Part 5

Duties on clubs and competition organisers etc

Duties on regulated clubs and formerly regulated clubs etc

Duty not to dispose etc of home ground without approval
46
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.
S. 46 in force at Royal Assent for specified purposes, see s. 100(2)(g)