Article 18 - Amendment and interpretation of the ICC code
18.1 The ICC Code may be amended from time to time by the ICC. Such amendments shall come into effect on the date specified by the ICC.
18.2 The ICC Code shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes of any Signatory or government.
18.3 The headings used for the various Articles of the ICC Code are for the purpose of guidance only and shall not be deemed to be part of the substance of the ICC Code or to inform or affect in any way the language of the provisions to which they refer. Where the term “days” is used in the ICC Code, the Code or an International Standard, it shall mean calendar days unless otherwise specified.
18.4 The ICC Code has been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with the Code. The comments annotating various provisions of the Code shall (if necessary) be used to assist in the understanding and interpretation of the ICC Code and are incorporated into the ICC Code by reference. In the event of a conflict between the ICC Code and the Code and/orInternational Standards, the Code and/or International Standards shall, as applicable, prevail.
18.5 The ICC Code shall come into full force and effect on 1 January 2021 (the “Effective Date”). It shall not apply retrospectively to matters pending before the Effective Date; provided, however, that:
18.5.1 Anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.
18.5.2 Any anti-doping rule violation case which is pending as of the Effective Date and any anti-doping rule violation case brought after the Effective Date based on an anti-doping rule violation which occurred prior to the Effective Date, shall be governed by the substantive anti-doping rules in effect at the time the alleged anti-doping rule violation occurred, and not by the substantive anti-doping rules set out in the ICC Code, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case. For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 16 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in the ICC Code (provided, however, that Article 16 shall only be applied retroactively if the statute of limitations period has not already expired by the Effective Date).
18.5.3 Any Article 2.4 whereabouts failure (whether a filing failure or a missed test, as those terms are defined in the International Standard for Results Management) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management, but it shall be deemed to have expired twelve (12) months after it occurred.
18.5.4 With respect to cases where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date, but the Player or other Person is still serving the period of Ineligibility as of the Effective Date, the Player or other Person may apply to the ICC or other Anti-Doping Organization which had Results Management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of the ICC Code. Such application must be made before the period of Ineligibility has expired. The decision rendered may be appealed pursuant to Article 13.2. The ICC Codeshall have no application to any case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.
18.5.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti-Doping Rules been applicable, shall be applied.
18.5.6 Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively. As an exception, however, when a Prohibited Substance or a Prohibited Method has been removed from the Prohibited List, an Athleteor otherPerson currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to ICC or other Anti-Doping Organization which had Results Management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List.
18.6 Subject to Article 18.2, the ICC Code is governed by and shall be construed in accordance with English law. Strictly without prejudice to the arbitration provisions of Articles 8 and 13 of the ICC Code, disputes relating to the ICC Code shall be subject to the exclusive jurisdiction of the English courts.