Human Tissue Donation and Transplant Regulations

Short title Amendment of section 2 of the Cadet Corps Law (2016 Revision) - definitions Amendment of section 3 - establishment of Cayman Islands Cadet Corps Amendment of section 4 - constitution of the Cadet Corps Amendment of section 5 - functions of the Cadet Corps Amendment of section 6 - administration Amendment of section 7 - grant of commission in the Cadet Corps Amendment of section 8 - appointments Amendment of section 9 - enlistments

Amendment of Schedule 1 - ranks of officers of the Cadet Corps Law 40 of 2018. I Assent Martyn Roper Governor. Date: 14th December, 2018 A LAW TO AMEND THE CADET CORPS LAW (2016 REVISION) TO BRING THE LAW INTO ALIGNMENT WITH THE PUBLIC SERVICE MANAGEMENT LAW (2018 REVISIONS); AND FOR INCIDENTAL AND CONNECTED MATTERS ENACTED by the Legislature of the Cayman Islands. This Law may be cited as the Cadet Corps (Amendment) (No. 2) Law, The Cadet Corps Law (2016 Revision), in this Law referred to as the “principal Law”, is amended in section 2 as follows - (a) by deleting the definition of the words “authorised officer” and substituting the following - “ “authorised officer” means - (a) an employed commissioned officer (other than a honorary commissioned officer); (b) an employed non-commissioned officer; or a volunteer;”; (b) by deleting the definition of the word “cadet” and substituting the following - “ “cadet” means a person enrolled in the Cadet Corps and is not less than eleven years of age nor more than twenty years of age;”; by deleting the word “and” after the definition of “rank”; Short title Amendment of section 2 of the Cadet Corps Law (2016 Revision) - definitions (d) by deleting the definition of the word “Unit” and substituting the following - “ “Unit” includes any headquarters company, detachment or other body of the Cadet Corps formed under section 4; and”; and (e) by inserting after the definition of the word “Unit” the following definition - “ “volunteer”, in respect of an officer, means either a noncommissioned officer as appointed by the Commandant under section 8 or a commissioned officer.”. The principal Law is amended in section 3 - (a) in subsection (2) by deleting the word “Governor” and substituting the word “Cabinet”; and (b) by inserting after subsection (2) the following subsection - “(3) The Cabinet shall appoint a Deputy Commandant.”. The principal Law is amended in section 4 as follows - (a) in subsection (1) - (i) by inserting after the word “Commandant” the words “, Deputy Commandant”; and (ii) by deleting the word “other”; and (b) in subsection (2) by deleting the word “Governor” and substituting the words “Cabinet, after consultation with the Cadet Corps Committee,”. The principal Law is amended in section 5 by repealing subsection (2). The principal Law is amended in section 6(3) by inserting after the words “Cadet Corps” the words “unless otherwise authorised by Cabinet”. The principal Law is amended in section 7 as follows - (a) in subsection (1) by deleting the words “in his discretion” and substituting the words “, on the recommendation of the Cabinet acting on the prior recommendation of the Cadet Corps Committee,”; and (b) in subsection (2) by deleting the words “as the Governor may from time to time think proper,”. The principal Law is amended in section 8 as follows - (a) in subsection (1) by deleting the words “to hold office for a period of three years subject to such other terms and conditions Amendment of section 3 - establishment of Cayman Islands Cadet Corps Amendment of section 4 - constitution of the Cadet Corps Amendment of section 5 - functions of the Cadet Corps Amendment of section 6 - administration Amendment of section 7 - grant of commission in the Cadet Corps Amendment of section 8 - appointments as are provided by this Law, the regulations and standing orders made by the Commandant under section 15(1)(b)”; and (b) by repealing subsection (2) and substituting the following subsections - “(2) Non-commissioned officers may be full-time or contracted for such period of time and subject to such terms and conditions as may be agreed. (3) Such appointment shall be subject to the Public Service Management Law (2018 Revision) and Personnel Regulations (2017 Revision).”. The principal Law is amended by repealing section 9 and substituting the “9. A non-commissioned officer shall, at the discretion of the Commandant, be enlisted in the Cadet Corps for a period of one year on probation and may, on the conclusion of such probationary period to the satisfaction of the Commandant, be confirmed by the Commandant in that officer’s rank.”. 10. The principal Law is amended by repealing section 10 and substituting the “10. (1) Any person may be seconded to the Cadet Corps and shall be subject to the authority of the Commandant for disciplinary purposes. (2) The Cabinet may, subject to such conditions as they may impose, approve the appointment of any public officer in the service of Government, by way of secondment, to any office with the Cadet Corps, and any public officer so appointed shall, in relation to discipline, salary, pension, gratuity or other allowance and to other rights and obligations as a public officer, be treated as continuing in the service of Government.”. 11. The principal Law is amended by repealing section 11 and substituting the “11. The Cabinet, on the advice of the Cadet Corps Committee, may appoint such persons as officers of the Cadet Corps, upon such contractual terms as may to them appear expedient.”. 12. The principal Law is amended by repealing section 12 and substituting the Amendment of section 9 - enlistments 10 - secondment to the Cadet Corps 11 - special contracts of appointment 12 - clerks, store-keepers and other employees “12. The Commandant may, appoint from among the authorised officers of the Cadet Corps such clerks, store-keepers and other employees as may be necessary.”. 13. The principal Law is amended in section 15 by inserting after subsection (3) the following subsection - “(4) Standing orders issued by the Commandant pursuant to subsection (1)(b) shall be published in the Gazette.”. 14. The principal Law is amended by repealing section 17 and substituting the “17. (1) An authorised officer shall not take any part in any political organisation or electoral campaign within or outside of the Islands or engage in any other activity which might tend to interfere with the impartial discharge of his duties. (2) An authorised officer, other than a volunteer, shall not engage in any trade, business, employment or office whatsoever, or take part in any commercial undertaking outside the scope of his duties under this Law, except with the prior written approval of the Chief Officer.”. 15. The principal Law is amended by repealing section 18 and substituting the “18. Notwithstanding the provisions under the Public Service Management Law (2018 Revision) , an authorised officer may resign from the Cadet Corps at any time, giving to the Commandant in writing not less than three months’ notice of his intention so to do, and the Commandant may, in any particular case, waive or curtail the period of notice.”. 16. The principal Law is amended in section 19 as follows - (a) by repealing subsection (1) and substituting the following subsection - “(1) The Commandant may, upon the recommendation of the Cadet Corps Committee, discharge from the Cadet Corps any authorised officer where such officer is unlikely to become efficient in the discharge of that officer’s duties; but no authorised officer, other than a volunteer, shall be discharged 15 - general powers of Commandant 17 - political activities 18 - resignations 19 - discharge under this section unless the Commandant has given him one month's notice of the intention to discharge him or, alternatively, one months’ pay in lieu of such notice.”; and (b) in subsection (2)(b) as follows - (i) by deleting the words “or the Governor, in his discretion”; and (ii) by deleting the words “or the Governor, as the case may be,”. 17. The principal Law is amended in section 20 as follows - (a) in subsection (1) by deleting the words “commission, identity card, and all arms, equipment, uniform and other appointments” and substituting the words “badge of rank, identity card, and all arms, equipment, and such other items”; and (b) in subsection (2) by deleting the words “five hundred dollars” and substituting the words “one thousand dollars”. 18. The principal Law is amended in section 21 as follows - (a) in subsection (1) by deleting the words “to his being accepted for such further period or periods of service as may be fixed by contract” and substituting the words “and may, in special circumstances and for such temporary periods, be accepted for such service as may be fixed by contract”; (b) by deleting subsection (3); and in subsection (4) by deleting the words “all authorised officers save such as are employed upon contractual terms applicable to the individual officer which provide for or specifically exclude pension rights” and substituting the words “an authorised officer, other than a volunteer, where that authorised officer is employed upon contractual terms applicable to the individual officer which provide for or specifically exclude pension rights.”. 19. The principal Law is amended by repealing section 22 and substituting the “22. An authorised officer, other than a volunteer, the officer’s spouse and any child of the family who - (a) has not attained the age of eighteen years of age and is unmarried; or (b) has attained the age of eighteen years of age but under the age of twenty-three years of age and is in full time education and is unmarried, 20 - officer ceasing to belong to Cadet Corps to hand over public property in his charge 21 - retirement and pensions 22 - medical privileges shall be entitled to such medical, dental and optical treatment as may be applicable pursuant to the Public Service Management Law (2018 Revision) and Personnel Regulations (2017 Regulations).”. 20. The principal Law is amended by repealing section 23 and substituting the “Ex gratia payment in the event of death or incapacity attributable to performance of duty 23. (1) Where an authorised officer dies within seven years as a result of injuries received - (a) in the actual discharge of his duty and without his own default; or (b) in circumstances specifically attributable to the nature of his duty in the Cadet Corps, it shall be lawful for the Cabinet in their discretion to make out of the funds made available by the Legislative Assembly to his spouse while unmarried and any child of the family who has not attained the age of eighteen years of age or who has not married, an ex gratia payment as the Cabinet may determine. (2) Where an authorised officer is permanently incapacitated as a result of injuries received in the circumstances set out in subsection (1)(a) or (b), it shall be lawful for the Cabinet to grant to that officer, having regard to the degree of the permanent incapacity an ex gratia payment as the Cabinet may determine.”. 21. The principal Law is amended by repealing section 25 and substituting the “Powers of arrest and right to carry arms 25. (1) Any authorised officer may, without an order from a Justice of the Peace and without a warrant, arrest any person who obstructs an authorised officer in the execution of his duty. (2) Notwithstanding the provisions of any Law, members of the Cadet Corps shall be entitled, in the performance of the Cadet Corps’ functions, to carry arms, but no arms shall be carried except with the authority of the Commandant given under and in accordance with the general or special directions of the Cabinet.”. 23 - special pensions in the event of death or incapacity attributable to performance of duty 25 - powers of arrest 22. The principal Law is amended in section 27 as follows - (a) in paragraph (d) by deleting the word “and”; (b) in paragraph (e) by deleting the full stop and substituting a semicolon; and by inserting after paragraph (e) the following paragraphs - “(f) receiving, reviewing and making recommendations on complaints regarding the discipline of the Commandant; (g) reviewing and approving the Standing Orders to be issued by the Commandant under section 15(1)(b) prior to the issue and publication in the Gazette; (h) performing such functions of the Cadet Corps on matters pertaining to the Cadet Corps as the Minister may delegate; (i) ordering an investigation into the operations of the Cadet Corps; (j) where appropriate, directly intervening in the operation of the Cadet Corps where it is in the public interest to do so, by giving general and lawful directions in writing as to the policy to be followed by the Cadet Corps in the performance of its duties and functions; (k) extending policy that applies to the civil service to the Cadet Corps as and when necessary to ensure good governance and best human resource practice; and undertaking a review, investigation or audit of the financial, personnel management or governance practices of the Cadet Corps and may request information concerning such matters from any officer of the Cadet Corps, and the officer concerned shall accede to any such request.”. 23. The principal Law is amended by repealing section 28 and substituting the “28. (1) The Committee shall consist of the following members appointed by Cabinet - (a) a representative from the legal profession; (b) a representative from the Royal Cayman Islands Police; a public officer recommended by the Minister; (d) three other members recommended by the Minister; (e) a member recommended by the Leader of the Opposition; (f) the Commandant shall be ex-officio and shall have no vote on the Committee; and (g) the officer serving as the Training Officer of the Cadet Corps shall be ex-officio and shall have no vote on the 27 - establishment of Cadet Corps Committee 28 - composition (2) The Cabinet shall appoint, from among the members of the Committee, a Chairman who shall be an honorary Colonel, and a Vice Chairman.”. 24. The principal Law is amended in section 30(2) by deleting the word “three” and substituting the word “four”. 25. The principal Law is amended by repealing section 32 and substituting the “32. (1) The person serving as administrative officer of the Cadet Corps shall be the Secretary to the Committee and shall under the supervision of the Chairman prepare the agenda, record the minutes and deal with any other matters of a secretarial nature, but shall have no vote on the (2) The Secretary in the performance of the secretarial duties shall be accountable to and report directly to the Chairman.”. 26. The principal Law is amended by repealing section 33 and substituting the “33. (1) Any person who is between eleven years of age and nineteen years of age may apply to be enrolled in the Cadet Corps. (2) Notwithstanding subsection (1), a cadet who has attained nineteen years of age may remain a cadet only if he is approved by the Commandant to do so but he shall not remain a cadet beyond attaining twenty years of age.”. 27. The principal Law is amended by repealing section 35. 28. The principal Law is amended in section 36(1) by deleting the words “, without the permission of the Commandant,”. 29. The principal Law is amended in section 37(2) as follows - (a) in paragraph (d) by deleting the word “and”; 30 - meetings of 32 -Secretary to the 33 - enrolment in Cadet Corps Repeal of section 35 - failure to obey a lawful order of an authorised officer 36 - Cadet Corps uniform not to be worn without authority 37 - regulations (b) in paragraph (e) by deleting the full stop and substituting a semicolon; and by inserting after paragraph (e) the following paragraph- “(f) for such other matters as may from time to time be necessary for giving effect to the provisions of the Law.”. 30. The principal Law is amended in Part A of Schedule 1 by deleting the words “Commandant of the Cadet Corps”. Passed by the Legislative Assembly the 22nd day of November, 2018. Dr. Hon. W. McKeeva Bush Speaker. Zena Merren-Chin Clerk of the Legislative Assembly. Amendment of Schedule 1 - ranks of officers of the Cadet Corps