The ECB have rejected Middlesex’s appeal against their two point deduction for a slow over rate in their abandoned match against Surrey.

The verdict means Middlesex, who had their match at the Oval called off after a crossbow was fired onto the playing square, are relegated to Division Two after they were defeated by Somerset on the last day of the season.

Somerset’s victory ensured they finished one point above their relegation rivals, but Middlesex managing director of cricket Angus Fraser confirmed the county would be appealing after the abandonment meant they could not recover their over rate.

ECB Cricket Discipline Commission chairman Tim O’Gorman said: “Middlesex have sought to argue that it was only because of the abandonment of the game that they did not make up their overs, but that cannot be entirely correct.

“There was no guarantee that, if the game had run its normal course, those overs could ever have been made up.

“I do not accept that Middlesex only agreed to the abandonment of the match on condition that their slow over rate in the first innings would be overlooked.

“It is not within the power or gift of either the umpires or the players to make deals like that.

“The match was abandoned for safety reasons. Play ended accordingly and the points earned or deducted should stand with effect from that time.”

Somerset last week warned they putting in place contingencies to seek legal action if the ECB had reversed Middlesex’s points deduction upon appeal.

“We’re confident the decision of the ECB is one which will stand,” Somerset chief executive Lee Cooper said.

“However, as a precautionary measure we’ve instructed a leading London-based law firm to prepare our case should the inconceivable happen. If the decision is taken to reinstate the points, we will be well placed to challenge this.”