Football Governance Act 2025 (Specified Competitions) Regulations 2025

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Football Governance Act 2025 (Specified Competitions) Regulations 2025.

My Lords, I am delighted to be speaking to these regulations, which were laid before the House in draft on 13 October 2025. I would like to thank the Secondary Legislation Scrutiny Committee for the scrutiny provided on this draft statutory instrument.

This Government have now fulfilled our promise by establishing the Independent Football Regulator, following the Football Governance Act 2025 achieving Royal Assent in July. The Act was born out of necessity; just look at what has happened at Sheffield Wednesday over recent months and years. Despite the global success of English football, we have seen too many clubs overshadowed by irresponsible owners, unsuitable financial models and inadequate regulations. Too often, fans have had to fight to protect their club’s very identity and existence.

Following the Act, the Independent Football Regulator was established with three key objectives: clubs’ financial soundness, systemic financial resilience and safeguarding club heritage. The regulator is the first of its kind and is designed to protect our cherished clubs, empower fans and keep clubs at the heart of their communities. By delivering the necessary stability and long-term viability required to stimulate future investment and growth, the regulator will safeguard the football pyramid.

The Act itself did not define which clubs and competitions would fall under the regulator’s scope—an issue much discussed in this place during the passage of the Bill. This approach mirrors other sporting legislation and ensures that the regime can adapt swiftly to any changes in the football pyramid. As noble Lords are aware, amending delegated powers is quicker and easier than amending primary legislation. Following extensive discussion during the Bill’s passage, the scope set out in this statutory instrument remains consistent with the recommendations in the fan-led review and the scope proposed by the previous Government.

This statutory instrument sets out the scope of the regulator as follows: the Premier League competition, organised and administered by the Football Association Premier League; the Championship, League One and League Two competitions, organised and administered by the English Football League; and the Premier Division of the National League competition, organised and administered by the National League. The critical issues in English football that warrant the regulator’s existence, identified in the excellent fan-led review led by Dame Tracey Crouch, are most starkly and prominently evident in the top five professional tiers of men’s English football. Extending the scope beyond the top five tiers would be disproportionate, in our view, as the burden on smaller clubs would outweigh the benefits of regulation.

The independent review of domestic women’s football, led by Karen Carney and published in July 2023, recommended that the women’s game should be given the opportunity to self-regulate. We support this position.

I know we are talking about English football in this debate, but I want to put on record my congratulations to the Scottish team for their epic victory last night and their qualification for the World Cup. Well done to them.

I have a brief question for the Minister about what a future process for expanding the remit of the regulator might be. During the passage of the Bill, she set out the Government’s reasons—she reiterated them just now—for not including the women’s game in the scope of the regulatory regime at this stage. Hence, it is not covered in the SI we are discussing. She mentioned the five-year review but say that in 18 months’ time, those involved in running women’s football and the clubs approach the regulator and say they would like the women’s game to be included within the regulator’s remit? If the regulator agrees with that request, what will the process be to take that forward?

Will the Government simply agree and table a revised SI to be debated again, to include the women’s game within the scope of the regime, or will Ministers and DCMS officials be more actively engaged in the process if they believe the status quo that they have argued for until now remains a sensible position? Or will they say they have to wait for five years? It would be useful to know whether the Government have given any thought to what process might be able to take place if something happens before the review.

My Lords, these regulations do not surprise anybody. They are more or less what the Act said, so congratulations on bringing clarity. The question about the women’s game is reasonable; I was going to ask something similar. It is an ongoing question. If the women’s game, which is expanding at a phenomenal rate, has any of the problems that the men’s game had—hopefully, the warning shock from this might help—it is a decent thing to ask how it is to be brought in.

It is good to get the regulator functioning at the moment. We put a great deal of time into it. It was one occasion when I agreed with Governments led by three Conservative Prime Ministers and one Labour Prime Minister. We needed this, we should have it, and we should have it operational.

The review is the most important bit of this Act, as it stands. Will the Minister like to expand a little more on the scope and how it could be expanded? What do the Government envisage? We are doing something new. We are pretty sure the existing system has failed a lot of fans and communities by threatening their clubs, Sheffield Wednesday being only the last example. We could go on for ever, and the number of near misses is great, but we should not be going through the near miss of losing your club on a periodic basis. Only a few have gone, but it is almost wondrous that there have not been more casualties.

Having said that, we wish this instrument well; after all the hours we spent debating it, we can do nothing else. I hope that the Minister will be able to give us an idea of the ongoing process because this is a first step, and a pretty bold first step. It certainly was not welcomed with open arms by the top tier of professional football. How is it going to develop? Also, the question about the women’s game is a genuine one; I congratulate the noble Baroness, Lady Evans, on asking it.

Before I sit down, let me, as a rugby fan who cheers for Scotland, say well done to those who kick the round ball; thank God they did not follow the example of their union colleagues.

My Lords, I commend the regulations in front of us. I strongly support the points made by the noble Baroness, Lady Evans, on the question of the inclusion of the women’s game. It is an argument that I have heard on a number of occasions. The fact that there is willingness and a desire on the part of women’s football to come under the aegis of the regulator is, I hope, something of which the Minister will take account.

I want to mention briefly one aspect of this instrument: its scope. As the Minister correctly said, it covers the Premier League, the three divisions of the Football League and the top level of the National League, which used to be called the Football Conference. It is quite appropriate for the line to be drawn at that, as the clubs below that level are not in need of the regulatory burden that I suspect the introduction of a regulator and its activities would impose, but there is one aspect of the relationship between the National League and the Football League that I would like her to take on board and, perhaps, discuss with the regulator when she next sees him.

Between the Premier League and the Championship, there is a promotion and relegation arrangement: three clubs go up and three clubs go down. Between the Championship and what is now the first division of the Football League, again, it is three up and three down. When you go down from the first division of the Championship to the second division, it is four up and four down. However, when you get to the second division of the Football League and the top level of the National League, it is only two up and two down; indeed, the introduction of a second place was awarded only as recently as 2003.

A very powerful campaign is under way in the non-league game, if one can call it that, to introduce three up and three down. If any of your Lordships attended a match in the National League or its feeder leagues last Saturday, they will have discovered that the kick-off was put back by three minutes in order to draw attention to this campaign. It is strongly supported by the Football Supporters’ Association. If there is to be fairness, as well as an opportunity for clubs below the Football League to thrive, it is very important that “three up” comes into being. I hope that the regulator will take account of that and will be prepared to consider it when it looks at the structure of the game. I would like my noble friend to be prepared to raise this with the regulator at the first opportunity.

My Lords, I first share in the felicitations that my noble friend Lady Evans of Bowes Park and the noble Lord, Lord Addington, sent to the Scottish team on their result last night. I send my best wishes to all the home nations for good results in the next World Cup.

The regulations before the Grand Committee define the statutory scope of the Independent Football Regulator created under the Football Governance Act 2025. The Government have chosen to include the top five professional leagues in English men’s football—116 clubs —on the basis that financial and governance risks are greatest at this level. As the noble Lord, Lord Addington, said, there is no surprise here; this was the policy direction that was set out in the Explanatory Notes that accompanied the Bill that became that Act.

However, he was not quite right when he said that this is more or less what the Act says because, as the Minister alluded to in her remarks, the reason we are here making this law in a rather sparsely attended Grand Committee, rather than through primary legislation on the Floor of the House, is that making that clear in the Bill would have made it a hybrid Bill. As she said, that was much discussed during our debates on the Bill, so here we are.

Nobody disputes the need for clearer oversight of the beautiful game, but the question before the Committee today is whether the Government have brought forward a regime that is proportionate, workable and credible. On each of these tests, some doubts remain, and those doubts were only heightened by the unanswered questions in the exchanges we had yesterday on the leadership of the new regulator.

The Government say that the clubs at the five levels set out in the instrument before us can absorb the new compliance obligations, but the reality, as we heard across your Lordships’ House in our debates on the Bill and from the sector itself, is rather different. Premier League clubs have the structures to cope; many League Two and National League clubs do not. Some operate with only one or two staff; many others rely on volunteers. For them, these regulations are not a technical adjustment but a material burden. In her introductory remarks, the Minister spoke of the regulatory burden that the Government have decided would be too great for clubs in lower leagues, but I hope she will acknowledge that there will be burdens on many of the 116 clubs that we are proposing to designate today.

My Lords, this has been an important and useful debate; I am grateful to all noble Lords who contributed to it. In line with the noble Baroness, Lady Evans of Bowes Park, and other noble Lords, I congratulate Scotland on its impressive win last night. However, while we are congratulating home countries, I should like to note that Wales also won last night; I am sure that all noble Lords will join me in wishing that team well in its future efforts to qualify.

In relation to the SI before us, the implementation of this regime, which prioritises the protection of clubs from financial distress and protects the interests of fans nationally, remains a priority for the Government. That is why we are working at pace to deliver the next phase of the independent football regulator’s framework, for which the delineation of scope is a necessary step. Despite the concerns of the noble Lord, Lord Parkinson of Whitley Bay, we believe that the new regulator is proportionate and will not place unnecessary burdens on smaller, less affluent clubs. I am also clear that the scope of the regime has been appropriately defined.

A number of other points were made by the noble Baroness, Lady Evans of Bowes Park, the noble Lord, Lord Addington, and my noble friend Lord Faulkner of Worcester—and repeated by the noble Lord, Lord Parkinson—in relation to whether, when or how the women’s game or other leagues might be added to the scope. I want to make it clear that I would like nothing more than the women’s game being viewed as mature enough and financially independent enough to be considered to be included. I said several times during the debates on the independent football regulator in your Lordships’ House that I was not allowed to play football at school; it is of huge regret to me still, but I am delighted that my nieces have that opportunity.

The regulations that we are discussing can be updated to change the scope of the regulator’s remit. The Secretary of State must, in that instance, carry out an assessment of whether it would be appropriate to make changes, including consulting the regulator, the FA and any other stakeholders whom they consider relevant. On the process that the Secretary of State would need to go through, a report on her assessment would need to be laid before Parliament; the Secretary of State can then make regulations, if they so choose. We will continue to monitor the health of the game to ensure that the regime is regulating the right competitions. For this first use of the power, we have chosen, as was outlined during the course of the Bill, the top five leagues of men’s football. This is based on years of work, evidence and consultation, including the independent fan-led review.

The noble Lord, Lord Parkinson, raised a number of concerns, including whether UEFA would have concerns about the independence of the independent regulator. David Kogan has repeatedly assured the Select Committee and given his assurances in recent Times articles. I know that he has spoken to a number of noble Lords from across the House, and they should be assured that he will be, and is truly committed to being, independent.

The noble Lord, Lord Parkinson, revisited a number of issues that were raised during the debate on the UQ in your Lordships’ House yesterday. It was discussed at length in the House only yesterday and in the other place last week. I do not have a lot further to add, beyond reiterating that it is clear that David Kogan is the outstanding candidate for this role. He has a wealth of expertise from the sport and media industries, having worked across a number of high-profile governing bodies, competition organisers and major media corporations. The plight of clubs, including Sheffield Wednesday, shows why the Government were right to establish the IFR, and it is beyond time that we let the IFR get on with the job, with David Kogan as chair.

On the noble Lord’s continued pursuance of the Prime Minister’s role—or lack of a role—in the chair’s appointment, where an appointment is inextricably linked to the Government’s priorities, of course No. 10 is engaged and updated throughout the appointment process. The process here was no different and follows a precedent set by successive Administrations. The Football Governance Act 2025 is explicit that the IFR chair decision is for DCMS Ministers. The PM made it clear in his letter to the independent adviser that he knew the decision was for the Secretary of State to take, and he replied on the basis that this decision was taken. He also made it clear that, in retrospect, it would have been better if he had not been given the note or confirmed he was content with the appointment. The ethics adviser has welcomed the transparency the PM has demonstrated in this.

The regulator is now fully established as an independent body. It is continuing to consult the industry on its rules and work with relevant stakeholders, so that everyone understands the new requirements. For too long, fans have had to suffer seeing their football clubs mismanaged and their views disregarded. This Government are taking decisive action to protect and preserve our national game.

My Lords, I am grateful to the Minister for what she set out. We had 10 minutes yesterday for the Urgent Question; it was not quite the opportunity to set out things at length. I am grateful for the further information she has given. The Secretary of State said, when that Urgent Question was taken in another place, that this was not a prime ministerial appointment. Given that, was she wrong to have written, on the submission sent to her on 19 March, that her

“preferred candidate is Mr Kogan, subject to No. 10 giving the green light”?

I have not taken any part in the appointment process. This matter has been investigated by the Commissioner for Public Appointments. We should let this matter rest and let David Kogan get on with the job.

There has been an investigation by the Commissioner for Public Appointments. The Government announced Mr Kogan and confirmed him as their preferred candidate to be chairman before the commissioner had completed his inquiry or published his report. Does the Minister regret moving with that haste, given that the commissioner has now found that three material breaches of the Governance Code on Public Appointments were committed by her department? I am casting aspersions not on the character of Mr Kogan but on the conduct of DCMS in this appointment. The three material breaches imperil the impression of his independence, which is paramount for the future of the game.

On the question about the green light from No. 10, officials sent questions about the process to the No. 10 appointments teams, but that was not formally sent to the PM for his approval.