Contents:
4. Company disqualification matters:
Appendix 2 – Disqualifying Conditions
This Appendix 2 sets out the Disqualifying Conditions as defined in Regulation 4. Terms not defined in this Appendix shall have the same meaning as set out in Regulation 4:
“Disqualifying Conditions” means the following conditions to which a Relevant Person is subject:
1. Association between clubs:
No Entity may directly or indirectly Own or Control more than one Club, unless they have prior written consent from the RFU;
2. Disciplinary Matters:
- a) been subject to a suspension or ban or other form of disqualification:
- i. from involvement in the administration of a sport by a Sports Governing Body; or
- ii. by a professional body (including, by way of example and without limitation, The Law Society, Bar Council or the Institute of Chartered Accountants, equivalent bodies in any other jurisdiction, whether directly (for example a sanction against the individual in particular) or indirectly (for example a direction to persons subject to the jurisdiction of the sanctioning body that they should not employ, contract with or otherwise engage or retain the services of the person in question);
- b) been a Relevant Person at a Club (or held an equivalent role at a Club) that has been expelled or suspended by the RFU whilst they were a Relevant Person of that Club (or held an equivalent role at the Club) or in the 12 months immediately following their resignation from their role at that Club;
- c) in relation to the assessment of their compliance with this Regulation (and/or any similar or equivalent rules of another Sports Governing Body) at any time, they have:
- i. failed to provide all relevant information (including, without limitation, information relating to any other individual who would qualify as a Relevant Person but has not been disclosed, including where they are acting as a proxy, agent or nominee for another Person); or
- ii. provided false, misleading or inaccurate information;
- d) been found to be in breach of RFU Regulation 17 regarding Anti-Corruption & Betting, or similar rules of another Sports Governing Body.
3. Criminal Matters
- a) having an Unspent Conviction by a court of competent jurisdiction in England and Wales in respect of any offence involving:
- i. a Dishonest Act;
- ii. corruption;
- iii. perverting the course of justice;
- iv. a serious breach of any requirement under the 1985 Act or 2006 Act;
- v. ticket touting under Section 166 of the Criminal Justice and Public Order Act 1994;
- vi. any attempt or conspiracy to commit any of the above offences;
- vii. a Hate Crime; or
- b) having an Unspent Conviction for a like offence to any of the above offences by a court of competent jurisdiction outside England and Wales; having an Unspent Conviction by a court of competent jurisdiction anywhere in the world (including any attempt and/or any conspiracy to commit the same) that results in a sentence of at least 12 months’ imprisonment but for the avoidance of doubt, not a suspended jail sentence unless that sentence is subsequently activated for a period of at least 12 months for whatever reason;
- c) in the reasonable opinion of the RFU, has engaged in conduct outside the United Kingdom that would constitute an offence of the sort described in paragraph 3(a) of this definition if such conduct had taken place in the United Kingdom, whether or not such conduct resulted in a Conviction;
- d) being a Registered Offender.
4. Company disqualification matters:
- Being subject to:
- a) a disqualification order as a director under the Company Directors Disqualification Act 1986;
- b) the terms of an undertaking given to the Secretary of State under that act; or
- c) any like sanction pursuant to similar provisions in any other jurisdiction,
- unless a Court of competent jurisdiction makes an order under that act permitting an appointment as director of a Club;
5. Insolvency Matters
- a) Being subject to
- i. an Individual Voluntary Arrangement (in accordance with the provisions of Part VIII of the Insolvency Act) including any fast track voluntary arrangement;
- ii. a Bankruptcy Order, Interim Bankruptcy Restriction Order or a Bankruptcy Restriction Order;
- iii. a debt relief order (in accordance with the provisions of Part 7A of the Insolvency Act);
- iv. an administration order (in accordance with Part 6 of the County Courts Act 1984);
- v. an enforcement restriction order, in accordance with the provisions of Part 6A of the County Courts Act 1984; and
- vi. a debt management scheme or debt repayment plan, in accordance with the provisions of Chapter 4 of Part 5 of the Tribunals, Courts and Enforcement Act 2007,
- or any arrangement or order in any other jurisdiction that has a substantially similar effect;
- b) being a Relevant Person of:
- i. a Club that has been subject to or suffered an Insolvency Event, in respect of which a sporting sanction was imposed under Regulation 5. For the purposes of this definition of Disqualifying Condition:
- A) a Person shall be deemed to have been a Relevant Person of a Club that was subject to a sporting sanction if the relevant Insolvency Event occurred in the 12 months immediately following them having resigned as a Relevant Person of that Club;
- B) the Insolvency Event of a Group Undertaking alone where the Club was subjected to a sporting sanction in accordance with Regulation 5 shall be treated as an Insolvency Event of the Club; and
- C) by way of example, where any Club or Group Undertaking has been subject to more than one Insolvency Event during the process of compromising or entering into a composition with its creditors (for example Administration followed by exit via a Company Voluntary Arrangement), this will only count as one Insolvency Event.
- i. a Club that has been subject to or suffered an Insolvency Event, in respect of which a sporting sanction was imposed under Regulation 5. For the purposes of this definition of Disqualifying Condition:
