IPC Anti-Doping Code. Article 21 - Amendment and interpretation of this code

21.1 This Code may be amended from time to time by the IPC Governing Board

21.2 The Comments annotating various provisions of this Code shall be used to interpret the Code

21.3 This Code, adopted pursuant to the applicable provisions of the WADC, shall be interpreted as an independent and autonomous text and not by reference to any other existing law or statutes except the WADC

21.4 The headings used for the various Parts and Articles of this Code are for convenience only and shall not be deemed part of the substance of these Anti-Doping rules or to affect in any way the language of the provisions to which they refer

21.5 The Preamble, IPC Anti-Doping Code Administration and Glossary shall be considered integral parts of this Code

21.6 This Code shall not apply retrospectively to matters pending before the date the Code is approved by the IPC Governing Board and implemented in its rule. However, pre-Code Anti-Doping Rule Violations would continue to count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for new violations

21.7   Transitional Provisions

21.7.1 The 2009 Code shall apply in full after 1 January 2009 (the "Effective Date").

21.7.2 Non-Retroactive Unless Principle of Lex Mitior Applies

With respect to 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, the case shall be governed by the substantive Anti-Doping rules in effect at the time the alleged Anti-Doping Rule Violation occurred unless the body hearing the case determines the principle of Lex Mitior appropriately applies under the circumstances of the case.

21.7.3 Application to Decisions Rendered Prior to the 2009 Code

With respect to cases where a final decision finding an Anti-Doping Rule Violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to the IPC to consider a reduction in the period of Ineligibility in light of the 2009 Code. Such application must be made before the period of Ineligibility has expired. The decision rendered by the IPC may be appealed pursuant to Article 13.2. The 2009 Code shall have no application to any Anti-Doping Rule Violation case where a final decision finding an Anti-Doping Rule Violation has been rendered and the period of Ineligibility has expired.

21.7.4 Application to Specific Pre-Code Violations

For purposes of applying Article 10.7.1, a pre-Code Anti-Doping Rule Violation where the violation involved a substance which is categorized as a Specified Substance under the 2009 Code and the period of Ineligibility imposed was less than two (2) years, the pre-Code violation shall be considered a Reduced Sanction (RS).

[Comment to Article 21.7.4: Other than the situation described in Article 21.7.3, where a final decision finding an Anti-Doping Rule Violation has been rendered prior to the Code or under the Code before the 2009 Code and the period of Ineligibility imposed has been completely served, the 2009 Code may not be used to re-characterize the prior violation.]