16. Failure To Comply

16.1 When the provisions above are not complied with, the player’s right to a Personal Hearing or to make a plea for leniency is forfeited and the Commission may deal with the reported misconduct on such evidence as is available.

16.2 Failure on the part of the player or his club secretary to discharge any of the requirements set out in this Memorandum may constitute misconduct, which may result in a further charge against the player, his club, or both.  (In any case, a late fine, currently £20, will be levied in addition to the original charge and a further seven days given to respond to the charge. Failure to respond within the seven days will result in a further Late Fine of £20 and the Club and Player being suspended after a further seven days until the provisions above have been complied with). Any punishment imposed for failure to comply will be limited to a financial penalty if the fault of the club, but may include suspension of the player where it is the player’s fault).

16.3 When dealing with compliance issues the Association must consider the following:

(a) Whether the player has responded to his club.

(b) Whether the club has failed to pass on his reply.

(c) Whether the club has informed the Association that the player has failed to respond.

(d) Whether the player has left the club.

17. Suspension Pending Misconduct Hearing

17.1 The appropriate Affiliated Association shall have the power, in consultation with The Football Association’s Compliance/Disciplinary departments, to order that an Official of a Club affiliated to or a Player registered with that Association, and not one associated with the 6 designated Leagues, shall be suspended from all or any specific activity for such period and on such terms and conditions as agreed by The Football Association and the Association considers appropriate (an “Interim Suspension Order”)

17.2 The Interim Suspension Order shall apply when the Club Official or Player has been charged by the Affiliated Association in relation to an alleged act of serious misconduct, or with a criminal offence, or by a League sanctioned by the Affiliated Association or the Football Association in connection with disciplinary action pursuant to relevant regulations of the League.

17.3 As soon as reasonably practicable notification of an Interim Suspension Order shall be advised to the Player and/or the Club and will be lifted when the charge of misconduct is dealt with by a Commission or the criminal charges are withdrawn or found not to have been proved.

18. Personal Hearing

(See also: General Provisions relating to Inquiries, Commissions of Inquiry, Disciplinary Commissions and Appeal Boards; and Disciplinary Procedures to be used at Personal Hearings before Commissions requested by Participants of Clubs and Clubs dealt with by County and Other Affiliated Associations).

18.1 The notification indicating a misconduct charge must inform the player of the right to request a Personal Hearing in respect of the alleged offence and must also indicate that in the event of the charge being proved there will be a liability to be ordered to pay all or part of the costs of the Personal Hearing, which costs may include a part of the overhead expenses of the Association attributable to the hearing. Similarly, in cases where the rules or regulations of the Association require the deposit of a fee for a Personal Hearing, (as determined by the Council - currently £100), at the time of such request the player must be informed that the fee is liable to be forfeited in full or in part if the charge is proved, in addition to any fine which may be imposed. In an unproved case neither a fee may be retained, nor may Commission costs be levied, either for a Personal Hearing or for any other “non-Personal Hearing” case. (Commission costs cannot be levied in cases where a player has been instructed to appear before a disciplinary commission).

18.2 Upon receiving a request for a Personal Hearing in respect of an alleged offence, the Association will appoint a Commission of not less than three nor more than five members to hear and adjudicate upon the charge. In the case of a player under the age of l8 years of age on the date fixed for the hearing, it shall take place either in the presence of a parent or guardian of the player or another appropriate adult.

18.3 Fines must not be imposed on children [Section 1.5(b)].  Any fine and administration charges arising out of misconduct by a child must be levied on the club.

18.4 The player, through his club secretary, must be given the date, time and venue fixed for the Personal Hearing and arrangements made for the attendance before the Commission of any witnesses in support of the charge, in particular the match official(s) on whose report the charge has been brought. At a Personal Hearing of a charge a Commission may adopt such procedures as it considers appropriate and expedient for the just determination of the charge brought before it. A Commission shall not be bound by any enactment or rule of law relating to the admissibility of evidence in proceedings before a court of law.

18.5 The person charged and the match official(s) concerned should be given a minimum 14 days’ notice of details of the Personal Hearing. Any written request to the Commission for a postponement of the hearing should be given consideration. If the reason submitted is considered valid, then a postponement should be granted, and in such circumstances costs may be charged. A request for a second postponement by the same party should not be granted.

18.6 If the charge is found not proved, any record of it will be expunged. If the charge is found proved the Commission will decide what punishment, if any, is to be imposed. In so doing, members of the Commission must consider the overall nature and effect of the offence(s) and the player’s previous record and any plea for leniency. If charging costs the Personal Hearing fee must be taken into account.

18.7 Except when an Appeal has been lodged, any fines or costs that are ordered must be paid before the expiry of 14 days from the date of the order. Failure to pay within such period is deemed to be misconduct punishable by censure, a further late fine and/or suspension as determined by a Commission. This second Commission shall have the power to consider the matter on 48 hours notice and the power to suspend for continuing non-payment. (In any case, a late fine, currently £20, will be levied in addition to the original charge and a further seven days given to respond to the charge. Failure to respond within the seven days will result in a further late fine of £20 and, after a further seven days, the Club and Player being suspended until the provisions above have been complied with.) The player and his club are jointly and severally responsible for payment of the fine and costs. The club shall take such action as may be necessary to recover any sum paid on the player’s behalf. The rules or regulations of an Association must provide for disciplinary action to be taken against a player who fails to reimburse his club in accordance with the Football Debt Recovery (Section 14) regulations approved by Council.

18.8 A Disciplinary Commission shall comprise members appointed by the Association. The appointed members of such Commissions shall have no previous personal knowledge of the events or any involvement with any of the participants concerned.

18.9 The decisions of Commissions are final and binding on all parties subject only to a right of appeal to The Football Association under the provisions of Football Association Rules.  The player and/or the club for which the player was playing at the time may appeal within 14 days of the sending of the decision notification.

18.10 The decision of the Association will be sent by first-class post or by e-mail to the secretaries of all clubs for whom the player is known to be currently playing and to the player’s home address if known. Each of these secretaries is responsible for informing the player of the decision.

18.11 The commencement date of any suspension imposed on a player is at the discretion of the adjudicating Commission, subject to the suspension starting on a Monday. Such date must allow for the 14-day period permitted for an appeal.

19. Football Debt Recovery

19.1 Associations are required to operate a system to collect football debts on behalf of Affiliated Clubs, Affiliated Leagues and Other Associations.

19.2 Football debts are defined as those costs arising directly from football activity, and as such would include disciplinary costs (e.g. fines), match costs (e.g. Match Fees), and playing expenses (e.g. pitch hire). Incidental costs (e.g. fund raising activities, Club Subscriptions) do not fall within the scope of Football Debt Recovery.

19.3 Associations may take action against individuals or groups of individuals. Individuals may be pursued where they are refusing to reimburse an individual club for a qualifying debt. Where a club has folded its qualifying debts may be apportioned against its registered members and officers, and action taken against them individually to recover the club’s debt. 

19.4 Where a club’s debts are apportioned to individuals they must then be treated as individuals, and any disciplinary action must not be linked to the recovery of the total debt.

19.5 It is incumbent on the creditor to take reasonable steps to recover the debt before asking their parent Association to take action. This would normally include approaching the debtor personally as well as contacting them in writing to seek payment.

19.6 The Parent Association should be approached as soon as it is clear there is a problem. In all cases this should be within 28 days of formal payment being requested, and 56 days of the debt being incurred.

19.7 Upon receipt the Association must immediately take steps to verify whether the debt is valid and notify the creditor and debtor of its decision.

19.8 Upon being satisfied that a qualifying debt exists the Association must apportion the debt on a pro-rata basis and notify the individual or individuals concerned. The Association may add an Administration Fee (not exceeding £8) to each individual’s pro-rata debt.

19.9 Upon being notified, an individual must pay the debt within 21 days of the issue of the notification letter or appeal in accordance with the appeal procedures. If payment or appeal is not received the individual will be suspended sine die until the debt is paid and he is notified that the suspension has been lifted. This suspension will commence from (and include) the 22nd day after the date the notification was issued.

20. Further Disciplinary Action

An Affiliated Association in formulating its Rules and Regulations for misconduct may adopt and include some or all of the following powers: -

20.1. To make an order that a club whose players are persistently found guilty of misconduct (a) Be censured and/or fined in accordance with the approved penalty point process (b) May have its affiliation suspended or cancelled

20.2. (a) Any other power approved in writing by The Football Association. (b) Any optional or alternative power granted to an Affiliated Association in accordance with Section 2(a) shall continue from year to year until such time as the approval is withdrawn. Such approval may be withdrawn by notice in writing from The Football Association given before 30th April, in any year.