Kendal Town are preparing for their biggest game of the season at Parkside Road this afternoon.
But the visit of North West Counties leaders Bury has been surrounded by events from over three months ago.
It was announced yesterday that Bury had lost their appeal over a three point deduction from a game with Glossop North End on July 29.
Now the League has issued a full statement explaining the background to the decision following the competition of the appeal process..
Bury were charged with playing an ineligible player against Glossop and requested a personal hearing at which the breach of League Rule was considered proven by the Leagues Disciplinary Panel.
The decision being as per the League Rule 6.9 that the points gained in the match be deducted from the club’s playing record and a fine imposed in accordance with the Leagues Fines Tariff.
The League statement said: “The player was a contracted player of another club, confirmed by The Football Association Player Status Department.
“Bury FC had offered a £500 transfer or cancellation of contract fee to that club who had issued them with an invoice.
“Bury FC had incorrectly registered the player as a non-contract player with the League.
“This was all before the playing of the game against Glossop North End on July 29 2023.
“Therefore the Disciplinary Panel’s conclusion was that the club knew the player was contracted to another club and in accordance with the FA Player Status Regulations, approval for either a transfer or cancellation of the players contract had not been obtained.
“The Board considered the above decision and the rationale, for which they could only vary their decision in respect of the points gained in circumstances where;
(a) the ineligibility is due to the failure to obtain an International Transfer Certificate or
(b) where the ineligibility is related to a change in the Player’s status with the Club for whom he is registered or
(c) where the Board determined that exceptional circumstances exist
“The Board considered that none of the above was relevant.
“Bury FC then submitted an appeal against the League’s decision to The Football Association Judicial Services whose appointed Appeal Board dismissed the appeal.
“Glossop North End had submitted a protest, which after the decision of the FA Appeals Board was considered by the League Board, the protest was upheld due to the decision of the FA Appeals Board.
“The only decision they could make as per the League Rule 6.9 is to replay the game and apply the terms and conditions under which it is to be replayed, which are as per the financial aspects of Cup Rule 21 b (ii) Net Gate Receipts: Equally between the North West Counties Football League and the two competing Clubs.
“There is no provision to award the points to the disadvantaged club for their opponents playing an ineligible player.
“The League will be making no further statements on this matter.”
Kendal won 3-2 at Gigg Lane earlier in the season and completing a double over the League leaders would be a fine achievement, given Bury’s good form over the last few weeks.
A crowd of 1,400 will watch the game. Kendal’s biggest for some considerable time.
