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<strong>PREMIER</strong> <strong>LEAGUE</strong> RULES: SECTION E<br />

SECTION E: CLUBS – FINANCE<br />

Sporting Sanction Old Rule<br />

E.35. Upon a Club or its Parent Undertaking suffering an Event of Insolvency the Board<br />

shall have the power to impose upon the Club a deduction of 9 points scored or to<br />

be scored in the League competition. If the Board exercises this power it shall<br />

forthwith give written notice to the Club to that effect.<br />

E.36. Subject to Rule E.37, the Club may appeal against the deduction of points by<br />

sending or delivering to the Secretary Form 3 so that he receives the same<br />

together with a deposit of £1,000 within 7 days of the date of the notice given<br />

under the provisions of Rule E.35 (time of the essence).<br />

E.37. The only ground upon which a Club may appeal as aforesaid is that:<br />

E.37.1. the Event of Insolvency was caused by and resulted directly from<br />

circumstances, other than normal business risks, over which it could not<br />

reasonably be expected to have had control; and<br />

E.37.2. its Officials had used all due diligence to avoid the happening of that event.<br />

E.38. An appeal under the provisions of Rule E.36 shall lie to an appeal tribunal which<br />

shall hear the appeal as soon as reasonably practicable. The appeal tribunal shall<br />

be appointed by the Board and shall comprise 3 members of the Panel including:<br />

E.38.1. an authorised insolvency practitioner; and<br />

E.38.2. a legally qualified member who shall sit as chairman of the tribunal.<br />

E.39. The chairman of the appeal tribunal shall have regard to the procedures governing<br />

the proceedings of Commissions and Appeal Boards set out in Rules Section W of<br />

these Rules (Disciplinary) but, subject as aforesaid, shall have an overriding discretion<br />

as to the manner in which the appeal is conducted.<br />

E.40. The Club shall have the onus of proof of the matters set out in the appeal on the<br />

balance of probabilities.<br />

E.41. If the members of the appeal tribunal are not unanimous the decision of the<br />

majority of them shall prevail.<br />

E.42. The appeal tribunal shall give written reasons for its decision. C.74<br />

E.43. Members of the appeal tribunal shall be entitled to receive from the League a<br />

reasonable sum by way of fees and expenses.<br />

E.44. The appeal tribunal shall have the following powers:<br />

E.44.1. to allow or dismiss the appeal;<br />

E.44.2. to order the deposit to be forfeited to the League or repaid to the appellant<br />

Club;<br />

E.44.3. to order the appellant Club to pay or contribute to the costs of the appeal<br />

including the fees and expenses of members of the appeal tribunal paid or<br />

payable under Rule E.43.<br />

E.45. The decision of the appeal tribunal shall be final and binding on the appellant Club. C.77<br />

108<br />

C.67<br />

C.68<br />

C.69<br />

C.70<br />

C.71<br />

C.72<br />

C.73<br />

C.75<br />

C.76

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