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<BR>REGULATION 8. ELIGIBILITY TO PLAY FOR NATIONAL REPRESENTATIVE TEAMS
<BR>8.1 Subject to Regulation 8.2, a Player may only play for the senior fifteen-aside
<BR>National Representative Team, the next senior fifteen-a-side National
<BR>Representative Team and the senior National Representative Sevens
<BR>Team of the Union of the country in which:
<BR>a) he was born; or
<BR>b) one parent or grandparent was born; or
<BR>c) he has completed thirty six consecutive months of Residence
<BR>immediately preceding the time of playing.
<BR>8.2 A Player who has played for the senior fifteen-a-side National
<BR>Representative Team or the next senior fifteen-a-side National
<BR>Representative Team or the senior National Representative Sevens Team
<BR>of a Union is not eligible to play for the senior fifteen-a-side National
<BR>Representative Team or the next senior fifteen-a-side National
<BR>Representative Team or the senior National Representative Sevens Team
<BR>of another Union.
<BR>8.3 For the purposes of this Regulation, a Player is deemed to have played
<BR>for the senior fifteen-a-side National Representative Team or the next
<BR>senior fifteen-a-side National Representative Team of a Union if:
<BR>a) He is selected for such team to play in an International Match against
<BR>the senior fifteen-a-side National Representative Team or the next
<BR>senior fifteen-a-side National Representative Team of another Union
<BR>(or in a fifteen-a-side international Match against another Union’s
<BR>senior or next senior Touring Squad during an IRB approved
<BR>International Tour) and is present at the Match played by that team
<BR>either as a replacement, substitute or a playing member of that team
<BR>and has, at the time of the Match, reached the age of majority; or
<BR>b) He is selected to represent a Union’s senior Touring Squad on an
<BR>International Tour which includes an International Match or Matches
<BR>approved by the IRB and is present at any fifteen-a-side Match played
<BR>on that International Tour either as a replacement, substitute or a
<BR>playing member of a team selected from the Union’s senior Touring
<BR>Squad and has, at the time of the Match, reached the age of majority;
<BR>Or
<BR>c) He is selected to represent a Union’s next senior Touring Squad on
<BR>an IRB approved International Tour and during that International Tour
<BR>he is present at a Match against the senior fifteen-a-side National
<BR>Representative Team or the next senior fifteen-a-side National
<BR>Representative Team of another Union either as a replacement,
<BR>substitute or playing member of a team selected from the Union’s next
<BR>senior Touring Squad and has, at the time of the Match reached the
<BR>age of majority.
<BR>
<BR>8.4 For the purposes of this Regulation, a Player is deemed to have played
<BR>for the senior National Representative Sevens Team of a Union if he is
<BR>selected to represent a Union’s senior National Representative Sevens
<BR>Team in an International Match against the senior National Representative
<BR>Sevens Team of another Union and is present at the Match played by that
<BR>Team either as a replacement, substitute or playing member of that Team
<BR>and has, at the time of the Match, reached the age of majority.
<BR>Responsibility, breach and penalties for a breach of Regulation 8
<BR>8.5 Regulation 8 is a strict liability offence and shall be construed in
<BR>accordance with the principles of strict liability under English law. It is not,
<BR>therefore, necessary that fault or intent on the part of a Union be shown
<BR>in order for a breach of Regulation 8 to be established. Nor is lack of fault
<BR>or intent on the part of a Union a defence to a breach of Regulation 8. For
<BR>the avoidance of any doubt (and without limiting a Union’s other
<BR>obligations and responsibilities for the conduct, acts or omissions of its
<BR>members and Persons under its jurisdiction pursuant to any other
<BR>Regulation) Unions are responsible and accountable for the conduct of
<BR>their Players and all Persons under its jurisdiction in relation to compliance
<BR>with the provisions of Regulation 8 and any breach of Regulation 8 by
<BR>such Player(s) or Person(s) shall be deemed to be a breach of Regulation
<BR>8 by the Union concerned. Each breach of Regulation 8 by a Union,
<BR>howsoever arising, will result in a minimum fixed fine being imposed on
<BR>the Union concerned. The minimum fixed fines for each breach of
<BR>Regulation 8 are as follows:
<BR>a) For a Union that is represented on the Council £100,000 sterling;
<BR>b) For all other IRB Member Unions £25,000 sterling.
<BR>Based on the facts and circumstances of any breach of Regulation 8 the
<BR>applicable minimum fixed fine as set out above may be increased. In
<BR>addition, other penalties as set out in Regulation 17.6 may also be
<BR>imposed on the Union concerned.
<BR>8.6 In exceptional circumstances, a Union in breach of Regulation 8 may
<BR>make submissions to the relevant disciplinary body appointed under
<BR>Regulation 17 to adjudicate on the case as to why the Union should not
<BR>be subject to the applicable minimum fixed fine. For the avoidance of any
<BR>doubt, however, the relevant disciplinary body shall only be entitled to
<BR>reduce the applicable minimum fixed fine set out in this Regulation where
<BR>the Union is able to provide clear and indisputable evidence that truly
<BR>exceptional circumstances exist and that the Union concerned had taken
<BR>all necessary steps to comply with Regulation 8.
<BR>
<BR>EXPLANATORY GUIDELINES ON THE IMPLEMENTATION OF REGULATION 8
<BR>– ELIGIBILITY TO PLAY FOR NATIONAL REPRESENTATIVE TEAMS
<BR>Following its deliberations on the question of Player eligibility, the Working Party has
<BR>produced these Explanatory Guidelines on the implementation of Regulation 8. These
<BR>Explanatory Guidelines must be read in conjunction with the terms of Regulation 8.
<BR>1. What is the Rationale/Philosophy of Regulation 8?
<BR>The rationale/philosophy of Regulation 8 is to ensure that Players selected to
<BR>represent either the senior and next senior fifteen-a-side National
<BR>Representative Teams of a Union or a Union’s senior National Representative
<BR>Sevens Team have a genuine, close, credible and established national link
<BR>with the country of the Union for which they have been selected.
<BR>Such a national link is essential to maintain the unique characteristics and
<BR>culture of elite international sporting competition between Unions. The
<BR>integrity of International Matches between Unions depends upon strict
<BR>adherence to the eligibility criteria set out in the Regulations.
<BR>2. Who establishes the eligibility criteria in Rugby Union?
<BR>The IRB will continue to establish the criteria by reference to which a Player’s
<BR>eligibility to play for the senior or next senior fifteen-a-side National
<BR>Representative Team of a Union or a Union’s senior National Representative
<BR>Sevens Team will be determined.
<BR>Citizenship of a country and/or whether a Player holds a passport of a
<BR>particular country are not, of themselves, determinative in identifying which
<BR>Union a Player is eligible to represent. This will be determined solely in
<BR>accordance with the IRB’s eligibility criteria.
<BR>3. What is the eligibility criteria in Rugby Union?
<BR>The existing IRB eligibility criteria set out in Regulation 8.1 will be maintained.
<BR>This is based on the following:
<BR>a) The country in which the Player was born; or
<BR>b) The country in which one parent or grandparent of the Player was born;
<BR>or
<BR>c) The country in which the Player has completed thirty-six consecutive
<BR>months of Residence immediately preceding the time of playing.
<BR>Residence means the place or location in which a Player has his primary and
<BR>permanent home and Resident shall be construed accordingly.
<BR>4. If a Player has dual eligibility, can he play for the senior or next
<BR>senior fifteen-a-side National Representative Team or the senior
<BR>National Representative Sevens Team of more than one Union?
<BR>No, save for those Players that, before 1 January 2000, allowed a period
<BR>of 36 consecutive months to elapse after they had played for another
<BR>Union and who played for the second Union before 1 January 2000.
<BR>The one Union only rule, introduced by the IRB from 1st January 2000 (as
<BR>set out in Regulation 8.2), will be maintained.
<BR>
<BR>A Player is only entitled to play Rugby Union for the senior or next senior
<BR>fifteen-a-side National Representative Team or the senior National
<BR>Representative Sevens Team of one Union. Accordingly, if a Player is
<BR>deemed to have played for such a team, even if he is able to satisfy one
<BR>or more of the eligibility criteria set out in Regulation 8.1, he will not be
<BR>able to play for any other Union.
<BR>Consistent with the overall rationale underlying the eligibility Regulations,
<BR>the one Union only rule is designed to maintain the integrity of the
<BR>international Game. Once a Player has committed himself to a particular
<BR>Union, through participation in one of the Matches or Tours identified in
<BR>Regulations 8.3 or 8.4, he is unable to change his “Rugby Nationality”
<BR>which becomes fixed.
<BR>5. When is a Player deemed to have played for the senior or next senior
<BR>fifteen-a-side National Representative Team of a Union or a Union’s
<BR>senior National Representative Sevens Team?
<BR>As a result of the one Union only rule, in particular, it is essential that
<BR>Players and Unions understand the situations in which Players will be
<BR>deemed to have played for the senior fifteen-a-side National
<BR>Representative Team or the next senior fifteen-a-side National
<BR>Representative Team of a Union or a Union’s senior National
<BR>Representative Sevens Team. These situations are set out in Regulations
<BR>8.3 and 8.4. Players and Unions shall, at all times, have regard to the full
<BR>terms of Regulations 8.3 and 8.4, however, by way of a summary only, the
<BR>situations set out below are covered:
<BR>Fifteen-a-side
<BR>a) Players who participate in International Matches for the senior
<BR>National Representative Team or the next senior National
<BR>Representative Team of a Union against the senior or next senior
<BR>National Representative Team of another Union.
<BR>b) Players selected to represent a Union’s senior Touring Squad who
<BR>participate in any Match played by members of that Union’s senior
<BR>Touring Squad during an International Tour provided such
<BR>International Tour includes an International Match(es) approved by
<BR>the IRB.
<BR>c) Players who participate in a Match for the senior or next senior
<BR>National Representative Team of a Union against a team made up of
<BR>Players from a Union’s senior Touring Squad during an International
<BR>Tour which includes International Match(es) approved by the IRB.
<BR>d) Players, representing a Union’s next senior Touring Squad who
<BR>participate in a Match on an International Tour approved by the IRB
<BR>against the senior National Representative Team or the next senior
<BR>National Representative Team or the next senior National
<BR>Representative Team of another Union.
<BR>e) Players who play for the senior or next senior National Representative
<BR>Team of a Union against a team selected from a Union’s next senior
<BR>Touring Squad when such Match is played on an International Tour
<BR>approved by the IRB
<BR>
<BR>Seven-a-side
<BR>a) Players who play for a Union’s senior National Representative
<BR>Sevens team in an International Match against the senior National
<BR>Representative Sevens team of another Union.
<BR>6. How do I know which team is a Union’s next senior fifteen-a-side
<BR>National Representative Team?
<BR>There should be no uncertainty over which team constitutes a Union’s
<BR>next fifteen-a-side senior National Representative Team since, as from
<BR>January 1 2000, Unions are required to notify the IRB of the name of its
<BR>nominated next senior fifteen-a-side National Representative Team. The
<BR>team nominated remains the Union’s next fifteen-a-side senior National
<BR>Representative Team for a period of 4 years. The identity of a Union’s
<BR>next senior fifteen-a-side National Representative Team can be verified
<BR>with the Union concerned and/or the IRB.
<BR>7. What is the age of majority?
<BR>For the purposes of the Regulations (including, but not limited to
<BR>Regulation 8), the age of majority is deemed to be acquired on a Player’s
<BR>18th birthday.
<BR>8. Does the eligibility criteria apply to all forms of Rugby?
<BR>The eligibility criteria applies to the fifteen-a-side Game at senior and next
<BR>senior National Representative level and in respect of a Union’s senior
<BR>National Representative Sevens Team.
<BR>9. Does the eligibility criteria apply to all Unions in membership of the
<BR>IRB?
<BR>Yes, all Unions in membership of the IRB are obliged to comply with the
<BR>eligibility Regulation
<BR>10. How will the eligibility criteria be assessed?
<BR>Ordinarily, the task of assessing whether a Player satisfies any of the
<BR>eligibility criteria set out in Regulation 8.1 is straightforward. However, as
<BR>a result of professionalism, greater mobility and societal family change
<BR>this is not always the case. Difficult cases have arisen and may continue
<BR>to emerge. The responses to the questions set out below are intended to
<BR>provide further clarification as to how each eligibility criterion in Regulation
<BR>8.1 will be applied.
<BR>The questions and answers should be regarded as guidelines. They have
<BR>been prepared on the basis of operational experience to date. It is not
<BR>possible to anticipate all scenarios that may arise and a degree of
<BR>flexibility in the application of the Regulations will be maintained.
<BR>Moving forward, in the event that there is any uncertainty or the need for
<BR>clarification in relation to the application of the eligibility criteria in
<BR>particular circumstances, then the Regulations Committee may be asked
<BR>by the IRB to make a ruling on a Player’s eligibility.
<BR>In relation to any such adjudication, the Regulations Committee will
<BR>always have in mind the rationale behind Regulation 8. The aim of the
<BR>
<BR>Regulations Committee in each case where clarification may be required,
<BR>is to establish whether, in all the circumstances, a Player has, by
<BR>reference to the eligibility criteria in Regulation 8.1, been able to
<BR>demonstrate a genuine, close and credible national link with the country
<BR>that the Player wishes to represent.
<BR>It is anticipated that over time a body of rulings by the Regulations
<BR>Committee may develop which may, in turn, assist in providing further
<BR>guidance to Unions in relation to eligibility matters.
<BR>11. When should any uncertainty over a Player’s eligibility be clarified?
<BR>It is essential that eligibility issues are clarified before a Player represents
<BR>the senior or next senior fifteen-a-side National Representative Team of a
<BR>Union or a Union’s senior National Representative Sevens Team. This is
<BR>particularly important in light of the one Union only rule. Accordingly, if a
<BR>Union has any doubt over a Player’s eligibility status it must take all steps
<BR>necessary to clarify the position before selecting the Player to play for its
<BR>senior or next senior fifteen-a-side National Representative Team or its
<BR>senior National Representative Sevens Team.
<BR>12. What does place of birth mean?
<BR>This should be the most straightforward criterion to apply. A Player’s
<BR>place of birth shall be the country within whose geographical borders he
<BR>was born. However, difficult scenarios can arise even in relation to this criterion. For
<BR>example, where a Player was born within the geographical borders of one
<BR>country, but in a part of that country deemed by the law of the country
<BR>concerned, to be the sovereign territory of another, or where a Player was
<BR>born in a military hospital. In such circumstances the matter should be
<BR>referred to the Regulations Committee for a ruling. The Regulations
<BR>Committee would need to establish the legal position together with other
<BR>relevant facts and circumstances.
<BR>In exceptional circumstances it may be possible for a Player to
<BR>demonstrate, to the satisfaction of the Regulations Committee, that he is
<BR>eligible to play for the Union within whose sovereign territory he was born,
<BR>even though that sovereign territory may be within the geographical
<BR>borders of another country.
<BR>13. What does Parent mean?
<BR>The term “parent” in the Regulations is limited to either a blood parent or
<BR>a parent that has formally adopted a Player in accordance with the
<BR>applicable legal requirements of the country concerned. Unless a Player
<BR>has been adopted in accordance with the formal, legal requirements of the
<BR>country concerned, the application of this criterion will be based on a
<BR>Player’s blood parent.
<BR>When a Player has been formally adopted in accordance with the
<BR>applicable legal requirements of the country concerned, the birth place of
<BR>the Player’s blood parent will no longer be relevant for the purposes of
<BR>establishing the Player’s eligibility pursuant to Regulation 8.1(b). The
<BR>relevant parent will be the parent that has formally and legally adopted the
<BR>Player.
<BR>For the avoidance of any doubt, stepparents and fostering parents will not
<BR>be considered to constitute a Player’s parent for the purposes of
<BR>
<BR>Regulation 8.1(b). These relationships are deemed to constitute care and
<BR>custody only.
<BR>It is not possible under Regulation 8.1 (b) to acquire eligibility via adoption
<BR>through a grandparent.
<BR>14. How is the Residence criteria satisfied?
<BR>Regulation 8.1(c) requires a Player to complete 36 consecutive months of
<BR>Residence immediately preceding the time of playing.
<BR>Residence is defined as “the place or location in which the Player has his
<BR>primary and permanent home” and Resident shall be construed
<BR>accordingly.
<BR>In essence, Regulation 8.1(c) constitutes a sporting naturalisation
<BR>procedure, based on a geographical/presence test. As in any
<BR>naturalisation process, a number of factors will influence the determination
<BR>of what constitutes a Player’s permanent and primary home. Such factors
<BR>include, but are not limited to, the actual time spent in a country and the
<BR>purpose of any absences during the qualification period.
<BR>By being Resident in a country for a period of 36 consecutive months
<BR>immediately preceding the time of playing for a Union, a Player is deemed
<BR>to acquire a credible, close and established national link with a
<BR>country/Union that entitles him to participate in sporting competitions for
<BR>that Union.
<BR>Based on the overriding rationale of the eligibility Regulations, in cases
<BR>where a Player’s eligibility is uncertain the Regulations Committee will
<BR>consider that Player’s eligibility by reference to the particular facts and
<BR>circumstances of his case to establish if the Residency test, in the context
<BR>of the overall rationale of the eligibility Regulations, has been satisfied.
<BR>The principles set out in responses to the questions below will act as
<BR>guidelines to the Regulations Committee when it is asked to consider any
<BR>cases pursuant to this criterion.
<BR>15. Whose burden of proof?
<BR>In all cases where a Player is seeking to establish eligibility by reference
<BR>to the Residency criteria in Regulation 8.1(c) (and, indeed, in relation to
<BR>Regulation (or 8.1(a) and (b)), the burden of proof is on the Player and the
<BR>Union that he wishes to represent to prove that Player’s eligibility.
<BR>Under Regulation 8.1(c), the Player and his Union must be able to
<BR>demonstrate that, during the relevant period, the country in which he
<BR>claims he has been Resident was, genuinely, the country that the Player
<BR>treated as his home and is clearly the country in which the Player has his
<BR>primary and permanent home.
<BR>If a Player has moved from one country to another, and is seeking to
<BR>establish Residence in that new country, then he must also be able to
<BR>demonstrate that he is clearly no longer Resident in the country in which
<BR>he lived previously and that he no longer treats that country as his home.
<BR>For the avoidance of any doubt, a Player cannot nominate a country as
<BR>his home without demonstrating that he has satisfied the geographical
<BR>commitment/presence test enshrined in Regulation 8.1(c).
<BR>The geographical commitment/presence test will be vigorously upheld
<BR>and applied to avoid abuse of the Residency criteria. For example, a
<BR>Player that acquired/leased property in a country and who nominated that
<BR>property as his permanent and primary home (even though he may only
<BR>be present at that property and in that Union on a short term/temporary
<BR>basis) would not satisfy the Residency test.
<BR>
<BR>16. Will short breaks interrupt a period of Residence?
<BR>Short breaks in Residence, for example, for holidays, attending
<BR>family/friends in other countries who may be ill etc, are unlikely to change
<BR>the place/location of a Player’s primary and permanent home and are,
<BR>therefore, unlikely to interrupt a Player’s period of Residence.
<BR>By way of a guideline, however, as a minimum requirement, it is likely that,
<BR>save in exceptional circumstances, at least 10 months actual physical
<BR>presence of the Player in the country concerned throughout any qualifying
<BR>year of the Residency period, will be required to demonstrate that the
<BR>country is the place where the Player has his primary and permanent
<BR>home.
<BR>17. Does the 36 month period of Residence have to immediately precede
<BR>playing for a Union?
<BR>Save in exceptional circumstances, the 36 months Residence will be
<BR>expected to have been completed consecutively and be achieved
<BR>immediately before the Player represents a Union. This is designed to
<BR>create a contemporary national link with the country of the Union
<BR>concerned.
<BR>This factor will be particularly significant if a Player has moved to make a
<BR>“new” country his Residence having been Resident in another country
<BR>previously. In essence, in such circumstances, the Player, as well as
<BR>demonstrating his commitment to a new country, must also be (and seen
<BR>to be) relinquishing his ties with the country in which he lived previously.
<BR>For the avoidance of any doubt, seeking to rely on short periods of
<BR>Residence as a child in a particular country, combined with a short period
<BR>of Residence in that same country prior to playing for a Union, is likely to
<BR>create a link that would be too tenuous to satisfy the underlying intentions
<BR>of establishing a contemporary, permanent, national link with a Union.
<BR>However, each case will be assessed on its overall merits to establish if a
<BR>Player is able to demonstrate a genuine, close, credible and established
<BR>national link by reference to the amount of time the Player can
<BR>demonstrate that he has treated the “new” country as his home and other
<BR>relevant factors.
<BR>18. What is the position of students?
<BR>As far as students are concerned, particularly those that are not financially
<BR>independent, being resident, as a full time student, in another country, is
<BR>likely to be considered as a series of temporary absences from the
<BR>parental home. It is anticipated that in the majority of cases involving
<BR>students the parental home is likely to continue to constitute the student’s
<BR>permanent and primary home. Accordingly, attendance at college/university
<BR>in such circumstances is unlikely to break a Player’s consecutive period
<BR>of Residence.
<BR>However, as in all matters of eligibility, the overriding concern of the
<BR>Regulations Committee in assessing any such case will be to ensure that
<BR>there remains a close, credible and established link with the country in
<BR>which the Player claims to have retained his primary and permanent
<BR>home. There could be circumstances in which a student living in another
<BR>country may be deemed to have interrupted his Residency period.
<BR>
<BR>19. Who is responsible for compliance with the eligibility criteria?
<BR>In accordance with Regulation 2.1.2, each Union is responsible for
<BR>ensuring compliance with all Regulations Relating to the Game This
<BR>includes, but is obviously not limited to, Regulation 8. Accordingly, it is the
<BR>responsibility of each Union to ensure that all Players it selects are
<BR>properly eligible within the provisions of Regulation 8 and, in the event of
<BR>any uncertainty, to ensure that the position is clarified before the Player is
<BR>selected.
<BR>Unions must have in place all necessary procedures and internal controls
<BR>to ensure compliance with the eligibility Regulations.
<BR>20. What must Unions do to ensure (and demonstrate) compliance with
<BR>the eligibility Regulations?
<BR>Unions must ensure that before a Player is selected for the first time for
<BR>its senior or next senior fifteen-a-side National Representative Team or its
<BR>senior National Representative Sevens Team the Player completes the
<BR>standard form declaration attached to these Explanatory Guidelines at
<BR>Schedule [1].
<BR>In addition, before selecting a Player, Unions must ensure that they obtain
<BR>valid/authentic documentation and such other evidence that may be
<BR>necessary to prove, definitively, a Player’s eligibility to play for that Union.
<BR>Each Union must notify the IRB of the names of all Player’s selected for
<BR>its senior and next senior National Representative Team and its senior
<BR>National Representative Sevens Team on an annual basis. The IRB shall
<BR>maintain a database of all such Players.
<BR>If requested, by the Chairman, or his designee, Unions must supply
<BR>copies of the completed declaration forms of a Player(s) together with
<BR>supporting documentation relied on to demonstrate the Player’s eligibility.
<BR>On 1 December each year, each Union must certify to the IRB that each
<BR>Player selected to represent the senior or next senior fifteen-a-side
<BR>National Representative Team of the Union or its National Representative
<BR>Sevens Team during the past year has completed, in full, the declaration
<BR>form and that each Player was eligible to represent the Union in
<BR>accordance with the provisions of Regulation 8.
<BR>The IRB may, through the Chairman, or his designee, of his own motion
<BR>or on receipt of a complaint undertake an investigation into a Union’s
<BR>compliance with Regulation 8. Unions, Players and officials must provide
<BR>assistance with any such investigation and disclose such information and
<BR>documents deemed necessary by the Chairman, or his designee, for the
<BR>purposes of that investigation.
<BR>21. What are the consequences of a breach of the eligibility
<BR>Regulations?
<BR>Compliance with Regulation 8 is of fundamental importance in maintaining
<BR>the integrity of international Rugby Union at senior National
<BR>Representative level. Any breach of such a fundamental Regulation,
<BR>howsoever arising, has a detrimental impact on the image and reputation
<BR>of the sport. Unions must, therefore take all necessary steps to put in place
<BR>comprehensive review/compliance procedures to ensure that a breach of
<BR>the eligibility provision does not occur whether negligently or otherwise.
<BR>
<BR>Alleged breaches of Regulation 8 may be investigated and handled in
<BR>accordance with Regulation 17 (Disciplinary and Judicial Matters).
<BR>However, a breach of the eligibility Regulations constitutes a strict liability
<BR>offence. This means that a failure by a Union to fulfill its obligations and
<BR>to comply with the eligibility Regulations will be regarded as a serious
<BR>breach of the Regulations, howsoever such breach may have occurred.
<BR>As a reflection of the seriousness with which any breach of the eligibility
<BR>Regulations will be treated by the IRB, it has been agreed by Council to
<BR>establish a minimum fixed penalty to be imposed on a Union that has
<BR>breached Regulation 8. These minimum fixed penalties will appear in
<BR>Regulation 8 and, for ease of reference, are also set out below.
<BR>Responsibility, breach and penalties for a breach of Regulation 8
<BR>8.5 Regulation 8 is a strict liability offence and shall be construed in
<BR>accordance with the principles of strict liability under English law. It is not,
<BR>therefore, necessary that fault or intent on the part of a Union be shown
<BR>in order for a breach of Regulation 8 to be established. Nor is lack of fault
<BR>or intent on the part of a Union a defence to a breach of Regulation 8. For
<BR>the avoidance of any doubt (and without limiting a Union’s other
<BR>obligations and responsibilities for the conduct, acts or omissions of its
<BR>members and Persons under its jurisdiction pursuant to any other
<BR>Regulation) Unions are responsible and accountable for the conduct of
<BR>their Players and all Persons under its jurisdiction in relation to compliance
<BR>with the provisions of Regulation 8 and any breach of Regulation 8 by
<BR>such Player(s) or Person(s) shall be deemed to be a breach of Regulation
<BR>8 by the Union concerned. Each breach of Regulation 8 by a Union,
<BR>howsoever arising, will result in a minimum fixed fine being imposed on
<BR>the Union concerned. The minimum fixed fines for each breach of
<BR>Regulation 8 are as follows:
<BR>a) For a Union that is represented on the Council £100,000 sterling;
<BR>b) For all other IRB Member Unions £25,000 sterling.
<BR>Based on the facts and circumstances of any breach of Regulation 8
<BR>the applicable minimum fixed fine as set out above may be increased.
<BR>In addition, other penalties as set out in Regulation 17.6 may also be
<BR>imposed on the Union concerned.
<BR>
<BR>SCHEDULE 1
<BR>REGULATION 8
<BR>EXPLANATORY NOTE
<BR>As from 1 January 2000 a player is only entitled to play Rugby Union for the Senior
<BR>National Representative Team or the next Senior National Representative Team of one
<BR>Union. This means that if- a player is deemed to have played for the Senior National
<BR>Representative Team or the next Senior National Representative Team of a Union that
<BR>player will be unable to play for any other Union. This is the position even- if that player
<BR>is able to satisfy one or more of the eligibility criteria set out in Regulation 8.1. It is
<BR>important that players and Unions understand the situations in which players will be
<BR>deemed to have played for the Senior National Representative Team or the next Senior
<BR>National Representative Team of a Union. These situations are set out in Regulation
<BR>8.3.
<BR>Regulation 8.3 is based on a “selection and participation” test for players who have
<BR>reached the age of majority [18 or over]. Players and Unions must familiarise
<BR>themselves with Regulation 8.3. Players should be made aware by Unions of what
<BR>constitutes that Union\'s Senior National Representative Team, its next Senior National
<BR>Representative Team, its Senior Touring Squad and its next Senior Touring Squad and
<BR>the Matches that will result in a player being committed to that Unions. The following
<BR>situations are covered by Regulation 8.3.
<BR>1. Players who participate in International Matches for the Senior National
<BR>Representative Team or the next Senior National Representative Team of a
<BR>Union against the Senior or next Senior National Representative Team of
<BR>another Union.
<BR>2. Players selected to represent a Union\'s Senior Touring Squad who
<BR>participate in any Match played by members of that Union\'s Senior Touring
<BR>Squad during an International Tour provided such International Tour
<BR>includes an International Match(es) approved by the IRB.
<BR>3. Players who participate in a Match for the Senior or next Senior National
<BR>Representative Team of a Union against a team made up of players from a
<BR>Union\'s Senior Touring Squad during an International Tour which includes
<BR>International Match(es) approved by the IRB.
<BR>4. Players, representing a Union\'s next Senior Touring Squad who participate
<BR>in a Match on an International Tour approved by the IRB against the Senior
<BR>National Representative Team or the next Senior National Representative
<BR>Team of another Union.
<BR>5. Players who play for the Senior or next Senior National Representative
<BR>Team of a Union against a team selected from a Union\'s next Senior
<BR>Touring Squad when such Match is played on an International Tour
<BR>approved by the IRB.
<BR>
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![:-]](./images/smilies/icon_mrgreen.gif "Mr. Green"){kind=icon}
