inside_man wrote:
Then how were Wire able to replace Hicks on the cap with Monaghan? Hicks had definately signed a new contract and i thought at the time that it was stated if it was done out of season then the salary wouldn't count on the cap?
Because when Warrington and Hicks parted ways it was under previous salary cap regulations; hence my reference to para 6.1.4 which states:
"Where the proposed transaction is a termination of a Playing Contract in accordance with Clause 6.1.2, but in circumstances where such termination takes place prior to the first Salary Cap Relevant Match of the relevant Salary Cap Year, provided such termination is approved by the RSCM, the Player’s original Salary Cap Value shall thereafter be disregarded for purposes of calculating the Club’s Aggregate First Tier and/or Aggregate Second Tier
Liability.
Comment to Clause 6.1.4: Where a Playing Contract with a Player terminates prior to the first Salary Cap Relevant Match of the relevant Salary Cap Year (ie before the Club has had the opportunity to receive any playing services from the Player), then the Club will not need retain a Salary Cap Value for that Player in any subsequent Salary Cap Years."
I read the comment referring to before receiving any playing services applying to Hicks new contract and therefore no future years salary cap value applied.
The current regulations that Wigan/Leeds Andy is referring to do actually, to my reading, say that any player whose contract is terminated is then removed from the relevant tier of the salary cap (eg not part of the club's salary cap): para 6.1.3 (which if Wigan/Leeds Andy hadn't been too busy being a smartarse could have read as one para above 6.1.4) states:
"On approval of a Termination Payment referred to in clause 6.1.2 above, the Player’s original Salary Cap Value shall thereafter be disregarded for the purposes of calculating his previous Club’s Aggregate First Tier Liability and/or Aggregate Second Tier Liability."
Strangely it appears that any pay-off may now be levied against the player's new club as para 6.1.3 goes on to say:
"In relation to his new Club (if applicable), the Player’s Salary Cap Value will be calculated as normal in accordance with the Regulations unless, in very unusual circumstances, the transaction is one:
(a) that the RSCM believes, acting reasonably, to operate against the overriding spirit and purpose of the salary cap (as set out in clause 1.1 above), and
(b) where the Player’s new Salary Cap Value is significantly less than it was at his previous Club and/or where the Termination Payment involved in the transaction in question is significantly in excess of the usual tax free termination payment permitted by HMRC (noting clause 1.6 above).
In any such unusual circumstances, the RSCM is hereby empowered to agree a different (higher) Salary Cap Value with the Club in question and, ultimately, in the event that the Club proceeds to register the Player without such agreement, to apply a different Salary Cap Value to the Player at his new Club".
Obviously all the above is subject to ratification by Wigan/Andy Leeds.
