Health Practice Law (Medical Tourism Provider and Medical Tourism Facility) (Cayman IVF Limited) Order
BillGazette No. 81 dated 24th October, 2018.
A BILL FOR A LAW TO MAKE CONSEQUENTIAL AMENDMENTS TO CERTAIN LAWS DUE TO THE MERGER OF THE LEGAL ASSOCIATIONS; TO PROVIDE FOR THE REGULATION OF CONTINUING EDUCATION FOR ATTORNEYS-AT-LAW INCLUDING CONTINUING EDUCATION IN ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM LEGISLATION; AND FOR INCIDENTAL AND CONNECTED PURPOSES
THE LEGAL ASSOCIATIONS (MISCELLANEOUS AMENDMENTS) BILL, 2018 MEMORANDUM OF OBJECTS AND REASONS This Bill seeks to amend the Legal Practitioners Law (2015 Revision) and the Monetary Authority Law (2018 Revision) due to the merger of the Caymanian Bar Association and the Cayman Islands Law Society. It is advised that the merged associations will now be called the Cayman Islands Legal Practitioners The Bill also seeks to regulate the continuing education of attorneys-at-law. It amends the Legal Practitioners Law (2015 Revision) to provide that the Cabinet may make regulations relating to continuing education after consulting the Cayman Islands Legal Practitioners Association. The Schedule to this Bill sets out the amendments to the Law. It is proposed to amend the Legal Practitioners Law (2015 Revision) as follows - (a) section 19 of the Legal Practitioners Law (2015 Revision), which deals with the Legal Advisory Council, would be amended to change the composition of the Council. Instead of the respective head of two attorneys-at-law in private practice who are the respective heads of the Caymanian Bar Association and the Cayman Islands Law Society or their nominees as members, it is proposed that membership would include the following - (i) two attorneys-at-law in private practice who have ten or more years call to the Bar and who are nominated by the head of the Cayman Islands Legal Practitioners Association; or (ii) as an alternative, the head of the Cayman Islands Legal Practitioners Association, and one attorney-atlaw in private practice who has ten or more years call to the Bar and who is nominated by the head of the Cayman Islands Legal Practitioners Association; (b) the Legal Practitioners Law (2015 Revision), would be amended to provide two new sections dealing with the regulation of attorneys-at-law by the Cayman Islands Legal Practitioners Association and with continuing education.
The new section 22A provides that the objects of the Cayman Islands Legal Practitioners Association include the regulation of
attorneys-at-law to ensure their compliance with anti-money laundering and counter-terrorism legislation.
The new section 22B provides that the Cabinet, after consultation with the Legal Advisory Council and the Council of the Cayman Islands Legal Practitioners Association, may make regulations to provide for continuing legal education and practical training for attorneys-at law, including - (i) continuing legal education and training in anti-money laundering and counter-terrorism legislation; and (ii) giving the Council of the Cayman Islands Legal Practitioners Association the power to direct, in specified circumstances, any attorney or group of attorneys to undertake continuing legal education and training in antimoney laundering and counter-terrorism legislation; the words “anti-money laundering and counter-terrorism legislation” is defined in the Schedule by a proposed amendment to section 2 of the Legal Practitioners Law (2015 Revision). The amendment provides that “anti-money laundering and counterterrorism legislation” means any one of the following - (i) the Proceeds of Crime Law (2018 Revision); (ii) the Terrorism Law (2018 Revision); (iii) the Proliferation Financing (Prohibition) Law (2017 Revision); (iv) any regulations made under the Laws specified in paragraphs (a) to (c); and (v) any other legislation prescribed by regulations;” Also, in the Schedule, it is provided that the Monetary Authority Law (2018 Revision) is amended in Schedule 3 by deleting the words “Cayman Islands Law Society” and “Caymanian Bar Association” and substituting the words “Cayman Islands Legal Practitioners Association”.
A BILL FOR A LAW TO MAKE CONSEQUENTIAL AMENDMENTS TO CERTAIN LAWS DUE TO THE MERGER OF THE LEGAL ASSOCIATIONS; TO PROVIDE FOR THE REGULATION OF CONTINUING EDUCATION FOR ATTORNEYS-AT-LAW INCLUDING CONTINUING EDUCATION IN ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM LEGISLATION; AND FOR INCIDENTAL AND CONNECTED PURPOSES
ENACTED by the Legislature of the Cayman Islands. (1) This Law may be cited as the Legal Associations (Miscellaneous Amendments) Law, 2018. (2) This Law shall come into force by Order made by the Cabinet. The Laws specified in the Schedule are amended as provided in the Schedule. (Section 2) AMENDMENTS TO LAWS The Legal Practitioners Law (2015 Revision) is amended as follows - (a) in section 2, by inserting the following definition its appropriate alphabetical sequence - Short title and commencement General amendments to Laws
“anti-money laundering and counter-terrorism legislation” means any one of the following - (a) the Proceeds of Crime Law (2018 Revision); (b) the Terrorism Law (2018 Revision); the Proliferation Financing (Prohibition) Law (2017 Revision); (d) any regulations made under the Laws specified in paragraphs (a) to (c); and (e) any other legislation prescribed by regulations;” ; (b) in section 19 by repealing paragraph (c) and substituting the following paragraphs - “(c) two attorneys-at-law in private practice who have ten or more years call to the Bar and who are nominated by the head of the Cayman Islands Legal Practitioners Association; or (d) as an alternative to paragraph (c), the head of the Cayman Islands Legal Practitioners Association, and one attorney-at-law in private practice who has ten or more years call to the Bar and who is nominated by the head of the Cayman Islands Legal Practitioners Association;”; and by inserting after section 22 the following sections - “Regulation by the Cayman Islands Legal 22A. The objects of the Cayman Islands Legal shall include the regulation of attorneys-at-law to ensure their compliance with anti-money laundering and counter-terrorism legislation. Regulations relating to continuing legal education 22B. The Cabinet, after consultation with the Legal Advisory Council and the Council of the Cayman Islands Legal may make regulations to provide for continuing legal education and practical training for attorneys-at law, including - (a) continuing legal education and training in anti-money laundering and counterterrorism legislation; and (b) giving the Council of the
Cayman Islands Legal the power to direct, in specified circumstances, any attorney or group of attorneys to undertake continuing legal education and training in anti-money laundering and counterterrorism legislation.”. The Monetary Authority Law (2018 Revision) is amended in Schedule 3 by deleting the words “Cayman Islands Law Society” and “Caymanian Bar Association” and substituting the words “Cayman Islands Legal Practitioners
Passed by the Legislative Assembly the day of , 2018
Speaker.
Clerk of the Legislative Assembly.