Club Rules
Club Rules are important. They are mandatory for Accredited Clubs and they are essential in maintaining a transparent and fair club culture.
The FA does not have any set rules or requirements which specify that a Club must be one legal form or another, other than it cannot be a sole trader. It is a matter for each Club to determine the most appropriate legal form which is best for the Club based on its own circumstances.
The vast majority of Football Clubs in England are ‘Unincorporated Associations’ which in essence mean they are a Club for Members run by the Members with little or no outside control or regulation other than compliance with applicable football regulations.
Unincorporated associations are a group of individuals who are bound together by the constitution or rules of the Club.
As a consequence it is up to the Members of the Club to exercise their rights, powers and duties and where appropriate use their best endeavours to ensure that others conduct themselves so that the business and affairs of the Club are carried out in accordance with the Club constitution and the rules and regulations of the Football Association, County Football Association to which the clubs is affiliated and competitions in which the Club participates.
These Club Rules should be agreed and voted on by Club Members at an Annual General Meeting.
It is important that all Members are aware of the Clubs Constitution / Rules as these clearly define what a Club Member is, what the powers of the Committee are and how the Committee should conduct club business which includes the removal of Club Members.
The Football Association, County Football Association to which the club is affiliated and competitions in which the club participates have no power to regulate, intervene or rule on Club Committee decisions or Club business other than if it contravenes the rules and regulations of The Football Associations, County Football Association to which the clubs are affiliated or the competitions in which the club participates.
The exceptions to this are if a Safeguarding concern needs to be raised or suspected criminal activity is taking place.
FAQ's:
Q. What can the Club Members do if the Management Committee and / or fellow Club Members don’t follow the Club Rules?
A. If a Club Member wishes to complain about the conduct or behaviour of a fellow Club Member or Members of the Club’s Committee then they should in the first instance, follow the club’s complaint and / or appeals procedure. If the club fails to have a complaint and / or appeals procedure then the complaint should be put in writing to the Club Secretary.
Club Members can also propose an Extraordinary General Meeting although this must be supported by at least five other Club Members and put in writing to the Club Secretary.
The Football Association or parent County Football Association to which the club affiliates can not intervene or rule on any club business which includes complaint against other Club Members, Club Rules or Club procedures.
The exceptions to this are if a Safeguarding concern needs to be raised or suspected criminal activity is taking place.
If the concern is relation to Safeguarding and the danger is immediate then this must be reported to the Police or NSPCC immediately. If the concern is not immediate then in the first instance it should be brought to the attention of the Clubs Welfare Officer. If the Club Member is not satisfied with the response, then the Club Member should report their concern to the Designated Safeguarding Officer at the County Football Association to which the club affiliates or directly to the FA.
If the Club Member suspects criminal activity is occurring which is in relation to the Club and / or its members, then this must be reported to the Police.
Q. What if the Club Committee don’t follow the Club rules?
A. Members should review the Club Rules and identify any rules that relates to how decisions are made, approved and / or changed. Typically, in the absence of a rule to allow the membership to call an EGM, the rules should include a provision for a single member of the Management Committee to call an EGM.
Q. Can East Riding FA mandate a Management Committee (or individual members of the Management Committee) to rescind a decision?
A. East Riding FA (and the FA) functions to preserve the rules of the Football Association, not the rules of individual football clubs. Club members are responsible for challenging decisions using the powers afforded to them through the Club Rules (i.e an EGM / AGM).
Q. Can Club Members view the Clubs Financial records?
A. A Club shall keep accounting records for recording the fact and nature of all payments and receipts so as to disclose with reasonable accuracy, at any time, the financial position including the assets and liabilities of the Club.
The Club should prepare an annual “Financial Statement” which is verified by an appropriately qualified accountant and approved by Club Members at an Annual General Meeting.
There is no rule that’s states financial records should be produced on demand although the financial position of the Club should be recorded in the minutes of monthly Committee meetings. These minutes should then be published and made available to all Club Members.
If a Club Members alleges that there is a misappropriation of club funds or that there are discrepancies in the financial records, then they must in the first instance use the Clubs complaints procedure. If the Club Member is unsatisfied with the response, then they have 14 days to make an appeal to the Club Committee.
The Football Association and parent County Football Association to which the club is affiliated can on demand request a copy of the Club’s Financial Statement. The Football Association and County Football Association to which the Club affiliates though cannot investigate or make judgement on the Financial Statement provided.
Any allegations of fraud, misappropriation of club funds or inaccurate record keeping should be made to the police.
To assist clubs the FA have created a set of Club Rules which can be adopted. To achieve and maintain England Football Club Accreditation clubs must either adopt these Club Rules or evidence their own.