The FA Appeal Board has issued the following statement regarding an appeal by Luton Town FC.

The Football Association Appeal Board, chaired by Nicholas Stewart QC, today heard an appeal by Luton Town FC against a decision of a Football Association Regulatory Commission in that it imposed upon the Club, in respect of 15 charges of misconduct, an overall sanction of a £50,000 fine along with a deduction of 10 points to be operative in the 2008/09 season.

The appeal submitted by Luton Town FC was on the following grounds:

  1. The Regulatory Commission came to a decision that no reasonable body should have come to (Regulation 1.4(2))
  2. The Regulatory Commission imposed an award, order or any other sanction that is excessive (Regulation 1.5(1))

Having considered the submissions by Luton Town FC and The Football Association, the Appeal Board dismissed the appeal and upheld the original Regulatory Commission decision.

The Appeal Board Chairman Nicholas Stewart QC stated that The Regulatory Commission correctly viewed the offences as most serious breaches of The FA rules and regulations. This was particularly the case in relation to payments by Luton Town FC channelled to agents by irregular means through a Company rather than through The FA as the rules required.

The 10 point deduction and the £50,000 fine were expressly stated by the Regulatory Commission to include an element of deterrent, which the Appeal Board endorses.

It is highly unfortunate for Luton Town FC and their loyal fans that shortly after the FA Regulatory Commission reached its decision, the Football League quite separately imposed a 20 point deduction for entirely different actions by Luton Town FC. The Football Association Appeal Board takes the view that the Football League's decision to deduct 20 points was entirely a matter for the Football League.

The FA Regulatory Commission's responsibility was to decide the appropriate punishment for Luton Town's admitted breaches of The FA's own rules and regulations. The deduction of 10 points was a heavy sanction, as it was intended to be, but was not excessive as a reflection of the seriousness of the breaches and the need to deter such conduct within Football Clubs.