The Football Governance Bill and the Independent Football Regulator: A Brave New World?

Sustainability of football is at the heart of the Bill. The Bill also recognises the importance of football to fans and to local communities.  Football is the national game and the most popular sport in England, with 14.1 million grassroot players, 35 million fans attending the top four leagues per season and over 40,000 association football clubs.  Moreover, football clubs sit at the heart of their communities and are much more than just a business, as they are often central to local identity and woven into the fabric of community life. The Bill, therefore, is relevant to all stakeholders in football.

Among other things, the Bill will:

• create a new licensing regime for clubs;
• establish a new fitness and propriety test for owners and officers;
• impose certain duties on clubs aimed at protecting the heritage of those clubs, fans and local communities; and
• establish a framework for encouraging or, if required, determining the distribution of monies down the footballing pyramid.

Overall, there is much to be commended about the Bill and the IFR.  It has sought to address many of the recommendations of the Fan-led Review.  While this novel regime will, at least initially, likely cause stakeholders to be more cautious in their football business dealings, it is hoped that tighter regulation will ultimately encourage the long-term capital required to fund and sustain clubs, especially those clubs lower down the footballing pyramid.

This paper was written by: Christopher Allen, Partner; Andy Hughes, Senior Associate; and Jack Rudgeley, Trainee Solicitor.

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