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Section 12 - Additional Provisions

123         Club Contracts

123.1     No Club shall enter into a contract which enables any other party to that contract to acquire the ability materially to influence its policies or the performance of its teams in League Matches or matches in any other recognised competition.

 

124         Minority Candidates

124.1     Subject to Regulation  124.7, any Academy Club seeking to appoint an individual to a Specified Role shall, as part of the recruitment process:

124.1.1  comply with any guidelines issued by The League from time to time regarding appropriate monitoring of applications including from Minority Candidates;

124.1.2  publicly advertise the vacancy for a period of not less than seven days, including on:

124.1.3  the Club’s official website; and

124.1.4  by passing a copy to The League for it to display on The League’s website and the Football Association’s ‘licensed coaching club website’;

where any application is received from any Minority Candidate(s), invite one or more Minority Candidate(s) to interview for that Specified Role.

124.2     Clubs must still comply with Regulation 23 (Club Employees / Relationships), but the refusal of another Club to grant permission to approach their Minority Candidate will not relieve the recruiting Club of its obligations under Regulation 115.1.

124.3     Invitations to interview any Minority Candidate for a Specified Role, whether accepted or declined, should be documented directly by the Club in a writing (which may be given by email) to the Minority Candidate, a copy of which must be retained by the Club.

124.4     Where an invitation to interview for a Specified Role is accepted, the Club must then interview the Minority Candidate.

124.5     Any refusal of a Minority Candidate to interview for a Specified Role should be recorded by the Club.  Clubs should not accept a refusal by a Minority Candidate to interview that is conveyed by an Intermediary, but should obtain direct confirmation from the Minority Candidate themselves.

124.6     Nothing in this Regulation obliges a Club to offer the Specified Role to a Minority Candidate.  Any appointment should be made on the basis of merit alone.

124.7     This Regulation will not apply where it is proposed to promote into the applicable Specified Role an internal candidate who is already fulfilling a different Specified Role at that Club, provided always that the Club then follows the process set out in this Regulation when recruiting for the vacancy created by that internal promotion.

124.8     Clubs shall provide reports in such format and at such times as The League requires relating to their compliance with the provisions of this Regulation (or any application of Regulation 124.7) in respect of each Specified Role, but to include the number of:

124.9     applications received; and

124.10   interviews offered, accepted and/or conducted,

124.11   in each case identifying the numbers relating to BAME Candidates and separately, all other candidates.  The League shall be entitled to publish anonymised data derived from those reports.

124.12   The requirements of this Regulation 124 are supplemental to any requirements of the Codes of Practice.

 

125         Minority Candidates – First Team

125.1     Where a Club seeking to appoint a Manager:

125.1.1  operates a recruitment process (which, for the purposes of this Regulation, involves any process of shortlisting of candidates and the interviewing more than one candidate); and

125.1.2  an application is received from any Minority Candidate(s),

that Club shall invite one or more Minority Candidate(s) to interview for the role of Manager.

125.2     Clubs shall provide reports in such format and at such times as The League requires relating to their compliance with the provisions of this Regulation.  The League shall be entitled to publish anonymised data derived from those reports.

125.3     The requirements of both Regulation 124 and this Regulation 125 are supplemental to any requirements of the Codes of Practice.

 

126         Prohibited Conduct – Observing Training Sessions

126.1     Without prejudice to the requirements of Regulation 3.4 (that each Club shall behave towards each other Club with the utmost good faith), no Club shall directly or indirectly observe (or attempt to observe) another Club’s training session in the period of 72 hours prior to any match scheduled to be played between those respective Clubs.

 

127         Supporter Engagement

127.1     Clubs shall hold at least two meetings/fans forums per Season to which its supporters (or representatives) are to be invited in order to discuss significant issues relating to the Club. The framework for these meetings shall be documented in the Club’s customer charter, but are subject to the following minimum criteria:

127.2     Clubs must be represented by the Club’s majority owner, board director(s) or other senior executive(s);

127.3     where meetings are not open to all supporters wishing to attend, the supporter representatives must be elected, selected or invited in line with basic democratic principles; and

127.4     individuals cannot be excluded by the Club without good reason (the Club acting reasonably).

 

128         Equality Act – Codes of Practice

128.1     The Board shall have the ability to, following consultation with the Football Association and Clubs, from time to time implement a code of practice on inclusion and anti-discrimination (Code of Practice).

128.2     Regulation 2 shall not apply to implementation of the Codes of Practice.

128.3     Clubs and their Officials shall observe and comply with the requirements of the Code of Practice and any breach thereof shall be treated as a breach of these Regulations.

129         Governing Law

129.1     English Law shall govern these Regulations and any proceedings under them. Any and all commissions, appeal bodies and arbitration panels shall apply English Law in determining any dispute referred to them under the Regulations.