Operational Rules


Section C4: Agents' Rules

Introduction and Interpretation

These Rules are binding on all Persons Subject to the Operational Rules including Licensed Agents and Registered Agents (together referred to as Authorised Agents).

Any breach of these Rules resulting in a charge for Misconduct shall be dealt with in accordance with the Operational Rules and, in relation to any breach by any Authorised Agent, could lead to that person being fined or having their licence suspended or withdrawn. All other decisions by the RFL shall be made by or under the authority of the Board and shall be made at their absolute discretion.

In dealing with any issue under these Rules, The RFL shall have regard to the reality and substance of any dealings or arrangements and not just their form.

Definitions are as set out in the Operational Rules and Appendix I. 

A. GENERAL

C4:1 Persons Subject to the Operational Rules must not at any time use the services of, or seek to use the services of, pay, or seek to pay or have any dealings whatsoever with, either directly or indirectly, any Unauthorised Agent in relation to any Agency Activity.

C4:2 Persons Subject to the Operational Rules may retain only the services of an Authorised Agent in relation to any Agency Activity, or represent themselves.

C4:3 Persons Subject to the Operational Rules must take all reasonable steps to satisfy themselves that any person carrying out or seeking to carry out any Agency Activity, whether directly or indirectly, is an Authorised Agent and is entitled to act under a valid Representation Agreement.

B. REPRESENTATION AGREEMENTS

C4:4

FORM AND OBLIGATORY TERMS

An Authorised Agent and a Club, Player or Team Official must have entered into a validly executed written Representation Agreement prior to that Authorised Agent carrying out any Agency Activity on his or its behalf.

C4:5 The Representation Agreement must contain the entire agreement between the parties in relation to the Agency Activity, and shall, at a minimum, contain all Obligatory Terms.

C4:6 The requirement for a Representation Agreement shall not apply in the case of a Registered Close Relation where no payment is to be made by or on behalf of the Player or Team Official to any person (a “Free RCR”). In the case of a Free RCR, a declaration (a “Free RCR Declaration”) must be validly executed in such form as the RFL may stipulate from time to time.

SUBMISSION TO THE RFL

C4:7 The Authorised Agent must ensure that either:
(i) his/her standard Representation Agreement is lodged with the RFL and any amendments to that Agreement are lodged with the RFL within 7 days of making such amendment. In which case the Authorised Agent must ensure that a summary sheet including the details of the duration of each Agreement and the remuneration terms of the Agreement and any supplementary clauses additional to the Authorised Agents’ standard Representation Agreement is lodged with the RFL within 7 days of being executed, such summary sheet to be signed by both the Authorised Agent and the Club, Player or Team Official; or
(ii) the full Representation Agreement with any Club, Player or Team Official is lodged with the RFL within 7 days of being executed; or
(iii) in the case of a RCR the “Free RCR Declaration” is lodged with the RFL within 7 days of being executed.

C4:8 An Authorised Agent and the Club, Player or Team Official must inform the RFL in writing of any early termination, novation, variation or other event that affects the validity or status of a Representation Agreement to which they are a party (save for the natural expiry of the contract), within 7 days of such event.

LENGTH OF AGREEMENT

C4:9 Subject to C4:8, a Representation Agreement shall be limited to a maximum period of two years.

C4:10 A Representation Agreement with any Player under the age of 18 at the time of execution shall be limited to a maximum period of one year.

C. DUAL REPRESENTATION & CONFLICTS OF INTEREST

C4:11 An Authorised Agent may only act for either: (a) Clubs; or (b) Players and Team Officials.
For the avoidance of doubt, any Authorised Agent who has a currently valid Representation Agreement with any Player or Team Official may not enter into a Representation Agreement with any Club and may not act for any Club in relation to any Transaction or Contract Negotiation. Additionally, any Authorised Agent who has a currently valid Representation Agreement with any Club may not enter into a Representation Agreement with any Player or Team Official and may not act for any Player or Team Official in relation to any Transaction of Contract Negotiation.

C4:12 A Person Subject to the Operational Rules or Authorised Agent must not so arrange matters as to conceal or misrepresent the identity of the party in whose interests the Authorised Agent actually acts.

C4:13 Where an Organisation has more than one Authorised Agent, all such Authorised Agents must act on behalf of either (a) Clubs; or (b) Players and Team Officials.

DISCLOSURE OF CONFLICTS

C4:14 Authorised Agents, Clubs, Players and Team Officials must disclose in writing any actual or potential conflict of interest in relation to their involvement in a Transaction or Contract Negotiation and obtain the express written consent of the other parties involved in the matter, in order for the Transaction or Contract Negotiation to continue. The Authorised Agent, Club, Player or Team Official must ensure that any such conflict of interest is declared in full as soon as possible to the RFL.

COMMERCIAL RIGHTS

C4:15 An Authorised Agent must not carry out any Agency Activity for a Club, and a Club must not use the services of an Authorised Agent, in relation to a Player or Team Official if that Authorised Agent (or his Organisation or a Connected Agent), has, or has had at any time in the previous two years, either directly or indirectly, any interest in the Commercial Rights of that Player or Team Official.
Such interest shall include beneficial ownership of the Commercial Rights of the Player or Team Official and/or any contractual or customary arrangement which involves the representation of the Player’s or Team Official’s Commercial Rights.

D. ORGANISATIONS WITH MORE THAN ONE AGENT

C4:16 An Authorised Agent shall use his best endeavours to ensure that an Organisation with which he is employed or retained shall comply with the requirements of the Operational Rules and these Rules in relation to Agency Activity carried out by that Authorised Agent.

E. DUTY TO UPHOLD THESE RULES

C4:17 Each Person Subject to the Operational Rules is responsible for ensuring that he or it does not permit any breach of, or conduct in contravention of, the requirements of these Rules.

C4:18 Additionally, a Club shall comply, and use reasonable endeavours to ensure, that its Club Officials and Players comply with the requirements of these Rules.

F. REQUIREMENT TO INFORM THE RFL OF THE IDENTITY AND ROLE OF AN AGENT, AND DETAILS OF REMUNERATION

C4:19 An Authorised Agent, Club, Player and Team Official must ensure that the name, signature and licence or registration number of each and every Authorised Agent carrying out any Agency Activity in relation to a Transaction or Contract Negotiation (whether directly or indirectly) is shown on all relevant contracts and documents as is required by the RFL from time to time.

C4:20 If a Player, Team Official or Club has not used the services of an Agent at any time in a Transaction or Contract Negotiation, this fact must be stated in all relevant documents in respect of such Transaction or Contract Negotiation.

G. REMUNERATION

C4:21 An Authorised Agent may only be remunerated by the party for whom he is acting. Payment must be made pursuant to the terms of the Representation Agreement between the parties.

C4:22 An Authorised Agent must not make, or seek to make, any payments of any kind, either directly or indirectly, to any Club, Team Official or Player as a result of a Transaction or Contract Negotiation.

DEDUCTIONS FROM SALARY / BENEFIT IN KIND

C4:23 A Club must not remunerate or make any payment (including any payment in respect of the Commercial Rights relating to a Player or Team Official), to an Authorised Agent acting for a Player or Team Official in a Transaction or Contract Negotiation with the Club, other than: (a) by way of a genuine deduction in periodic instalments from the net salary payable to the Player/Team Official so that the sums are paid to the Authorised Agent on the Player / Team Official’s behalf in discharge of his obligation to his Authorised Agent; or (b) if such payments are accounted for as a benefit in kind and accounted for in the relevant Player’s/Team Official’s P11d. Such deductions/payments may only be made with the Player or Team Official’s prior written consent.

C4:24 An Authorised Agent must not negotiate, seek or receive any remuneration or payment prohibited under Rule G from a Club.

PAYMENTS AFTER EXPIRY OF REPRESENTATION AGREEMENT

C4:25 Where an Authorised Agent and a Player or Team Official agree periodic instalments and the Player or Team Official's employment contract lasts longer than the Representation Agreement, the parties shall also agree in the Representation Agreement that the Authorised Agent is entitled to the agreed instalments after expiry of the Representation Agreement, until the Player or Team Official's employment contract expires or, if earlier, until the Player or Team Official signs a new employment contract without the involvement of that Authorised Agent.

REMUNERATION OF AN AGENT ACTING FOR A CLUB

C4:26 All payments of whatever nature made to any person in relation to Agency Activity for or on behalf of a Club, must be made by the Club and must be fully recorded in the accounting records of the Club (save that an Authorised Agent acting for a Club may pay a person with whom he has assigned or sub-contracted any Agency Activity duties in accordance with these Rules).

DISCLOSURE TO THE RFL OF ALL REMUNERATION TO AUTHORISED AGENTS

C4:27

Disclosure By Agents

An Authorised Agent must, on or before the end of January in each year, provide an itemised statement (in the form prescribed by the RFL from time to time) to every Person that he represents (or has represented during the period), with a copy to the RFL, covering the period 1 December to 30 November in the previous year which sets out any and all payments charged by the Authorised Agent to that Person during that period.

C4:28

Disclosure by Clubs

Each Club must, on or before the end of January in each year provide an itemised statement (in the form prescribed by the RFL from time to time) to the RFL covering the period 1 December to 30 November in the previous year which sets out any and all payments paid to Authorised Agents.

H. AUTHORISED AGENTS

C4:29

OBLIGATIONS

An Authorised Agent shall not carry out any Agency Activity except as provided for by these Rules.

C4:30 An Authorised Agent shall be subject to and comply in all respects with the requirements of these Rules and the Operational Rules.

C4:31 An Authorised Agent shall serve and protect the best interests of his client at all times, which shall include but not be limited to notifying the client of all material facts in relation to any Transaction or Contract Negotiation.

C4:32 An Authorised Agent shall not hold himself out as representing any person in relation to whom he does not have a Representation Agreement.

C4:33 All Authorised Agents as at 1 January 2009 shall be required to pass an examination in accordance with paragraph 2 of Appendix II on or before 31 December 2013. Any Agent who does not pass such an examination before such date shall have his licence suspended and shall not be entitled to carry out any Agency Activity until he has passed such an examination, The RFL shall not be required to hold examinations more than twice a year at times determined at the RFL’s discretion.

SUB CONTRACTING / ASSIGNING

C4:34 Where an Authorised Agent assigns or subcontracts any Agency Activity duties or services or responsibilities, the Authorised Agent must (a) obtain the prior written consent of his client; (b) record the terms upon which those obligations are assigned or subcontracted in a single document; and (c) complete and lodge such document in the same way as for a Representation Agreement under Rule C4:7.

C4:35 An Authorised Agent is prohibited from assigning or subcontracting any Agency Activity to an Unauthorised Agent.

REPRESENTATION AGREEMENTS / MARKETING SERVICES

C4:36 An Authorised Agent shall not, and shall not attempt to, either directly or indirectly:

  1. a) approach, or enter in a Representation Agreement with, a Player, Team Official or Club under an exclusive Representation Agreement with another Authorised Agent with a view to negotiating a Representation Agreement with that Player, Team Official or Club unless:
  2. (i) the Authorised Agent who is the other party to the exclusive Representation Agreement has provided express written permission; or
  3. (ii) the Representation Agreement between the Player, Team Official or Club and the other Authorised Agent has less than one month until expiry of its term.
  4. b) induce a Player, Team Official or Club to breach his or its Representation Agreement with another Authorised Agent or his or its contract with another Player, Team Official or Club.

An Authorised Agent may however publicise his services generally.

C4:37 An Authorised Agent cannot enter into a Representation Agreement with:

  1. any Player before they enter into school ‘Year 11’; or
  2. a Player under the age of eighteen years of age unless it is countersigned by the Player’s parent or legal guardian with parental responsibility.

ABILITY TO CARRY OUT TRANSACTIONS

C4:38 An Authorised Agent shall not enter into negotiations, make any approach, take any steps, solicit or in any way facilitate discussions between parties with a view to a Transaction or actually effect or become involved in any capacity in a Transaction (whether the same constitutes acting in the capacity of an Authorised Agent), unless:

  1. the Player or Team Official’s current Club has provided express written permission to the other Club to do so; or
  2. the Player, Team Official or Club on behalf of whom the Authorised Agent is acting, is entitled to do so under the Operational Rules.

PROHIBITION ON INTERESTS IN CLUBS / PLAYERS / GOVERNING BODIES

C4:39 An Authorised Agent (or an Authorised Agent’s Organisation) shall not have an interest in a Club. Such interest shall be defined as:

  1. beneficial ownership of more than 5% of any entity, firm or company through which the activities of the Club are conducted; and/or
  2. being in a position or having any association that may enable the exercise of a material financial, commercial, administrative, managerial or any other influence over the affairs of the Club whether directly or indirectly and whether formally or informally.

Where an Authorised Agent is carrying out any Agency Activity for or on behalf of any party in relation to a Transaction or Contract Negotiation involving that Club, an interest for the purposes of this clause includes an interest of:

  1. a Related Party of the Authorised Agent; and/or
  2. a company in which any legal or beneficial interest or any proportion or share is held by the Authorised Agent or any Related Party of the Authorised Agent (save for a holding of less than 5%); and/or
  3. a company over whose affairs financial, commercial, administrative, managerial or any other control or influence can be exercised by the Authorised Agent or any Related Party of the Authorised Agent.

In each case, save where the Agent is acting for that Club.

C4:40 An Authorised Agent, or an Authorised Agent’s Organisation, must not have, either directly or indirectly, any interest of any nature whatsoever in relation to a Registration Right, whether actual or potential, vested or contingent. This includes, but is not limited to, owning any interest in any transfer fee or future sale value of a Player.

C4:41 A Team Official or employee, or any person in an official position with the RFL, RLIF, any Federation or any organisation connected with these institutions, cannot be an Authorised Agent.

UNAUTHORISED AGENTS

C4:42 An Authorised Agent must not carry out any Agency Activity in the place of, or on behalf of, or as agent or representative of, any Unauthorised Agent.

C4:43 An Authorised Agent, or an Authorised Agent’s Organisation, must not pass, either directly or indirectly, any remuneration of any nature in relation to Agency Activity to any Unauthorised Agent or any other person, regardless of which party carries out the Agency Activity, save as permitted under Rule G8. This does not affect the ability of an Organisation to pay its unlicensed employees or staff pursuant to their employment or other contracts or any other parties for purposes unrelated to any Agency Activity.

DISCIPLINARY ACTION

C4:44 An Authorised Agent who has had his Licence or Registration suspended or withdrawn may, on the occasion of any application for the grant of any Licence or Registration or the lifting of any suspension in respect of the Licence or Registration, be obliged, at the discretion of the RFL, to reapply for the Licence or Registration.

C4:45 An Authorised Agent shall not act for any party in relation to any Transaction or Contract Negotiation which is contrary to the Operational Rules (including the Salary Cap Regulations) and shall notify the RFL as soon as reasonably practicable of any such proposed Transaction or Contract Negotiation.

C4:46 If an Agent is found to have knowingly been involved in any Transaction or Contract Negotiation which breaches the Salary Cap Regulations (or otherwise colluded with a Club or Player to breach the Salary Cap Regulations) then he shall be in breach of these Rules and the usual sanction shall be the revocation of his Licence. A less serious sanction may be imposed if the Agent has provided Substantial Assistance to the RFL that results in the RFL discovering or establishing a breach of the Salary Cap Regulations by another Person Subject to the Operational Rules. The extent to which the sanction is reduced shall be based on the seriousness of the conduct of the Agent and the significance of the Substantial Assistance provided by the Agent.
For the purpose of this Rule an Agent providing Substantial Assistance must (i) fully disclose in a signed written statement all information that he possesses in relation to the Salary Cap Regulations violation(s); and (ii) fully cooperate with the investigation and adjudication of any case related to that information including (for example) by testifying at a hearing if requested to do so by the Compliance Manager or the Operational Rules Tribunal. Further the information provided must be credible and must comprise an important part of any case that is initiated or, if no case is initiated, must have provided a sufficient basis upon which such a case could have been brought.

C4:47 For the avoidance of doubt, an Authorised Agent is subject to disciplinary action for any breach of these Rules or the Operational Rules and if found to have breached these Rules or the Operational Rules may be fined or have his licence suspended or revoked.

I. PLAYERS AND TEAM OFFICIALS

C4:48

OBLIGATIONS

A Player or Team Official must not at any time use the services, either directly or indirectly, of an Unauthorised Agent in relation to any Agency Activity. A Player or Team Official must not directly or indirectly make any payments to any Unauthorised Agent in respect of any Agency Activity.

C4:49 A Player or Team Official must ensure that the exclusivity of any Representation Agreement entered into with an Authorised Agent is respected provided that nothing in this Clause shall prevent a player representing himself.

PROHIBITION ON INTERESTS IN AGENTS

C4:50 A Player or Team Official shall not have any interest in the business or affairs of an Authorised Agent or any Organisation through which an Authorised Agent conducts business. An interest for the purposes of this Regulation includes:

  1. beneficial ownership of (or beneficial ownership of any share of) any entity, firm or company through which such activities are conducted by the Authorised Agent; and/or
  2. being in a position, or having any association, that may enable the exercise of a material financial, commercial, administrative, managerial or any other influence over the affairs of the Authorised Agent’s business, whether directly or indirectly and whether formally or informally.

Where an Authorised Agent is carrying out any Agency Activity for or on behalf of any Club in relation to a Transaction or Contract Negotiation involving that Player or Team Official an interest for the purposes of this clause includes an interest of:

  1. a Related Party of the Player or Team Official; and/or
  2. a company in which any legal or beneficial interest or any proportion or share is held by the Player or Team Official or any Related Party of the Player or Team Official; and/or
  3. a company over whose affairs financial, commercial, administrative, managerial or any other control or influence can be exercised by the Player or Team Official or any Related Party of the Player or Team Official.

J. CLUBS

C4:51

OBLIGATIONS

A Club must not at any time use the services, either directly or indirectly, of an Unauthorised Agent in relation to any Agency Activity. A Club must not directly or indirectly make any payments to any Unauthorised Agent in respect of any Agency Activity.

C4:52 Clubs that wish to engage in any Transaction or Contract Negotiation may only deal with (a) the Player or Team Official himself; (b) the other Club; or (c) an Authorised Agent acting on behalf of the Player or Team Official or the other Club.

C4:53 A Club is under an obligation to ensure that the exclusivity of any contract entered into with an Authorised Agent is respected provided that nothing in this Clause shall prevent a Player, Team Official or Club representing himself or itself.

C4:54 A Club shall not, and shall not attempt to, either directly or indirectly, induce or coerce a Player or Team Official to breach the terms of his Representation Agreement with his Authorised Agent nor place undue pressure on a Player or Team Official to not use the services of any Authorised Agent.

PROHIBITION ON INTERESTS IN AGENTS

C4:55 A Club or Team Official must not have any interest in the business or affairs of an Authorised Agent or any Organisation through which an Authorised Agent conducts business. An interest for the purposes of this clause includes:

  1. beneficial ownership of (or any share of beneficial ownership of) any entity, firm or company through which such activities are conducted by the Authorised Agent; and/or
  2. being in a position, or having an association, that may enable the exercise of a material financial, commercial, administrative, managerial or any other influence over the affairs of the Authorised Agent’s business, whether directly or indirectly and whether formally or informally.

Where an Authorised Agent is carrying out any Agency Activity for any party in relation to a Transaction or Contract Negotiation involving that Club, an interest for the purposes of this clause includes an interest of:

  1. a Related Party of the Team Official; and/or
  2. a company in which any legal or beneficial interest or any proportion or share is held by the Club or Team Official or any Related Party of a Team Official; and/or
  3. a company over whose affairs financial, commercial, administrative, managerial or any other control or influence can be exercised by the Club, the Team Official or any Related Party of the Team Official,

save where the Authorised Agent is acting for the Club.

K. MISCELLANEOUS

C4:56

DATABASE AND DISCLOSURE

The RFL shall publish the name, contact details, status and any licence or registration number of every Authorised Agent.

C4:57 The RFL may publish any decision made in accordance with these Rules, including the name and any other relevant information of an Authorised Agent in relation to whom a disciplinary decision has been made, including where a Licence is suspended or withdrawn.

C4:58 The RFL may publish the identity of any Club, Player or Team Official who at any time are, or have been, party to any Representation Agreement and the expiry date of such Representation Agreement.

MISCONDUCT RELATING TO MATTERS WITHIN THE JURISDICTION OF ANOTHER FEDERATION

C4:59 The RFL may, in its sole discretion, refer to another Federation and/or the RLIF for resolution any complaint or allegation of a breach of these Rules where any Person is subject to the jurisdiction of the other Federation and/or RLIF.

WRITTEN REQUESTS FOR PERMISSION

C4:60 The RFL may provide written permission to a party to act in a manner other than in accordance with the requirements set out in these Rules where the party establishes to the satisfaction of the RFL that all the circumstances make it appropriate to make an exception to allow the party to do so.
Appendix I - Definitions
“Agency Activity” means acting in any way in the capacity of agent, representative or adviser to a Club, Player or Team Official in the negotiation, registration, or execution of any Transaction or Contract Negotiation other than as a Lawyer solely providing Permitted Legal Advice.
For the avoidance of doubt, a Player or Team Official is not acting as an Agent when he carries out any Agency Activity in relation to any matter relating to himself and a duly authorised officer or employee of any Club is not acting as an Agent when he carries out any Agency Activity in relation to any matter relating to a Transaction or Contract Negotiation for on behalf of that Club.
“Agent” means any person who carries out or seeks to carry out Agency Activity, including Authorised Agents.
“Authorised Agent” means Licensed Agents and/or Registered Agents.
“Close Relation” is a Player or Team Official’s parent, legal guardian, person with parental responsibility, sibling, spouse, aunt or uncle.
Club Official” has the meaning given in Section One 1 (l) of these Operational Rules.
“Commercial Rights” means any rights arising from the use of a Player or Team Official’s image or from sponsorship or endorsements, or from any other commercial exploitation of rights not directly related to the Player or Team Official’s employment contract.
Connected Agent” means an Authorised Agent who is connected to another Authorised Agent as a result of:

  1. being employed or retained by the same Organisation; or
  2. them both being directors or shareholders in or co-owners of the same Organisation; or
  3. them being married to one another, siblings of one another, or parent and child or stepchild; or
  4. them having made any contractual or other arrangement whether formal or informal to co-operate in the provision of any agency services or to share the revenue or profits of any part of their Agency Activities.

“Contract Negotiation” means any negotiation or other related activity, including any communication relating or preparatory to the same, the intention or effect of which isto create, terminate or vary the terms of a Player or Team Official’s contract of employment with a Club.
“Lawyer” means a person retained to act as such by a Player, Team Official or Club, who is duly authorised by the appropriate professional or regulatory body to act in the capacity of Legal Executive, solicitor or barrister in the United Kingdom, or the equivalent profession outside the United Kingdom.
“Legal Executive” means a person who is a member of the Institute of Legal Executives” Licence” means a licence issued by the RFL to act in the capacity of a Licensed Agent.
“Licensed Agent” means an Agent holding a Licence issued in accordance with these Rules.
"Obligatory Terms" means: (a) whether the appointment is exclusive or non exclusive; (b) length of appointment; (c) remuneration and method and date of payment; (d) obligations of the Agent.
“Organisation” means an agency, person, firm or company retaining, comprising, employing, or otherwise acting as a vehicle for one or more Authorised Agent.
"Permitted Legal Advice" means advice or assistance provided by a Lawyer to a Club, Player or Team Official in relation to any Transaction or Contract Negotiation where:

  1. the Lawyer has entered into terms of engagement with the Player, Team Official or Club in the form required by the Lawyer's professional regulator and solely operates under those terms; and
  2. the Lawyer is providing the advice or assistance as part of a practice which is regulated by the Lawyer’s professional regulator; and
  3. the advice or assistance either relates to: (i) the legal form of the documents that arise out of the Transaction or Contract Negotiation, or the legal implications of that Transaction or Contract Negotiation, as opposed to the negotiation of the substantive terms of the Transaction or Contract Negotiation and, in particular, the remuneration terms of the Transaction or Contract Negotiation; or (ii) a dispute arising out of a Transaction or Contract Negotiation; and
  4. the Lawyer is remunerated in a manner which is consistent with the manner in which Lawyers are ordinarily remunerated for carrying out such advice.

“Registered Agent” means a Registered Close Relation, a Registered Lawyer, and/or a Registered Overseas Agent.
“Registered Close Relation” means any Close Relation registered with the RFL in accordance with these Rules
“Registered Lawyer” means any Lawyer registered with the RFL in accordance with these Rules.
“Registered Overseas Agent” means any individual holding a licence entitling him to act in the capacity of an Agent issued by another Federation and who has registered with the RFL in accordance with these Rules.
“Registration Right” means any right in relation to the registration of a Player with a Club.
“Related Party” means, in relation to any individual, anyspouse, child, stepchild, parent, sibling, uncle, aunt, cousin, nephew or niece.
“Representation Agreement” means a written agreement between an Agent (on the one hand), and a Player, Team Official or Club (on the other), regarding the provision of any Agency Activity.
“RFL League” means the Super League, the National Leagues and any other league organised and governed by the RFL from time to time.
“RFL League Transaction” means any Transaction in respect of which any of the Clubs involved is in a RFL League, or in which the Player of Team Official involved is or will be contracted to a Club in a RFL League.
“Transaction” means any negotiation or other related activity, including any communication relating or preparatory to the same, the intention or effect of which is to facilitate the registration of a Player with a Club, or the transfer of the registration of a Player from one Club to another (whether on a temporary or permanent basis).
“Unauthorised Agent” means any person who at any time acts in the capacity of an Agent who is not an Authorised Agent


Appendix II - Licensed Agents

Eligibility

1.1 Any natural person that wishes to act as a Licensed Agent (an “Applicant”) shall send a written application to the RFL in the form published by the RFL from time to time. Applications from companies or other legal persons other than natural persons are not permitted.
1.2 The Applicant will be required to satisfy the RFL of his good character and reputation (including the provision of references) on terms that shall be stipulated by the RFL from time to time. This shall include, but not be limited to, consideration of the Applicant’s criminal record and financial history, eligibility under a “fit and proper person” test, and any history of dealings by the Applicant in relation to the game of rugby league or otherwise which the RFL may consider relevant to his acceptability. The requirements of this clause are ongoing and apply to all Licensed Agents throughout the period of their Licence.
1.3 An Applicant whose application is rejected at this stage may appeal to the RFL in such form and according to such procedure as the RFL may stipulate from time to time. An Operational Rules Tribunal Panel shall decide whether the application has been rejected fairly or unfairly according to such criteria and procedures as the RFL may stipulate from time to time.
1.4 If an application is rejected, and the Applicant does not appeal, the Applicant may be barred from reapplying to the RFL for a discretionary period from the date of formal notification of the rejection. If the Operational Rules Tribunal Panel rejects the appeal, the original decision will stand.
1.5 If an Operational Rules Tribunal Panel upholds the Applicant’s appeal the RFL will call the Applicant for the first available written examination to take place as set out below but shall not have any liability of any nature to any Applicant arising out of, or in connection with, any decision or action taken or omitted by the RFL in relation to the Applicant’s application or the determination of the same.
1.6 If an application is acceptable in accordance with these Rules, the RFL shall call the Applicant for a written examination. The RFL shall not be required to hold such examinations more than twice a year.

Examination


2.1. The basic terms, conditions, content and nature for the examination and the procedure shall be determined by the RFL from time to time. Each Applicant shall be tested on the following subjects:

  1. familiarity with all relevant rules and regulations of rugby league, especially in connection with transfers; and
  2. familiarity with relevant civil law including the law of contract.

2.2. The examination papers shall be marked within a reasonable time after the examination and the Applicant informed of the outcome.
2.3 The RFL shall charge a non-refundable administration fee payable upon application as published by the RFL from time to time.
2.4. If an Applicant scores the minimum amount or more of the marks required by the RFL to pass the examination, then, subject to the:

  1. the right of the RFL to call the Applicant for a further interview;
  2. the Applicant having completed a DBS check in accordance with paragraph 3.1 below; and
  3. the Applicant having obtained insurance in accordance with paragraph 4 below,

the Applicant shall be awarded a licence.
2.5. An Applicant is not entitled to act in the capacity of, or hold himself out to be, a Licensed Agent unless and until he has received the Licence. Should an Applicant act in the capacity of an Agent prior to receipt of the Licence, the Licence will be withheld or revoked.

Licence Conditions


3.1 An Authorised Agent’s Licence or Registration is subject to the Agent having completed a DBS Check/requirements of the Vetting and Barring System to the satisfaction of the RFL and to this being updated in line with RFL policy.
3.2 The Licence is strictly personal and not transferable and remains the property of the RFL. Any Licensed Agent who has had his Licence suspended or withdrawn, or who terminates his activities in that capacity, must return his Licence to the RFL.
3.3 A Licence shall be issued for an indefinite period (subject to suspension and/or withdrawal taking effect in accordance with these Rules).
3.4 As soon as the Agent has received a Licence from the RFL, he will be entitled to use the following designation, and no variation thereof, after his name in business relations: “Agent licensed by the Rugby Football League”. A Licensed Agent shall not be entitled to hold himself out as having any connection with the RFL other than this designation.
3.5 Each Licensed Agent agrees to fully and effectively indemnify the RFL and to keep the RFL fully and effectively indemnified against any and all damages, liabilities, penalties, fines, expenses (including legal expenses), actions, proceedings, demands and losses it suffers as a direct or indirect result of any breach by the Licensed Agent of these Rules or any non-compliance by the Licensed Agent with any relevant laws or regulations of any relevant authority
3.6 Each Licensed Agent shall confirm its indemnification as detailed above by execution upon request at any time of a deed of indemnity in such form as may be stipulated by the RFL from time to time.
3.7 In granting the Licence under these Rules, the RFL makes no representation or warranty as to the ability, expertise or bona fides of any Licensed Agent.
3.8 A Licensed Agent is obliged to disclose to the RFL any matters that arise subsequent to the issue of a Licence that may be relevant for the consideration of these requirements.
3.9 Each Licensed Agent shall comply with such requirements as the RFL may reasonably impose in relation to continuing professional development and training from time to time.
3.10 Each Licensed Agent must keep an accurate bookkeeping record of any and all Agency Activity and related business activities and must keep all the corresponding books and records up to date at all times. This shall include proper file notes, written records of all meetings, negotiations, discussions or conversations and correspondence which form part of any Agency Activity and shall allow the RFL access to such records upon request.
3.11 Upon request, a Licensed Agent must notify the RFL of the full and correct account details of the Licensed Agent’s account through which remuneration for Agency Activity is received and any related payments are made.
Professional Indemnity Insurance

4.1 A Licensed Agent must procure and maintain at all relevant times professional liability insurance in accordance with the requirements of the RFL and any domestic industry standards as determined from time to time, whether as set out herein or elsewhere (the “Insurance”). The Insurance shall as a minimum cover any claims for compensation against a Licensed Agent arising from his failure to exercise reasonable skill and care in carrying out his professional activities as a Licensed Agent. The policy shall be worded in such a way that the relevant risks connected with a Licensed Agent’s occupation are covered. The Insurance shall cover claims on a “claims made” basis in accordance with the principles governing the operation of the UK insurance market.
4.2 The Licensed Agent is responsible for ensuring that Insurance is in place at all times. In the event that Insurance is not in place for any reason to the level and on the terms required by the RFL, then the Agent concerned will be deemed to be an Unauthorised Agent and may not carry out Agency Activity unless and until the appropriate Insurance cover is restored. In the event that the Insurance cover expires and is not renewed within a reasonable period as notified by the RFL the Licensed Agent or Applicant will be considered to have terminated his activities and his Licence will be automatically withdrawn. In such circumstances, the Licensed Agent or Applicant will be required to resubmit to the application process in full, should he wish to carry out any further Agency Activity.
4.3 Any Applicant or Licensed Agent must provide evidence to the satisfaction of the RFL that Insurance is in place. The Applicant or Licensed Agent shall ensure that the insurer provides the RFL with confirmation, within the required number of days of a written request, of the terms of the policy, and that all relevant premiums have been paid up to date. The RFL may request that the Applicant or Licensed Agent provide a copy of the insurance policy and proof of payment of relevant premiums, in which case it must be provided within 14 days of the request.
4.4 A Licence shall not be issued by the RFL unless and until it has received the appropriate confirmation and a copy of the Insurance.
4.5 If a Licensed Agent or an Applicant is insured under a policy which covers more than one individual, it is the responsibility of each individual Licensed Agent or Applicant to ensure that the policy provides the necessary cover, and that the RFL is informed accordingly.
4.6 No Licensed Agent may cancel Insurance until he has terminated his occupation in that capacity and his Licence has been returned, suspended or withdrawn in all respects. The Licensed Agent shall ensure that any claim for compensation made after termination of his occupation, which originates from his former activities as an Authorised Agent, is covered by the Insurance and that all necessary action is taken to effect all necessary “run off cover”, and in such manner as the RFL may stipulate from time to time.

Organisations

5.1 Subject to paragraph 5.3, a Licensed Agent may subject in each case to the provisions of these Rules operate through an Organisation. If he does so at any time during the preceding year, on 1 December each year the Licensed Agent must provide the RFL with the following information:

  1. The Organisation’s officers and directors.
  2. The shareholders, if a company, or owners details if not a company.
  3. All employees and consultants of the Organisation (including details of their role(s)
  4. Contact details for the Organisation including company name and registration number.
  5. Such other information as the RFL may specifically request in writing from him.

5.2 Subject to paragraph 5.3, a Licensed Agent must disclose to the RFL any changes in the directors or officers or the ownership of the Organisation within 7 days of such being formally recorded.
5.3 Where more than one Licensed Agent carries on Agency Activity or any related activity through the same Organisation, the Licensed Agents of that Organisation shall collectively nominate a representative (who shall be one of the Licensed Agents), who shall be personally responsible for compliance with the requirements to provide information relating to the Organisation.
5.4 A Licensed Agent must procure that the Organisation with which he is associated complies with any requirement of the RFL.
5.5 Where a Licensed Agent operates through an Organisation, he is responsible for ensuring that any unlicensed employees are restricted to performing administrative duties. Only the Licensed Agent is entitled to carry out Agency Activity.

Appendix III -
Registered Agents: Registered Overseas Agents, Registered Close Relations and Registered Lawyers

Registered Overseas Agents

1.1 An individual who (1) holds a licence issued by another Federation, and who (2) wishes to carry out any Agency Activity for or on behalf of a Club, Player or Team Official in an RFL League Transaction (“Overseas Registration Applicant”), must register in advance with the RFL by completing in full and submitting the relevant registration documentation in the form published by the RFL from time to time:

  1. For the avoidance of doubt, the registration requirement and the substantive requirements of these Rules only apply to an overseas agent when and to the extent that he acts in a Transaction on behalf of either (i) a rugby league club who play in a RFL League; or (ii) a Player whose registration is already held, or will after the Transaction on which the overseas agent acts be held, by such a Club; or (iii) any other Team Official who is already contracted to or will after the Transaction be contracted to such Club.
  2. They do not apply to an overseas agent when he acts on behalf of a foreign club, including a foreign club seeking by the Transaction on which the agent acts, to transfer a Player or Team Official to or from such an RFL League Club.
  3. Any individual holding such a valid licence from another Federation is automatically entitled to registration and if the individual ceases to hold such valid licence or the licence is suspended the registration will be revoked.
  4. There is no charge for registration.
  5. Registration is achieved by submission of the correctly completed documentation.
  6. Registration lasts indefinitely so long as the individual holds a valid licence from the other Federation (subject to its withdrawal or suspension as provided for below): the individual need not register on each occasion that he wishes to carry out any Agency Activity in a RFL League Transaction.
  7. There does not need to be any impending Transaction or Contract Negotiation for an individual to register. Overseas agents who consider that they may in the future wish to carry out any Agency Activity in a RFL League Transaction may register in advance.
  8. Registration can be renounced upon one month’s written notice to the RFL.

1.2 Upon receipt of the completed registration documentation, the RFL shall issue written confirmation of registration as a Registered Overseas Agent (the “Overseas Registration”) to the Overseas Registration Applicant and to the relevant Federation, and shall publish such Registered Overseas Agent’s name in such manner as it considers appropriate.
1.3 Prior to registering, an overseas agent shall not be entitled to carry out any Agency Activity for or on behalf of a Club, Player or Team Official whose registration is already held, or will after the Transaction on which the overseas agent acts be held by (or is or will be contracted to), such a Club, in a RFL League Transaction.
1.4 An Overseas Registration is strictly personal and non-transferable. An Overseas Registration entitles the Registered Overseas Agent to act in the capacity of an Authorised Agent in a RFL League Transaction for or on behalf of a Club registered with the RFL or for or on behalf of a Player or Team Official whose registration is already held, or will after the Transaction on which the Registered Overseas Agent will act be held by (or is or will be contracted to) such a Club.
1.5 Without prejudice to any other provisions of an Overseas Registration, it shall constitute:

  1. an enforceable undertaking by the Registered Overseas Agent to act in accordance with these Rules in any RFL League Transaction when acting on behalf of a Club or on behalf of a Player or Team Official whose registration is already held, or will after the Transaction on which the Registered Overseas Agent is acting be held by (or is or will be contracted to) such a Club; and
  2. a submission by such Registered Overseas Agent to the authority and jurisdiction of the RFL in respect of any act or omission of such Registered Overseas Agent arising out of or in connection with the Overseas Registration and/or any RFL League Transaction in which he acted on behalf of a Club or on behalf of a Player or Team Official whose registration is already held, or will after the Transaction on which the Registered Overseas Agent is acting be held by (or is or will be contracted to) such a Club.

1.6 Any Registered Overseas Agent who is found by the RFL to have breached the Rules or any of the terms and conditions of his Overseas Registration shall be bound by any decision of the RFL. The sanctions which can be imposed by a RFL in respect of a Registered Overseas Agent are:

  1. the issuing of a warning; and/or
  2. reporting the Registered Overseas Agent to his or her licensing Federation; and/or
  3. reporting the Registered Overseas Agent to RLIF; and/ or
  4. suspension or withdrawal of the Overseas Registration.

1.7 In the event that the RFL withdraws the Overseas Registration of a Registered Overseas Agent then the RFL shall have the right to refuse a request of that Registered Overseas Agent for a new Overseas Registration on such terms and for such period as decided by the RFL.
1.8 The RFL may, at any stage, where appropriate and at its sole discretion, refer any matter in relation to the status or conduct of a Registered Overseas Agent to the RLIF and/or the relevant Federation that issued the Registered Overseas Agent’s original licence and/or to such other regulatory authorities as it sees fit.

Registered Close Relations

2.1 A Close Relation may carry out Agency Activity as an Authorised Agent for a Player or Team Official, and in a Transaction or Contract Negotiation, relating directly to the Player or Team Official, in respect of which a qualifying relationship exists (and for so long as such relationship exists).
2.2 A Close Relation who wishes to carry out any Agency Activity for, or on behalf of a Player or Team Official in a RFL League Transaction (“Registered Close Relation Applicant”), must register in advance with the RFL by completing in full and submitting the relevant registration documentation in the form published by the RFL from time to time.

  1. Any such Close Relation is automatically entitled to registration.
  2. There is no charge for registration.
  3. Registration is achieved by submission of the correctly completed documentation.
  4. Registration lasts indefinitely (subject to suspension or withdrawal in accordance with these Rules) so long as the Close Relation qualifies as such in accordance with the above.
  5. There does not need to be any impending Transaction or Contract Negotiation for a Close Relation to register. Close relations who consider that they may in the future wish to carry out any Agency Activity may register in advance.
  6. Registration can be renounced upon one month’s written notice to the RFL.

2.3 Upon receipt of the completed registration documentation, the RFL shall issue written confirmation of registration as a Registered Close Relation (the “Close Relation Registration”) to the Close Relation and shall publish such Registered Close Relation’s name in such manner as it considers appropriate.
2.4 A Registered Close Relation Applicant shall not be entitled to carry out any Agency Activity for or on behalf of a Player or Team Official in a Transaction before registering.
2.5 A Close Relation Registration is strictly personal and non-transferable. A Close Relation Registration entitles the Registered Close Relation to act in the capacity of an Authorised Agent in a RFL League Transaction for, or on behalf of the Player or Team Official with whom the Registered Close Relation has the relevant relationship or responsibility.
2.6 Without prejudice to any other provisions of a Close Relation Registration, it shall constitute an enforceable undertaking by the Registered Close Relation to act in accordance with these Rules and a submission by such Registered Close Relation to the authority and jurisdiction of the RFL in connection with any RFL League Transaction and/or any act or omission of such Registered Close Relation arising out of or in connection with the Close Relation Registration and/or any RFL League Transaction.
2.7 Any Registered Close Relation who is found by an Operational Rules Tribunal Panel to have breached the Rules, Rules or any of the terms and conditions of his Close Relation Registration shall be bound by any decision of the Operational Rules Tribunal Panel. The sanctions which can be imposed by an Operational Rules Tribunal Panel in respect of a Registered Close Relation are:

  1. the issuing of a warning; and/or
  2. reporting the Registered Close Relation to RLIF; and/or
  3. suspension or withdrawal of the Close Relation Registration; and/or
  4. a fine.

2.8 In the event that an Operational Rules Tribunal Panel withdraws the Close Relation Registration of a Registered Close Relation then the RFL shall have the right to refuse a request of that Registered Close Registration for a new registration on such terms and for such period as decided by the Operational Rules Tribunal Panel.
2.9 The RFL may, at any stage, where appropriate and at its sole discretion, refer any matter in relation to the status or conduct of a Registered Close Relation to RLIF and/or the relevant Federation and/or to such other regulatory authorities as it sees fit.

Registered Lawyers

3.1 Any Lawyer who wishes to carry out any Agency Activity (which excludes Permitted Legal Advice) for, or on behalf of, a Club, Player or Team Official in a RFL League Transaction (“Lawyer Applicant”), must register in advance with the RFL by completing in full and submitting the relevant registration documentation in the form published by the RFL from time to time:

  1. Any such Lawyer Applicant is automatically entitled to registration (subject to having completed a DBS Check / requirements of the Vetting and Barring system to the satisfaction of the RFL in accordance with paragraph 3.1 of Appendix II).
  2. There is no charge for registration.
  3. Registration is achieved by submission of the correctly completed documentation.
  4. Registration lasts indefinitely so long as the Lawyer remains regulated by the Solicitors Regulation Authority or the Bar Council or any equivalent foreign bar or legal regulatory body (subject to its withdrawal or suspension as provided for below).
  5. There does not need to be any impending Transaction or Contract Negotiation for a Lawyer to register. Lawyers who consider that they may in the future wish to carry out any Agency Activity in a RFL League Transaction may register in advance.
  6. Registration can be renounced upon one month’s written notice to the RFL.

3.2 Upon receipt of a the completed registration documentation, the RFL shall issue written confirmation of registration as a Registered Lawyer (the “Lawyer Registration”) to the Lawyer Applicant and shall publish such Registered Lawyer’s name in such manner as it considers appropriate.
3.3 It is the Lawyer’s responsibility to ensure that in the event that he wishes to carry out any Agency Activity, rather than Permitted Legal advice, that he registers with the RFL. A Lawyer shall not be entitled to carry out any Agency Activity for or on behalf of a Club, Player or Team Official in a RFL League Transaction before registering.
3.4 A Lawyer Registration is strictly personal and non-transferable. A Lawyer Registration entitles the Registered Lawyer to act in the capacity of an Authorised Agent in a RFL League Transaction for, or on behalf of a Club registered with the RFL, Player or Team Official.
3.5 Without prejudice to any other provisions of a Lawyer Registration, it shall constitute an enforceable undertaking by the Registered Lawyer to act in accordance with these Rules in any RFL League Transaction and a submission by such Registered Lawyer to the authority and jurisdiction of the RFL in connection with any RFL League Transaction and/or any act or omission of such Registered Lawyer arising out of or in connection with the Lawyer Registration and/or any RFL League Transaction.
3.6 Any Registered Lawyer who is found by an Operational Rules Tribunal Panel to have breached the Rules or any of the terms and conditions of his Lawyer Registration shall be bound by any decision of an Operational Rules Tribunal Panel. The sanctions which can be imposed by an Operational Rules Tribunal Panel in respect of a Registered Lawyer are:

  1. the issuing of a warning; and/or
  2. reporting the Registered Lawyer to the Law Society or Bar Council or to the Registered Lawyer’s foreign bar or other legal regulatory body; and/or
  3. reporting the Registered Lawyer to RLIF; and/or
  4. suspension or withdrawal of the Lawyer Registration.

3.7 In the event that an Operational Rules Tribunal Panel withdraws the Lawyer Registration of a Registered Lawyer then the RFL shall have the right to refuse a request of that Registered Lawyer for a new registration on such terms and for such period as decided by an Operational Rules Tribunal Panel.
3.8 The RFL may, at any stage, where appropriate and at its sole discretion, refer any matter in relation to the status or conduct of a Registered Lawyer to RLIF and/or to such other regulatory authorities.