Part 13 Other special types of company etc

Chapter 9 Community amateur sports clubs

Basic concepts

660 Meaning of “organised on an amateur basis”
(1) A club is “organised on an amateur basis” for the purposes of section 658 if—
(a) it is non-profit making (see subsections (2) and (3)),
(b) it provides for members and their guests only the ordinary benefits of an amateur sports club (see subsections (4) and (5)), ...
Word in s. 660(1)(b) omitted (1.4.2010) by virtue of Finance Act 2013 (c. 29), Sch. 21 paras. 3(2), 9(2) (with Sch. 21 para. 10); S.I. 2015/674, art. 2
(ba) it does not exceed the limit on paid players (see subsection (5A)), and
S. 660(1)(ba) inserted (1.4.2010) by Finance Act 2013 (c. 29), Sch. 21 paras. 3(2), 9(2) (with Sch. 21 para. 10); S.I. 2015/674, art. 2
(c) its constitution provides for any net assets on its dissolution to be applied for approved sporting or charitable purposes (see subsections (6) and (7)).
(2) A club is “non-profit making” for the purposes of subsection (1) if its constitution —
(a) requires any surplus income or surplus gains to be reinvested in the club, and
(b) does not allow the distribution of any of its assets (in cash or in kind) to members or third parties.
(3) A club is not prevented from being “non-profit making” for those purposes merely because it makes donations to charities or registered clubs.
(4) The following are “the ordinary benefits of an amateur sports club” for the purposes of subsection (1)—
(a) the provision of sporting facilities,
(b) the reasonable provision and maintenance of club-owned sports equipment,
(c) the provision of suitably qualified coaches,
(d) the provision, or reimbursement of the costs, of coaching courses,
(e) the provision of insurance cover,
(f) the provision of medical treatment,
(g) the reimbursement of necessary and reasonable travel or subsistence expenses incurred by players, match officials, coaches, first-aiders and accompanying individuals in connection with away matches,
Words in s. 660(4)(g) substituted (1.4.2015) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Community Amateur Sports Clubs Regulations 2015 (S.I. 2015/725), regs. 1(1), 10(3)(a)
Words in s. 660(4)(g) inserted (1.4.2010) by Finance Act 2013 (c. 29), Sch. 21 paras. 3(3)(a), 9(2) (with Sch. 21 para. 10); S.I. 2015/674, art. 2
Words in s. 660(4)(g) substituted (1.4.2015) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Community Amateur Sports Clubs Regulations 2015 (S.I. 2015/725), regs. 1(1), 10(3)(b)
Words in s. 660(4)(g) substituted (1.4.2010) by Finance Act 2013 (c. 29), Sch. 21 paras. 3(3)(b), 9(2) (with Sch. 21 para. 10); S.I. 2015/674, art. 2
(h) the reasonable provision of post-match refreshments for players and match officials, and
(i) the sale or supply of food or drink as a social benefit which arises incidentally from the sporting purposes of the club.
Words in s. 660(4) substituted (1.4.2015) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Community Amateur Sports Clubs Regulations 2015 (S.I. 2015/725), regs. 1(1), 10(2)
(4A) In subsection (4)(g)—
(a) “subsistence expenses” means expenses on food, drink and temporary living accommodation,
(b) an “accompanying individual” means an individual accompanying a person who—
(i) has a disability for the purposes of the Equality Act 2010, and
(ii) is a player or match official.
S. 660(4A) substituted (1.4.2015) (with effect in accordance with reg. 1(2) of the amending S.I.) by The Community Amateur Sports Clubs Regulations 2015 (S.I. 2015/725), regs. 1(1), 10(4)
(5) A club is not prevented from providing for members and their guests only the ordinary benefits of an amateur sports club for the purposes of subsection (1) merely because—
(a) a member supplies goods or services to the club on an arm's length basis, or
(b) the club employs members of the club on an arm's length basis.
(5A) A club does not exceed the limit on paid players for the purposes of subsection (1) if—
(a) the number of persons paid to play for the club does not at any time exceed the specified maximum,
(b) the number of such persons in any year does not exceed the specified maximum for that year,
(c) the amount paid to any such person in any year in respect of activities undertaken for the club does not exceed the specified maximum for that year, and
(d) the total amount paid to such persons in any year in respect of activities undertaken for the club does not exceed the specified maximum for that year.
“ Specified ” means specified in regulations made by the Treasury.
S. 660(5A)(5B) inserted (1.4.2010) by Finance Act 2013 (c. 29), Sch. 21 paras. 3(5), 9 (with Sch. 21 para. 10); S.I. 2015/674, art. 2
(5B) The Treasury may by regulations make provision supplementing subsection (5A), including—
(a) provision as when a person is, or is not, to be regarded as a person paid to play for a club, and
(b) provision about calculating for the purposes of subsection (5A) the amount paid to such a person.
(6) In relation to any club, the following are “sporting or charitable purposes” for the purposes of subsection (1)—
(a) the purposes of the governing body of an eligible sport for the purposes of which the club existed, for use in related community sport,
(b) the purposes of another registered club, and
(c) the purposes of a charity.
(7) Purposes of a club are “approved” sporting or charitable purposes for the purposes of subsection (1) if they are approved by—
(a) the members of the club in general meeting, or
(b) the members of the club's governing body.
(8) The Treasury may by regulations make further provision as to when a club is “ organised on an amateur basis ” for the purposes of section 658.
S. 660(8)-(11) inserted (1.4.2010) by Finance Act 2013 (c. 29), Sch. 21 paras. 3(6), 9 (with Sch. 21 para. 10); S.I. 2015/674, art. 2
(9) The provision that may be made by regulations under subsection (8) includes—
(a) provision as to the conditions which a club must meet in order to be “ organised on an amateur basis ” for the purposes of section 658;
(b) provision as to what are, or are not, to be regarded as “ ordinary benefits of an amateur sports club ” for the purposes of subsection (1);
(c) provision about persons who are, or are not, to be regarded as guests of a member of a club for the purposes of subsection (1).
(10) Regulations made under subsection (8) may amend this section or make other amendments to this Chapter.
(11) A statutory instrument that contains (whether alone or with other provisions) regulations under subsection (8) that amend this section or make other amendments to this Chapter may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
(12) The provision that may be made by regulations under this section includes—
(a) different provision for different purposes, and
(b) provision having effect in relation to times before the regulations are made.
S. 660(12)(13) inserted (1.4.2010) by Finance Act 2013 (c. 29), Sch. 21 paras. 3(7), 9 (with Sch. 21 para. 10); S.I. 2015/674, art. 2
(13) Section 1171(4) (orders and regulations subject to negative resolution procedure) does not apply to any regulations made under this section if a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the House of Commons.