Part 6

Distribution of revenue

Resolution process

Proposal stage
61
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.