Common use of Powers of Management Clause in Contracts

Powers of Management. The Management Committee may appoint sub-committees and delegate such of their powers as they deem necessary. The decisions of all sub-committees shall be reported to the Management Committee for ratification. The Management Committee shall have power to deal only with matters within the Competition and not for any matters of misconduct that are under the jurisdiction of The FA or Affiliated Association. Subject to the permission of the Sanctioning Authority having been obtained, the Management Committee may order a match or matches to be played each Season, the proceeds to be devoted to the funds of the Competition and, if necessary, may call upon each Club (including any club which may have withdrawn during the Season) to contribute equally such sums as may be necessary to meet any deficiency at the end of the Season. Each member of the Management Committee shall have the right to attend and vote at all Management Committee meetings and have one vote thereat, but no member shall be allowed to vote on any matters directly appertaining to such member or to the Club so represented or where there may be a conflict of interest. (This shall also apply to the procedure of any sub-committee). In the event of the voting being equal on any matter, the Chairman of the Management Committee shall have a second or casting vote. The Management Committee shall have powers to apply, act upon and enforce these Rules and shall also have jurisdiction over all matters affecting the Competition. Any action by the Competition must be taken within 28 days of the Competition being notified. With the exception of Rules 6(I), 8(H), and 9, for all alleged breaches of a Rule the Management Committee shall issue a formal written charge to the Club concerned. The Club charged shall be given 7 days from the date of notification of the charge to reply. In such reply a Club may: Accept the charge and submit in writing a case of mitigation for consideration by the Management Committee on the papers; or Accept the charge and notify that it wishes to put its case of mitigation at a hearing before the Management Committee; or Deny the charge and submit in writing supporting evidence for consideration by the Management Committee on the papers; or Deny the charge and notify that it wishes to put its case of mitigation at a hearing before the Management Committee. Where the Club charged fails to respond within 7 days, the Management Committee shall determine the charge in such manner and upon such evidence as it considers appropriate. Where required, hearings shall take place as soon as reasonably practicable following receipt of the reply of the Club as more fully set out above. Having considered the reply of the Club (whether in writing or at a hearing), the Management Committee shall make its decision and, in the event that the charge is accepted or proven, decide on the appropriate penalty (with reference to the Fines Tariff where applicable). With the exception of Teams playing at Step 7 of the National League System, the maximum fine permitted for any breach of a Rule is £250 and, when setting any fine, the Management Committee must ensure that the penalty is proportional to the offence, taking into account any mitigating circumstances. The maximum fine permitted for a breach of a Rule by a Team playing at Step 7 of the National League System is £500. No Participant under the age of 18 can be fined. All breaches of the Laws of the Game, or the Rules and Regulations of The FA shall be dealt with in accordance with FA Rules by the appropriate Association. All decisions of the Management Committee shall be binding subject to the right of appeal in accordance with Rule 7. Decisions of the Management Committee must be notified in writing to those concerned within 7 days. More than 50 % of its members shall constitute a quorum for the transaction of business by the Management Committee or any sub-committee thereof. The Management Committee, as it may deem necessary, shall have power to fill in an acting capacity, any vacancies that may occur amongst their number. A Club must comply with an order or instruction of the Management Committee and must attend to the business and/or the correspondence of the Competition to the satisfaction of the Management Committee. Failure to comply with this Rule will result in a fine in accordance with the Fines Tariff. Subject to a Club’s right of appeal in accordance with Rule 7 below, all fines and charges must be paid within 14 days of the date of notification of the decision. Any Club failing to do so will be fined in accordance with the Fines Tariff. Further failure to pay the fine including the additional fine within a further 14 days will result in fixtures being withdrawn until such time as the outstanding fines are paid. A member of the Management Committee appointed by the Competition to attend a meeting or Competition Match may have any reasonable expenses incurred refunded by the Competition. The Management Committee shall have the power to fill any vacancy that may occur in the membership of the Competition between the AGM or SGM called to decide the constitution and the commencement of the Playing Season. The business of the Competition as determined by the Management Committee may be transacted by electronic mail or facsimile.

Appears in 1 contract

Sources: Club Governance Agreement

Powers of Management. (A) The Management Committee may appoint sub-committees committee and delegate delegates such of their powers as they deem necessary. The decisions of all sub-committees shall be reported to the Management Committee for ratification. The Management Committee shall have power to deal only with matters within the Competition and not for any matters of misconduct that are under the jurisdiction of The FA or Affiliated Association. . (B) Subject to the permission of the Sanctioning Authority having been obtained, obtained the Management Committee may order a match or matches to be played each Seasonseason, the proceeds to be devoted to the funds of the Competition and, if necessary, may call upon each Club (including any club Club which may have withdrawn during the Seasonseason) to contribute equally such sums as may be necessary to meet any deficiency at the end of the Season. . (C) Each member of the Management Committee shall have the right to attend and vote at all Management Committee meetings and have one vote thereat, but no member shall be allowed to vote on any matters directly appertaining to such member or to the Club so represented or where there may be a conflict of interest. (This shall also apply to the procedure of any sub-committee). In the event of the voting being equal on any matter, the Chairman of the Management Committee shall have a second or casting vote. . (D) The Management Committee shall have powers to apply, act upon and enforce these the Rules of the Competition and shall also have jurisdiction over all matters affecting the Competition. Any action by the Competition must be taken within 28 days of the Competition being notified. With the exception of Rules 6(I), 8(H), and 9, for all alleged breaches of a Rule the Management Committee shall issue a formal written charge to the Club concerned. The Club charged shall be given 7 days from the date of notification of the charge to reply. In such reply a Club may: . (i) Accept the charge and submit in writing a case of mitigation for consideration by the Management Committee on the papers; or or (ii) Accept the charge and notify that it wishes to put its case of mitigation at a hearing before the Management Committee; or or (iii) Deny the charge and submit in writing supporting evidence for consideration by the Management Committee on the papers; or or (iv) Deny the charge and notify that it wishes to put its case of mitigation at a hearing before the Management Committee. Where the Club charged fails to respond within 7 days, . (E) All decisions of the Management Committee shall determine be binding subject to the right of appeal in accordance with Rule 7. Decisions of the Management Committee must be notified in writing to those concerned within 7 days. (F) Five (5) of its members shall constitute a quorum for the transaction of business of the Management Committee or three (3) for any sub-committee thereof. (G) The Management Committee, as it may deem necessary, shall have power to fill, in an acting capacity, any vacancies that may occur amongst their number. (H) A Club must comply with an order or instruction of the Management Committee and must attend to the business and/or the correspondence of the Competition to the satisfaction of the Management Committee. Failure to comply with this Rule will result in a fine in accordance with the Fines Tariff. (I) Subject to a Clubs right of appeal in accordance with Rule 7 below, all fines and charges shall be paid within 14 days of the date of posting of notification of the decision. (J) A member of the Management Committee appointed by the Competition to attend a meeting or Competition match may have any reasonable expenses incurred refunded by the Competition. (K) The Management Committee shall have the power to fill any vacancy that may occur in the membership of the Competition between the AGM or SGM called to decide the constitution and the commencement of the Competition Playing Season. (L) The business of the Competition as determined by the Management Committee may be transacted by electronic mail or facsimile. (i) The Management Committee may also transact business by telephone conference calls as and when necessary or any other appropriate electronic communication (M) A club failing to be represented at a General Meeting may be fined £50 for each occasion and failing to be represented at three consecutive meetings shall be dealt with as the Management Committee may determine. In accordance with Rule 6 (D). (A) The Management Committee shall issue a formal written charge to the Club concerned. The Club charged is required to respond to the charge in such manner and upon such evidence as it considers appropriate. Where required, hearings shall take place as soon as reasonably practicable following receipt within 7 days from the date of notification of the charge. In such reply a Club may:- (i) Accept the charge and submit in writing a case of mitigation for consideration by the Club as more fully set out above. Management Committee on the papers; or (ii) Accept the charge and notify that it wishes to put its case of mitigation at a hearing before the Management Committee (iii) Deny the charge and submit in writing supporting evidence for consideration by the Management Committee on the papers; (B) Having considered the reply of the Club (whether in writing or at a hearing), the Management Committee shall make its decision and, in the event that the charge is accepted or proven, decide on the appropriate penalty (with reference to the Fines Tariff where applicable). With the exception of Teams playing at Step 7 of the National League System, the maximum fine permitted for any breach of a Rule is £250 and, when setting any fine, the Management Committee must ensure that the penalty is proportional to the offence, taking into account any mitigating circumstances. The maximum fine permitted for a breach of a Rule by a Team playing at Step 7 of the National League System is £500. No Participant under the age of 18 can be fined. All breaches of the Laws of the Game, or the Rules and Regulations of The FA shall be dealt with in accordance with FA Rules by the appropriate Association. All decisions of the Management Committee shall be binding subject to the right of appeal in accordance with Rule 7. Decisions of the Management Committee must be notified in writing to those concerned within 7 days. More than 50 % of its members shall constitute a quorum for the transaction of business by the Management Committee or any sub-committee thereof. The Management Committee, as it may deem necessary, shall have power to fill in an acting capacity, any vacancies that may occur amongst their number. A Club must comply with an order or instruction of the Management Committee and must attend to the business and/or the correspondence of the Competition to the satisfaction of the Management Committee. Failure to comply with this Rule will result in a fine in accordance with the Fines Tariff. Subject to a Club’s right of appeal in accordance with Rule 7 below, all fines and charges must be paid within 14 days of the date of notification of the decision. Any Club failing to do so will be fined in accordance with the Fines Tariff. Further failure to pay the fine including the additional fine within a further 14 days will result in fixtures being withdrawn until such time as the outstanding fines are paid. A member of the Management Committee appointed by the Competition to attend a meeting or Competition Match may have any reasonable expenses incurred refunded by the Competition. The Management Committee shall have the power to fill any vacancy that may occur in the membership of the Competition between the AGM or SGM called to decide the constitution and the commencement of the Playing Season. The business of the Competition as determined by the Management Committee may be transacted by electronic mail or facsimile.

Appears in 1 contract

Sources: League Rules