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conferred upon Her by sections 5 and 7 of the West Indies\nAct 1962(a) and of all other powers enabling Her to do so, is pleased, by and with the advice of\nHer Privy Council, to order, and it is ordered, as follows:\nCitation, construction and commencement\n1.\u2014(1) This Order may be cited as the Cayman Islands Constitution (Amendment) Order 2020.\n(2) The Cayman Islands Constitution Order 2009(b) and this Order shall be construed together\nas one and may be cited together as the Cayman Islands Constitution Orders 2009 to 2020.\n(3) This Order comes into force on such day as the Governor, acting in his or her discretion,\nmay appoint by proclamation published in a Government Notice.\nInterpretation\n2. In this Order, \u201cthe Constitution\u201d means the Constitution set out in Schedule 2 to the Cayman\nIslands Constitution Order 2009.\nChange of name of Legislative Assembly\n3.\u2014(1) In the Constitution, wherever the words \u201cLegislative Assembly\u201d and \u201cAssembly\u201d occur,\nsubstitute the word \u201cParliament\u201d.\n(2) In any law in force in the Cayman Islands, any reference to the Legislative Assembly shall\nbe construed as a reference to the Parliament.\n\n(a) 1962 c. 19.\n(b) S.I. 2009\/1379 as amended by S.I. 2016\/780.\nCertified copy from legislation.gov.uk Publishing\n\n2\nAmendment of section 32 of the Constitution\n4.\u2014(1) Section 32 of the Constitution (exercise of the Governor\u2019s functions) is amended as\nfollows.\n(2) In subsection (1), for \u201csubsection (2)\u201d substitute \u201csubsections (2) and (5) to (8)\u201d.\n(3) In subsection (2), omit paragraph (c).\n(4) For subsection (5), substitute\u2014\n\u201c(5) Before exercising any function with respect to any matter mentioned in section\n55(1)(a), (b) or (c), the Governor shall consult the Cabinet.\n(6) For the avoidance of doubt, the Governor may act against any advice given to him or\nher by the Cabinet under subsection (5);\n(7) The Governor is not obliged to consult the Cabinet concerning any function with\nrespect to any matter mentioned in section 55(1)(a), (b) or (c) in any case in which the\nGovernor considers, acting in his or her discretion\u2014\n(a) it is in the public interest that he or she should act without consulting the Cabinet;\n(b) the matters to be decided are too trivial to require the advice of the Cabinet; or\n(c) the matters to be decided are too urgent to admit the Governor obtaining the advice\nof the Cabinet by the time within which the Governor considers it may be\nnecessary for him or her to act.\n(8) The Governor is not obliged to consult the Cabinet with respect to any matter\nmentioned in section 55(1)(d).\n(9) When the Governor acts in accordance with subsection 7(c), he or she shall, as soon\nas reasonably practicable thereafter, inform the Cabinet.\u201d.\nAmendment of section 44 of the Constitution\n5.\u2014(1) Section 44 of the Constitution (the Cabinet) is amended as follows.\n(2) In subsection 1(b), for \u201csix\u201d substitute \u201cseven\u201d.\n(3) In subsection (2), after \u201ctwo-fifths\u201d insert \u201cplus one\u201d.\n(4) After subsection (4), insert\u2014\n\u201c(5) For the avoidance of doubt, it is declared, subject to this Constitution, that the\nCabinet possesses autonomous and exclusive capacity in domestic affairs for any matter\nthat is not one of the following\u2014\n(a) a special responsibility of the Governor under section 55(1);\n(b) a function which the Governor must exercise under this Constitution, or any other\nlaw, in his or her discretion or judgement, or in accordance with instructions from\nHer Majesty through a Secretary of State; or\n(c) a function which the Governor is empowered or directed, either expressly or by\nnecessary implication, to exercise without consulting with the Cabinet or to\nexercise on the recommendation or advice of, or after consultation with, any\nperson or authority other than the Cabinet.\u201d.\nAmendment of section 48 of the Constitution\n6.\u2014(1) Section 48 of the Constitution (Cabinet Secretary) is amended as follows.\n(2) After subsection (4) insert\u2014\n\u201c(5) The functions conferred on the Cabinet Secretary by subsection (4) may be exercised\nby the Cabinet Secretary in person or by officers subordinate to him or her acting under and\nin accordance with his or her general or special instructions.\u201d.\nCertified copy from legislation.gov.uk Publishing\n\n3\nInsertion of a new section 54A in the Constitution\n7. After section 54 of the Constitution insert\u2014\n\u201cParliamentary Secretaries\n54A.\u2014(1) The Governor, acting in accordance with the advice of the Premier, may\nappoint by instrument under the public seal one or more Parliamentary Secretaries from\namong the elected members of the Parliament to provide assistance to the Ministers.\n(2) A Parliamentary Secretary shall be subject to the directions of the Minister or\nMinisters concerned.\n(3) A Parliamentary Secretary shall vacate his or her office if\u2014\n(a) he or she resigns it by writing under his or her hand addressed to and received by\nthe Governor;\n(b) he or she ceases to be a member of the Parliament for any reason other than its\ndissolution;\n(c) he or she is required by section 64(1) to cease to perform his or her functions as a\nmember of the Parliament;\n(d) he or she is not an elected member of the Parliament when it first meets after a\ngeneral election;\n(e) the Premier vacates his or her office; or\n(f) his or her appointment is revoked by the Governor, acting in accordance with the\nadvice of the Premier, by instrument under the public seal.\u201d.\nAmendment of section 58 of the Constitution\n8. In section 58(4) of the Constitution (National Security Council), for \u201che or she considers\u201d\nsubstitute \u201cthe Governor is instructed by a Secretary of State\u201d.\nInsertion of new sections 58A and 58B in the Constitution\n9. After section 58 of the Constitution, insert\u2014\n\u201cPolice Service Commission\n58A.\u2014(1) There shall be in and for the Cayman Islands a Police Service Commission,\nwhich shall consist of\u2014\n(a) the Governor as Chair;\n(b) three members, experienced in matters of the police, law enforcement, the criminal\nlaw or other matters related to national security, two of whom shall be appointed in\nwriting by the Governor acting in accordance with the advice of the Premier and\nthe other in accordance with the advice of the Leader of the Opposition; and\n(c) two members with qualifications described in paragraph (b), appointed in writing\nby the Governor acting after consultation with the Premier and the Leader of the\nOpposition.\n(2) No person shall be qualified to be appointed as a member of the Police Service\nCommission if he or she is a member of, or a candidate for election to, the Parliament.\n(3) The office of a member of the Police Service Commission (other than the Governor)\nshall become vacant\u2014\n(a) at the expiration of five years from the date of his or her appointment or such\nearlier time as may be specified in the instrument by which he or she was\nappointed;\nCertified copy from legislation.gov.uk Publishing\n\n4\n(b) if he or she resigns office by writing under his or her hand addressed to and\nreceived by the Governor;\n(c) if he or she becomes a member of, or a candidate for election to, the Parliament; or\n(d) if the Governor, acting in his or her discretion, directs that he or she shall be\nremoved from office for inability to discharge the functions of that office (whether\narising from infirmity of body or mind or any other cause) or for misbehaviour.\n(4) If the office of a member of the Police Service Commission (other than the Governor)\nis vacant or a member is for any reason unable to perform the functions of his or her office,\nthe Governor, acting in the manner prescribed by subsection (1) for the appointment of that\nmember, may appoint a person who is qualified for appointment as a member of the\nCommission to act as a member of the Commission, and any person so appointed shall,\nsubject to subsection (3), continue so to act until he or she is notified by the Governor,\nacting in his or her discretion, that the circumstances giving rise to the appointment have\nceased to exist.\n(5) No business shall be transacted at any meeting of the Police Service Commission if\nthere are less than four members of the Commission (in addition to the Governor) present.\n(6) Any question proposed for decision at any meeting of the Police Service Commission\nshall be determined by a majority of the votes of the members present and voting; and if on\nany question the votes are equally divided the Chair shall have and exercise a casting vote.\n(7) The Police Service Commission shall be served by a secretariat, the members of\nwhich shall be public officers.\n(8) Subject to this Constitution, in the exercise of its functions the Police Service\nCommission shall not be subject to the direction or control of any other person or authority.\nPower to appoint, etc, to offices in the Police Force\n58B.\u2014(1) Power to make appointments to offices in the Police Force and to remove and\nto exercise disciplinary control over persons holding or acting in such offices shall vest in\nthe Governor, acting in accordance with the advice of the Police Service Commission; but\nthe Governor, acting in his or her discretion, may act otherwise than in accordance with that\nadvice if he or she determines that compliance with that advice would prejudice Her\nMajesty\u2019s service.\n(2) Where the Police Service Commission advises that any person should be appointed to\nan office in the Police Force of a rank superior to Chief Inspector, that advice shall require\nthe approval of the National Security Council before being submitted to the Governor; but\nthe Governor, acting in his or her discretion, may act without the approval of the National\nSecurity Council if he or she determines that to do otherwise would prejudice Her\nMajesty\u2019s service.\n(3) Before exercising the powers vested in the Governor by subsection (1), the Governor\nmay, acting in his or her discretion, refer the advice of the Police Service Commission back\nto the Commission for reconsideration by it.\n(4) The Governor may make the referral described in subsection (3) only once.\n(5) If the Police Service Commission, having reconsidered its original advice under\nsubsection (3), substitutes for it different advice, subsection (3) shall apply to that different\nadvice as it applies to the original advice.\n(6) The Governor, acting after consultation with the Police Service Commission, may, by\nregulations published in a Government Notice, delegate to any member of the Commission\nor any public officer or class of public officer, to such extent and subject to such conditions\nas may be prescribed in the regulations, any of the powers vested in the Governor to make\nappointments to offices in the Police Force and to remove or exercise disciplinary control\nover persons holding or acting in such offices; and except in so far as regulations made\nunder this subsection otherwise provide, any power delegated by such regulations may be\nCertified copy from legislation.gov.uk Publishing\n\n5\nexercised by any person to whom it is delegated without reference to the Police Service\nCommission.\n(7) No member of the Police Service Commission shall participate in any proceedings of\nthe Commission which affect him or her personally.\u201d.\nAmendment of section 71 of the Constitution\n10. In section 71(1) of the Constitution (Standing Orders and committees), omit \u201c; but no such\nStanding Orders or amendment or revocation of them shall have effect unless they have been\napproved by the Governor\u201d.\nAmendment of section 77 of the Constitution\n11.\u2014(1) Section 77 of the Constitution (introduction of Bills) is amended as follows.\n(2) For subsection (2), substitute\u2014\n\u201c(2) Every Bill shall be published in a Government Notice, and the Parliament shall not\nproceed upon any Bill until the expiration of 28 days after the date on which the Bill was so\npublished, unless the Premier certifies by writing under his or her hand that consideration of\nthe Bill is too urgent to permit such a delay.\u201d.\n(3) After subsection (3), insert\u2014\n\u201c(4) Except with the consent of the Governor, acting in his or her discretion, signified by\nthe Premier, the Parliament shall not proceed upon any Bill (including any amendment to a\nBill) that, in the opinion of the Governor, acting in his or her discretion, signified as\naforesaid, concerns a matter for which the Governor is responsible under section 55(1) or a\nmatter that by law is the responsibility of the Governor.\n(5) In the event of a dispute concerning whether a matter falls within the scope of section\n55(1) for the purposes of subsection (4), the Premier may refer the question to a Secretary\nof State, whose decision on the matter shall be final.\u201d.\nRevocation of section 80 of the Constitution\n12. Section 80 of the Constitution (disallowance of laws) is omitted.\nAmendment of section 124 of the Constitution\n13.\u2014(1) Section 124 of the Constitution (interpretation) is amended as follows.\n(2) In subsection (1), omit the definition of \u201cAssembly\u201d.\n(3) For subsection (2)(a), substitute\u2014\n\u201c(a) references to the office of Speaker, Deputy Speaker or elected member of the\nParliament, Premier, Deputy Premier or other Minister, Parliamentary Secretary,\nLeader of the Opposition or Deputy Leader of the Opposition;\u201d; and\n(4) For subsection (2)(c), substitute\u2014\n\u201c(c) references to a member of the Judicial and Legal Services Commission, the Human\nRights Commission, the Commission for Standards in Public Life, the\nConstitutional Commission, the Police Service Commission, the National Security\nCouncil, an Advisory District Council, an Electoral Boundary Commission, or the\nAdvisory Committee on the Prerogative of Mercy, or to the Complaints\nCommissioner;\u201d.\nInsertion of new section 126 in the Constitution\n14. After section 125 of the Constitution, insert\u2014\nCertified copy from legislation.gov.uk Publishing\n\n6\n\u201cNotification of proposed Acts of Parliament extending to the Cayman Islands or\nOrders in Council extending such Acts of Parliament to the Cayman Islands\n126.\u2014(1) Where it is proposed that\u2014\n(a) any provision of a draft Act of the Parliament of the United Kingdom should apply\ndirectly to the Cayman Islands, or\n(b) an Order in Council should be made extending to the Cayman Islands any\nprovision of an Act of Parliament of the United Kingdom,\nthe proposal shall normally be brought by a Secretary of State to the attention of the\nPremier so that the Cayman Islands Cabinet may signify its view on it.\n(2) This section does not affect the power of the Parliament of the United Kingdom to\nmake laws for the Cayman Islands or the power of Her Majesty to make an Order in\nCouncil extending to the Cayman Islands any provision of an Act of Parliament of the\nUnited Kingdom.\u201d.\n\nRichard Tilbrook\n\nClerk of the Privy Council\n\nEXPLANATORY NOTE\n(This note is not part of the Order)\nThis Order makes several amendments to the Constitution of the Cayman Islands. In particular, it\nchanges the name of the Legislative Assembly to the Parliament, it abolishes the power of\ndisallowance and introduces instead some pre-legislative controls, and it makes clearer that the\nCayman Islands Cabinet has autonomous capacity with respect to domestic affairs. It also changes\nthe circumstances in which the Governor must consult the Cabinet, and provides for Parliamentary\nSecretaries and a Police Service Commission. It provides an obligation for the Secretary of State\nto notify the Premier of proposed Acts of the United Kingdom Parliament that would extend\ndirectly to the Cayman Islands or Orders in Council extending any provisions of an Act of the\nUnited Kingdom Parliament to the Cayman Islands.\nA full impact assessment has not been produced for this instrument as no, or no significant, impact\non the private, voluntary or public sector is foreseen.\nCertified copy from legislation.gov.uk Publishing","akn_extracted_at":"2026-06-22 15:42:12.936522+00","cms_id":"CONST-97","law_type":"constitution","year":"2020","number":"97","title":"The Cayman Islands (Constitution) (Amendment) Order 2020 (UKSI 2020:1283)","status":"in_force"},"provenance":{"files":[{"file_id":"4807","expr_id":"2382","kind":"akn_xml","filename":"uksi_20201283_en.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/CONSTITUTION\/2020\/CONST-97\/uksi_20201283_en.akn.xml","content_md5":"1554eb151655566ee4b278e65e5a471d","byte_size":"19278","http_last_modified":null,"fetched_at":"2026-06-22 15:42:13.008666+00"},{"file_id":"4763","expr_id":"2382","kind":"pristine_pdf","filename":"uksi_20201283_en.pdf","source_url":"\/cms\/legislation\/constitution\/current.html?download=97:the-cayman-islands-constitution-amendment-order-2020-uksi-2020-1283","storage_path":"\/Users\/q\/kyleg-data\/pristine\/CONSTITUTION\/2020\/CONST-97\/uksi_20201283_en.pdf","content_md5":"98ab4efe942e97fb4d8e020ac6c62cc4","byte_size":"83859","http_last_modified":null,"fetched_at":"2026-06-16 03:48:32.473701+00"},{"file_id":"4764","expr_id":"2382","kind":"working_pdf","filename":"uksi_20201283_en.pdf","source_url":"\/cms\/legislation\/constitution\/current.html?download=97:the-cayman-islands-constitution-amendment-order-2020-uksi-2020-1283","storage_path":"\/Users\/q\/kyleg-data\/working\/CONSTITUTION\/2020\/CONST-97\/uksi_20201283_en.pdf","content_md5":"98ab4efe942e97fb4d8e020ac6c62cc4","byte_size":"83859","http_last_modified":null,"fetched_at":"2026-06-16 03:48:32.473701+00"}],"paragraph_count":8,"latest_history":null},"quality":{"expr_id":"2382","doc_id":"2382","quality_state":"needs_review","quality_score":"92","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 2}","finding_summary":"repeated line furniture detected: certified copy from legislation gov uk publishing x6; commencement language is visible but no commencement\/version date is stored","assessed_at":"2026-06-22 15:29:46.670457+00","updated_at":"2026-06-22 15:29:46.670457+00"}}