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World Rugby Handbook

REGULATION 21 to rectify that Filing Failure by the deadline specified in that notice; and (b) A Missed Test will be deemed to have occurred on the date that the Sample collection was unsuccessfully attempted. 21.5.6.18 Filing Failure Pre-Conditions A Player may only be declared to have committed a Filing Failure where World Rugby, the Union or NADO following the results management procedure set out in Regulation 21.5.6.26, can establish each of the following: (a) That the Player was duly notified via his Union (i) that he was designated for inclusion in a Registered Testing Pool or Testing Pool, (ii) of the consequent requirement to make and update accurate Whereabouts Filings, and (iii) of the consequences of any failure to comply with that requirement; (b) That the Player failed to comply with any or all of the requirements to make and update accurate Whereabouts Filings by the applicable deadline or at any time during the quarter if the circumstances and/or location(s) in relation to his whereabouts changed; (c) That in the case of a second or third Filing Failure in the same quarter, the Player was given notice of the previous Filing Failure via his Union in accordance with Regulation 21.5.6.26 and failed to rectify that Filing Failure by the deadline specified in that notice; and (d) That the Player’s failure to comply was at least negligent. For these purposes, the Player will be presumed to have committed the failure negligently upon proof that he was notified of the requirement yet failed to comply with it. That presumption may only be rebutted by the Player establishing that no negligent behaviour on his part caused or contributed to the failure. 21.5.6.19 Third Party Provision of Whereabouts Filings (a) A Player in a Registered Testing Pool or Testing Pool may choose to delegate the making of some or all of his Whereabouts Filings required under Regulation 21.5.6.9 to 21.5.6.12 (and/or any updates to his Whereabouts Filings required under Regulation 21.5.6.22) to a third party such as his Union or his Team management or Club provided that the third party agrees to such delegation. This may include periods of Team Activity but also in respect of periods where the Player is not with the Team, provided the Team management or Union agrees. Without prejudice to Regulations 21.7.12 to 21.7.14 and 21.23, the Union shall be responsible for the collection of such information from the Player, the Player’s Club and/or Team prior to it being forwarded to World Rugby or its nominee save where ADAMS is applicable. Last update: 14 January, 2015 339


World Rugby Handbook
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