Part 6

Distribution of revenue

Applications for resolution process to be triggered

Decisions by the IFR on applications under section 57
59
1
Where an application is made under section 57, the IFR must decide whether the resolution process should be triggered in relation to one or more of the questions for resolution to which the application relates (or a modified version of one or more of those questions).
2
The IFR may decide that the resolution process should be triggered in relation to the question or questions for resolution only if the IFR—
a
is satisfied that at least one of the conditions in section 57 is met in relation to each season to which the question relates or the questions relate,
b
has reasonable grounds to suspect that its ability to advance at least one of its objectives would be jeopardised if the resolution process were not triggered in relation to the question or questions for resolution, and
c
considers that the question or questions for resolution could not be resolved within a reasonable period of time by the IFR exercising any of its other functions under this Act.
3
In deciding whether the resolution process should be triggered in relation to one or more of the questions for resolution, the IFR may have regard to the purposes for which the distributed revenue would be used.
4
In deciding whether the resolution process should be triggered in reliance on the condition in section 57(3), the IFR may have regard to whether the situation described in section 57(3)(a) (no distribution agreement in force) has arisen as a result of bad faith on the part of either of the specified competition organisers.
5
Where the IFR is minded that the resolution process should be triggered, the IFR must consult the Football Association on the question or questions for resolution in relation to which it is minded to trigger the process.
6
If the IFR decides that the resolution process should be triggered, the IFR must—
a
notify the two specified competition organisers and give reasons for its decision, and
b
set out in the notice—
i
the question or questions for resolution in relation to which the IFR is triggering the resolution process,
ii
the qualifying football season or seasons to which that question relates or those questions relate,
iii
how the IFR has taken account of any representations, copies of which accompanied the application under section 57 by virtue of section 58(5)(d), in setting out that question or those questions, and
iv
any findings in the IFR’s most recent state of the game report that the IFR considers relevant to that question or those questions.
7
Where any of the questions for resolution set out in the notice differ from those to which the application made under section 57 relates, the notice must set out the extent of, and reasons for, those differences.
8
If the IFR decides that the resolution process should not be triggered, the IFR must notify the two specified competition organisers and give reasons for its decision.
9
The IFR must make the decision under subsection (1) within the period of 28 days beginning with the day on which the application is made.
10
The IFR may extend the period in subsection (9) by up to a further 28 days if it considers there are special reasons for doing so.
S. 59 in force at Royal Assent for specified purposes, see s. 100(2)(g)