The incoming Independent Football Regulator (IFR) plans to have access to banks and law enforcement, as well as the ability to force rogue owners to sell clubs as guidance is published.
The IFR published plans for a new Owners, Directors and Senior Executives’ Test, which they say will “raise standards and give powers to take action when owners or directors fail to meet new requirements”.
The proposals have been published alongside plans on information gathering, enforcement and sanctions, with public consultations closing on Monday 6 October.
The Department for Culture, Media and Sport statement insists “the IFR will publish its response to these consultations later this year, with the regime expected to go live as soon as possible”.
The new Owners, Directors and Senior Executives’ Test could be used to “bar the individual from taking certain actions or exercising certain rights; appoint a third party to run the club in their place; require an owner to sell the club within a reasonable timeframe; and if they fail to do so, appoint a third party to sell the club”.
Independent Football Regulator consultation
Incumbent owners, directors and senior executives will not need to apply for assessment, despite ongoing issues in the English Football League with some owners.
Morecambe’s former owner Jason Whittingham held out when selling his club – eventually to Panjab Warriors – in a move that led to DCMS secretary of state Lisa Nandy writing an open letter urging him to move on from the club.
Elsewhere Sheffield Wednesday’s owner, the Thai tuna tycoon Dejphon Chansiri, remains an unpopular owner at Hillsborough.
Potential club sanctions will be applied in a “stepped” approach, with the IFR citing the Competition and Markets Authority as an example of a body actively using that system.
The steps will firstly determine the seriousness of the breach. Before considering aggravating factors and mitigation. Then the regulator will consider proportionality before applying download adjustments to ensure maximum financial penalties aren’t breached.
The body insisted it “will not operate as an enforcement-led regulator”.