Wigan have gone into administration, that's a twelve point deduction, putting them bottom of the league.
Wigan have done one...
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I’d take survival in the Championship any day, but if it was solely due to Wigan’s misfortunes I’d count ourselves very lucky indeed, and a bit sad for the Latic fans.
It seems it's not fixed, it will be decided by the Football League and allowing them to stay up while in administration and then take it next season, would be seen to be unfair by many.
Incoming lawsuit from whichever club finishes in 22nd place if it’s not this season.
No, we'd already effectively relegated them by winning at Cardiff. They would've needed an impossibly huge swing in goals to stay up so they took admin to try and get the points deduction that season. But I think the eventually got slapped with another deduction for their first League 1 season anyway.
Club Income: In the event that a club suffers material adverse effects upon the loss of anticipated income streams which mean that it is unable to meet its liabilities as and when they fall due. This could only be grounds for appeal, however, if the loss occurs during the currency of a binding agreement (i.e. not upon expiry).
Default by another Club: In circumstances where an insolvency event is caused by the default of another football club. Once again, however, for this to constitute legitimate grounds for appeal, the outstanding payments must be significant enough to have had a material and adverse effect upon the Club.
12.3.1 If any Club becomes subject to or suffers an Insolvency Event, that Club shall be deducted 12 points.
12.3.2 If a Group Undertaking of a Club becomes subject to or suffers an Insolvency Event, then the Board shall have the power to impose upon the Club a deduction of 12 points scored or to be scored in the League Competition. In exercising this power the Board shall have regard to all the circumstances of the case and to:
(a) such of the provisions of the Insolvency Act, the Competition Act 1998 and the Enterprise Act 2002 as are relevant and then in force;
(b) the need to protect the integrity and continuity of the League Competition;
(c) the reputation of The League and the need to promote the game of association football generally; and
(d) the relationship between the Club and the Group Undertaking.
12.3.3 Subject to the provisions of Regulation 12.3.4 below, where the Club becomes subject to or suffers an Insolvency Event, or the Board impose a deduction in accordance with Regulation 12.3.2:
(a) during the Normal Playing Season but prior to 5.00pm on the fourth Thursday in March, the points deduction shall apply immediately;
(b) during the Normal Playing Season but after 5.00pm on the fourth Thursday in March, Regulation 12.3.4 shall apply; and
(c) outside the Normal Playing Season, the points deduction shall apply in respect of the following Season such that the Club starts that Season on minus 12 points (including in the National League if appropriate).
12.3.4 Where the circumstances set out in Regulation 12.3.3(b) apply and at the end of that Season, having regard to the number of championship points awarded (ignoring any potential deduction):
(a) the Club would be relegated in accordance with Regulation 10.1.2(b) or 7.7, the points deduction will apply in the next following Season (including in the National League if appropriate); or
(b) the Club would not be relegated as aforesaid, the points deduction will apply in that Season and Regulation 10.1.2(b) or 7.7 will then apply (if appropriate) following imposition of the points deduction.
12.3.5 For the avoidance of doubt, where a Club and/or Group Undertaking is subject to more than one of the procedures in Regulation 12.3.1 above during a process of compromising creditors (for example Administration followed by a Company Voluntary Arrangement), the Club shall only be deducted one set of 12 points, such deduction to apply with effect from the first Insolvency Event.
Default by another Club: In circumstances where an insolvency event is caused by the default of another football club. Once again, however, for this to constitute legitimate grounds for appeal, the outstanding payments must be significant enough to have had a material and adverse effect upon the Club.
12.3.1 If any Club becomes subject to or suffers an Insolvency Event, that Club shall be deducted 12 points.
12.3.2 If a Group Undertaking of a Club becomes subject to or suffers an Insolvency Event, then the Board shall have the power to impose upon the Club a deduction of 12 points scored or to be scored in the League Competition. In exercising this power the Board shall have regard to all the circumstances of the case and to:
(a) such of the provisions of the Insolvency Act, the Competition Act 1998 and the Enterprise Act 2002 as are relevant and then in force;
(b) the need to protect the integrity and continuity of the League Competition;
(c) the reputation of The League and the need to promote the game of association football generally; and
(d) the relationship between the Club and the Group Undertaking.
12.3.3 Subject to the provisions of Regulation 12.3.4 below, where the Club becomes subject to or suffers an Insolvency Event, or the Board impose a deduction in accordance with Regulation 12.3.2:
(a) during the Normal Playing Season but prior to 5.00pm on the fourth Thursday in March, the points deduction shall apply immediately;
(b) during the Normal Playing Season but after 5.00pm on the fourth Thursday in March, Regulation 12.3.4 shall apply; and
(c) outside the Normal Playing Season, the points deduction shall apply in respect of the following Season such that the Club starts that Season on minus 12 points (including in the National League if appropriate).
12.3.4 Where the circumstances set out in Regulation 12.3.3(b) apply and at the end of that Season, having regard to the number of championship points awarded (ignoring any potential deduction):
(a) the Club would be relegated in accordance with Regulation 10.1.2(b) or 7.7, the points deduction will apply in the next following Season (including in the National League if appropriate); or
(b) the Club would not be relegated as aforesaid, the points deduction will apply in that Season and Regulation 10.1.2(b) or 7.7 will then apply (if appropriate) following imposition of the points deduction.
12.3.5 For the avoidance of doubt, where a Club and/or Group Undertaking is subject to more than one of the procedures in Regulation 12.3.1 above during a process of compromising creditors (for example Administration followed by a Company Voluntary Arrangement), the Club shall only be deducted one set of 12 points, such deduction to apply with effect from the first Insolvency Event.
I don’t remember this at all. But then my memory is shocking!! I’m sure statto will provide us with the full details
An appeal may be successful:
12.3.10 A Club may appeal:
(a) against a decision of the Board to impose a points deduction arising from an Insolvency Event of a Group Undertaking under Regulation 12.3.2; and/or
(b) against an automatic deduction of points imposed where a Club, Premier League club or National League Club suffers an Insolvency Event under Regulations 12.3.1, 12.3.6 or 12.3.7 respectively,
but only on the ground that the relevant Insolvency Event(s) arose solely as a result of a Force Majeure event (‘Sporting Sanctions Appeal’).
12.3.11 For the purposes of this Regulation 12.3, a ‘Force Majeure’ event shall be an event that, having regard to all of the circumstances, was caused by and resulted directly from circumstances, other than normal business risks, over which the Club and/or Group Undertaking (as the case may be) could not reasonably be expected to have control and its Officials had used all due diligence to avoid the happening of that event.
12.3.12 Any Sporting Sanctions Appeal must be in writing and be received by The League at its registered office no later than seven days after The League serves the Notice. The Sporting Sanctions Appeal must contain a statement setting out the grounds of appeal and provide copies of any documentation upon which the Club intends to rely in support of the Sporting Sanctions Appeal.
12.3.13 The Club must also lodge with The League, at the same time as the Sporting Sanctions Appeal, a deposit of £5,000 in respect of the costs of the Sporting Sanctions Appeal.
12.3.14 Upon receipt of the Sporting Sanctions Appeal The League shall refer the matter to the League Arbitration Panel in accordance with the provisions of Section 9 of these Regulations, supplemented by the provisions of this Regulation 12.3, and in the event of any conflict between Section 9 and this Regulation, this Regulation shall prevail.
12.3.15 The League shall, immediately upon receipt of the Sporting Sanctions Appeal, instruct a firm of independent accountants to carry out a review of the activities of the Club and/or any Group Undertaking for the purposes of preparing an independent report into the circumstances surrounding and leading up to the relevant Insolvency Event(s). The Club shall meet the costs of preparation of that report in any event. The report shall be provided to the Club, the League Arbitration Panel and The League. The League Arbitration Panel shall take into account the contents of that report when determining whether the insolvency proceedings arose solely as a result of a Force Majeure event.
12.3.16 The League Arbitration Panel shall hear any Sporting Sanctions Appeal within 21 days of the lodgement of the Sporting Sanctions Appeal.
12.3.17 The Club shall bear the burden of proof in relation to the matters set out in the Sporting Sanctions Appeal on the balance of probabilities.
12.3.18 The League Arbitration Panel shall have the power to:
(a) confirm the deduction of 12 points; or
(b) set aside the deduction of 12 points and substitute a deduction of such lower number of points as it shall deem appropriate; or
(c) order that there shall be no sanction at all.
12.3.10 A Club may appeal:
(a) against a decision of the Board to impose a points deduction arising from an Insolvency Event of a Group Undertaking under Regulation 12.3.2; and/or
(b) against an automatic deduction of points imposed where a Club, Premier League club or National League Club suffers an Insolvency Event under Regulations 12.3.1, 12.3.6 or 12.3.7 respectively,
but only on the ground that the relevant Insolvency Event(s) arose solely as a result of a Force Majeure event (‘Sporting Sanctions Appeal’).
12.3.11 For the purposes of this Regulation 12.3, a ‘Force Majeure’ event shall be an event that, having regard to all of the circumstances, was caused by and resulted directly from circumstances, other than normal business risks, over which the Club and/or Group Undertaking (as the case may be) could not reasonably be expected to have control and its Officials had used all due diligence to avoid the happening of that event.
12.3.12 Any Sporting Sanctions Appeal must be in writing and be received by The League at its registered office no later than seven days after The League serves the Notice. The Sporting Sanctions Appeal must contain a statement setting out the grounds of appeal and provide copies of any documentation upon which the Club intends to rely in support of the Sporting Sanctions Appeal.
12.3.13 The Club must also lodge with The League, at the same time as the Sporting Sanctions Appeal, a deposit of £5,000 in respect of the costs of the Sporting Sanctions Appeal.
12.3.14 Upon receipt of the Sporting Sanctions Appeal The League shall refer the matter to the League Arbitration Panel in accordance with the provisions of Section 9 of these Regulations, supplemented by the provisions of this Regulation 12.3, and in the event of any conflict between Section 9 and this Regulation, this Regulation shall prevail.
12.3.15 The League shall, immediately upon receipt of the Sporting Sanctions Appeal, instruct a firm of independent accountants to carry out a review of the activities of the Club and/or any Group Undertaking for the purposes of preparing an independent report into the circumstances surrounding and leading up to the relevant Insolvency Event(s). The Club shall meet the costs of preparation of that report in any event. The report shall be provided to the Club, the League Arbitration Panel and The League. The League Arbitration Panel shall take into account the contents of that report when determining whether the insolvency proceedings arose solely as a result of a Force Majeure event.
12.3.16 The League Arbitration Panel shall hear any Sporting Sanctions Appeal within 21 days of the lodgement of the Sporting Sanctions Appeal.
12.3.17 The Club shall bear the burden of proof in relation to the matters set out in the Sporting Sanctions Appeal on the balance of probabilities.
12.3.18 The League Arbitration Panel shall have the power to:
(a) confirm the deduction of 12 points; or
(b) set aside the deduction of 12 points and substitute a deduction of such lower number of points as it shall deem appropriate; or
(c) order that there shall be no sanction at all.
Blimey O'Reilly...that's a stunner. Maybe they see themselves surviving this year, and will take the hit next!
Good thinking if it's comes off.
Good thinking if it's comes off.
See above. EFL rules stipulate the deduction only carries over to next season if the club is already relegated via normal points accumulation (or lack of)
It also says the deduction can be reduced or cancelled if an appeal is successful.
12.3.11 For the purposes of this Regulation 12.3, a ‘Force Majeure’ event shall be an event that, having regard to all of the circumstances, was caused by and resulted directly from circumstances, other than normal business risks, over which the Club and/or Group Undertaking (as the case may be) could not reasonably be expected to have control and its Officials had used all due diligence to avoid the happening of that event.
If coronavirus really is the cause of their problems they have good grounds for appeal.
