OpenLegislation

Paragraph 8 Suspension or revocation of operating licenceI1I2

England and Wales

(1)

Paragraph 9 applies where—

(a)

the IFR determines (whether as a result of an investigation or otherwise) that a club has, without reasonable excuse, committed a relevant infringement, and

(b)

one or more of the aggravating conditions are met in relation to the relevant infringement.

(2)

The first aggravating condition is that—

(a)

the relevant infringement is intentional and persistent, and

(b)

the IFR has already taken action in accordance with this Part of this Schedule and considers that there is no further action it could take under this Part of this Schedule (other than action under paragraph 9) that would bring the relevant infringement to an end.

(3)

The second aggravating condition is that—

(a)

the club has intentionally and persistently failed to co-operate with the IFR in relation to any investigation into the relevant infringement, and

(b)

the IFR has already taken action in accordance with this Part of this Schedule and considers that there is no further action it could take under this Part of this Schedule (other than action under paragraph 9) that would bring the relevant infringement to an end.

(4)

The third aggravating condition is that the relevant infringement jeopardises the IFR’s ability to advance one or more of its objectives.

(5)

For the purposes of this paragraph, behaviour is persistent if the behaviour has occurred on a sufficient number of occasions for it to be clear that it represents a pattern of behaviour or practice.

Annotations

Commencement

I1

Sch. 9 para. 8 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I2

Sch. 9 para. 8 in force at 1.11.2026 in so far as not already in force by S.I. 2026/1135, reg. 3(1)(d)(ii)