England Disciplinary Regulations 2021

INTRODUCTION

1.1 These Regulations are made under Golf’s Articles of Association, which require England Golf to establish and maintain appropriate rules, policies, codes, and procedures. All members, including county, club and playing members are bound by such rules, policies codes and procedures.

1.2 England Golf shall establish and maintain appropriate practice directions under these Regulations in order to govern how these Regulations are applied in practice.

1.3 These Regulations, and the associated practice directions described at 1.2 (collectively referred to as the “Regulations”) are how England Golf exercises disciplinary authority in relation to its rules, policies, codes, and procedures in accordance with its statement of values.

1.4 These Regulations may be amended under the authority of the Board of England Golf at any time and at its sole discretion and such amendments shall be effective from the date stated.

1.5 Capitalised terms in these Regulations have the meanings set out in Part 4 – Definitions and Interpretations. For ease of reference, a number shown in bold in these Regulations is a reference to a clause in these Regulations. A reference preceded by PD is a reference to the practice directions referred to in 1.2.

1.6 England Golf will not be liable to any person, or body for any loss, however caused, whether direct, indirect, financial, or consequential arising out of or in connection with any disciplinary action taken under the Regulations.

1.7 The laws of England and Wales shall apply to these Regulations.

Explanatory Note

England Golf aims to deal with disciplinary matters efficiently, and in a manner which is proportionate to the issues in dispute.

We therefore expect the parties to a dispute to make reasonable attempts to resolve disputes outside of these formal procedures both before and after a complaint is raised with England Golf.

England Golf is not able to deal with matters under these Regulations which relate to the membership contract between a and a member, and which do not relate to playing the game of golf. See Regulation 3.2.

It is unlikely that England Golf will consider disciplinary action under these Regulations unless the issue is one of national importance, and all other reasonable avenues of resolving a dispute have been exhausted.

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PART 1 – SCOPE

2. WHO IS BOUND BY THE REGULATIONS

These Regulations shall be binding on all Participants in events arranged or administered by England Golf.

3. JURISDICTION

3.1 The jurisdiction of the Regulations shall include without limitation the following:

3.1.1 Alleged breaches of England Golf’s Terms and Conditions of Affiliation, Rules, regulations, policies codes and practices, and its statement of values.

3.1.2 Alleged breaches of rules codes or standards of behaviour by a Participant, or in relation to an England Golf Tournament or England Golf Team.

3.1.3 Alleged breaches of the Rules of Golf, Rules of handicapping, competition rules, infringements/adjustments, disqualifications, and any breach of regulations in relation to any England Golf Tournament whether or not that has already been dealt with in relation to any particular competition. For the avoidance of doubt, a matter already dealt with by an Official during a tournament may also be dealt with under the Regulations.

3.1.4 Any matter where, in the reasonable opinion of England Golf, a Participant:

3.1.4.1 Engages in misconduct, cheating or an act of dishonesty.

3.1.4.2 Fails to co-operate with the operation of the Regulations; and/or

3.1.4.3 Engages in any conduct which is incorrect, inappropriate, unlawful, or unsporting, or behaves in a manner which is unacceptable or opposed to the general interests of England Golf or the sport of golf or which brings the sport or England Golf into disrepute.

3.2 For the avoidance of doubt, matters which relate to the membership contract (whatever that may be called) between a Golf Club and an individual Member which do not relate to the playing of the game of golf shall not be within the scope of the Regulations.

3.3 Golf Clubs and County Bodies are required to have in place disciplinary rules, regulations, or procedures (whatever they are called) which are consistent with these Regulations. For the avoidance of doubt, such rules shall include a right of appeal where appropriate grounds have been made out. Where, in an appeal at any level, a disciplinary appeal body considers that a process has been followed that is inconsistent with these Regulations, the appeal body may remit the matter for reconsideration by the first instance disciplinary body.

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4. DETERMINING THE APPROPRIATE DISCIPLINARY BODY

4.1 Generally, disciplinary matters shall be dealt with at their most local level, so that matters arising at club or county level should be dealt with that level. Where a right of appeal exists, it will usually be dealt with as follows:

Matter arising at… Disciplinary body Appeal level at first instance Club level Club County (after internal club appeal where this exists) County level, or two or more County England Golf clubs within a county National, two or more counties England Golf England Golf (appeal panel will or two or more clubs not not include any member within a single county previously involved with the matter)

PART 2 PROCESS

5. RAISING OF DISCIPLINARY ISSUES

5.1 Any person or body, including an employee or officer of England Golf, may raise an issue to be considered for disciplinary action by using the following process:

5.1.1 Issues to be considered shall be raised in writing to the Governance department of England Golf either by email to [email protected] or by post to The Governance Department, England Golf, The National Golf Centre, The Broadway, Woodhall Spa, Lincolnshire, LN10 6PU; or

5.1.2 Where it is not reasonably practicable for an issue to be raised in writing the Governance Department will consider what reasonable adjustments may be necessary to allow proper consideration of the issue.

5.2 Upon receiving Notice of a Complaint or disciplinary matter in accordance with 5.1 above, England Golf shall consider whether the matter can be dealt with under these Regulations. England Golf will, within a reasonable time (depending on all the circumstances) inform the person raising the issue of its intended next steps.

6.TEMPORARY SUSPENSION

6.1 The Governance Department may seek at any time to impose a temporary suspension upon the Respondent, or any other appropriate party to, or subject of, a disciplinary matter, by making an application to a member of the Disciplinary Panel qualified to sit as Chair.

6.2 A temporary suspension shall not be deemed to be a disciplinary sanction until such time as the matter is determined by the Disciplinary Panel, when it may be taken into account in respect of the imposition of any sanctions.

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6.3 Temporary suspensions may be imposed for a defined or indefinite period. The nature of the suspension will be communicated to the Respondent in writing. All suspensions will be reviewed on a periodic basis as ordered by the appointed Chair.

6.4 The Governance Department may communicate the fact of the suspension to any relevant third parties.

7. NOTICE OF CHARGE AND RESPONSE

7.1 Where the Governance Department determines that a Disciplinary Issue should be dealt with by way of a disciplinary hearing the Governance Department shall prepare and send to the Respondent a Notice of Charge.

7.2 The Respondent shall have 15 working days from receipt of the Notice of Charge to submit a written reply to the Notice of Charge either:

7.2.1 accepting the charge; or

7.2.2 denying the charge in which case the matter will be dealt with by a full disciplinary hearing.

7.3 If the Respondent accepts the charge the Disciplinary Panel may deal with the case in the Respondent’s absence in accordance with PD 11c. The Respondent is permitted to make written representations in relation to mitigation within 5 working days from accepting the charge.

7.4 If the Respondent does not accept the charge, or no response to the Notice of Charge is received within the time limit set out in 7.2 the Governance Department shall proceed to appoint a Disciplinary Panel.

7.5 The Governance Department shall appoint the Disciplinary Panel within 15 working days from receipt of the response from the Respondent.

8. APPOINTMENT OF A DISCIPLINARY PANEL

8.1 A Disciplinary Panel will normally consist of three members. The members of the Disciplinary Panel shall be appointed from the individuals listed on the Disciplinary Tribunal Panel Register in accordance with the process outlined in PD 8.

8.2 The Governance Department shall act as the secretary and administrator for the Panel. Where possible this function will be carried out by a member of the Governance Department not involved in any prior stages of the matter.

9. DIRECTIONS

9.1 Following the appointment of the Panel, the Chair will review the Notice of Charge and any Response and may either set directions for the conduct of the matter or invite the Parties to propose or agree such directions. Such directions may include but shall not be limited to the standard directions set out in PD 9.

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10. SERVICE OF DOCUMENTS

10.1 Each party must send all communications to the Governance Department who shall distribute copies as appropriate to the Disciplinary Panel and any Interested Parties.

10.2 Any notification, correspondence or any other document submitted under the Regulations may be sent in writing by email, by post or in person. Service of documents by fax is not permitted. Rules relating to time of service are contained in PD 10.

10.3 All postal correspondence addressed to the Governance Department shall be sent to England Golf, The National Golf Centre, The Broadway, Woodhall Spa, Lincolnshire, LN10 6PU, marked for the attention of the Governance Department.

11. CONDUCT OF HEARINGS

11.1 The conduct of disciplinary proceedings will be in accordance with the principles of natural justice as determined by and consistent with English law.

11.2 The Chair may make specific directions for the conduct of the hearing, which may include matters in the example directions set out in PD 11. The Chair may direct that the hearing will take place in a particular manner, such as by telephone, video conference or written procedure.

11.3 Proceedings, findings, or decisions of a Disciplinary Panel shall not be invalidated by reason of any minor defect, irregularity, omission, or technicality unless it amounts to a material irregularity and forms a ground of appeal.

11.4 The standard of proof in all disciplinary cases (including appeals) is the balance of probabilities.

11.5 The Disciplinary Panel shall decide any issue by majority but shall not be required to indicate whether a decision has been taken unanimously or not. No member of the Disciplinary Panel may abstain from voting.

11.6 If a Charge has not been proved, the Disciplinary Panel shall impose such sanction(s) as they see fit in accordance with 15 below.

11.7 If a Charge has not been proved, the Disciplinary Panel shall dismiss the Charge.

12. CHILDREN AND ADULTS AT RISK OF HARM

12.1 Where a disciplinary matter involves a Young Person or an Adult at Risk of Harm, the Governance Department, the Disciplinary Panel and/or Appeal Panel must be mindful of the needs of the person in question and take these into account when deciding upon directions, the format of proceedings whether any action should be taken against such a person. The Panel may ask England Golf to provide or appoint a person suitably trained at dealing with children or adults at risk of harm to assist or advise the Panel or any Party.

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13. THE PANEL’S DECISION

The Chair of the Disciplinary Panel may announce the decision of the Disciplinary Panel and any sanction at the conclusion of the hearing or may defer the decision to a later date. In either case the Panel shall provide a written record of its decision with reasons.

14. SANCTIONS

14.1 Where a Charge is upheld, the Disciplinary and/or Appeals Panel may impose such sanctions upon the Respondent as it thinks fit including, without limitation, the following sanctions:

14.1.1 A warning or reprimand in respect of the misconduct or rule breach committed;

14.1.2 Any sanction permitted by the Rules of Handicapping;

14.1.3 Suspension or exclusion from England Golf activities including England Golf Tournaments, teams, meetings, or other events as a Player, Official, Spectator or Volunteer for a specified or indefinite period;

14.1.4 Suspension or exclusion from holding office within England Golf;

14.1.5 Withdrawal of some or all of any golf related financial support or benefits;

14.1.6 A fine not exceeding £1,000 in the case of an individual, or £10,000 in the case of a Golf Club, Golf Facility or County Body;

14.1.7 A requirement to undertake training or be subject to a period of monitoring or mentoring;

14.1.8 Suspension or Exclusion from membership of England Golf;

14.1.9 Removal of any benefits of being a Subscriber; and/or

14.1.10 A combination of any of the above or any other disciplinary action as considered appropriate and in accordance with the Rules and Articles of Association of England Golf.

14.2 The decision taken by the Disciplinary Panel in relation to the sanction to be imposed must be reasonable and proportionate in all circumstances.

14.3 Any suspension imposed by a Disciplinary Panel may be backdated to include any interim suspension that may have been imposed pursuant to 6.

14.4 The Disciplinary Panel may order that any part of sanction be suspended for a specified period (not exceeding twelve months). If the person benefiting from a suspended sanction commits another breach of the Rules and regulations of England Golf or is the subject of a further Disciplinary Issue during the period of such suspended sanction which is subsequently upheld, then the suspension of the sanction is automatically revoked, and that sanction is added to the sanction for the new breach.

14.5 All fines and financial sanctions should be paid within 28 days from the notice of the fine or financial sanction being applied. England Golf may suspend membership

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or any benefits until such fine or financial sanction has been paid. Interest shall be paid at the rate applicable to judgment debts in England from the end of the 28- day period until the actual date of payment.

15. COSTS

The Disciplinary Panel may, at its discretion, make an order for the costs relating to the disciplinary action to be paid in such proportion as they may decide by any of the parties. The Disciplinary Panel will not ordinarily make an order for costs without first considering submissions from the relevant parties on the question of costs.

16. PUBLICATION OF DECISIONS

England Golf may publish details of any disciplinary action taken, including publication of any decision made by the Disciplinary Panel where a Complaint is upheld.

PART 3 – APPEALS

17. PROCESS FOR AN APPEAL

17.1 An Appeal Panel convened in accordance with the Regulations is competent to hear appeals in the following circumstances:

17.1.1 Decisions of a Disciplinary Panel;

17.1.2 Decisions of an England Golf Selection Committee;

17.1.3 Decisions from clubs or counties in accordance with 4; and

17.1.4 Decisions of any other body, panel or committee of England Golf which has been created in accordance with the Articles of Association and / or the Rules of England Golf from time to time.

17.2 Leave to appeal can only be sought against a Decision on one or more of the following grounds:

17.2.1 The Decision was based on error of fact or could not have been reasonably reached by a Disciplinary Panel when faced with the evidence before it;

17.2.2 Serious procedural or other irregularity in the proceedings before the Disciplinary Panel;

17.2.3 Significant and relevant new evidence has become available which was not available before the conclusion of the Hearing but, had it been available, may have caused the Disciplinary Panel to reach a materially difference decision; and/or

17.2.4 The sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel.

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17.3 A Respondent who has admitted the charge under the Regulations may only appeal on the ground that the sanction imposed was manifestly unreasonable in the light of the facts before the Disciplinary Panel (17.2.4).

17.4 The party seeking leave to appeal (the ‘Appellant’) shall serve a Notice of Appeal in writing upon the Governance Department within 10 working days following receipt of the written grounds of the Decision against which the appeal is being made.

17.5 The Notice of Appeal shall:

17.5.1 State the date and decision of the Disciplinary Panel against which the appeal is lodged;

17.5.2 State the ground(s) of appeal relied upon in 17.2 above;

17.5.3 Set out the statement of facts upon which the appeal is based, specifying whether the appeal is against finding and sanction or just sanction alone and include any supporting documentation upon which the Appellant will rely; and

17.5.4 Be accompanied by a cheque for £500 made payable to England Golf ("the Deposit"). This Deposit shall be held by England Golf and re-paid to the Appellant if the Appeal Panel so decides.

17.6 Upon receipt of the Notice of Appeal, the Governance Department will refer the matter to a Chair (who shall have had no prior involvement in the matter) to consider the matter and decide if the Notice of Appeal shows that ground(s) of appeal are made out. If the Chair is satisfied that there are grounds to do, he will appoint a further two members from the Disciplinary Panel Register (who shall have had no prior involvement in the matter) to form an Appeal Panel.

17.7 In the case of appeals the time limits specified in the Regulations must be complied with.

18. POWERS OF AN APPEAL PANEL

18.1 Any appeal of a Disciplinary Panel Decision shall be by way of review only and not a re-hearing.

18.2 An Appeal Panel has the power to:

18.2.1 dismiss the Appeal;

18.2.2 overturn any finding or sanction imposed by the original Disciplinary Panel;

18.2.3 remit the matter for a re-hearing;

18.2.4 substitute an alternative finding;

18.2.5 reduce or increase the original sanction; and/or

18.2.6 make such further order as it considers appropriate.

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18.3 For the avoidance of doubt, sanctions may be increased as well as decreased on appeal.

18.4 Any sanction imposed, confirmed, or varied by the Appeal Panel shall normally commence on the day following the date of the appeal or with immediate effect.

18.5 The Chair of the Appeal Panel may:

15.5.1 announce the decision of the Appeal Panel at the hearing; or

18.5.2 defer the Appeal Panel’s decision to a later date.

18.6 The decision of an Appeal Panel shall be final and binding upon the parties, and there shall be no further right of appeal from it.

19. COSTS OF AN APPEAL PANEL

The Appeal Panel shall have discretion in relation to the payment of the costs of an. appeal. However, an unsuccessful Appellant will normally be required to pay the costs of the appeal.

PART 4 – DEFINITIONS AND INTERPRETATION

DEFINITIONS

In these regulations the following terms shall have the meaning set out opposite them:

“Adult at Risk of Harm” an individual aged 18 or over who: is unable to look after their own well-being, property, rights, or other interests; and is at risk of harm (either from another person’s behaviour or from their own behaviour). and because they have a disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than other adults. “Appeal” an appeal from a decision of the Disciplinary Panel or any other body under 17. “Appeal Panel” the panel appointed to hear an appeal from a Decision of the Disciplinary Panel or any other body under 17. “Articles of Association” The Articles of Association of England Golf in force at the relevant time. “Board” the Board of England Golf in office at the relevant time under the Articles of Association. “Chair” the person appointed from time to time to be the Chair of the Disciplinary Panel or the Appeal Panel under the Regulations. “Charge” The charge against a Participant as set out in a Notice of Charge. “Disciplinary Issue” a complaint of misconduct or notification of a concern regarding particular circumstances and/or conduct that falls within the jurisdiction of these Regulations.

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“Complainant” the person or body, which may include England Golf, from whom a Disciplinary Issue has been received by the Governance Department. “Decision” the written decision of the Disciplinary Panel or Appeal Panel. “Disciplinary Tribunal a register of persons maintained by the Governance Panel Register” Department of England Golf, all of whom are appropriately trained/experienced in the application of England Golf regulations, codes, policies, and its statement of values, who may be appointed at the relevant time to Disciplinary Panel or to an Appeal Panel under the Regulations. Persons appointed to this Register need not be members of a golf club in England. “Disciplinary Panel” the Disciplinary Panel appointed to hear a Charge under these Regulations. “England Golf” the trading name of English Golf Union Limited, The National Golf Centre, The Broadway, Woodhall Spa, Lincolnshire, LN10 6PU, Company Number: 5564018. “England Golf Any tournament, competition or event at any level Tournaments” promoted or administered from time to time by England Golf. “Governance the Governance Department so designated from time to Department” time by England Golf. “Interested Party” any person, Member, or body that in the sole opinion of the Governance Department, will or is likely to be affected by the outcome of any Complaint under the Regulations. “Member” A Member of England Golf as defined in the Rules and Articles of Association of England Golf, being a Voting Member, Golf Club, Golf Facility or Playing Member. “Notice of Charge” The formal notice setting out the allegation(s) against the Respondent. “Notice of Complaint” the notice of the Complaint received by the Governance Department by the Complainant in whatever form the Governance Department reasonably considers constitutes a Disciplinary Issue. “Official” any person acting on behalf of England Golf in the administration of an England Golf Tournament or acting on behalf of England Golf in any other manner from time to time, including but not limited to the administration, coaching and organisation of an England Golf team or any promotional or coaching activity whatsoever. “Participant” A Player, Member, Subscriber, Affiliated Club, County Body, or any individual Participating in the sport of golf in England. “Player” any person who has entered an England Golf Tournament or who has been selected to represent England Golf in any England Golf team, or invited to attend training or assessment by England Golf including any Official, Spectator, Volunteer or Subscriber from time to time participating in any tournament or other golfing activity promoted or administered by England Golf. “Regulations” Means the England Golf Disciplinary Regulations and any associated Practice Directions as amended and in force from time to time. “Respondent” the person, body or organisation who is the subject of the Disciplinary Issue under these Regulations.

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“The Rules of England the Rules of England Golf as in place at the relevant time. Golf” or “Rules” “Rules of Golf” the rules governing the playing of golf as jointly issued by the R&A and the USGA from time to time. “Spectator” any person who is admitted on-course at an England Golf Tournament other than as a Player, Official or Volunteer or who is attending an England Golf Tournament as a spectator only. “Subscriber” A person who has joined a scheme under which England Golf administers handicaps of golfers who are not Members. “Volunteer” any person providing assistance or support to England Golf from time to time other than as an employee o and including but not limited to any person providing assistance at England Golf Tournaments. “Young Person” any person under 18 years of age.

20. INTERPRETATION

20.1 Any reference to gender includes all genders, any reference to the singular includes the plural (and vice versa), and references to persons includes bodies corporate, unincorporated associations and partnerships (whether or not any of them have a separate legal personality).

20.2 Headings are inserted for convenience only and do not affect the construction of the Regulations.

20.3 Any reference to “working days” in the Regulations refers to a normal working day in England, i.e., Monday to Friday, excluding public holidays. For further clarification of the interpretation of dates for service of documents please refer to Regulation 12.

20.4 If any part of the Regulations is held invalid, unenforceable, or illegal for any reason, they shall remain in force apart from that part, which shall be treated as if it has been deleted to the extent to which it is invalid, unenforceable, or illegal.

21. RECORD KEEPING AND DATA PROTECTION

21.1 All personal data held in connection with a disciplinary matter will be held in accordance with England Golf’s Data Protection Policy and the Data Protection Act 2018 the UK General Data Protection Regulation.

21.2 The Governance Department will determine how long any offences should be retained on record, including the sanctions imposed and any related documentation.

21.3 A list of historic decisions may be made available to all Members to promote consistency of disciplinary action throughout the game of golf.

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