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World Rugby Handbook

EXPLANATORY GUIDELINES REGULATION 8 21. What are the consequences of a breach of the eligibility Regulations? 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 18 (Disciplinary and Judicial Matters). 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 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 17.6 may also be imposed on the Union concerned. Last update: 14 January, 2015 146


World Rugby Handbook
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