2021-0009

A BILL FOR AN ACT TO AMEND THE SUMMARY JURISDICTION ACT (2019 REVISION) TO EMPOWER THE CHIEF JUSTICE TO PRESCRIBE THE SEAL OF THE COURTS; TO PROVIDE FOR THE DESIGNATION OF THE CHIEF MAGISTRATE BY THE GOVERNOR; TO PRESCRIBE THE RESPONSIBILITIES OF THE CHIEF MAGISTRATE; AND FOR INCIDENTAL AND CONNECTED PURPOSES

PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Portfolio of Legal Affairs (PLA)

Objects and Reasons

Memorandum of OBJECTS AND REASONS This Bill amends the Summary Jurisdiction Act (2019 Revision) (the “principal Act”) in order to empower the Chief Justice to prescribe the seal of the courts; to provide for the designation of the Chief Magistrate by the Governor and to prescribe the responsibilities of the Chief Magistrate. Clause 1 provides the short title of the legislation. Clause 2 amends section 2 of the principal Act by inserting a definition of “Chief Magistrate”. Clause 3 amends section 5 of the principal Act to empower the Chief Justice to prescribe the seal of the courts instead of the Governor. Clause 4 inserts new section 6A in the principal Act. The new section provides for the appointment of the Chief Magistrate by the Governor, acting with the advice of the Chief Justice. The new section also provides for the responsibilities of the Chief Magistrate. The new section 6A further provides for the temporary designation of a magistrate as Chief Magistrate by the Governor, during any period where the Chief Magistrate is absent or the office of the Chief Magistrate is temporarily vacant.

Arrangement of Clauses

Clause

Clause 1

A BILL FOR AN ACT TO AMEND THE SUMMARY JURISDICTION ACT (2019 REVISION) TO EMPOWER THE CHIEF JUSTICE TO PRESCRIBE THE SEAL OF THE COURTS; TO PROVIDE FOR THE DESIGNATION OF THE CHIEF MAGISTRATE BY THE GOVERNOR; TO PRESCRIBE THE RESPONSIBILITIES OF THE CHIEF MAGISTRATE; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. Short title This Act may be cited as the Summary Jurisdiction (Amendment) Act, 2021. Amendment of section 2 of the Summary Jurisdiction Act (2019 Revision) - definitions The Summary Jurisdiction Act (2019 Revision), in this Act referred to as the “principal Act”, is amended in section 2 by inserting after the definition of the words “Chief Clerk” the following definition — “ “Chief Magistrate” means the magistrate designated as Chief Magistrate by the Governor in accordance with section 6A;”.

Clause 3

Amendment of section 5 - seal of the courts The principal Act is amended in section 5 by deleting the word “Governor” and substituting the words “Chief Justice”. Insertion of section 6A - designation of Chief Magistrate The principal Act is amended by inserting after section 6 the following section —

“Designation of Chief Magistrate 6A. (1) The Governor, acting with the advice of the Chief Justice, may designate a magistrate appointed under section 6(1) as Chief Magistrate. (2) Subject to any direction given by the Chief Justice, the Chief Magistrate shall be responsible for the day to day oversight of the judicial business of the summary courts and the assignment of cases to the magistrates. (3) The Governor acting with the advice of the Chief Justice may during any period where — (a) the Chief Magistrate is absent; or (b) the office of the Chief Magistrate is temporarily vacant, designate a magistrate appointed under section 6(1) to act temporarily as Chief Magistrate during the period of absence or vacancy.”. Passed by the Parliament the day of

Speaker

Clerk of the Parliament