Backstop

Under Part 6, competition organisers are able to apply to the IFR to trigger a “resolution process” under which they would have a final opportunity to reach an agreement on the distribution of relevant revenue through mediation, after which the IFR could make an order imposing its own statutory solution. 

The process can only be triggered if a competition organiser (the Premier League, English Football League or National League) makes an application to do so. In order to apply to trigger the process, a relevant competition organiser will need to show that one or more of the following four conditions has been met: i) there is no distributions agreement in place between the relevant leagues, ii) there has been or will be a material reduction in the distribution revenues received by a relevant league, iii) there has been a material change in circumstances affecting the relevant revenue being distributed, iv) the current distribution agreement has been in place for at least five years. 

The process may only be triggered by the IFR if: (i) it is satisfied that one or more of the conditions above is met, (ii) it considers that the question or questions for resolution could not be resolved within a reasonable period by exercising any of its other functions, and (iii) it has reasonable grounds to suspect that its ability to deliver at least one of its objectives (e.g. around systemic financial resilience) would be jeopardised if the process was not triggered. When deciding whether to trigger the process based on submitted questions for resolution, the IFR will consult the Football Association. 

If the IFR decides to trigger the resolution process, the following stages will apply:  

• Mediation stage: A further opportunity for the parties to reach their own agreement through a short period of statutory mediation (independent of the IFR) 
• Proposals stage: If mediation fails, the relevant competition organiser will submit proposals to the IFR setting out how they would propose to resolve the issues 
• Distribution Order stage: the IFR will make a distribution order requiring relevant revenues to be distributed in a way that the IFR considers appropriate  

In determining the features of any final Distribution Order, the IFR would have regard to the proposals submitted by the competition organisers, their representations on the IFR’s proposals, any relevant findings in the IFR’s State of the Game analysis, and other relevant considerations.  

Costs that the IFR incurs overseeing the resolution process under Part 6 can be charged to the relevant competition organisers via cost rules that can be accessed below.