Part 5Duties on clubs and competition organisers etc
Duties on regulated clubs and formerly regulated clubs etc
46Duty not to dispose etc of home ground without approval
(1)
A body to which subsection (2) applies must notify the IFR where the body considers that there is a reasonable prospect of the body—
(a)
disposing of any freehold or leasehold interest that the body holds in its home ground or any part of the home ground, or
(b)
using any interest that the body holds in its home ground, or any part of the home ground, as security in respect of a loan or other liability.
(2)
This subsection applies to—
(a)
a body that is a regulated club, or
(b)
a body that is not a regulated club but has been a regulated club at any point within the previous 5 years (a “formerly regulated club”).
(3)
In calculating the period of 5 years mentioned in subsection (2)(b), no account is to be taken of any time before the coming into force of this section.
(4)
A notification under subsection (1) must be given as soon as reasonably practicable after the body considers the duty under that subsection to have arisen.
(5)
A body to which subsection (2) applies must obtain the approval of the IFR before it takes any step mentioned in subsection (1).
(6)
The IFR must grant approval for the taking of any step mentioned in subsection (1) if—
(a)
where the body is a regulated club, it is satisfied that the taking of the step would not undermine the financial sustainability of the club;
(b)
where the body is a formerly regulated club, it is satisfied that the body has taken all reasonable steps to ensure that a team customarily plays its home matches at the ground.
(7)
The IFR may not grant approval in any other circumstances.
(8)
The IFR must, as soon as reasonably practicable after the body has sought approval, decide whether to grant approval under subsection (6).
(9)
The IFR must notify the body of its decision to grant, or not to grant, that approval and give reasons for its decision.
(10)
In this section, “home ground”—
(a)
in relation to a body that is a regulated club, means the ground at which a relevant team operated by it customarily plays its home matches;
(b)
in relation to a body that is a formerly regulated club, means the ground at which a relevant team operated by it immediately before it ceased to be a regulated club customarily played its home matches.