toms - 15/5/2017 11:00
mao tse tung - 15/5/2017 10:24
toms - 15/5/2017 10:15
If I were in the FL I would say no given what appears to be clouds over this potential buyer...can you imagine the scene if they said fine sure and then he was guilty of something. Don't know what the test is but if there is any reasonableness element in decision making this may be what is causing delay-maybe they are just not sure and the question is whether this lack of certainty is sufficient for them to say no
"reasonableness element"
I was wondering how long it would be before Rob1 reappeared!
The FL can only assess on what has actually happened.
They can refuse to assess if there are issues pending, like they did last August.
They cannot make decisions on what might happen.
Unless they are sat on some damning information that is not yet in the public domain, they cannot refuse him.
Mao please set out the fit and proper person test that the FL use with examples of how it has been interpreted and implemented with specific reference to matters currently on going but not yet proved
I cannot find any reference to the FL's test criteria; however, you can find the rules stipulated by the PL below:
This is the Premier League's fit and proper person test:
DISQUALIFYING EVENTS:
A person shall be disqualified from acting as a director and no club shall be permitted to have any person acting as a director of that club if:
Either directly or indirectly he is involved in or has any power to determine or influence the management or administration of another club or Football League club
Either directly or indirectly he holds or acquires any Significant Interest in a club while he either directly or indirectly holds any interest in any class of shares of another club
He becomes prohibited by law from being a director
He is convicted on indictment of an offence set out in the Appendix 12 Schedule of Offences or he is convicted of a like offence by a competent court having jurisdiction outside England and Wales
He makes an Individual Voluntary Arrangement or becomes the subject of an Interim Bankruptcy Restriction Order, a Bankruptcy Restriction Order or a Bankruptcy Order
He is a director of a club which, while he has been a director of it, has suffered two or more unconnected events of insolvency
He has been a director of two or more clubs or clubs each of which, while he has been a director of them, has suffered an Event of Insolvency.
SCHEDULE OF OFFENCES:
Conspiracy to defraud: Criminal Justice Act 1987, section 12
Conspiracy to defraud: Common Law
Corrupt transactions with (public) agents, corruptly accepting consideration: Prevention of Corruption Act 1906, section 1
Insider dealing: Criminal Justice Act 1993, sections 52 and 61
Public servant soliciting or accepting a gift: Public Bodies (Corrupt Practices) Act 1889, section 1
Theft: Theft Act 1968, section 1
Obtaining by deception: Theft Act 1968, section 15
Obtaining a money transfer by deception: Theft Act 1968, section 15A + B
Obtaining a pecuniary advantage by deception: Theft Act 1968, section 16
False accounting: Theft Act 1968, section 17
False statements by Company Directors: Theft Act 1968, section 19
Suppression of (company) documents: Theft Act 1968, section 20
Retaining a wrongful credit: Theft Act 1968, section 24A
Obtaining services by deception: Theft Act 1978, section 1
Evasion of liability by deception: Theft Act 1978, section 2
Cheating the Public Revenue/Making false statements tending to defraud the public revenue: Common Law
Punishment for fraudulent training: Companies Act 1985, section 458
Penalty for fraudulent evasion of duty etc: Customs & Excise Management Act 1979, section 170
Fraudulent evasion of VAT: Value Added Tax Act 1994 section 72
Person subject to a Banning order (as defined) : Football (Disorder) Act 2000, Schedule 1
Forgery: Forgery and Counterfeiting Act 1981, section 1
Copying a false instrument : Forgery and Counterfeiting Act 1981, section 2
Using a false instrument: Forgery and Counterfeiting Act 1981, section 3
Using a copy of a false instrument: Forgery and Counterfeiting Act 1981, section 4
Cheating the Public Revenue/ Making false statements tending to defraud the public revenue: Common Law
Punishment for fraudulent training: Companies Act 1985, section 458
Penalty for fraudulent evasion of duty etc: Customs & Excise Management Act 1979, section 170
Fraudulent evasion of VAT: Value Added Tax Act 1994, section 72
Person subject to a Banning order (as defined): Football (Disorder) Act 2000, Schedule 1
Forgery: Forgery and Counterfeiting Act 1981, section 1
Copying a false instrument: Forgery and Counterfeiting Act 1981, section 2
Using a false instrument: Forgery and Counterfeiting Act 1981, section 3
Using a copy of a false instrument: Forgery and Counterfeiting Act 1981, section 4