The Cayman Islands (Constitution) (Amendment) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/1515
Year2003

2003 No. 1515

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

The Cayman Islands (Constitution) (Amendment) Order 2003

Made 12th June 2003

Laid before Parliament 24th June 2003

Coming into force in accordance with section 1(4)

At the Court at Buckingham Palace, the 12th day of June 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 19621and 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:

S-1 Citation, construction and commencement

Citation, construction and commencement

1.—(1) This Order may be cited as the Cayman Islands (Constitution) (Amendment) Order 2003 and shall be construed as one with the Cayman Islands (Constitution) Order 19722(hereinafter referred to as “the principal Order”).

(2) The principal Order and this Order may be cited together as the Cayman Islands (Constitution) Orders 1972 to 2003.

(3) In this Order, “the Constitution” means the Constitution set out in Schedule 2 to the principal Order.

(4) This Order shall come into force on such day as the Governor, acting in his discretion, may appoint by proclamation published in a Government Notice.

S-2 Recommendations for single-member constituencies

Recommendations for single-member constituencies

2. The following new sections are inserted in the Constitution after section 28.

S-28A

Electoral Boundary Commission

28A.—(1) An Electoral Boundary Commission (hereinafter referred to as “the Commission”) shall be appointed by the Governor as soon as practicable after this section comes into force.

(2) The Commission shall consist of—

(a)

(a) a Chairman who shall be appointed by the Governor, acting in his discretion;

(b)

(b) one member appointed by the Governor, acting in accordance with the advice of the Leader of Government Business; and

(c)

(c) one member appointed by the Governor, acting in accordance with the advice of the Leader of the Opposition.

(3) A person shall not be qualified to be appointed as the Chairman of the Commission if he is a member of the Legislative Assembly or a public officer.

(4) The Chairman of the Commission shall vacate his office—

(a)

(a) on the day following the date of submission under section 28B(1) of this Constitution of the report of the Commission;

(b)

(b) if he becomes a member of the Legislative Assembly or a public officer;

(c)

(c) if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(5) Any other member of the Commission shall vacate his office—

(a)

(a) on the day following the date of submission under section 28B(1) of this Constitution of the report of the Commission;

(b)

(b) in the case of the member appointed under subsection (2)(b) of this section, if his appointment is revoked by the Governor, acting in accordance with the advice of the Leader of Government Business;

(c)

(c) in the case of the member appointed under subsection (2)(c) of this section, if his appointment is revoked by the Governor, acting in accordance with the advice of the Leader of the Opposition.

(6) The Commission may regulate its own procedure and, with the consent of the Governor, confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.

(7) For the purpose of the discharge of its functions, the Commission shall invite views from members of the public and may seek such advice as it considers appropriate.

(8) The Commission may act notwithstanding any vacancy in its membership (including any vacancy not filled when appointments of members are first made) and its proceedings shall be valid notwithstanding that some person who was not entitled so to do took part therein:

Provided that any decision of the Commission shall require the concurrence of not less than two members of the Commission.

(9) In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.

S-28B

Functions of Electoral Boundary Commission

28B.—(1) The Commission...

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