The Cayman Islands Constitution Order 2009

Determination of questions as to membership of the Legislative Assembly

66.—(1) Any question whether a person has been validly elected as a member of the Legislative Assembly, or whether an elected member of the Assembly has vacated his or her seat in it, shall be determined by the Grand Court, whose decision shall be final and not subject to any appeal.

(2) An application to the Grand Court for the determination of any question whether a person has been validly elected as a member of the Legislative Assembly may be made by—

(a) a person who voted or had the right to vote at the election to which the application relates;

(b) a person claiming to have had the right to be returned at such election;

(c) a person alleging himself or herself to have been a candidate at such election; or

(d) the Attorney General.

(3) An application to the Grand Court for the determination of any question whether an elected member of the Legislative Assembly has vacated his or her seat in it may be made by—

(a) any elected member of the Assembly; or

(b) the Attorney General.

(4) If any application referred to in subsection (2) or (3) is made by a person other than the Attorney General, the Attorney General may intervene and may then appear or be represented in the proceedings.

(5) A law enacted by the Legislature may make provision with respect to—

(a) the time within which, the circumstances and manner in which and the imposition of conditions under which, any application may be made to the Grand Court for the determination of any question under this section;

(b) the powers, practice and procedure of the Grand Court in relation to any such application.

(6) In the exercise of the powers conferred on him or her by this section and section 67, the Attorney General shall not be subject to the direction or control of any other person or authority.