The world's most-read Scottish politics website

Wings Over Scotland


“Cheat’s Charter” controversy ended

Posted on April 13, 2012 by

From the Scottish Football Association rules on Club Licensing (specifically  Part 3, Section 03 – The Club as Licence Applicant and the UEFA Licence). Emphasis ours.

"3.1.1 The Licence Applicant may only be a football club, that is the legal entity fully responsible for the football team participating in national and international competitions and which is the legal entity member of the Scottish Football Association (Full or Associate Member). The licence applicant is responsible for the fulfillment of the club licensing criteria. This membership must have been in place at the start of the licence season for a minimum period of three consecutive years.

[…]

3.3.1 UEFA Licence Awards for Scottish Premier League Clubs (SPL)
A Licence cannot be transferred from one legal entity to another.
"

NB: "UEFA Licence" does not denote a licence to compete in UEFA competitions, which are governed by an entirely different set of criteria. As the SFA website explains:

"National Club Licensing applies to Scottish FA member clubs and UEFA Club Licensing applies to Scottish Premier League clubs."

In other words, to play in the SPL you must have a UEFA Club Licence, regardless of whether you actually compete in UEFA competitions or not. (SFL clubs, who in normal circumstances wouldn't be expected to qualify for European tournaments, are dealt with separately via an "extraordinary procedure" in the event that they do.)

So, should Rangers FC be subject to liquidation and then reborn as a "newco", the new company would NOT be eligible for the licence required to play in the SPL, for at least three years. Furthermore, it is plainly and explicitly forbidden under SFA rules for such a licence to be transferred from one legal entity (Rangers FC) to another (New Rangers FC 2012). Well, that's that all sorted out, then. As you were.

[Edited for clarity and latest versions of documentation, 13-4-2012]

[EDIT 17-4-2012: We rang the SFA yesterday, and they confirmed our interpretation of the rules above. Half an hour later they rang us back, sounding very nervous, and changed their line, stating that the UEFA Club Licence DID only apply to UEFA competitions, and only a National Club Licence was required to play in the SPL. Later that evening it was revealed that the Association is considering disbanding the SPL and SFL entirely and replacing them with a new National Football League. The SFA did not comment on the possible position of a newco Rangers in such a league.]

14 to ““Cheat’s Charter” controversy ended”

  1. Rev. Stuart Campbell says:

    Kudos to Philip Thomas on the comments pages at Bella Caledonia for the initial work in digging this one out, btw. We thought it deserved more prominence.

    link to bellacaledonia.org.uk

    Reply
  2. steven luby says:

    Let us hope the rules are not 'bendy' rules !
     

    Reply
  3. Philip Thomas says:

    There is, unfortunately, one method of bending those rules.  You can buy another legal entity who already have a license, like Airdrie did after they were liquidated.  Technically it would be within the rules and the only thing stopping it would be the power of various individuals to resist it.  To explain:
    A company representing the old RFC could buy Motherwell, change the name or register a subsidiary called 'RFC', buy up all the old RFC's assets, and carry on regardless.
    They could also buy a lower league team and the SPL, under clause 14, could simply invite them to the SPL.
    The power to resist would lie with, first of all, the current owners of the other club to resist the takeover attempt; the SPL members who could block/revoke their membership; and the general public/supporters.  Obviously it would result in the death of the other club and that would have major political repurcussions in itself.
    I happen to think that whoever buys the assets of RFC, should they be liquidated will already be looking at this.  The potential commercial value of a new, virtually debt free RFC easily offsets the purchase price of almost any moderately well run football club in Scotland outwith Celtic and those who have large debts of their own (so my own team, Aberdeen, are safe).
    I wouldn't put this past some of the individuals who're connected to RFC at an investment level at the moment.  I happen to think that one of the biggest obstacles they'd face are Rangers supporters though.  This would mean the death of their history and the killing of another club would forever haunt them.

    Reply
    • Rev. Stuart Campbell says:

      Yes, also known as the Airdrie United plan, when they took over Clydebank. But as you say, the problem with that is finding another club prepared to obliterate itself and its history to become New Rangers. And, while I can't share your sentiment that Rangers fans would feel especially guilty about destroying Cowdenbeath or someone, I think that they'd have a lot of trouble coming to terms with the fact that the new club couldn't possibly pretend to lay claim to Rangers' trophy history in those circumstances. They, and everyone else, would forever know the new club was really New Cowdenbeath.

      Reply
  4. Philip Thomas says:

    Should also add, what I've suggested would be morally repugnant but it can't be ruled out.  On a positive note, based on the initial reaction of the general football following public to the idea of a newco RFC being allowed into the SPL, I think the same public would react even more negatively to the scenario I suggested and rally around.  You'd have to have some serious neck to push on with it and the 'new' RFC would forever be tainted.  All the public can do is ensure that the people controlling the levers are aware of how this would be perceived.
     
    I still have some faith in the SFA.  They're quiet at the moment but to be fair to them they haven't been given anything to react to yet other than speculation.

    Reply
  5. Philip Thomas says:

    New Cowdenbeath gave me a chuckle.  That would stick!

    Reply
  6. Rev. Stuart Campbell says:

    I'd love to hear the Pittodrie crowd singing "Stand free, whoever you may be, for you are the Cowdenbeath FC" every time they came to visit…

    Reply
  7. Angus McLellan says:

    If NewCo wanted to have a glorious history, maybe better to start in the Juniors. How much would Auchinleck cost? And they'd still get to play in the Scottish Cup and have a route into Europe eventually.

    Reply
  8. bobbymc777 says:

    What I have found incredulous since this story has broken is that VERY few people have stated the ONLY COURSE that Rangers CAN take.
     
    PAY YOUR BILLS & LETS GET ON WITH PLAYING FOOTBALL…
     
    Other wise, 
     
    Die with dignity.

    Reply
  9. Auldheid says:

    I'm not so sure that SPL clubs are bound by UEFA Licence Rules as you state.
    In the Club Licensing rules there are different rules for submission of documents for SPL clubs and other clubs so it seems to apply to SPL Clubs as well as others.
    I always thought UEFA Licensing was for clubs who qualify for UEFA competitions and were a device to assure UEFA they would meet UEFA's much stricter requirements.
    There are still parts of National Club Licensing that make it difficult to give Newco a license (Section 8.1.1. and 8.1.2 but the 3.3.1 you highlight is not in Club Licensing and Club licensing does apply to SPL clubs.
    The problem for Newco is that they aint an SPL Club and in effect fall outside the Club License rules that would need changed to accommodate them.
    Hope you are right and I'm wrong as UEFA Licensing is specific on not transferring a license and Club Licensing is not which leaves a bit of wriggle room.

    Reply
  10. McGinleyBhoy says:

    The Con Artist Formerly Known As Clyde !!!

    Reply
  11. Auldheid says:

    Belay that last comment  please. Had a look at the SFA page on UEFA licensing as opposed to UEFA FFP 2010 which was my source and I see why there is reference in National Club Licensing to SPL clubs (they MIGHT be UEFA competetion license candiates so docs required eary.
    However Annex 1 page 43 Exceptions to UEFA FFP 2010 rules like the three year requirement needs to be read. Were it not for the possibility of an exception being made (was this why D&P applied for a UEFA license to get one to play in Scotland, not Europe, it could be stated that Newco could NOT be allowed into the SPL as no license possible.

    Reply
  12. jinky44 says:

    RFC are a disgrace!! Pay your bills.

    Reply
  13. Rev. Stuart Campbell says:

    Blimey. I just picked them at random, but according to this blog post Cowdenbeath actually ARE ripe for takeover and rebranding as New Rangers:

    link to scotslawthoughts.wordpress.com

    Reply


Comment - please read this page for comment rules. HTML tags like <i> and <b> are permitted. Use paragraph breaks in long comments. DO NOT SIGN YOUR COMMENTS, either with a name or a slogan. If your comment does not appear immediately, DO NOT REPOST IT. Ignore these rules and I WILL KILL YOU WITH HAMMERS.


  • About

    Wings Over Scotland is a (mainly) Scottish political media digest and monitor, which also offers its own commentary. (More)

    Stats: 6,762 Posts, 1,218,642 Comments

  • Recent Posts

  • Archives

  • Categories

  • Tags

  • Recent Comments

    • Willie on What Are We, And Where Are We Going?: “The SNP are not for turning. Certainly not underthe current coterie of control that continues to show them as an…May 28, 03:11
    • Jim Dryburgh on The Undertaker: “whether it’s 75% or whatever with each year the amount of indigenous Scots v Non Indigenous Scots is becoming less…May 28, 01:31
    • duncanio on What Are We, And Where Are We Going?: “Sarah – Yes there is time for them all to change their minds. And we must keep trying to persuade…May 27, 22:57
    • sarah on What Are We, And Where Are We Going?: “@ duncanio at 8.56 re ISP and the M4I. I’m perplexed. However there is time for ISP to change their…May 27, 22:03
    • duncanio on What Are We, And Where Are We Going?: “Sarah – I’m afraid Collette Walker was quite explicit in her email to me about the ISP developing their own…May 27, 20:56
    • Hatey McHateface on What Are We, And Where Are We Going?: “Sorry Alf. Common sense tells me that even if you accept the existence of the Coloniser (with one set of…May 27, 20:00
    • Hatey McHateface on What Are We, And Where Are We Going?: “Be honest now, Marie. Wouldn’t you be better for shedding a few pounds? If you don’t want to entertain any…May 27, 19:39
    • sarah on What Are We, And Where Are We Going?: “I am really surprised at that response from ISP. I’ve read and thought over the MforI and cannot see anything…May 27, 19:26
    • duncanio on What Are We, And Where Are We Going?: “twathater I have supported SSRG, Salvo and Liberation since inception, having attended the Edinburgh Proclamation gathering on 1st September 2022…May 27, 19:13
    • Alf Baird on What Are We, And Where Are We Going?: “We cannot treat “the colonial question…as a subsidiary part of some more important global matter” (Robin D. G. Kelley). And…May 27, 18:47
    • twathater on What Are We, And Where Are We Going?: “I agree with you Sarah regarding Roddy and Peter Bell, duncanio criticises Liberate for having no publicly clear immediate route…May 27, 18:25
    • Marie on What Are We, And Where Are We Going?: “Correct BP.May 27, 18:22
    • Dave G on What Are We, And Where Are We Going?: “I’m glad you even manage to see a “Brit” identity. It is now routine to walk down High Street or…May 27, 18:18
    • Aidan on What Are We, And Where Are We Going?: “Yes, that was the motivation behind the blue sea rule. The legal principles on decolonisation and NSGT’s were agreed by…May 27, 17:42
    • duncanio on What Are We, And Where Are We Going?: “Sarah – We don’t have the luxury of time. Every time there is an election it could be the last…May 27, 17:33
    • Xaracen on What Are We, And Where Are We Going?: “But, Aidan, how can the ‘blue water’ requirement be “fundamental” when you made it clear to me that its purpose…May 27, 17:04
    • James Cheyne on What Are We, And Where Are We Going?: “I have been squinting quickly through, Textual Amendments to “Scotland union with England” Acts House of Lords ( privileges Committee…May 27, 16:43
    • Northcode on What Are We, And Where Are We Going?: “Hello, Sam. Good to know you’re still about this place. “We are much the same genetic material now as in…May 27, 16:21
    • sarah on What Are We, And Where Are We Going?: “That is indeed interesting about the party whip system. I’d love to see their candidate win.May 27, 16:14
    • sarah on What Are We, And Where Are We Going?: “@ duncanio at 11.23 p.m. and twathater at 03.33. Thank you, twathater for correctly pointing out my motivation for supporting…May 27, 16:12
    • Northcode on What Are We, And Where Are We Going?: ““Towards decolonization and then liberation.” Indeed, Alf. The third and final phase of Scotland’s decolonization has begun there’s no doubt…May 27, 16:04
    • Kelpie on What Are We, And Where Are We Going?: “I live in Hamilton so we have people canvassing and leaf-letting for the by-election next week. I’ve never had so…May 27, 16:01
    • sarah on What Are We, And Where Are We Going?: “I enjoyed reading this, Robert. Brought a smile, much needed.May 27, 15:51
    • James Barr Gardner on What Are We, And Where Are We Going?: “Wallonia has the right of veto in Belgian Federal decisions, it’s population of 3.7 million is 31.4% of Belgium……..May 27, 15:32
    • Breastplate on What Are We, And Where Are We Going?: “Yes, John, you’re correct, it is something you eat, particularly in Scotland. What the English call rolls, tend to be…May 27, 14:25
    • Alf Baird on What Are We, And Where Are We Going?: “A soond analysis Robert. Yer deid richt, thar’s faur too mony jubous poleetical assumotions in this piece. Poetry theory is…May 27, 14:10
    • sam on What Are We, And Where Are We Going?: “Hello again Northcode. Genetic studies of the Scots identify how little change there has been within Scots. We are much…May 27, 13:55
    • Hatey McHateface on What Are We, And Where Are We Going?: “It’s defo interesting you don’t believe in viruses, Billy. Back in the early decades of the last century, the inhabitants…May 27, 13:11
    • Lorn on What Are We, And Where Are We Going?: “Spot on, Susan. In order to do that, we need to create new and sustainable industries across the board, and,…May 27, 12:44
    • Lorn on What Are We, And Where Are We Going?: “It is true, twathater, that our politicians have gone out of their way to penalize women who do not work…May 27, 12:37
  • A tall tale



↑ Top