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RulesSection B - The Council
13. The Councillors are the shareholders and, collectively, are the supreme body of the Association. Until 31st July 2023, the Council shall consist of the four (4) Officers and twenty (20) Councillors, together with such Past Presidents and Life Councillors as there may be from time to time. The said twenty (20) Councillors shall be nominated and/or elected as appropriate for a term of four (4) years, commencing on 1st August 2019. The nomination or election process shall be as follows:-
13.1 the six (6) South Wales Representatives shall be nominated or elected by Qualifying Clubs in the South Wales Area;
13.2 the six (6) North Wales Representatives shall be nominated or elected by Qualifying Clubs in the North Wales Area;
13.3 the one (1) Cymru Premier Representative shall be nominated or elected by the Qualifying Clubs in The Cymru Premier;
13.4 the one (1) Adran Premier Representative shall be nominated or elected by Qualifying Clubs in the Adran Premier; and
13.5 each of the six (6) Area Associations shall nominate one (1) Councillor and the names of the persons nominated under this Rule 13.5 shall be submitted to the Chief Executive Officer no later than 1st August in the relevant year.
13(A) From 1st August 2023, the Council shall consist of four (4) Officers, such Past Presidents and Life Councillors as there may be from time to time, and such other Councillors who are nominated or elected in accordance with the remainder of this Rule 13(A). Such other Councillors shall be nominated and/or elected as appropriate for a term of four (4) years, with the first of such quadrennial terms commencing on 1st August 2023. The nomination or election process shall be as follows: -
13(A).1 the one (1) Cymru Premier Representative shall be nominated or elected by the Qualifying Clubs in the Cymru Premier;
13(A).2 the one (1) Cymru North Representative shall be nominated or elected by the Qualifying Clubs in the Cymru North;
13(A).3 the one (1) Cymru South Representative shall be nominated or elected by the Qualifying Clubs in the Cymru South;
13(A).4 the three (3) Ardal Leagues Northern Representatives shall be nominated or elected by Qualifying Clubs in Ardal Leagues Northern (split geographically into three (3) groups by the Directors to ensure regional representation);
13(A).5 the three (3) Ardal Leagues Southern Representatives shall be nominated or elected by Qualifying Clubs in Ardal Leagues Southern (split geographically into three (3) groups by the Directors to ensure regional representation);
13(A).6 the one (1) Adran Premier Representative shall be nominated or elected by Qualifying Clubs in the Adran Premier;
13(A).7 the one (1) Adran North Representative shall be nominated or elected by Qualifying Clubs in the Adran North;
13(A).8 the one (1) Adran South Representative shall be nominated or elected by Qualifying Clubs in the Adran South; and
13(A).9 each of the six (6) Area Associations shall nominate two (2) Councillors (one of whom shall first be elected by the Area Association’s member clubs, in an election organised by the Area Association in accordance with any directions issued by the Directors from time to time) and the names of the persons nominated under this Rule 13(A).9 shall be submitted to the Chief Executive Officer no later than 1st August in the relevant year or as otherwise permitted by the Directors from time to time;
13(A).10 each of the other organisations which is accepted as a Member pursuant to Rule 11.1.5 shall nominate one (1) Councillor and the names of the persons nominated under this Rule 13(A).10 shall be submitted to the Chief Executive Officer no later than 1st August in the relevant year or as otherwise permitted by the Directors from time to time.
13(B) Save in respect of an existing Councillor standing for re-election or re-appointment to the Council, from and including 1st August 2019 no person shall be eligible to become a Councillor unless they are under 65 years of age on the date they take up office.
14. Until 31st July 2023, notwithstanding anything contained in these Rules, the Directors, for the purpose of determining the constituency for the election of the six (6) South Wales Representatives and the six (6) North Wales Representatives and in so doing ensuring good representation of the whole of Wales, shall be empowered to divide the country into suitable Areas and sub-Areas and allocate such representation as far as possible fairly between the Qualifying Clubs. When creating any sub-Area, the Directors shall prescribe the number of Councillors to represent that sub-Area. The prescribed number for any Area not divided into sub-Areas shall be six (6). Such Areas of the country are currently the South Wales Area (six (6) prescribed representatives) and the North Wales Area with the North Wales Area currently divided further into the North East Wales sub-Area (two (2) prescribed representatives), North Wales Coast sub-Area (two (2) prescribed representatives) and Central Wales sub-Area (two (2) prescribed representatives). Qualifying Clubs in any particular Area or sub-Area shall only vote for those candidates nominated for the post of Councillor from the particular Area or sub-Area concerned. The Directors shall have the power to prescribe the maximum number of votes each Qualifying Club must cast in any election. Failure to cast the said maximum number of votes will render the Qualifying Club’s ballot paper void. Voting papers for any particular Area or sub-Area will state clearly the maximum number of votes which must be cast by Qualifying Clubs in the election. Only those clubs which were Qualifying Clubs on 1st August preceding the appointment or election to a post on the Council (whether quadrennially or to fill a vacancy), shall be entitled to nominate a candidate for a post on the Council and vote in any election for that post.
15. Candidates for any of the posts set out in either Rule 13.1 to 13.4 (until 31st July 2023) or Rule 13(A).1 to 13(A).8 (from 1st August 2023) shall be chosen by a process of nomination and election as follows:-
15.1 candidates shall either be nominated by a Qualifying Club which is entitled to vote in the applicable election or shall be a retiring Councillor who wishes to stand for re-election to the same post from which he/she is retiring. Candidates nominated by a Qualifying Club must express their willingness to stand in writing beforehand. The Qualifying Club shall notify the Chief Executive Officer of their nomination on the official form as prescribed by the Chief Executive Officer from time to time, sent out by the Chief Executive Officer at least fourteen (14) days prior to 14th June. Such form shall be signed by the Recognised Signatories of the Qualifying Club and returned to the Chief Executive Officer on or before 14th June in any year when the quadrennial elections are taking place. Any retiring Councillor seeking to be re-appointed shall notify the Chief Executive Officer on or before 14th June and his/her name shall be added to the list of candidates. No candidate shall be allowed to withdraw his/her name from the list within three (3) days after the closing date for the receipt of nominations;
15.2 until 31st July 2023, in the event that the prescribed number of candidates for an Area or sub-Area, or less than the prescribed number, are nominated for the posts of North Wales Representatives, they shall be automatically appointed to the Council without the need for an election. If the number of candidates exceeds the prescribed number, an election amongst the relevant Qualifying Clubs shall be held in accordance with Rules 17.1 to 17.10;
15.3 until 31st July 2023, in the event that the prescribed number of candidates for an Area or sub-Area, or less than the prescribed number, are nominated for the posts of South Wales Representatives they shall be automatically appointed to the Council without the need for an election. If the number of candidates exceeds the prescribed number, an election amongst the relevant Qualifying Clubs shall be held in accordance with Rules 17.1 to 17.10;
15.4 until 31st July 2023, in the event that only one candidate is nominated for either of the posts set out in Rule 13.3 or Rule 13.4, that person shall be automatically appointed to the Council without an election. If the number of candidates exceeds one (1) an election amongst the relevant Qualifying Clubs shall be held in accordance with Rules 17.1 to 17.10;
15.5 from 1st August 2023, in the event that only one candidate is nominated for any of the posts set out in Rule 13(A).1 to 13(A).8, that person shall be automatically appointed to the Council without an election. If the number of candidates exceeds one (1) an election amongst the relevant Qualifying Clubs shall be held in accordance with Rules 17.1 to 17.10.
15.6 until 31st July 2023, in the event that less than the prescribed number of candidates for an Area or sub-Area are nominated for the posts of North Wales Representatives, the Directors shall have the power to, and shall, appoint the necessary number of person or persons to make the number of North Wales Representatives up to the prescribed number and such person or persons so appointed by the Directors shall be North Wales Representatives as if elected or appointed to the post by the relevant Qualifying Clubs;
15.7 until 31st July 2023, in the event that less than the prescribed number of candidates for an Area or sub-Area are nominated for the posts of South Wales Representatives, the Directors shall have the power to, and shall, appoint the necessary number of person or persons to make the number of South Wales Representatives up to the prescribed number and such person or persons so appointed by the Directors shall be South Wales Representatives as if elected or appointed to the post by the relevant Qualifying Clubs;
15.8 until 31st July 2023, in the event of no candidate being nominated for a post set out in Rule 13.3 or 13.4, the Directors shall have the power to, and shall, appoint a person as the Cymru Premier Representative or Adran Premier Representative (as applicable) and such person so appointed by the Directors shall be the Cymru Premier Representative or Adran Premier Representative (as applicable) as if elected or appointed to the post by the relevant Qualifying Clubs;
15.9 from 1st August 2023, in the event of no candidate being nominated for a post set out in Rule 13(A).1 to 13(A).8, the Directors shall have the power to, and shall, appoint a person as the relevant Representative and such person so appointed by the Directors shall be the relevant Representative as if elected or appointed to the post by the relevant Qualifying Clubs;
15.10 where more candidates are nominated than the prescribed number of Representatives set out in any of Rules 13.1 to 13.4 (until 31st July 2023) or Rules 13(A).1 to 13(A).8 (from 1st August 2023), an election shall be held in any such case amongst the relevant Qualifying Clubs to choose the relevant Representative(s);
15.11 save as set out in Rule 15.12 or Rule 15.13, no Qualifying Club shall be allowed to nominate or vote for more than one candidate for election to the Council in any one election; and
15.12 until 31st July 2023, solely in respect of the nomination or election of Councillors, and for no other purpose under these Rules, a Qualifying Club with teams playing in both (a) the South Wales Area or North Wales Area or the Cymru Premier (as the case may be) and (b) the Adran Premier shall be entitled to participate in the process to nominate or elect both (a) the South Wales Representatives or the North Wales Representatives or the Cymru Premier Representative (as the case may be) and (b) the Adran Premier Representative; and
15.13 from 1st August 2023, solely in respect of the nomination or election of Councillors, and for no other purpose under these Rules, a Qualifying Club with teams playing in both (a) men’s Pyramid League System and (b) the women’s Pyramid League System shall be entitled to participate in the process to nominate or elect Representatives under both (a) Rules 13(A).1 to 13(A).5 and (b) Rules 13(A).6 to 13(A).8.
16. No two Councillors shall be directors or committee members or officers or in any other material way associated with the same Qualifying Club.
16(A) No person who is a Close Family Member of a current Councillor shall be permitted to stand for election to Council and shall not be nominated or otherwise appointed as a Councillor and any purported election, nomination or appointment of such person shall be void.
17. In the event of an election being held:-
17.1 until 31st July 2023, voting papers containing the names of candidates for election to the Council as South Wales Representatives shall be sent by the Association to all Qualifying Clubs eligible to vote within the South Wales Area or sub-Area;
17.2 until 31st July 2023, voting papers containing the names of candidates for election to the Council as North Wales Representatives shall be sent by the Association to all Qualifying Clubs eligible to vote within the North Wales Area or sub-Area;
17.3 until 31st July 2023, voting papers containing the names of candidates for election to the Council as the Cymru Premier Representative shall be sent by the Association to all Qualifying Clubs in The Cymru Premier;
17.4 until 31st July 2023, voting papers containing the names of candidates for election to the Council as the Adran Premier Representative shall be sent by the Association to all Qualifying Clubs in the Adran Premier;
17.4(A) from 1st August 2023, voting papers containing the names of candidates for election to the Council as a Representative under any of Rules 13(A).1 to 13(A).8 shall be sent by the Association to all Qualifying Clubs eligible to vote in the relevant election.
17.5 all completed voting papers, relating to the election of any Representatives as set out in either Rules 13.1 to 13.4 (until 31st July 2023) or Rules 13(A).1 to 13(A).8 (from 1st August 2023) shall be dispatched to the Association in special envelopes, which envelopes shall have been supplied by the Association and which shall have an identifying ballot name printed on their face. All such voting papers must be received by the Association by not later than the 25th of July in the year of quadrennial elections;
17.6 each special envelope, in which any completed voting paper is dispatched to the Association, must be signed on behalf of the Qualifying Club by the Recognised Signatories of that Qualifying Club;
17.7 voting papers shall be opened only in the presence of an Officer;
17.8 in the event of a voting paper being declared void, the identity of the Qualifying Club concerned shall not be disclosed but the total number of void ballot papers shall be announced;
17.9 until 31st July 2023, the prescribed number of candidates in the South Wales Area or sub-Area receiving the greatest number of votes shall be declared elected as South Wales Representatives. The prescribed number of candidates in the North Wales Area or sub-Area receiving the greatest number of votes shall be declared elected as North Wales Representatives. In such elections, the candidate receiving the highest number of votes shall take the first post, the candidate receiving the second highest number of votes shall take the second post, and so on if applicable. In the event of an equal number of votes for two or more candidates, such candidates shall all take up a post except where it would mean more than the prescribed number of Councillors being elected, in which case, as soon as reasonably possible the Association will arrange a re-election for such post or posts in accordance with the processes and procedures used for the quadrennial election (with the exception of the reference to 14th June and 25th July). The candidate in the election for the Cymru Premier Representative receiving the greatest number of votes shall be declared elected as the Cymru Premier Representative. The candidate in the election for the Adran Premier Representative receiving the greatest number of votes shall be declared elected as the Adran Premier Representative. If the votes for such post are equal, as soon as reasonably possible the Association will arrange a re-election for such post in accordance with the processes and procedures used for the quadrennial election (with the exception of the reference to 14th June and 25th July);
17.9(A) from 1st August 2023, the candidate in the election for each of the Representative posts set out in Rules 13(A).1 to 13(A).8 receiving the greatest number of votes shall be declared elected as the relevant Representative. If the votes for any such post are equal, as soon as reasonably possible the Association will arrange a re-election for such post in accordance with the processes and procedures used for the quadrennial election (with the exception of the reference to 14th June and 25th July); and
17.10 the President, or in his/her absence, one of the other Officers, shall be the returning officer for the purpose of supervising the count of voting papers. The candidates shall have the right to be present when the votes are counted and at any recount. The results of the elections shall be declared at a meeting which shall be open to the Members. The Chief Executive Officer shall notify all Members of the result of the elections in writing within fourteen (14) days of the count.
18. Vacancies occurring on the Council (including, for the avoidance of doubt, a vacancy in any post as an Officer) shall be filled within three (3) calendar months of such vacancy occurring or as otherwise approved by the Directors. If the vacancy is in respect of a Councillor nominated by the Area Associations, the Area Associations which nominated that person shall nominate a replacement and notify the Association in writing accordingly. If the vacancy is in respect of an elected or appointed Representative as set out in either Rules 13.1 to 13.4 (until 31st July 2023) or Rules 13(A).1 to 13(A).8 (from 1st August 2023), the processes and procedures used in the quadrennial elections (with the exception of the reference to 14th June and 25th July) shall be used to fill such vacancy. If the vacancy is in respect of an Officer, the processes and procedures for the appointment or election of Officers in Rule 12 shall apply.
19. Any person ceasing to be a Councillor after serving as a Councillor for not less than twenty-one (21) years in total, whether consecutive or not, shall be offered the position of Life Councillor, if approved by the Council.
20. Upon taking office, a Councillor immediately assumes the position of shareholder of The Football Association of Wales Limited and shall remain so until replaced by election, appointment or nomination as the case may be under these Rules or by removal under these Rules or the Articles of Association of The Football Association of Wales Limited. Without limitation to the said provisions of this Rule, a Councillor shall cease to hold office on reaching the age of 80 unless on or before that date they have been made a Past President or Life Councillor.
20(A).1 A person shall cease to hold the position of Councillor if:
20(A).1.1 that person dies (whether before or after the coming into effect of this Rule);
20(A).1.2 that person is removed from being a Director under section 168 of the Companies Act 2006 or is prohibited from being a Director by law (in each case, whether before or after the coming into effect of this Rule);
20(A).1.3 a bankruptcy order is made against that person (whether before or after the coming into effect of this Rule);
20(A).1.4 a composition is made with that person’s creditors generally in satisfaction of that person’s debts;
20(A).1.5 a registered medical practitioner who is treating that person gives a written opinion to the Association stating that the person has lost mental capacity under the Mental Capacity Act 2005 for a period of more than three (3) months;
20(A).1.6 notification is received by the Association from that person that the person is resigning from the Council, and such resignation shall take effect immediately on the date notification is received by the Association, irrespective of any later date stipulated in the notification;
20(A).1.7 that person has been absent for three (3) consecutive Council meetings without giving written notice of their apologies to the Chief Executive Officer; or
20(A).1.8 a Judicial Body decides to impose such a penalty or sanction and that person either does not appeal or exhausts all procedures and processes of appeal in these Rules.
20(A).2 Any person who ceases to be a Councillor pursuant to Rule 20A.1 shall not be eligible to stand for re-election or re-appointment to the Council.
21. A candidate for election, appointment or nomination to the Council shall not offer any bribe, or consideration, or pay fees, or offer any improper inducement of any kind whatsoever, to any person or entity (including, without limitation, any Qualifying Club) for the purpose of procuring the nomination and/or vote of the said person or entity in the election, appointment or nomination of such candidate to the Council. No Area Association, nor any Qualifying Club, nor any National League, nor any person or other entity whatsoever, shall offer, on behalf of any candidate or at all, any bribe, or consideration, or pay fees, or offer any improper inducement of any kind whatsoever, to any person or entity (including, without limitation, any Qualifying Club) for the purpose of procuring the nomination or vote of such person or entity (including, without limitation, any Qualifying Club) in the election or appointment of any such candidate to the Council. Any breach of this Rule shall be deemed a Disciplinary Offence. In addition to any penalty imposed under Rule 46.1 for any breach of this Rule, any breach whatsoever of this Rule shall render null and void the election to the Council of any candidate concerned or implicated by any such said breach, if such candidate shall have been elected as a Councillor.