How Worcester might escape 35-point reduction
Worcester Warriors are facing a 35 point Premiership sanction for entering administration but the Rugby Football Union could opt to waive any action by using a “no fault” clause that includes the impact of a pandemic.
The key wording in the RFU regulations states: “Upon an affected Club’s application the RFU may in its absolute discretion reduce or waive in its entirety any sanction…. where it is satisfied that the Insolvency Event would not have occurred but for an event or circumstance which was beyond the control and without the fault or negligence of the affected Club.”
However, to put themselves in line for help from the RFU, Worcester would have to prove they can still operate in administration which would require funds being put in by the current owners who have been silent throughout the growing crisis engulfing the club.
If, as feared by Worcester supporters, owners Colin Goldring and Jason Whittingham only put the club and stadium into administration and keep the surrounding land in another company, then raising any funds to save Warriors will be extremely difficult.
Premiership Rugby is expected to issue a statement on the Worcester situation once the club has formally entered administration while they are also monitoring the financial problems Wasps are dealing with. Wasps, like Worcester, owe HMRC unpaid tax along with the £35m they raised in a bond issue that will have to be paid back.
The RFU regulations governing insolvency state:
Fixed Sanctions
5.5.5 Subject to Regulation 5.5.8, where a Club suffers an Insolvency Event during the Season or after the end of the Season but before the playing schedules have been set for the following Season, that Club’s most senior first XV team, as determined by the RFU, shall in respect of the following Season be relegated to the League below that in which it participated at the time the Insolvency Event occurred and there shall be no right of appeal for any such Club.
5.5.6 Subject to Regulation 5.5.8, where a Club suffers an Insolvency Event after the end of the Season and after the playing schedules have been set for the following Season, that Club’s most senior first XV team, as determined by the RFU, shall in respect of the following Season incur a 35 point deduction and there shall be no right of appeal for any such Club. Where the RFU is satisfied that the Insolvency Event was unavoidable before the end of the Season and had been delayed by the Club in order to avoid relegation, it shall be entitled in its absolute discretion to impose a further points deduction against that Club’s most senior first XV team and/or relegate that team the following Season to the League below that in which it participated at the time the Insolvency Event occurred, and there shall be no right of appeal for any such Club.
No-fault Insolvency Events
5.5.9 Upon an affected Club’s application the RFU may in its absolute discretion reduce or waive in its entirety any sanction that would otherwise apply to a Club under Regulations 5.5.5 to 5.5.8 where it is satisfied that the Insolvency Event would not have occurred but for an event or circumstance which was beyond the control and without the fault or negligence of the affected Club and which by the exercise of reasonable diligence the affected Club was unable to prevent, including (but not limited to): riot, war, invasion, act of foreign enemies, acts of terrorism, earthquakes, flood, fire or other physical natural disaster, strikes at national level or industrial disputes at a national level and any epidemic or pandemic as categorised as such by the UK Government and/or the World Health Organisation.
Comments on RugbyPass
Loved that comment by Andrew that the ‘water boys’ rule was changed in 2020 just to stymie the Boks!
26 Go to commentsOne of the best the Boks have ever produced. PSDT has an engine that goes non-stop for the full 80 min.
5 Go to commentsThe real deal.
5 Go to commentsIt’s been said that Nienaber will head back to SA too before next World Cup , hoarding all the amazing IP gained in Irish system … get a grip … Irish system needs to Milk the likes of Barrett . First time a leading all Black in his prime has gone to Ireland for any period of time . Enjoy it .
20 Go to comments20 min RC is the only good solution of a bunch of bad solutions. Ridiculous that it has taken this long and caused so many uneven contests. In general these are all very good changes - one is surprised that NH brokers were able to see sense at long last.
7 Go to comments“While a red card will mean a temporary team disadvantage, the replacement system will focus punishment on the offending player instead of disrupting the game itself.” This might work for amateur rugby, where players just want to be on the pitch for as long as possible, but hopefully we’ve got to a point where top level professionals care about the success of their team much more than about whether they personally are on the pitch or not.
7 Go to commentsa lot of focus on the targeting of south africa, but aspects of this are positive. The croc roll; the offside law; and time limits on set pieces are all good. calling for a mark off kick offs is baffling, but I guess we’ll see how it plays out in practice
26 Go to commentsSpeeding the game up is great, but I think we will find that the increase in viewership this year mostly comes down to the competition being more competitive…the fall of the Crusaders has been a boon for viewership. This should be at the heart of super rugby changes - how to make the comp more even
23 Go to commentsThe fact that the press were largely to blame for his taking a break is nothing short of disgusting. He’s made a few mistakes but difficult to name a player of any substance who gives it a full go hasn’t also made mistakes? On behalf of a large number of Bokke fans, bring back Farrell !!!!!
1 Go to commentsPSTD is a fantastic flanker. He could benefit from a bit of self-promotion / flair and he is not quite the danger man that Ardie is. That said, he is my 1st pick to build a backrow around. His speed and hustle made up for Duane who got quite a bit slower at the 8.
5 Go to commentssurprised, disco lights haven't been banned by world rugby board
26 Go to commentsToo many changes. Too often. I’m tired of this WR administration. How do we vote these fockers out? Bill needs to go.
26 Go to commentsDu Toit, 2 time W.Cup winner yet rarely mentioned a “Great “…if one looks back on his stellar carrier perhaps someone will one day elevate him to “Richie” status…a quiet, polite yet devastating loose forward that knew action speaks louder than words..
5 Go to commentsI like the offside rule, but this won't affect my team because all their kicks gets chased and that putts everyone on side. Lekker manne!
26 Go to comments20 minute Red Card is untenable. If you don’t punish the whole team, coaches won’t be sufficently incentivised to pick players with, or coach better tackle technique.
7 Go to commentsI can only think of One time ever a team has opted for a scrum from a free kick… Why the law change I wonder
26 Go to commentsYeah, its not going to work. But we see you World Rugby.
26 Go to commentsLove the reaction after last 2 W.Cups re rule changes…maybe good for more for more of a “ league” type running game( which I personally don’t like) but seems Rassie is definitely in ther heads…
26 Go to commentsGreat. More unwanted changes. Because these always work out well.
26 Go to commentsI’m sure South Africa’s opponents will rejoice at World Rugby minimising one of the Boks’ most potent weapons, but you just know Rassie is cooking something up with free-kicks that no-one else has thought of. Let them play checkers. Rassie’s playing chess. 😂
26 Go to comments