The Football Agents Regulations are scheduled to come into effect on 1 September.
Friday, 20 July 2007.
The FA has today published the Football Agents Regulations which are scheduled to come into effect on 1 September.
It marks the culmination of a lengthy consultation process, in which views were sought from across the game. The regulations also build upon the measures put in place by the existing regulations introduced in January 2006.
To aid implementation of the new regulations, The FA will provide support and education to participants, including the publication of guidance notes and FAQs, meetings with clubs, leagues, players, managers and agents, a conference for all FA-licensed agents and a possible dedicated hotline to deal with queries.
Jonathan Hall, FA Director of Governance, said: "We are bringing in a set of regulations that we firmly believe are fair, proportionate and balanced and which represent a significant step forward in governing this area of the game. We are pleased to have reached agreement with the Law Society on a framework which covers solicitors acting as agents."
Premier League Chief Executive Richard Scudamore added: "We have supported The FA since the very inception of this process, and are pleased that these regulations are being implemented as soon as practically possible. We believe they are fundamental to the good governance of the game and will be working with The FA and our member clubs to ensure all stakeholders are ready to operate in this new regulatory framework."
Football League Chairman Lord Mawhinney said: "We are pleased that The FA is taking this initiative and we are supportive of it. A number of the significant changes contained in the new regulations are already reflected in our own rules."
The new regulations have also been warmly received by Sports Minister Gerry Sutcliffe: "I welcome these new regulations. It's clear from recent developments that football needs clear rules governing agents’ activities and a strong regulatory authority enforcing them. The role of agents may always be controversial, but having a proper set of standards in place should go a long way towards increasing public confidence that their activities are not detrimental to the game."
Andrew Holroyd, Law Society President, added: "The Law Society welcomes The FA's constructive approach to this matter. The Society supports the approach adopted in the Regulations as an effective and proportionate means of ensuring proper regulation of solicitors in connection with football transfers."
The main principles of the new regulations are:
Dual representation - Dual representation will no longer be allowed. An agent will only be able to act for one party in a transaction – a transaction being the combination of the player/buying club employment arrangements and the club/club transfer arrangements
Overseas Agents - Will be required to register with The FA when involved in a transaction in England (thereby providing The FA with jurisdiction)
Lawyers – Lawyers will be required to register with The FA when involved in a transaction in England (thereby providing The FA with jurisdiction) save that solicitors will be able to act under certain conditions of exemption. A "warned off" list will be set up preventing lawyers who breach these conditions from acting as agents
Close family members (e.g. player’s parent, sibling, spouse) - The ability of close family members to act for players will be narrowed to very limited circumstances and they will also required to register with The FA
Approaches - Agents will be expressly covered by rules on illegal approaches mirroring those that already apply to other participants
"Switching" rule - Agents will only be permitted to act for a club in a transaction if they have not acted for the player in any capacity in the preceding two completed transfer windows. This will prevent agents switching to get paid by a club when they are in reality the player's agent
"Shadow" clause - An agent acting for a club in respect of a transaction involving a player will not be permitted thereafter to act for any other clubs in respect of a transaction in relation to the same player for the period of two completed transfer windows or one transaction in between, whichever is longer. This will prevent agents from "shadow" representing players (i.e. claiming to act for a club when in fact the agent is acting for a player) through his career and seeking payment from clubs
Nepotism provisions - Agents may not have any involvement in a deal also involving a club where a close family member is employed. This extends the provisions in the existing regulations which prevent an agent acting specifically for the club at which a family member is employed
Commercial restrictions - Where an agent represents a player, he will not be able to act in any capacity for a club in relation to that player (e.g. the player’s agent can not be paid by a club for an image rights deal or similar arrangement)
Clubs must deal with player's agent - Clubs will be required to deal with a player's agent, save where the player has elected to represent himself, and will not be allowed to induce or coerce a breach of a player’s agency contract
Contractual terms / new standard contracts - The FA will require that certain obligatory terms are contained in all representation contracts
Player registrations – There will be expanded and quicker upfront monitoring of transfers including checks on representation contracts
Unlicensed agents – In addition to existing restrictions, the subcontracting of any agency activity to unlicensed agents will be prohibited. This will prevent unlicensed agents from being involved "down the chain". Similarly agents will not be permitted to act "in concert" with unlicensed agents
Companies - A procuring provision will be included so that agents cannot hide behind companies. For example, this will apply when it comes to having to provide financial information required by the regulations
Registration rights - Blanket prohibition on agents owning an interest, either directly or indirectly, in the registration rights of a player
Database - The FA will be making a database of agency representation accessible to clubs and leagues
Forms – New registration forms and additional disclosures will be required
Payments – Must be made by the client. This means where an agent acts for a player, he can only be paid by the player (either directly or through salary deduction).
Key documents
1 - Explanatory Note
2 - FA Football Agents Regulations
3 - Club Standard Representation Contract
4 - Player Standard Representation Contract
5 - Agents Panel Terms Of Reference