42 Transfer Windows
42.1 The Summer Transfer Window shall commence either:
42.1.1 in respect of any application to register a Player who does not require clearance as described in Regulation 46.2 (International Transfer Certificate), at midnight on the last day of the immediately preceding Season (and for the purposes of this Regulation, those Clubs participating in Play-off matches shall be regarded as having completed their Season notwithstanding their participation in such Play-off matches, but this exception is subject always to Regulation 43.3); or
42.1.2 in respect of any application to register a Player that requires clearance as described in Regulation 46.2, at midnight on the date 12 weeks prior to the date on which it is to conclude (in accordance with Regulation 42.2 below).
42.2 Subject to Regulation 42.4, the Summer Transfer Window shall conclude as determined by the Board in accordance with Regulation 42.4 in each Season. The Board shall determine the time the Summer Window closes after consultation with the Premier League and Football Association.
42.3 The Winter Transfer Window in any Season shall:
42.3.1 commence at midnight on 31 December; and
42.3.2 shall end on 31 January next (at a time to be determined by the Board),
or at such other date and time as the Board shall determine in accordance with Regulation 42.4.
42.4.1 the Summer Transfer Window and/or Winter Transfer Window are scheduled to end other than on a Normal Working Day; and/or
42.4.2 the Board determines that the Winter Transfer Window shall commence at a date and/or time other than midnight on 31 December after consultation with the Premier League and Football Association,
then the Board shall also have the discretion to amend the time and/or date upon which the applicable Transfer Window(s) shall be deemed to end.
See the guidance under Regulation 43.8 about the EFL’s approach on deadlines.
42.5 Where the opening date of the Winter Transfer Window (whether in accordance with Regulation 42.3, or following a determination of an alternative date in accordance with Regulation 42.4) could (having regard to the operation of Regulation 43.8) result in some Clubs being unable to register Players for the round of League Matches scheduled on or around that opening date, but others would, then The League shall be entitled to withhold confirmation of registration (for the purposes of Regulation 43.8.2) until the next following League Match.
The purpose of this Regulation is to give The League an element of flexibility in its application. By way of example, in Season 2020/21 it was applied as follows:
the Winter Transfer Window in Season 2020/21 opened on 2 January 2021.
In the Championship division, Match round 23 was scheduled for 2 January 2021 and some fixtures were moved to 3/4 January 2021 to accommodate TV selections.
In order to ensure that all Clubs were treated equitably for Match round 23, the League withheld confirmation of registration for applications lodged on the morning of Saturday 2 January 2021, until after completion of match round 23, so Clubs selected for TV did not gain an advantage over the majority of Clubs who would play at 3pm on the Saturday.
43 Registration of Players
43.1 Unless otherwise permitted by Regulation 43.2, registrations of Players are only permitted during a Transfer Window.
43.2 Subject always to the provisions of Regulation 43.3, after the expiry of each Transfer Window in each Season registrations of Players and transfers of registrations will, except as permitted in Regulation 57, be declined or will only be approved:
43.2.1 where the Player is an Out of Registration Player;
43.2.2 where the Player was last registered as or is being registered as a Scholar or Academy Player (subject to such conditions by which the Club making the application and the Player shall be bound); and/or
43.2.3 if agreed by The League (including where the Player was last registered with a Club (or club) which has ceased to trade, including during the Closed Period) subject to such conditions as determined by The League and by which the Club making the application and the Player shall be bound.
43.3 Where any new registration or transfer of a Player is received by The League after 5pm on the fourth Thursday in March in each Season, that Player will not be eligible to play in any match organised by The League in that Season, except as permitted in Regulation 57.
The fourth Thursday in March is the traditional ‘transfer deadline day’ and remains in place to ensure Clubs cannot add to their squad for the final remaining fixtures of a Season thus impacting on the integrity of the competition in those final stages. This deadline is also used in other contexts – see for example the requirements on full strength sides in Regulation 24.1.
Academy Players will not be caught by this restriction in respect of non-first team matches. However, Clubs will not be permitted to register an Academy Player after this date and then utilise him in League Matches.
43.4 A Registered Player is one who has signed an appropriate registration form or forms and/or contract (such signature to be witnessed by a second person) and whose registration has been approved by The League. Notwithstanding the foregoing, only those Academy Players over the age of 15 years on 1 September in any given Season may play football for a Club’s first team in that Season, and then may only do so with the written permission of his Parent, his school’s head teacher and the approval of The League.
Registration of Players - FIFA Article 5.3 - Three & Two Rule
In accordance with FIFA Regulations a Player may be registered with a maximum of three clubs during one season. During this period, the player is only eligible to play in official matches for two clubs. As an exception to this rule, a player moving between two clubs belonging to different associations with overlapping seasons (i.e. start of the season in summer / autumn as opposed to winter/spring) may be eligible to play in official matches for a third club during the relevant season, provided he has fully complied with his contractual obligations towards his previous clubs.
Clubs are advised that domestically the above applies to all registrations except Non-League, Short Term and Youth Loans, although Foreign Associations may include these loans as counting towards the rule. Clubs should take this into account should a Player in these circumstances be considering a move to another Association, whether on a temporary or permanent basis. More detailed guidance is published on the Club Portal on a season by season basis – please refer to the Player Administration Section of the service.
43.5 No Player may play in any competition organised by The League unless and until his registration has been so approved.
A player’s registration will not be completed until all the required documentation, clearances and monies have been received by the League and found to be in order. Only the receipt by the registering Club of confirmation of registration will determine the eligibility of the Player to play in EFL Matches. International clearance and receipt of monies are not required prior to the deadline but must be received before the Player plays.
Once you have received confirmation of registration from the League please ensure your squad numbers are updated on iFAS via the Club Portal.
Clubs are also able to use iFAS on the Club Portal to check the availability of players for any fixture.
43.6 It shall be the responsibility of all Clubs playing in any competition organised by The League to ensure that all Players are so registered. Failure to do so constitutes misconduct.
Registration is now carried out via an online process through iFAS on the Club Portal. Only in rare cases will it be necessary to email registration documents to the EFL. If documents are sent via email Clubs will receive an automated response when emailing registration documents to firstname.lastname@example.org. If you do not receive this auto-acknowledgement, please notify the Player Administration department. The auto acknowledgement is not a confirmation of registration.
In the absence of confirmation by The League confirming a Player’s registration, clubs should always check a player's eligibility by telephone or via iFAS on the Club Portal. The penalties for playing an ineligible player can be severe – see Regulation 44.2.
43.7 An additional copy of the appropriate registration papers shall at the same time as a copy is despatched to The League be despatched to The Football Association.
It is imperative registration documents are also sent to, and you obtain confirmation of registration from, the Football Association. For those registration types that are completed online, the system manages that process for you. The reason is that it is the Football Association that is responsible for the application of any applicable FIFA Regulations (for example, confirming whether a player requires an International Transfer Certificate), and will also be able to advise on any ‘work permit’ requirements for overseas players. Separate guidance on those requirements (now known as Governing Body Endorsements) is published on the Club Portal on a season by season basis – please refer to the Player Administration Section of the service.
For Players requiring international clearance, please note that the FIFA Transfer Matching System operates with a strict deadline at the closure of each Transfer Window.
43.8 Subject to Regulations 43.2, 43.3, 43.9 and 57, a Player will only be eligible to play in a match organised by The League if:
43.8.1 the appropriate forms for his registration or the transfer of his registration (including, for the avoidance of doubt, Temporary Loan Transfers) are submitted (in such manner as the League shall specify from time to time) to and received by The League by 12.00 noon on the day prior to the date of such match; and confirmed by the League to be in order; and
43.8.2 in respect of any League Match to be played between the date for submission of the Squad List as determined in accordance with Regulation 43.9.4 and the end of the Season, the Player:
43.8.3 is included on the Squad List; or
43.8.4 is not required to be included within the Squad List in accordance with Regulation 43.9.2.
As indicated above, the majority of registration types are now required to be submitted via an online registration system which is shared between the EFL, Football Association and the Premier League.
Application of the Deadline
The League’s policy is that a Club will be deemed to have met the deadline if this office receives a completed copy of the appropriate registration form (G1/G2, H1, EFL6) or loan form (H4) in advance of the deadline determined by The League in advance of each Transfer Window. If the Player is a Contract Player, then a copy of the relevant completed parts of the Standard Contract must be received by the League either before the specified time or immediately following. A short application process has been created within the online registration system to enable this to happen as we approach the closure of each transfer window. Similarly, if a Player is transferring his registration with an agreement between a Transferor Club and a Transferee Club, a copy of such an agreement must be received by the League either before the specified deadline or immediately following. It is expected that any Standard Contract or transfer agreement must have been agreed before the deadline and that the only reason for any delay resulting in these being received immediately following the deadline is due to prioritising the transmission of the appropriate registration form or loan form. A Club will still be deemed to have met the deadline if, even after the deadline, amendments are requested by the League to correct errors or omissions in the documents already submitted, but both the League and the FA will not complete the registration of the Player until the amendments are provided and found to be in order.
A Club will still be deemed to have met the deadline for submission of documents even if the Intermediary forms and Representation Agreements are received after the deadline. The FA has also confirmed that they would accept these documents after the registration deadline but both the League and the FA will not complete the registration of the Player until the documents are provided.
International clearance and receipt of monies are not required prior to the deadline but must be received before the Player plays.
Clubs are asked in view of the number of documents received by this Office on transfer deadline days not to submit non urgent registrations, for example, registrations for players that are being upgraded and improved contracts.
Regulation 43.2.1: See also the guidance under the definition of Out of Registration Player. Unless otherwise agreed, Players registered at any level including on a Non-Contract registration are not deemed to have ‘out of registration player’ status if still registered during a Closed Period.
Regulation 43.2.2: Players being registered as an Academy Player (YD4, Scholar) are not subject to the same restrictions as an Out of Registration Player.
Regulation 43.2.3: is not intended to provide Clubs with the opportunity to register new players outside of the existing transfer windows and have those players eligible to play. The purposes of this Regulation is to deal with those exceptional circumstances which arise from time to time and conditions around ineligibility to participate in matches will be part of any conditions imposed.
A player registered on a Standard Loan in accordance with Regulation 55 at a Club may subsequently be permanently transferred to that Club at any time including during a Closed Period.
Academy Players will not be caught by these restrictions in respect of non-first team matches. However, the League reserves the right to impose restrictions on first team eligibility e.g. in circumstances where applications could be considered to be trying to register players who are ostensibly professional players as scholars (e.g. when 17 or 18) to avoid the application of transfer windows.
43.9 Squad Lists
43.9.1 Clubs shall be permitted to name up to a maximum number of Players in their Squad List based on the following provisions:
(a) in respect of Championship Clubs, 25 Players of which a minimum of 8 must be a Home Grown Player; and
(b) in respect of League One and Two Clubs 22 Players of which a minimum of 8 must be a Home Grown Player.
43.9.2 The following Players do not need to be included in the Squad List to be eligible to play in League Matches:
(a) in respect of Championship Clubs, any Under 21 Player (save for any Under 21 Player who is registered with the Club on a Temporary Loan Transfer); and
(b) in respect of League One Clubs and League Two Clubs:
(i) any Under 21 Players; and
Clubs are required to declare whether or not a Player is goalkeeper when submitting a registration application. Inaccurately declaring an outfield Player as a goalkeeper will constitute misconduct as a breach of the Club’s obligation to behave towards the League with the upmost good faith (as per Regulation 3.4).
Under 21 Players who are on Loan to Championship Clubs are counted towards the 25 Player limit for the purpose of the Squad List Regulation.
43.9.3 Each Club shall submit its Squad List to The League:
(a) within 24 hours of the conclusion of the Summer Transfer Window; or
(b) such other date and time as may be notified by the Board.
The inclusion of this power is to amend the deadline for submitting Squad Lists where the 24 hour deadline would impact on a weekend/bank holiday.
43.9.4 A Club shall apply to:
(a) include a Player on its Squad List; and/or
(b) remove a Player from its Squad List,
by submitting a request to that effect to The League (in such manner as The League shall direct from time to time).
All details to be uploaded via iFAS.
43.9.5 A Player shall be deemed to have been included or removed from a Club’s Squad List on receipt of The League’s confirmation of the same (which may be given electronically).
43.9.6 Changes to a Squad List may be made:
(a) during the period of a Transfer Window; and
(b) at other times only with the permission of The League.
Changes inside a Transfer Window
Changes to the Squad List can be made at any time during the Transfer Window.
Clubs do not need to apply to the EFL for approval to make the change, Clubs only need to make the changes via iFAS.
In order to be eligible for a League Match during the Winter Transfer Window, the Player (unless an exclusion applies) must be registered with the EFL and be included on the Squad List before the relevant League Match. The EFL recommends uploading the updated Squad List not less than 24 hours before the relevant League Match.
Changes outside of a Transfer Window
The League will only consider granting permission to make changes to the Squad List outside of a Transfer Window where:
· the Club’s current Squad List contains less than the maximum number of Players permitted to be included on the Squad List and the Club wishes to add an Out of Registration Player or another Player registered with the Club but not currently included on the Squad List, or
· in other truly exceptional circumstances.
43.9.7 The League will publish each Club’s Squad List and a list of all other Contract Players eligible to participate in League Matches but are not included on the Squad List, on the League’s official website within 7 days of the closing of a Transfer Window.
44 Breach of Conditions of Registration
44.1 Failure to comply with any of the conditions relating to a registration will render the Player ineligible to play for the Club concerned as not being a Registered Player.
44.2 Any Club playing an unregistered or ineligible Player in a League Match may have three points deducted from its score and/or be liable to such other penalty as a Disciplinary Commission may decide.
44.3 Any Club playing, in a match under the auspices of The League, a Player who is under suspension by The Football Association may have three points deducted from its score and/or be liable to such other penalty as a Disciplinary Commission may decide.
45 Types of Registration
45.1 The following types of registration are permitted by The League:
Full Contract Regulation 63
Non-Contract Regulations 59 and 60
Multiple Monthly Regulation 62
Standard Loan Regulation 55.1
International Loan Regulation 56
Emergency Goalkeeper Loan Regulation 57
Academies Regulation 61
Scholarship Scheme Regulation 61
The following documents are required for each particular registration. The online registration system will also advise if any further documents are required based on the circumstances of any particular case:
Standard Playing Contract
Registration Form G(1)/G(2) (but not required if you are lodging an updated contract for a player already registered for you)
Financial agreement or letter confirming that no fee is involved in the acquisition of the player’s registration
Confirmation that the Player is entitled to claim the status of ‘Out of Registration Player’ where applying to register outside a transfer window.
Bonuses (unless indicated on Schedule 2 of the standard playing contract that bonuses are not applicable)
Form IM1 (if applicable)
International Transfer Certificate (if applicable)
Standard Playing Contract
Transfer Form H1 (EFL/Premier League)
Registration Form G(1)/G(2) (if coming from any other club outside of the EFL or Premier League)
Bonuses (unless indicated on Schedule 2 of the standard playing contract that bonuses are not applicable)
Financial agreement or letter confirming that no fee is involved in the acquisition of the player’s registration
Monies including VAT and 5% levy - Regulation 51 refers (if applicable).
Form IM1 (if applicable)
International Loan/Transfer declaration form (if coming from abroad)
International Transfer Certificate (if applicable)
Copy of EFL Non-Contract Registration Form (EFL6)
Letter stating financial provisions
Confirmation that the Player is entitled to claim the status of ‘Out of Registration Player’ where applying to register outside a transfer window.
Bonuses (if applicable)
International Transfer Certificate (if applicable)
Multiplicity Registration Form G (1)/ G (2) – section b) to be completed
Bonuses (unless indicated on Schedule 2 of the contract that bonuses are not applicable)
Confirmation that the Player is entitled to claim the status of ‘Out of Registration Player’ where applying to register outside a transfer window.
Form IM1 (if applicable)
International Transfer Certificate (if applicable)
Monthly Contract (1st Month Only)
Registration Form G (1)/G (2)
Bonuses (unless indicated on Schedule 2 of the contract that bonuses are not applicable)
Form IM1 (if applicable)
International Transfer Certificate (if applicable)
Monthly Contract (2nd and Subsequent Months)
Monthly Registration Form G (1)/G (2) – section c) to be completed
Form IM1 (if applicable)
Contract not required unless terms are amended
Standard Loans (From EFL/Premier League/Non-League)
Standard Loan Form H (4)
Bonuses (if applicable)
Form IM1 (if applicable)
Financial Agreement and Loan Fee (if applicable)
Registration Form G (1)/ G (2) – Section (a) or (b) whichever is applicable
Bonuses (unless indicated on Schedule 2 of the contract that bonuses are not applicable)
Form IM1 (if applicable)
Declaration Form for International Loan/Transfer
Loan agreement between both clubs
International Transfer Certificate (if applicable)
Emergency Goalkeeper Loan
Temporary Transfer Registration Form EL
Bonuses (if applicable)
Independent medical certificates
YD4 (together with a Code of Conduct)
Copy of Birth Certificate or Passport (first registration only)
Proof of address (e.g. utility bill)
International Transfer Certificate (if applicable)
Registration Form G (4)
Bonuses (if applicable)
Birth Certificate/Passport (copy)
Compensation Agreement (if applicable)
Form IM1 (if applicable)
International Transfer Certificate (if applicable)
Loans to non-league clubs
H3 (for Standard Loan and Short Term Loan into non-league)
Youth Loan Form
Form IM1 (if applicable)
Standard Work Experience Form
Two Match Rule
Letter from parent club granting permission in accordance with FA Rule C.1(i)(i)(D)
45.2 The documents of registration and of transfer of registration of a Player must be in the forms prescribed and issued by The League and not otherwise.
45.3 A copy of those parts of these Regulations which are applicable must be handed to the Player at the time of signing.
No Club, Official or Player shall directly or indirectly make or offer to make any payment whatsoever in cash or in kind to Players or their families or any other person as an inducement to sign other than those provided for in these Regulations. Any Club, Official or Player in breach of this Regulation shall be guilty of misconduct.
46 Registration Forms
46.1 In order to register a Player the prescribed contract, registration form and/or transfer form signed on behalf of the Club by either the Chairman, club secretary or any duly appointed signatory must be sent to The League within five days of the Player's signature and are subject to the approval of The League. The receipt by the registering Club of confirmation of registration shall determine the eligibility (and the effective date of eligibility) of the Player to play in League Matches.
For the purposes of this Regulation, any other ‘duly appointed signatory’ (otherwise known as ‘Authorised Signatories’) must submit to the Owners’ and Directors’ Test.
Note, Regulation 63.3 provides that contracts can be signed by (a) the Chairman alone or (b) any other director and one other authorised signatory.
The EFL Board has previously confirmed (Season 2010/11) that irrespective of whether or not a Club is formally embargoed, the EFL reserves the right under this Regulation to decline the registration of a player in the event that the Club concerned has demonstrated that it is unable to meet its existing financial obligations. Whilst most liabilities are already specifically covered under the Regulations, there can be cases where Clubs have demonstrate an inability to meet their other debts as and when they fall due which are not directly covered by the Regulations, and if those Clubs were permitted to continue unfettered in the transfer market this could undermine the integrity of our competitions and the public reputation of the EFL as a whole. The prospect of declining registrations outside of an embargo is only seen as an exceptional event and will only be deployed when the EFL deems that the circumstances are unusual enough to require this course of action.
46.2 International Transfer Certificate. Any Player who last played (or was registered to play) for a club affiliated to a national association other than that to which the Club which is applying to register him is affiliated shall not be eligible to participate in a match played under the auspices of The League unless The League has received written confirmation from the Club’s national association that an international transfer certificate has been issued in respect of the Player in accordance with the requirements of the Football Association. This includes any Player returning from a period on loan at a club affiliated to a national association other than the Club to which the Player is returning.
46.3 In addition to the forms and documents specifically required by these Regulations, a Club shall submit to The League:
46.3.1 any contract it proposes to enter into which gives the Club or any other party to the proposed contract any rights relating to the transfer of the registration of a player at a date in the future from or to the Club or any rights relating to the employment of the player by the Club; or
46.3.2 any contract it proposes to enter into which gives the Club or any other party to the proposed contract the right to receive payments in respect of a Player.
Any such proposed contract shall be subject to the approval of The League. In deciding whether to give such approval The League shall have regard to (without limitation) Section 10 of these Regulations.
The EFL has in the past made a number of determinations in the context of whether to grant approval or not under Regulation 46 both in the context of this Regulation, but also considering the application of Regulations 50 and 115. The following examples are offered as guidance but each such application will be considered on its own merits at the applicable time:
Options to acquire Players. The EFL will permit a Club to conclude an option to transfer a player at a date in the future, provided that it is subject to the consent of the player at the time of the exercise of the option, prior approval in accordance with Regulation 46.3 and it being with a club or Club in a different Division. In addition, the EFL will allow Clubs and a player entering into a standard loan to include an option to acquire the player permanently at some future date, to include agreements between the new Club and the player binding them to a standard contract if the option is exercised.
Buy-back clauses. The EFL do not accept buy back clauses in financial agreements, however, it is acceptable to have an option to match any offer that another club makes for that player.
46.4 No Image Contract or other agreement entered into by a Club may vary or affect the rights and obligations set out in clause 4 of the Standard Contract.
The EFL will only object to any such clause where the amendments affect the rights granted to, or the obligations owed to the EFL (as such clauses will vary Club / Player obligations).
46.5 An application to register a Player shall be accompanied by such evidence as the League may require to demonstrate that the Player may take up employment in the United Kingdom, and the League shall not confirm that he is eligible to play for the Club applying to register him until the League has received such evidence.
In addition to any requirement for an International Transfer Certificate, Clubs should consider whether an overseas player has a right to work in the UK without further permissions. As a general rule, players from outside the United Kingdom or European Economic Area will require a Governing Body Endorsement from the Football Association. Separate guidance on those requirements (now known as Governing Body Endorsements) is published on the Club Portal on a season by season basis – please refer to the Player Administration Section of the service.
46.6 Where the Player does not have the right to take up employment during the period of the proposed registration, the League has the power to determine whether to permit the application for the registration of the Player (for the purposes of then allowing the Player to go out on Temporary Loan transfer in accordance with Regulation 54.5) or not. In considering any such application to register the Player, the League shall have regard to all the circumstances of the case including but not limited to the likelihood of the Player acquiring the right to take up employment in the United Kingdom during the period of the proposed registration.
46.7 Any Contract Player whose registration is cancelled or who is released by his Club on the grounds of permanent disability shall not be registered for any other Club without the prior consent of the Club which last held his registration. Any Contract Player who has received the Permanent Total Disablement Payment from the Personal Accident Insurance Scheme shall not be registered for any Club except in exceptional circumstances with the consent of the Board.
47 General Provisions Relating to Player Transfers
47.1 Transfers within The League and with The Premier League. All Transfers of registration of Contract Players whether between two League Clubs or to or from a Premier League club shall be dealt with by The League in the manner hereinafter specified in the following Regulations. In such Regulations and elsewhere in this Section 6 where reference is made to transfers between Clubs, unless the context otherwise requires, references to a Club or Clubs shall be taken to include reference to Premier League clubs.
47.2 Transfers of a Contract Player whilst under Contract. During the currency of a contract of a Contract Player the transfer of his registration from Transferor Club to a Transferee Club must be by writing on the prescribed form in which shall be set out full particulars of all financial and other arrangements agreed between the Transferor Club and the Transferee Club and which shall be signed by a properly authorised Official of each of the two Clubs concerned and forwarded to The League for approval and registration together with a copy of the Standard Contract (as defined in Regulation 63.2) with the Transferee Club. The Transferee Club must comply with Regulation 49. Such Contract Player does not become a Registered Player of the Transferee Club seeking his transfer until the Club has received from The League a confirmation of registration and will not be eligible to participate in matches until the date set out in the confirmation, such date to be determined by The League in accordance with the provisions of Regulation 43. The registration of a Contract Player released by his Club or by the Board shall be automatically cancelled, without prejudice to the retention of compensation rights where permitted by these Regulations. In the case of a Player whose registration is cancelled for any reason whatsoever the Club must notify The League immediately in writing. It is the responsibility of the Club seeking the transfer of a Player to have satisfied itself as to the Player's fitness.
See the guidance to Regulation 45.1 for details of what forms are required on the registration of the transfer of a player’s registration.
FIFA Regulations prohibit the inclusion of clauses into a contract of employment which seek to make the transfer conditional on (a) a Governing Body Endorsement or (b) a successful medical. However, Clubs may wish to include provisions stating that any transfer agreement is subject to the agreement being registered by the EFL and the player being confirmed as eligible to play for your Club.
47.3 Transfer of a Non Contract Player. A Non Contract Player is transferred by cancelling his registration form and by re registration by his new Club. Any cancellation of a Non Contract Player's registration must be notified to him in writing within seven days and The League similarly informed.
47.4 Retention of registration. Clubs shall not transfer The Football Association registration whilst retaining The League registration of any Player without informing The League.
This can be avoided by ensuring that any and all registration forms for players (including Scholars but not any other Academy Players) are lodged with both the FA and the EFL at the same time in accordance with the requirements of Regulation 43.7.
47.5 A Player whose registration is permanently transferred by a Club, or whose registration is cancelled for the purpose of joining any other Club, shall not subsequently be re-registered for the original Club within a period of twelve months from the date he left that Club, except with the prior consent of The League. However, a Player whose registration is permanently transferred may return to his original Club (provided that Club is a Member Club) within twelve months on a Standard Loan transfer in accordance with the provisions of Regulations 54 to 56 provided the circumstances of such an arrangement receives the prior written approval of The League, such approval not to be unreasonably withheld.
To ensure that sale and loan back arrangements cannot be construed as financial support from one club to another, the EFL will require the Club selling the player and then taking him back on loan to contribute towards the players’ basic wage to a level at least equivalent to that which was payable under his standard contract prior to the transfer.
48 Conditions of Transfer
48.1 The terms and conditions of all transfers of registration including a copy of the agreement referred to in Regulation 47.2 must be forthwith submitted to The League. Similar details must be received in respect of all Players signed for a fee from abroad. All transfer arrangements in respect of Contract Players are subject to the approval of the Board. Transfers shall not be registered until The League is satisfied that any Transfer Fee or Compensation Fee due at the time of registration has been paid or its payment adequately secured.
Clubs cannot have any form of agreement pursuant to which the Player is unable to play against the Club he has transferred from. Such clauses are only permissible in loan agreements in accordance with Regulation 54.8.
Any dispute between two EFL Clubs will be referred to arbitration in accordance with Section 9 of these Regulations. Any disputes between Clubs in different Leagues in the English pyramid should be referred to arbitration under FA Rule K. Any dispute between Clubs in different National Associations (with the exception of the Welsh Clubs playing in the English pyramid) should be referred to FIFA.
48.2 This Regulation also applies to any proposed amendments to transfers which have already been completed and registered.
48.3 Subject to Regulation 52.1, Transfer Fees, Compensation Fees and Loan Fees shall be treated as private and confidential.
49.1 When applying to register any Player a Club shall, at the same time and in addition to the documents required to be lodged in accordance with Regulation 46.1, send to the Secretary at the Office in writing the following information:
49.1.1 whether the registering Club (and, where applicable, the Club (if it is a Member Club) that last held the Player’s registration (the ‘Player’s Former Club’)) used the services of an Intermediary(ies) and, if any, the identity of any Intermediary(ies);
49.1.2 whether the Player used the services of an Intermediary(ies) and, if any, the identity of that Intermediary(ies);
49.1.3 confirmation as to all amounts paid, either directly or indirectly, by either the registering Club or the Player’s Former Club (if it is a Member Club) to any Intermediary(ies) acting in respect of the matter; and
49.1.4 whether either the registering Club or the Player’s Former Club (if it is a Member Club) has or is intending to reimburse the Player and or the other Club in respect of any Intermediary fees paid by or which are the responsibility of the Player or the other Club.
Submission to The League of FA Form IM1 and/or IM1/NR will be deemed acceptable for the purposes of complying with Regulation 49.1.
49.2 All information required to be disclosed in accordance with this Regulation shall be submitted in the form prescribed by The League from time to time. That form must be signed:
49.2.1 by the Player; and
49.2.2 by or on behalf of both the registering Club and, where applicable, the Player’s Former Club (if it is a Member Club) by their respective Chairman, Club Secretary or any other duly appointed signatory.
49.3 Failure on the part of any Club, Official or Player to comply with the provisions of this Regulation 49 or to provide false information to The League shall constitute misconduct.
Clubs paying an Intermediary on behalf of a Player (either as a P11D payment or a deduction from net salary) must insert the details in his Contract or in the Standard Loan agreement.
Clubs should consider what conditions apply to such payments – for example, are they conditional upon the player still being employed by the Club at the due date for payment?
50 Prohibition of Third Party Investment
50.1 Unless otherwise agreed by the Board and subject to Regulation 50.2, a Club may only make or receive a payment or incur any liability as a result of or in connection with the proposed or actual registration (whether permanent or temporary), transfer of registration or employment by it of a Player in the following circumstances:
50.1.1 by payment to a Transferor Club or receipt from a Transferee Club of a Compensation Fee, Loan Fee, Transfer Fee, Sell-On Fee and/or any other subsequent payments which become due under the terms of any transfer;
50.1.2 by payment of levy pursuant to Regulations 51.2.9 or 51.2.11;
50.1.3 by receipt of all or part of a Compensation Fee, Loan Fee, Transfer Fee, Sell-On Fee and/or any other subsequent payments which become due under the terms of any transfer, in default of payment of it by the Transferee Club from which it is due, from:
(a) a Financial Institution or other guarantor; or
(b) The League in accordance with the provisions of these Regulations; or
(c) the Premier League in accordance with the provisions of the rules of the Premier League;
50.1.4 by way of remuneration (including benefits in cash or kind and Image Contract Payments) to or for the benefit of a Contract Player whose registration it holds;
50.1.5 by way of an allowance permitted by Youth Development Rule 280, to a Scholar with whom it has entered into a Scholarship Agreement;
50.1.6 by way of payment to an Intermediary provided that such payment is made in accordance with the Football Association’s Regulations on working with Intermediaries;
50.1.7 by payment of incidental expenses arising in respect thereof;
50.1.8 by payment or receipt of training compensation or solidarity payment pursuant to the FIFA Regulations for the Status and Transfer of Players and any other levies or payments payable to or by a Club pursuant to the statutes or regulations of FIFA or any other football governing body from time to time, or otherwise properly due to or from such a governing body;
50.1.9 by payment of Value Added Tax payable in respect of any of the above payments or liabilities; and
50.1.10 in the case of a Transferor Club, by assignment of its entitlement to a Compensation Fee, Transfer Fee or Loan Fee to a Financial Institution.
Clubs should contact the Player Administration Department should they wish to assign any entitlement to a Financial Institution. Whilst Clubs are automatically entitled to enter into such transactions with Financial Institutions (as defined) the EFL will require approval of all relevant paperwork and will need to issue appropriate consents prior to completion of the transaction. This will include a requirement that the Financial Institution does not further assign its rights under the arrangement without the prior approval of the EFL, to avoid the possibility of the Club being bound to an arrangement with an entity that doesn’t meet the Regulations.
The Club must also obtain the prior approval of the Football Association in accordance with the requirements of the FA Third Party Interest in Player Regulations (and in particular Regulation B.1.7).
50.2 In respect of a player whom it applies to register as a Contract Player, a Club is permitted to make a payment to buy out the interest of a person or entity who, not being a Club or club, nevertheless has an agreement either with the club with which the player is registered, or with the player, granting it the right to receive money from a new Club or club for which that player becomes registered. Any such payment which is not dependent on the happening of a contingent event may be made either in one lump sum or in instalments provided that all such instalments are paid on or before the expiry date of the initial contract between the Club and the player. Any such payment which is payable upon the happening of a contingent event shall be payable within seven days of the happening of that event.
51 Transfer/Compensation Fees Method of Payment
51.1 All Transfer Fees, Compensation Fees and instalments thereof and any subsequent payments which become due under the terms of the original transfer shall be paid direct to The League for immediate onward transmission, where appropriate, to the Transferor Club. Prior to such onward transmission they shall not be paid into the Pool Account but held in a separate Transfer Fee Account.
Clubs should ensure funds are received by the EFL prior to 2:30 p.m. to enable this office to forward the monies on. Failure to meet this requirement may result in the Club being deemed to have missed the payment date resulting in fines and/or embargo in accordance with the remainder of this Regulation.
See also Regulation 51.2.7 in respect of payments due to Clubs relegated into the National League, and Regulation 51.2.8 in respect of amounts due to foreign clubs (excluding those Welsh Clubs participating in the EFL or Premier League).
51.2 The following provisions shall apply in relation to Transfer Fees, Compensation Fees and instalments thereof and any subsequent payments which become due under the terms of the original transfer:
51.2.1 A percentage of the Transfer Fee or Compensation Fee negotiated between the Clubs, plus VAT at the appropriate rate on the total fee shall be paid to The League, by means of electronic transfer or by such other means as the Board may prescribe, before any transfer may be registered. Any balance outstanding must be paid to The League in accordance with the financial agreement within the negotiated timescale agreed between the Clubs. The Transfer Fee or Compensation Fee must be paid within the period of the Player's contract with the Transferee Club. In the event of the Player's registration being transferred or cancelled prior to such payments being completed, the balance outstanding becomes payable immediately and any amount paid into the Transfer Fee Account which is due to the original Transferee Club in respect of the onward transfer will be used first to reduce the balance owed to the original Transferor Club.
Instalment Reminders - out of courtesy, and where possible, the EFL will send reminders that instalments are due. However, the onus is on the Club to ensure payment is made on time.
51.2.2 When a Transferee Club signs a Player under the provisions of Regulation 67 and an agreement is not reached on the amount of compensation payable, the Transferee Club must immediately pay to The League a deposit of not less than 50% of the Compensation Fee offered. Within 48 hours of the Compensation Fee being determined the Transferee Club must pay any balance of the 50% to The League.
51.2.3 If a Club is in default of payments due to another Club (or club) under a transfer or compensation agreement the Club shall be subject to a registration embargo such that it shall not be permitted to register any Player with that Club without the prior written consent of The League until such time as the agreement is honoured.
51.2.4 If a Club is in default of any Transfer Fee and/or Compensation Fee and any subsequent payments which become due under the terms of the original transfer to another Club only:
(a) The League shall also apply any Transfer Fee and/or Compensation Fee proceeds received for transmission to the defaulting Club, together with any payment of monies which would otherwise be payable to the defaulting Club, in settlement of the defaulting Club's overdue Transfer Fee and/or Compensation Fee commitments to any other Club or Clubs pro-rata; and
(b) the defaulting Club shall pay interest to the other Club at the rate of 5 per cent per annum over Barclays Bank base rate in force from time to time calculated on a daily basis, on the outstanding sum from the due date to the actual date of payment to the other Club.
51.2.5 For avoidance of doubt, where any transfer agreement includes a provision for any payment to be made on a day other than a Normal Working Day then, unless otherwise expressly stated to the contrary in that transfer agreement, the payment shall be deemed to fall due to the Transferor Club on the immediately preceding Normal Working Day and the Transferor Club shall be entitled to claim payment on that date.
51.2.6 In the event of default as described in Regulations 51.2.3 or 51.2.4 in addition and without prejudice to the provisions of Regulations 51.2.3 and 51.2.4:
(a) The League shall have the power to impose a fixed fine under Regulation 87 and 50% of the fixed fine payable by the defaulting Club shall be paid to the Club(s) to which an overdue amount was payable (on a pro-rata basis if more than one Club);
(b) The League shall have the power to refer the matter to a Disciplinary Commission to impose such penalties upon the defaulting Club by way of reprimand, fine whether fixed or otherwise, embargo on registrations, deduction of points, suspension, recommend expulsion (subject to Regulation 93) or other penalty as they may think fit under the circumstances; and/or
(c) the provisions of Regulation 51.6 shall apply.
51.2.7 Any Club which owes Transfer Fee and/or Compensation Fee monies to a Club which joins The National League on losing League status under the provisions of Regulation 9.3 or joins The Premier League must continue to pay the monies due via The League or face such penalty or penalties as described in Regulations 51.2.3 and 51.2.6 above, but in the case of a receiving Club joining The National League, this provision will cease to have effect 24 months from such date.
51.2.8 An agreement for an international transfer shall provide that the Transfer Fee and/or Compensation Fee, instalments thereof and any subsequent payments payable to the Transferor Club shall be paid (together with any Value Added Tax payable in respect thereof) to the Football Association by electronic transfer (or by such other means as The League may from time to time direct) for payment to the Transferor Club in accordance with Football Association Rules.
51.2.9 When the registration of a Contract Player is transferred whether during the period of his contract or after the expiry of his contract the Transferee Club shall pay to The League a levy equal to 5% of the Transfer Fee or Compensation Fee as applicable. Such levy shall be paid to The League at the same time as the payment to be made pursuant to Regulation 51.2.1 (or Regulation 51.2.2) and shall comprise 5% of the whole of the Transfer Fee or Compensation Fee payable. Such levy shall not be deductible from the Transfer Fee or Compensation Fee. A Club shall also pay a levy equal to 5% of any transfer fee or compensation fee in respect of any:
(a) player signed from abroad as a Contract Player (other than in respect of any element of the fee which relates to Training Compensation which would otherwise have been payable under Article 20 of the FIFA Regulations, if any);
Compensation Fees - Clubs are advised that any element of the fee which relates to Training Compensation which would otherwise have been payable under Article 20 of the FIFA Regulations must be clearly identified in any financial agreements, otherwise Clubs will be liable to 5% Levy on the whole amount.
(b) player signed from the Premier League, the Scottish Professional Football League, the Irish Football League and FAI National League as a Contract Player;
(c) payment made in accordance with Regulation 50.2; and
(d) any additional payment(s) made under the terms of any of the foregoing.
51.2.10 The proceeds of the levy less the expenses of The League, will be used to finance the benefit plan for Players. Should the proceeds exceed the premium payable to the pension plan in any year the surplus will be added to the Professional Game Youth Fund (being the fund which makes payment of grants to those Clubs (and clubs) operating Academies in accordance with the Youth Development Rules).
51.2.11 In addition to the levy specified in Regulations 51.2.9 The League shall deduct from each Transfer Fee or Compensation Fee received by it a levy equal to 5% of such Transfer Fee or Compensation Fee. All deductions will be paid to and administered by The Football Foundation in accordance with arrangements agreed between The League and the Foundation from time to time. These provisions shall not apply to any Club whose ground meets the requirements of Lord Justice Taylor's Report as amended by subsequent legislation or as agreed between The League and The Football Foundation.
51.2.12 The Board shall have the power to reduce the levy payable by Clubs in accordance with Regulations 51.2.9 from 5% to 4% by written notice to Clubs. Regulation 2 shall not apply to any such notification.
51.2.13 For so long as the Board has (in accordance with the provisions of Regulation 51.2.12) implemented a reduction in the levy payable in accordance with Regulation 51.2.9 from 5% to 4% then the Transferee Club shall pay to The League an additional 1% of the Transfer Fee or Compensation Fee as applicable (calculated in the same manner as set out in Regulation 51.2.9) ('Youth Development Levy'). The Youth Development Levy shall be paid to The League at the same time as the payment to be made pursuant to Regulation 51.2.1 (or 51.2.2). The Youth Development Levy shall not be deductible from the Transfer Fee or Compensation Fee. For the avoidance of doubt, the Youth Development Levy shall also be paid by the Transferee Club in respect of Players signed from abroad, and in respect of Players signed from the Premier League, the Scottish Professional Football League, the Irish Football League and FAI National League. The Youth Development Levy shall also be paid in respect of any additional payment made under the terms of any transfer/compensation agreement. The proceeds of the Youth Development Levy shall be allocated on such terms as the Board may determine between those Clubs meeting the requirements of the Youth Development Rules promulgated in accordance with the provisions of Regulation 61.
51.2.14 Where a Transferee Club registers a Player and the relevant consideration tendered by the Transferor Club includes the registration of another Player or some other form of non-financial consideration or value-in-kind, the Transferee Club and Transferor Club shall attribute a financial value to the Player(s) transferred, which shall be noted in the Transfer Agreement(s), and upon which a levy calculated in accordance with the provisions of this Regulation shall be paid in each case.
Where in the case of a proposed Player exchange of the type referred to in Regulation 51.2.14, above, the League is of the view that the financial value attributed to either of the Players is materially below that Player’s true transfer value (with the effect that a reduced sum is payable by way of levy), the League will request that the Transferor Club(s) restate(s) the declared transfer value and may exercise its power under Rule 46.1 if necessary (‘all transfer arrangements in respect of Contract Players are subject to the approval of the Board’).
51.3 All payments under this Regulation shall be paid to The League's Transfer Fee Account by electronic transfer or by such other means as The League may prescribe.
51.4 In all such cases of Transfer Fees, Compensation Fee and any subsequent payments which become due under the terms of the original transfer the Transferor Club shall submit to the Club a VAT invoice within seven days of such payment becoming due.
51.5 If a Transferor Club assigns its entitlement to a Transfer Fee, Compensation Fee or Loan Fee instalment pursuant to Regulation 50.1.10:
51.5.1 it shall procure by means of a legally enforceable agreement that monies payable by virtue of the assignment are paid into the Transfer Fee Account by the assignee; and
51.5.2 it shall irrevocably and unconditionally instruct the Transferee Club to pay such monies to the assignee upon their becoming due.
See also the guidance notes to Regulation 50.1.10. Any Sell-On Fee(s) due to a third party club will be deducted and withheld by the EFL and then paid out on the original due date unless instructed by the Club accelerating the monies to make payment at that time. If the Player is transferred prior to the date due, this office will forward the outstanding monies at the time of transfer.
51.6 Without prejudice to any other powers or restrictions set out in these Regulations or as may be ordered by a Disciplinary Commission, where any Club defaults on payment of any amounts:
51.6.1 due to any other Club (or club) (including but not limited to any Transfer Fee, Compensation Fee, Loan Fee, other contributions due pursuant to the terms of any Temporary Loan Transfer, or any subsequent payments which become due under the terms of any original transfer(s), ticket monies, or other payments pursuant to the terms of any other agreement); and/or
51.6.2 covered by Article 48.1.5 (football creditor claims of full time or former full time employees for arrears of remuneration due up to the date of termination of employment),
for a period of 30 days (whether one default of 30 days, or a number of individual defaults which when taken together amount to 30 days) or more in any 12 month period (1 July to 30 June) (‘Persistent Default’) then that Club shall not be permitted to pay or commit to pay any Transfer Fee, Compensation Fee or Loan Fee or any other form of payment (other than a sell on fee) in respect of the registration of any Player during the period:
(a) commencing on the date on which the Persistent Default occurred; and
(b) ending at the end of the next following Season.
The EFL monitors overdue payables in respect of Transfer / Compensation / Loan Fees, but not other amounts payable as between Clubs (and clubs). Accordingly, the EFL will act on the basis of complaint in respect of matters such as loan wages, ticket monies, and other payments.
Unless otherwise specified in writing in the loan agreement, the EFL will work on the principle that loan wages are due no later than 14 days from the issuing of an invoice.
Clubs are encouraged to ensure that loan agreements include clear provisions regarding the dates on which loan wages will be invoiced and/or payable, to ensure that the provisions of this Regulation can be applied appropriately in the event of default.
Examples of what are considered to be ‘other agreements’ in Regulation 51.6.1 could include compensation agreements relating to managers / coaching staff.
Finally, in the context of default in payment of wages to employees, the number of days of arrears will not ordinarily be multiplied by the number of employees affected.
51.7 Membership of the League shall constitute an agreement between each Club that they shall not make or continue any claim (to FIFA, the Football Association or any other relevant regulatory body of football and/or any judicial bodies exercising jurisdiction pursuant to any rules thereof) under Article 20 (Training Compensation) and/or Article 21 (Solidarity Mechanism) of the FIFA Regulations on the Status and Transfer of Players in relation to movement of players between:
51.7.1 Clubs (or clubs) affiliated to the Football Association; and
51.7.2 Clubs (or clubs) affiliated to the Football Association of Wales but which participate in leagues sanctioned by the Football Association.
51.8 Any Club that makes or continues any claim (including any claim made prior to admission into membership of the League) in breach of the agreement set out in Regulation 51.7 shall indemnify those Club(s) or club(s) that are the subject of the claim against any liability imposed by FIFA, the Football Association or any other relevant regulatory body of football and/or any judicial bodies exercising jurisdiction pursuant to any rules thereof).
52 Fees Payable on Appearances etc.
52.1 A Transferor Club shall within seven days of the date of such transfer provide to any previous Club(s) (and or Premier League Club(s)) with which that Player was registered and which has a right to a Sell-On Fee as part of the Transfer Fee or Compensation Fee in respect of any transfer of that Player (in this Regulation the ‘Previous Club(s)’) full details of all amounts paid or due to be paid to the Transferor Club. A Previous Club shall not at any time disclose or divulge either directly or indirectly any information provided to it to any third party without the prior written consent of the Transferor Club save to statutory and regulatory authorities or as may be required by law or to its auditor.
52.2 Unless stated to the contrary, a sell on clause in an agreement between a Transferor Club and Transferee Club (Member Clubs only, and not any other clubs) entered into after the 1 July 2015 shall be construed in such a manner as to ensure that any Loan Fees received by that Transferee Club shall be included in the amounts received (or equivalent provision) for the purposes of calculating the amounts due to the Transferor Club under the sell on clause (if any).
The EFL has issued separate guidance on the wording of sell on clauses. Please refer to the Player Administration section of the Club Portal for copies of the latest guidance. However, in summary Clubs are reminded that any Sell-On Fee contained within a Financial Agreement will be calculated on the basis that the excess is split based on taking the percentage of the surplus and paying it to the third party in line with the proportion of the payment received by the selling club.
Clubs are free to negotiate an alternative Sell-On Fee arrangement (for example, the third party club receiving their Sell-On Fee in full on transfer or the selling club recouping their monies prior to the third party club receiving any of their monies).
52.3 Where, on the transfer of a Player, provision is made for the payment of further sums on the happening of certain specified events (e.g. after the Player has made a certain number of First Team appearances) it shall be the duty of the Transferee Club to inform both The League and the Transferor Club that the specified events have happened. Unless otherwise specified in the written agreement between the two Clubs, the Transferee Club shall pay to The League within 14 days of the specified events happening the sums of money then due both to the Transferor Club and to The League. Any such payment cannot be deferred beyond 31 July following the end of the Season in which the event happens. The League shall forthwith on receipt of such sums pay the amount due to the Transferor Club.
The EFL can only apply fines for late payment and/or apply embargo to a defaulting club (see Regulations 51.2.3 & 51.6), if Clubs send copies of all invoices to The League. All such invoices should be sent to email@example.com.
52.4 In the case of an International Transfer the Transferee Club shall inform the Transferor Club in writing that the specified events have happened and within 14 days pay such sums due in accordance with Regulation 51.2.8.
53 Non-payment to Players
53.1 If following written notification from the Professional Footballers’ Association, a Club is found to be in default of any payment due in accordance with a Player's contract or payment in consequence of termination of such contract, The League may place an embargo on any transfer of any registration by such Club until the payment is made.
Clubs in default of payments to players will ordinarily be subject to an embargo. The EFL does recognise there are cases where payment may well be in dispute, but expects the matter to have been referred to a Player Related Dispute Commission in accordance with Regulation 73 for resolution to avoid the imposition of the embargo.
54 Temporary Loan Transfers
54.1 Only Contract Players may sign for another Club (or club) on a Temporary Loan Transfer or Emergency Goalkeeper Loan. In any event:
54.1.1 any Player registered on a Standard Loan, International Loan, an Emergency Goalkeeper Loan; or
54.1.2 any player registered on any other form of loan at a club,
may not sign for any other Club (or club) during the period of the respective loan.
As stated in this Regulation, only players registered as a Contract Player can be sent on temporary loan transfers. Scholars, Non-Contract players and Academy Players may not go on loan. However, pursuant to FA Rules, players registered as Scholars can go out on ‘Work Experience’. The Player may continue to train and play for either the Parent Club or the Work Experience Club (or club) in any age-restricted or reserve team match or in any match in the football pyramid below the English Football League. Any Player on Work Experience is not eligible to play in any first team games in the English Football League (see FA Rule C.3(a)(v)).
Contract Players (but not Scholars) may also be registered for another Club (or club) under the FA ‘2 match’ rule but will not be eligible to participate in any matches for the parent club whilst transferred for those two matches, and can only participate in non-first team matches for the Club (or club) at which they are registered (see FA Rule C.1(i)(i)(D)).
Similarly, notwithstanding the provisions of Article 10(3) of the FIFA Regulations on the Status and Transfer of Players, any player already registered on loan (standard or international loan) may not go out on a sub-loan.
54.2 The Temporary Loan Transfer of a Contract Player shall only be approved for a defined period (which must begin and end within the period of the Contract Player’s registration with the Transferor Club and, subject to Regulation 54.5.3 below, may not extend beyond the end of the Season in which the Temporary Loan Transfer commences) and is subject to the conditions of such Temporary Loan Transfer being known to the Contract Player and approved by The League prior to registration with The League.
54.3 Temporary Loan Transfers shall only be accepted on the prescribed form a copy of which shall also be supplied to The Football Association. The provisions of Regulation 47 shall not apply to such transfers.
As per the guidance to Regulation 45.1, the relevant form is Form H4.
54.4 The following restrictions shall apply to Temporary Loan Transfers:
54.4.1 A maximum of 5 Players registered on a Temporary Loan Transfer can be named in the Players listed on a Team Sheet for any individual match played under the auspices of The League. This maximum shall reduce to 4 Players where a Club names a Player on the team sheet who is registered on an Emergency Goalkeeper Loan;
54.4.2 No Club may sign more than 4 Players on a Temporary Loan Transfer from another Club (or club) in any Season, of which no more than 2 Players may be over the age of 23. The deadline for determining a Player’s age in this respect shall be as at the 30 June prior to the Season in which the Temporary Loan Transfer is intended to take place. Any Temporary Loan Transfer which subsequently becomes a permanent transfer shall not count against a Club’s quota of such Temporary Loan Transfers for that Season; and
54.4.3 Temporary Loan Transfers may include an option to acquire the Player’s registration by way of permanent transfer. Any such option can be exercised at any time (including during a Closed Period).
54.5 Loan transfers to non-Member Clubs will be subject to:
54.5.1 the clearance of The League (not to be unreasonably withheld). However, clearance will be withheld where any proposed loan would result in a Club loaning more than 4 Players to any single club;
54.5.2 the rules and regulations of the respective leagues / national associations;
54.5.3 subject to the provisions of Regulation 54.6 below, the principles of the term, recall and expiry as set out in Regulation 55.1 shall apply as if set out herein in respect of those Players going out on loan on an equivalent basis to a Standard Loan, save for in respect of duration. A Loan transfer to non-Member clubs shall, subject to FIFA Regulations and/or the regulations of the national association of the registering club, be permitted to expire no later than the end of the Season following the Season in which the Temporary Transfer occurs (i.e. a maximum duration of two years); and
54.5.4 compliance with the requirements of Regulation 46.2 (International Transfer Certificate) (if applicable).
Regulation 54.5.1: It is the responsibility of the EFL Club to forward paperwork to The Football Association who will then make it available to the EFL.
Regulation 54.5.2: Due to the operation of the FIFA Regulations on the Status and Transfer of Players, and in particular the so-called 3+2 Rule the EFL issues a separate guidance note in relation to loans into the non-league which gives Clubs further guidance. A copy of the guidance note for the current Season can be found in the Player Admin section of the Club Portal. Players going out on loan into the non-league on the equivalent basis to a Standard Loan will be permitted to return to play in the EFL Trophy as well as non-first team matches. See also the note to Regulation 55.2.
Regulation 54.5.3: An International Loan ‘out’ can only be for a half-season or a full-season (calculated by reference to the other National Associations’ transfer window), unless otherwise expressly approved in accordance with Regulation 54.6 below – registration of a Player who does not qualify for a Governing Body Endorsement (work permit). However, a player returning from loan inside an EFL Closed Period will not be eligible for your Club until the opening of the next transfer window. Clubs are responsible for ensuring any player returning from international loan receives an International Transfer Certificate in accordance with the requirements of the FIFA Regulations – see also Regulation 46.2.
54.6 Where the League permits the registration of a Player under Regulation 46.5, the League shall be entitled to permit that Player to go out on loan for such longer period than otherwise permitted by Regulation 54.5.3 (applying Regulation 55.1) but the period of any such loan must begin and end within the period of the Contract Player’s registration with the Club.
54.7 Clubs shall be permitted to charge or pay a Loan Fee. The provisions of Regulation 51 shall apply in respect of the method of payment (and all associated matters relating thereto) of any Loan Fee save as follows:
54.7.1 the first sentence of Regulation 51.2.1 shall apply unless otherwise agreed between the two Clubs;
54.7.2 Regulation 51.2.2 shall not apply;
54.7.3 subject to Regulation 54.7.4, any such Loan Fee payable by a Member Club shall be payable on or before the date agreed between the parties, the latest of which must be 30 June immediately following the conclusion of the Season in which the Temporary Loan Transfer commenced;
54.7.4 any Loan Fee which is payable as a result of the Transferee Club’s promotion from one division to another shall be payable on or before the date agreed between the parties, the latest of which must be 31 August immediately following the conclusion of the Season in which the Temporary Loan Transfer commenced; and
54.7.5 payment of any levy in accordance with the provisions of Regulations 51.2.9 and 51.2.11 shall only become payable where a Temporary Loan Transfer is subsequently made permanent. In such circumstances the appropriate levy payable shall be 5% of the aggregate amount of any Loan Fee and/or subsequent Transfer Fee and/or Compensation Fee payable in respect of the same Player.
Clubs are reminded to consider whether sell on clauses in transfer agreements include or exclude loan fees. Note the provisions of Regulation 52.2 which provides that Loan Fee will be added to the transfer fee in EFL Club only transfers (unless the financial agreement states otherwise).
54.8 During the period of any Temporary Loan Transfer, a Player shall not play against his Transferor Club without the prior written permission of the Transferor Club (which, if given, must be indicated on the appropriate Temporary Loan Transfer form).
The EFL will permit Clubs to amend a loan agreement to include permission where this is agreed by both Clubs and the Player at a later date.
55 Standard Loans
55.1 Subject to the provisions of Regulation 54, Standard Loan transfers shall only be approved in accordance with following provisions:
55.1.1 subject to the proviso that the duration of a Standard Loan must be the time between two Transfer Windows, Standard Loans can be for half a Season or a full Season;
55.1.2 any recall clause requiring the early termination of a Standard Loan can only be included in a full Season Standard Loan and this can only be activated during the Winter Transfer Window;
The EFL will permit Clubs to amend standard loan agreements to include an early termination clause where this was omitted from the original agreement.
55.1.3 any other early termination of a Standard Loan must be by way of a mutual agreement in writing (including by way of a recall clause within the Standard Loan Agreement) between the Transferor Club, the Transferee Club and the Player but can only be completed:
(a) after the expiry of 28 days; and
(b) only during a Transfer Window (but subject to Regulation 55.1.4 below) unless otherwise agreed by the League in its absolute discretion (subject to such conditions as the League deems appropriate).
An example of the circumstances in which the League might exercise its discretion is where a Player on a Standard Loan is unable to represent the Club temporarily holding his registration for the remainder of the loan, e.g. due to a long-term injury or other reasons having the same effect. In such circumstances, The League might approve the termination of the Standard Loan on the condition that the Player is prohibited from making any first team appearances at the Club with which he re-registers.
55.1.4 A Player whose Standard Loan expires (or terminates) at the end of the Season of the Transferee Club but prior to the completion of the League Matches of his Transferor Club (where it is a Member Club) will not be eligible to play in any remaining League Matches for the Transferor Club in that Season;
Examples where this may apply are (a) differential season ends for different divisions or (b) a player finishing a loan and his ‘parent club’ has qualified for the play-off competitions.
55.1.5 Notwithstanding the provisions of Regulation 55.1.1, a Standard Loan of a goalkeeper (but not otherwise) may be subject to a recall clause exercisable at any time. Any recall may only be implemented:
(a) in extenuating circumstances and with the consent of The League, such extenuating circumstances to be determined in The League's absolute discretion; or
(b) where the Club seeking to exercise the recall has only one Professional Goalkeeper available (applying the criteria set out in Regulations 57.1.1 to 57.1.3 below). The recall will be subject to not less than 24 hours’ written notice.
55.1.6 A goalkeeper shall not be permitted to resume any Standard Loan following the exercise of a recall.
Under Regulation 55.1.5(b), the Club seeking to recall a goalkeeper from another EFL Club due to injury(ies) to other goalkeeper(s) will be required to submit independent medical evidence to substantiate the basis for the recall. The EFL will not require independent evidence when recalling a player from non-league, but will require a signed confirmation of injuries from the Club doctor.
If all parties are in agreement to an earlier recall, this will be permitted notwithstanding the last sentence of Regulation 55.1.5(b).
55.2 A Player registered on a Standard Loan may continue to play non-first team football for his Transferor Club, and The League shall disregard any non-first team appearance when assessing whether any application for registration of a Player would otherwise comply with the requirements of Article 5(3) of the FIFA Regulations. Clubs acknowledge that such non-first team appearances may still be considered by other leagues, national associations and/or FIFA when assessing compliance with Article 5(3) on any subsequent application by the Player to be registered with any other club.
The EFL has secured a separate concession from the Football Association which allows players going out on loan into the non-league on the equivalent basis to a Standard Loan will be permitted to return to play in the EFL Trophy as well as non-first team matches. This is reflected in the Rules of the EFL Trophy for the 2018/19 Season.
The Club taking a Player on loan is required to contribute towards the wage costs of the player e.g. by way of bonus schedule and/or contribution to weekly wage. The parent club cannot pay appearance monies to a Player for making appearances whilst on loan. Such arrangements would be considered to be contrary to the principles of Section 10 (association and dual interests). However:
· that doesn’t stop the parent club passing on via its payroll appearance monies due from and paid by the club at which the Player is on loan; or
· the parent the Club and Player are also free to determine whether such appearances on loan count towards any appearance triggers in the contract of employment (e.g. increase in wages or offer of new contract).
The basic wage for the period of the loan can also be varied by agreement.
The player will normally be subject to the Transferee Club's bonus payments and these should be clearly set out on the agreement or the incentive schedule attached to the agreement and signed by all three parties. See also the note to Regulation 47.5 in relation to minimum contributions in respect of any player being signed on standard loan following a permanent transfer.
It is also acceptable to state that the parent club will still be responsible for his wages providing the Transferee Club pays bonuses or reasonable travelling expenses, or in the event of the player not playing, then the Club signing the Player on loan will reimburse the parent Club for all the wages.
To avoid Players seeking payments to agree loan arrangements, the EFL does not permit lump sum payments to be paid to players going on loan. It is however permissible to make a lump sum payment to a player at the end of the Season for promotion or retaining divisional status.
A player registered on a Standard Loan at a Club may subsequently be transferred to that Club at any time during a Closed Period.
Welsh EFL/Premier League clubs plus the other Welsh based clubs who play in the English pyramid are regarded as domestic Clubs for the purposes of these provisions. However, Clubs will still require International Clearance via the Football Association / FA of Wales (as applicable).
56 International Loan
56.1 Clubs may also sign players on a Temporary Loan Transfer from an International Club in accordance with the principles set out in Article 10 of the FIFA Regulations subject to the following provisos:
56.1.1 the onus is on the Transferee Club to identify whether the signing of the player from the International Club is a permanent transfer or International Loan. Players may not be signed from an International Club on any other basis;
56.1.2 Players signed on an International Loan must sign an employment contract with the Transferee Club in a form equivalent to the Standard Contract;
56.1.3 the onus is on the Transferee Club to comply with the requirements of the FIFA Regulations.
Welsh Clubs participating in the English pyramid are regarded as domestic clubs when moving on loan, so are dealt with under Regulations 54 and 55. However, they will still require an International Transfer Certificate when registering on standard loan.
Clubs wishing to sign a Player who requires permission to work in the UK (a Governing Body Endorsement) should seek advice from the Football Association.
57 Emergency Goalkeeper Loan
57.1 If all the Professional Goalkeepers at a Club are unavailable as a result of having been:
57.1.1 certified by an independent medical practitioner as being unfit to play;
57.1.2 suspended; or
57.1.3 called up to play for his national association representative matches in accordance with the requirements of FIFA as laid down from time to time,
a Club may register (either before or after the deadlines laid down in Regulations 43.2 and 43.3), a further goalkeeper on a short term basis in accordance with the following provisions.
A “Professional Goalkeeper is a ‘a goalkeeper (excluding any goalkeeper registered as a Non-Contract Player) who has been named in the starting eleven on five or more occasions by:
· any Club (or Premier League club) in any matches in the relevant league or first team cup competitions (other than the EFL Trophy); and/or
· any other club in a professional league in that club’s home association (by way of example, any division of the Scottish Professional Football League, or Serie A, B or C).
57.2 The Club must supply to The League written evidence to demonstrate the circumstances set out in Regulation 57.1 apply, together with the appropriate form(s) for his registration and The League having confirmed that the circumstances conform to the provisions of this Regulation:
57.2.1 in respect of any fixture played on a weekday when the Office is normally open, at least three hours before the match; or
57.2.2 in respect of any other fixture:
(a) 12 noon on the day of the match; or
(b) at least three hours before the match,
whichever is the earlier.
Medical evidence cannot be accepted from anyone connected to the Club, nor is it acceptable to obtain a report from another Club’s club doctor.
Goalkeepers that have been deemed unavailable cannot be named on a team sheet during the loan period.
Goalkeepers on an Emergency Goalkeeper loan may be recalled by their Parent Club during the period of the loan in exceptional circumstances and subject to the approval of the League (i.e. as per the similar rights in the context of Standard Loans of goalkeepers).
Clubs should be aware that the Premier League does not permit Premier League Clubs to send goalkeepers on seven day emergency loans into the EFL.
57.3 The period of any Emergency Goalkeeper Loan:
57.3.1 shall be for a period of seven days, inclusive of the starting date and finishing date; and
57.3.2 may be renewed for seven days at a time, subject to compliance with Regulation 57.2 in respect of each proposed renewal.
57.4 Any goalkeeper registered under the provisions of this Regulation must be included in the starting 11 on the Team Sheet, and must start the Match
57.5 The provisions of Regulation 54.4.2 shall not apply to an Emergency Goalkeeper Loan.
58 Medical Insurance and Medical Records
58.1 Clubs must ensure that the following heart screening checks are performed for each Player registered with that Club:
58.1.1 for any Player in Under 15 age group (as determined in accordance with the Youth Development Rules):
(a) the completion of a cardiac history questionnaire; and
(b) a standard 12-lead electrocardiogram (‘ECG’);
58.1.2 Players registered as a Scholar, at the commencement of their Scholarship Agreement (and any other Players of an equivalent age who continue to be registered with a Club):
(a) the completion of a cardiac history questionnaire and a physical examination;
(b) an ECG; and
(c) an echocardiography;
58.1.3 for any Player in the Under 19 and Under 21 age groups:
(a) the completion of a cardiac history questionnaire; and
(b) an ECG.
58.2 In all cases:
58.2.1 the results of the tests must be reviewed by an experienced sports cardiologist;
58.2.2 the results of the tests must be uploaded into the central record of cardiac screens operated and maintained by the Football Association; and
58.2.3 Clubs must ensure that any additional heart screening check(s) that are recommended by that sports cardiologist are undertaken promptly at the cost of the Club.
58.3 Clubs must ensure that, where any Player over the age of 16 does not have results of any required physical examination, questionnaire, ECG or echocardiography, in their medical records, the relevant test(s) are completed.
58.4.1 results of any ECG;
58.4.2 results of any echocardiography; and
58.4.3 cardiac history questionnaire(s),
must be contained in the Player's medical records.
The FA Cardiac Screening Programme, supported financially by the PFA and Football Association, is available for those players commencing their Under 17 Year. In practice Clubs will be able to manage that age group as part of the Scholar intake process. Clubs not operating a Scholarship programme will need to ensure they make similar arrangements.
Whilst some of the costs for cardiac screening are met through the PFA and FA the Board have agreed to provide funding of not less than £1,350 per Club from the Youth Development levy for each Club that provides appropriate evidence to confirm that Players from each of the requisite age groups have undergone the appropriate heart screening checks in accordance with Regulation 58. The League will send out details at the beginning of each season as to how Clubs can claim the funding.
The FA utilises a database called Ultralinq, which enables easy access to prior screens for Cardiologists and Club Doctors, thus ensuring appropriate continuity of care for players as they move Clubs during their careers. It is a requirement that this system is used to ensure full cover and assist with monitoring of compliance with these arrangements. As the FA use Ultralinq to verify the screening, funding will not be provided until all players screened are uploaded to the system.
Clubs will receive information regarding the process for screening players and claiming funding at the start of the season. It will not be a mandatory requirement that all screens are conducted prior to the start of the relevant Season given the number of screens to be performed across the whole game. However, Clubs should ensure they are completed as soon as possible to ensure appropriate diagnoses take place.
58.5 Private medical insurance. Every Club shall have cover for all Contract Players and Scholars (football related injuries only for Scholars) through a Private Medical Insurance Scheme while an agreement between The League and The Professional Footballers' Association for the subsidising of such schemes is in being.
58.6 Medical records. Clubs shall ensure that their medical practitioner or physiotherapist keeps detailed up to date medical records for all Contract Players in accordance with standard medical practices.
58.7 Monitoring and Compliance. Clubs shall co-operate at all times with the monitoring and compliance programmes and inspections as required by The Football Association and/or The League from time to time.
58.8 Transfer of Medical Records. When a Player's registration is about to be transferred (including a temporary loan transfer), the Transferor Club, provided that the consent of the Player has been obtained, must make such records available to the medical practitioner or physiotherapist of the Transferee Club. This procedure shall also apply to Players transferred under the provisions of Regulations 54 to 57.
58.9 Baseline Concussion Tests. All Clubs must ensure that it conducts SCAT (Sport Concussion Assessment Tool) and computerised neurocognitive baseline tests (in form mandated by the League from time to time) for each Player registered with the Club at the point of their registration and repeat at intervals of not less than two years.
In Season 2021/22 Clubs must ensure that a SCAT and computerised neurocognitive baseline test is conducted for each Player by no later than the day before that Clubs first League Match of Season 2021/22. Where a Player has been registered with the Club after the first League Match of Season 2021/22, the Club must ensure that the SCAT and computerised neurocognitive baseline test by no later than 2 weeks after to being registered with the Club.
Clubs should note that return to play after suffering a concussion injury is addressed in Regulation 35.6.2.
58.10 Injury and Illness Audit. All Clubs will co-operate at all times with any request from The Football Association to provide anonymised data in respect of Player injuries and illnesses.
59 Registration of Non Contract Players
59.1 Clubs may register individuals as a Non-Contract Player only where the individual:
59.1.1 was registered as a Non-Contract Player in Season 2019/20, and wishes to renew that registration for Season 2020/21; or
59.1.2 is employed by the Club in an official coaching or management role at the Club (and for which they are remunerated in line with all applicable legislation).
59.2 The registration of a Non Contract Player will be valid only for the Season in which the registration form is signed.
59.3 A Club may only register a Non-Contract Player (subject to the provisions of Regulation 43.3) during a Closed Period if he is an Out of Registration Player.
59.4 A Non-Contract Player's registration will expire at the end of the Season which for the purposes of this Regulation, will be deemed to be the third Saturday in May or within four days of the Club's last match of the Season, whichever is the later. After this date the Player may sign for another Club for the following Season or he may choose to re-sign for his former Club.
59.5 A Club wishing to immediately re-sign a Non-Contract Player should include his name on its Club List of Players for the following Season and notify the Player of its intentions in accordance with the procedure laid down in Regulation 69.
60 Termination of Registration of Non Contract Player
60.1 The registration of a Non Contract Player may only be terminated during the Season as follows:
60.1.1 by mutual consent of Club and Player, the details of which must immediately be notified in writing to The League, with a copy to the Player; or
60.1.2 by the Board if in its absolute discretion it determines that the Player has not played in the class of match which his ability warrants; or
60.1.3 for other reasons satisfactory to the Board.
61 Youth Development Rules
61.1 In consultation with The Football Association, The Premier League, Clubs and other appropriate bodies The League has power to adopt rules relating to youth development and young Players.
61.2 These rules will form a section of the Handbook and will have the same force as Regulations. The Board has power to alter, delete or add to such rules and Regulation 2 does not apply.
61.3 Any application for permission to operate an Academy will require, in addition to such other requirements as the Board may determine following consultation in accordance with Regulation 61 above, Clubs to procure an appropriate educational element of work based training for Academy Players.
61.4 League Child Protection policies, practices and procedures, as advised from time to time by The League, will be applied to all aspects of Club activities involving children. Clubs must abide by the Government legislation that applies to children under the age of 18. The League policies and procedures are set out in the Appendix to Youth Development Rules and shall be issued to all Academy Players and their parents/guardians.
See also Section 11 of these Regulations which contain mandatory provisions relating to Safeguarding.
62 Monthly/Multiplicity Registrations
62.1 Subject to Regulation 62.2 below, a Club may register a Player for a period of one (and, for the avoidance of doubt, not less than one) calendar month or more calendar months provided that the registration expires on or before 30 June following registration. Notwithstanding the foregoing, any Club seeking to register in June any Player who would otherwise have become an Out of Contract Player as at 30 June and for whom the Club will be liable to make payment in accordance with the provisions of Regulation 67.16 shall be permitted to register that player until 30 June even though that may be less than a calendar month.
A Monthly Contract will expire on the last day of the month if the commencement date is the first day of the month, or the previous day if part way through a month (13th - 12th).
Multiplicity Contracts either (a) commence on the 1st day of the month and expire on the last day of the month, or (b) commence and end on the same date where it commences part way through a month (e.g. 13th January to 13th March, April etc.). However, a registration would not be rejected if a Multiplicity Contract was lodged with dates of 13th January to 12th March, April etc.
62.2 A Club may only register a Player in accordance with Regulation 62 (subject to the provisions of Regulation 43.2) during a Closed Period if he is an Out of Registration Player.
62.3 The Club shall complete the prescribed League registration form and forward it to The League together with a copy of the contract of employment. For second and subsequent months a monthly extension registration form G1 (extension) must be completed and forwarded to The League.
If the financial terms are different from the previous month, a new contract of employment must be completed.
62.4 Players on a second or subsequent monthly contract are entitled to notice as to whether the Club intends to offer a further period of engagement not later than seven days before the expiry of that monthly contract.
62.5 Players on a contract for two or more months are entitled to notice as to whether the Club intends to offer a further period of engagement. The notice is not less than two weeks before the expiry date where the contract expires on or before 31 December and not less than four weeks before the expiry date where the contract expires on or after 1 January.
If a player on a Multiplicity/Monthly Contract is given the appropriate notice in accordance with Regulation 62.5 then, provided the following clause is added to the contract, no severance payment is due to that player after the expiry of his contract:
“For the avoidance of doubt, it is agreed that the provisions of Clause 19 in respect of severance pay do not apply to this contract. Instead, the player will be entitled to notice in accordance with EFL Regulation 62.”
62.6 On the expiry of a registration under this Regulation a Player is entitled to sign for any Club of his choice without restriction and without payment of any compensation.
63 Conditions of Contract
63.1 A Player under the age of seventeen years may not enter into a contract of employment with a Club and may only be registered as an Academy Player. Any contract of employment signed by a Player under the age of eighteen at the time of signing must also be signed by a parent or guardian.
A player signing a contract at the age of 17 cannot sign for a period longer than 3 years or 3 seasons (whichever is the shorter) – see Article 18(2) of the FIFA Regulations. The Football Association has now advised that this includes the period of any option period included in the agreement, so any contracts which are lodged which include an option that would result in a term in excess of three years will be rejected.
63.2 All contracts between Clubs and Players must be in the equivalent of Form 20 of Premier League rules (the ‘Standard Contract’).
Expiry dates - All Contracts expire 30 June with the exception of Monthlies/Multiplicities which must expire on or before 30 June following registration.
Note: Clubs are free to include option clauses to extend the contract of employment provided the clause complies with the provisions of FA Rule C1(j)(xiii) – in essence the option period cannot be longer than the period of the original contract term, and the financial provisions applicable to the option period must be no less favourable. Clubs cannot apply an ‘option on an option’.
63.3 The Standard Contract must be signed on behalf of the Club by either the Chairman alone or the club secretary or duly appointed signatory together with one director.
Authorised Signatories - Clubs must complete the authorised signatory form prior to the season commencing and update as and when they appoint additional signatories. Any Director signing the standard contract must be on the board of directors of the Club and approved under the Owners’ and Directors’ Test. See also the guidance to Regulation 46.1.
63.4 Clubs shall be free at any time to re-negotiate or amend the financial provisions set out in Schedule 2 of the Standard Contract (other than paragraph 7 “The Professional Footballers’ Pension Scheme”) with its own Players on such terms as shall be mutually acceptable except that where a contract is so re negotiated or amended during a Season and the effect of the renegotiation or amendment is to increase the Player’s remuneration (which term shall include any benefits in kind) it shall be dated to expire at least one year later than the existing contract between the Club and Player.
During the Close Season there is no restriction on amendments, and for the purposes of this Regulation only the EFL will accept a player signing the Club’s standard bonus schedule after the start of the Season in exceptional circumstances provided this is done and received by the EFL before he has been named on a team sheet (any competition, not just first team).
As bonus entitlements are contractual benefits, this Regulation applies equally to any Club bonus scheme. See also the notes to Regulation 63.6 below.
Any request to make an amendment where the Player does not benefit financially will be looked at favourably without the need to extend.
63.5 Clubs must submit copies of all contracts between Clubs and Players to The League within five days of their being made.
63.6 Full details of all payments to or benefits paid in cash or in kind on behalf of Players, including particulars of any Image Contract Payment, must be included in the Standard Contract except such specific payment or benefits as shall be specified in advance by The League in writing. In the event that the Standard Contract covers more than one Season it must specify the rate of basic remuneration to be paid relative to the divisional status of the Club.
Image Rights Agreement – Clubs must ensure that all Image Right Contracts are referred to in the Player’s Contract of Employment and a copy is forwarded to The EFL.
Should a Player sign an Image Right Contract or amend/vary an existing agreement during the playing season, his Playing Contract will have to be extended by at least 12 months in accordance with Regulation 63.4. To help ensure that principle is adhered to, Clubs must ensure that the following wording is included in all Image Right Contracts:
“No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties and is lodged with and accepted by The EFL.”
Divisional pay – If the salary is remaining the same regardless of divisional status that must be stated in the Contract otherwise the contract will be returned.
Loans to Players – To reflect the principle of this Regulation, Regulation 46.3, and the controls around lump sum payments and signing on fees, a Club is required to notify the League if it proposes to enter into a financial loan with a player, and obtain pre-clearance from the League for it. The following conditions will be imposed as part of any approval:
A formal loan agreement will need to be concluded with the Player. That loan agreement will need to:
make provision for interest payable at a rate at least equivalent to the current Building Society borrowing rate;
provide for regular repayment of the capital sum plus interest from net salary payments (including any lump sum payments) recovered at source by the Club after the deduction of PAYE;
include a clause to the effect that, should the Player leave the employment of the Club prior to repayment, then all monies outstanding will become repayable immediately.
Finally, the League will require to know the purpose for which the loan is being made.
Clubs should note that the League reserves the right to demand an auditor’s certificate to establish that the terms of any loan agreement have been fulfilled.
Club Bonus Schedule – As the bonus/incentive schedule forms part of the contract, it cannot be unilaterally withdrawn or varied downwards during the period of the contract. If an individual player is not to receive a bonus/incentive schedule then this must be clearly stated on Schedule 2, under paragraph 8.2.
The same schedule does not have to apply to all players.
Clubs can, however, propose to vary the amounts payable (including downwards) under the terms of any bonus/incentive schedule as part of an offer to retain the registration of a player beyond the expiry of his contract. The only caveat to this position is where, when taken as whole, the amounts payable under the offer would be "less favourable" than the amounts paid in the most favourable year’s terms of the existing contract and in those circumstances Clubs may lose compensation rights for an Under 24 Player.
Bonuses/incentives may be amended on such terms that are mutually acceptable to both Player and Club, except that if this is done during the season and the effect is to increase the Player’s remuneration, the Contract must also be dated to expire at least one year later than the existing Contract between the Club and Player (Regulation 63.4). This is why any bonus/incentive schedule applicable to the Club must be lodged prior to the commencement of the Season.
Due to the wording of Paragraph 8.2 of Schedule 2 of the Standard Contract, there is a presumption that any bonus schedule will apply for the duration of the agreement.
It is up to individual Clubs to structure their own bonus/incentive arrangements, as each Club will have their own thoughts on the issue. The only element which cannot feature in a bonus/incentive schedule is any amount in respect of appearing on TV as this is prohibited by Regulation 77.1.
63.7 The terms of a Standard Contract between a Club and a Player shall be strictly adhered to.
In line with decisions of the PFNCC the EFL cannot accept termination / break clauses in Contracts, except in cases where the PFA, on behalf of the player, agree.
The only situations where agreement has been given have related to known serious medical conditions which pose the risk of having to cease playing e.g. heart conditions.
Similarly, the EFL cannot accept contracts which seek to contradict or remove any of the provisions of the Standard Contract unless (a) they relate to clause 4 – image rights, provided equivalent provisions are contained within the image rights agreement; or (b) excluding clause 19 (severance pay) in a multiplicity contract (see Regulation 62.5).
63.8 Clubs must ensure that any boy signing a contract part way through his scholarship must continue the educational aspect of the scholarship.
63.9 Fines suspensions and notices of termination under the Standard Contract must be reported to The League and The Football Association and such notification must be accompanied by a copy of the notice served on the Player.
If any disciplinary action is taken against a Player, the letter should state that he has the right of appeal to the EFL. Clubs should follow the guidelines regarding fines which are approved by PFNCC and circulated each season. Copies are available in the Player Administration section of the Club Portal.
63.10 Any appeal by a Player under the provisions of the Clause 10.3 of, or Paragraph 3.3.2 of Part 1 of Schedule 1 to, the Standard Contract, or by a Club under the provisions of Clause 11.2 of the Standard Contract shall be referred to a Player Related Dispute Commission.
63.11 Either the Club or Player may appeal against the decision of a Player Related Dispute Commission to the League Appeals Committee and such further appeal shall be made within seven days of receipt of the Commission's decision and shall be heard within fourteen days of receipt of the notice of appeal. Section 9 of these Regulations will not apply.
63.12 The Player shall have the right to a personal hearing before a Player Related Dispute Commission and shall have the right on any appeal to be accompanied or represented by any officer of The Professional Footballers' Association. The Player shall also be entitled to be legally represented but he must give The League prior written notice of his intention to be legally represented.
63.13 Unless otherwise agreed by The League, no lump sum payment shall be paid or payable by a Club to a Player during the first year of his employment as a Contract Player with that Club save for:
63.13.1 a Signing-on fee (which must be paid in accordance with Regulation 63.14); or
63.13.2 a sum paid in respect of the Player’s relocation expenses not exceeding the amount from time to time permitted by HMRC to be paid for this purpose without income tax and national insurance liability.
The introductory wording of Regulation 63.13, and the provisions relating to signing on fees in the following Regulation are intended to avoid situations where Players take large payments in Season one of a multi-year contract, and then seek to demand uplifts in subsequent years. The Regulations are as a direct result of requests from Clubs for these measures.
Lump sum payments. No payment can be made prior to twelve months' service unless contract runs for less than twelve months, in which case payment can be made on the last day of contract. See also note to Regulation 64.
Appearance payments. To meet the above requirements, lump sum payments in respect of appearances may only be paid after twelve months' service, but the EFL will also accept provisions which allow payments after 40 appearances, and the Board has also determined that Clubs may make payments after a lesser number of appearances providing it is continuous provision throughout the period of the contract.
In each of the above cases, service both as a Scholar and a Contract Player will count towards the 12 month threshold. Other Academy registrations will not count.
Loyalty payments. The EFL will permit Clubs to agree ‘loyalty payments’ provided the contract makes it clear that to receive the payment the Player must still be in the service of the Club on the due date. Should the player for any reason leave the Club, at the Club's request prior to the date, a sum shall be paid pro-rata on the services given at the date of cessation of employment with the Club and subject to the prior permission of the EFL Board.
Clubs should be aware that only signing on fees are classed as ‘once only’ payments for the purposes of Regulation 67.3 and any other types of bonuses including any loyalty bonus would need to be part included in any subsequent offer to an Under 24 Player before the Club will be able to retain compensation rights on expiry of the contract. One option for Clubs is to make a loyalty bonus subject to completion of a specified number of years' service, in which case the player is not entitled to a similar payment under the new contract until he has completed an equivalent length of service under that new contract.
Relocation Expenses. Under current HMRC Guidelines (available here) subject to meeting the relevant criteria, a Player may receive up to a maximum £8,000 tax free. The contract should provide that payment will only be made on the production of valid receipts.
63.14 Signing on fees may be paid only to Contract Players and must be paid in equal annual instalments over the period of the contract. If the Player's registration is transferred at any time during the currency of his contract at the request of the Club any balance of the signing on fee then unpaid shall become immediately due and payable to the Player, unless a Player Related Dispute Commission, having considered at the Club's request, the circumstances in which the request of the Club was made, consider that such payments shall not be made. If the Club or the Player is not satisfied with the decision of the Player Related Dispute Commission there shall be a right of appeal to the League Appeals Committee within fourteen days of receipt of the Player Related Dispute Commission's decision. The decision of the League Appeals Committee shall be final.
Signing-on-Fees are the only payment in a Contract that can be referred to as once only or one-off for purposes of Regulation 67.3.
When a Player transfers during the term of his contract, if the intention is to waive any rights to future instalments of the signing on fee this must be secured by the player signing a waiver. Failure to provide the EFL with a copy of the document will result in EFL Regulations having to be applied.
Where a Club seeks to register an Out of Registration Player after the closure of the mid-season transfer window, Clubs can choose to include a Signing-on-Fee, pay one pro-rata for the period up to 30 June or wait until the following season.
If a Player signs an updated contract, the parties are free to carry over any outstanding instalment from a previous contract if they so wish. Where this is agreed, provisions must be included to that effect in the new contract.
63.15 If a Player’s registration is transferred by reason of his written request or there is a proven statement in the media by the Player or his Intermediary to the effect that he wants to join another Club, or he leaves a Club by reason of a breach by him of his contract, he shall forfeit any instalments of the signing on fee that fall due for payment after the date on which the registration is transferred, unless the Player Related Dispute Commission is satisfied that his request for a transfer was made on reasonable grounds.
63.16 If the Club or the Player is not satisfied with the decision of the Player Related Dispute Commission there is a right of appeal to the League Appeals Committee within 14 days of receipt of the Player Related Dispute Commission’s decision. The decision of the League Appeals Committee is final. Section 9 of these Regulations does not apply.
63.17 If any such future payments have been waived by the Player or are in dispute when the Player’s registration is transferred, the fact of the waiver or dispute must be notified to The League at the time of transfer by the Transferor Club. In the absence of such notification, the outstanding instalments will be payable unless there are exceptional reasons acceptable to the Player Related Dispute Commission as to why the notification was not made at the proper time.
63.18 None of Regulations 63.14 to 63.17 shall apply where a Player is signed for a period of less than three calendar months.
63.19 All Contracts of Service between Clubs and Players must be treated as private and confidential.
63.20 When a Player's Standard Contract is terminated by mutual consent, the Club may retain the Player's registration until he signs for another Club and shall be entitled, without further payment to the Player to a Transfer Fee or Compensation Fee (as applicable) in respect of any subsequent transfer of his registration. The Player shall be informed of the Club's intention to retain his registration. Any dispute in relation to the level of any Transfer Fee or Compensation Fee (as applicable) shall be determined in accordance with the provisions of Regulation 63.22.
Clubs are free to enter into a compromise agreement with a player on termination of the contract of employment. Copies of all compromise agreements, or confirmation no such agreement exists, must be supplied to the EFL along with the form for the cancellation of the registration, and the registration will not be cancelled until such time as the relevant agreement / confirmation has been received.
As a dispensation from Regulation 50.1.4 the Board has determined that a compromise payment may be paid in instalments, provided the full amount is paid within 12 months or by the date the contract should have expired, whichever is sooner. Any extended terms will require the prior approval of the EFL.
Clubs should take independent professional advice on tax consequences of termination payments.
63.21 When a Player's Standard Contract is terminated by his Club, the Club may retain the Player's registration until he signs for another Club and shall be entitled to a Transfer Fee or Compensation Fee (as applicable) in respect of the next transfer of his registration. The Player whose Contract is so terminated shall after six weeks from the date of the notice of termination be entitled to a weekly sum equivalent to his last weekly basic wage. The Club may at any time apply to the League Appeals Committee for that entitlement to be suspended either because of the facts leading to the termination or on the grounds that the Player has without good reason refused offers of employment from another Club or for other relevant reasons.
63.22 Any dispute between the Club holding the Player's registration and any other Club negotiating to obtain such registration as to the amount of compensation payable shall be determined by the Professional Football Compensation Committee whose decision shall be final and binding.
63.23 All Clubs must submit a Return of Players' Earnings for the previous tax year not later than 30 June in any year.
64 Minimum Wages
64.1 The minimum weekly wage for Players shall be such sum as shall be specified by law from time to time.
Minimum wage - Clubs must abide by the National Minimum Wage and National Living Wage legislation, further details of which can be found on www.gov.uk. The EFL has also issued detailed guidance (copies of which are available in the Player Admin section on the Club Portal). HMRC will from time to time visit EFL Clubs and therefore Clubs do need to make sure that they are not in breach of Government legislation.
It is customary for wages to remain constant throughout the year. However, you may, subject to the consent of the player reduce the wage during the close season.
To ensure Clubs are not avoiding the restrictions imposed by Regulation 63.13, any Club which seeks to reduce wages in second or subsequent years of the contract will be asked to substantiate the basis for doing so. It will speed up the process of registration if this is made clear at the time of submission of papers to this office.
Clauses providing for payment in Euros are acceptable, but Clubs accept any risks in relation to changes in the rate of exchange during the term of the contract.
Payments should be in the same currency throughout the contract.
65 Approaches by Clubs
65.1 Clubs shall not directly or indirectly approach any Player whose name is on the Clubs List of players (as described in Regulation 69) of another Club except in accordance with Regulations 67 or 70.
65.2 Any Club wishing to obtain the services of a Player whose registration is open to transfer whilst under contract (as indicated on a Club’s List of Players) must communicate any offer in writing (or if there is insufficient time, by telephone, confirmed in writing) to the Club holding the registration of such Player.
66 Clubs Ceasing to be Members
66.1 In the event of a Club ceasing to be a member of The League otherwise than by reason of promotion to The Premier League (and except as provided for in Regulation 66.3) all Contract Players and Scholars of such Clubs shall from the date of such cessation be deemed to be registered with The League and The League shall have the same rights in respect of the transfer of the registrations of all such Contract Players and Scholars as such Club had until the date of such cessation. The Board shall assess the fees to be placed upon the transfers of such registrations, subject to any appeal to the Professional Football Compensation Committee, and any fees derived from such transfers shall belong to The League. The registration of any Academy Player shall be released forthwith.
66.2 The Board shall have the power to make from any fees received by The League, a grant to any Club to which Transfer Fees and/or Compensation Fees are owed by the Club ceasing membership. The amount of the grant shall be entirely a matter for the Board and no Club shall have a claim as of right to all or any part of such fees. In its absolute discretion the Board shall apply the following:
66.2.1 where the fees are received from the transfer of a particular Player, those fees shall be paid to any Club or Clubs owed Transfer Fees or Compensation Fees in respect of that same Player. Where there is more than one Club, payment shall be pro-rata; and
66.2.2 if any fees remain after paying the Club or Clubs referred to in Regulation 66.2.1, such fees shall be paid to any other Club or Clubs owed Transfer Fees or Compensation Fees by the Club ceasing membership. Where there is more than one Club, payment shall be pro-rata.
66.3 In the event of a Club retiring as a member of The League and joining The National League under the provisions of Regulation 10 the following conditions shall apply to Players registered with such Club.
66.4 An Under 24 Player who has refused an offer of re engagement made by his Club in accordance with Regulation 67 who remains in dispute with his Club as at the 15 July next following the Club's loss of League status must sign a National League registration form and Contract with his Club which Contract must contain a clause consistent with Regulation 67.9.1 to the effect that the Player remains free to speak to other Clubs without restriction subject to him keeping the Club with which he is contracted, aware of any negotiations. The Contract should contain the same financial terms as were included in clauses Schedule 2 of his last Standard Contract except that a signing on fee stipulated to be a once only payment need not be repeated and the Player will be bound by any new incentive schedule. If the Player refuses to be registered in The National League then his Club will be entitled to retain compensation rights without payment of a wage. The Professional Football Compensation Committee will on application from a Club or Player determine a dispute over the Compensation Fee.
66.5 A Player's Contract which is not due to expire until after the next 30 June following the Club's loss of League status will remain valid in The National League.
66.6 The registrations and contracts of Scholars may be maintained provided that the Club continues to fulfil the requirements imposed by the Scholarship Agreement and the Youth Development Rules relating to the operation of a Scholarship Programme, otherwise the Scholars will be entitled to their release.
66.7 The registrations of Academy Players may be retained by The League in favour of the Club provided that the Club continues to fulfil the requirements imposed by the Academy Player's registrations and the Youth Development Rules relating to the operation of an Academy, otherwise the Academy Players will be entitled to their release.
67 Transfers After Expiry of Contract
67.1 Subject to the provisions of these Regulations, (and, in particular, Regulation 43) a Player shall be free to seek registration with any Club of his choice, on the expiry of his contract of employment.
67.2 Any Club wishing to re engage a Contract Player whose contract is due to expire on 30 June must, save as mentioned in Regulations 67.2.1 to 67.2.4 below, notify him in writing by the third Saturday in May in the final year of his contract whether or not they offer him terms of re engagement specifying (where applicable) such terms. Notification of the terms offered may only be deferred:
Transfers after the expiry of Contract – Clubs need to consider the application of Annexe 4, Article 6.3 of the FIFA Regulations on the Status and Transfer of Players which reads as follows:
“If the former club does not offer the player a contract, no training compensation is payable unless the former club can justify that it is entitled to such compensation. The former club must offer the player a contract in writing via registered post at least 60 days before the expiry of his current contract. Such an offer shall furthermore be at least of an equivalent value to his current contract. This provision is without prejudice to the right to training and compensation of the player’s previous club(s)”
Failure to meet those requirements will not affect a right to compensation for an Under 24 Player on a domestic basis, but will affect entitlement should an Under 23 Player move to another national association. Accordingly, via the PFNCC the PFA, Premier League and EFL have agreed template holding letters which are available in the Player Administration Section of the Club Portal. Clubs have the choice of re-engagement letters. Form A1 is the traditional letter which sets out in detail the terms offered and Form A2 is the holding letter which enables the club to protect its compensation rights prior to sitting down with the player and negotiating in detail the new terms.
67.2.1 in the event of a Club not having completed its League programme by the third Saturday in May, and then only if any outstanding fixture or fixtures could have some bearing on the issues described in Regulation 10 or on possible qualification for other competitions; or
67.2.2 in the event of a Club being involved in the end of Season Play Off competition as described in Regulation 10; or
67.2.3 in the event of a Club still being involved in a Football Association Cup Match on or after the third Saturday in May; or
67.2.4 in the event of a Club still being involved on or after the third Saturday in May in a competition arranged under the auspices of The League.
In these circumstances Players must be notified of the terms offered within four days of the Club's last such match.
67.3 Subject to the provisions of this Regulation 67, any Club which makes an offer in accordance with Regulation 67.2 of re engagement to a Contract Player who is an Under 24 Player and which is in the opinion of the Board not less favourable than the Player's current contractual terms, shall be entitled to a Compensation Fee in respect of the loss of the Player's registration, should the Player sign for another Club. In order to comply with this Regulation, the annual value of the terms offered must be at least equivalent to the most favourable year's terms in the Player's previous contract. The terms offered to Players for re engagements must be as favourable overall except that a signing on fee included in the previous contract and stated to be a once only payment need not be repeated. Copies of all offers of re engagement made to Contract Players must be sent to The League.
67.4 The Player must notify in writing the Club holding his registration within one month of the date on which notification of the said terms of re engagement were sent, whether or not he accepts their offer of re engagement. If the Player has not replied in writing to the Club's offer of re engagement by 30 June, the offer shall automatically lapse. In the case of an Under 24 Player, the Club's compensation rights shall not be affected.
The EFL position is that after the one month period set out in the first sentence of Regulation 67.4, the Club may withdraw the offer at which point the Player will not be able to unilaterally accept that offer, leaving the Club free to pursue alterative options for new players without the risk of the player accepting. If the offer is not withdrawn, it will then lapse automatically on 30 June at which point gain the Player will not be able to unilaterally accept. However, there has been no decided case on this point, and nor has the PFCC considered the impact of a Club adopting that approach on the level of compensation which might be awarded under Regulation 67.5.
67.5 If by or following the expiry date of the Player's contract the Club holding the Player's registration and any other Club which subsequently obtains or is then negotiating to obtain such registration have not reached agreement on the amount of Compensation Fee payable either of the Clubs concerned or the Player shall have the right to request that the fee be determined by the Professional Football Compensation Committee in accordance with Regulation 68 and in the event of such right being exercised, it or he shall inform the other such parties and the Secretary of the Professional Football Compensation Committee forthwith. Both such Clubs shall provide the Professional Football Compensation Committee with all relevant information. The Professional Football Compensation Committee shall as soon as possible determine the amount of Compensation Fee and its determination shall be final and binding.
In the event of the Player wishing to sign for a Club not in membership of The League or The Premier League, i.e. a non-League Club, The Football Association Rule C.1.14.5 applies in respect of the registration of Players by clubs in other leagues.
67.6 If a Player, who is an Under 24 Player, wishes to claim a Free Transfer on the basis of his offer of re engagement being less favourable than his current contractual terms, he must send a written application to The League, with a copy to his Club, by 30 June, otherwise the Club's compensation rights will be retained.
67.7 If such Player's application is successful he shall continue to receive from his Club as severance payment his weekly basic wage for a period of one month from the expiry date of his contract or until the Player signs for another Club, whichever period is the shorter, provided that where a Player signs for a Club within one month at a reduced basic wage then his old Club shall make up the shortfall in basic wage for the remainder of the month.
67.8 The Board shall determine any dispute between Clubs about the method of payment of a Compensation Fee.
67.9 If the Player, who is an Under 24 Player, does not accept the said offer of re engagement and/or indicates that he wishes to leave the Club holding his registration, but his registration is not transferred to another Club before the date of expiry of his contract, then the Club holding his registration may after such expiry date either:
67.9.1 enter into a contract with the Player in accordance with the provisions of Regulation 63 but providing that the Player's registration may be transferred to another Club at any time during the currency of such contract (subject to the provisions of Regulation 43 for a fee determined in accordance with these Regulations; or
67.9.2 continue to pay the Player the basic wage payable under the contract which shall have expired. In such event the Player shall not be eligible to play for the Club holding his registration nor be subject to the regulations and discipline of such Club, and (so long as it continues to pay the Player the basic wage as aforesaid) such Club shall be entitled to a Compensation Fee from any other Club wishing to obtain the registration of the Player. The Player shall be an Out of Registration Player for the purposes of Regulation 43.2.1. On the application of the Club made on or after the first day of the Season the Professional Football Compensation Committee may rule that because the Player has without good reason refused offers of employment with another Club or other Clubs or because there are other relevant circumstances, the Club may retain its entitlement to a Compensation Fee as aforesaid without being obliged to continue to pay over basic wage after a date stated in this ruling; or
67.9.3 agree with the Player that the Player shall continue playing for the Club on a week by week basis under the financial terms of his last contract unless the Club incentive schedule paid in accordance with that contract has been changed in which case the Player will receive the revised incentives. The Player will, in these circumstances, be subject to Club regulations and discipline and to the Football Association Rules and these Regulations. In order to maintain compensation rights on the registration of a Player employed at the end of a Season on a week by week basis under the provisions of this Regulation a Club must, between the fourth Thursday in March and the third Saturday in May (both dates inclusive) notify the Player in writing of its intentions. If the week to week contract expires during a Closed Period then the Player will not be eligible to play for another League Club until the commencement of the next following Transfer Window; or
67.9.4 cease to pay the Player the basic wage as detailed in Regulation 67.9.2, in which case the Player shall be free to negotiate with, sign for and be registered with any other Club at any time without payment by such other Club of any Compensation Fee; or
67.9.5 cease to pay and play the Player on a weekly basis as detailed in Regulation 67.9.3, in which case the Player shall be free to negotiate and sign for any other Club at any time (but he will not be eligible to play for another League Club until the commencement of the next following Transfer Window) without payment by such other Club of any Compensation Fee.
In either of the circumstances set out in Regulations 67.9.4 or 67.9.5, two weeks’ notice in writing must be given before payment to the Player ceases.
67.10 Any attempt by a Club to use negotiations to prevent a Player joining the Club of his choice will be regarded as misconduct.
67.11 Clubs must notify the Player and The League of all offers received for the Player's registration.
67.12 Any Club wishing to place the name of a Non Contract Player on its List of Players for the following Season must so notify him in writing in accordance with the procedure laid down in Regulation 67.2.
67.13 An Under 24 Player who has not received written notice from his Club of an offer of re engagement in accordance with this Regulation shall continue to receive from his Club as severance payment his weekly basic wage for a period of one month from the expiry date of his contract or until the Player signs for another Club, whichever period is the shorter, provided that where a Player signs for a Club within the month at a reduced basic wage then his old Club shall make up the shortfall in basic wage for the remainder of the month.
Players over the age of 24 who have not been offered terms of re-engagement or the terms offered are less favourable, will be entitled to severance pay in accordance with the terms of the contract, subject always to a cap of double the maximum sum which an Employment Tribunal can award from time to time as a compensatory award for unfair dismissal (c£173,000).
If the salary is reduced during the summer months, the severance payment is calculated on the average monthly salary across the final year of the contract.
67.14 The action of a Club in securing a Player's signature on a Standard Contract shall constitute an acknowledgement of that Club's liability to pay the appropriate Compensation Fee in accordance with these Regulations.
67.15 A Player who, having refused to accept his Club's offer of re engagement made in accordance with this Regulation, elects to sign for a Club in another country shall not be re registered in The League until after a lapse of twelve months from the date he joined the foreign Club unless the special consent of the Board is obtained. The Board may refer any question of compensation to his previous Club to the Professional Football Compensation Committee whose decision shall be final and binding.
67.16 For the purposes of both Regulations 67.7 and 67.13, a Player who is entitled to receive his basic weekly wage for a period of one month from the expiry date of his contract and subsequently signs for another Member Club will be deemed to have signed for that new Member Club on the date:
67.16.1 of his contract of employment with the new Club;
67.16.2 on which the new Club publicly announces the signing of the Player;
67.16.3 on which the new Club nominates the Player as one of those covered by the League’s centrally purchased Player’s personal accident insurance policy (if any); or
67.16.4 the Player was named by the new club on a team sheet in any match (including friendly or training matches),
whichever is the earlier. For the purposes of determining the amount payable by the new Club, the Player’s salary with that Club will be deemed to be an amount equal to the average weekly wage to be paid to that Player by the new Club in the first Season of his employment.
The above Regulation was amended to ensure that Clubs signing out of contract players make up the wages with effect from the practical date of signing the player. The practical date of signing will be deemed the earliest of the following: the player is announced as having signed, participates in a friendly match or is allocated as one of the Club’s players under the EFL’s centrally purchased personal accident insurance policy.
The obligation will only arise in the event the Player signs a contract with the new Club. It will not cover players who only ever trial at a Club. However, where a player who is trialled in the first instance and then signs a full contract, the effective date for payment of the wages will be the earlier date. For the purposes of determining the amount payable by the new Club, the Player’s salary with that Club will be deemed to be an amount equal to the average weekly wage to be paid to that Player by the new Club in the first Season of his employment.
68 Compensation Fee for Players out of Contract
68.1 In determining the Compensation Fee under Regulation 67.5 the Professional Football Compensation Committee shall take into account the costs set out in Regulations 68.2 and 68.3 and any of the criteria set out in Regulation 68.4.
68.2 Any cost incurred by either Club in operating an Academy including (without limitation) the cost of providing for students:
68.2.1 living accommodation;
68.2.2 training and playing facilities;
68.2.3 scouting, coaching, administrative and other staff;
68.2.4 education and welfare requirements;
68.2.5 playing and training strip and other clothing;
68.2.6 medical and first aid facilities; and
68.2.7 friendly and competitive matches and overseas tours.
68.3 Any other costs incurred by the Transferor Club directly attributable to the training and development of Players including any Transfer Fee or Compensation Fee referred to in Regulation 68.4.3.
68.4 The criteria are:
68.4.1 the status of the two Clubs involved;
68.4.2 the age of the Player;
68.4.3 the amount of any Transfer Fee or Compensation Fee paid by the Transferor Club upon acquiring the registration of the Player;
68.4.4 the length of time during which the Transferor Club held the registration of the Player;
68.4.5 the terms of the new contract offered to the Player by both Clubs;
68.4.6 the Player's playing record in Club and international team appearances; and
68.4.7 substantiated interest shown by other Clubs in acquiring the services of the Player.
69 List of Players
69.1 Every year each Club shall forward to The League no later than the deadline laid down in Regulation 67 for the notification of Players, a Club List of Players' names for registration by The League including:
69.1.1 Contract Players whose contracts are due to terminate on the next 30 June and to whom the Club has made offers of further re engagement;
69.1.2 Contract Players with whom Standard Contracts are in existence, such contracts being due to terminate on 30 June in any subsequent year including any Contracts of Service under which an option to extend the term thereof has been exercised by the Club;
69.1.3 Contract Players whose contracts are due to terminate on the next 30 June and to whom the Club has not made offers of further re engagement;
69.1.4 Players employed on a week by week basis under the provisions of Regulation 67.9.3 to whom the Club has either made a further offer of re engagement or indicated that it wishes to continue with the week by week agreement;
69.1.5 Scholars with whom agreements are in existence; and
69.1.6 Non Contract Players whose registrations have not been cancelled.
69.2 Full first names shall be included in all cases.
69.3 The registrations of Non Contract Players whose names are omitted from the Club List of Players are automatically cancelled. A Non Contract Player whose registration has not been cancelled must be re signed.
69.4 The Clubs' List of Players shall be published by The League not later than the second Saturday in June.
The List of Players is managed via iFAS on the Club Portal. Full details are circulated to Clubs prior to the deadline for submission of the information.
70 Players Over 24
70.1 A Player aged 24 years or over as at 30 June is entitled (subject to Regulation 43 to sign for any Club of his choice without restriction on the expiry of his contract on or after that date without payment of any Compensation Fee.
70.2 A Player who is under 24 years as at 30 June will have to wait until the following 30 June before he is entitled to the benefit of Regulation 70.1.
70.3 An Over 24 Player who has refused an offer of re-engagement which, in the opinion of the Board is not less favourable than the Player's current contractual terms, shall not be entitled to any severance or other payment in respect of the expiry of his contract or for any period after the expiry of his contract.
70.4 This Regulation 70 applies notwithstanding any other provisions in these Regulations and if there is any conflict, Regulation 70 shall prevail.
71 Avoidance and Evasion of Transfer Fees and/or Compensation Fees
71.1 If in the opinion of the Board a Standard Contract has been drawn up or amended with the purpose or effect of avoiding or evading the payment of full compensation in accordance with the intent of the provisions of these Regulations, the Board shall require the Club which is responsible for so drawing up or amending the contract to pay to the Club entitled to compensation the amount of compensation which the Board considers in its absolute discretion ought to be paid.
71.2 If in the opinion of the Board any Club unfairly traffics or deals in the registration of any Player or otherwise abuses in any way the system of transfer and compensation provided for by these Regulations or the intent thereof such Club shall be guilty of misconduct. If applicable the Board shall require such Club to pay to the Club from whom the registration of any Player was transferred such sum as the Board may consider just.
71.3 If any question within the ambit of this Regulation 71 shall arise in relation to a transfer between Clubs in membership of The League and The Premier League, any issues relating to alleged misconduct shall be referred to the Football Association and any question relating to the Transfer and/or Compensation Fee payable shall not be referred to the Board but direct to the Professional Football Compensation Committee.
72 Professional Football Compensation Committee
72.1 The Professional Football Compensation Committee shall adjudicate upon disputes:
72.1.1 arising from the transfer of registrations of Non Contract Players under Regulation 60;
72.1.2 arising from the re engagement system for Contract Players including disputes under Regulation 67; and
72.1.3 as provided in Regulations 63, 66 and 73;
72.2 The provisions of Appendix 4 – Regulations of the Professional Football Compensation Committee shall govern the conduct of proceedings before it.
73 Other Disputes
73.1 Any dispute or difference not otherwise expressly provided for in these Regulations between a Club and any Player shall be referred in writing to a Player Related Dispute Commission for consideration and adjudication.
74 Appeals from a Player Related Dispute Commission
74.1 Any Club or Player aggrieved by the decision of a Player Related Dispute Commission may appeal against that decision to the League Appeals Committee (and not, for the avoidance of doubt, to arbitration in accordance with Section 9 of the Regulations).
74.2 The League Appeals Committee shall comprise:
74.2.1 the Chairman of the Professional Football Negotiating and Consultative Committee, or his nominee, who shall act as the Independent Chairman of the Committee and who in case of equality of votes, shall have a second or casting vote;
74.2.2 a nominee of the Board;
74.2.3 a nominee of The Professional Footballers' Association; and
74.2.4 a nominee of the Institute of Football Management and Administration.
74.3 Notice of appeal must be lodged with the company secretary of The League within fourteen days of the Player Related Dispute Commission’s decision.
74.4 The Player may if he so desires be accompanied or represented at the Player Related Dispute Commission hearing and/or on the hearing of the appeal to the League Appeals Committee by an officer of the Professional Footballers’ Association. The Player and/or Club shall also be entitled to be legally represented but they must give The League prior written notice of their intention to be legally represented.
74.5 The League Appeals Committee shall be competent to call for any documentary evidence available to The League and shall have the power to order the attendance of and production of documents by any Club, Official, or Player.
74.6 The secretary of the League Appeals Committee shall be appointed by the Board from the Staff of The League.
74.7 The secretary of the League Appeals Committee shall send all evidence submitted by either party in the dispute to the other party or parties.
74.8 The Chairman of the League Appeals Committee may give directions as he thinks fit for the future conduct of the proceedings addressed in writing to the parties with which the parties shall comply without delay.
74.9 The Chairman of the League Appeals Committee shall have an overriding discretion as to the manner in which the hearing of the proceedings shall be conducted.
74.10.1 as otherwise agreed between the parties;
74.10.2 as directed by the Chairman in exercise of his discretion under Regulation 74.9 above; or
74.10.3 as prescribed by Regulation 74.13 below,
the League Appeals Committee shall proceed by way of a review of the evidence presented before, and the decision of, the Player Related Dispute Commission with the parties having the right to make written and oral submissions on those matters only.
74.11 The League Appeals Committee shall not be bound by any enactment or rule of law relating to the admissibility of evidence in proceedings before a Court of Law.
74.12 If any party wishes to introduce new evidence then their notice of appeal or reply must state so clearly and include a copy of any such evidence. The Chairman of the League Appeals Committee shall have absolute discretion to determine whether such new evidence shall be admitted. Such evidence will not be admitted unless:
74.12.1 the evidence was not available at the time of the original inquiry, hearing or proceedings notwithstanding the exercise of reasonable diligence by the person seeking to introduce it;
74.12.2 the evidence is credible; and
74.12.3 the evidence is relevant.
74.13 Where the Chairman of the League Appeals Committee decides to admit the new evidence under Regulation 74.12, the appeal shall be conducted as a full re-hearing.
74.14 The League Appeals Committee shall give reasons for its decision.
74.15 Further, the League Appeals Committee may make such order in respect of:
74.15.1 the costs of the investigation; and
74.15.2 the costs of the proceedings; and
74.15.3 the costs of the League Appeals Committee as it may think fit.
74.16 The League Appeals Committee shall have the power to enquire into any costs claimed by a party and to order that such costs be assessed on an equivalent basis to detailed assessment in the High Court.
74.17 The decision of the League Appeals Committee on all matters coming before it shall be final and binding on all parties and the provisions of section 9 shall not apply to disputes of this nature.
74.18 Should the Independent Chairman for any reason be absent or unable to act a Deputy Independent Chairman shall be appointed to act in his place by agreement between The League and The Professional Footballers' Association.
75 Inducements and Approaches
75.1 Subject to the provisions of Regulations 67 and 75.2, Clubs, Officials, Players shall not (and shall procure that their respective employees, agents or Intermediaries shall not) directly or indirectly induce or attempt to induce a Registered Player of another Club or a Premier League club to leave for any purpose whatsoever the employment of the Club with which he is registered or cease to be so registered. Any penalty imposed on a Club may include the refusal to register for the Club, guilty of the infringement, any Player whom they consider has been so induced.
75.2 Notwithstanding the provisions of Regulation 75.1, a Club shall be at liberty after the third Saturday in May in any year (or as determined by Regulations 67) and before the 1 July next following to make such an approach to a Contract Player:
75.2.1 who will become an Out of Contract Player on that 1 July; and
75.2.2 who has received no offer from his Club under Regulation 67; or
75.2.3 who has received but has declined such offer in writing.
75.3 Public statements by Clubs, Officials or Intermediaries of their interest in Registered Players of other Clubs shall be regarded as inducements within the meaning of this Regulation.
75.4 No Club shall employ a Player who is on the list of Registered Players of another Club or Premier League club or who has failed to comply with a decision of The Board, any Player Related Dispute Commission, any Disciplinary Commission or the League Appeals Committee. Infringements of this Regulation shall also be dealt with by a Disciplinary Commission who may impose any penalty they in their discretion feel necessary including refusal to register the Player.
75.5 Subject to the provisions of Regulations 67 and 75.6 a Registered Player shall not directly or indirectly communicate with or approach another Club or any Official or Player of another Club with the object of negotiating or arranging the transfer of himself or another Player to such other Club during the currency of a contract. Any infringement of this Regulation shall render the Player concerned and any Club, Official or other Player who enters into communication or negotiation shall be guilty of misconduct.
75.6 Notwithstanding the provisions of Regulation 75.5, after the third Saturday in May in any year (or as determined by Regulations 67) and before the 1 July next following, a Contract Player to whom Regulation 75.2 applies or any person on his behalf may make such an approach to a Club (or club) with a view to negotiating a contract with such Club (or club).