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37.

37.1 The functions of any of the Judicial Bodies of the Association shall be as follows:- 

37.1.1 except for any matter dealt with under the Reduced Penalty Regulations, the Regulations for Disciplinary Procedures Concerning Field Offences, the Anti-Doping Regulations or the Disciplinary Ceding Regulations, to adjudicate on any provisional measures relating to an alleged Disciplinary Offence and/or on any charge of an alleged Disciplinary Offence brought by the Association. In such cases the Association will be a “Party” to the proceedings and any appeal; 

37.1.2 to act as an independent tribunal to facilitate the resolution of disputes between Members, Associate Members, Subordinates and/or other third parties as respectively referred to the Association under Rules 39.2.2 to 39.2.7, inclusive. In such cases, the Members, Associate Members, Subordinates and/or other third parties (as the case may be) will be the “Parties” to the proceedings and any appeal. For the avoidance of doubt, the Association’s function shall be to organise the proceedings (including any hearings) of the Judicial Bodies and the Association shall not be a Party to such proceedings; and 

37.1.3 to act as the review body following any request for review of a decision of the Association made under Rule 39.3.3 to 39.3.6 (inclusive). The Association and the party requesting the review will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules. 

37.2 The Judicial Bodies shall have no jurisdiction to consider or rule on any objection or other challenge to (i) a decision of the Council or Directors or any of their respective committees or sub-committees (save as set in Rule 39.3.6) or (ii) the validity or enforceability of any Rule or Regulation of the Association.

37.3 In the event of any conflict or issue of interpretation between any provision of this Rule 37 and any other Rule in Section E, this Rule 37 shall prevail. 

38. For the purpose of this Section E of the Rules:- 

38.1 It shall be a breach of the Rules for any Member, Associate Member or any Subordinate to do or permit or assist in the doing or permitting of any of the following whether in connection with the playing of Association Football or Futsal (or, where applicable, in connection with the playing of (a) Open Friendly Matches, (b) Closed Friendly Matches, (c) matches played under the Association’s Small-Sided Football Regulations, (d) Walking Football matches or (e) matches played by College Teams, Sunday Clubs or Veteran Clubs) or otherwise (where the context so requires):- 

38.1.1 violate the Laws of the Game or the Futsal Laws of the Game or the Rules or any Regulation or violate the FIFA Rules or UEFA Rules; 

38.1.2 violate the rules or regulations (in whatever form) of any Member or Associate Member or any competition, sanctioned by a Member or an Associate Member or sanctioned by the Association; 

38.1.3 play with or against any club suspended by FIFA, UEFA, the Association, any Area Association or National League or any other national football association recognised by FIFA or appoint or allow to remain in office a director or official who has been suspended by any such body; 

38.1.4 in respect of matches taking place within the jurisdiction of the Association, bet in any betting activity (authorised and registered football pools excepted) or accept any bets in any way related to any match; 

38.1.4(A) in respect of matches involving any Member, Associate Member or Subordinate playing any match in a competition outside Wales, the said Member, Associate Member or Subordinate shall not bet in any betting activity (authorised and registered football pools excepted) or accept any bets in any way related to the said match or any other match in the competition in which the match involving the said Member, Associate Member or Subordinate takes place; 

38.1.5 offer or attempt to offer, either directly or indirectly, any bribe or other reward whatsoever to a Member, Associate Member, Subordinate, any other club official, Player, Match Official or any other footballing body or individual with a view to influencing the result, progress, conduct or any other aspect of any match, or to accept any such bribe or other reward; 

38.1.5(A) whilst participating in a match, whether as a Player or Match Official, for any person (for reward) to fail to perform their duties or responsibilities to the best of their ability during the match;

38.1.5(B) any act of commission or omission aimed at influencing the course and/or conduct of a match or competition (or any incident or event in a match) in an unlawful or undue manner; 

38.1.5(C) fail to report to the Association immediately any approach from any person, organisation or other third party in respect of activities reasonably thought to be aimed at influencing the course and/or result of a match or competition in an unlawful or undue manner; 

38.1.5(D) fail to report to the Association immediately any information or behaviour involving any person, organisation or third party in respect of activities reasonably thought to be aimed at influencing the course and/or result of a match or competition in an unlawful or undue manner; 

38.1.6 allow a director, official, Match Official, or Player under suspension to act as a Match Official or to perform any duties from the execution of which that person has been suspended, or fail to take all reasonable precautions to prevent such person from entering the ground of any Qualifying Club or any other club; 

38.1.7 sell or offer for sale, either directly or indirectly, a ticket for any football match in excess of the face value of the ticket; 

38.1.8 play a match with or against a club whose ground has been closed by the Association on any ground within a radius of twelve (12) miles of the ground closed unless such match is an away fixture for the club whose ground has been so closed and is played at the ground of the home team which is within a radius of twelve (12) miles of the closed ground; 

38.1.9 commit any act or make any statement either verbally or in writing (including, without limitation, any racial or other discriminatory behaviour, conduct or language), or be responsible for conduct, continuing misconduct or any other matter likely to bring the game of Association Football or the Association into disrepute including, without limitation, any incident on or around the field of play (including the changing room area) that occurs before, during or after a match; 

38.1.10 any act or omission constituting a Doping Offence; 

38.1.11 if more than two (2) members of a club are found to have committed a Doping Offence during an “Event Period” (as defined in the Anti-Doping Regulations), the club shall be deemed to have committed a Disciplinary Offence; 

38.1.12 receive a caution or conviction for any of the offences listed in Schedule 4 Criminal Justice and Court Services Act 2000, its revisions and amendments; or received any caution or conviction for any offences listed in the Sexual Offences Act 2003, its revisions and amendments; or received any caution or conviction for any of the offences listed in Schedule 1 Children and Young Persons Act 1933, its revisions and amendments; or is identified as a person presenting a risk or potential risk to children; or receive any caution or conviction for any offence against a vulnerable adult; or breach the Association’s Safeguarding/Welfare Policies and Procedures and Regulations, or any code of conduct and/or ethics established under any of them; 

38.1.13 fail to act in an orderly fashion or fail to refrain from violence, threatening, abusive, obscene or provocative behaviour, conduct or language (including, without limitation, whilst under the influence of alcohol or drugs) whilst attending or taking part in a match including, without limitation, any racial or other discriminatory behaviour, conduct or language; 

38.1.13(A) fail to hold a valid Premises Licence or Temporary Event Notice for the supply of any alcohol at a ground where any home matches are played and comply with all conditions of the Premises Licence or Temporary Event Notice (including, without limitation, any designation or restriction on where alcohol may be sold or consumed in the ground); 

38.1.13(B) fail to prevent the consumption of alcohol in any outdoor area of a home ground when any form of football is being played or practised other than within an outdoor area designated as an area where alcohol supplied in accordance with Rule 38.1.13(A) may be consumed PROVIDED THAT such outdoor area must not be within three metres of the touchline of the playing area at any point irrespective of any provision to the contrary in any Premises Licence or Temporary Event Notice and PROVIDED FURTHER THAT nothing in this Rule 38.1.13(B) shall alter or reduce the obligations on a person or organisation arising under the Sporting Events Act 1985, its revisions and amendments;

38.1.13(C) bring alcohol into a ground (or fail to prevent alcohol being brought into a ground where any home matches are played) other than in respect of use to be made pursuant to any Premises Licence or Temporary Event Notice; 

38.1.14 encroach on the pitch area, save for authorised persons or for reasons of crowd safety; 

38.1.15 whilst attending a match (a) have in their possession at any ground any firework, flare, smoke bomb or other pyrotechnic device or (b) ignite or otherwise set-off any firework, flare, smoke bomb or other pyrotechnic device or (c) throw any firework, flare, smoke bomb, other pyrotechnic device, missile, bottle or other potentially harmful or dangerous object (including, without limitation, at or on to the pitch or at any person on the pitch or elsewhere in the ground); 

38.1.16 fail to ensure that a private way is provided for players and officials from the playing ground to the dressing room whenever this is practicable at every ground within the jurisdiction of that Member or Associate Member; or 

38.1.17 use or provide others with information which is not publicly available and which is obtained through the Member’s, Associate Member’s or Subordinate’s position in football and which damages, or could damage, the integrity of a match or competition. 

38.2 Every Member or Associate Member (including, without limitation, a Club) will be responsible for the actions of its Subordinates (including, without limitation, its Players) and the Member or Associate Member will also be in breach of any Rule or any Regulation, if that Rule or Regulation is breached by its Subordinate.

39. The jurisdiction of the Reduced Penalty Regulations, the Regulations for Disciplinary Procedures Concerning Field Offences, the Anti-Doping Regulations and, subject to Rule 40, of the Judicial Bodies is as follows:- 

39.1 any Disciplinary Offence prescribed by the Reduced Penalty Regulations shall be dealt with under such Regulations if the Association elects to use such Regulations and the person charged with the Disciplinary Offence pleads guilty and agrees to the procedures under such Regulations; 

39.1(A) any Disciplinary Offence prescribed by the Regulations for Disciplinary Procedures Concerning Field Offences shall be dealt with under such Regulations; 

39.1(B) any Disciplinary Offence under Rule 38.1.10 shall be dealt with under the Anti-Doping Regulations; 

39.2 the Disciplinary Panel will hear the following matters:- 

39.2.1 any charge of an alleged Disciplinary Offence brought by the Association against any Member, Associate Member or Subordinate except (a) any matter dealt with under the Reduced Penalty Regulations; (b) any matter dealt with under the Anti-Doping Regulations; (c) any matter dealt with under the Regulations for Disciplinary Procedures Concerning Field Offences; (d) any charge of an alleged breach of Rule 21 reserved to the Appeals Panel under Rule 39.3.1 or (e) any matter dealt with under the Disciplinary Ceding Regulations in accordance with Rule 41. The Association and the said Member, Associate Member or Subordinate will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules; 

39.2.2 any appeal by a Subordinate or other third party against a decision of a Member or an Associate Member, where the said decision was a decision by the Member or Associate Member in the first instance. The Member or Associate Member and the Subordinate or other third party will be the “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules; 

39.2.3 any appeal by a Subordinate or other third party against a decision of a Member or an Associate Member, where the said decision was a decision by the Member or Associate Member acting as an appellant body in hearing an appeal against a decision of a Subordinate. The Subordinate or other third party will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules; 

39.2.4 any dispute or difference between two or more Members and/or Associate Members (not being an appeal covered by Rule 39.2.2) which one or more of the said Members and/or Associate Members refers to the Association for resolution. The said Members and/or Associate Members will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules; 

39.2.5 any disputes or differences between a Member or an Associate Member and any Subordinate or other third party (not being covered by Rules 39.2.2 or 39.2.3) which one or more of the Member or Associate Member or the Subordinate or other third party refers to the Association for resolution. The Member or Associate Member of the Association and the Subordinate or other third party will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules; and 

39.2.6 any dispute or difference between a Player and Intermediary which one or more of them refers to the Association for resolution. The Player and the Intermediary will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules; and 

39.2.7 any dispute or difference between an Intermediary and any club (not being a Qualifying Club) which one or more of them refers to the Association for resolution. The Intermediary and the club will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules. 

39.3 The Appeals Panel will hear the following matters:- 

39.3.1 any charge of an alleged Disciplinary Offence brought by the Association against any Member, Associate Member or Sub-ordinate for a breach of Rule 21. The Association and the said Member, Associate Member or Subordinate will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of these Rules; 

39.3.2 an appeal by either of the relevant Parties against a decision of the Disciplinary Panel made under any part of Rule 39.2 except that the Association will only have the right to appeal against the penalty or sanction imposed by the Disciplinary Panel under Rule 39.2.1 and not against a finding of not guilty other than a finding of not guilty in a Disciplinary Offence under Rule 38.1.11, where the Association’s right of appeal shall not be so limited; 

39.3.3 any request for a review made under the Agent Regulations by an applicant for Registration (as defined in the Agent Regulations) as an Intermediary following a decision by the Association to decline such application for Registration.  The Association and the said applicant will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules;

39.3.4 the review, in accordance with the Agent Regulations, of any decision of the Association made under the Agent Regulations to suspend the Registration of an Intermediary.  The Association and the Intermediary will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of the Rules;

39.3.5 an appeal by the relevant Member, Associate Member or Subordinate against a decision of the Association’s Safeguarding Panel made under the Association’s Safeguarding/Welfare Policies and Procedures and Regulations. The Association and the said Member, Associate Member or Subordinate will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of these Rules;

39.3.6 an appeal by the relevant Member, Associate Member or Subordinate against a decision of the Association’s National League Board or National Cup Board solely in relation to an alleged breach of the rules of any competition organised by the Association.  The Association and the said Member, Associate Member or Subordinate will be the relevant “Party” or “Parties” to the proceedings for the purpose of Section E of these Rules; and

39.3.7 any matters referred to it by the Association under Rule 40 which would otherwise have been heard by the Disciplinary Panel. 

39.4 The Independent Arbitration Panel will hear the following matters:- 

39.4.1 an appeal by either of the relevant Parties against a decision of the Appeals Panel made under any part of Rule 39 except that the Association will only have the right to appeal against the penalty or sanction imposed by the Appeals Panel under Rule 39.3 and not against a finding of not guilty under Rule 39.3; and 

39.4.2 any matter referred to it by the Association under Rule 40 which would otherwise have been heard by the Disciplinary Panel or Appeals Panel. 

39.5 The proceedings of each such Panel will be conducted in a private hearing of all the Parties unless there is an election under the Rules by the relevant Party or Parties (as the case may be) waiving the right to a private hearing. 

39.6 On a case by case basis, an independent chairperson appointed by the Chief Executive Officer (or his/her nominee) from the list of independent chairpersons designate may issue provisional measures (such as an interim suspension) where these are deemed necessary to ensure the proper administration of justice, to maintain sporting discipline, to avoid irreparable harm, or for reasons of safety and security where either: (a) an alleged Disciplinary Offence by a Member, Associate Member or Subordinate is being investigated by the Association; or (b) a Disciplinary Notice has been given but the outcome of the matter has not yet been finally decided by the Panels.  The independent chairperson shall consider the matter based on written submissions only, and the Association shall not be required to disclose its submission or any related documents to the relevant Member, Associate Member or Subordinate.  A provisional measure may apply until the outcome of the matter has been finally decided by the Panels.  The duration of any such provisional measure may be deducted from the final disciplinary sanction.  Provisional measures may be appealed against, and any such appeal shall be considered in a similar manner by a different independent chairperson appointed by the Chief Executive Officer (or his/her nominee) from the list of independent chairpersons designate.  Any appeal must reach the Association (marked for the attention of the discipline department) in writing and with grounds within three (3) days of receipt of the notice of provisional measures, and no appeal fee will be payable.  The decision of the independent chairperson considering the appeal shall be final.

40. On behalf of the Association, the Chief Executive Officer (or his/her nominee) may in his/her absolute discretion elect to:- 

40.1 seek provisional measures in relation to an alleged Disciplinary Offence by any Member, Associate Member or Subordinate;

40.2 bring a charge of an alleged Disciplinary Offence against any Member, Associate Member or Subordinate, or alternatively to issue a written warning or take no action;

40.3 refer to the Appeals Panel or the Independent Arbitration Panel any matter which in the absence of such an election would otherwise be under the jurisdiction of the Disciplinary Panel; and 

40.4 refer to the Independent Arbitration Panel any matter which in the absence of such an election would otherwise be under the jurisdiction of the Appeals Panel,

and the Association shall give notification of such election to the Parties and the matter shall proceed in accordance with the relevant provisions in the Rules relating to the relevant Panel save that, in relation to a referral under Rule 40.3 or Rule 40.4, there shall be no increase in fees as a result of such referral. 

41. In respect of those Members and Subordinates identified in the Disciplinary Ceding Regulations, and only to the extent prescribed by the Disciplinary Ceding Regulations, the provision of the Disciplinary Ceding Regulations shall apply in substitution for the relevant provisions of Section E of these Rules and shall be binding on such Members and Subordinates. Any matter affecting or involving a Member or Subordinate which is outside the scope of the Disciplinary Ceding Regulations (whether a Disciplinary Offence or other breach of these Rules) shall be dealt with in accordance with Section E of these Rules. 

42. The composition of the Panels will be as follows:- 

42.1 the Disciplinary Panel – until 31st July 2023, only the twenty (20) Councillors referred to in Rule 13 and Life Councillors may sit on the Disciplinary Panel; and from 1st August 2023, only the Councillors referred to in Rule 13(A).1 to 13(A).10 (inclusive) and Life Councillors may sit on the Disciplinary Panel. Each Disciplinary Panel will consist of three (3) members, including one from a list of four (4) chairpersons designate nominated by the Council from time to time. On a case by case basis, the Chief Executive Officer (or his/her nominee) will appoint the Disciplinary Panel chairperson from the said list of chairpersons designate and the other two (2) members of the Disciplinary Panel provided that any Party to the proceedings may appeal against any such appointment decision by giving written notice to the Association (marked for the attention of the discipline department) and with grounds no less than three (3) Business Days following receipt of the notice of hearing;  

42.2 the Appeals Panel – will consist of three (3) persons, two (2) of whom will be drawn solely from the Officers and Past Presidents and the third person will be an independent chairperson (not a Member) who will be a person of high standing and probity and with a sound knowledge of Association Football matters selected from a list of independent chairpersons designate nominated by the Directors from time to time (and no less than quadrennially).  On a case by case basis, the Chief Executive Officer (or his/her nominee) will appoint the independent chairperson from the said list of independent chairpersons designate and the two (2) other members of the Appeals Panel provided that any Party to the proceedings may appeal against any such appointment decision by giving written notice to the Association (marked for the attention of the discipline department) and with grounds no less than three (3) Business Days following receipt of the notice of hearing; and 

42.3 Independent Arbitration Panel - in any matter concerning a charge of an alleged Disciplinary Offence under Rule 38.1.11, the appeal tribunal division of the National Anti-Doping Panel of Sports Dispute Resolution Panel Limited (or any other equivalent panel nominated by UK Anti-Doping from time to time) will be the Independent Arbitration Panel. In respect of any other Disciplinary Offence or alleged Disciplinary Offence or dispute under the Rules, on a case by case basis, the Chief Executive Officer (or his/her nominee) will select an independent sports arbitration service to act as the Independent Arbitration Panel. In either case, the composition of the Independent Arbitration Panel will be in accordance with that organisation’s rules or regulations and, for the avoidance of doubt, the Independent Arbitration Panel may consist of only one person if such appointment is permitted by that organisation’s rules or regulations. 

42(A) No Member or Subordinate shall commence disciplinary proceedings under its own rules or regulations against a person, club or other entity which is under the jurisdiction of the Member or Subordinate, if (in respect of the relevant facts, circumstances or event) the Association has commenced, or indicated to the Member or Subordinate its intention to commence, disciplinary proceedings under these Rules against the person, club or other entity.

First Published

09 September 2020

Last Updated

22 October 2023

Part Of

Rules

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