News & Events Governing Body Endorsement Requirements for Cricket | Governing Body Endorsement Requirements for Cricket |
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The following pages provide a very brief overview explanation of the Government’s points-based immigration system. It explains how the system works and what it means for cricket clubs seeking to employ migrant workers as players and coaches.
Who does the system apply to? How the system works What are the tiers? • The sportspersons category of Tier 2 of the Points-Based System is for elite sports people and coaches who are internationally established at the highest level, whose employment will make a significant contribution to the development of their sport at the highest level in the UK and who intend to base themselves in the UK. • The sportspersons category of Tier 5 of the Points-Based System is for internationally established sports people at the highest level in their sport and/or whose employment will make a significant contribution to the development and operation of that particular sport in the UK. It is also for coaches who must be suitably qualified to fulfil the role in question. The ECB application process for Tiers 2 and 5 applications for the 2012 season will open on Monday 19 September 2011. Clubs who want to be able to bring in migrant workers should apply for a sponsor licence with the UK Border Agency as soon as possible if they are not already sponsors from an earlier season. The role of the club in the process – Acting as the individual’s sponsor For clubs to become sponsors, they will need to obtain approval from the England and Wales Cricket Board in the form of a governing body endorsement of their application for a licence. The purpose of an endorsement for a prospective sponsor is to confirm to the UK Border Agency officials processing sponsor applications that the application is from a bona fide sports club or equivalent that has a legitimate requirement to bring migrants to the UK as sportspeople. Sponsorship plays two main roles in the Points-Based System application process: Once licensed, the sponsor will be able to apply for certificates of sponsorship, which it will allocate to migrants coming here to work for it. The issue of a certificate of sponsorship authorises the migrant to apply for entry clearance but does not mean that his or her application will succeed. The UK Border Agency will make the final decision about who is allowed to come here. The migrant will need to obtain sufficient points and their personal or immigration history will be considered as part of the entry clearance. Each migrant that a club wish to employ needs to be offered a Certificate of Sponsorship by the club. However, before a club can issue a Certificate of Sponsorship to a sportsperson, they will also have to obtain an endorsement from the England and Wales Cricket Board for all applications made for individual sports people and coaches. The purpose of an endorsement for a migrant is to confirm that he/she is an internationally established sportsperson at the highest level, will make a significant contribution to the development of his/her sport at the highest level in the UK and that it is appropriate to fill the post from outside the European Economic Area. Most migrants wanting to come to the UK under Points-Based System will need prior entry clearance, which they will not be allowed to apply for without a Certificate of Sponsorship. However, a Certificate of Sponsorship in no way guarantees that a visa will be issued. Endorsements for migrants and sponsors will be required for each Certificate of Sponsorship to be issued, that is for initial, change of employment and extension applications. A separate endorsement will be required for each Tier that a sponsor wishes to sponsor under. For example, if a sponsor is already licensed under Tier 2 they would still need a governing body endorsement to also register as a sponsor under Tier 5. The next section provides details of the criteria required by both the sponsors and the migrants that must be fulfilled for the England and Wales Cricket Board to provide a Governing Body Endorsement under the Points-Based System for migrants seeking work as a cricketer and/or cricket coach. Applications for extensions of Governing Body Endorsements in future seasons after 2012 should be made in the same way as an original application for the relevant season to which the extension applies. Any queries relating to the Governing Body Endorsement Process should be directed to the England and Wales Cricket Board either in writing to ECB Governing Body Endorsements or by telephone on 020 7432 1210. Tier 2 of the Points Based System For the avoidance of doubt, Tier 2 is primarily applicable within cricket to the First Class Counties only, as well as the Marylebone Cricket Club and the England and Wales Cricket Board. However, County Cricket Boards will be eligible to employ full time coaches through this Tier. Governing Body Endorsement requirements for clubs seeking Tier 2 Sponsor Licenses Governing Body Endorsements for Sponsor Licenses for Tier 2 will be issued for the following bodies: • First Class Counties - as recognised by ECB Governing Body Endorsement requirements for players in First Class Counties for 2012 season For the avoidance of doubt, Governing Body Endorsements will be available for migrants who are seeking employment at the 18 First-Class Counties or the MCC as a player only for the 2012 season. Persons who have a work permit or permission to play under the Points-Based System for previous seasons will need to reapply and satisfy the criteria for the 2012 season. [If the player has a contract for other subsequent seasons then he will need to reapply for each new season and satisfy the relevant criteria for that season in question]. Player-only Governing Body Endorsements will be required for individuals seeking employment at the 18 First-Class Counties in order to register and participate in any of the First Class County 1st or 2nd Xl competitions. Those individuals must not be subject to a provisional suspension or an unexpired period of ineligibility from cricket playing and/or coaching activities as a result of being charged with or found guilty of a corruption offence and/or a doping offence and/or another misconduct offence pursuant to the applicable Codes, Rules and Regulations of the ECB or the ICC and must meet one of the following criteria: a. The cricketer must have played a minimum of one Test Match during the 24 months immediately prior to the date of the Governing Body Endorsement application or 5 Test Matches during the 60 months immediately prior to the date of the Governing Body Endorsement application for his country who must be a Full Member Country of the ICC (Full Members are Australia, Bangladesh, India, New Zealand, Pakistan, South Africa, Sri Lanka, West Indies and Zimbabwe as well as the ECB) which were approved and recorded by the ICC as authorised Test Matches (consisting of five days); or b. During the 24 months immediately prior to the date of the Governing Body Endorsement application the cricketer must have played in at least fifteen One Day Internationals and/or International Twenty20 matches for his country (in both cases his country must be a Full Member Country of the ICC) which were approved and recorded as authorised matches by the ICC ;or c. Be currently centrally contracted to the Cricket Board of the cricketer’s home country and in the current or most recent Test Match or One Day International or International Twenty20 team squad where the home country is a Full Member Country of the ICC; or d. Was granted a work permit as a player-only in 2008 and a Tier 2 Player Only Governing Body Endorsement in 2009, 2010 & 2011. For the avoidance of doubt a player Certificate of Sponsorship with a Governing Body Endorsement under Tier 2 does not allow the player to be employed by a non First Class County or Cricket Club nor register for, nor participate in, matches played by non First Class Counties or Cricket Clubs. Governing Body Endorsement requirements for migrants seeking to be full-time coaches If a Tier 2 sponsor licence holder wishes to apply for Governing Body Endorsement to employ a full-time coach they will have to satisfy the following requirements: • Demonstrate that the individual is either qualified to UK Coaching Certificate (UKCC) 2 or ECB Level II standard or holds a non-UK qualification that is at least equivalent to the ECB Coach (UKCC 2) standard coaching qualification as confirmed by the ECB. Notwithstanding this qualification requirement, the individual will also be required to provide evidence, in writing by a course provider recognised by the ECB, to undertake (or have undertaken) the health and safety and child protection modules of the ECB (UKCC) 2 course within 6 weeks of arrival; and • Demonstrate that the individual has satisfied the ECB vetting process for coaches*; and • Demonstrate that there are no suitable resident workers who are qualified to UKCC 2 level available to do the job. The sponsor will need to provide evidence that the job has been advertised in the most appropriate national medium, such as Wisden Cricketer Magazine, County Club /Board Website or ECB Website which provides the best way of reaching suitably qualified resident workers The individual must not be subject to a provisional suspension or an unexpired period of ineligibility from cricket playing and/or coaching activities as a result of being charged with or found guilty of a corruption offence and/or a doping offence and/or another misconduct offence pursuant to the applicable Codes, Rules and Regulations of the ECB or the ICC. For the avoidance of doubt the coach may not register for, nor participate in, matches played by a First Class County or County Cricket Board as applicable. It is expected that full-time coaches will be employed by the first class cricket counties who are unlikely to appoint someone with no, or limited, coaching experience. Under these circumstances Governing Body Endorsements would normally be issued to coaches for the length of the contract period. Extensions For the avoidance of doubt, Tier 2 Governing Body Endorsements are issued for players by the ECB for a maximum of 12 months only. Governing Body Endorsements for coaches will normally be issued for the length of the contract period up to a maximum of 3 years. Applications for extensions of Governing Body Endorsements in future seasons after 2012 should be made in the same way as an initial application would be made. It will be assessed against the criteria for the relevant season to which the extension applies. Appeals in relation to Governing Body Endorsements Any appeal against an ECB decision not to provide a Governing Body Endorsement shall be submitted, considered and adjudicated in accordance with the published ECB Governing Body Endorsement Appeal Procedure (as amended from time to time). Review of these requirements: *Vetting & Barring Scheme for Overseas Coaches: Tier 5 of the Points Based System Governing Body Endorsement Requirements for Tier 5 Sponsor Licenses Governing Body Endorsements for Tier 5 Sponsor Licenses will be issued to Non First-Class Cricket Clubs who are affiliated to ECB and meet at least one of the following criteria: • they are Clubmark accredited Governing Body Endorsement requirements for migrants in Non First Class Cricket: For the avoidance of doubt, Governing Body Endorsements will be available for migrants who are seeking employment at non first-class cricket clubs as a player-coach only for the 2012 season. Player-coach Governing Body Endorsements will be required by all applicants for the 2012 season. [If the individual has a contract for other subsequent seasons then he will need to reapply for each new season and satisfy the relevant criteria]. The issuing of the Governing Body Endorsement will enable a club to produce a Certificate of Sponsorship, however the issue of a Certificate of Sponsorship only authorises the migrant to apply for entry clearance but does not mean that his or her application will succeed. The UK Border Agency will make the final decision about who is allowed to come here. The migrant will need to obtain sufficient points, and their personal or immigration history will be considered as part of the entry clearance application. In order to obtain the Governing Body Endorsement the migrant must not be subject to a provisional suspension or an unexpired period of ineligibility from cricket playing and/or coaching activities as a result of being charged with or found guilty of a corruption offence and/or a doping offence and/or another misconduct offence pursuant to the applicable Codes, Rules and Regulations of the ECB or the ICC and must meet ALL of the following requirements: a Have played a minimum of: and b Have attained the relevant coaching qualification standard. Notwithstanding this qualification requirement, the individual will also be required to undertake (or have undertaken) the health and safety and child protection modules of the ECB UKCC 2 Coaching course within 6 weeks of arrival; and c must have satisfied the ECB vetting process for coaches. Once the UKCC 2 standard or equivalent has been achieved coaching duties can be undertaken but not before. In order to meet the relevant coaching qualification standard the individual must show he has: (i) attained a qualification of at least ECB Coach (UKCC 2) standard under the structured ECB National Coaching Scheme before undertaking any coaching duties for a club based in the UK; or (ii) evidenced in writing by confirmation from a course provider recognised by the ECB that a place on a course has been booked and a fee collected to undertake, complete and pass an ECB coaching course to at least UKCC 2 level by the end of the relevant season. If the individual fails to complete and pass the course before leaving the UK future Tier 5 endorsements will not be granted until it is proven that a UKCC 2 level or overseas equivalent coaching course has been completed and passed, or (iii) obtained a non UK coaching qualification that is of an equivalent or higher standard to the ECB Coach (UKCC 2) standard It will not be necessary for player-coaches already awarded the previous ECB Level II qualification to be re-accredited as this qualification is of an appropriate level. However, player-coaches who have only attained the previous ECB Level I qualification will need to complete the new ECB Coach (UKCC 2) course to attain the appropriate level before undertaking any coaching duties. In order to gain the maximum benefit from migrant player-coaches, the UK Border and Immigration Agency will allow player-coaches with the appropriate coaching qualifications to undertake coaching duties on a wider scale e.g. under the auspices of the local county cricket board. The ECB also offers an ECB Coaching Assistant course – UKCC 1. This only qualifies an individual to assist a qualified coach and is therefore an insufficient level to meet the Governing Body Endorsement requirements for player-coaches under Tier 5. Governing Body Endorsement requirements for migrants in Non First Class Cricket: full-time coaches – coaches only If a cricket club wishes to apply for a Governing Body Endorsement to employ a full-time coach they will have to satisfy the following requirements: • That the individual is either qualified to UKCC 2 or ECB Level II standard or holds a non UK qualification that is at least equivalent to the ECB Coach (UKCC 2) standard coaching qualification as confirmed by the ECB. Notwithstanding this qualification requirement the individual will also be required to undertake (or have undertaken) the health and safety and child protection modules of the ECB UKCC 2 Coaching course within 6 weeks of arrival; and • That there are no suitable resident workers who are qualified to UKCC 2 level available to do the job. The club will need to provide evidence that the job has been advertised in the most appropriate national medium, such as Wisden Cricketer Magazine, County Club /Board Website or ECB Website which provides the best way of reaching suitably qualified resident workers; and • That the individual has satisfied the ECB vetting process for coaches. The individual must not be subject to a provisional suspension or an unexpired period of ineligibility from cricket playing and/or coaching activities as a result of being charged with or found guilty of a corruption offence and/or a doping offence and/or another misconduct offence pursuant to the applicable Codes, Rules and Regulations of the ECB or the ICC. For the avoidance of doubt the coach may not register for, nor participate in, matches played by the cricket club, nor may the coach engage in any playing or coaching activity in the Tier 2 environment. Out of season coaching If a cricket club wish to employ a coach or player-coach outside the cricket season, where coaching is part of a nationally recognised initiative, they will have to satisfy the following criteria: • That there are no suitable resident workers who are qualified to UKCC 2 level available to do the job. The club will need to provide evidence that the job has been advertised in the most appropriate national medium, such as Wisden Cricketer Magazine, County Club /Board Website or ECB Website which provides the best way of reaching suitably qualified resident workers; and • provide proof that the individual has attained the relevant coaching qualification standard. Notwithstanding this qualification requirement, the individual will also be required to undertake (or have undertaken) within 6 weeks of arrival the health and safety and child protection modules of the ECB UKCC 2 coaching course; and • that the individual has satisfied the ECB vetting process for coaches. The individual must not be subject to a provisional suspension or an unexpired period of ineligibility from cricket playing and/or coaching activities as a result of being charged with or found guilty of a corruption offence and/or a doping offence and/or another misconduct offence pursuant to the applicable Codes, Rules and Regulations of the ECB or the ICC. Once the UKCC 2 standard or equivalent has been achieved coaching duties can be undertaken but not before. In order to meet the relevant coaching qualification standard the individual must show they have: (i) attained a qualification of at least ECB Coach (UKCC 2) standard under the structured ECB National Coaching Scheme before undertaking any coaching duties for a club based in the UK; or (ii) obtained a non UK coaching qualification that is of an equivalent or higher standard to the ECB Coach (UKCC 2) standard. An example of a nationally recognised initiative is the 5 Hour Offer through the PE, School Sport and Young People scheme. It involves coaches going into schools on a year round programme, which means coaches will be required beyond the normal cricket season. Coaches or player/coaches involved in this programme must complete the ECB ‘Coaching in Schools’ module before undertaking coaching duties in schools. Extensions For the avoidance of doubt, Governing Body Endorsements in Tier 5 for player coaches and coaches are issued by the ECB for a maximum of 12 months only. Applications for extensions of Governing Body Endorsements in future seasons after 2012 should be made in the same way as an initial application would be made. It will be assessed against the criteria for the relevant season to which the extension applies. Appeals in relation to Governing Body Endorsements Any appeal against an ECB decision not to provide a Governing Body Endorsement shall be submitted, considered and adjudicated in accordance with the published ECB Governing Body Endorsement Appeal Procedure (as amended from time to time). Review of these requirements: *Vetting & Barring Scheme for Overseas Coaches: How to apply for Governing Body Endorsements for Tier 2 and Tier 5 Sponsor Licences for Clubs First Class Counties and the Marylebone Cricket Club and the England & Wales Cricket Board should use Annex A: Tier 2 Sponsor Licence Governing Body Endorsement Application Form. County Cricket Boards should use Annex H: Tier 2 Sponsor Licence Governing Body Endorsement Application. Non First-Class Cricket Clubs should use Annex B: Tier 5 Sponsor Licence Governing Body Endorsement Application Form. All potential sponsors should note that the purpose of an endorsement for a prospective sponsor is to confirm to the UK Border Agency officials processing sponsor applications that the application is from a bona fide sports club or equivalent that has a legitimate requirement to bring migrants to the UK as sportspeople. The UK Border Agency has additional criteria for sponsors that must be met in order for a cricket club to be granted a Sponsor Licence. It is not the England and Wales Cricket Board that will grant a Sponsor Licence to a club. There is an administration fee of £24 for each Governing Body Endorsement for Sponsor Licences. Cheques must be included with applications, made payable to England and Wales Cricket Board. How to apply for Governing Body Endorsements for Tier 2 and Tier 5 migrant applications Once a cricket club has obtained their Sponsor Licence from the UK Border Agency, the sponsor will be able to apply for Certificates of Sponsorship, which it will allocate to migrants coming here to work for it. Each migrant that a club wish to employ needs to be offered a Certificate of Sponsorship by the club. However, before a club can issue a Certificate of Sponsorship to a sportsperson, they will also have to obtain an endorsement from the England and Wales Cricket Board for all applications made for individual sports people and coaches. The purpose of a endorsement for a migrant is to confirm that he/she is an internationally established sportsperson at the highest level, will make a significant contribution to the development of his/her sport at the highest level in the UK and that it is appropriate to fill the post from outside the European Economic Area. The issue of a certificate of sponsorship authorises the migrant to apply for entry clearance but does not mean that his or her application will succeed. The UK Border Agency will make the final decision about who is allowed to come here. The migrant will need to obtain sufficient points and their personal or immigration history will be considered as part of the entry clearance application First Class Counties and the Marylebone Cricket Club and the England & Wales Cricket Board should use Annex C: Tier 2 Migrant Governing Body Endorsement Application Form (Player Only) or Annex D: Tier 2 Migrant Governing Body Endorsement Application Form (Coach). Non First-Class Cricket Clubs should use Annex E: Tier 5 Migrant Governing Body Endorsement Application Form (player/coach) or Annex F: Tier 5 Migrant Governing Body Endorsement Application Form (Coach). There is an administration fee of £35 for each Governing Body Endorsement for Migrant applications. Cheques must be included with applications, made payable to England and Wales Cricket Board. Annex G should be used to assist with evidence submissions in all applications. This form should be used to apply to ECB for a Governing Body Endorsement of an application for a Sponsor Licence under Tier 2 Sports sub-section of the UK Border Agency Points Based System for Managed Migration Please complete all sections of the form below unless otherwise indicated:
Address: ………………………………………………………………………………. ………………………………………………………………………………………….. ………………………………………………………………………………………….. ………………………………………………………………………………………….. Contact Name and position: ………………………………………………………... Telephone Number: …………………………………………………………………. Fax Number: ………………………………………………………………………… Email …………………………………………………………………………………… Signature…………………………………………….Date of application…………….
None • Enclosed cheque for £24 made payable to “England and Wales Cricket Board” Please send this form to: Or fax to: 020 7289 5619 (and forward cheque by post) The information on this form may be disclosed to the UK Border Agency in the event that they investigate the England and Wales Cricket Board processes and procedures This form should be used to apply to ECB for a Governing Body Endorsement of an application for a migrant under Tier 2 Sporting Sub-Section of the UK Border Agency Points Based System for Managed Migration Please complete all sections of the form below unless otherwise indicated:
Address: …………………………………………………… …………………………………………………… …………………………………………………… …………………………………………………… Name of Club: …………………………………………………… Club Contact Name and position: ………………………………………………… Telephone Number: …………………………… Fax Number:…………………………………… Email:…………………………………………. • Not subject to an ECB or ICC provisional suspension or an unexpired period of ineligibility from playing and/or coaching activities. • 1 Test match in past 24 months or 5 Test matches in past 60 months (please provide evidence of date & details of matches) • 15 ODIs and/or International T20s in past 24 months (please provide evidence of date & details of matches) • Centrally contracted and member of most recent Test Match or ODI or International Twenty20 squad (please provide evidence through letter from Home Board confirming central contract and membership of most recent international squad) • Player-only work permit for 2008 & Tier 2 GBE 2009, 2010 & 2011 (please provide evidence through a copy of 2008 Work Permit & 2009, 2010 & 2011 Tier 2 GBEs) • Enclosed cheque for £35 made payable to “England and Wales Cricket Board”
Signature…………………………………………….Date of application……………. Please send this form to: ECB Governing Body Endorsements The information on this form may be disclosed to the UK Border Agency in the event that they investigate the England and Wales Cricket Board processes and procedures This form should be used to apply to ECB for a Governing Body Endorsement of an application for a migrant under Tier 2 Sporting Sub-Section of the UK Border Agency Points Based System for Managed Migration Please complete all sections of the form below unless otherwise indicated:
Address: …………………………………………………… …………………………………………………… …………………………………………………… …………………………………………………… Club Contact Name and position: ………………………………………………… Telephone Number: …………………………… Fax Number:…………………………………… Email:…………………………………………. Please provide evidence as stated below to meet the criteria, either:
• UKCC 2 or ECB Level II (please provide evidence of date & details of course and copy of certificate) • Non – UK coaching qualification that is of an equivalent or higher standard to the ECB UKCC 2 (please provide evidence of date & details of course and copy of certificate) • Enclosed cheque for £35 made payable to “England and Wales Cricket Board” Signature…………………………………………….Date of application……………. Please send this form to: The information on this form may be disclosed to the UK Border Agency in the event that they investigate the England and Wales Cricket Board processes and procedures This form should be used to apply to ECB for a Governing Body Endorsement of an application for a Sponsor Licence under Tier 5 of the UK Border Agency Points Based System for Managed Migration Please complete all sections of the form below unless otherwise indicated:
Club Address: …………………………………………………… …………………………………………………… …………………………………………………… Telephone Number: …………………………… Fax Number:…………………………………… Email:…………………………………………. Please indicate which of the following criteria are met: (and provide evidence for at least one along with payment) • ECB Clubmark Accredited Club (please provide evidence of ECB Clubmark certificate stating Clubmark number) • ECB Chance to Shine Club (please provide evidence of Chance to Shine Club status through County Board letter of confirmation). • ECB Premier League – Top 2 Division participation (please provide evidence through letter from league Secretary confirming club’s participation in 2012 league competition) • ECB designated Professional League participation (please provide evidence through letter from league Secretary confirming club’s participation in 2012 league competition) – Please note it is currently intended that this criteria will no longer be available after 2012 season. • Enclosed cheque for £24 made payable to “England and Wales Cricket Board” Signature…………………………………………….Date of application……………. Please send this form to: The information on this form may be disclosed to the UK Border Agency in the event that they investigate the England and Wales Cricket Board processes and procedures This form should be used to apply to ECB for a Governing Body Endorsement of an application for a migrant under Tier 5 of the UK Border Agency Points Based System for Managed Migration Please complete all sections of the form below unless otherwise indicated:
Sponsor Club/Correspondence Address: …………………………………………………… …………………………………………………… …………………………………………………… …………………………………………………… Club Contact Name and position: ………………………………………………… Telephone Number: …………………………… Fax Number:…………………………………… Email:…………………………………………. • Not subject to an ECB or ICC provisional suspension or an unexpired period of ineligibility from playing and/or coaching activities • 5 First Class and/or ODI and/or International T20 and/or Test and/or U19 World Cup Matches in past 24 months (please provide evidence of date & details of matches) Signature…………………………………………….Date of application……………. Please send this form to: The information on this form may be disclosed to the UK Border Agency in the event that they investigate the England and Wales Cricket Board processes and procedures This form should be used to apply to ECB for a Governing Body Endorsement of an application for a migrant under Tier 5 of the UK Border Agency Points Based System for Managed Migration Please complete all sections of the form below unless otherwise indicated:
Sponsor Club Correspondence Address: …………………………………………………… …………………………………………………… …………………………………………………… …………………………………………………… Name of Club: …………………………………………………… Club Contact Name and position: ………………………………………………… Telephone Number: …………………………… Fax Number:…………………………………… Email:…………………………………………. Please provide evidence as stated below to meet the criteria, either: • Not subject to an ECB or ICC provisional suspension or an unexpired period of ineligibility from playing and/or coaching activities • UKCC 2 or ECB Level II (please provide evidence of date & details of course and/or copy of certificate) • Enclosed cheque for £35 made payable to “England and Wales Cricket Board” Signature…………………………………………….Date of application……………. Please send this form to: Please use this sheet for providing details of matches played:
The information on this form may be disclosed to the UK Border Agency in the event that they investigate the England and Wales Cricket Board processes and procedures This form should be used by County Cricket Boards to apply to ECB for a Governing Body Endorsement of an application for a Sponsor Licence under Tier 2 of the UK Border Agency Points Based System for Managed Migration
…………………………………………………… …………………………………………………… …………………………………………………… …………………………………………………… ………………………………………………….. Contact Name and position: ………………………………………………… Telephone Number: …………………………… Fax Number:…………………………………… Email:………………………………………….
Please send this form to: The information on this form may be disclosed to the UK Border Agency in the event that they investigate the England and Wales Cricket Board processes and procedures
1.1 This document (the Appeal Procedure) sets out the ECB’s procedure for appeals by a cricket club or other applicable employer (each a Club) against the decision of the ECB not to provide a Governing Body Endorsement (GBE) for a sponsor licence in respect of the Club or any given individual migrant (the Migrant). 1.2 All such GBE decisions by the ECB (each a GBE Decision) are made pursuant to the ECB’s published GBE procedure (as amended by the ECB from time to time) and specifically through the ECB’s application of the relevant criteria which forms the substantive element of that procedure and which must be satisfied for the ECB to be able to grant a GBE (the Criteria). 1.3 This Appeal Procedure has been adopted as of midnight 1st September 2010, supersedes any other appeal procedure published by the ECB, forms the entire agreement between the ECB, each Club and each relevant Migrant (together the Parties) as to how the ECB’s GBE Decisions may be challenged and shall remain in place until superseded or amended by the ECB from time to time. 1.4 The Parties agree to submit any dispute concerning any matter connected with or arising out of a GBE Decision for resolution pursuant to this Appeal Procedure. 1.5 The Parties shall treat all decisions made pursuant to this Appeal Procedure as final and binding upon them. 2. SOLE GROUND OF APPEAL 2.1 The sole ground of appeal shall be that there has been a failure by the ECB to correctly apply the relevant Criteria in making a GBE Decision. 2.2 No other grounds of appeal or other challenges in relation to a GBE Decision, including but not limited to any challenge to the form or substance of any or all of the Criteria, can legitimately be made pursuant to this Appeal Procedure. 3. NOTICE OF APPEAL 3.1 This Appeal Procedure is commenced when a Club affected by a GBE decision (the Appellant) submits a written appeal (the Notice of Appeal) to the ECB’s Ethics and Compliance Manager, England & Wales Cricket Board, Lord’s Cricket Ground, London, NW8 8QZ within 14 days of the contested GBE Decision being issued by the ECB to the Club, together with a non-refundable appeal fee of £125. 3.2 The Notice of Appeal must include full details of the basis of the appeal including the precise manner in which the Appellant alleges that the Criteria have not been correctly applied, together with any supporting documentary evidence.
4.1 Upon receiving a Notice of Appeal, the ECB’s Ethics and Compliance Manager shall within 7 days acknowledge receipt to the Appellant and then arrange for an initial judgment on the validity of the appeal to be made by a panel consisting of himself/herself and two members of the ECB Cricket Discipline Commission, (the Evaluation Committee). The Evaluation Committee shall not include any person who was involved in any way in making the original GBE Decision. 4.2 The Evaluation Committee shall determine whether the Notice of Appeal is valid and whether the Appellant’s complaint should be referred to and considered by a sole arbitrator in accordance with section 5 below, having regard to the following three issues: (a) whether the Notice of Appeal has been served in time; (b) whether the Notice of Appeal is based on the sole applicable ground of appeal set out at section 2 above; and (c) whether the Notice of Appeal discloses a prima facie case that the appeal is, on the balance of probabilities, likely to succeed (each a Condition). 4.4 If any one or more of the three Conditions are not satisfied in the majority opinion of the Evaluation Committee, the Notice of Appeal shall be dismissed and no further action shall be taken by any Party. The Appellant and the Migrant shall accept this decision as final and binding on them. 4.5 The decision of the Evaluation Committee, and where the Evaluation Committee does not remit the matter to the sole arbitrator the reasons for their decision, shall be provided in writing to the Appellant as soon as reasonably practicable and in any case normally within 28 days after the receipt by the ECB’s Ethics and Compliance Manager of the Notice of Appeal. 5. ARBITRATION 5.1 In the event that the Evaluation Committee decides to refer an Appellant’s appeal for a decision by a sole arbitrator in accordance with paragraph 4.3, it shall be referred to Sport Resolutions (UK) for final and binding arbitration by a sole arbitrator in accordance with the Appeal Arbitration Procedure set out in Sport Resolutions (UK)’s Arbitration Rules, save as amended by the provisions of this Appeal Procedure (the Arbitration). 5.2 The sole arbitrator shall be appointed by the Executive Director of Sport Resolutions (UK), unless otherwise agreed in writing by all the Parties. 5.3 The Parties agree that the Arbitration shall be conducted without any hearing, on the basis of written submissions only, unless otherwise agreed in writing by all the Parties. 5.4 The sole arbitrator shall be entitled to order one Party to pay another Party’s legal and other costs, subject to a cap of £2,000 (including VAT). 5.5 The Parties agree that the reasons for the sole arbitrator’s decision shall remain confidential. 6. REMEDIES The sole arbitrator shall have the power, in making his/her written decision, either to affirm or to reverse the ECB’s GBE Decision. In the event that the sole arbitrator reverses the ECB’s GBE Decision, he/she shall also direct the ECB to grant a GBE to the Appellant in its own capacity as a sponsor and/or in respect of the relevant Migrant (as applicable) and the ECB shall comply with such direction. Review Process for Governing Body Endorsements Criteria The Governing Body Endorsement criteria within this document apply only to the 2012 season and will be reviewed on an annual basis. Details of the process for review and the method by which clubs may propose changes in these criteria are set out below. The 2012 season criteria were determined by a process of consultation based upon the 2011 criteria for Governing Body Endorsements for cricket. The criteria for Tier 2 were reviewed through public consultation and the ECB Cricket Committee, as well as the ECB Board which has representatives from First-Class and non-First-Class clubs and MCC. The Professional Cricketers Association and other interested parties were also involved in the consultation. The criteria for Tier 5 were reviewed through public consultation as well as the ECB Recreational Cricket Group and the League Cricket Conference which represents over 70 leagues across England and Wales, before being presented to the ECB Board for review. The criteria for Tier 2 will be reviewed on an annual basis through appropriate ECB committees and Board which has representatives from the professional clubs, the Professional Cricketers Association and other interested parties such as the MCC. Clubs who wish to propose changes for the review process to consider must submit those proposals to the ECB Cricket Department at the ECB from 31 January 2012 and by no later than 31st May 2012. The ECB Cricket Committee will submit the criteria to be formally ratified by the ECB Board for submission to UK Border Agency for approval in July 2012. The criteria for Tier 5 will be reviewed through the ECB Recreational Cricket Group and the League Cricket Conference which represents over 70 leagues across England and Wales. Clubs who wish to propose changes for the review process to consider must submit those proposals to the Non-First Class Cricket Department at the ECB from 31st January 2012 and by no later than 31st May 2012. The ECB Recreational Cricket Group will submit the criteria to be formally ratified by the ECB Board for submission to UK Border Agency for approval in July 2012.
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You will have been aware of the questionnaire we distributed earlier in the Summer designed to gauge the thoughts of current players on cricket provision within Suffolk. For your information, please click here for a summary report of the main findings of the questionnaire. Since reviewing the results we have been in discussions with league representatives to debate possible adjustments to league structures to ensure that the findings of the questionnaire are recognised, and where appropriate acted upon. A key insight from the questionnaire was the impact of the cost and distance of travel (particularly at lower levels) in sustaining player numbers and ultimately club existence. You may already be aware that the Two Counties League Management Committee has proposed an adjustment to the league structure for next season (2012). This proposal includes an acceptance of 6 new teams to be included in 3 new regionalised sections incorporating divisions 8 and 9. The proposal will be put forward to the Two Counties AGM on October 10. Both Suffolk Cricket Board and Essex Cricket Board support this proposal, as without action we feel there is a real risk of clubs folding due to the logistical issues of playing cricket. We believe the proposal provides the best opportunity to sustain and ultimately grow participation in our game at all levels. We hope you join us in supporting this proposal. Should you have any queries please do not hesitate in contacting: Andrew Blanchard Cricket Development Officer Suffolk Cricket c/o Suffolk Coastal District Council Melton Hill Woodbridge IP12 1AU 07738 199150 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it |