4.1 | What if I get it wrong?
The IFR’s enforcement powers
Prior to the implementation of the Football Governance Act 2025 (FGA), English football has been largely self-regulated, with The FA and individual leagues (Premier League, WSL Football, EFL and National League) leading on governance and regulation.
The IFR's investigatory powers extend beyond mere information gathering (FGA, section 65). Under section 68 of the FGA, the IFR may conduct an investigation where it has reasonable grounds for suspecting that a person has committed a relevant infringement. Relevant infringements are set out in Schedule 7 and include, for example, operating without a licence. Where an investigation establishes a breach an IFR enforcement action is triggered by reference to the civil sanctions set out in Schedule 9.
Before considering formal enforcement action, the IFR must issue an FGA Section 76 warning notice outlining what action the IFR is minded to take and why, the alleged non-compliance and allowing time for representations about the proposed action. If, after considering the representations by the concerned parties, it proceeds to take applicable action, it must issue the person or body with a decision notice explaining the action it is taking, why, who made the decision (Board or Expert Panel), what action is required and by when. Some enforcement decisions may be delegated to an independent Expert Panel, but licence suspension or revocation remains with the IFR Board. The Expert Panel is appointed by the IFR's CEO and consists of individuals with a range of appropriate skills, knowledge, and experience to make decisions of technical judgement. These individuals are separate to the Board, and the Expert Panel will exercise its functions independently of the Board. Some more significant enforcement decisions cannot be delegated to the Expert Panel and can only be made by a committee of the IFR’s Board, such as the decision to suspend or revoke an operating licence.
Sanctions available to the IFR
The IFR will have the power to impose sanctions on individuals and bodies that it finds have infringed the rules, failed to comply with information requirements, or committed information offences. Available Schedule 9 sanctions against clubs and leagues include:
- Financial penalties, which for clubs and leagues may be set at up to 10% of annual revenue;
- Censure statements, enabling the IFR to publicly identify and criticise non-compliant parties; and
- In the most serious cases, the IFR may suspend or revoke a club’s licence.
However, the IFR cannot impose sporting sanctions, such as points deductions or transfer bans. Licence revocation or restrictive conditions may, in practice, prevent a club from continuing under existing ownership.
Individual liability and senior management accountability
Individuals performing “senior management functions” may be held personally liable for a club’s non-compliance in specific circumstances. The IFR will specify roles within scope, and clubs will be made to nominate the relevant individuals. Where a breach relates to an area overseen by a nominated senior manager, the IFR may impose fines on, and/or issue censure statements against that individual. Serious or repeated failures may result in reassessment, a finding of unsuitability, and directions restricting the individual’s career (FGA section 41). This is likely to have broader implications for directors and officers of clubs, and we would expect to see updates in the way D&O insurers ask questions in proposal forms for applicable policies (together with a general uptick in notifications made against D&O policies).
Urgent directions
As part of its enforcement toolkit, the IFR can also issue urgent directions (FGA, section 79) requiring someone to act or stop acting to end an ongoing infringement that jeopardises, or poses an immediate risk to, its ability to advance its statutory objectives. If an urgent direction is not followed, the IFR may seek injunctive relief from the Competition Appeal Tribunal (Schedule 9, para. 7).
Key takeaways: The IFR's new enforcement powers
- Warning Notices: Pay attention to warning notices, as they should be treated as a clear indication of regulatory concern, and a strong signal that the IFR is scrutinising club or league compliance. Enforcement action may follow if issues are not addressed in a timely manner.
- Record keeping: It is a criminal offence to destroy or dispose of information and / or documents required by the IFR, or to provide false or misleading information when asked. The IFR also places weight on the quality and timeliness of information. There are also court rules which are taken very seriously by the CAT and the Administrative Court – it is important to take specialist advice if you are in any doubt about obligations relating to document preservation. Make sure to maintain healthy record keeping practices, and to retain all information required by the regulator. It is also important to maintain and keep updated policies and guidance about responding to regulatory requests (including, how to maintain privilege).
- Internal accountability: Ensure senior management functions are clearly defined, understood and documented. If a breach arises in an area overseen by a nominated senior manager, the IFR may pursue enforcement action against the club, and the individual.
- Act early: In the event of a breach, the IFR considers early engagement and cooperation as mitigating factors in its sanctions assessment. Promptly putting a stop to a breach and implementing measures to prevent them from happening again can reduce the likelihood of receiving severe sanctions. On the other hand, making sure to avoid aggravating factors such as concealing a breach, or continuing a breach after the start of an investigation is important to reduce the likelihood of heavier penalties.
- IFR Guidance: Familiarise yourself with the Regulator's Guidance document on Sanctions, which can be found below: