Sunday Trading (Amendment) Law, 2016

No. 48 dated 22nd June, 2016.

(LAW 4 OF 2016)

Law 4 of 2016.

I Assent

Helen Kilpatrick

Governor.

17th June, 2016

A LAW TO AMEND THE SUNDAY TRADING LAW (2014 REVISION) TO EMPOWER TRADE OFFICERS AND THE DIRECTOR OF THE DEPARTMENT OF COMMERCE AND INVESTMENT TO ENFORCE THE LAW; AND FOR INCIDENTAL AND CONNECTED PURPOSES

ENACTED by the Legislature of the Cayman Islands. (1) This Law may be cited as the Sunday Trading (Amendment) Law, (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet. The Sunday Trading Law (2014 Revision) is amended by repealing section 2 and substituting the following section - “Definitions In this Law - Short title and commencement Repeal and substitution of section 2 of the Sunday Trading Law (2014 Revision) - definition

Law 21 of “Director” means the Director of the Department of Commerce and Investment; “prohibited day” means a Sunday, Good Friday or Christmas Day; and “trade officer” means a public officer in the Department of Commerce and Investment appointed as such under the Trade and Business Licensing Law , 2014 (Law 21 of 2014).”. The Sunday Trading Law (2014 Revision) is amended by repealing section 4 and substituting the following section - “Powers of Director, trade officers and police to enforce the Law

(1) The Chief Officer of the ministry with responsibility for commerce, or the Chief Officer’s designate, shall assign trade officers to carry out the duties of trade officers under this Law. (2) A trade officer shall have the authority and power to carry out instructions which may be given by the Director in accordance with this Law and may exercise on behalf of the Department of Commerce and Investment, any powers granted to it under this Law. (3) Each trade officer assigned under this section shall be provided with an identification card prepared and signed by the Chief Officer, or the Chief Officer’s designate, and the identification card shall contain the photograph of the respective trade officer. (4) The Director and a trade officer shall have all the rights, powers, privileges and immunities of a constable when discharging their duties under this Law. (5) The Director, a trade officer, or a constable, may require any person who is not in compliance with section 3 to close the place of business concerned and it shall be the duty of that person to comply with the requirement without delay. (6) The Director, a trade officer, or a constable, on proof of identity, may enter on and inspect any commercial premises in the Islands or any place within the curtilage of such premises at any time when the business is open to the Repeal and substitution of section 4 of the Sunday Trading Law (2014 Revision) - powers of police

public, for the purpose of detecting any breach of this Law or of any licence, and in the case of a trade officer or a constable, upon discovering any breach of this Law or any licence, shall forthwith report any such breach to the Director. (7) Any person who prevents the entry of any licensed premises, or any place within the curtilage thereof, by the Director, a trade officer, or a constable, or obstructs the Director, a trade officer, or a constable, in the execution of their duty under this Law, commits an offence and may be liable to penalties imposed under section 9 of this Law.”.

Passed by the Legislative Assembly the 6th day of May, 2016.

Julianna O’Connor-Connolly Speaker.

Zena Merren-Chin Clerk of the Legislative Assembly.