Extraordinary General Meeting

Mark Attard, Media Officer, MFA Amendments to the Regulations of the Malta Football Association as proposed by the Executive Committee for the consideration of the Extraordinary General Meeting of the 29th October 2014 No. 2-14/15  1.       Amendments to the Statute of the Association (Section I of the MFA Handbook)  39.   The General Secretary (i)     The General Secretary of the Association shall be appointed by the Council for an indefinite period. (ii)    The General Secretary of the Association shall be the general administrative officer of the Association, shall be responsible for the employees of the Association, and shall from time to time keep the Executive Committee informed of the performance of the employees of the Association. (iii) The General Secretary shall also be responsible to perform the following tasks: (a)     keeping the Minutes of the General Meetings of the Association and the Minutes of the Meetings of the Council, the Executive Committee, the Administration Board (Bureau) and those of the other Boards and Committees of the Association, unless the Council or the Executive Committee decides otherwise; (b)     ensuring that the decisions of the Organs of the Association and those of the  other Committees of the Association which have executive powers are put into effect; (c)     keeping the Council and the Executive Committee informed of the decisions and recommendations of the other Organs and other Committees of the Association which have executive powers;  (d)     keeping a record of the Member Clubs, Associated Clubs, Member Associations and Affiliated Associations; (e)     registering players wishing to take part in competitions which are held under the jurisdiction of the Association and in the competitions organized by the Association and issuing the necessary documents to such players, registering definitive transfers, transfers on loan and release certificates of players, registering agreements between Member Clubs and agreements between Member Clubs and their professional players and their coaches, and effecting international transfers. In performing these tasks, the General Secretary shall abide by the rules, bye-laws  and regulations of the Association and by the rules, bye-laws and regulations of FIFA; (f)      keeping a record of the licensed coaches of the Association, the licensed referees of the Association and the licensed players’ agents of the Association; (g)     overseeing the competitions of the Association and keeping the official records, including the results, and, in the case of competitions run on a league basis, the relative classification-tables; (h)     keeping a record of the disciplinary decisions taken by the Association;   (i)      conducting the correspondence and the other business of the Association  under the direction of the President, the Council, the Executive Committee and the Administration Board (Bureau); (j)      preparing the Administrative Report for the approval of the Annual General Meeting; (k)     performing all those other tasks which are required of him to perform by the other rules, bye-laws and regulations of the Association, and those other tasks which the President, the Council, the Executive Committee or the Administration Board (Bureau) may assign to him; (l)      to appoint and discharge the employees of the Association after obtaining approval from the President; (m)   to approve the forms required by this Statute and the rules, bye-laws and regulations of the Association;   (iv)   The General Secretary is entitled to attend all the meetings of the Association. During such meetings, the General Secretary may take part in the discussions but shall not vote. (v)    If the post of General Secretary is temporarily vacant, or if the General Secretary is unable or unwilling to perform all or any of his duties, the duties of General Secretary shall be carried out by one of the Deputy General Secretaries or by another employee of the Association as the President, the Council, the Executive Committee or the Administration Board (Bureau) may determine.  41.   The Composition of the Council  The Council shall consist of the following: (a)    The President and the other Officers of the Association. (b)    One (1) representative of each Member Club. (c)    A number of representatives of the Member Associations as follows: (i)      Two (2) representatives of the Gozo Football Association.(ii)     Two (2) representatives of the Inter Amateur Soccer Competition.(iii)    Two (2) representatives of the Malta Amateur Football Association.(iv)    Two (2) representatives of the Industries Soccer Association.(v)    Two (2) representatives of the Malta Employees Sports Association.(vi)   One (1) representative of the Hotels and Restaurants Sports Association.(vi)   Two (2) representatives of the District Football Association.(vii)  Two (2) representatives of The Youth Football Association.(viii)Two (2) representatives of the Football Coaches Association.(ix)    Two (2) representatives of the Football Referees Association. However, none of these two representatives may be a referee on the List of Active Referees of the Association.(x)     One (1) representative of the Gozo Youth Football Association.(xi)    Two (2) representatives from the Futsal Malta Association.(xii)   One (1) representative from the Malta Beach Soccer Association.  54.   Executive Committee Meetings (i)      The President shall call a Meeting of the Executive Committee: (a)    at least once every three (3)months;(b)    whenever he deems fit; and(c)    within a week, in case that at least six (6) members, submit a written request to him for holding of such a meeting, provided that such request includes the reason or reasons for convening such a meeting. Provided that during one season the number of Executive Committee meetings to be held should never be less than six (6).   (ii)      The General Secretary shall give notice of a meeting of the Executive Committee at least three (3) days in advance. The notice shall contain the date, time and place of the meeting and the Agenda of the meeting. This time-limit need not be followed if the President deems the meeting to be an urgent one. (iii)     The quorum of a meeting of the Executive Committee is six (6) Members, excluding the Chairman and the General Secretary. (iv)     Meetings of the Executive Committee shall be conducted in accordance with the Agenda of the meeting and in accordance with the Standing Orders of the Association applicable to Meetings of the Executive Committee.  56.   Duties and Powers of the Executive Committee (i)      The Executive Committee shall have the following duties and powers: (a)      to deal with all such matters as are within its powers to deal with in accordance with the provisions of this Statute and in accordance with the other rules, bye-laws and regulations of the Association; (b)     to appoint and discharge the employees of the Association; (b)    to control and manage all the competitions of the Association; (c)    to take all necessary disciplinary action against any Member Club, Associated Club, Member Association or Affiliated Association or against any other person subject to the jurisdiction of the Association for any viola­tion of any of the rules, bye-laws or regulations of the Association or of the Laws of the Game provided that such powers are not vested in any other body of the Association or in case that such other body of the Association vested with disciplinary powers is for any reason whatsoever  unable to take cognizance of a case within reasonable time; (d)     to approve the annual budget of the Association, including the budget of the Sports Facilities Board, and to approve supplementary credits; (e)     to approve  the forms required by this Statute and the rules, bye-laws and regulations of the Association; (e)    to discuss and propose new rules, bye-laws and regulations and alterations to existing rules, bye-laws and regulations for the approval of the Council and/or General Meeting of the Association; (f)      to discuss the policies of the Association and make proposals for the approval of the Council and/or the General Meeting of the Association; and (g)      to deal with all such matters as may be submitted to it by the President. These shall include all those matters which fall under the competence of the Council but which have to be dealt with expediently and the President deems that it is neither practical nor convenient to call a Council Meeting. In any such case, the matter shall be brought to the attention of the Council at the earliest opportunity. (ii)      (a)    Committees and Commissions nominated by the Council, if the Council had so decided, shall report their findings, conclusions and recommendations to the Executive Committee. (b)    If the Executive Committee agrees with the conclusions or recommendations submitted to it, these shall be carried into effect. In case that the Executive Committee does not agree with any of the findings, conclusions or recommendations, it shall refer back the matter to the Committee or Commission for its reconsideration. If the matter is referred for the second time to the Executive Committee and the Executive Committee again does not agree with the findings, conclusions or recommendations, it shall refer the matter to the Council.  61.   The Control and Disciplinary Board 1.       The Association shall have a Control and Disciplinary Board, hereunder referred to as "the Board", which shall be competent to deal with and take all necessary disciplinary action against any Member Club, Associated Club, Member Association or Affiliated Association or against any other person subject to the jurisdiction of the Association for any viola­tion of any of the rules, bye-laws or regulations of the Association or the Laws of the Game, including incidents reported by referees and/or the Officer-in-Charge of Matches Inspection or Match Inspectors in connection with matches in competitions directly organised and managed by the Association and which do not fall under the jurisdiction of any other authority established by this Statute, unless such powers are vested in any other body of the Association. However, cases of un-played matches and matches abandoned before the end of the time established in the Competition Rules of the Association where disciplinary action should be taken, shall only be dealt with and decided by the Board if referred to it by the Executive Committee or by the General Secretary of the Association. Otherwise, such cases shall be dealt with by the Executive Committee.  62.   The Disciplinary Commissioner 1.       (i)     The Association shall have a Disciplinary Commissioner who shall be competent to hear and decide all cases of discipline involving players taking part, and other persons entitled to sit on the Substitute’s Benches, in matches where a referee has been appointed by this Association, except matches involving the National Teams of the Association, and other disciplinary cases which may be referred to him by the Council or the Executive CommitteeGeneral Secretary of the Association.  73.   Budget, Accounts, Financial Year and Closing of Accounts (i)     A budget of income and expenditure shallbe prepared for each financial year by the Treasurer of the Association. This shall be approved by the Executive Committee before the end of the current financial year. Supplementary and/or extraordinary expenditure not included in the budget shall be authorised by the Executive Committee by way of supplementary credits. (ii)    Books of Accounts shall be kept by the Treasurer. The Treasurer of the Association shall ensure that true accounts are kept of all the receipts and payments of the Association. (iii)    The Association’s financial year shall begin on the 1st June and shall end on the 31st May in the following year. However, for the year 2015/16 the financial year shall begin on the 1st June 2015 and shall end on the 31st March 2016. For subsequent years the financial year shall begin on the 1st April and shall end on the 31st March in the following year. (iv)     The accounts of the Association shall be closed annually.  75.   External Auditing of the Finances of the Association  (i)     The auditing of the finances of the Association shall be made by a Certified Public Accountant and Auditor or by a company of Certified Public Accountants and Auditors. Such person or company shall be known as the “External Auditor of the Association”.  (ii)    The External Auditor of the Association is independent of the Association and shall be elected by the Annual General Meeting for a period of one year on the proposal of the Executive Committee or the Council. The External Auditor of the Association shall be eligible for re-election. (iii)   The External Auditor of the Association shall audit the accounts of the Association and shall submit his written report to the Annual General Meeting.  79.   Registration of persons as players with the Malta Football Association (i)       (a)    Previous to the time or at the same time when a person desires to register for the first time as a player either with a Member Club or with a Club/Team of a Member Association, such person must apply to the M.F.A. to register as a player with the M.F.A. (b)     Any person may make such an application provided such person is at least ten twelve (12)years old. (c)      However, a person who has not attained the age of eighteen years (a minor) shall not be allowed to register unless he is a Maltese citizen. If he is not a Maltese citizen, he may be allowed to register if his family is permanently resident in Malta or if he is following a full-time course at an educational institution in Malta or if rules and regulations of FIFA permit such registration.   Any question or problem regarding this rule shall be decided by the Executive Committee Players’ Status Committee after a request is made by the person desiring to register as a player with the M.F.A. However, if such person has not attained the age of sixteen years, such request must be made by the person’s legal representative. In any case, the Executive Committee Players’ Status Committee shall abide by the rules and regulations and directives of FIFA.   (ii)      Such an application shall be made on the appropriate form established by the Executive CommitteeGeneral Secretary and must be accompanied by such other documents and other requirementsas the Council may determine. However, in the case of persons who have not yet attained their sixteenth birthday, the form must provide for the signature of the legal guardian of such persons signifying his assent for such registration. (iii)     (a)    When the MFA receives such an application, duly filled in and accompanied by the necessary documents and other requirements, the General Secretary shall furnish such person with a document attesting the registration of such person as a player with the MFA provided no valid impediment exists with regards to such registration. (b)     The format and contents of this document shall be those determined by the Executive Committee General Secretary. (iv)     The registration of a person as a player with the MFA shall imply that such person shall be subject to the jurisdiction and to all the rules and regulations of the MFA and of those national and international organisations of which the MFA may be a member. Furthermore, such registration implies that such a person gives his unconditional consent to the MFA to store and process the information appearing on the registration form in any manner in which it may deem fit and proper, that the Association may share this information with its employees, Member Clubs, Registered Clubs, Affiliated Clubs, Member Associations and Affiliated Associations as well as with other individuals and organisations as may be deemed necessary and that the MFA may continue to keep such information until such player informs it in writing of his resignation as a player, provided that on his resignation such player would have fulfilled all his obligations towards the MFA as its registered player.  80.   Registration of players with Member Clubs and Clubs/Teams of Member Associations (i)      Any person who has complied with the provisions of rule 79 of this Statute may register as a player with a Member Club and/or a Club/Team of a Member Association provided that the other rules of the MFA allow such a registration and such other rules are observed. (ii)      (a)    Registration forms of players wishing to join a Member Club shall be of two kinds, namely registration forms for amateur players and registration forms for professional players. However, registration form for amateur players may be of different kinds. (b)    The format and contents of registration forms are established by the Executive Committee Genreal Secretary. However, in the case of a player who has not attained his sixteenth birthday the registration form must provide for the signature of the legal representative of such a player signifying his assent to such registration. (iii)    The registration of a player with a Member Club implies that such a player gives his unconditional consent to the MFA and to such Member Club to store and process the information appearing on the registration form in any manner in which these may deem fit and proper, that the Association and such Member Club may share this information with their employees, other Member Clubs and Member Associations as well as with other individuals and organisations as may be deemed necessary and that both the MFA and such Member Club may continue to keep such information until such player informs the MFA in writing of his resignation as a player, provided that on his resignation such player would have fulfilled all his obligations towards the MFA and towards his Club as a registered player. (iv)     (a)    Registration forms of players wishing to join a Club/Team of a Member Association, except in the case of the Gozo FA and in the case of Member Associations which organise football for employees, shall be of one kind only, namely registration forms for amateur players. (b)    In the case of the Gozo FA and in the case of Member Associations which organise football for employees, the registration forms may be of two kinds, namely registration forms for amateur players and registration forms for professional players. However, only the Gozo FA may register with it a professional player for the first time and provided that such a player is at least eighteen years old. (c)    The registration forms of Member Associations shall be established by the Member Associations themselves but shall be subject to the approval of the Executive CommitteeGeneral Secretary of the MFA. (d)    The registration of a player with a Club/Team of a Member Association implies that such a player gives his unconditional consent to the MFA, to the Member Association concerned and to his Club/Team to store and process the information appearing on the registration form in any manner in which these may deem fit and proper, that the Association, such Member Association and his Club/Team may share this information with their employees, Member Clubs and Member Associations as well as with other individuals and organisations as may be deemed necessary and that both the MFA, the Member Association concerned and his Club/Team may continue to keep such information until such player informs the MFA and the Member Association concerned in writing of his resignation as a player, provided that on his resignation such player would have fulfilled all his obligations towards the MFA, the Member Association concerned and his Club/Team as a registered player.  83.   Repealed Players wishing to play abroad Any player under the jurisdiction of the Association who wishes to play abroad for a team other than that of the Club for which he is registered must obtain the prior approval of the Executive Committee.  84.   Players transferred definitively or on loan to foreign clubs (i)         Players registered with Member Clubs wishing to register for a foreign club either on a definitive transfer basis or on a loan transfer basis, as well as the Member Clubs concerned in such definitive transfer or loan transfer, must observe the rules and regulations of the Association as well as the rules and regulations of FIFA. (ii)        In the case of conflict between the rules and regulations of the Association and those of FIFA regarding this matter, the rules and regulations of FIFA shall prevail. (iii)       In the case of a definitive transfer of a player by a Member Club to a foreign club, the conditions applicable shall be those set in the agreement between the Member Club and the foreign club as well as the rules and regulations of the MFA and those of FIFA. (iv)       In the case of a transfer on loan of a player by a Member Club to a foreign club, the registration of the player with his Member Club shall be held in abeyance until the expiry of the loan agreement and shall be re-activated on the expiry of the loan period. Furthermore, subject to any new agreement which the player may make with his Member Club, the present agreement between the player and the Member Club shall be held in abeyance until theexpiry of the loan period and shall be re-activated on the expiry of the loan period. However, the loan period shall be included in the period of engagement mentioned in the present agreement. (v)      The Executive CommitteeGeneral Secretary shall establish the forms to be used by Member Clubs in the case of a transfer or of a loan of a player to foreign club.  85.   Players selected to play in matches and/or trainingorganised by the Association (i)         Any player under the jurisdiction of the Association who is selected to play in a match and/or to take part in training organised by the Association and who without a good and sufficient cause to the satisfaction of the Executive CommitteeGeneral Secretary fails to attend and take part in such a match or in such training shall be adjudged by the Association to be guilty of misconduct. Similarly, any Club or official who is deemed to have encouraged or instigated such a player to commit such misconduct shall be guilty of an offence. (ii)        The Council may in its discretion make those regulations governing the selection of players for matches and/or training organised by the Association and for the discipline of such players and of other persons falling under the jurisdiction of the Association.  110.      Member Club’s participation at international level Member Clubs shall have the right to invite a foreign team to play a match or matches within the territory of the Republic of Malta or play against a foreign team within the Republic of Malta, or play abroad, provided that such Member Clubs receive prior authorisation from the General Secretary of the Association. Member Clubs shall not invite any foreign team to play a match or matches within the territory of the Republic of Malta or play against a foreign team within the Republic of Malta without the prior authorization of the Executive of the Association. Member Clubs shall not play abroad without the prior authorization of the Executive of the Association.  121.      Participation at international level Member Associations, Registered Clubs, Associated Clubs and Affiliated Associations shall have the right to invite foreign teams to play a match or matches within the territory of the Republic of Malta or play against a foreign club or team within the Republic of Malta, or play abroad, provided that such Member Association, Registered Clubs, Associated Clubs and Affiliated Associations obtain prior authorisation from the General Secretary of the Association. Member Associations, Registered Clubs, Associated Clubs and Affiliated Associations shall not invite any foreign team to play a match or matches within the territory of the Republic of Malta or play against a foreign club or team within the Republic of Malta without the prior authorisation of the Executive Committeeof the MFA. Member Associations, Registered Clubs, Associated Clubs and Affiliated Associations shall not play abroad without the prior authorization of the MFA Executive Committee.   137.     Evidence in disciplinary proceedings connected with matches (i)    In the case of disciplinary proceedings before a competentbody of the Association related to offences connected with matches, besides the report or reports of the Match Officials, that is the referee, the assistant referees, the fourth Official, and besides the report or reports of the Match Inspector of the match concerned, other evidence, including video evidence, may be used, provided that in the case of video evidence, the relativebody of the Association, is satisfied that the video produced in evidence is genuine. However, video evidence may only be used: (a)     for the purpose of rectifying a caution (yellow card) or a sending off (red card) in the case of an appeal from a decision of the Disciplinary Commissioner on a plea of mistaken identity, or for the purpose of mitigating the punishment inflicted in the case of an appeal from a decision of the Disciplinary Commissioner on a plea of excessive punishment inflicted but only in the case that the punishment inflicted by the Disciplinary Commissioner exceeded a period suspension of one month or a suspension for two (2) matches; and (b)     to establish an offence or offences amounting to gross unsporting behaviour committed during a match by a player or by any other person who was officially entitled to sit on the Reserves Benches during a match or by another person performing an official function during a match, and which behaviour the Match Officials did not notice, and consequently, with regards to such behaviour, the referee of the match did not take any action and report, and/or which behaviour, the Match Inspector of the match did not report; and (c)     to establish an offence or offences amounting to gross unsporting behaviour committed by supporters, and which behaviour neither the Match Officials nor the Match Inspector of the match did report.  (ii)    In the case of gross unsporting behaviour committed by a player or any other person officially entitled to sit on the Reserves Benches or by any other person performing an official function during the match, and which behaviour the Match Officials did not notice and therefore about which the referee did neither take any action nor submitted a report, but which offence or offences could nevertheless be established by other means, including the Match Inspector’s report and/or video evidence, and in the case of gross unsporting behaviour committed by supporters, and which behaviour the Match Officials and/or the Match Inspector did not notice and/or report, but which could nevertheless be established by other means, including video evidence, the Council or the Executive Committee General Secretary shall be entitled to instruct the General Secretary Prosecutor of the Association to issue a charge based on such other means, including video evidence, against those responsible for the commission of such offence or offences. Such a charge shall be dealt with by that body of the Association which is competent to deal with such an offence as if such offence had been reported by the referee of the Match and this in accordance with the procedure applicable to the offender as stipulated in the relevant provisions of this Statute and in the other rules, bye-laws and regulations of the Association.  155.      Legal action (iii)   No body or person, who in any manner whatsoever falls under the jurisdiction of the MFA, may initiate any civillegal proceedings on matters relating to football or arising therefrom or connected therewith without the written permission of the Council or the Executive Committee.   30th September 2014  Dr Chris BonettVice PresidentHead of the Legal & Football Governance Department