The FA Women’s Super League and The FA Women’s Championship
The FA Women’s Super League (“The FA WSL”) and The FA Women’s Championship (“The FA WC”) are the highest two tiers of women’s football in England and are operated by the FA. In particular, The FA WSL and The FA WC are operated by the Women’s Football Board and the FA Women’s Super League and FA Women’s Championship Board (“The FA WSL and WC Board”), which are both committees created by The FA Board (as explained in Football Law’s overview of The FA).
The FA WSL and The FA WC are subject to the Women’s Football Pyramid Regulations (which can be found in part 24 of The FA Handbook) (“the Pyramid Regulations”) and The FA Women’s Super League and The FA Women’s Championship Competition Rules (“the Rules”). The Pyramid Regulations and the Rules shall be explained in turn.
The Pyramid Regulations
The Women’s Football Pyramid is the system of women’s and girls’ football leagues controlled by The FA, and which comprises The FA WSL, The FA WC and the remaining five tiers of women’s football. The Pyramid Regulations are binding on all leagues and clubs participating in the Women’s Football Pyramid and (i) provide clubs with a level of competitive football appropriate to their playing ability, facilities, economic means and location; (ii) provide a framework for discussion of policy and common interest; and (iii) allow for the seasonal movement of clubs (see regulations 2.3-2.4 of the Pyramid Regulations).
The criteria for entry into The FA WSL and The FA WC are determined by The FA WSL and WC Board and are provided in the Rules as explained below (see regulation 5.1 of the Pyramid Regulations). However, regulation 5.6 of the Pyramid Regulations explains the relegation and promotion procedures for The FA WSL and The FA WC:
The club finishing in the bottom place of The FA WSL is relegated to The FA WC and, subject to demonstrating compliance with the promotion requirements for The FA WSL, the club finishing in first place of The FA WC replaces the club relegated from The FA WSL; and
The club finishing in the bottom place of The FA WC will be relegated to the appropriate division in Tier 3 of women’s football by reference to the club’s geographical position (Tier 3 consists of two leagues: the Northern Premier Division and the Southern Premier Division) and, subject to demonstrating compliance with the promotion requirements for The FA WC, the Tier 3 champion club (i.e. the winner of a play-off match between the champion clubs of the Northern Premier Division and the Southern Premier Division) shall be promoted to The FA WC replacing the club relegated from The FA WC.
The Rules
The Rules (see rules 2.1-2.2 of the Rules) state that (i) the ownership, organisation, control and management of The FA WSL and The FA WC (collectively referred to as “the Competitions”) and any rights associated with them are entirely and exclusively vested in The FA; and (ii) the administration of the Competitions is to be carried out by The FA WSL and WC Board and the Executive Operational Committee, which is a sub-committee appointed by The FA WSL and WC Board to carry out the day-to-day management and administration of the Competitions.
Clubs and players participating in the Competitions are bound by the Rules (and the Rules and regulations of The FA) and agree to abide by the decisions of The FA WSL and WC Board and the Executive Operational Committee (see rules 2.3-2.4 of the Rules).
The Rules include rules for the playing and preparation of the Competitions’ matches (see rule 11 of the Rules) and determining the champions of, promotion to and relegation from the Competitions (see rules 15 of the Rules). For example, such rules provide that:
All matches shall be played under and in accordance with the Rules and regulations of The FA and in accordance with the Laws of the Game (see rule 11.2.1 of the Rules);
That each club shall ensure that the team it selects to participate in a Competitions’ match represents its strongest team available (see rule 11.2.7 of the Rules);
That a home club is responsible for producing a full match programme for each home match (see rule 11.5.1 of the Rules);
That promotion and relegation will occur as set out in the Pyramid Regulations (see rules 15.4-15.6 of the Rules); and
That the winners of each of the Competitions’ leagues will be presented with a trophy which the receiving clubs must return in good order and condition or shall be subject to a fixed penalty (see rule 16 of the Rules).
The Rules also set out, amongst other things, the composition and powers of The FA WSL and WC Board and the Executive Operational Committee (see rule 3 of the Rules), the operation of the Competitions’ general meetings (see rules 4-5 of the Rules), and the Competitions’ membership requirements (see rules 6-7 of the Rules), which are explained in summary below.
The FA WSL and WC Board and the Executive Operational Committee
The FA WSL and WC Board consists of (see rule 3.2 of the Rules):
One independent chairperson (elected in accordance with the terms of reference approved by the FA Board, however these terms of reference are unavailable);
Two independent non-executive directors (elected in accordance with the terms of reference approved by the FA Board, however these terms of reference are unavailable);
Two persons appointed by The FA at its discretion;
One person appointed by the Women’s Football Board at its discretion;
Four club representatives from The FA WSL, elected by the Clubs of The FA WSL in accordance with rule 4.2 of the Rules; and
Two club representatives from The FA WC elected by the Clubs of The FA WC in accordance with rule 4.2 of the Rules.
The powers of The FA WSL and WC Board include appointing sub-committees to act on its behalf (see rule 3.1.1 of the Rules).
One such sub-committee is the Executive Operational Committee which consists of such persons as The FA WSL and WC Board considers appropriate, and which carries out the day-to-day management of the Competitions (see rules 3.1 and 3.3.1 of the Rules).
Notably, the Executive Operational Committee has the power to issue an order or instruction, known as a Directive, on any matter not provided for in the Rules and which participants of the Competitions must comply with (see rule 3.6 of the Rules). Further, the Executive Operational Committee also has the power to:
Inquire into any suspected or alleged breach of the Rules, which may require any club, club official or player to appear before it and produce information or documents in respect of the same (see rule 3.5 of the Rules); and
Pursuant to rule 3.7 of the Rules, to deal with any such suspected or alleged breach of the Rules by (i) imposing a fixed penalty if the breach amounts to a ‘Summary Offence’ (see rule 3.8 of the Rules); (ii) exercising its summary jurisdiction (see rule 3.9 of the Rules); (iii) exercising its powers under rule 11.3.20 of the Rules in circumstances where a Club has failed to fulfil a fixture in the Competitions; (iv) referring the matter to an independent tribunal (see below) (see rule 3.10 of the Rules); or (iv) referring the matter to The FA for determination under the Rules of The FA.
If an independent tribunal is required then Sport Resolutions is used to appoint an independent tribunal, which shall be comprised of one barrister or solicitor (see rule 3.10.7 of the Rules).
The rules governing the initiation and conduct of a matter to be determined by an independent tribunal are set out in rules 3.10 of the Rules, which include (i) whether the matter is to be dealt with by way of written submissions or a personal hearing (see rules 3.10.10(d) and 30.10.17-3.10.18 of the Rules); (ii) that the sanctions that the independent tribunal may impose include a financial penalty payable to The FA and a deduction of points (see rule 3.10.25 of the Rules); and (iii) that the proceedings take place in private but that The FA may publish decisions (see rules 3.10.28-3.10.29 of the Rules). Decisions of an independent tribunal appeal are final and there is no right of further challenge (see rule 3.10.30 of the Rules).
It should be noted that Executive Operational Committee’s powers and procedures for dealing with breaches of the Rules are not to be confused with The FA’s disciplinary powers and procedures for dealing with misconduct as defined in rule E1 of the Rules of The FA. They are separate, as is identifiable by the two following points. Firstly, breaches of the Laws of the Game are dealt with by The FA (see rule E1.1 and G1 of the Rules of The FA). Secondly, while other types of misconduct as defined in rule E1.2-E1.6 of the Rules of The FA may also amount to a breach of the Rules, rule G3.2 of the Rules of The FA explains that such misconduct will ordinarily be dealt with by Executive Operational Committee unless otherwise agreed:
‘a Competition other than those referred to at Rule G3.1 above, shall be dealt with by the Competition having jurisdiction under its rules and regulations, unless The Association and/or an Affiliated Association acts. A Competition shall not act before The Association or Affiliated Association acts’.
General meetings
There are two types of general meeting that occur across the Competitions. Firstly, the Competitions each have a league annual general meeting, which take place before the start of an upcoming season (see rule 4.1.1 of the Rules) and the meetings deal with (see rule 4.1.2 of the Rules), amongst other things:
The election of club representatives to The FA WSL and WC Board (the procedure for which is set out in rule 4.2 of the Rules); and
Consideration of any business specified by The FA WSL and WC Board or the Executive Operational Committee.
Secondly the Competitions have a joint annual general meeting, which again takes place before the start of an upcoming season (see rule 4.3.1 of the Rules), and the meeting deals with (see rule 4.3.2), amongst other things:
Receiving notice of any changes to the members of The FA WSL and WC Board; and
Consideration of any business specified by The FA WSL and WC Board or the Executive Operational Committee.
There may be additional league and joint general meetings, known as league special general meetings or joint special general meetings as the case may be if (i) two-thirds of a league’s clubs give notice for the same; (ii) if two thirds of the Competitions’ clubs give notice of the same; or (iii) The FA WSL and WC Board or the Executive Operational Committee call a further meeting for any purpose it considers appropriate (see rule 4.4 of the Rules).
Each member of The FA WSL and WC Board and the Executive Operational Committee (and any person they consider appropriate but who shall not have any voting rights) are entitled to attend all general meetings (see rule 5.3.1 and 5.3.5 of the Rules).
Further, each club is entitled to and should attend the league general meeting for the league which it participated in the previous season and will participate in the upcoming season, and each club of the Competitions is entitled to attend the joint general meetings (see rule 5.3.2-5.3.4 of the Rules).
Where matters at a general meeting require a vote, quorum is reached when 50% or more of those that have the right to vote are present. Attendance can be in person or by electronic means (see rule 5.2.2 of the Rules). The Competitions’ clubs and every member of The FA WSL and WC Board and the Executive Operational Committee are entitled to one vote each (see rules 5.2.4-5.2.5 of the Rules). However, unless The FA WSL and WC Board direct otherwise, it should be noted that the Competitions’ clubs’ voting rights at general meetings are limited to the election of club representatives to The FA WSL and WC Board (see rules 4.2 and 5.2.3 of the Rules). Correspondingly, members of The FA WSL and WC Board are precluded from casting a vote in the election of club representatives to The FA WSL and WC Board (see rule 5.2.4 of the Rules).
All matters requiring a vote are determined by a simple vote for or against (see rule 5.2.6 of the Rules). Generally, If the votes are equal then the chairperson of The FA WSL and WC Board has the deciding vote (see rule 5.2.7 of the Rules).
Membership requirements
The membership requirements for the Competitions are set out in rules 6-7 of the Rules, with rule 6 providing for general requirements and rule 7 providing requirements for clubs’ grounds and pitches. Focus is given here to the general requirements.
Clubs in both Competitions must be incorporated as a company in England and Wales (see rule 6.2 of the Rules) and must be affiliated with a County Association or the Football Association of Wales (see rule 6.4 of the Rules). FA WSL clubs (a Tier 1 club) are also required to enter an academy team to participate in The FA’s academy programme (see rule 6.9 of the Rules).
Further, clubs in both Competitions must hold the appropriate licence (see rule 6.3 of the Rules). To participate in the FA WSL a club must hold a Tier 1 Licence, and to participate in the FA WC a club must hold a Tier 2 Licence.
The Tier 1 Licence provides key minimum requirements that clubs wanting to participate in the FA WSL are required to comply with to be granted a Tier 1 Licence (references to paragraph numbers are to those paragraphs in the Key Requirements Guidance found in the Tier 1 Licence Application). Such requirements include:
That clubs have policies that are in compliance with applicable laws and the Rules of The FA for, amongst others, anti-doping, equality and diversity, social media, and health and safety and crowd safety (paragraph 1.3);
That clubs demonstrate how they will spend funding received from The FA, which include default spending requirements of a £18,000 salary for a general manager and a £30,000 salary for a strength and conditioning coach (paragraph 1.5);
That clubs show evidence that they will achieve minimum match attendance requirements, which was 1,500 attendees for the 2019/2020 season and is 2,020 attendees for the 2020/21 season (paragraph 2.1) (the Guidance provided with the Tier 1 Licence Application has not been updated beyond the 2020/21 season and these figures are likely to have been irrelevant or disapplied considering the COVID-19 pandemic);
That clubs can demonstrate it has training facilities that include a 3G pitch, floodlighting, a gym and medical facilities (paragraph 3.5);
That clubs have in place specific personnel for, amongst others, a general manager, a marketing officer, a safeguarding officer, a goalkeeping coach, a physiotherapist and a strength and conditioning coach (paragraph 4); and
That clubs can demonstrate that they will provide training programmes for its players amounting to 18 hours’ contact time per week for the 2019/2020 season and 20 hours’ contact time for the 2020/2021 season (paragraph 4.11).
When a club submits their application to The FA, The FA may require the club to provide a presentation or attend an interview or arrange a site visit to the club. The application is considered by a selection panel, which includes specialist members that have the appropriate experience to consider each category of the key minimum requirements) and the Women’s Football Board, who have an absolute discretion to assess the club against the key minimum requirements and determine membership of Tier 1 (see the Application Terms and Conditions of the Tier 1 Licence Application). A club that is not awarded a Tier 1 Licence is automatically deemed to have applied for a Tier 2 Licence.
The Tier 2 Licence also provides key minimum requirements that clubs wanting to participate in the FA WC are required to comply with to be granted a Tier 2 Licence (references to paragraph numbers are to those paragraphs in the Key Requirements Guidance found in the Tier 2 Licence Application). The key minimum requirements for the Tier 2 Licence are similar to the Tier 1 Licence but with notable different thresholds or levels set. For example:
The default spending requirements provide no default spending for the salary of a strength and conditioning coach (paragraph 1.5);
Clubs much show evidence that they will achieve minimum match attendance requirements, which was 600 attendees for the 2019/2020 season and is 800 attendees for the 2020/2021 season (paragraph 2.1) (again, the Guidance provided with the Tier 2 Licence Application has not been updated beyond the 2020/21 season and these figures are likely to have been irrelevant or disapplied considering the COVID-19 pandemic); and
Clubs must demonstrate that they will provide training programmes for its players amounting to eight hours’ contact time per week (paragraph 4.11).
Similarly, again, the application process for a Tier 2 Licence follows that of the Tier 1 Licence, with the selection panel and the Women’s Football Board having absolute discretion to assess the club against the key minimum requirements and determine membership of Tier 2 (see the Application Terms and Conditions of the Tier 2 Licence Application).
Exciting times ahead
The progress of women’s football has been tremendous, providing an elite performance environment that produces more and better players and exciting, competitive leagues which in turn is attracting ever greater numbers of fans. The only way is up for the interest and commercial viability of women’s football with the model that the Competitions provide. Indeed, it has recently been reported that the FA is considering launching a new company that will run the Competitions, and that private equity investors have made offers to acquire the Competitions.
28 July 2022
Thomas Horton