Governance of Sport Bill (HL Bill 20)

1 Interpretation

In this Act—

• “agency contract” means an oral or written agreement in which an athlete
  authorises a person to negotiate or solicit on behalf of the athlete a
  5professional sports contract or an endorsement contract;

• “aggregation of marginal gains theory” means the idea that each aspect of
  performance should be examined and improved in order to extract
  small advantages which collectively add up to a decisive winning
  margin;

• 10“athlete” means any person who competes at any level in a sport under
  the jurisdiction of a governing body of sport;

• “athletes’ commission” means a committee which represents the interests
  of athletes in order to bring the perspective and expertise of athletes to
  the various initiatives and programmes operated by the relevant
  15governing body of sport;

• “audit committee” means a committee which is responsible for
  monitoring and reviewing the integrity of the processes and
  procedures relating to internal control and reporting of the relevant
  governing body of sport;

• 20“boycott” means the act of abstaining from attending, competing in, or
  otherwise supporting a sporting event as an expression of protest;

• “competition” means a single race, match, game or other athletic contest
  conducted under one or more ruling bodies;

• “endorsement contract” means an agreement under which an athlete is
  25employed or receives consideration for the use by the other party of
  that individual’s person, name, image, or likeness in the promotion of
  any product, service or event;

Governance of Sport BillPage 2

• “entourage” means all the people associated with an athlete, including,
  without limitation, managers, agents, coaches, physical trainers,
  medical staff, scientists, sports organisations, sponsors, lawyers and
  any person promoting or logistically supporting the athlete’s career,
  5including family members;

• “governing body of sport” means any body which receives, directly or
  indirectly, government, local authority or lottery funding and—

  (a)

  serves as the national or regional ruling body for a sport or for
  a sporting event involving one or more sports within the nation
  10or a region,

  (b)

  selects sports teams at a national or regional level,

  (c)

  operates a licensing system at a national or regional level
  authorising the conduct of sporting events, or

  (d)

  exercises disciplinary authority over one or more sports on a
  15national or regional basis;

• “international governing body of sport” means any body which—

  (a)

  serves as an international ruling body for a sport or for a
  sporting event involving one or more sports at an international
  level,

  (b)

  20selects sports teams at an international level,

  (c)

  operates a licensing system at an international level authorising
  the conduct of sporting events, or

  (d)

  exercises disciplinary authority over one or more sports on an
  international basis;

• 25“international sports federation” means an international non-
  governmental organisation administering one or more sports at global
  level;

• “major sporting event” means any sporting event designated as a major
  sporting event by the Secretary of State as he or she thinks fit;

• 30“members’ club” means two or more persons bound together for one or
  more sports-related purposes by mutual undertakings each having
  mutual duties and obligations, in an organisation which has rules
  which identify in whom control of it and its funds rests and on what
  terms and which can be joined or left at will;

• 35“nation” means England, Wales, Scotland or Northern Ireland;

• “performance pathway” means the outline pathway and opportunities
  that a talented athlete can follow in progressing his or her interest,
  experience, knowledge and performance from beginner, to competent,
  to proficient, to expert;

• 40“playing pitch” means a delineated area which, together with any run off
  area, is of 0.2 hectares or more, and which is used for the purposes of
  sport, including, but not limited to, association football, American
  football, rugby, cricket, hockey, lacrosse, rounders, baseball, softball,
  Australian football, Gaelic football, shinty, hurling, polo or cycle polo;

• 45“professional athlete” means any person who competes at a professional
  level in a sport under the jurisdiction of a governing body of sport;

• “professional sports contract” means an agreement under which an
  individual is employed, or agrees to render services, as a player on a
  professional sports team, with a professional sports organisation, or as
  50a professional athlete;

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• “prohibited substance” means any substance which is on the World Anti-
  Doping Agency list of prohibited substances and methods, as updated
  from time to time;

• “region” means any region of England, Wales, Scotland and Northern
  5Ireland or any part thereof;

• “Secretary of State” means the Secretary of State for Culture, Media and
  Sport unless otherwise specified;

• “sporting event” means one or more individual competitions conducted
  together under one or more ruling bodies;

• 10“sporting event-controlling body” means, in relation to a sport, the
  relevant governing body of sport or other body responsible for and
  controlling the organisation and management of a sporting event;

• “sports agent” means an individual or entity who enters into an agency
  contract with an athlete, or directly or indirectly recruits or solicits an
  15athlete to enter into an agency contract, and does not include a spouse,
  parent, sibling, grandparent or guardian of such athlete, any legal
  counsel for purposes other than that of representative agency, or an
  individual acting solely on behalf of a professional sports team or
  professional sports organisation; and

• 20“whole sports plan” means a business plan, covering the next three years,
  outlining the strategies to grow participation, and to promote and
  develop talent, in the sport for which the relevant governing body of
  sport has responsibility.

2 Governance of governing bodies of sport

(1) 25The Secretary of State may make regulations relating to governing bodies of
sport in order to ensure the highest standards of governance, accountability
and transparency in the promotion and development of physical and sports
activities for all.

(2) The Secretary of State may make regulations to require, in licensing or
30approving any sporting event, mandatory conditions relating to such a
sporting event, including in relation to—

(a) subject to section 6, disability access for athletes and spectators;

(b) gender or other discrimination (or both);

(c) safety; and

(d) 35anti-doping provisions.

(3) When determining whether to provide funding support to bids for the hosting
of international sporting events, the Secretary of State shall take into account
the governance of international sports federations.

(4) The Secretary of State shall use all reasonable influence to ensure that all
40sports-related international disciplinary and dispute resolution bodies having
authority over sports in the UK and at any major sporting events hosted in the
UK (including the Court of Arbitration for Sport and the World Anti-Doping
Agency) have appropriate governance rules in place.

(5) In this section “governance” means rules in relation to—

(a) 45an appropriate constitution;

(b) a fair representation by the stakeholder groups;

(c) proper election processes; and

(d) the meeting of modern standards of corporate governance as well as
appropriate governance procedures, including fully constituted
athletes’ commissions and audit committees with financially literate
members and published schedules of benefits and remuneration.

(6) 5For the purposes of subsection (5)(b), the Secretary of State may make
regulations to stipulate which groups should be represented, including
supporters, athletes and other stakeholders, both male and female as well as
able-bodied and disabled.

(7) In this Act, governance does not include specificity of sport and does therefore
10not include—

(a) the specificity of sporting activities and of sporting rules (such as
separate competitions for men and women, differentiation based on
weight, limitations on the number of participants in competitions, or
the need to ensure uncertainty concerning outcomes and to preserve a
15competitive balance between clubs taking part in the same
competition); and

(b) the specificity of the sport structure (including the autonomy and
diversity of sport organisations, an increasingly selective structure of
competitions from grassroots to elite level and organised solidarity
20mechanisms between the different levels and operators, the
organisation of sport on a national basis, and the principle of a single
federation per sport).

3 Obligations imposed on governing bodies of sport

(1) Governing bodies of sport must promote the sport in relation to which they are
25a governing body fairly and appropriately, and not discriminate against, or
restrict access to, the sport, including in relation to gender, disability, sexual
orientation, religion and race in line with the UNESCO MINEPS V Declaration
of Berlin 2013.

(2) The decision of a governing body of sport in the regulation of its sport shall be
30subject to the same standard of review as if the decision were a decision of a
public body susceptible to judicial review in the Administrative Court, which
standard of review may be exercised by an arbitral panel if a valid arbitration
clause is in place.

(3) Where appropriate and taking into account the privacy of athletes, governing
35bodies of sport shall ensure full transparency and accountability to their
members and to the sportsmen and sportswomen they represent.

(4) Governing bodies of sport shall ensure that their executive boards consist of a
balance of representatives of the sport.

(5) Any governing body of sport claiming jurisdiction in the United Kingdom
40shall publish on its website—

(a) detailed financial statements in accordance with the requirements set
down by the Charity Commission and Companies House; and

(b) details of board members’ remuneration, benefits and payments in
kind.

(6) 45Any governing body of sport shall publish annually in full an updated whole
sports plan, such plan to include funded performance pathways for talented
athletes of all ages.

(7) The whole sports plan shall—

(a) also focus on—

(i) the aggregation of marginal gains theory, and

(ii) the extent to which the aggregation of marginal gains theory is
5effectively put into practice within sport; and

(b) if required, put forward recommendations as to the total plan for the
sport and how the benefits of the aggregation of marginal gains theory
could be further maximised within the sport for which the relevant
governing body of sport has responsibility.

(8) 10Any governing body of sport shall, where relevant, adopt best international
practice in dealing with prevention of harm from injuries including
concussions in contact sports.

(9) In particular, the relevant governing bodies of sport shall ensure—

(a) the provision of information and training to all coaches, officials,
15volunteers and athletes, including in relation to—

(i) the nature, risks, signs and symptoms of concussions and
injuries, and

(ii) the risks associated with continuing to play after a concussion
or injury;

(b) 20the removal of any athlete from a game, competition or practice where
that athlete reports or shows any sign or symptom of a concussion; and

(c) that an athlete who has been removed from a game, competition or
practice is not permitted to return to that activity that day and until
cleared by a qualified medical practitioner with experience in the
25management of concussion.

(10) Within the same sport, there is a rebuttable presumption that prize money is
equally split between—

(a) men and women; and

(b) disabled and able-bodied athletes.

(11) 30Should equal prize money not be offered, the relevant governing body of sport
shall give a public explanation as to how the difference is determined.

4 Physical education, sport and physical literacy

(1) The Secretary of State for Education shall lay before both Houses of Parliament
for subsequent debate an annual report entitled “The Transformation of School
35Sport” documenting the state of physical education and sport in schools in
England and Wales and comparing progress to the UNESCO Guidelines on
Quality Physical Education.

(2) In preparing the report referred to in subsection (1), the Secretary of State shall,
in particular—

(a) 40consider the potential benefits and consequences of extending the
school day and taking other steps to ensure that five hours of physical
education including sport and recreational provision per week in all
primary and secondary schools is mandated within the curriculum;

(b) design measures to ensure that head teachers invest funds directly into
45physical education and sport in schools;

(c) consider the development and promotion of official and recognised
links between local sports and physical activity clubs, local authorities
and schools;

(d) evaluate measures taken to—

(i) 5increase the role of age-appropriate forms of competitive sport
through cooperation between schools, local clubs and the
governing bodies of sport for both able-bodied and the
disabled, and

(ii) ensure the delivery of performance pathways in order that all
10sports develop the capacity to identify and promote talent;

(e) review the efficacy of initial training for specialist and primary
classroom physical education teachers in establishing quality physical
education supported by research to improve the effectiveness and
quality of physical education for all age groups; and

(f) 15provide clear guidance to all schools about recording curriculum time,
progression and measures taken to improve the quality and range of
physical education and school sport both within and beyond the
curriculum.

(3) After section 5(5A)(d) of the Education Act 2005 (duty to inspect certain
20schools at prescribed intervals), there is inserted—

“(e) the quantity and quality of physical education, physical activity
and sport provided, both within and beyond the curriculum.”.

(4) All independent schools shall publish annually a report setting out—

(a) policy in relation to sharing of the school’s sports and physical activity
25facilities and coaching or instruction expertise with state primary and
secondary schools in order to benefit the local community; and

(b) effort made in the previous year to implement such policy.

(5) All schools holding charitable status shall submit such report set out in
subsection (4) to the Charity Commission and the Charity Commission shall
30take into account such report in assessing whether the school continues to meet
the “public benefit” requirement in section 2(1)(b) of the Charities Act 2011
(meaning of “charitable purpose”).

5 Sport and public health

(1) The Secretary of State for Health shall lay before both Houses of Parliament for
35subsequent debate an annual report.

(2) A report under subsection (1) shall set out national policy objectives to—

(a) deliver a proactive health agenda through sport, physical activity and
physical recreation;

(b) promote sport and physical activity programmes to tackle obesity and
40enhance healthy lifestyles; and

(c) suggest clear measures to be introduced to increase participation, both
of males and females as well as the able-bodied and the disabled, in
active leisure pursuits.

6 Disability access

45The Secretary of State shall make regulations in relation to the access of
disabled athletes and spectators to sport venues and sporting events as he or

she thinks fit, including in relation to technical specifications, training for
accessibility and events requirements, so as to procure that all venue design
and planning as well as sporting events’ operations satisfy the principles of
equity, dignity and functionality as further specified in “Accessibility Guide -
5An Inclusive Approach to the Olympic & Paralympic Games”, issued by the
International Paralympic Committee in June 2013.

7 Safety for cyclists

(1) The Secretary of State for Transport shall—

(a) carry out a national audit of cycling in order to ascertain—

(i) 10the number of people who cycle in the United Kingdom and
how regularly, and

(ii) the major causes of injury or death to cyclists; and

(b) make regulations to promote the safety of cyclists.

(2) In particular, the regulations referred to in subsection (1)(b) shall—

(a) 15require lorries entering city centres to be fitted with sensors, audible
turning alarms, extra mirrors and safety bars in order to prevent
cyclists from being thrown under the wheels of the vehicle;

(b) put in place a system for identifying dangerous road junctions and—

(i) redesigning them, or

(ii) 20fitting them with priority traffic lights for cyclists and mirrors
that allow lorry drivers to see cyclists on their near-side;

(c) require that two per cent of the Highways Agency budget be
earmarked for next generation cycle routes;

(d) provide a means for cities to be graded annually with regards to the
25quality of cycling provision within such city;

(e) promote improved training for cyclists and drivers, including making
cycle safety a core part of the driving test;

(f) amend the default speed limit to 20 miles per hour in residential areas
where cycle lanes are not provided;

(g) 30set out a procedure inviting businesses to sponsor cycleways and
cycling super-highways; and

(h) oblige every city, including those without an elected mayor, to appoint
a cycling commissioner who shall ensure cycling reforms within such
city, including delivering measurable targets for boosting cycling,
35ensuring cycling networks for commuters and auditing road projects in
order that they be “cycle-proofed”.

(3)
The Secretary of State for Transport shall also make regulations to provide that
the needs and safety of cyclists and pedestrians are taken into account when an
improvement or change to roads or highways is contemplated.

8 40Protection of playing fields

(1) The Secretary of State shall make regulations to provide that—

(a) the provision of sports facilities are enhanced and adequately protected
from being lost to development with a presumption in favour of
maintenance of the status quo in the absence of compelling evidence to
45support the loss of facilities; and

(b) such sports facilities as required to meet the sport and recreational
needs of both current and future generations are secured.

(2) In relation to England, the regulations referred to in subsection (1) shall—

(a) aim to ensure that the national planning policy framework does not
emasculate the policy protections for open space found in provisions of
the previous planning policy guidance in relation to open space, sport
5and recreation;

(b) nominate Sport 2022 (referred to in section 14) as the relevant body to
review planning applications relating to areas that have been used as
playing fields in the past and which encompass at least one playing
pitch;

(c) 10introduce rules such that planning applications made by a local
authority for development of its own land are not decided by that local
authority;

(d) make Fields in Trust a statutory consultee in relation to any planning
application affecting children’s play areas and other non-sporting
15recreation spaces and ensure that clear criteria are established to
govern when such development should be resisted;

(e) extend the School Premises Regulations and section 77 of the School
Standards and Framework Act 1988 (control of disposals or changes in
use of school playing fields) so that they apply to academies, free
20schools, and any other schools maintained directly by central
government;

(f) limit the ability for—

(i) local authorities to introduce charges for children’s play
facilities that have been previously free at the point of delivery
25in public open spaces, and

(ii) public authorities and others to introduce charges for sport and
leisure facilities which are not affordable in public parks and
other open spaces; and

(g) introduce measures to promote greater use by the community of school
30playing fields and facilities.

(3) In relation to Scotland, the regulations referred to in subsection (1) shall—

(a) strengthen the national planning guidelines to better protect outdoor
spaces for sport, recreation and play;

(b) promote public access to all school sports facilities in Scotland at a cost
35that is affordable;

(c) introduce a statutory consultation process for proposed developments
on all outdoor recreational and play spaces; and

(d) set out a procedure for the introduction of a children’s play strategy.

(4) In relation to Wales, the regulations referred to in subsection (1) shall—

(a) 40implement the Playing Fields (Community Involvement in Disposal
Decisions) (Wales) Measure 2010;

(b) strengthen the rules governing the sale of school playing fields so that
educational consent, as well as planning permission, is necessary;

(c) implement the Children and Families (Wales) Measure 2010 and
45specifically the local authority duty to secure sufficient play
opportunities in its area for children;

(d)
widen the statutory consultation process to include all recreational
open space and not just playing fields;

(e) oblige local authorities to conduct open space assessments which shall
50feed into a database of all playing fields in Wales; and

(f) promote the adequate funding of local authority departments
responsible for recreational open spaces.

(5) The Secretary of State shall—

(a) investigate the need for legislation to support and clarify matters
5relating to the protection of playing fields, sports facilities and open
space generally through contractual obligations, specifically to include
the playing fields already protected by Fields in Trust as King George’s
Fields and through other grant aid programmes; and

(b) lay before both Houses of Parliament a strategy for outdoor spaces for
10sport, recreation and play.

9 Match-fixing, bribery and corruption

(1) In section 42 of the Gambling Act 2005 (cheating)—

(a) after subsection (3) insert—

“(3A) Without prejudice to the generality of subsection (1), cheating at
15gambling may, in particular, consist of—

(a) a person engaging in conduct that corrupts or would
corrupt a betting outcome of an event or event
contingency—

(i) knowing that, or being reckless as to whether,
20the conduct corrupts or would corrupt a betting
outcome of the event or the event contingency,
and

(ii) intending to obtain a financial advantage, or to
cause a financial disadvantage, in connection
25with any betting on the event or the event
contingency (whether or not a financial
advantage was actually obtained or a financial
disadvantage was actually caused);

(b) a person offering to engage in, or encouraging another
30person to engage in, conduct that corrupts or would
corrupt a betting outcome of an event or event
contingency—

(i) knowing that, or being reckless as to whether,
the conduct corrupts or would corrupt a betting
35outcome of the event or event contingency, and

(ii)
intending to obtain a financial advantage, or to
cause a financial disadvantage, in connection
with any betting on the event or the event
contingency (whether or not a financial
40advantage was actually obtained or a financial
disadvantage was actually caused);

(c) a person entering into an agreement or arrangement in
respect of conduct that corrupts or would corrupt a
betting outcome of an event or event contingency—

(i) 45knowing that, or being reckless as to whether,
the conduct the subject of the agreement or
arrangement corrupts or would corrupt a betting
outcome of the event or event contingency, and

(ii)
intending to obtain a financial advantage, or to
50cause a financial disadvantage, in connection