The Independent Football Regulator (IFR) is now in place and clubs in the top five divisions must comply with the legislation. But how well do supporters’ organisations understand the Football Governance Act? And what role can Fan Advisory Boards (aka FABs which give this series its name) play in shaping decisions at their clubs?

Martin Cloake (right) has been heavily involved in the FSA’s policy work on this subject and he is kindly allowing us to reproduce this series of articles from his Substack. The latest in the series looks at the powers of the regulator.

So far in this series we’ve taken a look at some of the basic concepts in the Football Governance Act and tried to explain, in plain English, what they mean and how you as a fan can make the most of them.

We’ve covered what the strategic business plan is and how you can influence it, what is meant by corporate governance and how you can play your part in making sure it is effective, and what tools the Act gives you to protect important parts of your club’s identity such as its badge, the colour of its shirt and where its home ground is.

But, understandably, there are many who think the IFR is just another talking shop. Too many of us have experience of so-called governance codes or agreements that clubs use as tick-box exercises when they want to show they are listening, but ignore when it comes to anything important.

In this article, we are going to show what powers the IFR has, and in the next and final article we are going to show you how you can play your part in making sure those powers are used for the good of the game we love.

The Football Governance Act 2025 has set the IFR up to be not just a talking shop, but a body with extensive powers to investigate, penalise, and even remove owners and senior executives who refuse to follow the rules. Put another way, the law gives the IFR teeth to ensure clubs comply with the Act. That’s why we have taken the time to set out this series of articles – because the IFR has the legal power to make the measures set out in them stick.

The IFR has been given some important powers to enforce the Act.

Information Notices: The IFR can legally demand any information it needs to do its job. It may also investigate a club where it believes that it has committed a “relevant infringement”. (Sections 65 and 67).

Expert Reporters: The regulator can send its own “expert reporters” into a club to prepare a detailed report on specific issues. (Section 66).

Warrants and Entry: In extreme cases, the IFR can apply for a court warrant to enter business premises and seize information. (Schedule 8).

The act also explicitly states that lying to the regulator or destroying evidence is a criminal offence. (Section 78).

So what are the penalties the IFR can impose on clubs if they do not comply with what the Act requires?

Public Censure: The IFR can publish a “censure statement,” naming and shaming a club or person for failing to meet their obligations. (Section 75, and Schedule 9). This mechanism has already been used in respect of past breaches by senior figures at Morecambe FC.

10% Fine: This is a major power. The IFR can impose financial penalties of up to 10% of a club’s total revenue (or even 10% of a parent group’s revenue) for breaking the rules. (Schedule 9, paragraph 3).

Skilled Persons: If a club is failing, the regulator can require them to appoint and pay for a “skilled person” nominated by the IFR to move in and fix the problem. (Schedule 9, paragraph 5).

The Act also gives the regulator power over the club’s board, or more specifically, the individuals who sit on the club’s board or occupy senior managerial positions.

Suitability Tests: The IFR has the power to decide who is fit to become an owner of or run a club based on honesty, integrity, and financial soundness. (Section 28). Similar provisions for new officers, substituting competence for financial soundness, are set out at Section 29.

Broadly equivalent powers to determine suitability of existing (or incumbent) owners and senior officers are set out at Sections 34 and 35 respectively. Section 33 is also important here, as it requires clubs to notify the IFR where owners or officers experience a change in circumstances that may affect their suitability for their role.

Removal Directions: If an owner or officer is found unsuitable, the IFR can direct them to step down or stop exercising their rights, such as voting on club matters. (Section 39 and Section 40).

Ownership Removal Orders: In the most serious cases, the IFR can make an order to force the sale of a club by appointing trustees to oversee the exit of an unsuitable owner. (Section 43).

The “Nuclear Option”: No License, No Play

The IFR can suspend or permanently revoke a club’s license (Section 19); further details on how and in what circumstances such action can be taken are set out in Schedule 9, Paragraph 9. Such an extreme option may come into play if a club persistently breaks the rules or jeopardizes the IFR’s ability to achieve its own objectives, (for example, in respect of the sustainability of the game).

It is important to stress this must be an instrument of last resort, but it is important that the threat is there in order to ensures clubs take the other elements of the legislation seriously.

If a club’s actions immediately risk the IFR’s objectives, the regulator can issue an “urgent direction” to stop the behaviour instantly. (Section 79).

Weapons of first resort

We have above listed all the more draconian and eye-catching tools at the IFR’s disposal, in order to make a serious point about its ability to bring about swift, direct action and potentially change in the way that club owners and senior staff behave.

This is, arguably, already having an impact on some clubs. In reality, whilst the IFR can and hopefully will make decisive interventions in clubs where needed, their preferred modus operandi will involve:

• Identifying and promulgating good practice
• Using persuasion and peer review to ensure that better performing clubs set the pace of improvement
• Using licensing conditions to guide clubs towards more sustainable practices
• Requiring clubs to abide by their own financial plans and targets

These kind of techniques are less spectacular and less obvious to fans. They do however help the IFR to achieve both its statutory financial objectives:

• To make individual CLUBS more sustainable; and
• Make the PYRAMID as a whole more financially resilient.

Summing up – accountability at last

The Football Governance Act is so important because it moves the way football is run in England and Wales from a “voluntary” system to a regulated one where there are clear, legal consequences for failure.

The powers in the Act aren’t there to be used every day; they are there to ensure that when fans sit down to discuss “relevant matters,” the club knows they have to listen. They are also there to ensure that clubs organise themselves internally in ways that promote good decision making.

Finally, they are there to ensure that clubs manage their resources effectively and follow their own plans for doing so. Everyone who cares about any regulated club has a vested interest in these things happening.

In the next and final article, we’ll look at how fan groups can prepare to step up and use this new opportunity effectively.

• Part 1: How to use the Football Governance Act at your club
• Part 2: Strategic business plans and your right to influence
• Part 3: Corporate governance – keeping the plan on track
• Part 4: Heritage issues – protecting your club’s identity

This article could not have been written without the assistance of Robbie Whittaker of the Blackpool Supporters Trust, whose knowledge of the legislation has proven invaluable to Martin and the FSA. Martin wants to be transparent that some of the basic research in this piece has been conducted with the assistance of Gemini Notebook, which cites original sourcing, but those sources have been checked by Robbie and Martin. All analysis and conclusions are those of Robbie and Martin too.

Martin Cloake’s The Football Fan is available to read for free via Substack.