PREMIER LEAGUE

PREMIER LEAGUE PREMIER LEAGUE

15.05.2013 Views

SECTION F: OWNERS’ AND DIRECTORS’ TEST F.11. For the purposes of the League competition, the Board shall have power to determine how the cancellation of a League Match caused by the suspension of one of the Clubs which should have participated in it shall be treated. F.12. Upon being reasonably satisfied that the Director of the suspended Club has resigned or has been removed from office, the Board shall have power to withdraw the suspension by giving to it notice in writing to that effect. Appeal against Disqualification of a Director Old Rule F.13. Any person or Club who receives notice under Rule F.6 has a right to appeal the disqualification notice(s) in accordance with the following Rules. However, for the avoidance of doubt, unless and until any such appeal is upheld, the disqualification notice(s) will take full effect. D.14 F.14. Any person or Club wishing to appeal a disqualification notice must, within 21 days of the date of that notice, send or deliver to the Secretary a notice of appeal, setting out full details of the grounds of appeal of that person or Club, together with a deposit of £1,000. F.15. The only grounds upon which a person or Club may appeal a disqualification notice are: F.15.1. none of the Disqualifying Events set out in Rule F.1 apply; or F.15.2. in respect of a conviction of a court of foreign jurisdiction under Rule F.1.4, or a suspension or ban by a sport ruling body under Rule F.1.8, or a suspension, disqualification or striking-off by a professional body under Rule F.1.9, or a finding of a breach of rule by a ruling body of football pursuant to Rule F.1.11.4, there are compelling reasons why that particular conviction, suspension, ban, disqualification or striking-off, should not lead to disqualification; or F.15.3. it can be proven that the Disqualifying Event has, or will within 21 days of the notice of appeal, cease to exist; or F.15.4. the Disqualifying Event is a conviction imposed between 19th August 2004 and 5th June 2009 for an offence which would not have led to disqualification as a Director under Premier League Rules as they applied during that period; or F.15.5. the Disqualifying Event is a conviction which is the subject of an appeal which has not yet been determined and in all the circumstances it would be unreasonable for the individual to be disqualified as a Director pending the determination of that appeal. F.16. An appeal under the provisions of Rule F.13 shall lie to an appeal tribunal which shall hear the appeal as soon as reasonably practicable. The appeal tribunal shall be appointed by the Board and shall comprise 3 members of the Panel including a legally qualified member who shall sit as chairman of the tribunal. F.17. The chairman of the appeal tribunal shall have regard to the procedures governing the proceedings of Commissions and Appeal Boards set out in Section W of these Rules (Disciplinary) but, subject as aforesaid, shall have an overriding discretion as to the manner in which the appeal is conducted. D.12 D.13 D.15 D.16 D.17 D.18 113 PREMIER LEAGUE RULES: SECTION F

PREMIER LEAGUE RULES: SECTION F SECTION F: OWNERS’ AND DIRECTORS’ TEST F.18. The person or Club advancing the appeal shall have the onus of proof of the matters set out in the appeal on the balance of probabilities. F.19. If the members of the appeal tribunal are not unanimous the decision of the majority of them shall prevail. F.20. The appeal tribunal shall give written reasons for its decision. D.21 F.21. Members of the appeal tribunal shall be entitled to receive from the League a reasonable sum by way of fees and expenses. F.22. The appeal tribunal shall have the following powers: F.22.1. to allow the appeal in full; F.22.2. to reject the appeal; F.22.3. if it determines that a Disqualifying Event exists, to determine that the individual concerned should not be banned for that period during which they will remain subject to it and substitute such period as it shall reasonably determine, having regard to all of the circumstances of the case; F.22.4. to declare that no Disqualifying Event ever existed or that any Disqualifying Event has ceased to exist; F.22.5. to order the deposit to be forfeited to the League or to be repaid to the appellant person or Club; F.22.6. to order the appellant person or Club to pay or contribute to the costs of the appeal including the fees and expenses of members of the appeal tribunal paid or payable under Rule F.21. F.23. The decision of the appeal tribunal shall be final and binding on the appellant person and Club. Persons Prohibited by Law from entering the United Kingdom etc Old Rule F.24. No Person may acquire any Holding in a Club if, pursuant to the law of the United Kingdom or the European Union: F.24.1. he is prohibited from entering the United Kingdom; or F.24.2. no funds or economic resources may be made available, directly or indirectly, to or for his benefit. D.25 114 D.19 D.20 D.22 D.23 D.24

<strong>PREMIER</strong> <strong>LEAGUE</strong> RULES: SECTION F<br />

SECTION F: OWNERS’ AND DIRECTORS’ TEST<br />

F.18. The person or Club advancing the appeal shall have the onus of proof of the<br />

matters set out in the appeal on the balance of probabilities.<br />

F.19. If the members of the appeal tribunal are not unanimous the decision of the<br />

majority of them shall prevail.<br />

F.20. The appeal tribunal shall give written reasons for its decision. D.21<br />

F.21. Members of the appeal tribunal shall be entitled to receive from the League<br />

a reasonable sum by way of fees and expenses.<br />

F.22. The appeal tribunal shall have the following powers:<br />

F.22.1. to allow the appeal in full;<br />

F.22.2. to reject the appeal;<br />

F.22.3. if it determines that a Disqualifying Event exists, to determine that the<br />

individual concerned should not be banned for that period during which<br />

they will remain subject to it and substitute such period as it shall<br />

reasonably determine, having regard to all of the circumstances of the case;<br />

F.22.4. to declare that no Disqualifying Event ever existed or that any<br />

Disqualifying Event has ceased to exist;<br />

F.22.5. to order the deposit to be forfeited to the League or to be repaid to the<br />

appellant person or Club;<br />

F.22.6. to order the appellant person or Club to pay or contribute to the costs<br />

of the appeal including the fees and expenses of members of the appeal<br />

tribunal paid or payable under Rule F.21.<br />

F.23. The decision of the appeal tribunal shall be final and binding on the appellant<br />

person and Club.<br />

Persons Prohibited by Law from entering the United Kingdom etc Old Rule<br />

F.24. No Person may acquire any Holding in a Club if, pursuant to the law of the United<br />

Kingdom or the European Union:<br />

F.24.1. he is prohibited from entering the United Kingdom; or<br />

F.24.2. no funds or economic resources may be made available, directly or indirectly,<br />

to or for his benefit.<br />

D.25<br />

114<br />

D.19<br />

D.20<br />

D.22<br />

D.23<br />

D.24

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