Part 6Distribution of revenue

Resolution process

61Proposal stage

(1)

This section applies where mediation under section 60 comes to an end by virtue of the occurrence of an event within section 60(6)(b), (c) or (d).

(2)

As soon as reasonably practicable after the occurrence of the event, the IFR must give notice to the two specified competition organisers.

(3)

A notice under subsection (2) must—

(a)

set out the question or questions for resolution,

(b)

specify the qualifying football season or seasons to which that question relates or those questions relate,

(c)

set out any findings in the IFR’s most recent state of the game report that the IFR considers relevant to that question or those questions,

(d)

invite each of the two specified competition organisers to submit to the IFR and to each other a proposal as to how that question or those questions should be resolved,

(e)

require any proposal to be accompanied by supporting evidence (including evidence as to how the proposal addresses the findings set out under paragraph (c)),

(f)

specify the day on or before which proposals are to be submitted.

(4)

A question for resolution may be set out in a notice under subsection (2) only if it is the question, or one of the questions, for resolution remaining unresolved when the mediation mentioned in subsection (1) came to an end.

(5)

Where a notice under subsection (2) sets out a question for resolution that relates to relegation revenue (within the meaning given by section 62(9)), the notice must require the specified competition organisers to explain in a proposal how the proposal will promote the financial sustainability of clubs which operate teams relegated from a competition organised by the specified competition organiser distributing the relegation revenue.

(6)

Subsection (7) applies if, on or before the day specified by virtue of subsection (3)(f), a specified competition organiser submits to the IFR a proposal which the IFR considers is not a qualifying proposal.

(7)

The IFR may give both specified competition organisers a notice specifying a later day (falling not more than seven days after the end of the day specified by virtue of subsection (3)(f)) on or before which proposals are to be submitted.

(8)

As soon as reasonably practicable after—

(a)

the initial proposal deadline, or

(b)

(if earlier) the day on which the IFR considers that both specified competition organisers have submitted qualifying proposals,

the IFR must give a notice under subsection (9) to the two specified competition organisers.

(9)

A notice under this subsection must—

(a)

state which of the two specified competition organisers (if any) has submitted a qualifying proposal before the initial proposal deadline,

(b)

invite each such specified competition organiser to—

(i)

confirm their proposal, or

(ii)

make any permitted modifications to their proposal,

and submit the confirmed or modified proposal to the IFR and the other specified competition organiser, and

(c)

specify the day on or before which the confirmed or modified proposal is to be submitted.

(10)

The IFR may specify in a notice under subsection (2) or (9) the form and manner in which proposals and supporting evidence must be submitted.

(11)

In this section—

(a)

“the initial proposal deadline” means—

(i)

the day referred to in subsection (3)(f), or

(ii)

where the IFR gives a notice under subsection (7), the day specified in the notice;

(b)

a “qualifying proposal” means a proposal which—

(i)

explains how the question or questions for resolution should be resolved, and

(ii)

complies with the requirements imposed by virtue of subsection (3)(e) and (5) (if applicable);

(c)

a modification to a proposal is “permitted” unless it results in the proposal no longer being a qualifying proposal.