07 Legal And Admin

7 Legal & Administration Criteria

Criteria – There are two sections on Legal and Administration criteria as follows-

I Legal Refers to the legal requirements for clubs.

II Administration Refers to the key club administrative functions and activities.

Criteria Grading – The criteria tables are split between the clubs in the SPL and the SFL.

Club Audit Preparation – Club will have those documents available, or will provide these as advised in advance of the audit, as detailed in the Checklist and documented below.

NB - This section of the Manual does not purport to respond to all issues that may be of benefit to clubs in relation to good corporate governance. Various information is available from the Scottish FA where requested and includes information and advice on the policies and procedures for the executive body at a club and various ways of addressing risk and control management.

1 National Club Licensing – Legal & Administration 2010 I Legal Refers to the legal requirements for clubs.

NB – It should be noted that all clubs are bound by the terms of the Articles of Association

7.1 Legal

UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref.

A 44 7.1.1 Refers to the Club’s The club shall provide a copy of As per SPL. Copy of the Club Statutes. Statutes or Memorandum the current approved club Club and Articles. statutes (memorandum and Statutes articles). NB - If these have been provided previously, the SFA auditor will provide these to the club to establish confirmation that they remain unchanged. If changes have taken place a revised copy shall be provided by the club. A 44 7.1.2 Refers to the Official Return The club shall comply with the As per SPL. No documents to be submitted at to be submitted by clubs in terms of Article 10 of the audit. Article 10 outlines the SFA Official accordance with Article 10 Association’s Articles. procedures the club shall follow in Return of the Association’s meeting this requirement. Articles.

2 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 44 7.1.3 Refers to the annual The club shall provide a copy to Those clubs which are Club to submit Form 363. submission by all limited the SFA of its most recently limited companies shall Annual companies on Form 363 to submitted Form 363 to provide a copy to the Return to Companies House Companies House. SFA of its most recently Companies providing details of the submitted Form 363 to House This document shall be no older limited companies Directors Companies House. than one year at the time of and Shareholders. presentation to the SFA. This document shall be no older than one year at the time of presentation to the SFA.

A 24 7.1.4 Refers to the Club Ground The club shall have the sole use As per SPL. Club to submit one of the following – (as documented on the of the ground or “shared” use Security of - Letter from the club solicitor or Bank Official Return) and the (approved by the Scottish FA) Ground confirming ownership, or security of tenure that the and shall be in a position to Tenure club has in place for this establish security of tenure for the - Copy of the title deeds, or facility. ground and to play matches as and whenever required. - Copy of the Lease Agreement. To establish security of tenure the NB – Clubs need only submit this club shall own or have a lease in information once every 3 years unless place for the ground. The lease there has been changes to the form shall run for at least the period of of tenure in the intervening period. the current season as well as the following season.

3 National Club Licensing – Legal & Administration 2010 II Administration Refers to the key club administrative functions and activities.

NB – SPL clubs should also be aware that UEFA sets a 60 day period of replacement to changes with respect to key administration positions as set out in Section 12 of this Manual and as detailed in Article 42 of the UEFA Regulations..

7.2 Administration

UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 27 7.2.1 Refers to the Club shall have office space As SPL requirement. None. infrastructure to run the available to deal with all enquiries Club Assessed by auditor at club’s operations. with phone/fax and email as well as Administration audit. secretarial staff as determined by the club. A 28 7.2.2 Refers to the person Club shall have an individual in Club shall have an individual Job Description or appointed by a club’s place fulfilling this function. The job in place fulfilling this function. Contract for the appointed CEO/General executive body who is holder shall be in possession of a person either provided or Manager/Club The job holder shall be in responsible for the Job Description or Contract available for inspection at Secretary possession of a Job operation matters of the outlining their duties at the club. audit. Description or Contract football club. outlining their duties at the club if the position is a full time one.

4 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 29 7.2.3 Refers to the person Club shall have an individual in Club shall have an individual Job Description or Contract for appointed by a club’s place fulfilling this function. The in place fulfilling this function. the appointed person, or a Finance Manager executive body who is job holder shall be in possession The job holder shall be in service level agreement either responsible for the finance of a Job Description or Contract possession of a Job provided or available for matters of the football outlining their duties at the club. Description or Contract inspection at audit. club. outlining their duties at the Alternatively the club may use the Financial Manager will state club if the position is a full services of an external agency the name of the Institute of time one. provided there is a written which they are a member as contract or service level Alternatively the club may use well as their membership agreement in place for these the services of an external number whilst submitting the services. agency. financial documentation to the SFA. Those qualified by In either case the Finance In either case the Finance experience shall submit a CV. Manager/provider of financial Manager/provider of financial services shall be a member of a services shall be a member of professional CCAB body. a professional CCAB body.

5 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 33 7.2.4 Refers to the person and Club shall have an individual in As SPL requirement. Job Description for the deputy appointed by a place together with a deputy appointed persons either Safety Officers club’s executive body fulfilling this function. A job provided or available for that are responsible for description will be attached to each inspection at audit. the safety, security and position that clearly identifies the Club shall provide the relevant stewarding matters at relevant individuals function within Safety Officer level 4 the registered ground in the club. qualification certificates. accordance with The Safety Officer and Deputy shall sections 3.11, 3.12 and be members of the Football Safety 3.13 of the Green Guide. Officers Association Scotland (FSOAS) and will have or be working towards a level 4 spectator safety qualification.

6 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 30 7.2.5 Refers to the person Club shall have an individual in Club shall be able to Job Description or Contract for appointed by a club’s place fulfilling this function. demonstrate at audit that the appointed person, or a Media Officer executive body who is The job holder shall be in these duties have been service level agreement either responsible for the media possession of a Job assigned to a designated provided or available for communications and liaison at Description or Contract club representative. inspection at audit. the club. outlining their duties at the Club shall have available at club. audit a copy of the necessary Alternatively the club may use qualifications or a CV for the the services of an external Media Officer. agency provided there is a written contract or service level agreement in place for these services. The Media Officer shall as a minimum comply with one of the following -

a) have a diploma in media studies;

b) have concluded a media officer education course recognised by the Scottish FA or by a national recognised organisation, or;

c) have at least a year’s experience in such matters and be in a position to confirm this at audit.

7 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. 7.2.6 Refers to the individual at the Club shall have an individual in Club shall have an individual Job Description or Contract club with responsibility for all place fulfilling this function. in place fulfilling this function. for the appointed person Commercial commercial, corporate and The job holder shall be in The job holder shall be in either provided or available for Manager sponsorship activities. possession of a Job possession of a Job inspection at audit. Description or Contract Description or Contract outlining their duties at the outlining their duties at the club. club if the position is a full time one.

8 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 36 7.2.7 Refers to the person Club shall have an individual Club shall have an individual in place Job Description or Contract appointed by a club’s in place fulfilling this function. fulfilling this function. The job holder shall be for the appointed person Team Manager executive body who The job holder shall be in in possession of a Job Description or either provided or available /Head Coach is responsible for possession of a Job Contract outlining their duties at the club. for inspection at audit. (and generally Description or Contract In SFL Division One the following Full name and date of birth recognised as being outlining their duties at the qualification requirements apply - if the coach has been responsible for) the club. awarded the qualification in football matters for a) Have an A Licence (level 4 Adult) but The job holder shall be Scotland. Alternatively a the club’s first team be working toward the Pro Licence qualified for the role and shall copy of their certificate of squad. Diploma (Level 5 Adult), or, comply with one of the qualification, if obtained NB – the following – b) Have a Recognition of Competence outwith Scotland. “Recognition of Award. a) Have a UEFA Pro Competence Award” Licence Diploma (Level 5 criteria and any In SFL Divisions Two and Three the Adult), or, restrictions that apply following qualification requirements apply - to the award are b) Have a Recognition of (NB – full time clubs are recommended to defined in the Competence Award. meet the SFL1 requirements.) Appendix. a) Have an A Licence (Level 4 Adult), or, b) Have a Recognition of Competence Award.

NB - In determining whether a coach is working towards a UEFA Pro Licence (Level 5 on the Adult Pathway), the Licensing Committee may not consider the coach to have started a course where that coach began the course more than four years previously.

NNB – Coaches are reminded that 15 hours of Continued Professional Development (CPD) is required on Levels 5, 4 and 3 of the Adult Pathway. The 15 hours must be concluded within a 3 year period following the date of the award or by 31 August 2012 on those awards presented on or before 31 August 2009.

9 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 37 7.2.8 Refers to the person Club shall have an individual Clubs that have an individual in place Job Description or Contract appointed by a club’s in place fulfilling this function. fulfilling this function shall ensure that the for the appointed person Assistant executive body who The job holder shall be in individual is qualified for the role and that either provided or available Team provides the principal possession of a Job the job holder shall be in possession of a for inspection at audit. Manager/ assisting role for (and Description or Contract Job Description or Contract outlining their Full name and date of birth Assistant generally recognised outlining their duties at the duties at the club if the position is a full time if the coach has been Head Coach as providing the club. one. awarded the qualification in principal assisting The job holder shall be In SFL Division One the following Scotland. Alternatively a role for) the football qualified for the role and shall qualification requirements apply - copy of their certificate of matters for the club’s comply with one of the qualification, if obtained first team squad. a) Have a B Licence (Level 3 Adult)but be following – outwith Scotland. working toward the A Licence (Level 4 NB – the a) Have an A Licence (Level Adult), or, “Recognition of 4 Adult)but be working Competence Award” b) Have a Recognition of Competence toward the UEFA Pro criteria and any Award. Licence Diploma (Level 5 restrictions that apply Adult), or, to the award are In SFL Divisions Two and Three the following qualification requirements apply - defined in the b) Have a Recognition of Appendix. Competence Award. (NB – full time clubs are recommended to meet the SFL1 requirements.) a) Have a B Licence (Level 3 Adult) , or, b) Have a Recognition of Competence Award.

NB - In determining whether a coach is working towards a UEFA Pro Licence (Level 5 on the Adult Pathway), the Licensing Committee may not consider the coach to have started a course where that coach began the course more than four years previously.

NNB – Coaches are reminded that 15 hours of Continued Professional Development (CPD) is required on Levels 5, 4 and 3 of the Adult Pathway. The 15 hours must be concluded within a 3 year period following the date of the award or by 31 August 2012 on those awards presented on or before 31 August 2009.

10 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 31 7.2.9 Refers to the qualified medical Club shall have an individual in place As per SPL. Verified separately by the doctor that is responsible for fulfilling this function. The job holder Medical Centre at Hampden Club Doctor or the medical support at the club. shall be in possession of a Job Park. Medical Officer Description, Contract or Service Level Agreement outlining their duties at the club. All Doctors shall be practising and certified by the General Medical Council of the UK. Doctors giving support to clubs and acting as the Club Doctor, but not engaged in Sports Medicine as a “specialty” shall have a competence in Sports First Aid and show appropriate expertise in this area. In addition for continued professional development, they shall be able to demonstrate that they have a minimum attendance of two days yearly in practical aspects of Sports Injuries and Sports Medicine.

11 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 32 7.2.9.1 Refers to the qualified Club shall have an individual in place As per SPL. Verified separately by the Physiotherapist who is fulfilling this function. The job holder Medical Centre at Hampden Club responsible for the shall be in possession of a Job Park. Physiotherapist. physiotherapy care of the Description or Contract outlining players at the club. their duties at the club. The club physiotherapist shall be a member of the Health Professionals Council (HPC) Physiotherapists from outwith the UK are required to have their qualifications endorsed by the Health Professionals Council (HPC)

12 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 38 7.2.9.2 Refers to the person Club shall have an individual in Where a club has a youth Job Description or Contract appointed by a club’s place fulfilling this function. The team or teams the club shall for the appointed person Head of Youth executive body who is position shall be a full time have an Individual in place either provided or available for Development responsible for the appointment. The job holder shall fulfilling this function. The inspection at audit. football matters for the be in possession of a Job position need not be a full Full name and date of birth if club’s youth teams. Description or Contract outlining time appointment. The job the coach has been awarded their duties at the club. holder shall be in possession NB – the “Recognition of the qualification in Scotland. of a Job Description or Competence Award” The job holder shall be qualified for Alternatively a copy of their Contract outlining their duties criteria and any the role and shall comply with one certificate of qualification, if at the club. restrictions that apply to of the following – obtained outwith Scotland. the award are defined in The job holder shall be a) Have a Youth Directors’ Award, NB – information provided by the Appendix. qualified for the role and shall or, clubs at the Youth Initiative comply with one of the Audit will be shared with b) Have an Advanced Youth following – licensing. Clubs will be Licence (Level 5 Youth), or, a) Have a Youth Directors’ advised in advance of the b) Have a Recognition of Award, or, licensing audit if this applies. Competence Award. b) Have an Advanced Youth Licence (Level 5 Youth), or, b) Have a Recognition of Competence Award.

13 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. A 39 7.2.9.3 Refers to those Club shall have two qualified Where a club has a youth team or teams Job Description or coaches at a club coaches in place for each youth the club shall have a minimum of one Contract for each Youth that work with any team at the club. Each job holder qualified youth coach in place for each appointed person either Coaches one of the club’s shall be in possession of a Job youth team at the club. All other coaches provided or available for youth teams between Description or Contract outlining at the club shall have a Coaching in the inspection at audit. the age range Under their duties at the club. Within these Game (Level 3 Youth) certificate as a Full name and date of 13 to Under 19. duties the club shall specify the minimum. Each job holder (either birth for each coach if the responsibilities of each coach in the qualified or with a Level 3 certificate) qualification has been event of a player accident or injury. shall be in possession of a Job awarded in Scotland. Description or Contract outlining their Each qualified youth coach with Alternatively a copy of duties at the club. Within these duties the each team shall have either an their certificate of club shall specify the responsibilities of Advanced Youth Licence (Level 5 qualification, if obtained each coach in the event of a player Youth) or Basic Youth Award (Level outwith Scotland. accident or injury. 4 Youth). As a minimum however NB – information provided two coaches shall have an The qualified youth coach with each team by clubs at the Youth Advanced Youth Licence (Level 5 shall have either an Advanced Youth Initiative Audit will be Youth). Licence (Level 5 Youth) or Basic Youth shared with licensing. Award (Level 4 Youth) . There shall Furthermore clubs shall ensure the Clubs will be advised in however be a minimum of one coach with following – advance of the licensing an Advanced Youth Licence (Level 5 audit if this applies. Youth). - That there is specialised goalkeeping coaching provided Furthermore clubs shall ensure that there for goalkeepers by a qualified is specialised goalkeeping coaching Goalkeeping Licensed coach provided for goalkeepers by a qualified (Level 5 Specialist), and that this goalkeeping coach, minimally qualified to comprises 50% of a goalkeepers Intermediate level (Level 2 Specialist) training programme. and that this comprises 50% of a goalkeepers training programme. - That there is minimally one coach qualified with an Advanced Children’s Licence (Level 5 Children).

14 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. 7.2.9.4 Refers to the individual Club shall have an individual in Where a club has a youth team or Job Description or Contract at the club with place fulfilling this function. The teams the club requirements are for the appointed person Child Protection responsibility for all jobholder shall be in possession as SPL requirement. either provided or available Officer child and coach of a Job Description or Contract for inspection at audit. protection outlining their duties at the club. Training Record. arrangements. The individual jobholder shall be trained in child protection issues and procedures and a record of this training shall be recorded. It is recommended that Continued Professional Development training is undertaken annually by the jobholder and details recorded.

15 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. 7.2.9.5 Refers to the individual Club shall have an Individual in Where a club has a youth team Job Description or Contract at the club who acts as place fulfilling this function as or teams the club requirements for the appointed person Child Protection the principal point of Lead Countersignatory. The are as SPL requirement. either provided or available for Countersignatory contact with Disclosure jobholder shall be in possession inspection at audit. Scotland and who of a Job Description (or the duties countersigns Disclosure will be included in an existing job Applications. description) or Contract outlining their duties at the club. The club shall consider the nomination of further countersignatories that may be available to countersign applications in the absence of the Lead Countersignatory. NB - the Countersignatory may be the Child Protection Officer.

16 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL Requirement SFL Requirement Club Documents Ref. 7.2.9.6 Refers to the individual Club shall have an Individual in Where a club has a youth team Job Description or Contract at the club who is place fulfilling this function or teams the club shall assign for each appointed person Welfare Officer responsible for all youth including, as a minimum, the the following duties as a either provided or available for player welfare issues. following duties – minimum to a club inspection at audit. representative -  Co-ordination and monitoring of a homework  Co-ordination and facility for players with monitoring of a more than one hours homework facility for drive to the training players with more than venue. one hours drive to the training venue.  Dealing with player welfare issues.  Dealing with player welfare issues  Delivering a core skills programme.  Delivering a core skills programme.  Player time management.  Player time The job holder shall be in management. possession of a Job Description (or the duties will be included in Where the position is full time, an existing job description) or the job holder shall be in Contract outlining their duties at possession of a Job the club. Description (or the duties will be included in an existing job description) or Contract outlining their duties at the club.

17 National Club Licensing – Legal & Administration 2010 UEFA Criteria Definition SPL and SFL Requirement (where relevant) Documents Ref. 7.2.9.7 Refers to a variety of Club shall have considered the following functions and shall have None in relation to 7.2.9.7. other functions at a club assigned responsibility to designated club personnel. These The positions detailed across Other Club that require to be responsibilities shall have been recorded within the job description may be referenced elsewhere Functions assigned to relevant for each staff member where that staff member holds a full time in this Manual however. personnel. position at the club – Maintenance of IT systems. Community and Customer Liaison. Maintaining Club Code of Conduct. Human Resources. Legal. Disability Discrimination (5.4.6). Sports Science Provision (6.2.9). Sports First Aid Provision (Sections 6 and 10). These functions may refer to requirements elsewhere in this manual and cross references are highlighted where relevant.

18 National Club Licensing – Legal & Administration 2010