Written evidence submitted by The Football
Association (The FA)
SUMMARY
— English
football has evolved as primarily based on a market-orientated
model incorporating football specific regulations intended to
balance appropriately the interests of supporters, clubs and competitions
whilst allowing the opportunity for clubs to invest in potential
playing success. Professional clubs are unique from other commercial
organisations in the sense that the implications of their failure
(on supporters, their communities and their competitions) are
considerable and require mitigation.
— The
current governance structures of the game are based on a regulatory
model of subsidiarity. The Football Association[1]
(The FA) works in cooperation with the delegated authorities of
the Premier League and the Football League on rules designed to
uphold the integrity of competitions and protect the interests
of supporters and players alike. The FA would acknowledge that
there is an important and continuous challenge to be faced in
terms of the speed in which rule changes are made and the manner
in which they are openly communicated.
— The
FA considers that the aggregate level of debt in the professional
game is of less relevance than the ability of individual professional
clubs being able to service their debt through their own business
models. The annual rise in debt and equity financing in many clubs
in the pyramid highlights an underlying issue of the sustainability
of this business model. The FA and both the Premier League and
Football League have been working collectively to ensure that
the sustainability of club finances is reviewed and protected
and the recently introduced rule changes reflect this work.
— The
FA supports the ability of Supporter Trusts to be able to hold
shares and to own professional clubs, but would not endorse any
form of arbitrary mandating of this practice. It is The FA's belief
that this model is of much greater potential lower down the professional
and semi-professional game structure where the financial barriers
to entry are lower and where the scope for a Trust to engage directly
with the local community is greater. As such it would look to
work with the Leagues to ensure there are no existing barriers
in place to Trust ownership, and furthermore urge the Government
to consider what incentives could be identified in the fiscal
regime. The FA would also support new initiatives to encourage
best practice reporting between club owners and supporters as
a means to better information sharing.
— Whilst
The FA recognises the vital role Government plays in the development
of sports policy and in the encouragement of sport to deliver
a positive social impact, it does not believe that Government
would be justified in directly intervening in the running of English
football.
— The
FA recognises that it is important to learn from the best practice
governance arrangements both across football and wider across
other sporting bodies. However, it also notes that the unique
nature of English football and its evolution makes replication
as opposed to benchmarking more difficult. It is three years since
The FA last reviewed its own governance structures and as such
there is currently an internal review underway which will include
benchmarking of other sports bodies and the UK Corporate Governance
Code (formerly the Combined Code). This review was commissioned
by The FA Board in December 2010 and will report to the newly-appointed
FA Chairman. The Committee will be kept up to date on the process
of this review.
— A series
of supplementary documents are attached to this submission in
appendix form. If the Committee requires any further information
it should contact The FA Group, Head of Public Affairs, Robert
Sullivan at robert.sullivan@thefa.com.
Should football clubs in the UK be treated differently
from other commercial organisations?
1. The model of football club ownership in England
has long been established as one based on benefactor investment.
Investment into clubs from individual, corporate, cooperative
or organisational benefactors provides support to the day to day
football related revenue generation of the club. Like any other
commercial organisation, clubs seek to balance these income sources
with the costs of successfully operating, and accordingly have
to make investment and expenditure decisions based on the associated
levels of financial risk. This market-orientated approach is applicable
at all levels of the professional game. Professional clubs, like
all commercial organisations operating in the UK are subject to
UK Company Law which seeks to maximise the opportunity to generate
revenue and attract investment whilst at the same time mitigating
against the risks and consequences of financial failure.
2. However, The FA believes that although professional
clubs operate within this broad commercial framework they are
different to other commercial organisations and therefore requir
an additional (limited but unique) regulatory approach. Specifically
professional football requires unique regulation due to the impact
and consequences of the financial failure of clubs. These include:
— Should
a club be forced out of business and cease to operate, its supporters
(unlike consumers in another market) find it more difficult to
transfer their support.
— The
identity of football clubs to their location and communities makes
them a unique part of the social fabric and enhances the importance
of their continuing existence.
— The
fact that football clubs take part in competitions which require
the fulfilment of fixtures to uphold their integrity means that
the failure of one club has a direct impact on all the other clubs
within the same competition.
3. Therefore, where football clubs are regulated
differently from other commercial organisations, it is to ensure
that the interests of supporters, the long-term sustainability
of all football clubs and the integrity of football competitions
can be protected.[2]
4. In addition, The FA would also note that the
predominantly market-orientated nature of English football requires
discretion in the identification and implementation of regulation
according to the stature of individual clubs. Professional clubs
at the top of the Premier League are global, commercial operations
with worldwide fan bases, whereas clubs within the semi-professional
structure are more community-centric in their operations. Whilst
the principles of how both these types of club are regulated are,
and should be, consistent, it is important that they are applied
with respect to these very differing circumstances.
Are football governance rules in England and Wales,[3]
and the governing bodies which set and apply them, fit for purpose?
5. The FA acknowledges its responsibility to
ensure that the rules governing English football, both on and
off the field are fit for purpose in terms of their protection
of supporters, players, the clubs and the competitions in which
they play. This is a significant challenge due to the rapid evolution
of the game on and off the field and the impact of globalisation
and it requires the cooperation and partnership of all the football
authorities.
6. The regulation of football is based on a model
of subsidiarity. FIFA, the world governing body of football, set
out a series of "Rules/Laws" relating to the game to
which all association football must adhere. The FA is the delegated
body by which these Rules/Laws are implemented in the English
game. In turn The FA itself sets out a series of rules and regulations
to cover both the playing and administration of the game at every
level from Premier League to grassroots football (FA Rules). In
order for any club or competition to be sanctioned to participate
in English football they must comply with these FA Rules. Furthermore,
The FA delegates authority for the rules pertaining to the running
of competitions to competition authorities, such as the Premier
League and The Football League. Each League works with its clubs
to agree the "rules of its competition" which are then
submitted for approval to The FA on an annual basis.
7. The FA's Executive team (led by the General
Secretary) work with their colleagues at both the Premier League
and Football League to ensure that The FA Rules that govern professional
football are kept appropriate and up to date. As a consequence
of this approach over recent years many changes have been made
to the rule books of The FA and the leagues.[4]
8. The FA endorses this process of self-regulation
for its effectiveness in introducing changes to the game with
the support and buy-in from its key decision makers. Furthermore
it allows for flexibility across the differing levels of the game
where standardisation may not be appropriate but encourages uniformity
where it is possible. The FA provides the oversight function to
this process.
9. Central to the role of The FA in developing,
implementing and reviewing The FA Rules is the Football Regulatory
Authority (FRA). The FRA as a committee of The FA has a delegated
authority from The FA Council to administer and exercise various
powers and functions relating to the FA Rules including the following:
— Formulating,
proposing amendments to and publishing the Rules or any other
relevant rule or regulation of the Association and any changes
to them from time to time.
— Monitoring
compliance with and detecting breaches or possible breaches of
the Rules, the Laws of the Game, the statutes and regulations
of FIFA and UEFA, the rules and regulations of each affiliated
association and competition or any other rule or regulation of
The FA or offences of possible offences under any of them.
— Being
responsible for disciplinary matters (save for those reserved
by Council/Committees/ Regulatory Commissions/Appeal Boards) including
taking appropriate measures to detect, enquire into, investigate
and prosecute breaches or possible breaches of relevant rules
etc.
10. To ensure a balanced representation across
the game, the FRA is made up of twelve Commissioners, four from
each of the professional and national games, and four independent
representatives who bring a variety of different experience and
expertise.
11. The FA would note that one of the biggest
challenges facing the football authorities particularly in recent
years has been the ability to openly communicate the many rule
changes to the public and media. Meeting this challenge is important
in helping to avoid false perceptions developing amongst supporters
and commentators. For example, recent enhancements to the financial
regulation of the game developed and agreed by the Leagues and
The FA have not filtered into the public consciousness. This inquiry
may prove beneficial in this regard.
12. Furthermore The FA would also acknowledge
that there will always be disagreement about the pace and scope
of rule change in responding to the changing demands of the game.
Traditionally English football's approach has been to be reactive,
pragmatically responding to incidents once their full implications
are clear. It is reasonable to consider in the future whether
a greater balance between this approach, and a more proactive
oversight approach that maintains the coordinated control of the
game within the principles of consensual self-regulation could
be achieved.
Is there too much debt in the professional game?
13. As outlined, the predominantly market-orientated
model of English football has traditionally relied on the private
investment of individual and corporate benefactors. External capital
injections into clubs are a long-standing part of the game at
all levels; they are used to develop playing potential, improve
facilities and in turn generate returns from increased football
related revenue. The funding of external capital investment into
clubs can be benefactor or debt supported, and the trend to the
latter in recent years has mirrored the trends of other commercial
markets.
14. It is the belief of The FA that the aggregate
level of debt funding in itself is not necessarily a problem that
needs addressing. However, it is the view of The FA that any funding
of clubs reliant on "non-football generated" income
should not be tied to undue financial risk which may have consequences
not just for the financial stability of the club but for the integrity
of the competitions as well. Therefore the ability for individual
clubs to service their debts, and openly demonstrate their ability
to do so on a regular basis, is central to the current regulatory
approach.
15. As such all the football authorities have
moved to ensure that Premier League and Championship clubs can
demonstrate that they do not have outstanding debts to other clubs
on an annual basis, and that they are no more than three months
in arrears with their HMRC requirements. Furthermore clubs are
now required to provide "future financial information"
to their relevant competition authority on an annual basis to
ensure that they have a credible financial plan to allow them
to complete their fixtures in a season. This is part of a coordinated
approach that seeks to ensure that all debt is serviceable within
a sensible regime.
16. The FA also welcomes the UEFA Financial Fair
Play initiative to which it was a key contributor. Financial Fair
Play will set a framework for balancing football expenditure with
football revenue over time for clubs competing in European competition.
The FA endorses this principle subject to an allowance for initial
capital investment when appropriate that can help maintain the
opportunity for new investment to enter the game, and looks forward
to working with UEFA and the Premier League in implementing the
required rules.
What are the pros and cons of the Supporter Trust
share holding model?
17. The FA believes that the ownership of football
clubs should be open to all and any individual or organisation
under any model that is legal and approved by the relevant competition
authorities as per the sanctioned rules of the game.
18. The FA for many years has been a significant
investor in the supporter representation movement, providing financial
support to not only Supporters Direct and the Football Supporters
Federation, but also the National Association of Disabled Supporters
and the Gay Football Supporters Network. The Football Supporters
Federation is represented on The FA Council.
19. The FA strongly supports the view that Supporter
Trusts definitely have a role to play within the game and there
are many examples where they have been and continue to be successful.
However every football club is unique. There are no uniform circumstances
from which a football club can construct its financial position
to enable a Supporter Trust Share holding model and hence we would
caution against pursuing its imposition in any arbitrary manner.
20. It should be noted that several Trusts have
played a significant part in raising funds for clubs (particularly
those lower down the leagues) when they have been in financial
difficulty, and it is this challenge (the ability to access and
coordinate investment funds) that most inhibits the wider adoption
of the trust shareholding model. By the nature of the financial
requirements involved it is clear that the model may prove to
be more suited to those clubs further down the pyramid of professional
and semi-professional football where the scope for a Trust to
engage directly with the local community is greater.
21. We would also note that a Supporter Trust
is no guarantee of long-term financial stability. Many of the
difficulties faced in running a struggling football club are particularly
challenging for whoever takes control. Furthermore, in order to
develop and progress up the leagues a club needs to raise capital
and Supporter Trusts, like any other owner, have to equate the
risks of attracting external investment to spend on the club with
giving up whole or part control of the club itself.
22. The FA commits to working with both the Premier
League and Football League to ensure that there is nothing in
the existing rule books that creates an additional barrier to
entry to supporter trust ownership. Furthermore we would urge
the Committee to consider ways in which the current fiscal regime
might be altered to help incentivise Supporter Trust Shareholding.
23. Rather than the issue of "shareholding"
The FA would highlight to the Committee the importance of improving
communication and information sharing between supporters and clubs.
The majority of professional clubs are exemplary at the way in
which they communicate and involve their fan bases'; it is a core
principle to them and rightly their fans demand it of them. The
FA strongly endorses this best practice and will continue to work
with the Leagues and Clubs to assess whether these practices require
formalising. For instance UEFA, as part of their licensing requirements,
will ensure each club that plays in UEFA competitions from 2012-13
will be required to have a Supporters Liaison Officer as a go
between with supporters. This is a proposal we will support whilst
looking at other potential reporting/engagement requirements between
clubs and their supporters.
Is Government intervention justified and, if so,
what form should it take?
24. English football has over the last 150 years
become an inherent element of our nation's social fabric. Its
key events punctuate our calendar and its highs and lows provide
a steady back-drop to our daily lives. Moreover, in more recent
times it has become of great economic significance to the nation,
employing thousands of individuals and generating an annual income
of over £1 billion into the Exchequer. English football does
not expect to fulfil such an important social and economic role
in isolation from elected representatives and The Government.
25. The FA very much welcomes the views of Government
(and all politicians) and considers them an important stakeholder
in helping us to ensure the ongoing good governance of the game.
Indeed The FA believes that there is a mutually beneficial role
to be enjoyed between football and politicians of all Parties.
Increasingly policymakers have recognised the value and impact
sport can have in helping to achieve wider social policy objectives.
The FA is particularly proud of its work in communities, with
disadvantaged groups and helping to increase participation in
sport and much of this work has been achieved in partnership with
Government and its funding body Sport England. This partnership
involves regular review and open and "honest" discussion
on a range of issues which we value.
26. However, The FA believes that there is no
justification for direct intervention by Government into the running
of English football. It is unclear on what basis such intervention
might be justified as the externalities that are traditionally
cited in cases of direct market intervention are not applicable.
Furthermore, we would ask the Committee to note the examples of
other football nations where "direct intervention" has
resulted in restrictions being placed on international team participation
by FIFA.
Are there lessons to be learned from football
governance models across the UK and abroad, and from governance
models in other sports?
27. Whilst English football has developed a unique
model over time, it would be wrong to not recognise where lessons
might be learnt from other football or sports governing models.
However, every model is different due to the unique circumstances
in which they have developed, and whilst some best practice may
be transferable many aspects may not be. Indeed The FA would highlight
its own role in providing best practice support on a range of
football governance and administration issues for a number of
developing football governing bodies across the globe as an example
of adopting and applying best practice as opposed to seeking to
replicate arbitrarily.
28. The FA is currently undertaking an internal
review of its own governance arrangements. This review was commissioned
by The FA Board in December 2010 and will report to The FA's new
Chairman on the commencement of his post on 1 February 2011. Specifically
this review will consider sports and other relevant industry benchmarking
and also review the latest recommendations in the combined code.
It is three years since The FA's last governance amendments and
it believes it is good practice to review these arrangements again.
Any recommendations made will be consulted upon across the game
prior to implementation, and The FA will ensure that the Committee
is kept informed of the review's progress.
Appendices to The Football Association
written evidence to the Culture, Media and Sport Select Committee
Inquiry into Football Governance, January 2011
1. INTRODUCTION
TO THE
FOOTBALL ASSOCIATION
The Football Association (The FA) is the governing
body for football in England. It takes the lead in providing a
framework for English football and is responsible for regulating,
promoting and developing the game at every level, both on and
off the field. The FA is committed to making football accessible,
enjoyable and safe for everyone, regardless of race, religion,
gender, sexuality, background or ability, and is also responsible
for governing the game in areas such as disciplinary, compliance,
refereeing, agents, financial matters and doping control.
The FA is a not-for-profit organisation that by generating
revenue from the England team, Wembley Stadium and The FA Cup
is able to invest over £40 million per annum into grassroots
football development in England. This money is invested through
the tireless work of the 50 County Football Associations, The
FA's executive and its partner The Football Foundation. In addition
The FA distributes a further £40 million per annum into the
professional game through distributions and payments from The
FA Cup and other competitions. In 2008 The FA published its vision
for the period through to 2012 which set out what it hoped to
achieve during that period. Some of our key responsibilities are
listed below:
Our National Game
Every month nearly seven million people play some
form of the game including 3.9 million children. There are 131,000
FA-affiliated teams playing in over 1,200 leagues with over 400,000
volunteers helping the game run smoothly. As football's national
governing body, The FA aims to ensure that everyone can have the
chance to be actively involved in football in a safe, positive,
high quality environment where they are given the appropriate
support to be the best they can. In 2008 The FA launched its National
Game Strategy, which set a series of challenging targets for the
development of the grassroots game. The first two years have seen
significant progress in meeting these challenges with increases
in the number of female senior and youth teams, significant growth
in disability football, the reversal of the decline in 11v11 men's
teams and good progress with the Respect Programme.
Club England
Club England was created to develop a stronger and
more consistent approach across all of England's 24 representative
teams including men's, women's, and youth and disability sides.
It helps to create the atmosphere that leads to success at major
tournaments, and has seen recent success with the England men's
U17 team winning the UEFA European Championships in May 2010.
In 2011 alone Club England will field England teams in at least
five international tournaments including the FIFA Women's World
Cup, the UEFA men's U21 Championships and the men's FIFA U20 World
Cup.
Football Development
The FA is committed to ensuring that the game is
accessible to all and that we provide the atmosphere, environment
and opportunity for all teams to be successful at all levels.
In order to ensure this it essential that we provide both high
quality coaching and specialist training at all levels. Our FA
Tesco Skills programme has seen over two million children receive
specialist coaching focusing on the technical aspects of the game.
Our National Game Strategy has highlighted a growing base of coaches
and the creation of our National Football Centre, St George's
Park will help to develop high quality coaches who will be able
to deliver specialist coaching at all levels. The FA Board also
recently accepted the 25 recommendations of our review into Youth
Development that represent a cultural shift designed to develop
future generations of the highest quality young English players.
International Game
The FA plays a part in formulating the Laws of the
Game through its place on the International Football Association
Board which has eight members (one from each of the Home Nations
and four from FIFA). We currently have a representative on the
UEFA and FIFA Executive Committees (the latter as a British representative
and which expires this summer). We also have representatives on
a number of FIFA and UEFA Committees. In order to help further
with the part we have to play in the international game we have
supported charities and the global football family to promote
football as well as to use football for social good such as access
to education and to tackle key health issues.
2. AN OVERVIEW
OF THE
RULES AND
REGULATIONS THAT
APPLY TO
ENGLISH FOOTBALL
CLUBS
FIFA
Summary of Laws and Regulations 2010-11
Scope: Worldwide
Laws
— Laws of the Game 2010/2011
Transfers, Player's status, Clubs, Agents Regulations
— Regulations on the Status and Transfer
of Players—2010
These regulations lay down
global and binding rules concerning the status of players, their
eligibility to participate in organised football, and their transfer
between clubs belonging to different associations.
— Rules Governing the Procedures of the
Players' Status Committee and the Dispute Resolution Chamber (DRC)
(2010)
Rules adopted in relation
to the procedures to be adopted by FIFA to deal with disputes
arising from the Regulations on the Status and Transfer of Players
Regulations.
— Rules Governing the Procedures of the
Players' Status Committee and the Dispute Resolution Chamber (DRC)
(2008)
— Regulations on the Status and Transfers
of players (October 2009)
— Commentary on the Regulations for the
Status and Transfer of Players
— Players' Agents Regulations (2008)
Regulations
— FIFA Code of Ethics
— FIFA Disciplinary Code
Archived regulations
— FIFA Statutes (edition 2008)
— Regulations for the Status and Transfer
of Players (2008)
— Players' Agents Regulations (2001)
— Rules Governing the Procedures of the
Players' Status Committee and the Dispute Resolution Chamber (DRC)
(2005)
— Regulations for the Status and Transfer
of Players (edition July 2005)
UEFA
Summary of Regulations
Scope: those clubs that play in UEFA's club competitions
UEFA Competitions (Champions League and Europa League)
— Competition admission and integrity criteria
— Operation of the competitions
— Stadium and match organisation
— Player eligibility
— Kit requirements
— Disciplinary law and procedures
— Financial provisions
— Commercial and intellectual property
rights
UEFA Club Licensing and Financial Fair Play Regulations,
2010 edition
— Criteria to be met by a club to be granted
a licence to play in UEFA's competitions under the headings sporting,
infrastructure, personnel and administrative, legal and financial.
— The monitoring of clubs' finances during
the course of UEFA's competitions including the evidencing of
the payment of debts, provision of future financial information
and, from 2013, that clubs meet defined breakeven requirements.
UEFA Disciplinary Regulations, 2008 edition
— These regulations contain the substantive
and formal provisions for the sanctioning of disciplinary offences
by UEFA for matters subject to their jurisdiction. They describe
the infringements, regulate the application of penalties and govern
the organisation and action of the disciplinary bodies and the
procedure to be followed.
UEFA Stadium Infrastructure Regulations, 2010 edition
— That sets out the minimum stadium requirements
for the playing of matches in UEFA's competitions.
UEFA Safety and Security Regulations, 2006 edition
— Regulations that govern the organisational
measures intended to ensure safety and security in and around
the stadium before, during and after every match played in a UEFA
competition.
UEFA Kit Regulations, 2008 edition
— Provisions in relation to the use of
kit by clubs playing in UEFA competitions.
FA RULES 2010-11
Summary of Rules
Note: Numbers in brackets state the number of rules
in each section. Each rule may be subdivided.
Scope: clubs in England
| A | Constitution and administration of The Association (7)
|
| Provisions in relation to:
|
| — | Structure and Definitions
|
| — | Affiliation of clubs including eligibility, cessation and transfer of membership
|
| — | Powers of The Association
|
| | |
| B | Sanctioning of Associations, Competitions and Matches (9)
|
| Provisions in relation to:
|
| — | the sanctioning of competitions in which clubs participate
|
| — | the sanctioning of matches
|
| — | football and religious observance
|
| — | the proceeds of matches
|
| — | defining the playing season
|
| | |
| C | Rules relating to players (4)
|
| Provisions in relation to:
|
| — | players with written contracts including age, financial arrangements and standard players' contracts
|
| — | the registration and transfer of players
|
| — | players without written contracts
|
| — | the offer of scholarships to young players
|
| — | players under 16 years of age
|
| | |
| D | International and Other Representative Matches and Call-Ups (4)
|
| Provisions in relation to the call up of players for international and representative matches
|
| | |
| E | Conduct (26)
|
| Provisions in relation to:
|
| — | misconduct of a breach of rules and regulations including those of the laws of the game, The FA, UEFA and FIFA
|
| — | the general behaviour of those involved in the game, discrimination, receipt of gifts etc, sale of tickets, betting and attendance and participation in matches
|
| — | Doping control
|
| — | Suspension from football for serious criminal offences
|
| | |
| F | Powers of inquiry (10)
|
| — | Powers of The Association to monitor the compliance by each Participant (including clubs) with FA Rules, the laws of the game, the statutes and regulations of FIFA and UEFA and the rules and regulations of each competition.
|
| | |
| G | Disciplinary Powers (9)
|
| — | Set out the jurisdictional arrangements and procedures for dealing with misconduct
|
| | |
| H | Appeals to an Appeal Board (4)
|
| — | Provisions in relation to referring matters to an appeal board
|
| | |
| I | Financial Records (3)
|
| Provisions in relation to:
|
| — | the maintenance by clubs of their accounting records and annual accounts
|
| — | the documentation of loans and recording of gate receipts by clubs
|
| — | a club's rules or articles of association including members and directors of clubs to act in accordance with the Rules and Regulations of The Association, The Association to give prior agreement to changes in a club's articles, that a person is not to hold a position at the club if suspended from football by The Association and provisions in relation to the winding up of a club.
|
| — | clubs to advise The Association of defined notifiable changes such as insolvency
|
| — | the registration with The Association of a designated club bank account
|
| | |
| J | Rules, Regulations and Laws of the Game (3)
|
| — | Provisions in relation to changes to the Rules, enabling the laws of the game and regulations such as the fit and proper person test, safeguarding children, advertising on player's clothing and mixed football
|
| | |
| K | Arbitration (14)
|
| — | Procedures to resolve disputes or differences between Participants without recourse to the law
|
| | |
| L | Fair Play in Football (3)
|
| — | Provisions to promote Fair Play in football
|
| | |
| M | Transitional Provisions (2)
|
| — | Provisions in relation to the adoption of the Rules and Regulations of The Association
|
In addition to the above there are the rules of FA competitions
such as The FA Cup, FA Trophy and FA Vase.
Summary of FA Regulations and related matters 2010-11 that
support FA Rules
Sanction & Control of Competitions
Referees
Youth Football
Areas and Overlapping of Associations
National League System Regulations (applicable below The Football
League)
Women's Football Pyramid
Programme for Excellence (in respect of Centres of Excellence
and Academies operated by clubs in the development of young players)
Programme for Excellence (Female)
Advertising on the Clothing of Players, Club Officials and Match
Officials
The Association's Equality Policy
Safeguarding Children Policy and Regulations
Vulnerable Adults Policy and Regulations
Doping Control Programme Regulations
FA Football Agents Regulations
Third Party Investment in Players Regulations
Fit and Proper Persons Regulations
Disciplinary Procedures
— Section A: Field Offences in First Team Matches, for PL,
FL and FC (N)
— Section B: Field Offences in Non-First Team Matches
— Section C: Field Offences in Friendly Matches
— Schedule A: Standard Directions, incidents caught on video
— Schedule B: Standard Directions, incidents reported to
The Association
— Schedule C: Standard Directions, incidents on or around
field of play and media comments
— Schedule D: Standard Directions for Appeals
— Field Offences, below Football Conference National Division
— Assaults on Officials
— Regulations for Football Association Disciplinary Action
— General Provisions relating to Inquiries, Commissions
and Appeal Boards
— Regulations for Football Association Appeals
— Memorandum of Procedures for Clubs dealt with by County
Associations
— Memorandum of Procedures for Teams in Leagues at Steps
5 to 7
— Disciplinary Procedures at Personal Hearings, dealt with
by County FAs
— Safeguarding Children in the Disciplinary Process
— The Football Association Disciplinary Process for Small-Sided
Football
Small-Sided Football Laws of the Game
Matches against Foreign Clubs
The Football Association Loan Scheme for loans provided to clubs
Standard Club Rules
Standard Code of Rules for Competitions
Standard Code of Rules for Youth Competitions
Standardised Rules for competitions at Steps 1 to 6 of the National
League System
Medical Regulations from Premier League to Step 3 of the National
League System
Goalpost Safety Guidelines
Pitch Sizes/Artificial Grass Guidelines
White Line Marking of Pitches Guidelines
Respect—a behavioural code for football
PREMIER LEAGUE
RULES 2010-11
Scope: clubs in membership of the Premier League
Summary of Contents
Notes: Numbers in brackets state the number of rules in each section.
Each rule may be subdivided.
Clubs are also bound by the League's articles of association that
are not detailed below.
Section A: Introduction (9)
— Including definitions
Section B: The League (31)
— Membership requirements including becoming a member,
cessation, expulsion and relegation
— Relationship between clubs, the league and other football
bodies including FIFA and UEFA
— Requirement for clubs to employ key officials that
are appropriately qualified (eg accountants and media officers)
Section C: Finance (101)
— Requirements in relation to the distribution of centralised
revenue (eg broadcasting rights)
— Clubs to advise of a designated club bank account
— Power to deduct monies due to a club where that club
has defaulted in making payment to another club or a defined football
body
— Requirements in relation to the assignment by a club
of central funds
— Power to suspend a club in the event of a defined
insolvency event
— Sporting sanction in the event that a club suffers
a defined insolvency event
— Submission of annual and interim accounts of a club
and its group reported on by auditors
— Requirement to evidence amounts due to defined employees,
PAYE and other clubs
— Submission of future financial information
— Power to require a club to adhere to a budget or to
refuse to register a player in certain circumstances
— Quarterly reporting of PAYE and national insurance
debts
— Provisions in relation to the change of control of
a club
— Power to inspect a club's books and records
Section D: Directors & Directors' Reports (39)
— Owners and directors test
— Ability to disqualify a Director on determined criteria
and suspend a club
— Wide reaching definitions of Concert Party, Connected
Persons and Control
— Directors' Reports on material transactions undertaken
by a club reported on by independent auditors
Section E: Fixtures (43)
— Matters in relation to fixtures
Section F: Player Identification and Strip (27)
— Matters in relation to player identification and kit
Section G: Match Officials (14)
— Matters in relation to match officials including formation
of Professional Game Match
— Officials Limited for the appointment of match officials
Section H: Medical (12)
— Appointment by clubs of qualified medical personnel
— Provisions concerning the attendance of medical personnel
and availability of medical facilities at a match
Section I: Ground Criteria (42)
— Minimum requirements for a ground
— Registration of a home ground and consent to be provided
to move to another
Section J: Customer Charter (17)
— Written customer charter that sets out its policy
with regard to ticketing, merchandise and its relations with supporters
and other stakeholders
Section K: Players' Contracts (42)
— Requirements in relation to the contents of players'
contracts and related matters including approaches, inducements
and remuneration
Section L: Players' Registrations (38)
— Provisions in relation to the registration of players
— Prohibition of Third Party Investment in players
Section M: Transfers of Players' Registrations (40)
— Provisions in respect of the registration of players
including procedures for the payment of transfer fees
Section N: Youth Development (134)
— Provisions in respect of the operation of Football
Academies, Centres of Excellence and Satellites
— Provisions in respect of player development, education
requirements and student welfare
Section O: The Safeguarding of Children and Vulnerable Adults
(27)
— Clubs to have policies for the Safeguarding of Children
and Vulnerable Adults
Section P: Scouts (8)
— Registration of scouts
— Code of conduct for scouts
Section Q: Managers (39)
— Provisions in relation to Managers including minimum
qualifications and codes of conduct
Section R: Disciplinary Procedures (75)
— Provisions in relation to suspected or alleged breach
of the Rules
— Commission and Appeal Procedures
Section S: Arbitration (42)
— Independent arbitration procedures to arbitrate disputes
between the League and its clubs, between clubs and clubs and
players
Section T: Premier League Appeals Committee (24)
— Established to address various matters mainly concerning
clubs and/or players in relation to compensation or other contractual
arrangements
Section U: Criminal Records Bureau (13)
— Provisions in relation to disclosure applications
Section V: Miscellaneous (26)
— Other provisions including those in respect of associations
between clubs, dual interests and betting
— Publication by a club of significant interests in
that club
Appendix 1: Standard Clauses for Inclusion in Replica Strip Manufacturers'
Contracts (Rule J.13)
Appendix 2: Notice to Manufacturer Licensed to Manufacture and
Distribute Club Replica Strip (Rule J.14)
Appendix 3: The Health and Safety of Students on Residential Tours,
Festivals, Tournaments and Visits Code of Practice (Rule N.121)
Appendix 4: Code of Conduct for Football Academy Students of Compulsory
School Age (Rule N.126)
Appendix 5: Code of Conduct for Scouts (Rule P.8)
Appendix 6: Code of Conduct for Managers (Rule Q.1)
Appendix 7: Code of Conduct for Clubs (Rule Q.2)
Appendix 8: Standard Clauses for Inclusion in Managers' Contracts
of Employment (Rule Q.8.1)
Appendix 9: Anti-Discrimination Policy (Rule V.23)
Appendix 10: Rules governing applications for UEFA Club Licences
Appendix 11: Regulations of the Professional Football Compensation
Committee
Appendix 12: Schedule of Offences (Rule D.2.4.3)
Appendix 13: Medical Examinations to be carried out on Contract
Players and Students registered on Scholarship Agreements (Rule
H.10)
FOOTBALL LEAGUE
REGULATIONS 2010-11
Scope: clubs in membership of the Football League
Summary of Contents
Notes: Numbers in brackets state the number of regulations in
each section. Each regulation may be subdivided.
Clubs are also bound by the League's articles of association that
are not detailed below.
| 1. | General (2)
|
| — | Definitions
|
| | |
| 2. | Membership (2)
|
| — | Provisions in respect of membership of the League
|
| | |
| 3. | The League (8)
|
| — | Provisions in respect of the divisional structure of the League, its competitions, promotion, relegation and resignation
|
| — | Sporting sanctions for clubs that suffer a defined insolvency event
|
| | |
| 4. | Clubs (9)
|
| — | Registration of a club's home ground
|
| — | Prevention of movement to another ground without consent
|
| — | Ground sharing requirements
|
| — | Requirement for maintaining accounting records
|
| — | Submission of annual accounts of the club and group (audited for Championship clubs)
|
| — | Interim accounts and future financial information for Championship clubs
|
| — | Requirement to evidence amounts due to defined employees, PAYE and national insurance and other clubs (Championship clubs)
|
| — | Submission of future financial information (Championship clubs)
|
| — | Power to require a club to adhere to a budget or to refuse to register a player in certain circumstances (Championship clubs)
|
| — | Provisions in relation to the change of control of a Championship club
|
| — | Reporting of HMRC debts
|
| — | Requirement for clubs to have and to publish a Customer Charter
|
| — | Notification of changes of directors
|
| | |
| 5. | Fixtures (16)
|
| — | Requirements in relation to the playing of fixtures
|
| — | Facilities to be provided at grounds eg visiting supporters
|
| — | Attendance of qualified medical practitioners at matches
|
| | |
| 6. | Players (32)
|
| — | Provisions in relation to the registration of players
|
| — | Provisions in relation to player transfers, agents, prohibition of third party investment in a player and payment of transfer fees
|
| — | Professional Football Compensation Committee to address various matters mainly concerning clubs and/or players in relation to compensation or other contractual arrangements
|
| — | Provisions for disputes and appeals to be determined by the Football Disciplinary Committee
|
| | |
| 7. | Broadcasting and Sponsorship (4)
|
| — | Provisions in relation to broadcasting and sponsorship
|
| | |
| 8. | Offences, Inquiries, Commissions, Disputes and Appeals (9)
|
| — | Provisions in relation to investigations into breaches of the Regulations and disputes and appeals
|
| | |
| 9. | Association and Dual Interests (11)
|
| — | Provisions in respect of associations between clubs, interests in more than one club
|
| — | Power to request information
|
| — | Publication by a club of significant interests in that club
|
| | |
| Appendices |
| I | Membership Criteria
|
| Ii | Medical Record Cards
|
| III | Rules Governing Conduct of FDC Hearings
|
| IV | Owners' and Directors' Test
|
| V | Regulations of the Professional Football Compensation Committee
|
| | |
| In addition to the above are the Rules of the Football League Cup
|
3. A MATRIX OF
THE RECENT
RULE CHANGES
IN PROFESSIONAL
FOOTBALL IMPLEMENTED
THROUGH FOOTBALL
AUTHORITY CO
-ORDINATION AND
SELF-REGULATION
The Matrix is a summary of the Rules. Full details can be found
in the relevant set of Rules and Regulations.
| Competition | FA
| Premier League | Football League
| Football Conference |
| Solvency Measures |
| | | |
| Annual accounts - Submission | Clubs required to file their most recent annual accounts with Form A.
| All clubs required to file up to date accounts with PL by 1 March each year
| All clubs required to file up to date accounts. By 1 March for Championship clubs.
| Within ten months of its accounting reference date, each Club shall submit a copy of its full financial statements to the League.
|
| The FA Licensing Manual for UEFA Club Competitions applies to those clubs applying for a licence to play in UEFA's competitions the following season. The Manual requires the submission of Annual accounts.
| | League 1 and 2 clubs failing to do so, or provide further information when required may be placed under Registration embargo.
| |
| Annual accounts - audit opinion | No rule/regulation, although clubs are required to certify that they can meet their fixtures for the year at their current ground as part of the annual Form A process.
The FA Licensing Manual for UEFA Club Competitions applies to those clubs applying for a licence to play in UEFA's competitions the following season. The content of the auditors' report is considered and a licence may be refused in certain circumstances.
| All annual accounts of PL clubs must be audited. If accounts contain anything other than an unqualified audit report, then the Board able to ask for further documentary evidence. In event that the board believe that Club will not be able to fulfil its fixtures or pay its liabilities to Football Creditors then it has power to require Club to submit, agree and adhere to a budget, to require Club to provide any further information on an ongoing basis, and to place it under a Registration embargo.
| All annual accounts of Championship clubs must be audited. If accounts contain anything other than an unqualified audit report, then the Board able to ask for further documentary evidence. In event that the Board believe that Club will not be able to fulfil its fixtures or pay its liabilities to Football Creditors then it has power to require Club to submit, agree and adhere to a budget, to require Club to provide any further information on an ongoing basis, and to place it under a Registration embargo.
| Currently examining proposals regarding club sustainability. No existing Rule/Regulation in place.
|
| Interim accounts | No FA rule/regulation—considered competition specific.
The FA Licensing Manual for UEFA Club Competitions applies to those clubs applying for a licence to play in UEFA's competitions. The content of the auditors' report on the interim accounts is considered and a licence may be refused in certain circumstances.
| All PL clubs to provide interim accounts by 31 March reported on by auditors. Requirements same as annual accounts above.
| All Championship clubs to provide interim accounts by 31 March reported on by auditors. Requirements same as annual accounts above.
Not required in Leagues 1 and 2.
| No provision |
| Future Financial Information | No FA rule/regulation—considered competition specific
The FA Licensing Manual for UEFA Club Competitions requires future financial information to the end of the following playing season to be provided to support a licence application from a club to play in UEFA's competitions. Licence may be refused if the club is considered unable to complete the season to be licensed.
| PL clubs required by 31 March to provide Future Financial Information - financial forecast up to the next accounting reference date after the end of the following playing season. In event that the Board believe that Club will not be able to fulfil its fixtures or pay its liabilities to Football Creditors then it has power to require Club to submit, agree and adhere to a budget, to require Club to provide any further information on an ongoing basis, and to place it under a Registration embargo.
| Championship clubs required by 31 March to provide Future Financial Information - financial forecast up to the next accounting reference date after the end of the following playing season. In event that the Board believe that Club will not be able to fulfil its fixtures or pay its liabilities to Football Creditors then it has power to require Club to submit, agree and adhere to a budget, to require Club to provide any further information on an ongoing basis, and to place it under a Registration embargo.
| No provision |
| Overdue Payables | No rules/regulation—considered competition specific.
The FA Licensing Manual for UEFA Club Competitions requires consideration of amounts in respect of transfer/compensation/loan fees and to defined employees and PAYE/NI at 31 March for those clubs applying for a UEFA licence for the following season.
| PL clubs required to confirm by 7 April that they had no overdue payables in respect of transfer/compensation/loan fees and to defined employees and PAYE/NI at 31 March. In the event that the Board believe that Club will not be able to fulfil its fixtures or pay its liabilities to Football Creditors then it has power to require Club to submit, agree and adhere to a budget, to require Club to provide any further information on an ongoing basis, and to place it under a Registration embargo.
| Championship clubs required to confirm by 1 March that they had no overdue payables in respect of transfer/compensation/loan fees and to defined employees and PAYE/NI at 31 December. In the event that the Board believe that Club will not be able to fulfil its fixtures or pay its liabilities to Football Creditors then it has power to require Club to submit, agree and adhere to a budget, to require Club to provide any further information on an ongoing basis, and to place it under a Registration embargo.
| No provision |
| Salary control | No rules/regulation—considered competition specific.
| No rules/regulation | Salary Cost Management adopted at League 2 level and League 1 on an advisory basis.
| No salary cap mechanism at present time.
|
| HMRC Reporting | No HMRC reporting rule—competition specific (although assisted Conference with implementation of their scheme)
| Clubs required to provide quarterly certification that its HMRC liabilities are no more than 28 days in arrears.
Each club required to provide on request by the Board an authority enabling HMRC to provide information to League with regards to HMRC liabilities.
If Board believes HMRC liabilities are not less than 28 days in arrears, have power to require a budget to be submitted, further information provided and/or registration embargo.
| Clubs required to settle all HMRC debt within 28 days of the due date or keep up to date with time to pay agreement deemed to be in default and therefore subject to a Registration embargo.
Each club required to provide an authority enabling HMRC to provide League information relating to the club's HMRC liability.
| HMRC Payroll Reporting Initiative—Any club in greater than 3 month default to HMRC placed under registration embargo. Each club required to provide an authority enabling HMRC to correspond directly with League on club matters.
|
| Club Ownership | |
| | |
| Disclosure | No publication—Clubs required to disclose ownership information to The FA on annual Form A
| Each club shall publish the identities of the ultimate owner of each Significant Interest in the Club—Significant Interest defined as the holding (either individually or in concert of 10% of the voting shares in a club).
A Register of Significant Interests in each member club maintained at the League.
| Each club required to publish the identities of the ultimate owner (person not entity) of each Significant Interest in club - Significant Interest defined as the holding (either individually or in concert of 10% of the voting shares in a club). Publication required as a minimum on the club's website.
| No publication of ownership required.
|
| Changes in Ownership | Approve changes in ownership when it involves a change in the entity that is the club—usually out of insolvency. Clubs merely required to notify FA of changes in ownership where there is no change in entity.
| Any person(s) seeking to acquire Control of a PL club required to submit updated Future Financial Information prior to the change if practicable or if not within ten days of taking control. Board have power to require individual(s) taking control to appear before it and to provide evidence of the source and sufficiency of any funds. In event Board believe that Club will not be able to fulfil its fixtures or pay its liabilities to Football Creditors then it has power to require Club to submit, agree and adhere to a budget, to require Club to provide any further information on an ongoing basis, and to place it under a Registration embargo.
| Any person (s) seeking to acquire Control of a Championship club required to submit updated Future Financial Information prior to the change if practicable or if not within ten days of taking control. Board have power to require individual(s) taking control to appear before it and to provide evidence of the source and sufficiency of any funds. In event Board believe that Club will not be able to fulfil its fixtures or pay its liabilities to Football Creditors then it has power to require Club to submit, agree and adhere to a budget, to require Club to provide any further information on an ongoing basis, and to place it under a Registration embargo.
| Approve changes in ownership when it involves a change in the entity that is the club - usually out of insolvency.
|
| Dual Interest
ie interests in more than one club
| FA Competition Rules—Require that clubs playing in the same competition must disclose instances where they share common owners (10% or more of club)
| No person may directly or indirectly be involved in or have the power to influence management or admin or acquire more than 10% of shares of more than one club.
| Dual interests prohibited unless approval given by FL Board. Excludes any shareholding of less than 10%.
| Mirror FA Competition Rules. |
| Fit and Proper Persons/Owners and Directors Test
(the definition of Director being wider than that under law)
| Operate Fit and Proper Person Test for FC and three feeders—limited companies only - applies to Directors and those holding 30% or more of the shares in club
| Owners & Directors Test—applies to Directors and those holding 10% or more of the shares in club
| Owners & Directors Test—applies to Directors and those holding 10% or more of the shares in club
| FA test applies |
| Insolvency Measures |
| | | |
| Sporting Sanction Rule | No sporting sanction rule—competition specific
| Deduction of 9 points on entering insolvency
| Deduction of 10 points on entering insolvency.
Also, application of sanction may be deferred until following season if insolvency occurs after fourth Thursday in March
| Deduction of 10 points on entering insolvency.
Also, application of sanction may be deferred until following season if insolvency occurs after fourth Thursday in March
|
| Exit from Insolvency | Football Creditors to be satisfied in full (100p in £), all other creditors to be satisfied (ie a pence in £ cva)
| Football Creditors to be satisfied in full, all other creditors to be satisfied (ie a pence in £ cva)
| Football Creditors to be satisfied in full, all other creditors to be satisfied (ie a pence in £ cva)
| Football Creditors to be paid in full. All other creditors to be paid in full within three years, otherwise club relegated at end of season.
|
| Other Regulatory Areas |
| | | |
| Agents | FA Football Agents Regulations
| Defers to FA Agents Regulations |
Defers to FA Agents Regulations | Defers to FA Agents Regulations
|
| Prohibition of Third Party Investment in Players
| Third party Investment Regulations introduced July 2009
| Third Party Investment Regulations introduced July 2009
| Third Party Investment Regulations introduced in August 2010
| No Third Party Investment Regulations.
|
| Ground moves | No specific rule/regulation regarding ground moves. Clubs required to confirm in Annual Form A that they have adequate security of tenure for the coming season.
| No club permitted to move ground without written consent of Board, such consent not to be unreasonably withheld. Board will consider certain factors in this, including "the relationship between the locality with which by its name or otherwise the applicant club is traditionally associated and that in which it proposes to establish its ground". Also includes whether it would adversely affect other PL or FL clubs that have their ground registered in the immediate vicinity.
| No club permitted to move ground without written consent of Board, such consent not to be unreasonably withheld. Board will consider certain factors in this, including "the relationship between the locality with which by its name or otherwise the applicant club is traditionally associated and that in which it proposes to establish its ground"
| No club shall move to another ground without first obtaining Board approval. No criteria for approval given.
|
| Directors' Reports | No provision
| All clubs to provide within 10 months of its accounting reference date a report on material transactions (>£25,000) in relation to internal controls, policies and procedures for payments to players, transfer fees, agents and Third Parties. The report is signed by the directors of a club and reported on by auditors.
| No provision | No provision
|
1
A brief introduction to the role and remit of The FA is provided
in the appendices. Back
2
A full compendium of all the rules and regulations applied to
football clubs across international, regional, national and competition
boundaries is provided in the Appendix to this document. Back
3
The Football Association has no jurisdiction over Welsh football. Back
4
A matrix of the recent rule changes in professional football implemented
through football authority co-ordination and self-regulation is
provided in the Appendix to this document. Back
| 
