{"kind":"expression","expression":{"expr_id":"2268","doc_id":"2268","label":"Immigration (Transition)(Amendment)Act,2021 (Act 3 of 2021)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2021\/3\/eng@2021-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2021\/3\", \"expression\": \"\/akn\/ky\/bill\/2021\/3\/eng@2021-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2021\/3\/eng@2021-01-01.pdf\"}, \"pdf\": {\"md5\": \"f647238fe324de681fe09aa205283d48\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2021\/2021-0003\/2021-0003.pdf\", \"pages\": 40, \"filename\": \"2021-0003.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 13430, \"paragraph_count\": 36, \"text_char_count\": 83294}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"CAYMAN ISLANDS COAST GUARD BILL, A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE CAYMAN ISLANDS COAST GUARD; TO SPECIFY THE DUTIES AND POWERS OF THE CAYMAN ISLANDS COAST GUARD; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Office of the Commissioner of Police (OCP) Cayman Islands Coast Guard Bill, 2021 Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill provides for the establishment of the Cayman Islands Coast Guard, specifies the duties and powers of the Cayman Islands Coast Guard, and provides for incidental and connected purposes thereto. The Bill is divided into seven Parts and contains 35 clauses. PART 1 - PRELIMINARY Part 1 contains clauses 1 and 2 and provides for the preliminary provisions in the Bill. Clause 1 provides the short title of the legislation. Clause 2 provides the interpretation of certain words used throughout the legislation. PART 2 - ESTABLISHMENT AND ADMINISTRATION OF THE COAST GUARD Part 2 contains clauses 3 to 7 and provides for the establishment and administration of the Coast Guard. Clause 3 provides for the establishment of the Coast Guard, which is responsible for, among other things, the maritime enforcement of local laws relating to ensuring the preservation of the safety and security of the Islands. This clause also clarifies that nothing contained in the legislation shall be construed so as to permit the Coast Guard to be organized as a military establishment or to function as such. Clause 4 provides that the Coast Guard shall consist of the Commandant, Deputy Commandant and such ranks as may be specified in Schedule 1. This clause further provides that the Coast Guard shall consist of various detachments, including the Headquarters Detachment, the Sea Detachment, the Shore Detachment and the Sister Islands Detachment. Clause 5 states that the Government shall provide on an annual basis such funding as is necessary for the Coast Guard to carry out its responsibilities. Clause 6 provides for the command and administration of the Coast Guard. The Commandant shall be responsible for the strategic, administrative and operational command of the Coast Guard subject to such strategic directions with respect to the preservation of the maritime safety and the maritime security of the Islands as the Governor may give the Commandant. The Commandant shall also be subject to such strategic policy directions as the chief officer of the Coast Guard may give the Commandant. Clause 7 provides for the delegation of the Governor\u2019s functions to the Premier or, after consultation with the Premier, any other member of Cabinet. The clause also provides that Objects and Reasons Cayman Islands Coast Guard Bill, 2021 Introduced the Governor may, by written notice to the Premier or the other member of Cabinet, at any time, revoke any functions so assigned or delegated. PART 3 - POWERS, DUTIES AND PRIVILEGES Part 3 contains clauses 8 to 13 and provides for the powers, duties and privileges of the Commandant and the Coast Guard. Clause 8 provides for the general powers of the Commandant, who shall have the command, superintendence and direction of the Coast Guard. Among the general powers of the Commandant is the power to make such appointments and promotions in respect of non-commissioned officers of the Coast Guard as the Commandant may see fit. Clause 9 provides for the duties of the Coast Guard, including the duty to \u2014 (a) patrol the territorial sea of the Islands and the high seas; (b) enforce, and assist in the enforcement of, any laws and international maritime conventions, treaties, and instruments relating to the maritime jurisdiction of the Islands, including those for the promotion of safety of life and property at sea, the enforcement of which may extend into the high seas, but shall not extend into the maritime jurisdiction of another state or territory, without that state\u2019s or territory\u2019s express permission; (c) render aid and assistance to persons or vessels in distress and subject to section 6(3)(b)(ix) of the Maritime Authority Act (2013 Revision), to conduct and coordinate all such search and rescue operations, within the search and rescue region of the Islands in accordance with the International Convention on Maritime Search and Rescue, 1979 and any other applicable international conventions; (d) inspect vessels to ensure and enforce compliance with local and international safety laws, regulations, rules and standards; and (e) assist local law enforcement agencies in the execution of their duties where that duty is to be executed in the maritime environment. Clause 10 provides for the Coast Guard\u2019s power of arrest. An officer of the Coast Guard, in the execution of the officer\u2019s duties, may pursue and arrest with or without a warrant a person who commits an arrestable offence or who the officer reasonably suspects of having committed or being about to commit an arrestable offence against any law of the Islands, whether the person has landed or not. Further, an officer of the Coast Guard, in the execution of the officer\u2019s duties, may take such steps as are reasonably justified in the circumstances of the case in order to ensure compliance with any directions given in pursuance of this legislation. Clause 11 provides for the general powers of the Coast Guard. This clause provides that an officer of the Coast Guard, in the execution of the officer\u2019s duties, may \u2014 (a) pursue any vessel in the territorial sea or in any harbour or port of the Islands that the officer suspects is being used in the commission of an offence or in any Cayman Islands Coast Guard Bill, 2021 Objects and Reasons Introduced unlawful operation or enterprise and cause the vessel to be stopped and boarded, or to be stopped, boarded, searched and inspected; (b) search any vessel, and after demand and refusal of any key, break open any receptacle or break down any door, where the officer reasonably suspects that there is on board the vessel any property that has been stolen or unlawfully obtained, or any article prohibited to be exported or imported; (c) direct, for the purposes of any lawful examination, inspection, investigation or inquiry, that the vessel be taken to such place as the officer specifies; and (d) in accordance with clause 12, seize, take into custody and dispose of any vessel or structure the officer may have reason to believe was used in the commission of an offence. It should also be noted that this clause also provides that where an officer of the Coast Guard, in the execution of the officer\u2019s duties, pursues a vessel suspected of being used in the commission of an offence or in any unlawful operation or enterprise, the pursuit of the vessel may extend into the high seas, but shall not extend into the territorial waters of another jurisdiction or breach the established protocols of any applicable international law, convention or treaty. Clause 12 provides for the seizure, custody and disposal of a vessel or structure believed to have been used in the commission of an offence. This clause provides that where such a vessel or structure is seized, the officer shall retain it in secure custody except while it is being used in evidence or is in the custody of any court, until it is disposed of under this provision. Clause 12 also provides that the court may order that the vessel or structure be delivered to the person appearing to the court to be entitled to it or that the vessel or structure be disposed of in such manner as the court thinks appropriate. Clause 13 provides that where vessels or structures are taken into custody, or are being stored, by the Coast Guard, the owner or person last having control of the vessel or structure, unless otherwise determined by the court, shall pay to the Commandant such towing and storage fees as are set out in Schedule 4. PART 4 - APPOINTMENTS, ENLISTMENTS, SERVICE, DISCHARGE AND TERMINATION Part 4 contains clauses 14 to 21 and deals with appointments to, enlistments in, service in and discharge and termination from the Coast Guard. Clause 14 provides for the appointment of officers to the Coast Guard. The Governor shall, by commission under the Governor\u2019s hand, appoint fit and proper persons to be commissioned officers of the Coast Guard. The Commandant shall be responsible for appointing non-commissioned officers of the Coast Guard. Clause 15 provides for the appointment of civilian support staff employees of the Coast Guard. These are persons who work with the Coast Guard but are not officers of the Coast Objects and Reasons Cayman Islands Coast Guard Bill, 2021 Introduced Guard. This clause provides that civilian support staff employees of the Coast Guard shall be recruited at the request of the Commandant and appointed by the chief officer of the Coast Guard in accordance with the Public Service Management Act (2018 Revision). This clause further provides that from the date of a person\u2019s appointment as a civilian support staff employee of the Coast Guard, the person\u2019s employment shall be governed by this legislation and any regulations made under this legislation. Clause 16 provides for the secondment of civil servants and public officers to the Coast Guard. This clause provides that where a civil servant or a public officer is appointed to the Coast Guard, the civil servant or the public officer shall \u2014 (a) continue to enjoy remuneration and pension benefits which are not less favourable than the remuneration and pension benefits to which the civil servant or the public officer was entitled on the day immediately prior to the date of such appointment; (b) be subject to such other terms and conditions as are agreed between the civil servant or the public officer and the Commandant; and (c) from the date of such appointment, be a member of the Coast Guard and all matters relating to that civil servant or public officer shall be governed by this legislation and any regulations made under this legislation. Clause 17 provides that an identity card signed by the Commandant shall be issued to every member of the Coast Guard and shall be evidence of such member\u2019s appointment. Clause 18 provides for resignations from the Coast Guard, and indicates that an officer of the Coast Guard shall resign in accordance with the regulations made under this legislation in relation to personnel, management and discipline. Clause 19 provides for the termination of appointment and discharge from the Coast Guard. This clause provides that the Governor may, in accordance with the regulations made under this legislation in relation to personnel, management and discipline, terminate the appointment of the Commandant or Deputy Commandant. Clause 19 also provides that the Governor may, on the recommendation of the Commandant and in accordance with the regulations made under this legislation in relation to personnel, management and discipline, terminate the appointment of any commissioned officer of the Coast Guard at or below the rank of Lieutenant Commander. The clause further provides that the Commandant may, in accordance with the regulations made under this legislation in relation to personnel, management and discipline, discharge any non-commissioned officer of the Coast Guard. Clause 20 provides for retirement and pensions. This clause provides that a member of the Coast Guard who has attained the age of sixty years shall be retired but may, in special circumstances as determined by the Commandant and for temporary periods, be accepted for such service as may be fixed by contract, and where the member is an officer of the Coast Guard, upon the successful completion of a fitness and medical test by such officer. This clause also provides that officers of the Coast Guard may be called upon to retire in the public interest, on medical grounds, or to improve the efficiency of the Coast Guard. Cayman Islands Coast Guard Bill, 2021 Objects and Reasons Introduced Clause 21 provides for medical privileges of members of the Coast Guard as well as their spouses or civil partners and any children of the family of a member and the member\u2019s spouse or civil partner. This clause also provides that those abovementioned persons are entitled to medical, dental, and optical treatment benefits no less favourable than those treatment benefits as may be applicable to the public service from time to time and any other treatment benefits as may be prescribed. PART 5 - COAST GUARD RESERVE Part 5 contains clauses 22 and 23 and deals with the Coast Guard Reserve. Clause 22 provides that no person shall discriminate with respect to any other person\u2019s conditions of employment by reason of the other person applying to be a reservist, being a reservist, or carrying out duties or obligations as a reservist. Clause 23 provides that a reservist may be called out for obligatory annual service at such place, for such periods and in such manner, as may be prescribed. PART 6 - OFFENCES Part 6 contains clauses 24 and 25 and provides for certain offences in the legislation. Clause 24 provides for the offence of resisting or obstructing an arrest by an officer. A person who commits this offence is liable on summary conviction to a fine or to imprisonment for a term of ten years, or to both. Additionally, the person may be adjudged to make compensation to the officer in addition to or in substitution of that penalty. Clause 25 provides that a person who uses or wears, without authority, the uniform or any decoration of the Coast Guard commits an offence and is liable on summary conviction to a fine of two thousand dollars or to imprisonment for a term of four years, or to both. PART 7 - GENERAL Part 7 contains clauses 26 to 35 and provides for general matters in the legislation. Clause 26 provides that a Coast Guard vehicle, while engaged upon its duties, shall be deemed to be an emergency vehicle as defined under the Traffic Act (2021 Revision). This means that the Traffic Act (2021 Revision) and the regulations made under that Act in relation to emergency vehicles shall apply, with any necessary modifications, to such Coast Guard vehicles. This also means that any offences and penalties under the Traffic Act (2021 Revision) or under regulations made under that Act in relation to emergency vehicles shall apply, with any necessary modifications, to Coast Guard vehicles. Clause 27 provides for ICT licensee\u2019s duties in respect of the Coast Guard. ICT licensees shall, upon the written request of an officer of the Coast Guard of the rank of Lieutenant or above, within the specified timeframe, provide information relating to the current or last known location of an ICT device known or likely to be on board a vessel, for the purposes Objects and Reasons Cayman Islands Coast Guard Bill, 2021 Introduced of the enforcement of any local laws, and other international maritime conventions, treaties and instruments relating to the maritime jurisdiction of the Islands. Clause 28 provides for the regulations which are to be made under the legislation. Clause 29 provides that the Cabinet may by Order amend the Schedules. Clause 30 provides for appeals by members of the Coast Guard who have received disciplinary punishments under the legislation. Clause 31 provides for the establishment of the Coast Guard Legal Protection Fund and the Coast Guard Legal Protection Fund Committee. Clause 32 provides that where any notice, permission, request, or information is to be made in writing or in written form, the notice, permission, request or information may be recorded in electronic form and sent by electronic means. Clause 33 provides that upon the commencement of this legislation, all property of, or assigned to, the Joint Marine Unit of the Royal Cayman Islands Police Service becomes the property of the Coast Guard without transfer, conveyance or assurance. Clause 34 provides for the transition of officers of the Joint Marine Unit of the Royal Cayman Islands Police Service to the Coast Guard. Where such officers join the Coast Guard, the officers shall continue to enjoy remuneration, medical privileges and pension benefits which are not less favourable than the remuneration, medical privileges and pension benefits that applied to the officers in their previous employment. Such officers shall also be subject to such other terms and conditions as are agreed between the officer and the Commandant. Clause 35 deals with the transitional provisions in respect of appointments to the Coast Guard prior to the date of commencement of this legislation. The clause provides that a person who is appointed or purported to be appointed to any position in the Coast Guard prior to the date of the commencement of the legislation shall be deemed on that date to have been appointed in accordance with the legislation. Clause 35 also provides that all acts done or purported to be done in furtherance of the establishment and operation of the Coast Guard prior to the date of the commencement of the legislation shall be deemed on that date to have been done in accordance with the legislation. Schedule 1 contains the ranks of the commissioned and non-commissioned officers of the Coast Guard. Schedule 2 contains the form of the commission conferring rank upon an officer of the Coast Guard. Schedule 3 contains the form of the identity card which is to be issued to members of the Coast Guard. Schedule 4 contains the fees for those vessels or structures in the custody of, or stored by, the Coast Guard. Cayman Islands Coast Guard Bill, 2021 Arrangement of Clauses Introduced CAYMAN ISLANDS COAST GUARD BILL, 2021 Arrangement of Clauses Clause PART 1 - PRELIMINARY 1.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"PART 2 - ESTABLISHMENT AND ADMINISTRATION OF THE COAST GUARD 3. 4. 5. 6.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"PART 3 \u2013 POWERS, DUTIES AND PRIVILEGES 8. 9. 10. 11.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Seizure, custody and disposal of a vessel believed to have been used in the commission\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Arrangement of Clauses Cayman Islands Coast Guard Bill, 2021 Introduced PART 4 - APPOINTMENTS, ENLISTMENTS, SERVICE, DISCHARGE AND TERMINATION 14. 15. 16. 17. 18. 19. 20.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"PART 5 \u2013 COAST GUARD RESERVE 22.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"PART 6 - OFFENCES 24.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"PART 7 - GENERAL 26. 27. 28. 29. 30. 31. 32. 33. 34.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Transitional provisions in respect of appointments to the Coast Guard prior to the date of SCHEDULE 1 Ranks of Officers of the Coast Guard SCHEDULE 2 Form of commission conferring rank upon an officer of the Coast Guard SCHEDULE 3 Identity Card SCHEDULE 4 Fees for vessels or structures in the custody of, or stored by, the Coast Guard Cayman Islands Coast Guard Bill, 2021 Clause 1 Introduced CAYMAN ISLANDS COAST GUARD BILL, 2021 A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE CAYMAN ISLANDS COAST GUARD; TO SPECIFY THE DUTIES AND POWERS OF THE CAYMAN ISLANDS COAST GUARD; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Cayman Islands Coast Guard Act, 2021. 2. Interpretation 2. In this Act \u2014 \u201carmed\u201d means equipped for the use of firearms; \u201cbullet-proof vest\u201d means a vest that is capable of providing protection from the penetration of bullets; \u201cchief officer\u201d \u2014 (a) in relation to the Coast Guard, means the person appointed as chief officer pursuant to the Public Service Management Act (2018 Revision) who has oversight of the Coast Guard; and Clause 2 Cayman Islands Coast Guard Bill, 2021 Introduced (b) where the context otherwise requires, has the meaning assigned by section 2 of the Public Service Management Act (2018 Revision); \u201ccivil servant\u201d means a person employed by an entity other than a public authority and is a public officer as defined by the Constitution; \u201cCivil Service Appeals Commission\u201d means the Civil Service Appeals Commission appointed under section 58 of the Public Service Management Act (2018 Revision); \u201ccivilian support staff employee of the Coast Guard\u201d means a person employed by the Coast Guard who is not an officer of the Coast Guard; \u201cCoast Guard\u201d means the Cayman Islands Coast Guard established under section 3; \u201cCoast Guard Medical Officer\u201d means the officer appointed under section 14(2)(b) who performs such duties as prescribed by regulations; \u201cCoast Guard Reserve\u201d means the Cayman Islands Coast Guard Reserve established under section 3(2)(b) and which is the reserve component of the Coast Guard; \u201cCoast Guard vehicle\u201d means any vehicle commissioned into the service of the Coast Guard and so recorded on the Coast Guard\u2019s register of assets; \u201cCommandant\u201d means the officer appointed by the Governor under section 14(2)(a) to have command of the Coast Guard; \u201ccommission\u201d means an instrument by which the authority of an officer of the Coast Guard is exercised and which is issued by the Governor; \u201ccommissioned officer\u201d means a person granted a commission by the Governor under section 14(1) and carrying rank and precedence within the Coast Guard in a rank specified in Part A of Schedule 1; \u201cCommissioner of Police\u201d has the same meaning assigned to the word \u201cCommissioner\u201d by section 2 of the Police Act (2021 Revision); \u201cdecoration\u201d includes a medal, medal ribbon, clasp and good conduct badge; \u201cDeputy Commandant\u201d means the officer appointed by the Governor under section 14(2)(a); \u201cdischarge\u201d means, in relation to a non-commissioned officer or a civilian support staff employee of the Coast Guard, to have that person\u2019s employment with the Coast Guard terminated prior to retirement or resignation from the Coast Guard, in accordance with this Act and regulations made under this Act; \u201ccivil partner\u201d has the meaning assigned by section 2 of the Civil Partnership Act, 2020; \u201ccivil partnership\u201d has the meaning assigned by section 2 of the Civil Partnership Act, 2020; Cayman Islands Coast Guard Bill, 2021 Clause 2 Introduced \u201cenlist\u201d means to accept an offer of a contract of employment, or to agree to a secondment, to become a member of the Coast Guard; \u201centity\u201d means any body and includes a ministry, portfolio, statutory authority, government company, the Office of the Ombudsman, the Office of the Information Commissioner and the Audit Office; \u201cfirearm\u201d has the meaning assigned by section 2(1) of the Firearms Act (2008 Revision); \u201cfit and proper persons\u201d means persons who satisfy the prescribed criteria to be eligible for appointment to the Coast Guard; \u201cgovernment company\u201d means \u2014 (a) a company in which the Government has a controlling interest; and (b) in respect of each such company, includes all subsidiary entities of the company; \u201chigh seas\u201d means all parts of the sea that are not included in the territorial sea or in the internal waters of a state or territory; \u201cidentity card\u201d means a card issued to a member of the Coast Guard in the form set out in Schedule 3, and which is evidence of such member\u2019s appointment; \u201clocal law enforcement agency\u201d means any of the following entities \u2014 (a) the Royal Cayman Islands Police Service established under the Police Act (2021 Revision); (b) the Customs and Border Control Service established under the Customs and Border Control Act (2021 Revision); and (c) any other agency in which powers similar to those exercisable by a constable appointed under the Police Act (2021 Revision) are lawfully vested; \u201cmaritime environment\u201d means the oceans, seas, bays, estuaries, islands, coastal areas and the airspace above these, including the littorals; \u201cmember of the Coast Guard\u201d means \u2014 (a) an officer of the Coast Guard; or (b) a civilian support staff employee of the Coast Guard; \u201cmilitary establishment\u201d means a military prison or any other establishment under the control of the Secretary of State or the Minister where persons may be required to serve military sentences of imprisonment or detention; \u201cMinister\u201d means the member of Cabinet charged with responsibility for the Coast Guard; \u201cnon-commissioned officer\u201d means a person appointed by the Commandant under section 14(5) and carrying rank and precedence within the Coast Guard in a rank specified in Part B of Schedule 1; Clause 2 Cayman Islands Coast Guard Bill, 2021 Introduced \u201cofficer of the Coast Guard\u201d or \u201cofficer\u201d, when used in relation to the Coast Guard, means a commissioned officer or non-commissioned officer of the Coast Guard; \u201cport officer\u201d means an officer referred to in section 8 of the Port Authority Act (1999 Revision); \u201cprotective equipment\u201d includes batons, handcuffs and other means of restraints, body armour, bullet-proof vests, tasers and pepper spray; \u201cpublic authority\u201d means a statutory authority or government company; \u201cpublic office\u201d has the same meaning as in section 124 of the Constitution; \u201cpublic officer\u201d means the holder of any public office, and includes a person appointed to act in any public office; \u201crescue coordination centre\u201d means a unit responsible for promoting efficient organization of search and rescue services and for coordinating the conduct of search and rescue operations within a search and rescue region; \u201creservist\u201d means an officer of the Coast Guard Reserve; \u201csearch and rescue region\u201d means an area of defined dimensions associated with a rescue coordination centre within which search and rescue services are provided; \u201csearch and rescue services\u201d means the performance of distress monitoring, communication, coordination and search and rescue functions, including the provision of medical advice, initial medical assistance, or medical evacuation, through the use of public and private resources including co-operating aircraft, vessels and other craft and installations; \u201cstatutory authority\u201d means an entity established by an Act to carry out functions which are capable under that Act, of being funded, partly or entirely, by money provided by the Cabinet, and for which the Governor or the Cabinet has the power to appoint or dismiss the majority of the board or other governing body; \u201cterritorial sea\u201d, in relation to the Islands, has the meaning assigned by the Cayman Islands (Territorial Seas) Order, 1989; and \u201cvessel\u201d includes a ship, an aircraft and any other thing or device capable of being used for conveying goods or persons from one place to another, and includes a vessel being carried or towed by another vessel whether as cargo or for any other purpose. Cayman Islands Coast Guard Bill, 2021 Clause 3 Introduced PART 2 - ESTABLISHMENT AND ADMINISTRATION OF THE COAST GUARD\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Establishment of the Coast Guard 3. (1) The Cayman Islands Coast Guard, in this Act referred to as \u201cthe Coast Guard\u201d, is hereby established as a uniformed and disciplined department of Government, which is responsible for \u2014 (a) the maritime enforcement of local laws relating to ensuring the preservation of the safety and security of the Islands; (b) subject to section 6(3)(b)(ix) of the Maritime Authority Act (2013 Revision) \u2014 (i) the coordination of all maritime search and rescue response occurring within the territorial sea of the Islands and the Islands\u2019 internationally agreed search and rescue region; and (ii) the delivery of maritime search and rescue response occurring within the territorial sea of the Islands and the Islands\u2019 internationally agreed search and rescue region, provided it is within the Coast Guard\u2019s operational capability to do so; (c) ensuring compliance with any applicable international law, conventions and treaties relating to ensuring the safety of life at sea and pollution prevention; and (d) enforcing local laws and any applicable international law, conventions and treaties addressing the prevention, detection and disruption of illicit activity within the territorial sea of the Islands or on the high seas, provided that the enforcement does not extend into the territorial waters of another jurisdiction or breach the established protocols of any applicable international law, convention or treaty. (2) The Coast Guard shall consist of \u2014 (a) a regular Coast Guard to be known as the Coast Guard; and (b) a reserve Coast Guard to be known as the Coast Guard Reserve. (3) Nothing contained in this Act shall be construed so as to permit the Coast Guard to be organized as a military establishment or to function as such. (4) Notwithstanding subsection (3), the members of the Coast Guard may receive training and other items of support from military organizations recognized as being allied to the United Kingdom of Great Britain. Clause 4 Cayman Islands Coast Guard Bill, 2021 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Constitution of the Coast Guard 4. (1) The Coast Guard shall consist of the Commandant, Deputy Commandant and such ranks as may be specified in Schedule 1. (2) The Coast Guard shall consist of \u2014 (a) the Headquarters Detachment; (b) the Sea Detachment; (c) the Shore Detachment; (d) the Sister Islands Detachment; and (e) any other such detachments or units as the Governor, after consultation with the Commandant, may think fit to be formed, and the detachments or units shall be styled by such designations as may be prescribed by regulations made under section 28.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Financial provision for the Coast Guard 5. The Government shall provide on an annual basis such funding as is necessary for the Coast Guard to carry out its responsibilities under section 3(1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Command and administration of the Coast Guard 6. (1) The Commandant shall be responsible for the strategic, administrative and operational command of the Coast Guard subject to \u2014 (a) such strategic directions with respect to the preservation of the maritime safety and the maritime security of the Islands as the Governor may give the Commandant; and (b) such strategic policy directions as the chief officer of the Coast Guard may give the Commandant. (2) Subject to subsection (1), where an officer of the Coast Guard is appointed by the Commandant to be in charge of other officers of the Coast Guard in any place, the officer of the Coast Guard appointed to be in charge shall be responsible for the control of the other officers of the Coast Guard in that place. (3) The Commandant shall render the Commandant\u2019s services exclusively to the Coast Guard unless otherwise authorized by the Governor or the chief officer of the Coast Guard, and the Commandant shall be answerable to \u2014 (a) the Governor for the Commandant\u2019s acts and decisions in so far as those acts or decisions relate to the preservation of the maritime safety and the maritime security of the Islands; and (b) the chief officer of the Coast Guard for the Commandant\u2019s acts and decisions in so far as those acts or decisions relate to matters involving the chief officer\u2019s power to give strategic policy directions. (4) Officers of the Coast Guard shall \u2014 Cayman Islands Coast Guard Bill, 2021 Clause 7 Introduced (a) obey and carry out the lawful commands of the Commandant; (b) perform the duties assigned to officers of the Coast Guard under this Act; and (c) do other lawful things as may be necessary for the enforcement of this Act and the lawful commands of the Commandant. 7. Delegation of Governor\u2019s functions 7. The Governor may \u2014 (a) assign or delegate functions relating to the strategic directions with respect to the preservation of the maritime safety and the maritime security of the Islands of the Coast Guard to the Premier or, after consultation with the Premier, any other member of Cabinet; and (b) by written notice to the Premier or the other member of Cabinet, at any time, revoke any functions so assigned or delegated. PART 3 \u2013 POWERS, DUTIES AND PRIVILEGES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"General powers of the Commandant 8. (1) Subject to this Act, the Commandant shall have the command, superintendence and direction of the Coast Guard and may \u2014 (a) make such appointments and promotions in respect of non-commissioned officers of the Coast Guard as the Commandant may see fit; (b) make standing orders for the general governance of members of the Coast Guard in relation to their control, enrolment, testing, grading, and particular services, and such other orders as the Commandant may deem necessary to prevent neglect and to promote efficiency, good order and discipline; and (c) issue a handbook, a code of practice or such other guidelines as the Commandant may see fit, for the guidance, governance and regulation of members of the Coast Guard. (2) Where it appears to the Commandant that, having regard to an immediate or imminent threat to the maritime safety or maritime security of the Islands, there are reasonable grounds to believe that in the interest of public safety or public order it is necessary to establish a temporary maritime exclusion zone or a temporary maritime restricted zone within any area of the territorial sea of the Islands, the Commandant may \u2014 (a) after notifying the Governor of the immediate or imminent threat to the maritime safety or maritime security of the Islands; and (b) with the written permission of the Governor, Clause 8 Cayman Islands Coast Guard Bill, 2021 Introduced establish a temporary maritime exclusion zone or a temporary maritime restricted zone. (3) Where, in accordance with subsection (2), the Commandant makes a decision with the written permission of the Governor to establish a temporary maritime exclusion zone or a temporary maritime restricted zone within any area of the territorial sea of the Islands \u2014 (a) the Governor shall notify the Cabinet within twenty-four hours of the decision; and (b) the exclusion or restriction shall endure for up to forty-eight hours, unless that period is extended with the written permission of the Governor. (4) Where the Governor permits the extension of the period of an exclusion or restriction in accordance with subsection (3), the extension shall endure for up to a further period of forty-eight hours, which period may be extended in increments of up to forty-eight hours, as long as the Governor is satisfied that an immediate or imminent threat to the maritime safety or maritime security of the Islands remains. (5) Where the Governor permits the extension of the period of an exclusion or restriction in accordance with subsection (3), the Governor shall notify the Cabinet within twenty-four hours of each decision to permit the extension of the period. (6) Where the period specified for a temporary maritime exclusion zone or temporary maritime restricted zone comes to an end, whether by effluxion of time or by a decision of the Governor to revoke the Governor\u2019s written permission, the Governor shall notify the Cabinet within twenty-four hours thereafter. (7) The Commandant may delegate the Commandant\u2019s powers to any officer of the Coast Guard, but the Commandant shall not delegate the Commandant\u2019s power under subsection (2) or the Commandant\u2019s power to hear any appeal relating to an offence against discipline or to impose upon a member of the Coast Guard any punishment which includes reduction in rank or discharge. (8) Standing orders issued by the Commandant pursuant to subsection (1)(b) shall be published in the Gazette. (9) For the purposes of this section \u2014 \u201ctemporary maritime exclusion zone\u201d means an area of the territorial sea of the Islands from which vessels or certain types or classes of vessels are excluded for a specified period; and \u201ctemporary maritime restricted zone\u201d means an area of the territorial sea of the Islands from which vessels or certain types or classes of vessels are restricted for a specified period. Cayman Islands Coast Guard Bill, 2021 Clause 9 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Duties of the Coast Guard 9. (1) The duties of the Coast Guard are to \u2014 (a) patrol the territorial sea of the Islands and the high seas; (b) in the event of a spill of oil or other hazardous chemical in the territorial sea, provide assistance to the department responsible for the environment by providing maritime transportation to, and collecting samples of the oil or chemical for assessment by, that department; (c) enforce, and assist in the enforcement of, any laws, and international maritime conventions, treaties, and instruments relating to the maritime jurisdiction of the Islands, including those for the promotion of safety of life and property at sea, the enforcement of which may extend into the high seas, but shall not extend into the maritime jurisdiction of another state or territory, without that state\u2019s or territory\u2019s express permission; (d) prevent persons from boarding, holding on to or clinging to any vessel without the permission of the master of the vessel, and where necessary, remove any such person from the vessel; (e) render aid and assistance to persons or vessels in distress and subject to section 6(3)(b)(ix) of the Maritime Authority Act (2013 Revision), to conduct and coordinate all such search and rescue operations, within the search and rescue region of the Islands in accordance with the International Convention on Maritime Search and Rescue, 1979 and any other applicable international conventions; (f) grant, within its legal and operational capabilities, requests for assistance from local and international government agencies in the performance of their functions and which are consistent with the duties and functions of the Coast Guard; (g) organize, train and supervise the Coast Guard Reserve for the purpose of assisting the Coast Guard in carrying out its functions; (h) inspect vessels to ensure and enforce compliance with local and international safety laws, regulations, rules and standards, including the Port Authority Act (1999 Revision) and any regulations made under that Act; (i) assist any local law enforcement agency in the execution of its duties where that duty is to be executed in the maritime environment; (j) co-operate with local and international law enforcement agencies or the armed forces of another country by taking any necessary measures to ensure the suppression of illicit activities occurring in the territorial sea of the Islands or on the high seas, provided the measures do not extend into the maritime jurisdiction of another state or territory, without that state\u2019s or territory\u2019s express permission; and Clause 9 Cayman Islands Coast Guard Bill, 2021 Introduced (k) perform such other functions and duties as may be necessary for carrying into effect the objectives of this Act. (2) For the purposes of carrying out duties under this Act, officers of the Coast Guard have the same powers, authorities and privileges as are conferred on \u2014 (a) a constable by the Police Act (2021 Revision); (b) a customs and border control officer by the Customs and Border Control Act (2021 Revision); (c) a conservation officer by the National Conservation Act, 2013; and (d) a port officer by the Port Authority Act (1999 Revision). (3) An officer of the Coast Guard may, in the performance of the officer\u2019s duties, carry and use firearms and protective equipment with the authority of the Commandant given under and in accordance with the general or special directions of the Governor \u2014 (a) in the territorial sea of the Islands; (b) on property of the Coast Guard; or (c) on land within the Islands not covered with water, where the officer is in hot or immediate pursuit and the pursuit extends to land within the Islands not covered with water. (4) Notwithstanding subsection (3)(b) and (c), an officer of the Coast Guard shall only carry and use firearms and protective equipment on land within the Islands not covered with water with the authority of the Commissioner of Police and in accordance with such terms and conditions as the Commissioner of Police may impose in relation to the carrying and use of the firearms and the protective equipment. (5) For the purposes of carrying out the duties under subsection (1)(e), the Commandant or Deputy Commandant may commandeer any vessel or conscript the services of any private person as may be necessary. (6) Where the Commandant or Deputy Commandant commandeers any vessel or conscripts the services of any private person under subsection (5) \u2014 (a) the vessel or person is deemed to be temporarily afforded such insurance coverage as may exist for the Coast Guard with respect to damage to, or loss of, property or with respect to personal injury; (b) financial compensation shall be paid to the owner of the vessel for any fuel used during the period the vessel was commandeered; and (c) the private person is not liable for any loss or damage to any other vessel or structure or any loss or injury to any person or property on board any such vessel or structure, unless it is shown that the private person acted negligently or in bad faith. Cayman Islands Coast Guard Bill, 2021 Clause 10 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Coast Guard power of arrest 10. (1) An officer of the Coast Guard, in the execution of the officer\u2019s duties, may \u2014 (a) pursue and arrest with or without a warrant a person who commits an arrestable offence or who the officer reasonably suspects of having committed or being about to commit an arrestable offence against any law of the Islands, whether the person has landed or not; and (b) take such steps as are reasonably justified in the circumstances of the case in order to ensure compliance with any directions given in pursuance of this Act. (2) Where an officer of the Coast Guard arrests a person with or without a warrant \u2014 (a) the officer of the Coast Guard shall do so in accordance with the Police Act (2021 Revision); and (b) the officer of the Coast Guard shall deliver the person within a reasonable time to the relevant officer to be dealt with in accordance with the relevant Act under which the person was arrested. (3) For the purposes of this section \u2014 \u201crelevant Act\u201d means any Act under which a relevant officer \u2014 (a) may compel compliance with the Act; or (b) is responsible for carrying out and enforcing the Act; and \u201crelevant officer\u201d means \u2014 (a) a police officer; (b) a customs and border control officer; (c) a conservation officer; or (d) a port officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"General powers of the Coast Guard 11. (1) An officer of the Coast Guard, in the execution of the officer\u2019s duties, may \u2014 (a) pursue any vessel in the territorial sea or in any harbour or port of the Islands that the officer suspects is being used in the commission of an offence or in any unlawful operation or enterprise and cause the vessel to be stopped and boarded, or to be stopped, boarded, searched and inspected; (b) search any vessel, and after demand and refusal of any key, break open any receptacle or break down any door, where the officer reasonably suspects that there is on board the vessel any property that has been stolen or unlawfully obtained, or any article prohibited to be exported or imported; Clause 11 Cayman Islands Coast Guard Bill, 2021 Introduced (c) direct, for the purposes of any lawful examination, inspection, investigation or inquiry, that the vessel be taken to such place as the officer specifies; (d) remain on board any such vessel for such reasonable time as the officer thinks necessary; (e) deliver any property that the officer reasonably suspects to have been stolen or unlawfully obtained, or any article prohibited to be exported or imported, and the person in whose possession the property or article is found, within a reasonable time, into the custody of a police officer to be dealt with in accordance with section 53 of the Police Act (2021 Revision); (f) seize, take into custody or dispose of subject to prescribed procedures, the Merchant Shipping Act (2021 Revision) or the Port Authority Act (1999 Revision), any vessel or structure that the officer may have reason to believe poses a risk to the safety of life of maritime users or operators, or the maritime environment of the Islands; (g) in accordance with section 12, seize, take into custody and dispose of any vessel or structure that the officer may have reason to believe was used in the commission of an offence; (h) for the purposes of any lawful examination, inspection, investigation or inquiry, require the production of, inspect and make copies of or take extracts from, any license, permit, record, certificate or other document; (i) require crew or passengers of a vessel to answer such questions as the officer thinks fit to ask, on matters related to the performance of the officer\u2019s duties; (j) investigate any offence under any law of the Islands for which the Coast Guard has jurisdiction which the officer has reason to suspect is being committed, is about to be committed or has been committed; and (k) use such force as is necessary to neutralize \u2014 (i) imminent or direct threats to the health and safety of members of the Coast Guard while in the execution of their duty under this Act; or (ii) imminent threats directed towards any other person. (2) Where an officer of the Coast Guard, in the execution of the officer\u2019s duties, pursues a vessel under subsection (1)(a), the pursuit of the vessel may extend into the high seas, but shall not extend into the territorial waters of another jurisdiction or breach the established protocols of any applicable international law, convention or treaty. (3) Nothing in this section authorizes an officer of the Coast Guard to \u2014 (a) detain a vessel within the territorial sea of the Islands if the passage of that vessel within the territorial sea of the Islands is an innocent passage; or (b) unnecessarily prevent a ship from proceeding on a voyage. Cayman Islands Coast Guard Bill, 2021 Clause 12 Introduced (4) For the purpose of this section, the passage of a vessel is an innocent passage if the passage is not prejudicial to the peace, good order, safety or security of the Islands and its residents. (5) An officer is not liable for any loss or damage to any vessel or structure referred to in subsection (1), or any loss or injury to any person on board any such vessel or structure, occasioned in the execution of the officer\u2019s duty, unless it is shown that the officer acted negligently or in bad faith. (6) In the exercise of any power conferred on an officer of the Coast Guard by this Act, the officer may use reasonable force, where necessary to ensure compliance. (7) A person who \u2014 (a) assaults, obstructs, resists or wilfully delays an officer of the Coast Guard acting in pursuance of this section; or (b) fails to comply, without reasonable excuse, with any directions given in pursuance of this section, commits an offence and is liable on summary conviction to a fine of four thousand dollars, or to imprisonment for a term of six months, or to both. (8) A person who is convicted of an offence under subsection (7) may be adjudged to make compensation to the officer of the Coast Guard injured by the person\u2019s offence or by any other similar offences committed by the person which are taken into consideration by the court in determining sentence. (9) The compensation referred to in subsection (8) may be in addition to or in substitution of the penalty for the offence under subsection (7). 12. Seizure, custody and disposal of a vessel believed to have been used in the commission of an offence 12. (1) Where an officer seizes a vessel or structure pursuant to section 11(1)(g), the officer shall retain it in secure custody except while it is being used in evidence or is in the custody of any court, until it is disposed of under this section. (2) In any proceeding for an offence relating to a vessel or structure seized under section 11(1)(g), the court may order, either at the hearing or on application by an officer of the rank of Lieutenant or above, that \u2014 (a) the vessel or structure be delivered to the person appearing to the court to be entitled to it; or (b) the vessel or structure be disposed of in such manner as the court thinks appropriate. (3) If no proceeding is taken in respect of an offence relating to the vessel or structure within three months after its seizure, or if a proceeding is taken but no Clause 13 Cayman Islands Coast Guard Bill, 2021 Introduced order of forfeiture is made, the vessel or structure shall be returned to the person from whom it was seized. 13. Fees in respect of vessels or structures taken into custody or stored by the Coast Guard 13. (1) Where a vessel or structure is \u2014 (a) taken into custody under this Act; or (b) being stored by the Coast Guard pursuant to any lawful authority, the owner or person last having control of the vessel or structure, unless otherwise determined by the court, shall pay to the Commandant the fees referred to in subsection (2), which are set out in Schedule 4. (2) The fees under subsection (1) are \u2014 (a) towing fees in respect of every hour or part of an hour where the vessel is towed by the Coast Guard; and (b) storage fees in respect of every day or part of a day that the vessel or structure remains in the custody of, or stored by, the Coast Guard. (3) An officer is not liable for any loss or damage to any vessel or structure referred to in subsection (1), or any loss or injury to any person or property on board any such vessel or structure, unless it is shown that the officer acted negligently or in bad faith. PART 4 - APPOINTMENTS, ENLISTMENTS, SERVICE, DISCHARGE AND TERMINATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Appointment of officers to the Coast Guard 14. (1) The Governor shall, by commission under the Governor\u2019s hand, appoint fit and proper persons to be commissioned officers of the Coast Guard. (2) The Governor shall appoint \u2014 (a) a Commandant and a Deputy Commandant; and (b) a Coast Guard Medical Officer. (3) Commissioned officers of the Coast Guard shall hold such rank specified in Part A of Schedule 1 and every commission granted under subsection (1) shall be published in the Gazette. (4) A commission granted under subsection (1) shall be issued in the form set out in Schedule 2. (5) The Commandant shall appoint non-commissioned officers of the Coast Guard. Cayman Islands Coast Guard Bill, 2021 Clause 15 Introduced (6) Non-commissioned officers of the Coast Guard shall be employed on a term of enlistment for a period of four years, and shall be governed by the regulations made under this Act. (7) Notwithstanding subsection (6), a non-commissioned officer of the Coast Guard may re-enlist in accordance with the regulations made under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Appointment of civilian support staff of the Coast Guard 15. (1) At the request of the Commandant, the chief officer of the Coast Guard may, in accordance with the Public Service Management Act (2018 Revision), recruit and appoint civilian support staff employees to work within the Coast Guard on such terms and conditions as may be agreed by all parties concerned. (2) From the date of a person\u2019s appointment as a civilian support staff employee of the Coast Guard, the person\u2019s employment shall be governed by this Act and any regulations made under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Secondment to the Coast Guard 16. (1) At the request of the Commandant, a civil servant may, with the consent of that civil servant and the Deputy Governor, be temporarily appointed to the Coast Guard for such period as may be determined by the Commandant. (2) At the request of the Commandant, a public officer may, with the consent of that public officer and the relevant chief officer, be temporarily appointed to the Coast Guard for such period as may be determined by the Commandant. (3) Where a civil servant or a public officer is appointed to the Coast Guard in accordance with subsection (1) or (2), the civil servant or the public officer shall \u2014 (a) continue to enjoy remuneration and pension benefits which are not less favourable than the remuneration and pension benefits to which the civil servant or the public officer was entitled on the day immediately prior to the date of such appointment; (b) be subject to such other terms and conditions as are agreed between the civil servant or the public officer and the Commandant; and (c) from the date of such appointment, be a member of the Coast Guard and all matters relating to that civil servant or public officer shall be governed by this Act and any regulations made under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Identity card 17. An identity card, in the form set out in Schedule 3, signed by the Commandant, shall be issued to every member of the Coast Guard and shall be evidence of such member\u2019s appointment. Clause 18 Cayman Islands Coast Guard Bill, 2021 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Resignations 18. An officer of the Coast Guard shall resign in accordance with the regulations made under this Act in relation to personnel, management and discipline.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Termination of appointment and discharge 19. (1) The Governor may, in accordance with the regulations made under this Act in relation to personnel, management and discipline, terminate the appointment of the Commandant or Deputy Commandant. (2) The Governor may, on the recommendation of the Commandant and in accordance with the regulations made under this Act in relation to personnel, management and discipline, terminate the appointment of any commissioned officer of the Coast Guard at or below the rank of Lieutenant Commander. (3) Notwithstanding subsection (2), where a Deputy Commandant is at the rank of Lieutenant Commander, subsection (1) shall apply as it relates to termination of the Deputy Commandant\u2019s appointment. (4) The Commandant may, in accordance with the regulations made under this Act in relation to personnel, management and discipline, discharge any noncommissioned officer of the Coast Guard.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Retirement and pensions 20. (1) A member of the Coast Guard who has attained the age of sixty years shall be retired but may, in special circumstances as determined by the Commandant and for temporary periods, be accepted for such service as may be fixed by contract, and where the member is an officer of the Coast Guard, upon the successful completion of a fitness and medical test by such officer. (2) Notwithstanding the age of retirement under subsection (1), an officer of the Coast Guard who has served for thirty years in the Coast Guard may retire but may, in special circumstances as determined by the Commandant and for temporary periods, be accepted for further service as may be fixed by contract. (3) The Governor may \u2014 (a) in the public interest; (b) on medical grounds; or (c) to improve the efficiency of the Coast Guard, call upon the Commandant or the Deputy Commandant to retire. (4) The Commandant may \u2014 (a) in the public interest; (b) on medical grounds; or (c) to improve the efficiency of the Coast Guard, Cayman Islands Coast Guard Bill, 2021 Clause 21 Introduced call upon any officer of the Coast Guard, other than an officer of the Coast Guard referred to in subsection (3), to retire on pension. (5) The officer of the Coast Guard called upon in subsection (3) or (4) may retire. (6) The Public Service Pensions Act (2021 Revision) shall, subject to this Act, apply to all members of the Coast Guard except a member of the Coast Guard employed upon contractual terms applicable to that member which provide for or specifically exclude pension rights. (7) An officer of the Coast Guard \u2014 (a) who has attained the rank of Lieutenant Commander or above; and (b) whose appointment has ended under conditions other than dishonourable, shall be permitted by the Commandant to retain the honorary use of the officer\u2019s last rank, in its abbreviated format, and the rank shall be accompanied by the word \u201cRetired\u201d or in its abbreviated format, \u201cRet.\u201d. 21. Medical privileges 21. (1) A member of the Coast Guard, the member\u2019s spouse or civil partner and any child of the family of a member and the member\u2019s spouse or civil partner are entitled to \u2014 (a) medical, dental, and optical treatment benefits no less favourable than those treatment benefits as may be applicable to the public service from time to time; and (b) any other treatment benefits as may be prescribed. (2) For the purposes of this section, \u201cchild of the family\u201d means a child who is the child, adopted or otherwise, of either party of a marriage or civil partnership or who has been brought up in the matrimonial home or the civil partnership home of such parties as a child of the family and is \u2014 (a) under the age of eighteen years, unmarried or not a party to a civil partnership and is not employed; or (b) eighteen years of age or over but under twenty-three years of age, unmarried or not a party to a civil partnership and in full-time education at a university or other tertiary education institution. PART 5 \u2013 COAST GUARD RESERVE\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Discrimination based on becoming a member of the Coast Guard Reserve 22. (1) No person (whether an employer or an employee) shall discriminate with respect to any other person\u2019s hire, promotion, dismissal, tenure, wages, hours or other conditions of employment, by reason of the other person \u2014 Clause 23 Cayman Islands Coast Guard Bill, 2021 Introduced (a) applying to be a reservist; (b) being a reservist; or (c) carrying out the person\u2019s duties or obligations as a reservist. (2) Subsection (1) shall not be construed as prohibiting the taking of any personnel action genuinely related to an employee\u2019s ability to discharge the duties of the employment in question. (3) A person who contravenes subsection (1), commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for a term of one year, or to both. 23. Obligatory Annual Service 23. A reservist may be called out for obligatory annual service at such place, for such periods and in such manner, as may be specified in the regulations made under this Act. PART 6 - OFFENCES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Resisting or obstructing an arrest 24. (1) A person who assaults, obstructs, resists or wilfully delays an officer of the Coast Guard in exercising the power of arrest under section 10 commits an offence and is liable on summary conviction to a fine or to imprisonment for a term of ten years, or to both. (2) A person who is convicted of an offence under subsection (1) may be adjudged to make compensation to the officer of the Coast Guard injured by the person\u2019s offence or by any other similar offences committed by the person which are taken into consideration by the court in determining sentence. (3) The compensation referred to in subsection (2) may be in addition to or in substitution of the penalty for the offence under subsection (1). 25. Unauthorized use of uniform and decorations 25. (1) A person who \u2014 (a) not being an officer of the Coast Guard, wears in a public place, without authority, the uniform of the Coast Guard, or any attire having the appearance or bearing of any of the regimental or other distinctive marks of any such uniform; (b) has in that person\u2019s possession, without authority, a uniform of the Coast Guard or part thereof, or any decoration, badge, wound stripe, emblem or equipment prescribed by regulations or supplied or authorized by the Government for the use of the Coast Guard; Cayman Islands Coast Guard Bill, 2021 Clause 26 Introduced (c) uses or wears, without authority, any decoration, badge, wound stripe or emblem so nearly resembling any decoration, badge, wound stripe or emblem under paragraph (b), as to be calculated to deceive; (d) falsely represents himself or herself to be a person who has or had the authority to use or wear any such decoration, badge, stripe or emblem; or (e) in relation to a decoration awarded to an officer of the Coast Guard \u2014 (i) purchases or pawns the decoration; (ii) solicits or procures any other person to sell or pledge the decoration; or (iii) acts for any person in the sale or pledging of the decoration, commits an offence and is liable on summary conviction to a fine of two thousand dollars or to imprisonment for a term of four years, or to both. (2) Nothing in subsection (1)(a), (b), (c) or (d) prevents or prohibits a person from \u2014 (a) wearing a uniform or dress, with the written permission of the Commandant, in the course of a stage play performed in a place duly licensed or authorized for the public performance of stage plays, or in the course of a music hall or circus performance; or (b) using or wearing ordinary naval badges or brooches or ornaments representing those naval badges. (3) It is a defence for a person charged with an offence under subsection (1)(e) that at the time of the alleged offence, the officer of the Coast Guard to whom the decoration was awarded was deceased or had ceased to be an officer of the Coast Guard. (4) A member of the Coast Guard who contravenes this section in the carrying out of the member\u2019s duties commits an offence and is liable to be tried by a tribunal as prescribed by regulations and punished in accordance with those regulations. PART 7 - GENERAL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Application of the Traffic Act (2021 Revision) to Coast Guard vehicles 26. While engaged upon its duties, a Coast Guard vehicle shall be deemed to be an emergency vehicle, as defined under section 2 of the Traffic Act (2021 Revision), and \u2014 (a) that Act and the regulations made under that Act in relation to emergency vehicles; and (b) any offences and penalties under that Act or under regulations made under that Act in relation to emergency vehicles, Clause 27 Cayman Islands Coast Guard Bill, 2021 Introduced shall apply, with any necessary modifications, to Coast Guard vehicles.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"ICT licensee's duties in respect of the Coast Guard 27. (1) Upon the written request of an officer of the Coast Guard of the rank of Lieutenant or above, a licensee shall provide to the Coast Guard in such form as required, and within the timeframe referred to in subsection (2), information relating to the current or last known location of an ICT device known or likely to be on board a vessel, for the purposes of the enforcement of any local laws, and other international maritime conventions, treaties and instruments relating to the maritime jurisdiction of the Islands. (2) The timeframes within which the information requested under subsection (1) is to be provided to the Coast Guard are as follows \u2014 (a) where the request is headed \u201cROUTINE\u201d, the licensee shall provide the information no later than ten working days after the date on which the request is sent; (b) where the request is headed \u201cURGENT\u201d, the licensee shall provide the information no later than twenty-four hours after the time at which the request is sent; and (c) where the request is headed \u201cPRIORITY\u201d, the licensee shall provide the information no later than fifteen minutes after the time at which the request is sent. (3) For the purposes of subsection (1), a licensee shall ensure that there are at least two designated persons in the Islands, one being the primary contact and the other being the secondary contact, whose responsibility it is to provide the Coast Guard with \u2014 (a) the information requested under subsection (1) in the timeframe referred to in subsection (2); and (b) any other information requested in accordance with any other lawful authority. (4) A licensee shall provide the details of the persons so designated under subsection (3) to the Coast Guard, and the appointment of such designated persons shall be subject to satisfactory security clearance by the Coast Guard. (5) A licensee who \u2014 (a) without reasonable excuse, refuses or fails to provide the information required under subsection (1) in the timeframe referred to in subsection (2); or (b) knowingly gives false or misleading information to an officer of the Coast Guard of the rank of Lieutenant or above requiring the information, commits an offence and is liable, on summary conviction, to a fine of ten thousand dollars, or to imprisonment for a term of one year, or to both. Cayman Islands Coast Guard Bill, 2021 Clause 28 Introduced (6) For the purposes of this section \u2014 \u201cICT\u201d has the meaning assigned by section 2 of the Information and Communications Technology Act (2019 Revision); and \u201clicensee\u201d has the meaning assigned by section 2 of the Information and Communications Technology Act (2019 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Regulations 28. (1) The Cabinet may, after consultation with the Commandant, make regulations for the good governance and organization of the Coast Guard, for ensuring maritime safety and maritime security in the Islands and for giving effect to this Act and the matters required by this Act to be prescribed, including the following \u2014 (a) the numerical establishment of the Coast Guard and the conditions of service in respect of the various grades, ranks and appointments of the Coast Guard; (b) the constitution, governance, qualifications and command of the Coast Guard; (c) the recruitment, enlistment and re-enlistment of members of the Coast Guard; (d) the transfer of civil servants and public officers to the Coast Guard; (e) the granting of commissions and the categories of commissions which may be granted; (f) the duties to be performed by members of the Coast Guard and guidance in the performance or discharge of such duties; (g) salary, retirement benefits and allowances; (h) special pensions in the event of death or incapacity attributable to performance of duty; (i) funeral expenses of members of the Coast Guard, including criteria for eligibility for the payment, or defraying the cost, of those funeral expenses, out of public funds; (j) insurance coverage with respect to damage to, or loss of, property or with respect to personal injury where such damage, loss or injury is attributable to performance of duty; (k) medical privileges of members of the Coast Guard, and for spouses or civil partners of, and children of the family in relation to, members of the Coast Guard; (l) the description and issue of firearms, protective equipment, uniforms and any other articles to be supplied; Clause 28 Cayman Islands Coast Guard Bill, 2021 Introduced (m) discipline and disciplinary procedure, including providing for deductions from, or forfeiture or stoppage of, pay; (n) the establishment of a disciplinary tribunal to hear and determine certain offences under this Act; (o) Coast Guard identification, including measurements, fingerprints, palm prints, photographs and the records thereof; (p) the ranks, powers and authority of members of the Coast Guard; (q) the discharge, retirement, resignation, release or promotion of members of the Coast Guard; (r) the retention and use of uniforms, including any decoration, badge, wound stripe or emblem, by retired officers of the Coast Guard; (s) the handing over of public property where a person ceases to be a member of the Coast Guard; (t) the governance, discipline and pay of the Coast Guard Reserve; (u) the discharge or termination of officers of the Coast Guard Reserve; (v) the calling out of the Coast Guard Reserve on temporary service and permanent service, and for training, including the manner in which notification of the places and times appointed for training is to be given; (w) requiring officers of the Coast Guard Reserve to report to their commanding officers; (x) the appointment, composition, procedures and responsibilities of the Coast Guard Legal Protection Fund Committee; (y) the control, administration, application and management of the Coast Guard Legal Protection Fund; (z) the creation of an administrative penalty system in respect of any offence under this Act or regulations made under this Act, including \u2014 (i) forms and procedures for imposing the administrative penalty; and (ii) how the administrative penalty shall be paid and may be enforced, and such other matters that are necessary or convenient to give effect to the creation of the administrative penalty system; and (aa) any other matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Any power of the Cabinet to make regulations under this Act includes the power \u2014 (a) to make different provisions in relation to different cases or classes of case; and Cayman Islands Coast Guard Bill, 2021 Clause 29 Introduced (b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential, transitional and saving provisions, as the Cabinet considers necessary. (3) The Cabinet may, after consultation with the Commandant, make regulations to ensure maritime safety and maritime security in the territorial sea of the Islands, including regulations to address criminal or anti-social behaviour within the territorial sea of the Islands. (4) Regulations made under this Act with respect to salaries, allowances, pensions or gratuities shall be subject to negative resolution of the Parliament and may be given retrospective effect. (5) Where regulations made under this Act provide that the contravention of a provision of the regulations constitutes a criminal offence, the regulations may \u2014 (a) prescribe penalties for any such offence which shall not exceed penalties imposed under this Act; and (b) provide for restitution in the case of damage or loss of any property caused by an offender in the commission of the offence. (6) Where regulations made under this Act provide that the contravention of a provision of the regulations constitutes a disciplinary offence, the regulations may prescribe a penalty of any one or a combination of not more than three of the following punishments \u2014 (a) caution; (b) reprimand; (c) surcharge in respect of any loss sustained; (d) fine not exceeding the equivalent of seven days\u2019 pay; (e) reduction in rank; (f) forfeiture of increments due over a twelve-month period; (g) special probation for a period not exceeding twelve months; (h) requirement to resign as an alternative to discharge or termination; and (i) discharge or termination.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Amendment of Schedules 29. The Cabinet may by Order amend the Schedules. Clause 30 Cayman Islands Coast Guard Bill, 2021 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Appeals 30. (1) Where a member of the Coast Guard has received a disciplinary punishment under this Act, or regulations made under this Act, the member of the Coast Guard may appeal to the Civil Service Appeals Commission against the finding or the punishment or both, in accordance with the procedure set out in section 54 of the Public Service Management Act (2018 Revision). (2) The Civil Service Appeals Commission shall hear and determine appeals made under this section in accordance with the Public Service Management Act (2018 Revision). (3) Where a member of the Coast Guard is aggrieved by a decision of the Civil Service Appeals Commission under this section, the member of the Coast Guard may seek leave of the Grand Court to apply for judicial review of the decision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Coast Guard Legal Protection Fund and Coast Guard Legal Protection Fund Committee 31. (1) There is established \u2014 (a) a Coast Guard Legal Protection Fund, the funds of which shall be applied in a manner as may be prescribed, for the purpose of providing assistance towards the payment of legal fees or associated costs in relation to \u2014 (i) the defence of a legal action brought against a member of the Coast Guard for any prescribed act committed while the member of the Coast Guard was acting in the performance of the member\u2019s duties; and (ii) the defence of a disciplinary action brought against a member of the Coast Guard; and (b) the Coast Guard Legal Protection Fund Committee, which is responsible for \u2014 (i) the management of the Coast Guard Legal Protection Fund; and (ii) such other activities \u2014 (A) as may be prescribed by regulations made under this Act; and (B) as may be required to give effect to the purposes of the Coast Guard Legal Protection Fund. (2) The Coast Guard Legal Protection Fund shall be comprised of \u2014 (a) an annual allotment of a sum to be determined by the Cabinet; and (b) voluntary contributions to the Coast Guard Legal Protection Fund from any person, including members of the Coast Guard. (3) Voluntary contributions to the Coast Guard by persons other than members of the Coast Guard shall be made in accordance with regulations made under this Act. Cayman Islands Coast Guard Bill, 2021 Clause 32 Introduced (4) The Coast Guard Legal Protection Fund Committee shall keep accounts of its financial transactions in respect of the Coast Guard Legal Protection Fund in such form and manner as accord with the Public Management and Finance Act (2020 Revision) and any other relevant Act. (5) The Coast Guard Legal Protection Fund shall be audited by the Auditor General in accordance with the Public Management and Finance Act (2020 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Information may be recorded and sent by electronic means 32. (1) For the purposes of this Act, and any regulations made under this Act, where a person is required to, in writing or in written form \u2014 (a) give notice or permission; (b) make a request; or (c) provide any information, the notice, permission, request or other information may be recorded in electronic form and sent by electronic means. (2) For the purposes of this section, \u201celectronic\u201d has the meaning assigned by section 2 of the Electronic Transactions Act (2003 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Vesting of property 33. Upon the commencement of this Act, all property of, or assigned to, the Joint Marine Unit of the Royal Cayman Islands Police Service becomes the property of the Coast Guard without transfer, conveyance or assurance.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Transition of officers of the Joint Marine Unit to the Coast Guard 34. (1) Where an officer of the Joint Marine Unit of the Royal Cayman Islands Police Service joins the Coast Guard, the officer shall \u2014 (a) continue to enjoy remuneration, medical privileges and pension benefits which are not less favourable than the remuneration, medical privileges and pension benefits that applied to the officer in the officer\u2019s previous employment; and (b) be subject to such other terms and conditions as are agreed between the officer and the Commandant. (2) For the purposes of subsection (1), \u201cofficer of the Joint Marine Unit of the Royal Cayman Islands Police Service\u201d or \u201cofficer\u201d means \u2014 (a) an officer of the Royal Cayman Islands Police Service referred to in section 3 of the Police Act (2021 Revision); or (b) a customs and border control officer of the Customs and Border Control Service established under section 3 of the Customs and Border Control Act (2021 Revision), Clause 35 Cayman Islands Coast Guard Bill, 2021 Introduced who, at the date of commencement of this Act, is attached to the Joint Marine Unit of the Royal Cayman Islands Police Service. 35. Transitional provisions in respect of appointments to the Coast Guard prior to the date of commencement of this Act 35. (1) A person who is appointed or purported to be appointed to any position in the Coast Guard prior to the date of the commencement of this Act shall be deemed on that date to have been appointed in accordance with this Act. (2) All other acts done or purported to be done in furtherance of the establishment and operation of the Coast Guard prior to the date of the commencement of this Act shall be deemed on that date to have been done in accordance with this Act. Cayman Islands Coast Guard Bill, 2021 SCHEDULE 1 Introduced SCHEDULE 1 (sections 2, 4 and 14(3)) Ranks of Officers of the Coast Guard PART A Commissioned Officers Commander \u2013  Cdr Lieutenant Commander \u2013 Lt Cdr Lieutenant \u2013 Lt Lieutenant (Junior Grade) \u2013  Lt (JG) Sub-Lieutenant \u2013 Sub-Lt PART B Non-commissioned Officers (Senior) Warrant Officer \u2013 WO Chief Petty Officer \u2013 CPO Petty Officer \u2013 PO (Junior) Leading Seaman \u2013 LS Able Seaman \u2013 AB Ordinary Seaman \u2013 OS Coast Guard Recruit \u2013 CGR SCHEDULE 2 Cayman Islands Coast Guard Bill, 2021 Introduced SCHEDULE 2 (section 14(4)) Form of commission conferring rank upon an officer of the Coast Guard To\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..Greetings: Reposing especial trust and confidence in your loyalty, courage and good conduct, I do by these presents constitute and appoint you to be an officer in the Cayman Islands Coast Guard from the         day of                                 , 20    . You are therefore carefully and diligently to discharge your duty as such in the rank of \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. or in such higher rank as you may from time to time hereafter be promoted or appointed to, of which a notification will be made in the Gazette. Further, you are at all times to exercise discipline in your duties and promote discipline of other officers serving under you and such persons as may be placed under your orders from time to time and use your best endeavour to keep them in good order and discipline. And I do hereby command them to obey you as their Superior Officer, and you to observe and follow such orders and directions as from time to time you shall receive from me, or any other, your Superior Officer, in pursuance of the trust hereby reposed in you. Given at , the        day of                           , 20    . Governor Cayman Islands Coast Guard Bill, 2021 SCHEDULE 3 Introduced SCHEDULE 3 (sections 2 and 17) Identity Card CAYMAN ISLANDS COAST GUARD This is to certify that____________________________________________________ whose photograph is attached, is a member of the Cayman Islands Coast Guard, and in the case of an officer, an officer of the rank ____________________________________________no._______________________. Members of the Cayman Islands Coast Guard and members of the general public are to give the above-named person any assistance he\/she may require in the performance of his\/her duties. _______________________________________ Commandant of the Cayman Islands Coast Guard PHOTO SIGNATURE RIGHT THUMB IMPRESSION SCHEDULE 4 Cayman Islands Coast Guard Bill, 2021 Introduced SCHEDULE 4 (section 13) Fees for vessels or structures in the custody of, or stored by, the Coast Guard PART 1 TOWING FEES Length of Vessel or Structure Fee 1. Vessels less than 40ft in length $200.00 per hour or part thereof 2. Vessels 40ft and over but less than 100ft in length $250.00 per hour or part thereof PART 2 STORAGE FEES Length of Vessel or Structure Fee 1. Vessels less than 30ft in length $10.00 per day or part thereof 2. Vessels 30ft and over but less than 60ft in length $15.00 per day or part thereof 3. Vessels 60ft and over but less than 90ft in length $20.00 per day or part thereof Passed by the Parliament the               day of                              2021. Speaker Clerk of the Parliament\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2021_01_01\", \"date\": \"2021-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2021_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2021_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2021\/3\", \"FRBRdate\": [{\"date\": \"2021-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2021\/3\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2021-0003\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"3 of 2021\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"bill\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2021\/3\/eng@2021-01-01\", \"FRBRdate\": [{\"date\": \"2021-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2021\/3\/eng@2021-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2021\/3\/eng@2021-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2021\/3\/eng@2021-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"bill\", \"header\": {\"title\": \"Immigration (Transition)(Amendment)Act,2021 (Act 3 of 2021)\", \"actNumber\": \"3 of 2021\", \"longTitle\": null}}, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nCAYMAN ISLANDS COAST GUARD BILL,\n2021\nSupplement No. 1 published with Legislation Gazette No. 46 dated 1st September, 2021.\nA BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE CAYMAN\nISLANDS COAST GUARD; TO SPECIFY THE DUTIES AND POWERS OF THE CAYMAN\nISLANDS COAST GUARD; AND FOR INCIDENTAL AND CONNECTED PURPOSES\n\nPage 2\nIntroduced\nc\n\nPUBLISHING DETAILS\nSponsoring Ministry\/Portfolio: Office of the Commissioner of Police (OCP)\n\nCayman Islands Coast Guard Bill, 2021\nObjects and Reasons\n\nc\n Introduced\nPage 3\n\nMemorandum of\nOBJECTS AND REASONS\nThis Bill provides for the establishment of the Cayman Islands Coast Guard, specifies the\nduties and powers of the Cayman Islands Coast Guard, and provides for incidental and\nconnected purposes thereto.\nThe Bill is divided into seven Parts and contains 35 clauses.\n\nPART 1 - PRELIMINARY\nPart 1 contains clauses 1 and 2 and provides for the preliminary provisions in the Bill.\nClause 1 provides the short title of the legislation.\nClause 2 provides the interpretation of certain words used throughout the legislation.\n\nPART 2 - ESTABLISHMENT AND ADMINISTRATION OF THE COAST\nGUARD\nPart 2 contains clauses 3 to 7 and provides for the establishment and administration of the\nCoast Guard.\nClause 3 provides for the establishment of the Coast Guard, which is responsible for,\namong other things, the maritime enforcement of local laws relating to ensuring the\npreservation of the safety and security of the Islands. This clause also clarifies that nothing\ncontained in the legislation shall be construed so as to permit the Coast Guard to be\norganized as a military establishment or to function as such.\nClause 4 provides that the Coast Guard shall consist of the Commandant, Deputy\nCommandant and such ranks as may be specified in Schedule 1. This clause further\nprovides that the Coast Guard shall consist of various detachments, including the\nHeadquarters Detachment, the Sea Detachment, the Shore Detachment and the Sister\nIslands Detachment.\nClause 5 states that the Government shall provide on an annual basis such funding as is\nnecessary for the Coast Guard to carry out its responsibilities.\nClause 6 provides for the command and administration of the Coast Guard. The\nCommandant shall be responsible for the strategic, administrative and operational\ncommand of the Coast Guard subject to such strategic directions with respect to the\npreservation of the maritime safety and the maritime security of the Islands as the Governor\nmay give the Commandant. The Commandant shall also be subject to such strategic policy\ndirections as the chief officer of the Coast Guard may give the Commandant.\nClause 7 provides for the delegation of the Governor\u2019s functions to the Premier or, after\nconsultation with the Premier, any other member of Cabinet. The clause also provides that\n\nObjects and Reasons\nCayman Islands Coast Guard Bill, 2021\n\nPage 4\n Introduced\nc\n\nthe Governor may, by written notice to the Premier or the other member of Cabinet, at any\ntime, revoke any functions so assigned or delegated.\n\nPART 3 - POWERS, DUTIES AND PRIVILEGES\nPart 3 contains clauses 8 to 13 and provides for the powers, duties and privileges of the\nCommandant and the Coast Guard.\nClause 8 provides for the general powers of the Commandant, who shall have the\ncommand, superintendence and direction of the Coast Guard. Among the general powers\nof the Commandant is the power to make such appointments and promotions in respect of\nnon-commissioned officers of the Coast Guard as the Commandant may see fit.\nClause 9 provides for the duties of the Coast Guard, including the duty to \u2014\n(a) patrol the territorial sea of the Islands and the high seas;\n(b) enforce, and assist in the enforcement of, any laws and international maritime\nconventions, treaties, and instruments relating to the maritime jurisdiction of the\nIslands, including those for the promotion of safety of life and property at sea, the\nenforcement of which may extend into the high seas, but shall not extend into the\nmaritime jurisdiction of another state or territory, without that state\u2019s or territory\u2019s\nexpress permission;\n(c) render aid and assistance to persons or vessels in distress and subject to section\n6(3)(b)(ix) of the Maritime Authority Act (2013 Revision), to conduct and\ncoordinate all such search and rescue operations, within the search and rescue\nregion of the Islands in accordance with the International Convention on Maritime\nSearch and Rescue, 1979 and any other applicable international conventions;\n(d) inspect vessels to ensure and enforce compliance with local and international\nsafety laws, regulations, rules and standards; and\n(e) assist local law enforcement agencies in the execution of their duties where that\nduty is to be executed in the maritime environment.\nClause 10 provides for the Coast Guard\u2019s power of arrest. An officer of the Coast Guard,\nin the execution of the officer\u2019s duties, may pursue and arrest with or without a warrant a\nperson who commits an arrestable offence or who the officer reasonably suspects of having\ncommitted or being about to commit an arrestable offence against any law of the Islands,\nwhether the person has landed or not. Further, an officer of the Coast Guard, in the\nexecution of the officer\u2019s duties, may take such steps as are reasonably justified in the\ncircumstances of the case in order to ensure compliance with any directions given in\npursuance of this legislation.\nClause 11 provides for the general powers of the Coast Guard. This clause provides that an\nofficer of the Coast Guard, in the execution of the officer\u2019s duties, may \u2014\n(a) pursue any vessel in the territorial sea or in any harbour or port of the Islands that\nthe officer suspects is being used in the commission of an offence or in any\n\nCayman Islands Coast Guard Bill, 2021\nObjects and Reasons\n\nc\n Introduced\nPage 5\n\nunlawful operation or enterprise and cause the vessel to be stopped and boarded,\nor to be stopped, boarded, searched and inspected;\n(b) search any vessel, and after demand and refusal of any key, break open any\nreceptacle or break down any door, where the officer reasonably suspects that\nthere is on board the vessel any property that has been stolen or unlawfully\nobtained, or any article prohibited to be exported or imported;\n(c) direct, for the purposes of any lawful examination, inspection, investigation or\ninquiry, that the vessel be taken to such place as the officer specifies; and\n(d) in accordance with clause 12, seize, take into custody and dispose of any vessel\nor structure the officer may have reason to believe was used in the commission of\nan offence.\nIt should also be noted that this clause also provides that where an officer of the Coast\nGuard, in the execution of the officer\u2019s duties, pursues a vessel suspected of being used in\nthe commission of an offence or in any unlawful operation or enterprise, the pursuit of the\nvessel may extend into the high seas, but shall not extend into the territorial waters of\nanother jurisdiction or breach the established protocols of any applicable international law,\nconvention or treaty.\nClause 12 provides for the seizure, custody and disposal of a vessel or structure believed\nto have been used in the commission of an offence. This clause provides that where such a\nvessel or structure is seized, the officer shall retain it in secure custody except while it is\nbeing used in evidence or is in the custody of any court, until it is disposed of under this\nprovision.\nClause 12 also provides that the court may order that the vessel or structure be delivered to\nthe person appearing to the court to be entitled to it or that the vessel or structure be\ndisposed of in such manner as the court thinks appropriate.\nClause 13 provides that where vessels or structures are taken into custody, or are being\nstored, by the Coast Guard, the owner or person last having control of the vessel or\nstructure, unless otherwise determined by the court, shall pay to the Commandant such\ntowing and storage fees as are set out in Schedule 4.\n\nPART 4 - APPOINTMENTS, ENLISTMENTS, SERVICE, DISCHARGE AND\nTERMINATION\nPart 4 contains clauses 14 to 21 and deals with appointments to, enlistments in, service in\nand discharge and termination from the Coast Guard.\nClause 14 provides for the appointment of officers to the Coast Guard. The Governor shall,\nby commission under the Governor\u2019s hand, appoint fit and proper persons to be\ncommissioned officers of the Coast Guard. The Commandant shall be responsible for\nappointing non-commissioned officers of the Coast Guard.\nClause 15 provides for the appointment of civilian support staff employees of the Coast\nGuard. These are persons who work with the Coast Guard but are not officers of the Coast\n\nObjects and Reasons\nCayman Islands Coast Guard Bill, 2021\n\nPage 6\n Introduced\nc\n\nGuard. This clause provides that civilian support staff employees of the Coast Guard shall\nbe recruited at the request of the Commandant and appointed by the chief officer of the\nCoast Guard in accordance with the Public Service Management Act (2018 Revision). This\nclause further provides that from the date of a person\u2019s appointment as a civilian support\nstaff employee of the Coast Guard, the person\u2019s employment shall be governed by this\nlegislation and any regulations made under this legislation.\nClause 16 provides for the secondment of civil servants and public officers to the Coast\nGuard. This clause provides that where a civil servant or a public officer is appointed to\nthe Coast Guard, the civil servant or the public officer shall \u2014\n(a) continue to enjoy remuneration and pension benefits which are not less favourable\nthan the remuneration and pension benefits to which the civil servant or the public\nofficer was entitled on the day immediately prior to the date of such appointment;\n(b) be subject to such other terms and conditions as are agreed between the civil\nservant or the public officer and the Commandant; and\n(c) from the date of such appointment, be a member of the Coast Guard and all\nmatters relating to that civil servant or public officer shall be governed by this\nlegislation and any regulations made under this legislation.\nClause 17 provides that an identity card signed by the Commandant shall be issued to every\nmember of the Coast Guard and shall be evidence of such member\u2019s appointment.\nClause 18 provides for resignations from the Coast Guard, and indicates that an officer of\nthe Coast Guard shall resign in accordance with the regulations made under this legislation\nin relation to personnel, management and discipline.\nClause 19 provides for the termination of appointment and discharge from the Coast Guard.\nThis clause provides that the Governor may, in accordance with the regulations made under\nthis legislation in relation to personnel, management and discipline, terminate the\nappointment of the Commandant or Deputy Commandant.\nClause 19 also provides that the Governor may, on the recommendation of the\nCommandant and in accordance with the regulations made under this legislation in relation\nto personnel, management and discipline, terminate the appointment of any commissioned\nofficer of the Coast Guard at or below the rank of Lieutenant Commander.\nThe clause further provides that the Commandant may, in accordance with the regulations\nmade under this legislation in relation to personnel, management and discipline, discharge\nany non-commissioned officer of the Coast Guard.\nClause 20 provides for retirement and pensions. This clause provides that a member of the\nCoast Guard who has attained the age of sixty years shall be retired but may, in special\ncircumstances as determined by the Commandant and for temporary periods, be accepted\nfor such service as may be fixed by contract, and where the member is an officer of the\nCoast Guard, upon the successful completion of a fitness and medical test by such officer.\nThis clause also provides that officers of the Coast Guard may be called upon to retire in\nthe public interest, on medical grounds, or to improve the efficiency of the Coast Guard.\n\nCayman Islands Coast Guard Bill, 2021\nObjects and Reasons\n\nc\n Introduced\nPage 7\n\nClause 21 provides for medical privileges of members of the Coast Guard as well as their\nspouses or civil partners and any children of the family of a member and the member\u2019s\nspouse or civil partner. This clause also provides that those abovementioned persons are\nentitled to medical, dental, and optical treatment benefits no less favourable than those\ntreatment benefits as may be applicable to the public service from time to time and any\nother treatment benefits as may be prescribed.\n\nPART 5 - COAST GUARD RESERVE\nPart 5 contains clauses 22 and 23 and deals with the Coast Guard Reserve.\nClause 22 provides that no person shall discriminate with respect to any other person\u2019s\nconditions of employment by reason of the other person applying to be a reservist, being a\nreservist, or carrying out duties or obligations as a reservist.\nClause 23 provides that a reservist may be called out for obligatory annual service at such\nplace, for such periods and in such manner, as may be prescribed.\n\nPART 6 - OFFENCES\nPart 6 contains clauses 24 and 25 and provides for certain offences in the legislation.\nClause 24 provides for the offence of resisting or obstructing an arrest by an officer. A\nperson who commits this offence is liable on summary conviction to a fine or to\nimprisonment for a term of ten years, or to both. Additionally, the person may be adjudged\nto make compensation to the officer in addition to or in substitution of that penalty.\nClause 25 provides that a person who uses or wears, without authority, the uniform or any\ndecoration of the Coast Guard commits an offence and is liable on summary conviction to\na fine of two thousand dollars or to imprisonment for a term of four years, or to both.\n\nPART 7 - GENERAL\nPart 7 contains clauses 26 to 35 and provides for general matters in the legislation.\nClause 26 provides that a Coast Guard vehicle, while engaged upon its duties, shall be\ndeemed to be an emergency vehicle as defined under the Traffic Act (2021 Revision). This\nmeans that the Traffic Act (2021 Revision) and the regulations made under that Act in\nrelation to emergency vehicles shall apply, with any necessary modifications, to such Coast\nGuard vehicles. This also means that any offences and penalties under the Traffic Act (2021\nRevision) or under regulations made under that Act in relation to emergency vehicles shall\napply, with any necessary modifications, to Coast Guard vehicles.\nClause 27 provides for ICT licensee\u2019s duties in respect of the Coast Guard. ICT licensees\nshall, upon the written request of an officer of the Coast Guard of the rank of Lieutenant\nor above, within the specified timeframe, provide information relating to the current or last\nknown location of an ICT device known or likely to be on board a vessel, for the purposes\n\nObjects and Reasons\nCayman Islands Coast Guard Bill, 2021\n\nPage 8\n Introduced\nc\n\nof the enforcement of any local laws, and other international maritime conventions, treaties\nand instruments relating to the maritime jurisdiction of the Islands.\nClause 28 provides for the regulations which are to be made under the legislation.\nClause 29 provides that the Cabinet may by Order amend the Schedules.\nClause 30 provides for appeals by members of the Coast Guard who have received\ndisciplinary punishments under the legislation.\nClause 31 provides for the establishment of the Coast Guard Legal Protection Fund and the\nCoast Guard Legal Protection Fund Committee.\nClause 32 provides that where any notice, permission, request, or information is to be made\nin writing or in written form, the notice, permission, request or information may be\nrecorded in electronic form and sent by electronic means.\nClause 33 provides that upon the commencement of this legislation, all property of, or\nassigned to, the Joint Marine Unit of the Royal Cayman Islands Police Service becomes\nthe property of the Coast Guard without transfer, conveyance or assurance.\nClause 34 provides for the transition of officers of the Joint Marine Unit of the Royal\nCayman Islands Police Service to the Coast Guard. Where such officers join the Coast\nGuard, the officers shall continue to enjoy remuneration, medical privileges and pension\nbenefits which are not less favourable than the remuneration, medical privileges and\npension benefits that applied to the officers in their previous employment. Such officers\nshall also be subject to such other terms and conditions as are agreed between the officer\nand the Commandant.\nClause 35 deals with the transitional provisions in respect of appointments to the Coast\nGuard prior to the date of commencement of this legislation. The clause provides that a\nperson who is appointed or purported to be appointed to any position in the Coast Guard\nprior to the date of the commencement of the legislation shall be deemed on that date to\nhave been appointed in accordance with the legislation.\nClause 35 also provides that all acts done or purported to be done in furtherance of the\nestablishment and operation of the Coast Guard prior to the date of the commencement of\nthe legislation shall be deemed on that date to have been done in accordance with the\nlegislation.\nSchedule 1 contains the ranks of the commissioned and non-commissioned officers of the\nCoast Guard.\nSchedule 2 contains the form of the commission conferring rank upon an officer of the\nCoast Guard.\nSchedule 3 contains the form of the identity card which is to be issued to members of the\nCoast Guard.\nSchedule 4 contains the fees for those vessels or structures in the custody of, or stored by,\nthe Coast Guard.\n\nCayman Islands Coast Guard Bill, 2021\nArrangement of Clauses\n\nc\nIntroduced\nPage 9\n\nCAYMAN ISLANDS\n\nCAYMAN ISLANDS COAST GUARD BILL, 2021\n\nArrangement of Clauses\nClause\nPage\nPART 1 - PRELIMINARY\n1.\nShort title ................................................................................................................................. 11\n2.\nInterpretation ........................................................................................................................... 11\nPART 2 - ESTABLISHMENT AND ADMINISTRATION OF THE\nCOAST GUARD\n3.\nEstablishment of the Coast Guard ........................................................................................... 15\n4.\nConstitution of the Coast Guard ............................................................................................... 16\n5.\nFinancial provision for the Coast Guard ................................................................................... 16\n6.\nCommand and administration of the Coast Guard.................................................................... 16\n7.\nDelegation of Governor\u2019s functions .......................................................................................... 17\nPART 3 \u2013 POWERS, DUTIES AND PRIVILEGES\n8.\nGeneral powers of the Commandant ....................................................................................... 17\n9.\nDuties of the Coast Guard ....................................................................................................... 19\n10.\nCoast Guard power of arrest .................................................................................................... 21\n11.\nGeneral powers of the Coast Guard ......................................................................................... 21\n12.\nSeizure, custody and disposal of a vessel believed to have been used in the commission\nof an offence ............................................................................................................................ 23\n13.\nFees in respect of vessels or structures taken into custody or stored by the Coast Guard ....... 24\n\nArrangement of Clauses\nCayman Islands Coast Guard Bill, 2021\n\nPage 10\nIntroduced\nc\n\nPART 4 - APPOINTMENTS, ENLISTMENTS, SERVICE,\nDISCHARGE AND TERMINATION\n14.\nAppointment of officers to the Coast Guard ............................................................................. 24\n15.\nAppointment of civilian support staff of the Coast Guard .......................................................... 25\n16.\nSecondment to the Coast Guard .............................................................................................. 25\n17.\nIdentity card ............................................................................................................................. 25\n18.\nResignations ............................................................................................................................ 26\n19.\nTermination of appointment and discharge .............................................................................. 26\n20.\nRetirement and pensions ......................................................................................................... 26\n21.\nMedical privileges .................................................................................................................... 27\nPART 5 \u2013 COAST GUARD RESERVE\n22.\nDiscrimination based on becoming a member of the Coast Guard Reserve ............................. 27\n23.\nObligatory Annual Service ....................................................................................................... 28\nPART 6 - OFFENCES\n24.\nResisting or obstructing an arrest ............................................................................................ 28\n25.\nUnauthorized use of uniform and decorations .......................................................................... 28\nPART 7 - GENERAL\n26.\nApplication of the Traffic Act (2021 Revision) to Coast Guard vehicles .................................... 29\n27.\nICT licensee's duties in respect of the Coast Guard ................................................................. 30\n28.\nRegulations ............................................................................................................................. 31\n29.\nAmendment of Schedules ........................................................................................................ 33\n30.\nAppeals ................................................................................................................................... 34\n31.\nCoast Guard Legal Protection Fund and Coast Guard Legal Protection Fund Committee ........ 34\n32.\nInformation may be recorded and sent by electronic means .................................................... 35\n33.\nVesting of property .................................................................................................................. 35\n34.\nTransition of officers of the Joint Marine Unit to the Coast Guard ............................................. 35\n35.\nTransitional provisions in respect of appointments to the Coast Guard prior to the date of\ncommencement of this Act ....................................................................................................... 36\nSCHEDULE 1\n37\nRanks of Officers of the Coast Guard\n37\nSCHEDULE 2\n38\nForm of commission conferring rank upon an officer of the Coast Guard\n38\nSCHEDULE 3\n39\nIdentity Card\n39\nSCHEDULE 4\n40\nFees for vessels or structures in the custody of, or stored by, the Coast Guard\n40\n\nCayman Islands Coast Guard Bill, 2021\nClause 1\n\nc\nIntroduced\nPage 11\n\nCAYMAN ISLANDS\n\nCAYMAN ISLANDS COAST GUARD BILL, 2021\n\nA BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE CAYMAN\nISLANDS COAST GUARD; TO SPECIFY THE DUTIES AND POWERS OF THE CAYMAN\nISLANDS COAST GUARD; AND FOR INCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART 1 - PRELIMINARY\n1.\nShort title\n1.\nThis Act may be cited as the Cayman Islands Coast Guard Act, 2021.\n2.\nInterpretation\n2.\nIn this Act \u2014\n\u201carmed\u201d means equipped for the use of firearms;\n\u201cbullet-proof vest\u201d means a vest that is capable of providing protection from\nthe penetration of bullets;\n\u201cchief officer\u201d \u2014\n(a) in relation to the Coast Guard, means the person appointed as chief officer\npursuant to the Public Service Management Act (2018 Revision) who has\noversight of the Coast Guard; and\n\nClause 2\nCayman Islands Coast Guard Bill, 2021\n\nPage 12\nIntroduced\nc\n\n(b) where the context otherwise requires, has the meaning assigned by section\n2 of the Public Service Management Act (2018 Revision);\n\u201ccivil servant\u201d means a person employed by an entity other than a public\nauthority and is a public officer as defined by the Constitution;\n\u201cCivil Service Appeals Commission\u201d means the Civil Service Appeals\nCommission appointed under section 58 of the Public Service Management Act\n(2018 Revision);\n\u201ccivilian support staff employee of the Coast Guard\u201d means a person\nemployed by the Coast Guard who is not an officer of the Coast Guard;\n\u201cCoast Guard\u201d means the Cayman Islands Coast Guard established under\nsection 3;\n\u201cCoast Guard Medical Officer\u201d means the officer appointed under section\n14(2)(b) who performs such duties as prescribed by regulations;\n\u201cCoast Guard Reserve\u201d means the Cayman Islands Coast Guard Reserve\nestablished under section 3(2)(b) and which is the reserve component of the\nCoast Guard;\n\u201cCoast Guard vehicle\u201d means any vehicle commissioned into the service of the\nCoast Guard and so recorded on the Coast Guard\u2019s register of assets;\n\u201cCommandant\u201d means the officer appointed by the Governor under section\n14(2)(a) to have command of the Coast Guard;\n\u201ccommission\u201d means an instrument by which the authority of an officer of the\nCoast Guard is exercised and which is issued by the Governor;\n\u201ccommissioned officer\u201d means a person granted a commission by the Governor\nunder section 14(1) and carrying rank and precedence within the Coast Guard\nin a rank specified in Part A of Schedule 1;\n\u201cCommissioner of Police\u201d has the same meaning assigned to the word\n\u201cCommissioner\u201d by section 2 of the Police Act (2021 Revision);\n\u201cdecoration\u201d includes a medal, medal ribbon, clasp and good conduct badge;\n\u201cDeputy Commandant\u201d means the officer appointed by the Governor under\nsection 14(2)(a);\n\u201cdischarge\u201d means, in relation to a non-commissioned officer or a civilian\nsupport staff employee of the Coast Guard, to have that person\u2019s employment\nwith the Coast Guard terminated prior to retirement or resignation from the\nCoast Guard, in accordance with this Act and regulations made under this Act;\n\u201ccivil partner\u201d has the meaning assigned by section 2 of the Civil Partnership\nAct, 2020;\n\u201ccivil partnership\u201d has the meaning assigned by section 2 of the Civil\nPartnership Act, 2020;\n\nCayman Islands Coast Guard Bill, 2021\nClause 2\n\nc\nIntroduced\nPage 13\n\n\u201cenlist\u201d means to accept an offer of a contract of employment, or to agree to a\nsecondment, to become a member of the Coast Guard;\n\u201centity\u201d means any body and includes a ministry, portfolio, statutory authority,\ngovernment company, the Office of the Ombudsman, the Office of the\nInformation Commissioner and the Audit Office;\n\u201cfirearm\u201d has the meaning assigned by section 2(1) of the Firearms Act (2008\nRevision);\n\u201cfit and proper persons\u201d means persons who satisfy the prescribed criteria to\nbe eligible for appointment to the Coast Guard;\n\u201cgovernment company\u201d means \u2014\n(a)\na company in which the Government has a controlling interest; and\n(b) in respect of each such company, includes all subsidiary entities of the\ncompany;\n\u201chigh seas\u201d means all parts of the sea that are not included in the territorial sea\nor in the internal waters of a state or territory;\n\u201cidentity card\u201d means a card issued to a member of the Coast Guard in the form\nset out in Schedule 3, and which is evidence of such member\u2019s appointment;\n\u201clocal law enforcement agency\u201d means any of the following entities \u2014\n(a) the Royal Cayman Islands Police Service established under the Police Act\n(2021 Revision);\n(b) the Customs and Border Control Service established under the Customs and\nBorder Control Act (2021 Revision); and\n(c) any other agency in which powers similar to those exercisable by a\nconstable appointed under the Police Act (2021 Revision) are lawfully\nvested;\n\u201cmaritime environment\u201d means the oceans, seas, bays, estuaries, islands,\ncoastal areas and the airspace above these, including the littorals;\n\u201cmember of the Coast Guard\u201d means \u2014\n(a) an officer of the Coast Guard; or\n(b) a civilian support staff employee of the Coast Guard;\n\u201cmilitary establishment\u201d means a military prison or any other establishment\nunder the control of the Secretary of State or the Minister where persons may\nbe required to serve military sentences of imprisonment or detention;\n\u201cMinister\u201d means the member of Cabinet charged with responsibility for the\nCoast Guard;\n\u201cnon-commissioned officer\u201d means a person appointed by the Commandant\nunder section 14(5) and carrying rank and precedence within the Coast Guard\nin a rank specified in Part B of Schedule 1;\n\nClause 2\nCayman Islands Coast Guard Bill, 2021\n\nPage 14\nIntroduced\nc\n\n\u201cofficer of the Coast Guard\u201d or \u201cofficer\u201d, when used in relation to the Coast\nGuard, means a commissioned officer or non-commissioned officer of the Coast\nGuard;\n\u201cport officer\u201d means an officer referred to in section 8 of the Port Authority Act\n(1999 Revision);\n\u201cprotective equipment\u201d includes batons, handcuffs and other means of\nrestraints, body armour, bullet-proof vests, tasers and pepper spray;\n\u201cpublic authority\u201d means a statutory authority or government company;\n\u201cpublic office\u201d has the same meaning as in section 124 of the Constitution;\n\u201cpublic officer\u201d means the holder of any public office, and includes a person\nappointed to act in any public office;\n\u201crescue coordination centre\u201d means a unit responsible for promoting efficient\norganization of search and rescue services and for coordinating the conduct of\nsearch and rescue operations within a search and rescue region;\n\u201creservist\u201d means an officer of the Coast Guard Reserve;\n\u201csearch and rescue region\u201d means an area of defined dimensions associated\nwith a rescue coordination centre within which search and rescue services are\nprovided;\n\u201csearch and rescue services\u201d means the performance of distress monitoring,\ncommunication, coordination and search and rescue functions, including the\nprovision of medical advice, initial medical assistance, or medical evacuation,\nthrough the use of public and private resources including co-operating aircraft,\nvessels and other craft and installations;\n\u201cstatutory authority\u201d means an entity established by an Act to carry out\nfunctions which are capable under that Act, of being funded, partly or entirely,\nby money provided by the Cabinet, and for which the Governor or the Cabinet\nhas the power to appoint or dismiss the majority of the board or other governing\nbody;\n\u201cterritorial sea\u201d, in relation to the Islands, has the meaning assigned by the\nCayman Islands (Territorial Seas) Order, 1989; and\n\u201cvessel\u201d includes a ship, an aircraft and any other thing or device capable of\nbeing used for conveying goods or persons from one place to another, and\nincludes a vessel being carried or towed by another vessel whether as cargo or\nfor any other purpose.\n\nCayman Islands Coast Guard Bill, 2021\nClause 3\n\nc\nIntroduced\nPage 15\n\nPART 2 - ESTABLISHMENT AND ADMINISTRATION OF THE\nCOAST GUARD\n3.\nEstablishment of the Coast Guard\n3.\n(1) The Cayman Islands Coast Guard, in this Act referred to as \u201cthe Coast Guard\u201d,\nis hereby established as a uniformed and disciplined department of Government,\nwhich is responsible for \u2014\n(a)\nthe maritime enforcement of local laws relating to ensuring the\npreservation of the safety and security of the Islands;\n(b) subject to section 6(3)(b)(ix) of the Maritime Authority Act (2013\nRevision) \u2014\n(i)\nthe coordination of all maritime search and rescue response occurring\nwithin the territorial sea of the Islands and the Islands\u2019 internationally\nagreed search and rescue region; and\n(ii) the delivery of maritime search and rescue response occurring within\nthe territorial sea of the Islands and the Islands\u2019 internationally\nagreed search and rescue region, provided it is within the Coast\nGuard\u2019s operational capability to do so;\n(c)\nensuring compliance with any applicable international law, conventions\nand treaties relating to ensuring the safety of life at sea and pollution\nprevention; and\n(d) enforcing local laws and any applicable international law, conventions and\ntreaties addressing the prevention, detection and disruption of illicit\nactivity within the territorial sea of the Islands or on the high seas, provided\nthat the enforcement does not extend into the territorial waters of another\njurisdiction or breach the established protocols of any applicable\ninternational law, convention or treaty.\n(2) The Coast Guard shall consist of \u2014\n(a)\na regular Coast Guard to be known as the Coast Guard; and\n(b) a reserve Coast Guard to be known as the Coast Guard Reserve.\n(3) Nothing contained in this Act shall be construed so as to permit the Coast Guard\nto be organized as a military establishment or to function as such.\n(4) Notwithstanding subsection (3), the members of the Coast Guard may receive\ntraining and other items of support from military organizations recognized as\nbeing allied to the United Kingdom of Great Britain.\n\nClause 4\nCayman Islands Coast Guard Bill, 2021\n\nPage 16\nIntroduced\nc\n\n4.\nConstitution of the Coast Guard\n4.\n(1) The Coast Guard shall consist of the Commandant, Deputy Commandant and\nsuch ranks as may be specified in Schedule 1.\n(2) The Coast Guard shall consist of \u2014\n(a)\nthe Headquarters Detachment;\n(b) the Sea Detachment;\n(c)\nthe Shore Detachment;\n(d) the Sister Islands Detachment; and\n(e)\nany other such detachments or units as the Governor, after consultation\nwith the Commandant, may think fit to be formed, and the detachments or\nunits shall be styled by such designations as may be prescribed by\nregulations made under section 28.\n5.\nFinancial provision for the Coast Guard\n5.\nThe Government shall provide on an annual basis such funding as is necessary for the\nCoast Guard to carry out its responsibilities under section 3(1).\n6.\nCommand and administration of the Coast Guard\n6.\n(1) The Commandant shall be responsible for the strategic, administrative and\noperational command of the Coast Guard subject to \u2014\n(a)\nsuch strategic directions with respect to the preservation of the maritime\nsafety and the maritime security of the Islands as the Governor may give\nthe Commandant; and\n(b) such strategic policy directions as the chief officer of the Coast Guard may\ngive the Commandant.\n(2) Subject to subsection (1), where an officer of the Coast Guard is appointed by\nthe Commandant to be in charge of other officers of the Coast Guard in any\nplace, the officer of the Coast Guard appointed to be in charge shall be\nresponsible for the control of the other officers of the Coast Guard in that place.\n(3) The Commandant shall render the Commandant\u2019s services exclusively to the\nCoast Guard unless otherwise authorized by the Governor or the chief officer of\nthe Coast Guard, and the Commandant shall be answerable to \u2014\n(a)\nthe Governor for the Commandant\u2019s acts and decisions in so far as those\nacts or decisions relate to the preservation of the maritime safety and the\nmaritime security of the Islands; and\n(b) the chief officer of the Coast Guard for the Commandant\u2019s acts and\ndecisions in so far as those acts or decisions relate to matters involving the\nchief officer\u2019s power to give strategic policy directions.\n(4) Officers of the Coast Guard shall \u2014\n\nCayman Islands Coast Guard Bill, 2021\nClause 7\n\nc\nIntroduced\nPage 17\n\n(a)\nobey and carry out the lawful commands of the Commandant;\n(b) perform the duties assigned to officers of the Coast Guard under this Act;\nand\n(c)\ndo other lawful things as may be necessary for the enforcement of this Act\nand the lawful commands of the Commandant.\n7.\nDelegation of Governor\u2019s functions\n7.\nThe Governor may \u2014\n(a) assign or delegate functions relating to the strategic directions with respect\nto the preservation of the maritime safety and the maritime security of the\nIslands of the Coast Guard to the Premier or, after consultation with the\nPremier, any other member of Cabinet; and\n(b) by written notice to the Premier or the other member of Cabinet, at any\ntime, revoke any functions so assigned or delegated.\nPART 3 \u2013 POWERS, DUTIES AND PRIVILEGES\n8.\nGeneral powers of the Commandant\n8.\n(1) Subject to this Act, the Commandant shall have the command, superintendence\nand direction of the Coast Guard and may \u2014\n(a)\nmake such appointments and promotions in respect of non-commissioned\nofficers of the Coast Guard as the Commandant may see fit;\n(b) make standing orders for the general governance of members of the Coast\nGuard in relation to their control, enrolment, testing, grading, and\nparticular services, and such other orders as the Commandant may deem\nnecessary to prevent neglect and to promote efficiency, good order and\ndiscipline; and\n(c)\nissue a handbook, a code of practice or such other guidelines as the\nCommandant may see fit, for the guidance, governance and regulation of\nmembers of the Coast Guard.\n(2) Where it appears to the Commandant that, having regard to an immediate or\nimminent threat to the maritime safety or maritime security of the Islands, there\nare reasonable grounds to believe that in the interest of public safety or public\norder it is necessary to establish a temporary maritime exclusion zone or a\ntemporary maritime restricted zone within any area of the territorial sea of the\nIslands, the Commandant may \u2014\n(a)\nafter notifying the Governor of the immediate or imminent threat to the\nmaritime safety or maritime security of the Islands; and\n(b) with the written permission of the Governor,\n\nClause 8\nCayman Islands Coast Guard Bill, 2021\n\nPage 18\nIntroduced\nc\n\nestablish a temporary maritime exclusion zone or a temporary maritime\nrestricted zone.\n(3) Where, in accordance with subsection (2), the Commandant makes a decision\nwith the written permission of the Governor to establish a temporary maritime\nexclusion zone or a temporary maritime restricted zone within any area of the\nterritorial sea of the Islands \u2014\n(a)\nthe Governor shall notify the Cabinet within twenty-four hours of the\ndecision; and\n(b) the exclusion or restriction shall endure for up to forty-eight hours, unless\nthat period is extended with the written permission of the Governor.\n(4) Where the Governor permits the extension of the period of an exclusion or\nrestriction in accordance with subsection (3), the extension shall endure for up\nto a further period of forty-eight hours, which period may be extended in\nincrements of up to forty-eight hours, as long as the Governor is satisfied that\nan immediate or imminent threat to the maritime safety or maritime security of\nthe Islands remains.\n(5) Where the Governor permits the extension of the period of an exclusion or\nrestriction in accordance with subsection (3), the Governor shall notify the\nCabinet within twenty-four hours of each decision to permit the extension of the\nperiod.\n(6) Where the period specified for a temporary maritime exclusion zone or\ntemporary maritime restricted zone comes to an end, whether by effluxion of\ntime or by a decision of the Governor to revoke the Governor\u2019s written\npermission, the Governor shall notify the Cabinet within twenty-four hours\nthereafter.\n(7) The Commandant may delegate the Commandant\u2019s powers to any officer of the\nCoast Guard, but the Commandant shall not delegate the Commandant\u2019s power\nunder subsection (2) or the Commandant\u2019s power to hear any appeal relating to\nan offence against discipline or to impose upon a member of the Coast Guard\nany punishment which includes reduction in rank or discharge.\n(8) Standing orders issued by the Commandant pursuant to subsection (1)(b) shall\nbe published in the Gazette.\n(9) For the purposes of this section \u2014\n\u201ctemporary maritime exclusion zone\u201d means an area of the territorial sea of\nthe Islands from which vessels or certain types or classes of vessels are excluded\nfor a specified period; and\n\u201ctemporary maritime restricted zone\u201d means an area of the territorial sea of\nthe Islands from which vessels or certain types or classes of vessels are restricted\nfor a specified period.\n\nCayman Islands Coast Guard Bill, 2021\nClause 9\n\nc\nIntroduced\nPage 19\n\n9.\nDuties of the Coast Guard\n9.\n(1) The duties of the Coast Guard are to \u2014\n(a)\npatrol the territorial sea of the Islands and the high seas;\n(b) in the event of a spill of oil or other hazardous chemical in the territorial\nsea, provide assistance to the department responsible for the environment\nby providing maritime transportation to, and collecting samples of the oil\nor chemical for assessment by, that department;\n(c)\nenforce, and assist in the enforcement of, any laws, and international\nmaritime conventions, treaties, and instruments relating to the maritime\njurisdiction of the Islands, including those for the promotion of safety of\nlife and property at sea, the enforcement of which may extend into the high\nseas, but shall not extend into the maritime jurisdiction of another state or\nterritory, without that state\u2019s or territory\u2019s express permission;\n(d) prevent persons from boarding, holding on to or clinging to any vessel\nwithout the permission of the master of the vessel, and where necessary,\nremove any such person from the vessel;\n(e)\nrender aid and assistance to persons or vessels in distress and subject to\nsection 6(3)(b)(ix) of the Maritime Authority Act (2013 Revision), to\nconduct and coordinate all such search and rescue operations, within the\nsearch and rescue region of the Islands in accordance with the International\nConvention on Maritime Search and Rescue, 1979 and any other\napplicable international conventions;\n(f)\ngrant, within its legal and operational capabilities, requests for assistance\nfrom local and international government agencies in the performance of\ntheir functions and which are consistent with the duties and functions of\nthe Coast Guard;\n(g) organize, train and supervise the Coast Guard Reserve for the purpose of\nassisting the Coast Guard in carrying out its functions;\n(h) inspect vessels to ensure and enforce compliance with local and\ninternational safety laws, regulations, rules and standards, including the\nPort Authority Act (1999 Revision) and any regulations made under that\nAct;\n(i)\nassist any local law enforcement agency in the execution of its duties\nwhere that duty is to be executed in the maritime environment;\n(j)\nco-operate with local and international law enforcement agencies or the\narmed forces of another country by taking any necessary measures to\nensure the suppression of illicit activities occurring in the territorial sea of\nthe Islands or on the high seas, provided the measures do not extend into\nthe maritime jurisdiction of another state or territory, without that state\u2019s\nor territory\u2019s express permission; and\n\nClause 9\nCayman Islands Coast Guard Bill, 2021\n\nPage 20\nIntroduced\nc\n\n(k) perform such other functions and duties as may be necessary for carrying\ninto effect the objectives of this Act.\n(2) For the purposes of carrying out duties under this Act, officers of the Coast\nGuard have the same powers, authorities and privileges as are conferred on \u2014\n(a)\na constable by the Police Act (2021 Revision);\n(b) a customs and border control officer by the Customs and Border Control\nAct (2021 Revision);\n(c)\na conservation officer by the National Conservation Act, 2013; and\n(d) a port officer by the Port Authority Act (1999 Revision).\n(3) An officer of the Coast Guard may, in the performance of the officer\u2019s duties,\ncarry and use firearms and protective equipment with the authority of the\nCommandant given under and in accordance with the general or special\ndirections of the Governor \u2014\n(a) in the territorial sea of the Islands;\n(b) on property of the Coast Guard; or\n(c) on land within the Islands not covered with water, where the officer is in\nhot or immediate pursuit and the pursuit extends to land within the Islands\nnot covered with water.\n(4) Notwithstanding subsection (3)(b) and (c), an officer of the Coast Guard shall\nonly carry and use firearms and protective equipment on land within the Islands\nnot covered with water with the authority of the Commissioner of Police and in\naccordance with such terms and conditions as the Commissioner of Police may\nimpose in relation to the carrying and use of the firearms and the protective\nequipment.\n(5) For the purposes of carrying out the duties under subsection (1)(e), the\nCommandant or Deputy Commandant may commandeer any vessel or conscript\nthe services of any private person as may be necessary.\n(6) Where the Commandant or Deputy Commandant commandeers any vessel or\nconscripts the services of any private person under subsection (5) \u2014\n(a)\nthe vessel or person is deemed to be temporarily afforded such insurance\ncoverage as may exist for the Coast Guard with respect to damage to, or\nloss of, property or with respect to personal injury;\n(b) financial compensation shall be paid to the owner of the vessel for any fuel\nused during the period the vessel was commandeered; and\n(c)\nthe private person is not liable for any loss or damage to any other vessel\nor structure or any loss or injury to any person or property on board any\nsuch vessel or structure, unless it is shown that the private person acted\nnegligently or in bad faith.\n\nCayman Islands Coast Guard Bill, 2021\nClause 10\n\nc\nIntroduced\nPage 21\n\n10.\nCoast Guard power of arrest\n10. (1) An officer of the Coast Guard, in the execution of the officer\u2019s duties, may \u2014\n(a)\npursue and arrest with or without a warrant a person who commits an\narrestable offence or who the officer reasonably suspects of having\ncommitted or being about to commit an arrestable offence against any law\nof the Islands, whether the person has landed or not; and\n(b) take such steps as are reasonably justified in the circumstances of the case\nin order to ensure compliance with any directions given in pursuance of\nthis Act.\n(2) Where an officer of the Coast Guard arrests a person with or without a\nwarrant \u2014\n(a)\nthe officer of the Coast Guard shall do so in accordance with the Police\nAct (2021 Revision); and\n(b) the officer of the Coast Guard shall deliver the person within a reasonable\ntime to the relevant officer to be dealt with in accordance with the relevant\nAct under which the person was arrested.\n(3) For the purposes of this section \u2014\n\u201crelevant Act\u201d means any Act under which a relevant officer \u2014\n(a)\nmay compel compliance with the Act; or\n(b) is responsible for carrying out and enforcing the Act; and\n\u201crelevant officer\u201d means \u2014\n(a)\na police officer;\n(b) a customs and border control officer;\n(c)\na conservation officer; or\n(d) a port officer.\n11.\nGeneral powers of the Coast Guard\n11. (1) An officer of the Coast Guard, in the execution of the officer\u2019s duties, may \u2014\n(a)\npursue any vessel in the territorial sea or in any harbour or port of the\nIslands that the officer suspects is being used in the commission of an\noffence or in any unlawful operation or enterprise and cause the vessel to\nbe stopped and boarded, or to be stopped, boarded, searched and inspected;\n(b) search any vessel, and after demand and refusal of any key, break open\nany receptacle or break down any door, where the officer reasonably\nsuspects that there is on board the vessel any property that has been stolen\nor unlawfully obtained, or any article prohibited to be exported or\nimported;\n\nClause 11\nCayman Islands Coast Guard Bill, 2021\n\nPage 22\nIntroduced\nc\n\n(c)\ndirect, for the purposes of any lawful examination, inspection,\ninvestigation or inquiry, that the vessel be taken to such place as the officer\nspecifies;\n(d) remain on board any such vessel for such reasonable time as the officer\nthinks necessary;\n(e)\ndeliver any property that the officer reasonably suspects to have been\nstolen or unlawfully obtained, or any article prohibited to be exported or\nimported, and the person in whose possession the property or article is\nfound, within a reasonable time, into the custody of a police officer to be\ndealt with in accordance with section 53 of the Police Act (2021 Revision);\n(f)\nseize, take into custody or dispose of subject to prescribed procedures, the\nMerchant Shipping Act (2021 Revision) or the Port Authority Act (1999\nRevision), any vessel or structure that the officer may have reason to\nbelieve poses a risk to the safety of life of maritime users or operators, or\nthe maritime environment of the Islands;\n(g) in accordance with section 12, seize, take into custody and dispose of any\nvessel or structure that the officer may have reason to believe was used in\nthe commission of an offence;\n(h) for the purposes of any lawful examination, inspection, investigation or\ninquiry, require the production of, inspect and make copies of or take\nextracts from, any license, permit, record, certificate or other document;\n(i)\nrequire crew or passengers of a vessel to answer such questions as the\nofficer thinks fit to ask, on matters related to the performance of the\nofficer\u2019s duties;\n(j)\ninvestigate any offence under any law of the Islands for which the Coast\nGuard has jurisdiction which the officer has reason to suspect is being\ncommitted, is about to be committed or has been committed; and\n(k) use such force as is necessary to neutralize \u2014\n(i)\nimminent or direct threats to the health and safety of members of the\nCoast Guard while in the execution of their duty under this Act; or\n(ii) imminent threats directed towards any other person.\n(2) Where an officer of the Coast Guard, in the execution of the officer\u2019s duties,\npursues a vessel under subsection (1)(a), the pursuit of the vessel may extend\ninto the high seas, but shall not extend into the territorial waters of another\njurisdiction or breach the established protocols of any applicable international\nlaw, convention or treaty.\n(3) Nothing in this section authorizes an officer of the Coast Guard to \u2014\n(a)\ndetain a vessel within the territorial sea of the Islands if the passage of that\nvessel within the territorial sea of the Islands is an innocent passage; or\n(b) unnecessarily prevent a ship from proceeding on a voyage.\n\nCayman Islands Coast Guard Bill, 2021\nClause 12\n\nc\nIntroduced\nPage 23\n\n(4) For the purpose of this section, the passage of a vessel is an innocent passage if\nthe passage is not prejudicial to the peace, good order, safety or security of the\nIslands and its residents.\n(5) An officer is not liable for any loss or damage to any vessel or structure referred\nto in subsection (1), or any loss or injury to any person on board any such vessel\nor structure, occasioned in the execution of the officer\u2019s duty, unless it is shown\nthat the officer acted negligently or in bad faith.\n(6) In the exercise of any power conferred on an officer of the Coast Guard by this\nAct, the officer may use reasonable force, where necessary to ensure\ncompliance.\n(7) A person who \u2014\n(a)\nassaults, obstructs, resists or wilfully delays an officer of the Coast Guard\nacting in pursuance of this section; or\n(b) fails to comply, without reasonable excuse, with any directions given in\npursuance of this section,\ncommits an offence and is liable on summary conviction to a fine of four\nthousand dollars, or to imprisonment for a term of six months, or to both.\n(8) A person who is convicted of an offence under subsection (7) may be adjudged\nto make compensation to the officer of the Coast Guard injured by the person\u2019s\noffence or by any other similar offences committed by the person which are\ntaken into consideration by the court in determining sentence.\n(9) The compensation referred to in subsection (8) may be in addition to or in\nsubstitution of the penalty for the offence under subsection (7).\n12.\nSeizure, custody and disposal of a vessel believed to have been used in the\ncommission of an offence\n12. (1) Where an officer seizes a vessel or structure pursuant to section 11(1)(g), the\nofficer shall retain it in secure custody except while it is being used in evidence\nor is in the custody of any court, until it is disposed of under this section.\n(2) In any proceeding for an offence relating to a vessel or structure seized under\nsection 11(1)(g), the court may order, either at the hearing or on application by\nan officer of the rank of Lieutenant or above, that \u2014\n(a)\nthe vessel or structure be delivered to the person appearing to the court to\nbe entitled to it; or\n(b) the vessel or structure be disposed of in such manner as the court thinks\nappropriate.\n(3) If no proceeding is taken in respect of an offence relating to the vessel or\nstructure within three months after its seizure, or if a proceeding is taken but no\n\nClause 13\nCayman Islands Coast Guard Bill, 2021\n\nPage 24\nIntroduced\nc\n\norder of forfeiture is made, the vessel or structure shall be returned to the person\nfrom whom it was seized.\n13.\nFees in respect of vessels or structures taken into custody or stored by the\nCoast Guard\n13. (1) Where a vessel or structure is \u2014\n(a)\ntaken into custody under this Act; or\n(b) being stored by the Coast Guard pursuant to any lawful authority,\nthe owner or person last having control of the vessel or structure, unless\notherwise determined by the court, shall pay to the Commandant the fees\nreferred to in subsection (2), which are set out in Schedule 4.\n(2) The fees under subsection (1) are \u2014\n(a)\ntowing fees in respect of every hour or part of an hour where the vessel is\ntowed by the Coast Guard; and\n(b) storage fees in respect of every day or part of a day that the vessel or\nstructure remains in the custody of, or stored by, the Coast Guard.\n(3) An officer is not liable for any loss or damage to any vessel or structure referred\nto in subsection (1), or any loss or injury to any person or property on board any\nsuch vessel or structure, unless it is shown that the officer acted negligently or\nin bad faith.\nPART 4 - APPOINTMENTS, ENLISTMENTS, SERVICE,\nDISCHARGE AND TERMINATION\n14.\nAppointment of officers to the Coast Guard\n14. (1) The Governor shall, by commission under the Governor\u2019s hand, appoint fit and\nproper persons to be commissioned officers of the Coast Guard.\n(2) The Governor shall appoint \u2014\n(a)\na Commandant and a Deputy Commandant; and\n(b) a Coast Guard Medical Officer.\n(3) Commissioned officers of the Coast Guard shall hold such rank specified in Part\nA of Schedule 1 and every commission granted under subsection (1) shall be\npublished in the Gazette.\n(4) A commission granted under subsection (1) shall be issued in the form set out\nin Schedule 2.\n(5) The Commandant shall appoint non-commissioned officers of the Coast Guard.\n\nCayman Islands Coast Guard Bill, 2021\nClause 15\n\nc\nIntroduced\nPage 25\n\n(6) Non-commissioned officers of the Coast Guard shall be employed on a term of\nenlistment for a period of four years, and shall be governed by the regulations\nmade under this Act.\n(7) Notwithstanding subsection (6), a non-commissioned officer of the Coast Guard\nmay re-enlist in accordance with the regulations made under this Act.\n15.\nAppointment of civilian support staff of the Coast Guard\n15. (1) At the request of the Commandant, the chief officer of the Coast Guard may, in\naccordance with the Public Service Management Act (2018 Revision), recruit\nand appoint civilian support staff employees to work within the Coast Guard on\nsuch terms and conditions as may be agreed by all parties concerned.\n(2) From the date of a person\u2019s appointment as a civilian support staff employee of\nthe Coast Guard, the person\u2019s employment shall be governed by this Act and\nany regulations made under this Act.\n16.\nSecondment to the Coast Guard\n16. (1) At the request of the Commandant, a civil servant may, with the consent of that\ncivil servant and the Deputy Governor, be temporarily appointed to the Coast\nGuard for such period as may be determined by the Commandant.\n(2) At the request of the Commandant, a public officer may, with the consent of that\npublic officer and the relevant chief officer, be temporarily appointed to the\nCoast Guard for such period as may be determined by the Commandant.\n(3) Where a civil servant or a public officer is appointed to the Coast Guard in\naccordance with subsection (1) or (2), the civil servant or the public officer\nshall \u2014\n(a)\ncontinue to enjoy remuneration and pension benefits which are not less\nfavourable than the remuneration and pension benefits to which the civil\nservant or the public officer was entitled on the day immediately prior to\nthe date of such appointment;\n(b) be subject to such other terms and conditions as are agreed between the\ncivil servant or the public officer and the Commandant; and\n(c)\nfrom the date of such appointment, be a member of the Coast Guard and\nall matters relating to that civil servant or public officer shall be governed\nby this Act and any regulations made under this Act.\n17.\nIdentity card\n17. An identity card, in the form set out in Schedule 3, signed by the Commandant, shall\nbe issued to every member of the Coast Guard and shall be evidence of such\nmember\u2019s appointment.\n\nClause 18\nCayman Islands Coast Guard Bill, 2021\n\nPage 26\nIntroduced\nc\n\n18.\nResignations\n18. An officer of the Coast Guard shall resign in accordance with the regulations made\nunder this Act in relation to personnel, management and discipline.\n19.\nTermination of appointment and discharge\n19. (1) The Governor may, in accordance with the regulations made under this Act in\nrelation to personnel, management and discipline, terminate the appointment of\nthe Commandant or Deputy Commandant.\n(2) The Governor may, on the recommendation of the Commandant and in\naccordance with the regulations made under this Act in relation to personnel,\nmanagement and discipline, terminate the appointment of any commissioned\nofficer of the Coast Guard at or below the rank of Lieutenant Commander.\n(3) Notwithstanding subsection (2), where a Deputy Commandant is at the rank of\nLieutenant Commander, subsection (1) shall apply as it relates to termination of\nthe Deputy Commandant\u2019s appointment.\n(4) The Commandant may, in accordance with the regulations made under this Act\nin relation to personnel, management and discipline, discharge any noncommissioned officer of the Coast Guard.\n20.\nRetirement and pensions\n20. (1) A member of the Coast Guard who has attained the age of sixty years shall be\nretired but may, in special circumstances as determined by the Commandant and\nfor temporary periods, be accepted for such service as may be fixed by contract,\nand where the member is an officer of the Coast Guard, upon the successful\ncompletion of a fitness and medical test by such officer.\n(2) Notwithstanding the age of retirement under subsection (1), an officer of the\nCoast Guard who has served for thirty years in the Coast Guard may retire but\nmay, in special circumstances as determined by the Commandant and for\ntemporary periods, be accepted for further service as may be fixed by contract.\n(3) The Governor may \u2014\n(a)\nin the public interest;\n(b) on medical grounds; or\n(c)\nto improve the efficiency of the Coast Guard,\ncall upon the Commandant or the Deputy Commandant to retire.\n(4) The Commandant may \u2014\n(a)\nin the public interest;\n(b) on medical grounds; or\n(c)\nto improve the efficiency of the Coast Guard,\n\nCayman Islands Coast Guard Bill, 2021\nClause 21\n\nc\nIntroduced\nPage 27\n\ncall upon any officer of the Coast Guard, other than an officer of the Coast Guard\nreferred to in subsection (3), to retire on pension.\n(5) The officer of the Coast Guard called upon in subsection (3) or (4) may retire.\n(6) The Public Service Pensions Act (2021 Revision) shall, subject to this Act, apply\nto all members of the Coast Guard except a member of the Coast Guard\nemployed upon contractual terms applicable to that member which provide for\nor specifically exclude pension rights.\n(7) An officer of the Coast Guard \u2014\n(a)\nwho has attained the rank of Lieutenant Commander or above; and\n(b) whose appointment has ended under conditions other than dishonourable,\nshall be permitted by the Commandant to retain the honorary use of the officer\u2019s\nlast rank, in its abbreviated format, and the rank shall be accompanied by the\nword \u201cRetired\u201d or in its abbreviated format, \u201cRet.\u201d.\n21.\nMedical privileges\n21. (1) A member of the Coast Guard, the member\u2019s spouse or civil partner and any\nchild of the family of a member and the member\u2019s spouse or civil partner are\nentitled to \u2014\n(a)\nmedical, dental, and optical treatment benefits no less favourable than\nthose treatment benefits as may be applicable to the public service from\ntime to time; and\n(b) any other treatment benefits as may be prescribed.\n(2) For the purposes of this section, \u201cchild of the family\u201d means a child who is the\nchild, adopted or otherwise, of either party of a marriage or civil partnership or\nwho has been brought up in the matrimonial home or the civil partnership home\nof such parties as a child of the family and is \u2014\n(a)\nunder the age of eighteen years, unmarried or not a party to a civil\npartnership and is not employed; or\n(b) eighteen years of age or over but under twenty-three years of age,\nunmarried or not a party to a civil partnership and in full-time education at\na university or other tertiary education institution.\nPART 5 \u2013 COAST GUARD RESERVE\n22.\nDiscrimination based on becoming a member of the Coast Guard Reserve\n22. (1) No person (whether an employer or an employee) shall discriminate with respect\nto any other person\u2019s hire, promotion, dismissal, tenure, wages, hours or other\nconditions of employment, by reason of the other person \u2014\n\nClause 23\nCayman Islands Coast Guard Bill, 2021\n\nPage 28\nIntroduced\nc\n\n(a)\napplying to be a reservist;\n(b) being a reservist; or\n(c)\ncarrying out the person\u2019s duties or obligations as a reservist.\n(2) Subsection (1) shall not be construed as prohibiting the taking of any personnel\naction genuinely related to an employee\u2019s ability to discharge the duties of the\nemployment in question.\n(3) A person who contravenes subsection (1), commits an offence and is liable on\nsummary conviction to a fine of five thousand dollars or to imprisonment for a\nterm of one year, or to both.\n23.\nObligatory Annual Service\n23. A reservist may be called out for obligatory annual service at such place, for such\nperiods and in such manner, as may be specified in the regulations made under this\nAct.\nPART 6 - OFFENCES\n24.\nResisting or obstructing an arrest\n24. (1) A person who assaults, obstructs, resists or wilfully delays an officer of the\nCoast Guard in exercising the power of arrest under section 10 commits an\noffence and is liable on summary conviction to a fine or to imprisonment for a\nterm of ten years, or to both.\n(2) A person who is convicted of an offence under subsection (1) may be adjudged\nto make compensation to the officer of the Coast Guard injured by the person\u2019s\noffence or by any other similar offences committed by the person which are\ntaken into consideration by the court in determining sentence.\n(3) The compensation referred to in subsection (2) may be in addition to or in\nsubstitution of the penalty for the offence under subsection (1).\n25.\nUnauthorized use of uniform and decorations\n25. (1) A person who \u2014\n(a)\nnot being an officer of the Coast Guard, wears in a public place, without\nauthority, the uniform of the Coast Guard, or any attire having the\nappearance or bearing of any of the regimental or other distinctive marks\nof any such uniform;\n(b) has in that person\u2019s possession, without authority, a uniform of the Coast\nGuard or part thereof, or any decoration, badge, wound stripe, emblem or\nequipment prescribed by regulations or supplied or authorized by the\nGovernment for the use of the Coast Guard;\n\nCayman Islands Coast Guard Bill, 2021\nClause 26\n\nc\nIntroduced\nPage 29\n\n(c)\nuses or wears, without authority, any decoration, badge, wound stripe or\nemblem so nearly resembling any decoration, badge, wound stripe or\nemblem under paragraph (b), as to be calculated to deceive;\n(d) falsely represents himself or herself to be a person who has or had the\nauthority to use or wear any such decoration, badge, stripe or emblem; or\n(e)\nin relation to a decoration awarded to an officer of the Coast Guard \u2014\n(i)\npurchases or pawns the decoration;\n(ii) solicits or procures any other person to sell or pledge the decoration;\nor\n(iii) acts for any person in the sale or pledging of the decoration,\ncommits an offence and is liable on summary conviction to a fine of two\nthousand dollars or to imprisonment for a term of four years, or to both.\n(2) Nothing in subsection (1)(a), (b), (c) or (d) prevents or prohibits a person\nfrom \u2014\n(a)\nwearing a uniform or dress, with the written permission of the\nCommandant, in the course of a stage play performed in a place duly\nlicensed or authorized for the public performance of stage plays, or in the\ncourse of a music hall or circus performance; or\n(b) using or wearing ordinary naval badges or brooches or ornaments\nrepresenting those naval badges.\n(3) It is a defence for a person charged with an offence under subsection (1)(e) that\nat the time of the alleged offence, the officer of the Coast Guard to whom the\ndecoration was awarded was deceased or had ceased to be an officer of the Coast\nGuard.\n(4) A member of the Coast Guard who contravenes this section in the carrying out\nof the member\u2019s duties commits an offence and is liable to be tried by a tribunal\nas prescribed by regulations and punished in accordance with those regulations.\nPART 7 - GENERAL\n26.\nApplication of the Traffic Act (2021 Revision) to Coast Guard vehicles\n26. While engaged upon its duties, a Coast Guard vehicle shall be deemed to be an\nemergency vehicle, as defined under section 2 of the Traffic Act (2021 Revision),\nand \u2014\n(a)\nthat Act and the regulations made under that Act in relation to emergency\nvehicles; and\n(b) any offences and penalties under that Act or under regulations made under\nthat Act in relation to emergency vehicles,\n\nClause 27\nCayman Islands Coast Guard Bill, 2021\n\nPage 30\nIntroduced\nc\n\nshall apply, with any necessary modifications, to Coast Guard vehicles.\n27.\nICT licensee's duties in respect of the Coast Guard\n27. (1) Upon the written request of an officer of the Coast Guard of the rank of\nLieutenant or above, a licensee shall provide to the Coast Guard in such form as\nrequired, and within the timeframe referred to in subsection (2), information\nrelating to the current or last known location of an ICT device known or likely\nto be on board a vessel, for the purposes of the enforcement of any local laws,\nand other international maritime conventions, treaties and instruments relating\nto the maritime jurisdiction of the Islands.\n(2) The timeframes within which the information requested under subsection (1) is\nto be provided to the Coast Guard are as follows \u2014\n(a)\nwhere the request is headed \u201cROUTINE\u201d, the licensee shall provide the\ninformation no later than ten working days after the date on which the\nrequest is sent;\n(b) where the request is headed \u201cURGENT\u201d, the licensee shall provide the\ninformation no later than twenty-four hours after the time at which the\nrequest is sent; and\n(c)\nwhere the request is headed \u201cPRIORITY\u201d, the licensee shall provide the\ninformation no later than fifteen minutes after the time at which the request\nis sent.\n(3) For the purposes of subsection (1), a licensee shall ensure that there are at least\ntwo designated persons in the Islands, one being the primary contact and the\nother being the secondary contact, whose responsibility it is to provide the Coast\nGuard with \u2014\n(a)\nthe information requested under subsection (1) in the timeframe referred\nto in subsection (2); and\n(b) any other information requested in accordance with any other lawful\nauthority.\n(4) A licensee shall provide the details of the persons so designated under\nsubsection (3) to the Coast Guard, and the appointment of such designated\npersons shall be subject to satisfactory security clearance by the Coast Guard.\n(5) A licensee who \u2014\n(a)\nwithout reasonable excuse, refuses or fails to provide the information\nrequired under subsection (1) in the timeframe referred to in subsection\n(2); or\n(b) knowingly gives false or misleading information to an officer of the Coast\nGuard of the rank of Lieutenant or above requiring the information,\ncommits an offence and is liable, on summary conviction, to a fine of ten\nthousand dollars, or to imprisonment for a term of one year, or to both.\n\nCayman Islands Coast Guard Bill, 2021\nClause 28\n\nc\nIntroduced\nPage 31\n\n(6) For the purposes of this section \u2014\n\u201cICT\u201d has the meaning assigned by section 2 of the Information and\nCommunications Technology Act (2019 Revision); and\n\u201clicensee\u201d has the meaning assigned by section 2 of the Information and\nCommunications Technology Act (2019 Revision).\n28.\nRegulations\n28. (1) The Cabinet may, after consultation with the Commandant, make regulations\nfor the good governance and organization of the Coast Guard, for ensuring\nmaritime safety and maritime security in the Islands and for giving effect to this\nAct and the matters required by this Act to be prescribed, including the\nfollowing \u2014\n(a)\nthe numerical establishment of the Coast Guard and the conditions of\nservice in respect of the various grades, ranks and appointments of the\nCoast Guard;\n(b) the constitution, governance, qualifications and command of the Coast\nGuard;\n(c)\nthe recruitment, enlistment and re-enlistment of members of the Coast\nGuard;\n(d) the transfer of civil servants and public officers to the Coast Guard;\n(e)\nthe granting of commissions and the categories of commissions which may\nbe granted;\n(f)\nthe duties to be performed by members of the Coast Guard and guidance\nin the performance or discharge of such duties;\n(g) salary, retirement benefits and allowances;\n(h) special pensions in the event of death or incapacity attributable to\nperformance of duty;\n(i)\nfuneral expenses of members of the Coast Guard, including criteria for\neligibility for the payment, or defraying the cost, of those funeral expenses,\nout of public funds;\n(j)\ninsurance coverage with respect to damage to, or loss of, property or with\nrespect to personal injury where such damage, loss or injury is attributable\nto performance of duty;\n(k) medical privileges of members of the Coast Guard, and for spouses or civil\npartners of, and children of the family in relation to, members of the Coast\nGuard;\n(l)\nthe description and issue of firearms, protective equipment, uniforms and\nany other articles to be supplied;\n\nClause 28\nCayman Islands Coast Guard Bill, 2021\n\nPage 32\nIntroduced\nc\n\n(m) discipline and disciplinary procedure, including providing for deductions\nfrom, or forfeiture or stoppage of, pay;\n(n) the establishment of a disciplinary tribunal to hear and determine certain\noffences under this Act;\n(o) Coast Guard identification, including measurements, fingerprints, palm\nprints, photographs and the records thereof;\n(p) the ranks, powers and authority of members of the Coast Guard;\n(q) the discharge, retirement, resignation, release or promotion of members of\nthe Coast Guard;\n(r)\nthe retention and use of uniforms, including any decoration, badge, wound\nstripe or emblem, by retired officers of the Coast Guard;\n(s)\nthe handing over of public property where a person ceases to be a member\nof the Coast Guard;\n(t)\nthe governance, discipline and pay of the Coast Guard Reserve;\n(u) the discharge or termination of officers of the Coast Guard Reserve;\n(v) the calling out of the Coast Guard Reserve on temporary service and\npermanent service, and for training, including the manner in which\nnotification of the places and times appointed for training is to be given;\n(w) requiring officers of the Coast Guard Reserve to report to their\ncommanding officers;\n(x) the appointment, composition, procedures and responsibilities of the Coast\nGuard Legal Protection Fund Committee;\n(y) the control, administration, application and management of the Coast\nGuard Legal Protection Fund;\n(z)\nthe creation of an administrative penalty system in respect of any offence\nunder this Act or regulations made under this Act, including \u2014\n(i)\nforms and procedures for imposing the administrative penalty; and\n(ii) how the administrative penalty shall be paid and may be enforced,\nand\nsuch other matters that are necessary or convenient to give effect to the\ncreation of the administrative penalty system; and\n(aa) any other matter that by this Act is required or permitted to be prescribed\nor that is necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Any power of the Cabinet to make regulations under this Act includes the\npower \u2014\n(a)\nto make different provisions in relation to different cases or classes of case;\nand\n\nCayman Islands Coast Guard Bill, 2021\nClause 29\n\nc\nIntroduced\nPage 33\n\n(b) to provide for such exceptions, limitations and conditions, and to make\nsuch supplementary, incidental, consequential, transitional and saving\nprovisions,\nas the Cabinet considers necessary.\n(3) The Cabinet may, after consultation with the Commandant, make regulations to\nensure maritime safety and maritime security in the territorial sea of the Islands,\nincluding regulations to address criminal or anti-social behaviour within the\nterritorial sea of the Islands.\n(4) Regulations made under this Act with respect to salaries, allowances, pensions\nor gratuities shall be subject to negative resolution of the Parliament and may\nbe given retrospective effect.\n(5) Where regulations made under this Act provide that the contravention of a\nprovision of the regulations constitutes a criminal offence, the regulations\nmay \u2014\n(a)\nprescribe penalties for any such offence which shall not exceed penalties\nimposed under this Act; and\n(b) provide for restitution in the case of damage or loss of any property caused\nby an offender in the commission of the offence.\n(6) Where regulations made under this Act provide that the contravention of a\nprovision of the regulations constitutes a disciplinary offence, the regulations\nmay prescribe a penalty of any one or a combination of not more than three of\nthe following punishments \u2014\n(a)\ncaution;\n(b) reprimand;\n(c)\nsurcharge in respect of any loss sustained;\n(d) fine not exceeding the equivalent of seven days\u2019 pay;\n(e)\nreduction in rank;\n(f)\nforfeiture of increments due over a twelve-month period;\n(g) special probation for a period not exceeding twelve months;\n(h) requirement to resign as an alternative to discharge or termination; and\n(i)\ndischarge or termination.\n29.\nAmendment of Schedules\n29. The Cabinet may by Order amend the Schedules.\n\nClause 30\nCayman Islands Coast Guard Bill, 2021\n\nPage 34\nIntroduced\nc\n\n30.\nAppeals\n30. (1) Where a member of the Coast Guard has received a disciplinary punishment\nunder this Act, or regulations made under this Act, the member of the Coast\nGuard may appeal to the Civil Service Appeals Commission against the finding\nor the punishment or both, in accordance with the procedure set out in section\n54 of the Public Service Management Act (2018 Revision).\n(2) The Civil Service Appeals Commission shall hear and determine appeals made\nunder this section in accordance with the Public Service Management Act (2018\nRevision).\n(3) Where a member of the Coast Guard is aggrieved by a decision of the Civil\nService Appeals Commission under this section, the member of the Coast Guard\nmay seek leave of the Grand Court to apply for judicial review of the decision.\n31.\nCoast Guard Legal Protection Fund and Coast Guard Legal Protection Fund\nCommittee\n31. (1) There is established \u2014\n(a) a Coast Guard Legal Protection Fund, the funds of which shall be applied\nin a manner as may be prescribed, for the purpose of providing assistance\ntowards the payment of legal fees or associated costs in relation to \u2014\n(i)\nthe defence of a legal action brought against a member of the\nCoast Guard for any prescribed act committed while the member\nof the Coast Guard was acting in the performance of the\nmember\u2019s duties; and\n(ii)\nthe defence of a disciplinary action brought against a member of\nthe Coast Guard; and\n(b) the Coast Guard Legal Protection Fund Committee, which is responsible\nfor \u2014\n(i)\nthe management of the Coast Guard Legal Protection Fund; and\n(ii) such other activities \u2014\n(A) as may be prescribed by regulations made under this Act; and\n(B) as may be required to give effect to the purposes of the Coast\nGuard Legal Protection Fund.\n(2) The Coast Guard Legal Protection Fund shall be comprised of \u2014\n(a)\nan annual allotment of a sum to be determined by the Cabinet; and\n(b) voluntary contributions to the Coast Guard Legal Protection Fund from\nany person, including members of the Coast Guard.\n(3) Voluntary contributions to the Coast Guard by persons other than members of\nthe Coast Guard shall be made in accordance with regulations made under this\nAct.\n\nCayman Islands Coast Guard Bill, 2021\nClause 32\n\nc\nIntroduced\nPage 35\n\n(4) The Coast Guard Legal Protection Fund Committee shall keep accounts of its\nfinancial transactions in respect of the Coast Guard Legal Protection Fund in\nsuch form and manner as accord with the Public Management and Finance Act\n(2020 Revision) and any other relevant Act.\n(5) The Coast Guard Legal Protection Fund shall be audited by the Auditor General\nin accordance with the Public Management and Finance Act (2020 Revision).\n32.\nInformation may be recorded and sent by electronic means\n32. (1) For the purposes of this Act, and any regulations made under this Act, where a\nperson is required to, in writing or in written form \u2014\n(a)\ngive notice or permission;\n(b) make a request; or\n(c)\nprovide any information,\nthe notice, permission, request or other information may be recorded in\nelectronic form and sent by electronic means.\n(2) For the purposes of this section, \u201celectronic\u201d has the meaning assigned by\nsection 2 of the Electronic Transactions Act (2003 Revision).\n33.\nVesting of property\n33. Upon the commencement of this Act, all property of, or assigned to, the Joint Marine\nUnit of the Royal Cayman Islands Police Service becomes the property of the Coast\nGuard without transfer, conveyance or assurance.\n34.\nTransition of officers of the Joint Marine Unit to the Coast Guard\n34. (1) Where an officer of the Joint Marine Unit of the Royal Cayman Islands Police\nService joins the Coast Guard, the officer shall \u2014\n(a)\ncontinue to enjoy remuneration, medical privileges and pension benefits\nwhich are not less favourable than the remuneration, medical privileges\nand pension benefits that applied to the officer in the officer\u2019s previous\nemployment; and\n(b) be subject to such other terms and conditions as are agreed between the\nofficer and the Commandant.\n(2) For the purposes of subsection (1), \u201cofficer of the Joint Marine Unit of the\nRoyal Cayman Islands Police Service\u201d or \u201cofficer\u201d means \u2014\n(a)\nan officer of the Royal Cayman Islands Police Service referred to in section\n3 of the Police Act (2021 Revision); or\n(b) a customs and border control officer of the Customs and Border Control\nService established under section 3 of the Customs and Border Control Act\n(2021 Revision),\n\nClause 35\nCayman Islands Coast Guard Bill, 2021\n\nPage 36\nIntroduced\nc\n\nwho, at the date of commencement of this Act, is attached to the Joint Marine\nUnit of the Royal Cayman Islands Police Service.\n35.\nTransitional provisions in respect of appointments to the Coast Guard prior\nto the date of commencement of this Act\n35. (1) A person who is appointed or purported to be appointed to any position in the\nCoast Guard prior to the date of the commencement of this Act shall be deemed\non that date to have been appointed in accordance with this Act.\n(2) All other acts done or purported to be done in furtherance of the establishment\nand operation of the Coast Guard prior to the date of the commencement of this\nAct shall be deemed on that date to have been done in accordance with this Act.\n\nCayman Islands Coast Guard Bill, 2021\nSCHEDULE 1\n\nc\nIntroduced\nPage 37\n\nSCHEDULE 1\n(sections 2, 4 and 14(3))\nRanks of Officers of the Coast Guard\nPART A\nCommissioned Officers\nCommander \u2013  Cdr\nLieutenant Commander \u2013 Lt Cdr\nLieutenant \u2013 Lt\nLieutenant (Junior Grade) \u2013  Lt (JG)\nSub-Lieutenant \u2013 Sub-Lt\nPART B\nNon-commissioned Officers\n(Senior)\nWarrant Officer \u2013 WO\nChief Petty Officer \u2013 CPO\nPetty Officer \u2013 PO\n\n(Junior)\nLeading Seaman \u2013 LS\nAble Seaman \u2013 AB\nOrdinary Seaman \u2013 OS\nCoast Guard Recruit \u2013 CGR\n\nSCHEDULE 2\nCayman Islands Coast Guard Bill, 2021\n\nPage 38\nIntroduced\nc\n\n SCHEDULE 2\n(section 14(4))\nForm of commission conferring rank upon an officer of the Coast\nGuard\n\nTo\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..Greetings:\nReposing especial trust and confidence in your loyalty, courage and good conduct, I do by\nthese presents constitute and appoint you to be an officer in the Cayman Islands Coast\nGuard from the         day of                                 , 20    .\n\nYou are therefore carefully and diligently to discharge your duty as such in the rank of\n\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.. or in such higher rank as you may from time to time hereafter be\npromoted or appointed to, of which a notification will be made in the Gazette.\n\nFurther, you are at all times to exercise discipline in your duties and promote discipline of\nother officers serving under you and such persons as may be placed under your orders from\ntime to time and use your best endeavour to keep them in good order and discipline.\n\nAnd I do hereby command them to obey you as their Superior Officer, and you to observe\nand follow such orders and directions as from time to time you shall receive from me, or\nany other, your Superior Officer, in pursuance of the trust hereby reposed in you.\n\nGiven at\n\n, the        day of                           , 20    .\n\nGovernor\n\nCayman Islands Coast Guard Bill, 2021\nSCHEDULE 3\n\nc\nIntroduced\nPage 39\n\nSCHEDULE 3\n(sections 2 and 17)\nIdentity Card\n\nCAYMAN ISLANDS COAST GUARD\nThis is to certify that____________________________________________________\nwhose photograph is attached, is a member of the Cayman Islands Coast Guard, and in the\ncase\nof\nan\nofficer,\nan\nofficer\nof\nthe\nrank\n____________________________________________no._______________________.\n\nMembers of the Cayman Islands Coast Guard and members of the general public are to\ngive the above-named person any assistance he\/she may require in the performance of\nhis\/her duties.\n\n_______________________________________\nCommandant of the Cayman Islands Coast Guard\n\nPHOTO\nSIGNATURE\nRIGHT THUMB IMPRESSION\n\nSCHEDULE 4\nCayman Islands Coast Guard Bill, 2021\n\nPage 40\nIntroduced\nc\n\nSCHEDULE 4\n(section 13)\nFees for vessels or structures in the custody of, or stored by, the\nCoast Guard\nPART 1\nTOWING FEES\nLength of Vessel or Structure\nFee\n1. Vessels less than 40ft in length\n$200.00 per hour or part thereof\n\n2. Vessels 40ft and over but less\nthan 100ft in length\n$250.00 per hour or part thereof\n\nPART 2\nSTORAGE FEES\nLength of Vessel or Structure\nFee\n1. Vessels less than 30ft in length\n$10.00 per day or part thereof\n\n2. Vessels 30ft and over but less than\n60ft in length\n$15.00 per day or part thereof\n\n3. Vessels 60ft and over but less than\n90ft in length\n$20.00 per day or part thereof\n\nPassed by the Parliament the               day of                              2021.\n\nSpeaker\n\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:41:40.586773+00","cms_id":"2021-0003","law_type":"bill","year":"2021","number":"3","title":"Immigration (Transition)(Amendment)Act,2021 (Act 3 of 2021)","status":"bill"},"provenance":{"files":[{"file_id":"7067","expr_id":"2268","kind":"akn_xml","filename":"2021-0003.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2021\/2021-0003\/2021-0003.akn.xml","content_md5":"eea50a93d2719804ff0493a3ca69cbcd","byte_size":"85465","http_last_modified":null,"fetched_at":"2026-06-22 15:41:41.103361+00"},{"file_id":"4535","expr_id":"2268","kind":"pristine_pdf","filename":"2021-0003.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2021\/2021-0003\/2021-0003.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2021\/2021-0003\/2021-0003.pdf","content_md5":"f647238fe324de681fe09aa205283d48","byte_size":"1085969","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.329238+00"},{"file_id":"4536","expr_id":"2268","kind":"working_pdf","filename":"2021-0003.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2021\/2021-0003\/2021-0003.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2021\/2021-0003\/2021-0003.pdf","content_md5":"f647238fe324de681fe09aa205283d48","byte_size":"1085969","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.329238+00"}],"paragraph_count":30,"latest_history":null},"quality":{"expr_id":"2268","doc_id":"2268","quality_state":"known_issue","quality_score":"59","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; introduced x39; cayman islands coast guard bill 2021 x40","assessed_at":"2026-06-22 15:29:46.436635+00","updated_at":"2026-06-22 15:29:46.436635+00"}}