10. How will the eligibility criteria be 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. Moving forward, 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 that the Player wishes to represent. It is anticipated that over time a body of rulings by the Regulations Committee may develop which may, in turn, assist in providing further guidance to Unions in relation to eligibility matters.
11. 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.
