Joint Handbook 2023 2024

a ‘ Force Majeure ’ event shall be an event that, having regard to all of the circumstances, is reasonably considered to have been unforeseeable and unavoidable. 13.A.10 The Appeal Board shall have the power to: - 13.A.10.1 Confirm the deduction of ten points; or 13.A.10.2 Set aside the deduction of ten points and substitute a deduction of such lower number of points as it shall deem appropriate; or 13.A.10.3 Order that there shall be no sanction at all. 13.A.11 The decision of the Appeal Board shall be final and binding. Any costs incurred by any party in appeal proceedings brought before the Appeal Board shall be met by the Club in any event and shall be considered as a sum due to the Company. 13.A.12 Any sanctions imposed pursuant to these provisions shall not be taken into account in respect of any other sanctions, penalties or fines that may be imposed by the Competition in respect of any breaches of its Rules, Regulations or Articles of Association by the Club. GENERAL INSOLVENCY 13.B.1 In the event of a Club entering an Insolvency Event between the end of the AGM and start of the AGM immediately following thereafter (‘ the next AGM ’) then it shall automatically be relegated by one Step at the next AGM, unless one of the following requirements has been met, namely Prior to the next AGM it has Paid in Full all its creditors (including but not limited to Football Creditors); or Prior to the next AGM it has Paid in Full its Football Creditors and entered a compliant Creditor Compromise. For the purposes of this Rule, a Creditor Compromise shall be considered compliant if it provides for the following: That all Creditors will be paid in Full; The first payment under the terms of the Creditor Compromise shall be made within 28 days of the approval of the Creditor Compromise and shall constitute a minimum of 10% of the total sum payable; The balance shall be paid in equal amounts over the remaining period of the Creditor Compromise ; The period of the Creditor Compromise shall not extend beyond three years from the date of approval. Notwithstanding the above, in the event of a Club being subject to an Insolvency Event at the date of the AGM, then the Club may be subject to such sanction as the Board may determine, (including expulsion from membership of the Competition) unless the Board is satisfied that by no later than 5pm on 31 July (or, if the 31 July falls on a weekend, 5pm on the immediately preceding Business Day) that the Club (or any new entity to which its membership is subsequently transferred under 2.9.2 above) is in a financial position to complete all of its fixtures for the immediate following Playing Season. This sanction shall apply in addition to any Club being relegated pursuant to its playing record in the same period namely that in the event of the Club having already been relegated by one Step it shall be relegated two Steps. This provision is subject to Rule 2.9.1 in respect of Clubs which have transferred their membership pursuant to an Insolvency Event and in that case where there is any conflict between any provision of Clause 14 and 2.9.1 then this Clause 14 shall prevail. 13.B.2 A Club shall not be eligible for promotion or to compete in the Play Offs at the end of a Playing Season if at 5pm on the date on which the last scheduled League fixture is due to be played that Club: (i) has entered an Insolvency Event between the date of the AGM and 5pm on the date on which the last scheduled League fixture is played and has not Paid in Full all its creditors to which the Insolvency Event applies (including but not limited to Football Creditors) or Paid in Full all its Football Creditors and entered a Creditor Compromise to have Paid in Full all other creditors over an agreed period not extending more than three years following the date of approval of the Creditor Compromise: or 13.B

40

Made with FlippingBook Digital Proposal Maker