Football governance – good or bad for the beautiful game?

May 19, 2023

Could Premier League regulation be in place for the start of next season?

The government would certainly like it to be, having confirmed in the spring its ambition to legislate to establish a new independent regulator for English football. 

Why regulate now?

This is not the first time the government has sought to intervene in the running of the beautiful game.  But this time is fundamentally different. 

Following former sports minister Tracey Crouch’s fan-led review of football governance in 2021, the government has responded with increased urgency over the need to make changes to the way clubs are run.  In a recent white paper they set out a proposal to replace self-regulation with an independent body that would ensure clubs are run in a sustainable and ethical manner. 

Whilst little real detail has been made available so far, it appears the key drivers for governance include:

  • the need to test the fitness of owners
  • prevention of financial failings, such as those recently seen at Bury
  • robust management of the huge sums of money generated, with equitable top-down distribution
  • prevention of a so called ‘super league’.

Independent regulation or government intervention?

Unsurprisingly there has been much scepticism of the legislation.  Some have questioned whether the regulatory body will be truly independent, or if instead this is another example of government intervention as it continues to roll out its “levelling-up” agenda.

If it comes to pass, England will become the first major nation to install a football regulator.  Much therefore rides on its success, not only for our national game, but also in terms of its potential to become a blueprint for the regulation of other sports in the future – all of whom I suspect will be keeping a close eye on developments.

Some significant questions certainly need answers:

  • How will these privately-owned businesses react to state interference?
  • What will be the consequences for the game as a whole?
  • Who will foot the bill of regulation?
  • Will fans actually get a greater say in the running of the clubs they love?
  • Will it disincentivise future investment, especially from overseas?
  • What will the governance code look like?
  • How will clubs be audited and held to account for failings?

Watch this space for updates and commentary, as we follow the journey of this potentially ground-breaking legislation.

Search Posts

Company and Commercial litigation

We act on behalf of large international enterprises, UK institutions, SMEs, and high net worth individuals across all aspects of company and commercial litigation.

READ MORE

Personal and Corporate Insolvency

An exacting field, insolvency cases require the very highest levels of precision and expertise. Our blended team guarantees superior results whatever the nature of the case.

READ MORE

Civil Fraud

The number of civil fraud cases heard in the courts has undergone a 50% rise in recent years.

READ MORE

Public Inquiries

Our specialist team have significant experience both of representing individuals, private organisations, campaigners, charitable organisations, and public bodies who find themselves under scrutiny, required to give evidence, or face the prospect of appearing at a hearing.

READ MORE