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Football Regulation Bill


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Described as the biggest change to the football landscape for a generation there's a lot of stuff affecting the whole football pyramid and a lot affecting SWFC specifically.

 

Running to 130 pages of legalese the bill is hardly bedtime reading but the Explanatory Notes are a bit more accessible to the layman.

If people read it it would make for a better informed debate about the implcations for our club and us as a fanbase. 

 

The bill itself: 

https://publications.parliament.uk/pa/bills/cbill/58-04/0187/230187.pdf

 

Explantory Notes: 

https://publications.parliament.uk/pa/bills/cbill/58-04/0187/en/230187en.pdf

 

 

Edited by HarrowbyOwl
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Page 81 onwards of the explanatory notes is interesting - talks about powers to enter premises under warrant, obstructing an investigating officer carries up to 2 years imprisonment, power to summon people to answer questions. 

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4 minutes ago, doubleo said:

Page 81 onwards of the explanatory notes is interesting - talks about powers to enter premises under warrant, obstructing an investigating officer carries up to 2 years imprisonment, power to summon people to answer questions. 

Yep, the bill is much stronger on going after bad owners that I'd anticipated.

I guess it was drafted with the whole Reading saga in mind and our owner protests

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11 minutes ago, doubleo said:

Page 81 onwards of the explanatory notes is interesting - talks about powers to enter premises under warrant, obstructing an investigating officer carries up to 2 years imprisonment, power to summon people to answer questions. 

I have thought seriously for some time that the only way Chansiri will go is if he winds up behind bars.

 

Fully expect he will employ someone who he can pass the responsibility onto for things such as this. 

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20 minutes ago, Londoner1867 said:

At risk of sounding very ignorant and not reading it in detail, is the whole point of this bill just to make it impossible for teams to break away from the Premier League?

The European Super League debacle set allarm bells ringing and convinced people about the need for independent regulation, so was very much the trigger that kick-started the whole process.

 

"The purpose of the Football Governance Bill is to establish a new Independent Football Regulator (“the IFR”) and its regulatory regime, with the primary aim of ensuring the long-term sustainability and resilience of English football."

 

Joining prohibited breakaway leagues is one just one relatively small part of the bill.

Clause 45: Duty not to operate a team in relation to a prohibited competition

Subsection (5) sets out some factors that the IFR must consider when deciding whether or not to specify a competition as prohibited. This includes whether a competition is (or would be) fair, open and meritocratic, its impacts (and potential impacts) on the sustainability of relevant competitions and clubs in those competitions (where ‘relevant competitions’ is defined in subsection (11)), and impacts (and potential impacts) on the heritage of English football. The IFR must also consider any other factors it specifies in its rules.

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2 minutes ago, HarrowbyOwl said:

The European Super League debacle set allarm bells ringing and convinced people about the need for independent regulation, so was very much the trigger that kick-started the whole process.

 

"The purpose of the Football Governance Bill is to establish a new Independent Football Regulator (“the IFR”) and its regulatory regime, with the primary aim of ensuring the long-term sustainability and resilience of English football."

 

Joining prohibited breakaway leagues is one just one relatively small part of the bill.

Clause 45: Duty not to operate a team in relation to a prohibited competition

Subsection (5) sets out some factors that the IFR must consider when deciding whether or not to specify a competition as prohibited. This includes whether a competition is (or would be) fair, open and meritocratic, its impacts (and potential impacts) on the sustainability of relevant competitions and clubs in those competitions (where ‘relevant competitions’ is defined in subsection (11)), and impacts (and potential impacts) on the heritage of English football. The IFR must also consider any other factors it specifies in its rules.


Thanks, so my take from that is a breakaway league isn’t explicitly banned, but that wording makes it clear the IFR would block any attempt from a club to join one, citing ‘impacts on the heritage of English football’ and it would forever be a non-starter.

 

I said it in another thread, I’d actually love the greedy top 6 to break away. At least then we can dream of a top flight we have a chance of one day winning 

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1 hour ago, Londoner1867 said:

At risk of sounding very ignorant and not reading it in detail, is the whole point of this bill just to make it impossible for teams to break away from the Premier League?

Here's a rundown of the main provisions of the bill

  • Establishing a new independent regulator. The IFR will operate a licensing system, where all clubs in scope will need a licence to operate. It is intended that all clubs in the top five tiers of men’s English football will be in scope of the regulatory regime.
  • Establishing strengthened Owners’ and Directors’ Tests to make sure club custodians are suitable.
  • Enabling the use of targeted financial regulation to improve the financial resilience of individual clubs and the system more broadly.
  • Setting a minimum standard of fan engagement and requiring clubs to comply with club heritage protections.
  • Requiring clubs to seek IFR pre-approval for any sale of, or relocation from, their home ground.
  • Preventing English clubs from joining prohibited competitions that do not have the support of the fans or that threaten the heritage or sustainability of English football.
  • Giving the IFR targeted backstop powers to intervene in financial distributions if necessary and subject to certain thresholds being met, in order to ensure financial sustainability.
  • Establishing a ‘Football Club Corporate Governance Code’, requiring regulated clubs to report on how they are applying the code of practice.
  • Periodically prepare and publish a comprehensive ‘State of Game’ report, which will act as a market study for football and provide the IFR with a key evidence base.
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1 hour ago, Londoner1867 said:


Thanks, so my take from that is a breakaway league isn’t explicitly banned, but that wording makes it clear the IFR would block any attempt from a club to join one, citing ‘impacts on the heritage of English football’ and it would forever be a non-starter.

 

I said it in another thread, I’d actually love the greedy top 6 to break away. At least then we can dream of a top flight we have a chance of one day winning 

 

Can't ban the existence of one as it would probably be an international competition - but English clubs would be legally prohibited from joining by the threat of losing their licence.

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35 minutes ago, Umeeksk said:

 

Can't ban the existence of one as it would probably be an international competition - but English clubs would be legally prohibited from joining by the threat of losing their licence.

If it's an "illegal" competition. i.e. presumably one not sanctioned by EUFA or FIFA.

 

If they sanction it, then preventing English clubs joining would probably be seen as political interference in the running of the game which could see all English clubs and the international teams sanctioned directly by FIFA. Clearly the devil is in the detail, but I'll read the explanatory notes over the next few days to ensure I'm understanding this correctly.

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22 minutes ago, Utah Owl said:

If it's an "illegal" competition. i.e. presumably one not sanctioned by EUFA or FIFA.

 

If they sanction it, then preventing English clubs joining would probably be seen as political interference in the running of the game which could see all English clubs and the international teams sanctioned directly by FIFA. Clearly the devil is in the detail, but I'll read the explanatory notes over the next few days to ensure I'm understanding this correctly.

Not illegal, prohibited, as decided by the regulator. Here's what Nick De Marco has written about it:

"Article 19(1) of the FIFA Statues11 provides that “Each member association shall manage its affairs independently and without undue influence from third parties”, and third parties has been read to include governmental interference. The FA’s objects include to “govern the game of association football” in England.12 Does the creation of a state Regulator with powers to prevent a football club playing professional football in England constitute undue influence in The FA’s affairs? While it may be arguable, FIFA has been careful in determining when and against whom to invoke its powers to suspend a member association for breach of Art. 19, the usual focus being on influence on the administration of the association itself, rather than on the matters it regulates. Absent something exceptional like the Regulator ordering that The FA must replace its Chairperson with another appointee it is most doubtful that the proposals as drafted would lead to any sanction being applied by FIFA, and it is significant that thus far FIFA itself has not raised any concern about the proposals."

https://www.blackstonechambers.com/documents/The_New_Football_Regulator_by_Nick_De_Marco_KC.pdf

Nick De Marco KC is a leading football lawyer, author of Football and the Law and, more famously😀, defended us in the points deduction case

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1 hour ago, Jim Wonk said:

OOOOOOOOHHHH I’M REIGHT SCARED:Chansiri:

Let's hope you are as on the mark with that statement Dej as you were with previous gems such as;

 

Not in any financial difficulties re the rules

 

We have friends

 

Etc, etc.

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Shadow Regulator

The government is establishing the regulator in shadow form now so that the IFR is ready to operate as soon as possible once legislation is passed.

The shadow regulator is undertaking preparatory activity, including:

designing an agile and efficient organisation with the right governance, skills and expertise to enable effective and transparent regulation

engaging clubs in early decision making about the operation and implementation of the regime

developing the scope of the State of the Game report in consultation with the football industry and fans

working with football authorities on sharing information and existing best practices within the industry.

An interim chief operating officer was appointed in November 2023 to head up the shadow regulator. Further appointments, including an independent chair and chief executive officer, will be made in due course.

 

Martyn Henderson is the interim chief operating officer. He used to be CEO of Sports Grounds Safety Authority.

 

A chairman, a CEO, a COO; an organisation with the right governance, skills and expertise to enable effective........I wonder what they'll make of it when they are sitting on their own in an office at Hillsborough waiting for DC to come back in from his smoking break.

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Second Reading of the Bill scheduled in the Commons this afternoon.

 

Various people and groups are already discussing possible amendments:

  • Looking to amend the Bill to give the Regulator more power to force the EPL to distribute money down the pyramid
  • The Lords looking to block foreign state ownership of football clubs
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2 minutes ago, HarrowbyOwl said:

Second Reading of the Bill scheduled in the Commons this afternoon.

 

Various people and groups are already discussing possible amendments:

  • Looking to amend the Bill to give the Regulator more power to force the EPL to distribute money down the pyramid
  • The Lords looking to block foreign state ownership of football clubs

I would also look to make sure that in the case of corporate ownership, there are named individuals that are the ones who can be held directly responsible for breaches.

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Looks like Ipswich owners are cashing out, at least in part & yet another US corporate investor is splashing big money on the back of their Premier League potential. 
 

Couple of observations come to mind about this:

 

Look at the difference just 10 months has made to our respective fortunes (pun intended)!

 

Assuming Ipswich fail in their promotion attempt Is there really more potential in them than us to tempt major investment?

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