ARTICLE 5 TESTING

5.1 General principles

5.1.1 The BCCI shall be responsible for drawing up and implementing a test distribution plan for cricket played under its jurisdiction and for implementing such Testing. The BCCI will engage one or more third parties to conduct such Testing on its behalf. All such Testing shall be conducted in substantial conformity with the International Standard for Testing and the Cricket Testing Protocols.

5.1.2 All Cricketers (including Cricketers serving a period of Ineligibility or a Provisional Suspension) must submit to Testing conducted on behalf of the BCCI upon request, at any time or place, with or without notice.

5.1.3 For the avoidance of doubt, the BCCI may select Cricketers for Target Testing so long as such Target Testing is not used for any purpose other than legitimate Doping Control purposes.

5.1.4 The BCCI may authorise independent observers to observe Testing conducted on behalf of the BCCI.

5.2 In-Competition Testing

5.2.1 Cricketers shall be subject to Testing at the instance of the BCCI at Matches. The selection of the Matches at which Testing is to take place shall be determined by the BCCI, and shall remain confidential except to those Persons with a reasonable need to know of such selection in order to facilitate such Testing.

5.2.2 A Cricketer may be notified that he/she has been selected for Testing at the instance of the BCCI in connection with a Match in which he/she is participating at any time from 0600 local time on the first day of the Match in question until one hour after its completion or abandonment for whatever reason (including rain), irrespective of whether there has been any play whatsoever in the Match at the time of abandonment. Such periods (and only such periods) shall be deemed “In-Competition” periods for purposes of the Rules, so that, by way of example only:

5.2.2.1 the entire duration of any Match lasting more than one day will be considered to be In-Competition;

5.2.2.2 where a Match overflows into a ‘reserve’ day which has been set aside, then, for the purposes of the Rules, the In-Competition period shall continue until the completion of the Match;

5.2.2.3 where a ‘reserve’ day has been set aside for a Match, but the Match concludes prior to the commencement of play on the ‘reserve’ day, then such ‘reserve’ day will not be considered to fall within the In-Competition period; and

5.2.2.4 where any Cricketer is not selected as a member of a starting XI or as an officially designated substitute for a particular Match, then the duration of such Match will not be considered to fall within the In-Competition period relevant for that Cricketer.

5.2.3 The actual timing of the Testing at a selected Match, and the selection of Cricketers to be tested at that Match, shall be at the exclusive discretion of the BCCI in compliance with Paragraph 1 of the Cricket Testing Protocols, set out at Appendix 4.

5.3 Out-of-Competition Testing

5.3.1 Ambit of Out-of-Competition Testing

5.3.1.1 Any period outside of an In-Competition period shall be deemed an “Out-of-Competition” period for purposes of the Rules. Any Testing of a Cricketer at the instance of the BCCI outside of an In-Competition period shall therefore be considered Out-of-Competition Testing for the purposes of the Rules. Save in exceptional circumstances, such Testing shall be No Advance Notice Testing.

5.3.1.2 Where a Sample is collected during Out-of-Competition Testing conducted at the instance of the BCCI, there shall only be an anti-doping rule violation under Article 2.1 if a substance (or its Markers or Metabolites) that is prohibited in Out-of-Competition Testing – i.e. a substance that is listed in the section of the Prohibited List entitled “Substances and Methods Prohibited At All Times (In- and Out-of-Competition)” - is present in the Sample.

5.3.1.3 For the avoidance of doubt, a Cricketer may be selected for Out-of-Competition Testing at the instance of the BCCI at any time and place, whether or not he/she has been included in the National Registered Testing Pool. The timing of Out-of-Competition Testing and the selection of Cricketers to be tested shall be at the discretion of the BCCI. The BCCI’s decisions relating to timing and selection of Cricketers for Out-of-Competition Testing shall remain confidential except to those with a reasonable need to know of them in order to facilitate such Testing.

5.3.2 Additional Obligations on Cricketers Included in the International Registered Testing Pool, National Player Pool and/or National Registered Testing Pool

5.3.2.1 In addition to the general obligation on all Cricketers to submit to Testing (including Out-of-Competition Testing) at the instance of the BCCI at any time and place:

(a) the ICC shall establish a pool of international cricketers (the “International Registered Testing Pool”) who are required to provide up-to-date whereabouts information to the ICC and to make themselves available for Testing at such whereabouts in accordance with the ICC Code; and

(b) the ICC may from time to time, establish further criteria identifying an additional pool of Cricketers to be known as the “National Player Pool” (or similar), who, together with the applicable member board, may be required to file and update certain additional whereabouts information in accordance with such filing requirements (and subject to the potential sanctions for non-compliance) that the ICC may determine appropriate.

(c) the BCCI may establish a pool of Cricketers (the “National Registered Testing Pool”) who shall be personally responsible for complying with separate “whereabouts” regulations issued by the BCCI pursuant to this Article 5.3.2.1, including: (i) providing written notification to the BCCI of their whereabouts in the manner specified by the BCCI in the “whereabouts” regulations; (ii) updating that whereabouts information as specified in the “whereabouts” regulations so that it remains accurate and complete at all times; and (iii) making themselves available for Testing at such whereabouts in accordance with the BCCI’s “whereabouts” regulations.

5.3.2.2 Subject to the results management provisions referenced at Article 7.4:

(a) the failure of a Cricketer in the National Registered Testing Pool to advise the BCCI of his/her whereabouts in accordance with the BCCI’s “whereabouts” regulations shall be deemed a Filing Failure for purposes of Article 2.4; and

(b) the failure of a Cricketer in the National Registered Testing Pool to be available for Testing at his/her declared whereabouts in accordance with the BCCI’s “whereabouts” regulations shall be deemed a Missed Test for purposes of Article 2.4.

5.3.2.3 A Cricketer will be notified in writing of his/her inclusion by the BCCI in the National Registered Testing Pool. He/she must continue to comply with the “whereabouts” regulations issued by the BCCI pursuant to Article 5.3.2.1unless and until either:

(a) the BCCI informs him/her in writing that he/she is no longer in the National Registered Testing Pool; or

(b) the Cricketer retires from his/her sport in accordance with Article 1.6.

5.4 Testing of Minors

5.4.1 Testing of a Cricketer who is a Minor shall be conducted at the instance of the BCCI in accordance with Annex C of the International Standard for Testing (Modifications for Cricketers who are Minors).

5.4.2 A Minor may not participate in any cricket conducted under the jurisdiction of the BCCI unless a parent or guardian of that Minor has consented to Testing of the Minor in accordance with Article 5.4.1. For purposes of the Rules, such consent shall be deemed from the fact that the Minor has been permitted by his/her parent or guardian to participate in the sport. Confirmation in writing of such consent may be required to be provided at any time. Where the Minor is included in the National Registered Testing Pool, such consent must be confirmed upon notification of inclusion in the pool as a pre-condition to further participation in the sport. In addition, the rules of a particular Competition may require the provision of written consent pursuant to this Article 5.4 as a pre-condition to a Minor’s participation in the Competition.

5.5 Liability for Testing

Although every reasonable effort will be made to avoid inconvenience to the Cricketer being tested, no liability shall arise on the part of the BCCI or any of its respective members, directors, officers, employees, agents or representatives for any inconvenience or loss arising on the part of the Cricketer as a result of such Testing at the instance of the BCCI. 

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