FA powerless to deduct points after last game

[W12_Ranger]

I beg to differ based on a rule book albeit not this years and unless they have changed the rule aspect of what was rule 10.

10.1.1.2 At the end of each Season, the two Clubs finishing in the highest positions
in the First Division of The League shall be promoted to The Premier
League in accordance with the Articles of Association, rules and regulations
of The Premier League. The four next highest Clubs in the First Division
shall take part in a Play-Off Competition. The winner of the Play-Off
Competition shall also be promoted to The Premier League upon the
same terms.

The same handbook defines the season as I stated before:

‘Season’ means the period of the year commencing on the date of the first League Match and, or each Club, ending immediately after the completion of the Club’s final fixture of the League Championship or, if the Club is participating in the Play-Offs, the final Play-Off match for that Club.

So technical subject to the provisions of the PL rules and regulations the club is promoted and that takes affect in June.

It is stated that part of this affair began after the club raised the potential breach or sought clarity on the matter. It is stated that it then was referred to the FA after the FL could not decide/rule on it.

In what was rule 7 and still may be it states:


Where a matter is referred to The Football Association, it shall be entitled to exercise all the powers and sanctions set out in these Regulations in relation to the Football League Club, its Officials and Players.

With regards to discipline there is a long range of sanctions, points and fines etc.

More interestingly if the FA is excising its powers under the referral process there is a 28 day appeal process.

The point is that technically for the club if a sanction be applied that takes away the Championship, if so where does club then sit in the table. Is it going to make other clubs unhappy. Even then there is a 28 day appeal procedure if this rule is being applied. Total chaos not just who goes up, who stays, the transfer market. Even if the points deduction was a very large one and was to take immediate affect, the season, as defined by the FL is over around the time the referee blows their whistle, unless of course it is served before 2pm Saturday. The words are the words, and in law these are what will be applied, people in the FA may like to get around a tight time frame but they are on the edge of a legal minefield.

WTF that is some heavyweight summary there!!! I have not seen a commentator on this case within the mainstream media who comes within a mile of your understanding of it and the complex issues surounding it. I'm very grateful to have you on board.

[swanleyhoop]

What the leveller has said might be why, in practical terms, season-long loans end on the final whistle of the final game -- to play in playoffs, an extension has to be agreed, as we had to do with Kevin McLeod in 2003.

[stainrodisalegend]

Thanks Leveller, good summary

[silvercue]

Good summary Leveller, but I don't see what point you are disagreeing with from me. Neither us or Norwhich are Premier League clubs at the moment and if you are in the play offs, the season finishes after that final result is concluded.

[80sCasual]

Yes but we are not.

[silvercue]

As it stands, and I guess arguing the finer points of detail in contracts, regulations, rules and agreements is why these legal guys get paid more then me!

[W12_Ranger]

Good summary Leveller, but I don't see what point you are disagreeing with from me. Neither us or Norwhich are Premier League clubs at the moment and if you are in the play offs, the season finishes after that final result is concluded.

‘Season’ means the period of the year commencing on the date of the first League Match and, or each Club, ending immediately after the completion of the Club’s final fixture of the League Championship or, if the Club is participating in the Play-Offs, the final Play-Off match for that Club.

If I read this right he is saying that if our final fixture is the last game against Leeds and we sitting in the automatics then thats it, finito on the final whistle. We therefore need to have points deducted beforehand for our season to end thereafter in a Play Off position.

However, if we are sitting in the Play Offs come the end of the season our season finishes the last match we play there, be it the semi final second leg or the final itself.

But

So technical subject to the provisions of the PL rules and regulations the club is promoted and that takes affect in June


This suggests that we can't be promoted till June, but if our season has already ended what happens if we can't get points deducted by this point???

Seems like a grey area to me, or maybe I have read this wrong?

[silvercue]

it's a dirty, murky sesspit that legal bods thrive in. Did someone say that the same company is representing both sides? If so (though not sure that is legally possible), it is in their interest to string this out for years!

[paulmason]

am I correct in saying that if there is a point deduction which drops us in the play off's, QPR FC will not be taking part and the FA can say what they want, but legally we have the right to appeal and we will and the FA can do nothing about it.

[stainrodisalegend]

Barristers work as individuals, not a company. They just share the same chambers, apparently.

If the season has ended with our final game then that surely is it. Technically I assume what they mean is the regulations for the forthcoming season start to kick in in June. In the meantime I guess its just close season when no one can be fined - but that's just based on my interpretation, cd be wrong.

[The Leveller]

‘Season’ means the period of the year commencing on the date of the first League Match and, or each Club, ending immediately after the completion of the Club’s final fixture of the League Championship or, if the Club is participating in the Play-Offs, the final Play-Off match for that Club.

If I read this right he is saying that if our final fixture is the last game against Leeds and we sitting in the automatics then thats it, finito on the final whistle. We therefore need to have points deducted beforehand for our season to end thereafter in a Play Off position.

However, if we are sitting in the Play Offs come the end of the season our season finishes the last match we play there, be it the semi final second leg or the final itself.

But

So technical subject to the provisions of the PL rules and regulations the club is promoted and that takes affect in June


This suggests that we can't be promoted till June, but if our season has already ended what happens if we can't get points deducted by this point???

Seems like a grey area to me, or maybe I have read this wrong?

You have got it in one. Go to top of the class.

As to lawyer is same chambers from the next post more common than you think. They will have procedures for this and there will be a complete separation between the two legal teams.

[silvercue]

As to lawyer is same chambers from the next post more common than you think. They will have procedures for this and there will be a complete separation between the two legal teams.

"officially"

[2touch]

WTF that is some heavyweight summary there!!! I have not seen a commentator on this case within the mainstream media who comes within a mile of your understanding of it and the complex issues surounding it. I'm very grateful to have you on board.

You can't say that, or an unnamed may accuse you of wanting us to lose...

[2touch]

You have got it in one. Go to top of the class.

As to lawyer is same chambers from the next post more common than you think. They will have procedures for this and there will be a complete separation between the two legal teams.

Are they called Chinese walls in legal firms? Standard in my line of work.

[The Leveller]

Barristers work as individuals, not a company. They just share the same chambers, apparently.

If the season has ended with our final game then that surely is it. Technically I assume what they mean is the regulations for the forthcoming season start to kick in in June. In the meantime I guess its just close season when no one can be fined - but that's just based on my interpretation, cd be wrong.

The grey area is what comes into play during normal playing season and what can happen off season. It is quite possible that you carry an award given off season into the normal playing season. However if into the PL I am exploring another legal concept and that is double jeopardy.

However that is it for now, I have a professional life and it is time to earn my daily bread.