Baroness Twycross:

Moved by Baroness Twycross

That the House do agree with the Commons in their Amendments 2 to 62.

2: Clause 53, page 42, line 13, leave out “leviable functions” and insert “functions under this Act”

3: Clause 53, page 42, line 14, leave out “leviable functions” and insert “functions under this Act”

4: Clause 53, page 42, line 19, leave out “leviable”

5: Clause 53, page 42, line 26, leave out subsection (4)

6: Clause 53, page 43, line 2, leave out “leviable functions” and insert “functions under this Act”

7: Clause 53, page 43, line 4, leave out “its leviable” and insert “those”

8: Clause 54, page 44, line 13, leave out “leviable functions” and insert “functions under this Act”

9: Clause 54, page 44, line 14, leave out “its leviable” and insert “those”

10: Clause 56, page 46, line 27, leave out “means an order under section 62(1) or (3)” and insert “has the meaning given by section (Distribution orders)(6)”

11: Clause 56, page 46, line 42, leave out subsection (7)

12: Clause 57, page 47, line 12, leave out “the application relates” and insert “the question or questions for resolution mentioned in subsection (1) relate”

13: Clause 58, page 48, line 7, at end insert—“(za) set out details of the question or questions for resolution mentioned in section 57(1) to which it is intended the application will relate,”

14: Clause 58, page 48, line 8, leave out “the application relates” and insert “that question relates or those questions relate”

15: Clause 58, page 48, line 12, leave out paragraph (c)

16: Clause 58, page 48, line 22, at end insert—“(za) set out details of the question or questions for resolution mentioned in section 57(1) to which the application relates,”

17: Clause 58, page 48, line 23, leave out “the application relates” and insert “that question relates or those questions relate”

18: Clause 58, page 48, line 27, leave out paragraph (c)

19: Clause 59, page 48, line 33, leave out “the qualifying football season or seasons” and insert “one or more of the questions for resolution”

20: Clause 59, page 48, line 34, after “relates” insert “(or a modified version of one or more of those questions)”

21: Clause 59, page 48, line 36, leave out “a” and insert “the”

22: Clause 59, page 48, line 36, leave out “qualifying football season” and insert “question or questions for resolution”

23: Clause 59, page 48, line 38, leave out “that season” and insert “each season to which the question relates or the questions relate”

24: Clause 59, page 48, line 41, after “triggered” insert “in relation to the question or questions for resolution”

25: Clause 59, page 49, line 4, after “triggered” insert “in relation to one or more of the questions for resolution”

26: Clause 59, page 49, line 10, at end insert—“(4A) Where the IFR is minded that the resolution process should be triggered, the IFR must consult the Football Association on the question or questions for resolution in relation to which it is minded to trigger the process.”

27: Clause 59, page 49, line 15, at end insert—“(zi) the question or questions for resolution in relation to which the IFR is triggering the resolution process,”

28: Clause 59, page 49, line 16, leave out “the resolution process relates” and insert “that question relates or those questions relate”

29: Clause 59, page 49, line 18, leave out sub-paragraph (ii)

30: Clause 59, page 49, line 18, at end insert—“(iia) how the IFR has taken account of any representations, copies of which accompanied the application under section 57 by virtue of section 58(5)(d), in setting out that question or those questions, and”

31: Clause 59, page 49, line 20, leave out “the question or questions for resolution” and insert “that question or those questions”

32: Clause 59, page 49, line 21, at end insert—“(5A) Where any of the questions for resolution set out in the notice differ from those to which the application made under section 57 relates, the notice must set out the extent of, and reasons for, those differences.”

33: Clause 60, page 50, line 4, after “resolution” insert “set out in a notice under section 59(5)(b)(zi)”

34: Clause 60, page 50, line 6, leave out “the question or questions for resolution” and insert “that question or those questions”

35: Clause 60, page 50, line 15, after “resolution” insert “set out in a notice under section 59(5)(b)(zi)”

36: After Clause 60, insert the following new Clause—“Proposal stage(1) This section applies where mediation under section 60 comes to an end by virtue of the occurrence of an event within section 60(6)(b), (c) or (d).(2) As soon as reasonably practicable after the occurrence of the event, the IFR must give notice to the two specified competition organisers.(3) A notice under subsection (2) must—(a) set out the question or questions for resolution,(b) specify the qualifying football season or seasons to which that question relates or those questions relate,(c) set out any findings in the IFR’s most recent state of the game report that the IFR considers relevant to that question or those questions,(d) invite each of the two specified competition organisers to submit to the IFR and to each other a proposal as to how that question or those questions should be resolved,(e) require any proposal to be accompanied by supporting evidence (including evidence as to how the proposal addresses the findings set out under paragraph (c)),(f) specify the day on or before which proposals are to be submitted.(4) A question for resolution may be set out in a notice under subsection (2) only if it is the question, or one of the questions, for resolution remaining unresolved when the mediation mentioned in subsection (1) came to an end.(5) Where a notice under subsection (2) sets out a question for resolution that relates to relegation revenue (within the meaning given by section (Distribution orders)(9)), the notice must require the specified competition organisers to explain in a proposal how the proposal will promote the financial sustainability of clubs which operate teams relegated from a competition organised by the specified competition organiser distributing the relegation revenue.(6) Subsection (7) applies if, on or before the day specified by virtue of subsection (3)(f), a specified competition organiser submits to the IFR a proposal which the IFR considers is not a qualifying proposal.(7) The IFR may give both specified competition organisers a notice specifying a later day (falling not more than seven days after the end of the day specified by virtue of subsection (3)(f)) on or before which proposals are to be submitted.(8) As soon as reasonably practicable after—(a) the initial proposal deadline, or(b) (if earlier) the day on which the IFR considers that both specified competition organisers have submitted qualifying proposals,the IFR must give a notice under subsection (9) to the two specified competition organisers.(9) A notice under this subsection must—(a) state which of the two specified competition organisers (if any) has submitted a qualifying proposal before the initial proposal deadline,(b) invite each such specified competition organiser to—(i) confirm their proposal, or(ii) make any permitted modifications to their proposal,and submit the confirmed or modified proposal to the IFR and the other specified competition organiser, and(c) specify the day on or before which the confirmed or modified proposal is to be submitted. (10) The IFR may specify in a notice under subsection (2) or (9) the form and manner in which proposals and supporting evidence must be submitted.(11) In this section—(a) “the initial proposal deadline” means—(i) the day referred to in subsection (3)(f), or(ii) where the IFR gives a notice under subsection (7), the day specified in the notice;(b) a “qualifying proposal” means a proposal which—(i) explains how the question or questions for resolution should be resolved, and(ii) complies with the requirements imposed by virtue of subsection (3)(e) and (5) (if applicable);(c) a modification to a proposal is “permitted” unless it results in the proposal no longer being a qualifying proposal.”

37: After Clause 60, insert the following new Clause—“Distribution orders(1) This section applies where the IFR has given a notice under section (Proposal stage)(9).(2) Before the end of the period of 60 days beginning with the day on which the notice under section (Proposal stage)(9) was given, the IFR must give the two specified competition organisers a notice of the distribution order it proposes to make.(3) The IFR may extend the period in subsection (2) by up to a further 14 days if it considers it appropriate to do so.(4) A notice under subsection (2) must—(a) give reasons for the proposed distribution order,(b) explain how the proposed order applies the principles mentioned in subsection (8),(c) explain how the proposed order addresses the findings set out under section (Proposal stage)(3)(c),(d) invite each of the two specified competition organisers to make representations about the proposed distribution order,(e) specify the period within which such representations may be made, and(f) specify the means by which they may be made,and the IFR must have regard to any representations which are duly made.(5) The period specified under subsection (4)(d) must be a period of not less than 14 days beginning with the day on which the notice is given.(6) As soon as reasonably practicable after the end of the period specified under subsection (4)(d), the IFR must make an order requiring relevant revenue to be distributed in a way that the IFR considers appropriate for the purpose of resolving the question or questions for resolution set out under section (Proposal stage)(3)(a) (a “distribution order”).(7) In making a distribution order the IFR must—(a) apply the principles mentioned in subsection (8), and(b) have regard to any proposal submitted under section (Proposal stage)(9)(b). See also section 7 (in particular the IFR’s general duty to exercise its functions in a way that advances one or more of its objectives and to have regard to various matters).(8) The principles referred to in subsection (7)(a) are that—(a) the distribution order should not place an undue burden on the commercial interests of either specified competition organiser, and(b) the distribution order should not result in a lower amount of relegation revenue being distributed to a club during the relevant period than would have been distributed to the club during that period had the order not been made.(9) For the purposes of subsection (8)—“relegation revenue” means revenue distributed by a specified competition organiser to a club in consequence of a team operated by the club being relegated from a specified competition organised by the specified competition organiser; “relevant period”, in relation to a distribution order, means the period of one year beginning with the final day of the first football season in respect of which relegation revenue would be distributed in pursuance of the order.(10) A distribution order—(a) must impose on the specified competition organisers such obligations as the IFR considers appropriate for the purpose of securing compliance with the requirements set out in the order, and(b) may, where a distribution agreement is in force between the specified competition organisers in relation to the same qualifying football season or seasons to which the order relates, provide for that agreement to have effect subject to provision contained in the order.(11) At the same time as making a distribution order, the IFR must give the two specified competition organisers a notice—(a) including a copy of the order,(b) giving reasons for the order,(c) explaining how the order applies the principles mentioned in subsection (8),(d) explaining how the order addresses the findings set out under section (Proposal stage)(3)(c), and(e) including information about the possible consequences under Part 8 of not complying with the order.(12) The IFR must, as soon as reasonably practicable after making a distribution order, publish the order or a summary of the order.”

38: Page 50, line 26, leave out Clause 61

39: Page 51, line 22, leave out Clause 62

40: Clause 64, page 54, line 18, leave out “62(8)(b)” and insert “(Distribution orders)(10)(b)”

41: Clause 83, page 67, line 21, leave out “14” and insert “28”

42: Clause 83, page 67, line 25, leave out “14” and insert “28”

43: Clause 83, page 67, line 28, leave out “within” and insert “before the end of”

44: Clause 94, page 76, line 14, leave out from “to” to end of line 15 and insert “—(a) a provision of this Act which requires the IFR to consult another person;(b) the provision made by section 10(5)(a) and (b).”

45: Clause 94, page 76, line 18, leave out “carried out consultation” and insert “did anything”

46: Clause 94, page 76, line 20, leave out “consultation carried out” and insert “anything done”

47: Clause 94, page 76, line 21, leave out “consultation had been carried out” and insert “thing had been done”

48: Clause 94, page 76, line 23, leave out “consultation carried out” and insert “anything done”

49: Clause 101, page 80, line 11, leave out subsection (2)

50: Schedule 2, page 89, line 29, leave out “sections 61 and 82” and insert “section 82”

51: Schedule 2, page 91, line 41, at end insert—“(da) the function of deciding whether the resolution process should be triggered under section 59;(db) the function of making a distribution order under section (Distribution orders);”

52: Schedule 2, page 93, line 35, leave out “sections 61 and 82” and insert “section 82”

53: Schedule 5, page 103, line 18, after “specified” insert “from time to time by the IFR”

54: Schedule 8, page 109, line 14, leave out “a period of three months” and insert “so long as is necessary in all the circumstances”

55: Schedule 10, page 120, line 17, column 1, leave out “not to trigger” and insert “to trigger, or not to trigger,”

56: Schedule 10, page 120, line 17, column 2, leave out “a committee of the Expert Panel” and insert “the Board”

57: Schedule 10, page 120, line 19, column 2, leave out “a committee of the Expert Panel” and insert “the Board”

58: Schedule 10, page 120, leave out lines 21 and 22

59: Schedule 10, page 120, line 23, column 2, leave out “a committee of the Expert Panel” and insert “the Board”

60: Schedule 10, page 120, leave out lines 27 to 30

61: Schedule 10, page 120, leave out lines 35 and 36

62: Schedule 11, page 123, line 4, column 2, leave out “62(3)” and insert “(Distribution orders)(9)”

Motion agreed.

House adjourned at 9.32 pm.