Saturday 1 January, 2022

REGULATION 8. ELIGIBILITY TO PLAY FOR NATIONAL REPRESENTATIVE TEAMS

Subject to Regulation 8.2, a Player may only play for the senior fifteen-a-side National Representative Team, the next senior fifteen-a-side National Representative Team and the senior National Representative Sevens Team of the Union of the country with which the Player has a genuine, close, credible and established national link.

REGULATION 8. ELIGIBILITY TO PLAY FOR NATIONAL REPRESENTATIVE TEAMS

8.1 Subject to Regulation 8.2, a Player may only play for the senior fifteen-a-side National Representative Team, the next senior fifteen-a-side National Representative Team and the senior National Representative Sevens Team of the Union of the country with which the Player has a genuine, close, credible and established national link in which:

(a) the Player was born; or

(b) one parent or grandparent was born; or

(c) the Player has been registered exclusively with a Union or Rugby Body in the country for sixty months immediately preceding the time of playing; or

(d) the Player has completed ten years of cumulative Residence preceding the time of playing.

8.2 Subject to Regulations 8.6 and 8.7, a Player who has played for:

(a) the senior fifteen-a-side National Representative Team of a Union; or

(b) the next senior fifteen-a-side National Representative Team of a Union; or

is not eligible to play for the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team or the senior National Representative Sevens Team of another Union.

8.3 For the purposes of this Regulation, a Player is deemed to have played for the senior fifteen- a-side National Representative Team or the next senior fifteen-a-side National Representative Team of a Union as set out in Figure 1 of Explanatory Guideline 3.

8.4 For the purposes of this Regulation, a Player is deemed to have played for the Senior National Representative Sevens Team of a Union if the Player is:

(a) selected to represent a Union’s senior National Representative Sevens Team in an International Match against the senior National Representative Sevens Team of another Union and is present at the Match played by that Team either as a replacement, substitute or playing member of that Team, and the Player has, on or before the date of the Match, reached the age of majority; or

(b) selected to represent a Union’s National Representative Sevens Team in the Olympic Games or the Rugby World Cup Sevens and is present at such tournament either as a replacement, substitute or playing member of that Team having reached the age of majority on or before the date of participation in such tournament.

8.5 Responsibility, breach and penalties for a breach of Regulation 8

8.5.1 Unions

Regulation 8 is a strict liability offence and shall be construed in accordance with the principles of strict liability under English law. It is not, therefore, necessary that fault or intent on the part of a Union be shown in order for a breach of Regulation 8 to be established. Nor is lack of fault or intent on the part of a Union a defence to a breach of Regulation 8. For the avoidance of any doubt (and without limiting a Union’s other obligations and responsibilities for the conduct, acts or omissions of its members and Persons under its jurisdiction pursuant to any other Regulation) Unions are responsible and accountable for the conduct of their Players and all Persons under its jurisdiction in relation to compliance with the provisions of Regulation 8 and any breach of Regulation 8 by such Player(s) or Person(s) shall be deemed to be a breach of Regulation 8 by the Union concerned. Each breach of Regulation 8 by a Union, howsoever arising, will result in a minimum fixed fine being imposed on the Union concerned. The minimum fixed fines for each breach of Regulation 8 are as follows:

(a) For a Union that is represented on the Council £100,000 sterling;

(b) For all other World Rugby Member Unions £25,000 sterling.

Based on the facts and circumstances of any breach of Regulation 8 the applicable minimum fixed fine as set out above may be increased. In addition, other penalties as set out in Regulation 19.4 may also be imposed on the Union concerned.

8.5.2 In exceptional circumstances, a Union in breach of Regulation 8 may make submissions to the relevant disciplinary body appointed under Regulation 19 to adjudicate on the case as to why the Union should not be subject to the applicable minimum fixed fine. For the avoidance of any doubt, however, the relevant disciplinary body shall only be entitled to reduce the applicable minimum fixed fine set out in this Regulation where the Union is able to provide clear and indisputable evidence that truly exceptional circumstances exist and that the Union concerned had taken all necessary steps to comply with Regulation 8.

Players

8.5.3 Notwithstanding Regulations 8.5.1 and 8.5.2 above and without prejudice to any sanction imposed on a Union, Players may also be subject to sanction in accordance with Regulation 19 where they breach Regulation 8 in circumstances where they knew or ought reasonably to have known they were not eligible to play for the relevant Union at the time of participation.

Other Unions

8.5.4 All Unions are obliged to retain accurate and complete Regulation 8 records listing, as a minimum, all Players who have been captured by the Union under Regulation 8 and the date of the relevant Match. Any Union which is requested by another Union, Association or World Rugby to provide clarification in relation to the potential application of Regulation 8.2 to a Player shall conduct reasonable enquiries in relation to the Player within ten business days of the request, save in exceptional circumstances. Promptly upon the conclusion of those enquiries, the Union shall provide to the other Union, Association or World Rugby, as applicable, all information available to the Union upon reasonable enquiry which relates to the application of Regulation 8.2 to the Player. Any Union which: (a) fails to retain a list of captured Players and/or make reasonable enquiries and/or respond to a request within the time period; and/or (b) provides information (without clarification) which it knew or ought reasonably to have known was incorrect, unreliable or incomplete; may be subject to sanction.

Birthright Transfer

8.6 A Player who has represented one Union (as set out in Regulation 8.2 to 8.4) may apply to represent a new Union provided that:

(i) the Player meets the eligibility criteria set out in Regulation 8.1(a) or 8.1(b) in relation to the new Union; and

(ii) at least three years have passed since the Player last represented their former Union; and

(iii) the approval of World Rugby is obtained.

8.7 Olympic Transfer

8.7.1 Where a Player who has represented a National Representative Team of a Union wishes to represent an Olympic Sevens Team associated with a different Union in an Olympic Event, the Player may apply to represent the new Olympic Sevens Team provided the Player has, in addition to meeting the requirements of Regulation 8.6;

(i) met the additional Olympic Eligibility requirements set out in Regulation 8.9;

(ii) obtained the approval of the International Olympic Committee and the relevant National Olympic Committee(s), and

(iii) represents the new Olympic Sevens Team in the next available Olympic Sevens Event

8.7.2 Only in respect of transfers to represent Olympic Teams, the standdown period of 36 months may be reduced or even cancelled with the agreement of the World Rugby and the National Olympic Committees concerned and by the IOC Executive Board, which takes into account the circumstances of each case but noting that a Player may not represent two different Unions or a Union and an Olympic Sevens Team(s) of a National Olympic Committee in the same Olympic Event(s).

8.7.3 A Player who is approved to represent the new Olympic Sevens team who wishes to represent the National Senior Representative Team of that same Union must seek the approval of the Chairman of the Regulations Committee.

Limitation on Transfers

8.8 A Player may only transfer pursuant to Regulation 8.6 or 8.7 once so that no Player may represent more than two Unions in their lifetime.

Additional eligibility criteria in relation to Olympic Events

8.9 In addition to complying with the criteria set out in Regulation 8.1 to 8.4 above (which applies equally to all Players), to be eligible to participate in the Olympic Games and/or as part of a potential qualifying team or a pre-qualified team of the host nation of the Olympic Games in Olympic qualification events (together “Olympic Events”) or other events governed by the Olympic Charter all members of the senior National Representative Sevens Team(s) of a Union or the selected Olympic Sevens Team(s) of a National Olympic Committee must be a national of the country of the National Olympic Committee which it is representing in such Olympic Events. For the avoidance of doubt, these Regulations 8.9 to 8.14 do not apply to National Representative Sevens Teams and Olympic Sevens Teams which are participating in an Olympic qualification event but are not able to qualify through that event and/or have already qualified for the Olympic Games via a previous sevens series (save in the case of a pre-qualified team of the host nation of the Olympic Games).

8.10 A Player who is eligible or captured for a Union that cannot participate in an Olympic Event because there is no National Olympic Committee solely for the territory of such Union, may, subject to the Olympic eligibility criteria (in Regulations 8.9 to 8.11), be eligible to play for the Olympic Sevens Team of a National Olympic Committee of which the Player is a national, provided that such team is not associated with any one single Union. In such circumstances the following provisions shall apply:

8.10.1 Where the Player has been captured under Regulation 8.2 for a Union the Player shall remain captured for such Union notwithstanding the Player’s representation for the Olympic Sevens Team of a National Olympic Committee in an Olympic Event;

8.10.2 Where the Player has not previously been captured under Regulation 8.2 and they represent the Olympic Sevens Team of a National Olympic Committee in an Olympic Event, they will be deemed to be captured for one of the underlying Unions which support the Olympic Sevens Team of the relevant National Olympic Committee, and the Player must elect which of those underlying Unions they shall be captured by for the purposes of Regulation 8.

8.11 A Player may not represent two different Unions or a Union and an Olympic Sevens Team(s) of a National Olympic Committee in the same Olympic Event(s).

8.12 Players who participate in the Olympic Events accept and agree that any disputes relating to eligibility shall first be addressed pursuant to the rules of such Olympic Events and the World Rugby Regulations and that all internal procedures (including applicable National Olympic Committee rules/procedures) and/or World Rugby procedures shall be exhausted first. Thereafter, recourse may be had in respect of Olympic Events only (and not in relation to eligibility matters to which Regulations 8.9 to 8.14 do not apply) to the Court of Arbitration for Sport (CAS) in accordance with the provision applicable before such court and which will resolve definitively the dispute in accordance with the code of sports related arbitration. World Rugby has the right to appear, attend and/or participate as a party in any appeal to CAS involving eligibility considerations for Olympic Events.

8.13 Any Union wishing to obtain clarification around the eligibility of a Player to represent it in the Olympic Games or Olympic Events may do so by referring the matter to the World Rugby Regulations Committee in accordance with Regulation 2. The list of Olympic Events is set out in Schedule 2 and shall be updated for each Olympic cycle.

8.14 The provisions of Regulation 8.5 apply equally to any alleged breach of the Olympic eligibility provisions.

Age and Gender

8.15 World Rugby’s policies and guidelines in relation to eligibility requirements in respect of age and gender are available here.

EXPLANATORY GUIDELINES ON THE IMPLEMENTATION OF REGULATION 8

ELIGIBILITY TO PLAY FOR NATIONAL REPRESENTATIVE TEAMS

The Regulations Committee has produced these Explanatory Guidelines for the implementation and interpretation of Regulation 8.

These Explanatory Guidelines must be read in conjunction with the terms of Regulation 8. In the event of any inconsistency between these Guidelines and Regulation 8, the provisions of Regulation 8 will prevail.

These Guidelines may be updated by the Regulations Committee from time to time.

1. What is the Rationale/Philosophy of Regulation 8?

The rationale/philosophy of Regulation 8 is to ensure that Players selected to represent either the senior and next senior fifteen-a-side National Representative Teams of a Union, or a Union’s senior National Representative Sevens Team have a genuine, close, credible and established national link with the country of the Union for which they have been selected. Such national link is essential to maintain the unique characteristics and culture of elite international sporting competition between Unions. The integrity of International Matches between Unions depends upon strict adherence to the eligibility criteria set out in the Regulations.

2. How is any ambiguity regarding eligibility assessed?

Ordinarily, the task of assessing whether a Player satisfies any of the eligibility criteria set out in Regulation 8.1 is straightforward. However, as a result of professionalism, greater mobility and societal family change, this is not always the case. Difficult cases have arisen and may continue to emerge. The responses to the questions set out below are intended to provide further clarification as to how each eligibility criterion in Regulation 8.1 will be applied.

The questions and answers should be regarded as guidelines. They have been prepared on the basis of operational experience to date. It is not possible to anticipate all scenarios that may arise and a degree of flexibility in the application of the Regulations will be maintained.

In the event that there is any uncertainty or the need for clarification in relation to the application of the eligibility criteria in particular circumstances, then the Regulations Committee may be asked by World Rugby to make a ruling on a Player’s eligibility. In relation to any such adjudication, the Regulations Committee will always have in mind the rationale behind Regulation 8. The aim of the Regulations Committee in each case where clarification may be required, is to establish whether, in all the circumstances, a Player has, by reference to the eligibility criteria in Regulation 8.1, been able to demonstrate a genuine, close and credible national link with the country of the Union that the Player wishes to represent. It is anticipated that over time a body of rulings by the Regulations Committee will continue to develop which will assist in providing further guidance to Unions in relation to eligibility matters.

Applications for a ruling should be submitted to the World Rugby Regulations Committee accompanied by all relevant supporting documents by the Union to which the Player wishes to transfer. The Player’s Union may make written submissions to the World Rugby Regulations Committee or may be invited to do so. The application must be complete, and the Player must have complied with all criteria as at the date of the consideration of their case by the Regulations Committee. The Committee cannot issue rulings subject to future compliance or on a speculative basis.

3. When is a Player deemed to have played for the senior or next senior fifteen-a- side National Representative Team of a Union or a Union’s senior National Representative Sevens Team?

It is essential that Players and Unions understand the situations in which Players will be deemed to have played for the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team of a Union or a Union’s senior National Representative Sevens Team. These situations are set out at Figure 1. Players and Unions shall, at all times, have regard to the full terms of Regulations 8.3 and 8.4.

Figure.1

This table sets out the capturing status of players.

• The column in blue is the team for which the player is selected (pursuant to Regulation 8.3)
• The row in white at the top sets out the opposition team type.
• Where a column and row intersect, the type of match listed is the type of match which will capture the player.

Example 1: Player 1 plays for the Senior Touring Squad in a match against the Next Senior National Team (“NSNRT”) of Union B. Team A in this case is the Senior Touring Squad and Team B is the NSNRT. The intersection point reads: “Any match on international tour”. Therefore, if the Player plays for the Senior Touring Squad in any match against the NSNRT of Team B, then the player would be captured.

Example 2: Player 2 plays for the Senior National Representative Team against the Under 20s team of Union B. In this case, Team A is the Senior National Representative Team and Team B is neither the National Representative Team, Touring Squad or the NSNRT or Next Senior Touring Squad. Therefore, Team B is “Other Team”. The intersection point in this case reads “No Player Captured”. Therefore, a Player has not been captured in that match.

For the avoidance of doubt, a Player is deemed to be selected for a team when they are present at the Match played by that team either as a replacement, substitute or a playing member of that team (i.e selected for the match day 23) and has, at the time of the relevant Match, reached the age of majority.

4. How do I know which team is a Union’s next senior fifteen-a-side National Representative Team?

(a) There should be no uncertainty over which team constitutes a Union’s next senior National Representative Team. Unions are required to notify World Rugby of the name of their nominated next senior National Representative Team. The team nominated remains the Union’s next senior National Representative Team unless the Union notifies World Rugby of a change in this nomination. A Union is entitled to notify World Rugby no more than once per calendar year of a change to its next senior National Representative Team provided that in doing so it shall take account of any Matches such team may be scheduled to play and shall advise the Union of any senior or next senior National Representative Team it is scheduled to play reasonably in advance of such Match. The identity of a Union’s next senior National Representative Team can be verified with the Union concerned and/or World Rugby.

(b) Unions must ensure that all persons involved in an International Match (Players and team management including coaching staff) are made aware of the status of their team as the next senior National Representative Team and that of their opposing team where it is the senior or next senior National Representative Team of another Union, and what that means from a capturing perspective under Regulation 8. Notwithstanding the Union’s obligation to inform the Player and team management, it shall be the sole responsibility of each Player to ensure that they are aware of the status of every Match in which they play and the implications of playing in an International Match involving the senior or next senior National Representative Teams of two Unions.

(c) With effect from January 1, 2018, Unions may not designate their Under 20s National Representative Team as their next senior National Representative Team. If a player has played for a Union’s U20s team prior to January 1 2018, guidance should be sought from World Rugby.

5. What is the age of majority?

For the purposes of the Regulations (including, but not limited to Regulation 8), the age of majority is deemed to be acquired on a Player’s 18th birthday.

6. When should any uncertainty over a Player’s eligibility be clarified?

It is essential that eligibility issues are clarified before a Player represents the senior or next senior fifteen-a-side National Representative Team of a Union or a Union’s senior National Representative Sevens Team. This is particularly important in light of the consequences of a Player being "captured" by a Union. Accordingly, if a Union has any doubt over a Player’s eligibility status it must take all steps necessary to clarify the position before selecting the Player to play for its senior or next senior fifteen-a-side National Representative Team or its senior National Representative Sevens Team.

7. What does place of birth mean?

This should be the most straightforward criterion to apply. A Player’s place of birth shall be the country within whose geographical borders they were born. However, difficult scenarios can arise even in relation to this criterion. For example, where a territorial dispute exists, where a Player was born in a military hospital, or similar complex scenarios. In such circumstances the matter should be referred to the Regulations Committee for a ruling. The Regulations Committee will establish the legal position together with other relevant facts and circumstances. In exceptional circumstances, it may be possible for a Player to demonstrate, to the satisfaction of the Regulations Committee, that they are eligible to play for the Union within whose sovereign territory they were born, even though that sovereign territory may be within the geographical borders of another country.

8. What does Parent mean?

The term “parent” in the Regulations is limited to either a blood parent or a parent that has formally adopted a Player in accordance with the applicable legal requirements of the country concerned. Unless a Player has been adopted in accordance with the formal, legal requirements of the country concerned, the application of this criterion will be based on a Player’s blood parent. When a Player has been formally adopted in accordance with the applicable legal requirements of the country concerned, the birth place of the Player’s blood parent will no longer be relevant for the purposes of establishing the Player’s eligibility pursuant to Regulation 8.1(b). The relevant parent will be the parent that has formally and legally adopted the Player. In such circumstances, the relevant grandparents for the purposes of establishing a Player’s eligibility pursuant to Regulation 8.1(b) will be the Player’s adoptive rather than blood grandparents. It is not possible under Regulation 8.1(b) to assume eligibility via blood grandparents if a Player has been formally and legally adopted. In the event that one of the Player’s blood parents has been adopted, the relevant grandparents for the purpose of establishing that Player’s eligibility pursuant to Regulation 8.1(b) will be the Player’s blood parent’s adoptive parents.

For the avoidance of any doubt, stepparents and fostering parents will not be considered to constitute a Player’s parent for the purposes of Regulation 8.1(b).

9. How is the criteria at 8.1(c) satisfied?

Regulation 8.1(c) requires a Player to be registered with a Club, Union or Rugby Body for a period of 60 consecutive months immediately preceding the time of playing. There is no requirement for a Player to be remunerated for their participation with the Club, Union or Rugby Body but the player must be registered with that Club, Union or Rugby Body in order to establish eligibility pursuant to Regulation 8.1(c).

Breaks in registration will be dealt with as follows:

• Registration will be automatically broken if the Player registers with, or represents, a Club, Union or Rugby Body in another Union.
• Short administrative gaps in continuous registration may arise, e.g., where a Player transfers between clubs within the same Union or where a registration system automatically terminates registration at the end of a season prior to re-registration at the start of the following season. These types of administrative gaps do not break the Player’s registration. The key element is whether or not the Player has registered with any other Club, Union or Rugby Body. Should any uncertainty exist, a ruling should be sought from the Regulations Committee prior to the selection of the Player to represent the Union.

10. What is a Rugby Body

In accordance with Regulation 1, a Rugby Body means a provincial union, district, state, group of Clubs, Tournament Organiser, or similar organisations, recognised by and/or affiliated directly or indirectly to a Union.

11. What evidence of registration is required?

Evidence of registration shall at a minimum comprise the following documentation:

1. Evidence of registration with the Rugby Body, this can include entry of the Player’s registration on a database, portal, or similar system;

2. Declaration of Player Eligibility, a template of which appears at Appendix 1

It shall be the responsibility of the Union to determine the appropriate registration system for monitoring the registration of Players. This system may be a direct registration system maintained by the Union or a devolved system delegated to another regional or local body.

12. What if a player has not been registered with a Rugby Body but has been resident in the country for a period of 60 months?

In circumstances where a Player has been resident in a country, but not registered with a Union, Club, or Rugby Body an application must be made to the Regulations Committee and will be decided on a case-by-case basis.

13. How is the Residence criteria at 8.1(d) satisfied?

Regulation 8(d) requires a Player to complete 10 years of cumulative physical presence preceding the time of playing. In essence, Regulation 8.1(d) constitutes a sporting naturalization procedure, based on a geographical/presence test. By being physically present for 10 cumulative years over the course of the Player’s lifetime, a Player is deemed to acquire a credible, close and established national link with a country or Union that entitles them to participate in sporting competitions for that Union. Based on the overriding rationale of the eligibility Regulations, in cases where a Player’s eligibility is uncertain the Regulations Committee will consider that Player’s eligibility by reference to the particular facts and circumstances of their case to establish if the presence test has been satisfied.

14. Whose burden of proof?

In all cases where a Player is seeking to establish eligibility by reference to the criteria in Regulation 8.1(c) or Regulation 8.1(d) (and, indeed, in relation to Regulation 8.1(a) and Regulation 8.1(b)), the burden of proof is on the Player and the Union that the Player wishes to represent to prove that Player’s eligibility. Under Regulation 8.1(c) the Player and their Union must be able to demonstrate their registration with a Rugby Body. Under Regulation 8.1(d), the Player and their Union must be able to demonstrate that, during the relevant period, the country in which the Player claims they have been present was, genuinely the country in which the Player has spent their time.

15. Does the 60 month period of registration with a Rugby Body, set out in Regulation 8.1(c) have to immediately precede playing for a Union?

Save in exceptional circumstances, the 60 months period of registration will be expected to have been completed consecutively and be achieved immediately before the Player represents a Union. This is designed to create a contemporary national link with the country of the Union concerned. Each case will be assessed on its overall merits to establish if a Player is able to demonstrate a genuine, close, credible and established national link.

16. How are minors treated?

For minors, the application of when the 60-month period of registration with a rugby body begins will be determined by a Regulations Committee. The Regulations Committee will make a decision based solely on each set of facts presented to it. In each case, the Committee will look at the totality of evidence of the family situation and the minor player’s commitment to a particular union.

For the purpose of Regulation 8.1(d), Players who have established themselves in a country through living there for periods during their lifetime may be deemed to acquire a credible, close and established national link with a country or Union that entitles them to participate in sporting competitions for that Union. The Player may add together the periods, from their date of birth in order to calculate the 10 years of cumulative presence.

17. Who is responsible for compliance with the eligibility criteria?

In accordance with Regulation 2.1.2, each Union is responsible for ensuring compliance with all Regulations Relating to the Game This includes, but is obviously not limited to, Regulation 8. Accordingly, it is the responsibility of each Union to ensure that all Players it selects are properly eligible within the provisions of Regulation 8 and, in the event of any uncertainty, to ensure that the position is clarified before the Player is selected. Unions must have in place all necessary procedures and internal controls to ensure compliance with the eligibility Regulations. In signing the standard form declaration attached to these Explanatory Guidelines at Schedule 1, Players share responsibility with the Union for ensuring that they comply with the terms of Regulation 8 prior to representing a Union.

18. What must Unions do to ensure (and demonstrate) compliance with the eligibility Regulations?

Unions must ensure that before a Player is selected for the first time for its senior or next senior fifteen-a-side National Representative Team or its senior National Representative Sevens Team the Player completes the standard form declaration attached to these Explanatory Guidelines at Schedule 1. In addition, before selecting a Player, Unions must ensure that they obtain valid/authentic documentation and such other evidence that may be necessary to prove, definitively, a Player’s eligibility to play for that Union. Each Union must, on an annual basis, notify World Rugby of the names of all Players selected for its senior and next senior National Representative Team, and Players selected for its senior National Representative Sevens Team or who have participated in the National Representative Sevens Team of a Union in the Olympic Games or Rugby World Cup Sevens. World Rugby shall maintain a database of all such Players. If requested, by the Chairman, or his designee, Unions must supply copies of the completed declaration forms of a Player(s) together with supporting documentation relied on to demonstrate the Player’s eligibility. On 1 December each year, each Union must certify to World Rugby that each Player selected to represent the senior or next senior fifteen-a-side National Representative Team of the Union or its National Representative Sevens Team during the past year has completed, in full, the declaration form and that each Player was eligible to represent the Union in accordance with the provisions of Regulation 8.

World Rugby may, through the Chairman or his designee, of his own motion or on receipt of a complaint, undertake an investigation into a Union’s compliance with Regulation 8. Unions, Players and officials must provide assistance with any such investigation and disclose such information and documents deemed necessary by the Chairman, or his designee, for the purposes of that investigation.

19. What are the consequences of a breach of the eligibility Regulations by a Union?

Compliance with Regulation 8 is of fundamental importance in maintaining the integrity of international Rugby Union at senior National Representative level. Any breach of such a fundamental Regulation, howsoever arising, has a detrimental impact on the image and reputation of the sport. Unions must, therefore take all necessary steps to put in place comprehensive review/compliance procedures to ensure that a breach of the eligibility provision does not occur whether negligently or otherwise. Alleged breaches of Regulation 8 may be investigated and handled in accordance with Regulation 19 (Breach of the Bye-Laws or Regulations). However, a breach of the eligibility Regulations constitutes a strict liability offence. This means that a failure by a Union to fulfill its obligations and to comply with the eligibility Regulations will be regarded as a serious breach of the Regulations, howsoever such breach may have occurred. As a reflection of the seriousness with which any breach of the eligibility Regulations will be treated by World Rugby, it has been agreed by Council to establish a minimum fixed penalty to be imposed on a Union that has breached Regulation 8. These minimum fixed penalties will appear in Regulation 8 and, for ease of reference, are also set out below.

8.5 Responsibility, breach and penalties for a breach of Regulation 8

8.5.1 Unions

(a) For a Union that is represented on the Council £100,000 sterling;

(b) For all other World Rugby Member Unions £25,000 sterling.

20. What must Players do to ensure (and demonstrate) compliance with the eligibility Regulations?

Players are required to act honestly in matters relating to their eligibility to represent a particular Union. This would include, without limitation, fully disclosing to the Union (and World Rugby upon request) any matters relevant to the Player’s eligibility and providing all reasonable assistance to the Union (and World Rugby upon request) in order to establish the Player’s eligibility at the first available opportunity.

21. What are the consequences of a breach of the eligibility Regulations by a Player?

A Player who knowingly (and/or with reasonable enquiry ought to have known) represents a Union where not eligible to do so commits a breach of Regulation 8. Alleged breaches of Regulation 8 will be investigated and handled in accordance with Regulation 19 (Breach of the Bye-Laws or Regulations). Judicial Officers and Judicial Committees may impose sanctions pursuant to their powers taking into consideration, without limitation, the circumstances of the breach including the number of breaches and the level of any deception. This may result in a Player being reprimanded, fined, suspended and/or such other sanction the Judicial Officer or Judicial Committee thinks fit, in accordance with Regulation 19.4.

22. For the Player to be liable for a breach must the Union also have been found liable?

Yes, there must also be a finding that the Union concerned has played an ineligible Player. However, such finding would not be affected in circumstances where there was any reduction or suspension of the ordinarily applicable sanction.

EXPLANATORY GUIDELINES ON THE IMPLEMENTATION OF REGULATION 8 - OLYMPIC ELIGIBILITY

Since the re-introduction of Rugby Sevens into the Olympic Games in 2016 there are certain rules which participants must adhere to for eligibility purposes. The Olympic Eligibility Regulations (8.9 to 8.14) were introduced to accommodate the Olympic Charter Rules which rely on nationality as a sole eligibility criterion. To assist in the implementation of these Regulations, the following Guidelines have been developed to address the specifics around Olympic Sevens eligibility where the eligibility requirements include an additional nationality requirement. The two sets of rules have been combined to achieve harmony between the objectives and underlying philosophy of Regulation 8 and the requirements of the Olympic Charter in the context of participation in Olympic Events. These Explanatory Guidelines must be read in conjunction with the terms of Regulation 8 and the Guidelines thereto.

1. Who is eligible to play Olympic Sevens?

Any Player who meets the eligibility criteria in 8.1 (or for Players who are transferring from one Union to another, 8.6 or 8.7) and holds the nationality of the Union or country they wish to represent in the Olympic Games or Olympic Qualification process (known as the “Olympic Events”). The eligibility rules in the Olympic Charter together with the World Rugby eligibility rules must be complied with by Players who participate in Olympic Events.

2. Must a Player have the passport of the Union or country the Player represents in Olympic Sevens?

The nationality of the Union or country the Player wishes to represent in Olympic Sevens is a requirement under the Olympic Charter and is therefore necessary for participation in Olympic Events. Nationality is ordinarily demonstrated by the Player holding the passport of the Union or country they wish to represent. All matters relating to the determination of the country which a Player may represent in the Olympic Games shall ultimately be resolved by the IOC Executive Board.

3. Who will decide on Olympic Sevens eligibility?

Ordinarily, the assessment of whether a Player satisfies the eligibility criteria in Regulation 8.1 and 8.7 will be straightforward. However, in all cases where a Player who has been captured under Regulation 8.2 and who holds the nationality of another Union or country and wishes to participate in an Olympic Event(s) for the Union or country of which the Player is a national, the Player must, pursuant to Regulations 8.6 and 8.7, apply to World Rugby to represent the National Representative Sevens Team of that Union (or the Olympic Sevens Team of an National Olympic Committee), and the case shall be determined in the first place by the World Rugby Regulations Committee. In the event there are other cases of uncertainty or there is the need for clarification a referral may be made to the World Rugby Regulations Committee.

4. What is required to be submitted to the Regulations Committee?

Applications should be submitted to World Rugby accompanied by all relevant supporting documents by the Union (or in applicable cases where there is no Union, the National Olympic Committee (“NOC”)) of the country the Player wishes to represent in an Olympic Event. The application shall be pre-notified to the Player’s Union (namely the Union whose National Representative Team the Player has previously represented). The Player’s Union may make written submissions to the World Rugby Regulations Committee or may be invited to do so. The application must be complete and the Player must have complied with all criteria as at the date of the consideration of the Player’s case by the Regulations Committee. The Committee cannot issue rulings subject to future compliance or on a speculative basis.

5. Can a Player with dual nationality, or having World Rugby eligibility for one Union but the nationality of another, represent both Unions or countries in the same Olympic qualification process?

No. A Player may only represent one Union or country in the same Olympic qualification process. For example, if a Player played for a Union in the Sevens World Series in the year it was designated as an Olympic Event the Player could not later in the same Sevens World Series play for another Union or country even in circumstances where the Player was deemed eligible by the Regulations Committee to play for the second Union or country of which the Player is a national.

6. Can a Player switch nationality?

Nationality is a matter which is governed by nation states. If a Player does switch nationality the effect of this upon their Olympic eligibility would need to be considered taking into account Regulation 8.7 to 8.14 and the Olympic Charter Rules regarding eligibility which can be found at www.olympic.org.

7. How will the Olympic eligibility criteria be assessed?

The Regulations Committee will assess all cases where a Player who has already been captured for a Union under Regulation 8.2 but wishes to subsequently play for another Union or country for which the Player holds nationality in an Olympic Event.

8. Is there any stand-down period?

Yes. The Player will be required to observe and demonstrate a stand down period of three (3) years between the time the Player last played for their Union and the time the Player first represents the second Union. Played, shall mean when the Player played for the senior, next senior or senior sevens National Representative Team of that Union for which the Player is captured. The principles of Regulation 8.3 apply in any assessment of this provision.

9. What does ‘first represents’ mean?

It means the first occasion when the Player represents the second Union in a Match, Tournament or Series of Matches. Training with the team of the second Union is permitted but the circumstances should not be such that it presents or implies to third parties that the Player is part of the National Representative Sevens Team or Olympic Sevens Team of the second Union or country.

10. How will the stand-down period be assessed?

The onus will be on the Player to demonstrate to the reasonable satisfaction of the Regulations Committee the last occasion upon which they played for their former Union and that they have not represented such Union in the three-year period before they represent their new Union or country.

11. Are these Olympic Guidelines to be read with the World Rugby Eligibility Guidelines?

Yes, both sets of Guidelines should be read together.

12. What is the position for Unions who do not have a single NOC to represent them?

There may be cases where a single NOC represents more than one Member Union. The British Olympic Association (Team GB) for example collectively represents the Rugby Football Union, the Scottish Rugby Union and the Welsh Rugby Union. In such case, Players from the underlying Unions would be eligible (where they comply with Regulation 8.1 and 8.9) to represent the Olympic Sevens Team of the NOC (if selected) in relevant Olympic Events.

13. If a Player plays for a combined team in an Olympic Event does it affect their eligibility in relation to World Rugby?

If a Player plays for a combined team of a country in an Olympic Event (e.g. Team GB) and they were previously not captured for a Union (under Regulation 8.2) then the Player will be deemed to be captured for one of the underlying Unions of the combined team of the country they represented. In such cases, the Player must nominate the specific Union that they are representing in advance of their first representation of the combined NOC. That Player is then “captured” by that Union and may not represent any other Union (save for in the case of a transfer pursuant to Regulation 8.6 or Regulation 8.7).

If a Player plays for a combined team of a country in an Olympic Event (e.g. Team GB where they are eligible for one of the underlying Unions) and they were previously captured for one of those Unions (under Regulation 8.2) then the Player remains captured for such Union and their participation in the combined team in the Olympic Event will not affect their status.

14. What is the position of invitational teams in Olympic Events, teams which have already qualified for the Olympic Games and pre-qualified teams representing the Host Nation?

Where (a) a Union’s team is invited to participate in part of a series of Olympic qualification tournaments but not the whole series and is not in practice able to qualify for the Olympic Games through that series or (b) a Union’s team has already qualified for the Olympic Games through one Olympic Event and participates in another Olympic Event (save for the Olympic Games themselves), Regulations 8.9 to 8.14 do not apply in respect of that Union nor is that Union entitled to rely upon the Right to Release in Regulation 9 for that Olympic Event.

The foregoing does not apply to a pre-qualified team representing the host nation of the Olympic Games to which Regulations 8.9 to 8.14 and the Right to Release in Regulation 9 do apply in each Olympic Event in which such team participates.

15. Is there a right of appeal from the decision of the World Rugby Regulations?

Yes. An Olympic Eligibility appeals committee has been established under Regulation 2 to deal with any appeals of decisions by the World Rugby Regulations Committee.

SCHEDULE 1. DECLARATION OF ELIGIBILITY OF A PLAYER TO PLAY FOR THE SENIOR FIFTEEN-A-SIDE NATIONAL REPRESENTATIVE TEAM, THE NEXT SENIOR FIFTEEN-A-SIDE NATIONAL REPRESENTATIVE TEAM OR THE SENIOR NATIONAL REPRESENTATIVE SEVENS TEAM OF A UNION

DECLARATION OF PLAYER

I, ....................................................... (Name) of .............................................................................................................. (Address)
confirm that, I have read and understand the criteria for eligibility set out in Regulation 8 of the World Rugby Regulations Relating to the Game (World Rugby Regulations) and I hereby declare that I am eligible to play for ....................................................... Union because:

Tick applicable box(es)

□ I was born in the country of the fifteen-a-side senior National Representative Team or the next senior fifteen-a-side National Representative Team, or the senior National Representative Sevens Team of the Union for which I intend to play; or

□ One of my parents or grandparents was born in the country of the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team or the senior National Representative Sevens Team of the Union for which I intend to play; or

□ I have been registered with a Club, Union or Rugby Body for sixty consecutive months immediately preceding the time of playing in the country of the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team or the senior National Representative Sevens Team of the Union for which I intend to play; or

□ I have been present for ten cumulative years preceding the time of playing in the country of the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team or the senior National Representative Sevens Team of the Union for which I intend to play

AND

□ I have not played for the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team or the senior National Representative Sevens Team of any other Union and I have not participated in the Olympic Games or Rugby World Cup Sevens as a member of the National Representative Sevens Team of any other Union.

□ I have played for the senior National Representative Team or the next senior National Representative Team of another Union but have completed the requisite stand-down period set out in Regulation 8.

I have attached to this declaration relevant documentation to prove my eligibility to play for the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team or the senior National Representative Sevens Team of ......................................................
Union and I understand and accept that if I am found to have played for the senior fifteen-a-side National Representative Team or next senior fifteen-a-side National Representative Team or the senior National Representative Sevens Team of a Union without satisfying the eligibility criteria set out in Regulation 8 of the World Rugby Regulations, and/or to have provided inaccurate information in this declaration then I and the Union concerned will be subject to sanctions.

Player’s signature: ......................................................

Date: ......................................................

DECLARATION OF UNION

I, ...................................................... (Name) the ...................................................... of ...................................................... (Position and Union)
hereby declare that the ...................................................... Union has made all such necessary enquiries in relation to the above Player’s eligibility to play for the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team or the senior Sevens National Representative Team of the Union. I further declare that the Union is satisfied that the information provided by the Player in their declaration is correct, that the documentation in support of the Player’s declaration is valid and that the Player is eligible to play for the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team or the senior National Representative Sevens Team of .............................................. Union. I understand and accept that if a Player plays for the senior fifteen-a-side National Representative Team or the next senior fifteen-a-side National Representative Team Union or the senior National Representative Sevens Team without satisfying the eligibility criteria set out in Regulation 8 of the World Rugby Regulations and/or the Union has provided inaccurate information in this declaration then the Union will be subject to the fixed penalty sanctions set out in Regulation 8.

Signed: ......................................................

Date: ......................................................

SCHEDULE 2. OLYMPIC EVENTS

1. The Olympic Games 2024 – Paris

2. The Men’s Olympic Events:
• World Rugby Sevens World Series 2022/2023
• Designated Regional Olympic Qualification Tournaments (ROQTs) for the following Regions:
- Africa
- Asia
- Europe
- North America
- Oceania
- South America
• World Olympic Final Qualification Tournament

3. The Women’s Olympic Events:
• World Rugby Women’s Sevens World Series 2022/2023
• Designated Regional Olympic Qualification Tournaments (ROQTs) for the following Regions:
- Africa
- Asia
- Europe
- North America
- Oceania
- South America
• World Olympic Final Qualification Tournament

8. Eligibility