The Cayman Islands Constitution (Amendment) Order 2020

Amendment of section 32 of the Constitution

4.—(1) Section 32 of the Constitution (exercise of the Governor’s functions) is amended as follows.

(2) In subsection (1), for “subsection (2)” substitute “subsections (2) and (5) to (8)”.

(3) In subsection (2), omit paragraph (c).

(4) For subsection (5), substitute—

“(5) Before exercising any function with respect to any matter mentioned in section 55(1)(a), (b) or (c), the Governor shall consult the Cabinet.

(6) For the avoidance of doubt, the Governor may act against any advice given to him or her by the Cabinet under subsection (5);

(7) The Governor is not obliged to consult the Cabinet concerning any function with respect to any matter mentioned in section 55(1)(a), (b) or (c) in any case in which the Governor considers, acting in his or her discretion—

(a) it is in the public interest that he or she should act without consulting the Cabinet;

(b) the matters to be decided are too trivial to require the advice of the Cabinet; or

(c) the matters to be decided are too urgent to admit the Governor obtaining the advice of the Cabinet by the time within which the Governor considers it may be necessary for him or her to act.

(8) The Governor is not obliged to consult the Cabinet with respect to any matter mentioned in section 55(1)(d).

(9) When the Governor acts in accordance with subsection 7(c), he or she shall, as soon as reasonably practicable thereafter, inform the Cabinet.”.