By Dan Chapman
Credit where credit is due. It may well be overdue but finally – after continual angst and issues since the introduction of the FA Regulations on Working with Intermediaries in April 2015 – the FA have amended their Regulations, with immediate effect.
The two most significant changes are that it is now an offence for an Intermediary to enter into a Representation Contract with a Player under an exclusive Representation Contract with another Intermediary and, crucially, it is likewise an offence by the Player if he enters into a Representation Contract with an Intermediary whilst under an exclusive Representation Contract with another Intermediary.
Were those new Regulations (now framed as Regulation B12 and B13) in force from April 2015, we would have seen countless charges being brought by the FA. It is hoped that the FA, reacting to a mass of critical opinion who were reporting that the integrity of football and its relationship with agency was sinking to new depths since April 2015, will now back up the new Regulations with sufficient investigatory and disciplinary force.
Other changes to the Regulations include:-
- an updated conflicts of interest rule (E4)
- a restriction on an intermediary having any interest in a registration or economic right (E5)
- a new duty of disclosure that applies to players, clubs, club officials (E8)
- an obligation upon intermediaries to be ensure that their employees who are not registered intermediaries do not conduct intermediary activity
- an obligation upon intermediaries to use reasonable endeavours to ensure that the Organisation they work for complies with the Regulations and FA rules
A big step forward!
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The spearhead and Senior Partner of Full Contact, Dan is an experienced solicitor and advocate, with a specialist background in employment law and sports.
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