Cayman Islands (Constitution) Order 1972
| Jurisdiction | UK Non-devolved |
| Citation | SI 1972/1101 |
| Year | 1972 |
1972 No. 1101
CARIBBEAN AND NORTH ATLANTIC TERRITORIES
The Cayman Islands (Constitution) Order 197226thJuly 1972
1stAugust 1972
22ndAugust 1972
At the Court at Buckingham Palace, the 26th day of July 1972
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by section 5 of the West Indies Act 1962(a) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:—
1.—(1) This Order may be cited as the Cayman Islands (Constitution) Order 1972 and shall come into operation on 22nd August 1972.
Citation, commencement, revocation and interpretation.
(2) The instruments mentioned in Schedule I to this Order are revoked on the coming into operation of this Order:
Provided that Part III of the Schedule to the Cayman Islands (Constitution) Order 1965(b) as amended by the Cayman Islands (Constitution) (Amendment) Order 1967(c) shall be revoked on the day notified by the Governor under section 2(1) of this Order.
(3) The Interpretation Act 1889(d) shall apply with the necessary adaptations for the purpose of interpreting and otherwise in relation to this Order as it applies for the purpose of interpreting and in relation to an Act of Parliament.
2.—(1) Schedule 2 to this Order shall have effect as the Constitution of the Cayman Islands as from the date on which the Legislative Assembly of the Cayman Islands is next dissolved after the coming into operation of this Order:
Constitution of Cayman Islands.
Provided that Part II of the said Schedule shall have effect from such later day as may be notified by the Governor of the Cayman Islands by a Cayman Islands Government Notice.
(2) Schedule 2 to this Order may be cited as the Constitution of the Cayman Islands, and references in any law made before this Order to the Cayman Islands (Constitution) Order 1965 or to any particular provision thereof shall be construed, as from the commencement of this Order, as references to the Constitution of the Cayman Islands and to the corresponding provision thereof.
W. G. Agnew.
(a) 1962 c. 19.
(b) S.I. 1965/1860 (1965 III, p. 5588).
(c) S.I. 1967/970 (1967 II, p. 2933).
(d) 1889 c. 63.
Section 1.
SCHEDULE 1
INSTRUMENTS REVOKED BY THIS ORDER
Instrument Reference
The Cayman Islands (Constitution) S.I. 1965/1860
Order 1965 (1965 III, p. 5588)
The Cayman Islands (Constitution) S.I. 1967/970
(Amendment) Order 1967 (1967 II, p. 2933)
The Cayman Islands (Constitution) S.I. 1971/1737
(Amendment) Order 1971 (1971 III, p. 4733)
The Cayman Islands (Legislative Assem-
Bly—Extension of Duration) Order SS.I. 1971/2100
1971 (1971 III, p. 6190)
The Cayman Islands Constitution S.I. 1972/808
(Amendment) Order 1972 (1972 II, p. 2600)
Section 2.
SCHEDULE 2
The Constitution of the Cayman Islands
ARRANGEMENT OF SECTIONS
PART I
The Governor
Section
1. The Governor.
2. Emoluments of Governor.
3. Acting Governor.
4. Governor's deputy.
PART II
Executive Council
5. Executive Council.
6. Tenure of office of members of Council.
7. Governor to consult the Council.
8. Governor may act contrary to advice of Council.
9. Assignment of responsibility.
10. Temporary members of Council.
11. Determination of questions as to membership.
12. Oath by members of Council.
13. Summoning of Council and transaction of business.
14. Presiding in the Council.
15. Submission of questions to Council.
16. Summoning of persons to Council.
PART III
Legislative Assembly
17. Legislative Assembly.
18. Qualifications for elected membership.
19. Disqualifications for elected membership.
20. Tenure of office of members of Assembly.
21. Vacation of seat on sentence.
22. Temporary members of Assembly.
23. Determination of questions as to membership of Assembly.
24. Penalty for sitting or voting in Assembly when unqualified.
25. Qualifications of electors.
26. Disqualifications of electors.
27. Right to vote at elections.
28. Law as to elections.
PART IV
Powers and Procedure in Legislative Assembly
29. Power to make laws.
30. Royal Instructions.
31. Standing Orders.
32. Presiding in Assembly.
33. Assembly may transact business notwithstanding vacancies.
34. Quorum.
35. Voting.
36. Summoning of persons to assist Assembly.
37. Introduction of Bills.
38. Governor's reserved power.
39. Assent to Bills.
40. Return of Bills by Governor.
41. Disallowance of laws.
42. Committees of Assembly.
43. Membership of Committees.
44. Oath of allegiance.
45. Privileges of Assembly and members.
46. Sessions.
47. Prorogation and dissolution.
48. General elections.
PART V
Appeals from the Grand Court
49. Appeals to Court of Appeal for Jamaica; saving.
PART VI
Miscellaneous
50. Interpretation.
51. Public Seal.
52. Grants of land.
53. Governor's power of pardon.
54. Offices and appointments.
55. Discipline.
56. Existing offices and authorities.
57. Existing laws.
58. Powers reserved to Her Majesty.
SCHEDULE TO THE CONSTITUTION
PART I
The Governor
1.—(1) There shall be a Governor of the Cayman Islands who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty's pleasure.
The Governor.
(2) The Governor shall, for the purpose of administering the government of the Islands, have such powers and duties as are conferred or imposed on him by this Constitution or any other law and such other powers as Her Majesty may from time to time be pleased to assign to him, and, subject to the provisions of this Constitution and of any other law by which any such powers or duties are conferred or imposed, shall do and execute all things that belong to his office according to such Instructions, if any, as Her Majesty may from time to time see fit to give him; but no court shall enquire whether or not he has complied with any such Instructions.
(3) A person appointed to the office of Governor shall, before entering upon the functions of that office, make oaths of allegiance and for the due execution of that office in the forms set out in the Schedule to this Constitution.
2. The Governor shall receive such emoluments as may be fixed by a Secretary of State, and those emoluments are hereby charged upon the revenues of the Islands.
Emoluments of Governor.
3.—(1) During any period when the office of Governor is vacant or the Governor is absent from the Islands or is for any other reason unable to perform the functions of his office those functions shall, during Her Majesty's pleasure, be assumed and performed by—
Acting Governor.
(a) such person as Her Majesty may designate in that behalf by Instructions given under Her Sign Manual and Signet or through a Secretary of State; or
(b) if there is no person in the Islands so designated and able to perform those functions, such public officer as the Governor, acting in his discretion, shall by writing under his hand appoint.
(2) Before assuming the functions of the office of Governor, any such person as aforesaid shall make the oaths directed by section 1 of this Constitution to be made by the Governor.
(3) Any such person as aforesaid shall not continue to perform the functions of the office of Governor after the Governor or some other person having a prior right to perform the functions of that office has notified him that he is about to resume or assume those functions.
4.—(1) Whenever the Governor—
Governor's deputy.
(a) has occasion to be absent from the seat of government but not from the Islands; or
(b) has occasion to be absent from the Islands for a period which he has reason to believe will be of short duration; or
(c) is suffering from an illness which he has reason to believe will be of short duration,
he may, by instrument under the public seal, acting in his discretion, appoint any person in the Islands to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor as may be specified in that instrument.
(2) The power and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and a deputy shall conform to and observe all instructions that the Governor, acting in his discretion, may from time to time address to him; but no court shall enquire whether or not he has complied with any such instructions.
(3) A person appointed as a deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by Her Majesty by instructions given through a Secretary of State, or by the Governor, acting in his discretion.
PART II
Executive Council
5. There shall be an Executive Council in and for the Islands which, subject to section 10 of this Constitution, shall consist of—
Executive Council.
(a) three official members, who shall be appointed by the Governor, acting in pursuance of instructions given to him by Her Majesty through a Secretary of State, by instrument under the public seal, from among persons holding public office; and
(b) four elected members, who shall be elected by the elected members of the Assembly from among the elected members of the Assembly.
6.—(1) The official members of the Executive Council shall hold their seats in the Council during Her Majesty's pleasure:
Tenure of office of members of Council.
Provided that the seat of an official member shall in any case become vacant—
(a) if he resigns his seat in the Council by writing under his hand addressed to the Governor and the Governor, acting in his discretion, accepts the resignation;
(b) if he is absent from the Islands without the written permission of the Governor, acting in his discretion; or
(c) if he ceases to hold public office.
(2) The seat of an elected member of the Executive Council shall become vacant—
(a) if he resigns his seat in the Council by writing under his hand addressed to and received by...
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