http://www.legislation.gov.uk/id/uksi/2009/1379/schedule/2

http://www.legislation.gov.uk/uksi/2009/1379/schedule/2/paragraph/55/made

The Cayman Islands Constitution Order 2009

Legal services

Courts of law

King's Printer of Acts of Parliament

2012-09-24

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

This Order establishes a new Constitution for the Cayman Islands, to replace the Constitution of 1972. The new Constitution includes, for the first time, a Bill of Rights setting out the fundamental rights and freedoms of the individual and provisions for their enforcement. It provides for a Governor as Her Majesty’s representative in the Islands, and for a Premier and other Ministers who form a Cabinet together with the Deputy Governor and the Attorney General. It provides for an elected Legislative Assembly, which together with Her Majesty forms the Legislature. It provides for a Grand Court and a Court of Appeal as superior courts, and a Judicial and Legal Services Commission to advise on judicial and senior legal appointments. Provision is also made for a Human Rights Commission, a Commission for Standards in Public Life, and a Constitutional Commission. A new National Security Council is established, as is the new office of Director of Public Prosecutions. Provision is also made for the public service, public finance, a Complaints Commissioner, a Register of Interests, and freedom of information.

The Cayman Islands Constitution Order 2009

Order

The Cayman Islands Constitution (Amendment) Order 2020

art. 1(2)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 32(1)

The Cayman Islands Constitution (Amendment) Order 2020

art. 4(2)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 32(2)(c)

The Cayman Islands Constitution (Amendment) Order 2020

art. 4(3)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 32(5)-(9)

The Cayman Islands Constitution (Amendment) Order 2020

art. 4(4)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 44(1)(b)

The Cayman Islands Constitution (Amendment) Order 2020

art. 5(2)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 44(2)

The Cayman Islands Constitution (Amendment) Order 2020

art. 5(3)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 44(5)

The Cayman Islands Constitution (Amendment) Order 2020

art. 5(4)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 48(5)

The Cayman Islands Constitution (Amendment) Order 2020

art. 6(2)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 54A

The Cayman Islands Constitution (Amendment) Order 2020

art. 7

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 58(4)

The Cayman Islands Constitution (Amendment) Order 2020

art. 8

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 58A

58B

The Cayman Islands Constitution (Amendment) Order 2020

art. 9

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 71(1)

The Cayman Islands Constitution (Amendment) Order 2020

art. 10

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 77(2)

The Cayman Islands Constitution (Amendment) Order 2020

art. 11(2)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 77(4)

(5)

The Cayman Islands Constitution (Amendment) Order 2020

art. 11(3)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 80

The Cayman Islands Constitution (Amendment) Order 2020

art. 12

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 124(1)

The Cayman Islands Constitution (Amendment) Order 2020

art. 13(2)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 124(2)(a)

The Cayman Islands Constitution (Amendment) Order 2020

art. 13(3)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 124(2)(c)

The Cayman Islands Constitution (Amendment) Order 2020

art. 13(4)

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 126

The Cayman Islands Constitution (Amendment) Order 2020

art. 14

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 96(1)

The Cayman Islands Constitution (Amendment) Order 2016

art. 3(1)

art. 4

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 97(3)

The Cayman Islands Constitution (Amendment) Order 2016

art. 3(2)

art. 4

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 106(1)

The Cayman Islands Constitution (Amendment) Order 2016

art. 3(3)(a)

art. 4

art. 1(3)

The Cayman Islands Constitution Order 2009

Sch. 2

s. 106(1A)

(1B)

The Cayman Islands Constitution (Amendment) Order 2016

art. 3(3)(b)

art. 4

art. 1(3)

SCHEDULE 2The Constitution of the Cayman Islands

PART IIITHE EXECUTIVE

Special responsibilities of the Governor55

1

The Governor shall be responsible for the conduct, subject to this Constitution and any other law, of any business of the Government with respect to the following matters—

a

defence;

b

external affairs, subject to subsections (3) and (4);

c

internal security including the police, without prejudice to section 58;

d

the appointment (including the appointment on promotion or transfer, appointment on contract and appointment to act in an office) of any person to any public office, the suspension, termination of employment, dismissal or retirement of any public officer or taking of disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service (including salary scales, allowances, leave, passages and pensions) for which financial provision has been made, and the organisation of the public service to the extent that it does not involve new financial provision.

2

The Governor, acting after consultation with the Premier, may assign or delegate to any member of the Cabinet, by instrument in writing and on such terms and conditions as he or she may impose, responsibility for the conduct on behalf of the Governor of any business in the Legislative Assembly with respect to any of the matters listed in subsection (1).

3

The Governor shall not enter, agree or give final approval to any international agreement, treaty or instrument that would affect internal policy or require implementation by legislation in the Cayman Islands without first obtaining the agreement of the Cabinet, unless instructed otherwise by a Secretary of State.

4

The Governor shall, acting after consultation with the Premier, assign or delegate to the Premier or another Minister, by instrument in writing and on the terms and conditions set out in subsection (5), responsibility for the conduct of external affairs insofar as they relate to any matters falling within the portfolios of Ministers, including—

a

the Caribbean Community, the Association of Caribbean States, the United Nations Economic Commission for Latin America and the Caribbean, or any other Caribbean regional organisation or institution;

b

other Caribbean regional affairs relating specifically to issues that are of interest to or affect the Cayman Islands;

c

tourism and tourism-related matters;

d

taxation and the regulation of finance and financial services; and

e

European Union matters directly affecting the Cayman Islands.

5

The terms and conditions referred to in subsection (4) are the following—

a

separate authority shall be required from or on behalf of a Secretary of State for the commencement of formal negotiation and the conclusion of any treaty or other international agreement by the Government;

b

no political declaration, understanding or arrangement in the field of foreign policy shall be signed or supported in the name of the Government without the prior approval of a Secretary of State;

c

a formal invitation to a member of government or Head of State of another country to visit the Cayman Islands shall not be issued without prior consultation with the Governor;

d

the costs of any activities in pursuance of subsection (4) shall be borne by the Government;

e

the Premier or other Minister shall keep the Governor fully informed of any activities in pursuance of subsection (4);

f

the Premier or other Minister shall provide the Governor on request all papers and information, including the text of any instrument under negotiation, available to the Premier or other Minister with respect to any activities in pursuance of subsection (4); and

g

any directions given by the Governor on any matter which in his or her judgement might affect defence or security shall be complied with.

6

In the event of any disagreement regarding the exercise of any authority delegated or assigned under subsection (4), the matter shall be referred to a Secretary of State whose decision on the matter shall be final and whose directions shall be complied with.

7

The Governor may, by directions in writing and with the prior approval of a Secretary of State, delegate or assign such other matters relating to external affairs to the Premier or another Minister designated by the Premier as the Governor thinks fit on such conditions as he or she may impose.