Salary Regulations
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SALARY REGULATIONS SALARY CAP YEAR 2021-22 PREMIER RUGBY LIMITED 2021-22 Salary Regulations (Final Approved 28.10.20) Page 1 of 67 CONTENTS Clause No. Page No. 1 Definitions and Interpretation 3 2 General Principles of the Regulations 9 3 Salary 11 4 Obligations of Clubs and Club Officials 17 5 Player Obligations 21 6 Player Agent Obligations 23 7 Salary Cap Director 24 8 Annual Audit 27 9 Overrun Tax 28 10 Breaches of the Regulations 30 11 Process before a Disciplinary Panel 31 12 Sanctions 34 13 Arbitration 39 14 Confidentiality and Publication 40 15 Miscellaneous 42 Schedule 1 Table of Summary Offences and Sanctions 44 Schedule 2A Permitted Remuneration 48 Schedule 2B Excluded Remuneration 50 Schedule 3A Club Declaration 53 Schedule 3B Club Declaration Spreadsheet 54 Schedule 4A Club Certification 55 Schedule 4B Club Certification Spreadsheet 56 Schedule 5 Board Minutes 57 Schedule 6 Club Official Declaration 58 Schedule 7A Player Declaration 59 Schedule 7B Player Declaration Spreadsheet 60 Schedule 8A Player Certification 61 Schedule 8B Player Certification Spreadsheet 62 Schedule 9 Injury Certificate 63 Schedule 10 Plea Bargaining 64 2021-22 Salary Regulations (Final Approved 28.10.20) Page 2 of 67 1. DEFINITIONS AND INTERPRETATION Definitions 1.1. Unless otherwise stated, definitions are as set out below: “Academy Salary Cap” shall have the meaning given to it in Regulation 3.16; “Academy Salary Cap Spend” shall be calculated pursuant to Regulation 3.15; “Academy Player” means any Player who: (a) on 1 September 2021 is between 16 and 24 years old (inclusive); and (b) whose total Salary in any Salary Cap Year has never exceeded £50,000; “Accountants” means a firm of chartered accountants as instructed by the Salary Cap Director from time to time; “Annual Audit” means the audit conducted by the Accountants following the end of each Salary Cap Year in accordance with Regulation 8; “Charge” shall have the meaning given to it in Regulation 11.1; “Club” means any rugby union football club that plays in the Gallagher Premiership in the 2021-22 Salary Cap Year; “Club CEO” means the Chief Executive Officer of a Club from time to time (or any individual carrying out the role usually associated with that title); “Club Certification” means the form attached at Schedule 4A to the Regulations; “Club CFO” means the Chief Finance Officer of a Club from time to time (or any individual carrying out the role usually associated with that title); “Club Declaration” means the form attached at Schedule 3A to the Regulations; “Club Director of Rugby” means a Club’s Director of Rugby or, if a person does not hold that title, the person who is ultimately responsible for first team operations or first team selection; “Club Official” means any member of the Club’s board, the Club CEO, the Club CFO, the Club SCO, a Director, the Club Director of Rugby or a Qualifying Shareholder; “Club Official Declaration” means the form attached at Schedule 6 to the Regulations; “Club SCO” means a Club Official nominated by the Club to carry out the role of Club Salary Cap Officer; “Club’s Nominated Bank Account” means a bank account whose details have been given to the Salary Cap Director by a Club; “Competition” means the Gallagher Premiership, Premiership Rugby Cup, Premiership Rugby Shield (or any other tournament or competition managed by PRL), European Rugby Champions Cup or European Rugby Challenge Cup (as such rugby competitions may be renamed or replaced); “Commercial Committee” has the meaning given to it in the PRL Shareholders’ Agreement; “Connected Party” means; 1. In relation to a Club: 2021-22 Salary Regulations (Final Approved 28.10.20) Page 3 of 67 a) any Director, officer or employee (excluding Players) of that Club; b) any family member of any Director, officer or employee (excluding Players) of that Club, where family member shall mean in relation to that Director, officer or employee: i) a spouse or civil partner or any other person living with them in an enduring family relationship; ii) children or step-children or dependents; iii) siblings; and iv) parents; c) any agent or representative acting on behalf of that Club, excluding a Scouting Agent; d) any shareholder of that Club that: i) has an interest in shares comprised in the equity share capital of that Club of a nominal value equal to at least 5% of that share capital; or ii) is entitled to exercise or control the exercise of 5% or more of the voting rights at any general meeting of that Club; e) a body corporate in relation to which any of the categories of person referred to in paragraphs 1.a) to 1.d) above is: i) interested in shares comprised in the equity share capital of that body corporate of a nominal value equal to at least 10% of that share capital; or ii) entitled to exercise or control the exercise of 10% or more of the voting rights at any general meeting of that body; and f) any company, trust, partnership, or other body, organisation or mechanism established or operating directly or indirectly in whole or in part for the benefit of or in respect of any or all of the categories of person referred to in this paragraph 1. 2. in relation to a Player: a) any family member of that Player, where family member shall mean, in relation to that Player: i) a spouse, civil partner, cohabitee or any other person living with that Player in an enduring family relationship; ii) children, step-children or dependents; iii) siblings; and iv) parents; b) any agent or representative acting on behalf of that Player, including a Player Agent; c) any body corporate in relation to which that Player or any of the other categories of person referred to paragraphs 2.a) to 2.b) above is: 2021-22 Salary Regulations (Final Approved 28.10.20) Page 4 of 67 i) interested in shares comprised in the equity share capital of that body corporate of a nominal value equal to at least 10% of that share capital; or ii) entitled to exercise or control the exercise of 10% or more of the voting rights at any general meeting of that body; d) any company, trust, partnership, or other body, organisation or mechanism established or operating directly or indirectly in whole or in part for the benefit of or in respect of any or all of the categories of person referred to in this paragraph 2; and e) in relation to any entity other than a Club or a Player, a party “connected” to that entity for the purposes of section 1122 of the Corporation Tax Act 2010; “Director” means any director or shadow director, each as defined in the Companies Act 2006; "DPA" means the Data Protection Act 2018, together with any statute or statutory instruments amending or replacing it, and any other relevant data protection legislation applicable in the UK; “Enhanced Audit” means an Extended Audit or a Special Audit; “England Rugby Academy” means that element of the Club's academy and development programme commonly known as the Elite Player Development Group and the Club Academy including any players who are nominated England Academy Scholars contained therein, or any players provided into the Club's academy and development programme through the Club's School of Rugby; “Excluded Player” has the meaning given to it in Regulation 3.25; “Excluded Salary” shall have the meaning given to it in Regulation 3.5; “Existing Arrangement” has the meaning given to it in Regulation 3.39. “Existing Contract” means a Standard Form Player Contract entered into before 18 June 2020 between a Club and a Senior Player who was a Player for the Club by no later than the start of the 2020/21 Salary Cap Year; “Existing Contract Discount” means in relation to a Senior Player who is party to an Existing Contract, 25% of the Existing Salary Commitment; “Existing Salary Commitment” means Permitted Salary (other than Sponsorship Remuneration that is not Excluded Salary) in relation to which a legally binding obligation to Pay existed before 18 June 2020; “Extended Audit” means the audit procedure set out at Regulation 7.10 to 7.12; “Ex-Player” means, in relation to each Club, an individual who is no longer a Player of that Club, but used to be; “Failure to Co-operate” means any failure by a Participant to provide co-operation or assistance as is required in accordance with these Regulations; “Final Form” means, in relation to a contract, document or arrangement, the earlier of the date on which: (a) the contract or document is signed by the relevant parties; (b) the document becomes binding on the parties; or (c) any form of benefit is received by or on behalf of a Player pursuant to the terms of the contract, document or arrangement; 2021-22 Salary Regulations (Final Approved 28.10.20) Page 5 of 67 “GDPR” means Regulation (EU) 2016/679 (General Data Protection Regulation); “Group” has the meaning given to it in Section 474 of the Companies Act 2006; “Home Grown Academy Player” means an Academy Player who has been a Player of the Club since they were 17 and who either (a) has never been a member of any other Club’s England Rugby Academy or (b) has been a member of his current Club’s England Rugby Academy for at least two complete calendar years prior to the current Salary Cap Year; “Home Grown Senior Player” means a Senior Player who has been a Player of the same Club since they were 17 and for at least two complete Salary Cap Years prior to the current one; “Home Grown Senior Player Credits” shall have the meaning given to it in Regulation 3.17; “Injured Player” means a Senior Player who sustains an injury that has or will prevent him from playing rugby and who has not