Football Governance Act: IFR Information Gathering and Enforcement

The Football Governance Act 2025 (the Act) places statutory obligations on football clubs, their owners, officers, and senior managers, as well as organisers of specified competitions. These obligations are enforced by the Independent Football Regulator (IFR). The Act significantly expands the IFR’s powers to gather information from clubs, owners, and other persons and to investigate suspected instances of noncompliance with information requirements. This Insight outlines the IFR’s powers to gather such information, how suspected breaches will be investigated, and how sanctions will be decided.

INFORMATION GATHERING

The IFR has standalone powers to request information without any active investigation. The IFR can issue a formal notice requiring the club, owner, or officer to provide “specified information” necessary for its functions. This includes creating new data or collecting data which would not be ordinarily retained. The IFR also has the authority to appoint an independent “Expert Reporter” to produce a report on a specific matter regarding a club. Importantly, a club under review may be required to pay for such reports.

Procedure and Engagement

In the first instance, the IFR will typically seek information informally to reduce the burden on clubs, but formal powers can be used when such requests fail or if the IFR seeks information regarding regulatory decisions.

Where practicable, the IFR will share draft Information Notices with recipients to discuss, for example, deadlines, before issuing a final notice. Information Notices are formal, legally binding, and can be served on individuals or clubs, requiring them to provide specific information or documents.

Withholding Information

Recipients of Information Notices must provide information that is relevant to and specified in the request, unless the information is privileged (for example, legal advice between a client and a legal advisor regarding proceedings).

It is important to note that parties cannot withhold information on the grounds it is commercially sensitive. To alleviate any concerns regarding confidentiality, the IFR has emphasised its commitment to maintaining secure systems to protect the data it holds and will consider and, if necessary, implement redactions before any public disclosure is made.

Sanctions for Noncompliance

Failure to comply with an Information Notice or Expert’s Notice without  reasonable excuse can lead to either civil or criminal penalties. These can include censure statements (a public statement exposing the breach), financial penalties, or criminal sanctions. It is a criminal offence to intentionally provide false or misleading information or to destroy or falsify documents required by the IFR.

ENFORCEMENT INVESTIGATIONS

Triggers and Thresholds

The IFR can open an enforcement investigation if it has reasonable grounds to suspect a “Relevant Infringement” has occurred. A Relevant Infringement is not necessarily related to information-gathering offences discussed earlier in this Insight and can include broader offences such as operating without a licence, failing to comply with financial duties, or breaching owner/officer requirements.

The Investigation Process

An investigation by the IFR is expected to proceed as follows:

• Step 1 – Investigation Notice: The IFR issues a notice to the person under investigation and reflects this on the IFR website.
• Step 2 – Evidence Gathering: The IFR uses its powers to gather facts.
• Step 3 – Warning Notice: If an infringement is found, a Warning Notice setting out actions the IFR may take will be issued; the recipient of the Warning Notice has 14 days from issue to make representations regarding the claim.
• Step 4 – Final Decision: The IFR will either issue a Decision Notice, confirming the corrective measures that must be taken, or a Closure Notice if no infringement is found.

Once an investigation opens, the IFR is granted additional powers beyond its default statutory information-gathering powers. These cover the power to (1) conduct interviews, (2) apply for a warrant to enter or search business premises, and (3) require that persons maintain all relevant documents to avoid the destruction of evidence.

Decisions made by the IFR can be challenged through an IFR internal process. If the result of the internal appeal is unsatisfactory, there is the opportunity to appeal again to the Competition Appeal Tribunal (CAT). Certain material decisions, such as one to suspend or revoke a club’s licence, allow direct appeal to the CAT.

IFR SANCTIONS GUIDANCE

Scope of Sanctions

If clubs, owners, officers, senior managers, competition organisers, or other relevant persons fail to meet their obligations under the Act, the IFR is authorised to impose sanctions on them.

These are predominantly separated into two categories: (1) sanctions relating to information requirements, such as failure to answer the IFR’s questions, to provide information, or to preserve information, or (2) sanctions relating to “Relevant Infringements,” which includes failing to hold an operating licence, not meeting operating licence conditions, committing a breach of a direction from the IFR, and failing to meet financial duties.

The Act does allow for criminal offences in the event of the destruction or disposal of information required by the IFR; however, guidance makes clear this would only be imposed in very limited circumstances.

Types of Sanctions

The IFR can issue five different sanctions, which depend on the severity of the breach.

To ensure transparency and proportionality, the IFR is bound by a four-step process to determine the appropriate type of sanction. The methodology focuses on determining

• how serious the breach was, by considering the impact, the level of awareness by the perpetrators, and whether the breach had an impact on the IFR and its objectives (as part of this stage, the breach will be assigned a level of seriousness);
• whether there were any mitigating or aggravating factors involved, such as deliberate concealment of the breach versus early self-reporting;
• whether a sanction is both proportionate and also suitable to act as a deterrent to other regulated persons; and
• whether there is an applicable statutory minimum in the context of financial penalties.

WHAT COMES NEXT?

This regime clarifies the penalties for failing to meet the IFR’s high standards. Clearly, there is a strong set of sanctions available to the IFR to deter poor performance and to punish rule breaches. Clubs, owners, and prospective owners need to consistently evaluate their own practices and ensure that their policies facilitate openness and collaboration with the new regulator or otherwise face the potential consequences.

Trainee Solicitor Louis Dean contributed to this Insight.