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<\/p>\nNeil Doncaster, the current head of the SPFL, has been touted by many as a possible successor to the disgraced Stewart Regan, who quit the SFA last month after he finally got fed up of covering for the cabal that runs Scottish football.<\/p>\n
The vacancy has been advertised online, and I actually thought of applying for it myself, but as I don’t have a fake tan and my parents are married, I don’t meet the basic criteria for the position.<\/p>\n
However, many feel that Doncaster does.<\/p>\n
Indeed, having been assured that he acts entirely on behalf of the clubs, i felt that he perhaps deserved a chance.<\/p>\n
After his efforts to secure an independent review into the events surrounding the granting of a licence to Rangers back in the days of the original club I was even more convinced, and the rejection by the SFA of this application seemed to show that Scottish football was divided into two camps, with Regan and the SFA one one side, and Doncaster and the clubs, and by extension, the supporters, on the other.<\/p>\n
<\/p>\n
Except, of course, he didn’t get the chance to fool me twice.<\/p>\n
and I’ll tell you why..<\/p>\n
This email was in response to a supporter who asked him to clarify the Rangers are the same club argument,<\/p>\n
For a lot of us, the whole credibilty of Scottish football lies in this simple clarification.<\/p>\n
If the new entity are a new entity, as is fairly obvious to any right thinking man or woman, then this must be officially clarified.<\/p>\n
Its also important that the shennanigans surrounding the liquidation of the old club are fully detailed and exposed, with those responsible for any wrongdoing punished.<\/p>\n
without getting into too much detail on the same club argument, the importance of truth cannot be underestimated where millions of pounds of supporters money is concerned.<\/p>\n
No other industry would be allowed to gloss over similar fraud on such a massive scale, why should football be any different?<\/p>\n
All we ask is for clarification so that we can, to coin a phrase, move on into shaping a game that is based around sporting integrity.<\/p>\n
Doncaster, however, with breathtaking arrogance and a unique and refreshing take on events, replied..<\/p>\n
Dear …….<\/p>\n
Your email assumes that a Club and the entity with legal personality which owns and controls the Club are one and the same.\u00a0<\/em><\/div>\n Chapter 2: Licence Applicant and Licence<\/span><\/p>\n Article 12 \u2013\u00a0<\/span><\/span>Definition of licence applicant<\/span><\/i><\/span><\/p>\n <\/i><\/p>\n 1\u00a0<\/span>A licence applicant may only be a football club, i.e. a legal entity fully responsible<\/span><\/span><\/span><\/p>\n for a football team participating in national and international competitions which<\/span><\/p>\n either:<\/span><\/p>\n a) is a registered member of a UEFA member association and\/or its affiliated<\/span><\/p>\n league (hereinafter: registered member); or<\/span><\/p>\n b) has a contractual relationship with a registered member (hereinafter: football<\/span><\/p>\n company).<\/span><\/p>\n 2\u00a0<\/span>The membership and the contractual relationship (if any) must have lasted \u2013 at<\/span><\/span><\/span><\/p>\n the start of the licence season \u2013 for at least three consecutive years. Any<\/span><\/p>\n alteration to the club\u2019s legal form or company structure (including, for example,<\/span><\/p>\n changing its headquarters, name or club colours, or transferring stakeholdings<\/span><\/p>\n between different clubs) during this period in order to facilitate its qualification on<\/span><\/p>\n sporting merit and\/or its receipt of a licence to the detriment of the integrity of a<\/span><\/p>\n competition is deemed as an interruption of membership or contractual<\/span><\/p>\n relationship (if any) within the meaning of this provision.\u00a0<\/span><\/p>\n Perhaps Neil needs to read that again..<\/p>\n<\/div>\n<\/div>\n \u00a0Can I suggest that you do read the judgement of Lord Nimmo Smith and the relevant parts of the SPFL Articles and Rules (available at\u00a0www.spfl.co.uk<\/a>) and we can then discuss whether a meeting such as the one you propose would be a good use of your time and mine?\u00a0<\/em><\/div>\n Kind regards,<\/em> Of course, there’s a lot of detail in my responses, but the fundamental question, the one that leaps out at me, is that if Doncaster is, as head of the SPFL, acting in the best interests of all the clubs, does that mean that all the clubs have now accepted that Rangers are the same club, and in the words of Stewart Regan, there’s no point in raking over the coals ?\u00a0<\/em><\/strong><\/p>\n We are 180 something days since the compliance officer was asked to look into this and other events concerning allegations of corruption, collusion or just plain incompetence in the corridors of power at Hampden.<\/p>\n He’s either doing a really good job if it, and the report is being prepared properly and professionally, or its done and no one wants to publish it.<\/p>\n Either way, the paying customer, you and I, need to know which it is.<\/p>\n<\/div>\n\u00a0<\/em>They are not.\u00a0 <\/em><\/div>\n<\/div>\nThe distinction between a Club and the entity (usually a limited company) that owns and controls the Club is inherent in SPFL Articles and Rules (and the Rules of the SPL prior to the merger with the SFL in 2013) and the Articles of the Scottish FA and was reflected in the judgements of Lord Nimmo Smith and his Independent Commission in relation to Rangers.\u00a0<\/em><\/div>\n<\/div>\n<\/div>\nEr, hang on…<\/div>\n<\/div>\nWhy then, were the new Rangers forced to apply for a licence to play in division Three ?<\/div>\nWhy then, were they not permitted to play in Europe ?<\/div>\nWhy then, did they begin the following season, the new clubs first, in the first round of the Scottish cup ?<\/div>\nAnd why then, did Anders Traverso explain that no punishment was neccessary for the new club as they were, er, a new club ?<\/div>\n<\/div>\nSurely the entity would have been okay ?<\/div>\n\n<\/div>\n These judgements are readily available online and would be worth reading prior to any meeting with me here at Hampden Park. \u00a0You should particularly seek to read the first (or preliminary) judgement published in late 2012 which specifically addresses this issue.\u00a0<\/em><\/div>\n<\/div>\nLord nimmo smith ? Was his review of the events not the one that Doncaster called for a inquiry into ?<\/div>\n\nThat judgement and my own understanding of SPFL \/SPL Articles and Rules is why I am able to say that Rangers Football Club is the same Club as prior to the insolvency events of 2012 affecting \u2018Rangers OldCo\u2019.\u00a0<\/em><\/div>\n<\/div>\n<\/div>\nHang on, and this is important, prior to 2005 the concept of an owner separate from a club did not exist in SFA Articles and the introduction of the rule did not mean that clubs who did not fall into that owner separate from club category (like Rangers the club who were incorporated in 1872?) did not automatically become a club owned separately \u00a0because of a rule introduced to allow the SFA to discipline Romanov of Hearts.<\/div>\n\n<\/div>\nUnder UEFA rules such a construct of a club owned and operated by a company is recognised under Article 12 of UEFA FFP but such a contract requires a written contract to exist between the club and the operator. If\u00a0 such a contract between Rangers and some ethereal owner that existed at any time prior to liquidation in 2012 I would accept your ruling but until you do I think you are\u00a0 either mistaken on the history of SFA\/SPL Articles or have deliberately misconstrued them for commercial purposes.<\/div>\n<\/div>\nWhich I’m tempted to say is my guess.<\/div>\n<\/div>\nI know, lets see him\u00a0 produce a written contract between The Rangers Football Club and The Rangers International Football Club entered into post 2012, Then we could\u00a0 see in terms of which of the two entities based at Ibrox have applied for a UEFA Licence since.<\/div>\n<\/div>\nI wonder as well, if he could confirm,\u00a0 using UEFA terms that the applicant is a club fully responsible for the football team (as most supporters recognised Rangers before liquidation) or is RIFC the\u00a0company that now has a contractual relationship with\u00a0The Rangers FC, formed after liquidation and whose membership of the SFA did not begin until August 2015 ?<\/div>\n<\/div>\nHere is the relevant UEFA Article (12 ) sent on the basis that Scottish football is subservient to UEFA on matters of football regulations.<\/div>\n\n\n<\/div>\n Many football clubs across the world have been owned by companies that have gone through insolvency events, including a number where the club became owned by a new company.\u00a0 Leeds United and Bristol City Football Clubs are but two examples.\u00a0 I have not heard it suggested that the Leeds United FC currently playing in the EFL is not the same Leeds United FC that won the First Division in 1992.\u00a0<\/em><\/div>\n<\/div>\nThats because neither club went into liquidation.<\/p>\n<\/div>\nThat would be the Nimmo Smith enquiry that you wanted an independent review of ?<\/p>\n
\nNeil<\/em><\/div>\n<\/div>\n<\/div>\n
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