OpenLegislation

Paragraph 6 Financial penaltiesI1I2

England and Wales

(1)

This paragraph applies where the IFR determines (whether as a result of an investigation or otherwise) that a person (“P”) has, without reasonable excuse, committed a relevant infringement.

(2)

The IFR may impose a financial penalty on P.

(3)

The amount of a penalty imposed under this paragraph may be such amount as the IFR considers appropriate, provided it does not exceed the amount set out in whichever of sub-paragraphs (6) to (10) applies.

(4)

Where the IFR imposes a penalty under this paragraph it may provide that the amount of the penalty is reduced to, or by, a specified amount if the penalty is paid before a day specified in a decision notice under section 77.

(5)

The amount of a penalty imposed under this paragraph must be—

(a)

a fixed amount,

(b)

an amount calculated by reference to a daily rate, or

(c)

a combination of a fixed amount and an amount calculated by reference to a daily rate.

(6)

Where P is a club or a competition organiser, the maximum amount of a penalty that may be imposed under this paragraph is—

(a)

in the case of a fixed amount, an amount equal to 10% of the total revenue of the club or organiser (both inside and outside the United Kingdom);

(b)

in the case of an amount calculated by reference to a daily rate, for each day an amount equal to 10% of the daily revenue of the club or organiser (both inside and outside the United Kingdom);

(c)

in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amount specified in—

(i)

paragraph (a), in relation to the fixed amount, and

(ii)

paragraph (b), in relation to the amount calculated by reference to a daily rate.

(7)

Where P is a body that is not a regulated club but has been a regulated club, the maximum amount of a penalty that may be imposed under this paragraph is—

(a)

in the case of a fixed amount, the higher of—

(i)

an amount equal to 10% of the total revenue of the body’s (both within and outside the United Kingdom), and

(ii)

£75,000;

(b)

in the case of an amount calculated by reference to a daily rate, for each day the higher of—

(i)

an amount equal to 10% of the daily revenue of the body (both inside and outside the United Kingdom), and

(ii)

£25,000;

(c)

in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amount specified in—

(i)

paragraph (a), in relation to the fixed amount, and

(ii)

paragraph (b), in relation to the amount calculated by reference to a daily rate.

(8)

Where P is an owner of a club (including where P is also a senior manager or other officer of the club), the maximum amount of a penalty that may be imposed under this paragraph is—

(a)

in the case of a fixed amount, an amount equal to 10% of the total revenue of the club (both inside and outside the United Kingdom);

(b)

in the case of an amount calculated by reference to a daily rate, for each day an amount equal to 10% of the daily revenue of the club (both inside and outside the United Kingdom);

(c)

in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amount specified in—

(i)

paragraph (a), in relation to the fixed amount, and

(ii)

paragraph (b), in relation to the amount calculated by reference to a daily rate.

(9)

Where P is an officer of a club (including where P is a senior manager of the club but not where P is also an owner of the club), the maximum amount of a penalty that may be imposed under this paragraph is—

(a)

in the case of a fixed amount, the higher of—

(i)

an amount equal to 10% of the officer’s remuneration, and

(ii)

£75,000;

(b)

in the case of an amount calculated by reference to a daily rate, for each day the higher of—

(i)

an amount equal to 10% of the officer’s daily remuneration, and

(ii)

£25,000;

(c)

in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amount specified in—

(i)

paragraph (a), in relation to the fixed amount, and

(ii)

paragraph (b), in relation to the amount calculated by reference to a daily rate.

(10)

In any other case, the maximum amount of a penalty that may be imposed under this paragraph is—

(a)

in the case of a fixed amount, £75,000;

(b)

in the case of an amount calculated by reference to a daily rate, £25,000 per day;

(c)

in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amount specified in—

(i)

paragraph (a), in relation to the fixed amount, and

(ii)

paragraph (b), in relation to the amount calculated by reference to a daily rate.

(11)

Where a club or body is an undertaking that is part of a group, references in sub-paragraphs (6), (7) and (8) to the revenue of the club or body are to the revenue of that group.

Annotations

Commencement

I1

Sch. 9 para. 6 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I2

Sch. 9 para. 6 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(c)(ii)