Governance of Sport Bill (HL Bill 20)

21 Compensation for sports clubs with national team players

The Secretary of State shall make regulations—

(a) to procure that where rules impose a mandatory duty on sports clubs
to release athletes to play in national sports teams—

(i) 5such national sports teams shall carry appropriate insurance
against injury for the benefit of the sports club and the athlete
and compensate the sports club for loss of the athlete whilst
playing for such national sports team, and

(ii) lottery funding will be made available to national sports teams
10in demonstrable need in order to meet their obligations under
sub-paragraph (i); and

(b) to create an offence as he or she thinks appropriate if a national sports
team contravenes regulations under this section.

22 Regulation of sports agents

(1) 15Any person acting as a sports agent shall—

(a) in advance of entering into an agency contract with an athlete, disclose
to that athlete the full remuneration and any benefits that such sports
agent shall or may receive or be entitled to in connection with entering
into an agency contract with that athlete;

(b) 20produce an annual report to the athlete setting out the actual
remuneration and benefits received by way of, or in connection with,
acting as sports agent for that athlete; and

(c) disclose to the athlete any conflicts of interest existing prior to entry
into an agency contract with that athlete and any conflicts of interest
25that come into being after entry into an agency contract with that
athlete.

(2) Without prejudice to any claim for misrepresentation that an athlete may
otherwise have, an athlete shall have a right to terminate an agency contract
with a sports agent for breach of the rules set out in subsection (1).

(3) 30The Secretary of State may make regulations—

(a) to control the conduct of sports agents; and

(b) to create an offence as he or she thinks appropriate where a person or
entity contravenes any regulations made under this section.

(4) Regulations under subsection (3)(a) may provide, without prejudice to its
35generality, that the following be imposed in relation to sports agents—

(a) licensing requirements; and

(b) one or more qualification systems.

23 Ticket touting

The Secretary of State may make regulations to amend section 166 of the
40Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised
persons) to include reference to one or more additional sports where he or she
considers that there are justifiable grounds for doing so, having taken into
account the need for a free market in tickets, and in such manner as he or she
considers appropriate.

24 Ability of athletes under the age of 18 to enter legally binding contracts

(1) Athletes between the ages of 14 and 18 shall have the ability to enter into legally
binding professional sports contracts with sports clubs provided that the
conditions set out in this section are met.

(2) 5The conditions under this section are such conditions as shall be set by the
Secretary of State by regulation.

(3) In particular, such conditions shall include—

(a) that the athlete has received legal advice in relation to the matter;

(b) provisions to ensure that any such contract is not unduly onerous,
10including in relation to both substantive obligations and duration; and

(c) that such contract is countersigned by a parent or guardian.

(4) In the event that a professional sports contract entered into under subsection
(1) is breached by the athlete whilst under the age of 18, any third party guilty
of inducing the athlete to breach such contract shall be liable as if that third
15party was a party to that contract.

25 Television broadcasting of sporting events

The Secretary of State shall—

(a) conduct a review, including consultation with broadcasters, governing
bodies of sport, holders of concerned sports or other rights and other
20interested parties, as to whether the list of sporting or other events of
national interest currently drawn up for the purposes of Part IV of the
Broadcasting Act 1996 should be amended or revoked; and

(b) following the review in paragraph (a), if appropriate, amend or revoke
the list currently drawn up for the purposes of Part IV of the
25Broadcasting Act 1996 (sporting and other events of national interest)
as he or she thinks fit.

26 Regulations: supplementary

(1) Regulations under sections 2, 6, 7, 8, 9, 13, 14, 17, 18, 21, 22, 23 and 24 of this
Act—

(a) 30are to be made by statutory instrument;

(b) shall be subject to the negative resolution procedure;

(c) may make provision which applies generally (whether or not subject to
exceptions) or in relation only to specified cases or descriptions of case;

(d) may make different provision for different cases or descriptions of case
35(including different provision for different areas); and

(e) may make incidental, supplementary, consequential, transitory or
saving provision.

(2)
Regulations under section 11—

(a) may, to a specified extent or for specified purposes, disapply or modify
40specified enactments relating to planning or the control of advertising;

(b) may apply (with or without modifications) or make provision similar
to any enactment (including, but not limited to, provisions of Chapter
III of Part VIII of the Town and Country Planning Act 1990 (c. 8)1990 (c. 8)
(control of advertising) and regulations under that Chapter);

(c) may provide for exceptions which may be expressed by reference to the
nature of advertising, its purpose, the circumstances of its display or
any other matter (which may include the consent of a specified person);

(d) may make provision for application, with any specified modifications
5or exceptions, to the Crown;

(e) may make provision which applies generally or only for specified
purposes or in specified circumstances;

(f) may make different provision for different purposes or circumstances;

(g) may apply in relation to advertising whether or not it consists of the
10result or continuation of activity carried out before the regulations
come into force;

(h) shall be made by statutory instrument; and

(i) are subject to the negative resolution procedure.

(3) Before making regulations under section 11, the Secretary of State shall
15consult—

(a) such authorities, with responsibilities for planning in respect of places
to which the regulations apply or may apply, as he or she thinks
appropriate;

(b) one or more persons who appear to the Secretary of State to represent
20interests within the advertising industry which are likely to be affected
by the regulations; and

(c) such other persons, who appear to the Secretary of State to represent
interests likely to be affected by the regulations, as he or she thinks
appropriate.

(4) 25Regulations under section 12—

(a) may, to a specified extent or for specified purposes, disapply or modify
specified enactments relating to trading (which may include
enactments conferring rights to conduct a fair or market);

(b) may apply (with or without modifications) or make provision similar
30to any enactment (which may include provision conferring a right of
appeal in respect of the refusal of an authorisation);

(c) may provide for exceptions which may be expressed by reference to the
nature of trading, its circumstances, the application of profits or any
other matter (which may include the consent of a specified person);

(d) 35may make provision which applies generally or only for specified
purposes or in specified circumstances;

(e) may make different provision for different purposes or circumstances;

(f) shall be made by statutory instrument; and

(g) are subject to the negative resolution procedure.

(5) 40Before making regulations under section 12, the Secretary of State shall
consult—

(a) such authorities, with responsibilities for the licensing of trading in
respect of places to which the regulations apply or may apply, as he or
she thinks appropriate; and

(b) 45such persons, who appear to the Secretary of State to represent interests
likely to be affected by the regulations, as he or she thinks appropriate.

(6) Regulations under section 12 shall have effect despite any licence granted
(whether before or after the commencement of the regulations)—

(a) by any landowner, local authority or other person; or

(b) 50

by or by virtue of any enactment, Charter or other document.

(7) To the extent that regulations under this Act conflict with the rules of a
governing body of sport, the regulations shall prevail and the governing body
of sport shall amend its rules accordingly without undue delay.

(8) 5To the extent that regulations under this Act conflict with the rules of an
international governing body of sport, the regulations shall prevail.

(9) In section 12 and subsections (5) and (6) of this section “licence” includes any
kind of consent, certificate, permission or authority (by whatever name).

27 Extent, commencement and short title

(1) 10Subject to subsections (2) and (3), this Act extends to England, Wales, Scotland
and Northern Ireland.

(2) Section 8 of this Act applies to England, Wales and Scotland.

(3) Sections 4 and 5 of this Act apply to England and Wales.

(4) This Act comes into force on the day on which it is passed.

(5) 15This Act may be cited as the Governance of Sport Act 2014.