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Citation, publication, commencement and revocation.\n\n2. Interpretation.\n\nPART II\n\nThe Administrator\n\n3. The Administrator.\n\n4. Emoluments of Administrator.\n\n5. Acting Administrator.\n\n6. Administrator's deputy.\n\nPART III\n\nExecutive Council\n\n7. Executive Council.\n\n8. Tenure of office of members of Executive Council.\n\n9. Administrator to consult the Council.\n\n10. Administrator may act contrary to advice of Council.\n\n1962\/1646\n\n2\n\n11. Temporary members of Council.\n\n12. Determination of questions as to membership.\n\n13. Oath by members of Council.\n\n14. Summoning of Council and transaction of business.\n\n15. Presiding in the Council.\n\n16. Submission of questions to Council.\n\n17. Summoning of persons to Council.\n\nPART IV\n\nLegislative Assembly\n\n18. Legislative Assembly.\n\n19. Qualifications for elected membership.\n\n20. Disqualifications for nominated and elected membership.\n\n21. Tenure of office of members of Assembly.\n\n22. Vacation of seat on sentence.\n\n23. Temporary members of Assembly.\n\n24. Determination of questions as to membership of Assembly.\n\n25. Penalty for sitting or voting in Assembly when unqualified.\n\n26. Qualifications of electors.\n\n27. Disqualifications of electors.\n\n28. Right to vote at elections.\n\n29. Law as to elections.\n\nPART V\n\nLegislation and Procedure in Legislative Assembly\n\n30. Power to make laws.\n\n31. Royal Instructions.\n\n32. Standing Orders.\n\n33. The Deputy President.\n1962\/1646\n\n3\n\n34. Presiding in Assembly.\n\n35. Assembly may transact business notwithstanding vacancies.\n\n36. Quorum.\n\n37. Voting.\n\n38. Summoning of persons to assist Assembly.\n\n39. Introduction of Bills.\n\n40. Administrator's reserved power.\n\n41. Assent to Bills.\n\n42. Return of Bills by Administrator.\n\n43. Disallowance of laws.\n\n44. Oath of allegiance.\n\n45. Privileges of Assembly and members.\n\n46. Sessions.\n\n47. Prorogation and dissolution.\n\n48. General elections.\n\nPART VI\n\nAppeals from the Grand Court\n\n49. Appeals to Court of Appeal for Jamaica; saving.\n\nPART VII\n\nMiscellaneous\n\n50. Public Seal.\n\n51. Grants of land.\n\n52. Administrator's power of pardon.\n\n53. Offices and appointments.\n\n54. Discipline.\n\n55. Existing offices and authorities.\n\n56. Existing laws.\n\n1962\/1646\n\n4\n\n57. Power reserved to Her Majesty.\n\nSCHEDULE.\n\nAt the Court at Buckingham Palace, the 30th day of July 1962\n\nPresent,\n\nThe Queen's Most Excellent Majesty in Council\n\nHer Majesty, by virtue of the powers conferred upon Her by section 5 of the West Indies Act 1962(a), and all\nother powers enabling Her in\n\n(a) 10 & 11 Eliz. 2. c. 19.\n\nthat behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:\n\nPART I\n\nIntroductory\n\nCitation, publication, commencement and revocation.\n\n1.(1) This Order may be cited as the Cayman Islands (Constitution) Order in Council 1962.\n\n(2) This Order shall be published in such manner as the Administrator shall think fit, and shall come into\noperation on the appointed day.\n\n(3) The Cayman Islands (Constitution) Order in Council 1959(a) (in this Order referred to as \"the Order of 1959\")\nis hereby revoked.\n\nInterpretation.\n\n2.(1) In this Order, unless the context otherwise requires,\n\n\"Administrator\" means the person for the time being holding the office of Administrator of the Islands, and\nincludes any person for the time being lawfully performing the functions of that office and, to the extent to which\na deputy appointed under section 6 of this Order is authorized to act, that deputy;\n\n\"appointed day\" means the 6th day of August 1962;\n\n\"Assembly\" means the Legislative Assembly of the Islands established by this Order;\n\n\"functions\" includes jurisdictions, powers and duties;\n\n\"the Islands\" means the Cayman Islands;\n\n\"law\" includes any instrument having the force of law made in exercise of a power conferred by a law;\n\n\"public office\" means, subject to the provisions of the next following subsection, an office of emolument in the\npublic service;\n\n\"public officer\" means the holder of any public office, and includes a person appointed to act in any public office;\n1962\/1646\n\n5\n\n\"the public service\" means the service of the Crown in a civil capacity in respect of the government of the Islands;\n\n\"session\" means the meetings of the Assembly commencing when the Assembly first meets after being\n\nconstituted under this Order, or after its prorogation or dissolution at any time, and terminating when the\nAssembly is prorogued or is dissolved without having been prorogued;\n\n\"sitting\" means a period during which the Assembly is sitting continuously without adjournment and includes any\nperiod during which the Assembly is in committee.\n\n(2) For the purposes of this Order, a person shall not be considered to hold a public office by reason only that he\n\n(a) is in receipt of any remuneration or allowance as a member of the Executive Council or the Assembly;\n\n(b) is in receipt of a pension or other like allowance in respect of service under the Crown; or\n\n(a) S.I. 1959\/863 (1959 I, p. 325).\n\n(c) holds an office the holder of which is declared by any law in force in the Islands not to be disqualified for\nelection as a member of the Assembly.\n\n(3) Any person who has vacated his seat in any body, or has vacated any office established by this Order may, if\nqualified, again be appointed or elected as a member of that body or to that office, as the case may be, from time\nto time.\n\n(4) A reference in this Order to the holder of an office by the term designating his office shall be construed as a\nreference to any person for the time being lawfully performing the functions of that office.\n\n(5) Without prejudice to the last foregoing subsection\n\n(a) where the holder of any office constituted by or under this Order is on leave of absence pending the\nrelinquishment of that office, the person or authority having power to make appointments to that office may\nappoint another person thereto; and\n\n(b) where two or more persons concurrently hold the same office by virtue of the foregoing paragraph, the person\nlast appointed shall in respect of any function conferred on the holder of that office be deemed to be the sole\nholder thereof.\n\n(6) Any power conferred by this Order to make any proclamation or order or to give any directions shall be\nconstrued as including a power exercisable in like manner to amend or revoke any such proclamation, order or\ndirections.\n\n(7) Where a person is required by this Order to make an oath he shall if he so desires be permitted to comply with\nthat requirement by making an affirmation in accordance with the provisions of the Schedule to this Order.\n\n(8) For the purposes of this Order the resignation of a member of any body or holder of any office thereby\nestablished that is required to be addressed to any person shall, unless otherwise expressly provided, be deemed to\nhave effect from the time at which it is received by that person.\n\n(9) For the purposes of this Order a person shall not be regarded as absent from the Islands or as unable to\nperform any of his functions thereunder by reason only that he is in passage between any one of the Islands and\nanother or from one part of any Island to another part.\n\n1962\/1646\n\n6\n\n(10) The Interpretation Act 1889(a) shall apply with the necessary adaptations for the purpose of interpreting and\notherwise in relation to this Order as it applies for the purpose of interpreting and in relation to an Act of\nParliament.\n\nPART II\n\nThe Administrator\n\n3.(1) There shall be an Administrator of the Islands who shall be appointed by Her Majesty by Commission under\nHer Sign Manual and Signet and shall hold office during Her Majesty's pleasure.\n\n(2) The Administrator shall, for the purpose of administering the government of the Islands, have such powers and\nduties as are conferred or imposed on him by this Order or any other law and such\n\n(a) 52 & 53 Vict. c. 63.\n\nother powers as Her Majesty may from time to time be pleased to assign to him, and, subject to the provisions of\nthis Order and of any other law by which any such powers or duties are conferred or imposed, shall do and\nexecute all things that belong to his office according to such Instructions, if any, as Her Majesty may from time to\ntime see fit to give him; but no court may enquire whether or not he has complied with any such Instructions.\n\n(3) A person appointed to the office of Administrator shall, before entering upon the functions of that office, make\noaths of allegiance and for the due execution of that office in the forms set out in the Schedule to this Order.\n\nEmoluments of Administrator.\n\n4. The Administrator shall receive such emoluments as may be fixed by a Secretary of State, and those\nemoluments are hereby charged upon the revenues of the Islands.\n\nActing Administrator.\n\n5.(1) During any period when the office of Administrator is vacant or the Administrator is absent from the Islands\nor is for any other reason unable to perform the functions of his office those functions shall, during Her Majesty's\npleasure, be assumed and performed by\n\n(a) such person as Her Majesty may designate in that behalf by Instructions given under Her Sign Manual and\nSignet or through a Secretary of State; or\n\n(b) if there is no person in the Islands so designated and able to perform those functions, such public officer as the\nAdministrator shall by writing under his hand appoint.\n\n(2) Before assuming the functions of the office of Administrator, any such person as aforesaid shall make the\noaths directed by section 3 of this Order to be made by the Administrator.\n\n(3) Any such person as aforesaid shall not continue to perform the functions of the office of Administrator after\nthe Administrator or some other person having a prior right to perform the functions of that office has notified\nhim that he is about to resume or assume those functions.\n\nAdministrator's deputy.\n\n6.(1) Whenever the Administrator\n\n(a) has occasion to be absent from the seat of government but not from the Islands; or\n1962\/1646\n\n7\n\n(b) has occasion to be absent from the Islands for a period which he has reason to believe will be of short\n\nduration; or\n\n(c) is suffering from an illness which he has reason to believe will be of short duration,\n\nhe may, by instrument under the public seal, appoint any person in the Islands to be his deputy during such\nabsence or illness and in that capacity to perform on his behalf such of the functions of the office of Administrator\nas may be specified in that instrument.\n\n(2) The power and authority of the Administrator shall not be abridged, altered or in any way affected by the\nappointment of a deputy under this section, and a deputy shall conform to and observe all instructions that the\nAdministrator may from time to time address to him; but no court may enquire whether or not he has complied\nwith any such instructions.\n\n(3) A person appointed as a deputy under this section shall hold that appointment for such period as may be\nspecified in the instrument by which he is appointed, and his appointment may be revoked at any time by Her\nMajesty by instructions given through a Secretary of State, or by the Administrator.\n\nPART III\n\nExecutive Council\n\n7. There shall be an Executive Council in and for the Islands which, subject to section 11 of this Order, shall\nconsist of\n\n(a) two official members, who shall be appointed by the Administrator, acting in pursuance of instructions given\nto him by Her Majesty through a Secretary of State, by instrument under the public seal, from among persons\nholding public offices;\n\n(b) one nominated member, who shall be appointed by the Administrator, acting in pursuance of instructions\ngiven to him by Her Majesty through a Secretary of State, by instrument under the public seal, from among the\nnominated members of the Assembly; and\n\n(c) two elected members, who shall be elected by the nominated and elected members of the Assembly from\namong the elected members of the Assembly.\n\nTenure of office of members of Executive Council.\n\n8.(1) The official members of the Executive Council shall hold their seats in the Council during Her Majesty's\npleasure:\n\nProvided that the seat of an official member shall in any case become vacant\n\n(a) if he resigns his seat in the Council by writing under his hand addressed to the Administrator and the\nAdministrator accepts the resignation;\n\n(b) if he is absent from the Islands without the written permission of the Administrator; or\n\n(c) if he ceases to hold public office.\n\n(2) The nominated member of the Executive Council shall hold his seat in the Council during Her Majesty's\npleasure:\n\nProvided that the seat of the nominated member shall in any case become vacant\n\n(a) if he resigns his seat in the Council by writing under his hand addressed to and received by the\n1962\/1646\n\n8\n\nAdministrator;\n\n(b) when the Assembly first meets after any dissolution thereof;\n\n(c) if he ceases to be a member of the Assembly for any reason other than a dissolution thereof; or\n\n(d) if he is absent from the Islands without the written permission of the Administrator.\n\n(3) The seat of an elected member of the Executive Council shall become vacant\n\n(a) if he resigns his seat in the Council by writing under his hand addressed to and received by the Administrator;\n\n(b) when the Assembly first meets after a dissolution thereof;\n\n(c) if he ceases to be a member of the Assembly for any reason other than a dissolution thereof;\n\n(d) if he is absent from the Islands without the written permission of the Administrator; or\n\n(e) if his election to the Executive Council is revoked by a resolution of the Assembly in favour of which there are\ncast the votes of not less than two-thirds of all the nominated and elected members of the Assembly, other than\nthe presiding member who shall not be entitled to vote on the resolution.\n\nAdministrator to consult the Council.\n\n9.(1) In the exercise of his functions the Administrator shall, subject to the following provisions of this section,\nconsult with the Executive Council.\n\n(2) The foregoing subsection shall not apply to the exercise by the Administrator of any function conferred upon\nhim by any law other than this Order in terms authorising him to exercise that function without obtaining the\nadvice of the Executive Council.\n\n(3) The Administrator shall not be obliged to consult with the Executive Council in any case\n\n(a) which is of such a nature that, in his judgment, Her Majesty's service would sustain material prejudice by\nreason of his consulting the Council thereon; or\n\n(b) in which the question for decision is, in his judgment, too unimportant to require their advice; or\n\n(c) in which, in his judgment, the urgency of the matter requires him to act before the Council can be consulted;\n\nbut in any such case of urgency he shall, as soon as practicable, communicate to the Council the measures he has\nadopted and the reasons therefor.\n\nAdministrator may act contrary to advice of Council.\n\n10.(1) The Administrator may act otherwise than in accordance with the advice given to him by the Executive\nCouncil if in any case he deems it right so to do; but in any such case the Administrator shall, at the first\nopportunity, report the matter to Her Majesty through a Secretary of State with the reasons for his action.\n\n(2) Whenever the Administrator acts otherwise than in accordance with the advice given to him by the Council,\nany member of the Council may require that there be recorded upon the minutes of the Council the grounds of any\nadvice or opinion which he may have given on the question.\n\n1962\/1646\n\n9\n\nTemporary members of Council.\n\n11.(1) Whenever a member of the Executive Council is by reason of his illness or absence from the Islands or for\nany other reason incapable of performing the functions of his office, then\n\n(a) the Administrator may, by instrument under the public seal, appoint to be temporarily a member of the\n\nCouncil, in the case of the incapacity of an official member, a person who is an official member of the Assembly,\nor in the case of the incapacity of a nominated member, a person who is a nominated member of the Assembly; or\n\n(b) in the case of the incapacity of an elected member, the nominated and elected members of the Assembly, if the\nAdministrator informs the Assembly that that is desirable, may elect a person from among the elected members of\nthe Assembly to be temporarily a member of the Council.\n\n(2) The Administrator shall forthwith report to Her Majesty through a Secretary of State any appointment made\nunder this section.\n\n(3) A person appointed or elected under this section to be temporarily a member of the Executive Council shall\nvacate his seat\n\n(a) when he is informed by the Administrator that the circumstances giving rise to the appointment or election\nhave ceased to exist; or\n\n(b) in the case of a person appointed in place of an official member or of the nominated member, if his\nappointment is revoked by Her Majesty through a Secretary of State or by the Administrator.\n\n(4) Subject to the provisions of this section, the provisions of this Order shall apply in relation to a person\nappointed or elected to be temporarily a member of the Executive Council as they apply to the member in whose\nplace he was appointed or elected.\n\nDetermination of questions as to membership.\n\n12. Any question whether a person is a member of the Executive Council shall be determined by the\nAdministrator.\n\nOath by members of Council.\n\n13. Before assuming the functions of his office a member of the Executive Council shall make before the\nAdministrator, or some other person authorised in that behalf by the Administrator, an oath for the due execution\nof his office in the form set out in the Schedule to this Order.\n\nSummoning of Council and transaction of business.\n\n14.(1) The Executive Council shall not be summoned except by the authority of the Administrator.\n\n(2) No business shall be transacted at any meeting of the Executive Council unless there are two members present\nbesides the Administrator or other person presiding.\n\n(3) Subject to the provisions of the last foregoing subsection, the Executive Council shall not be disqualified for\nthe transaction of business by reason of any vacancy in the membership of the Council (including any vacancy not\nfilled when the Council is first constituted or is reconstituted at any time) and the validity of the transaction of\nbusiness in the Council shall not be affected by reason only of the fact that some person who was not entitled to\ndo so took part therein.\n\n1962\/1646\n\n10\n\nPresiding in Executive Council.\n\n15.(1) The Administrator shall, so far as is practicable, attend and preside at meetings of the Executive Council.\n\n(2) In the absence of the Administrator there shall preside at any meeting of the Executive Council such member\nof the Council as the Administrator may appoint.\n\nSubmission of questions to Council.\n\n16. The Administrator shall alone be entitled to submit questions to the Executive Council for their advice; but if\nthe Administrator declines to submit any question to the Council when requested in writing by any member of the\nCouncil to do so, that member may require that there be recorded in the minutes his written application, together\nwith the answer given thereto by the Administrator.\n\nSummoning of persons to Council.\n\n17. The person presiding may, when in his opinion the business before the Executive Council makes it desirable,\nsummon any person to a meeting of the Council, notwithstanding that that person is not a member of the Council.\n\nPART IV\n\nLegislative Assembly\n\n18.(1) There shall be a Legislative Assembly for the Islands.\n\n(2) Subject to the provisions of this Order, the Assembly shall consist of\n\n(a) the Administrator;\n\n(b) not less than two nor more than three official members (as the Administrator acting in pursuance of\ninstructions given to him by Her Majesty through a Secretary of State may from time to time determine), who\nshall be appointed by the Administrator acting in pursuance of instructions given to him by Her Majesty through a\nSecretary of State, by instrument under the public seal, from among persons holding public office;\n\n(c) not less than two nor more than three nominated members (as the Administrator may determine as aforesaid),\nwho shall be British subjects of the age of twenty-one years or upwards, and shall be appointed by the\nAdministrator acting in pursuance of instructions given to him by Her Majesty through a Secretary of State by\ninstrument under the public seal; and\n\n(d) twelve elected members, who shall be persons qualified for election in accordance with the provisions of this\nOrder, and elected in the manner provided by any law in force in the Islands.\n\nQualifications for elected membership.\n\n19. Subject to the provisions of the next following section, a person shall be qualified to be elected as a member\nof the Assembly if, and shall not be qualified to be so elected unless, he\n\n(a) is a British subject of the age of twenty-one years or upwards; and\n\n(b) either has resided in the Islands for a period of five years immediately preceding the date of his nomination for\nelection, or is domiciled in the Islands and is resident therein at that date.\n\n1962\/1646\n\n11\n\nDisqualifications for nominated and elected membership.\n\n20.(1) No person shall be qualified to be appointed as a nominated member or to be elected as a member of the\nAssembly who\n\n(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign\npower or state;\n\n(b) holds, or is acting in, any public office;\n\n(c) has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth\nand has not been discharged;\n\n(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the\nIslands;\n\n(e) subject to the provisions of the next following subsection, is under sentence of death imposed on him by a\ncourt in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called)\nexceeding twelve months imposed on him by such a court or substituted by competent authority for some other\nsentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has\nbeen suspended;\n\n(f) in the case of an elected member, is disqualified for election by any law in force in the Islands by reason of his\nholding, or acting in, any office the functions of which involve\n\n(i) any responsibility for, or in connection with, the conduct of any election; or\n\n(ii) any responsibility for the compilation or revision of any electoral register; or\n\n(g) is disqualified for membership of the Assembly by any law in force in the Islands relating to offences\nconnected with elections.\n\n(2) For the purposes of paragraph (e) of the foregoing subsection\n\n(a) where a person is serving two or more sentences of imprisonment that are required to be served consecutively\nhe shall, throughout the whole time during which he so serves, be regarded as serving a sentence exceeding\ntwelve months if (but not unless) any one of those sentences exceeds that term; and\n\n(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the\npayment of a fine.\n\nTenure of office of members of Assembly.\n\n21.(1) Subject to the provisions of this Order, an official member and a nominated member of the Assembly shall\nhold his seat in the Assembly during Her Majesty's pleasure.\n\n(2) The seat of an official member of the Assembly shall become vacant\n\n(a) if he ceases to hold a public office;\n\n(b) upon a dissolution of the Assembly; or\n\n(c) if he resigns his seat by writing under his hand addressed to the Administrator, and the Administrator accepts\nhis resignation.\n\n(3) The seat of a nominated or an elected member of the Assembly shall become vacant\n1962\/1646\n\n12\n\n(a) upon a dissolution of the Assembly;\n\n(b) if, without the written permission of the Administrator, he is absent from three consecutive meetings of the\nAssembly;\n\n(c) if he ceases to be a British subject;\n\n(d) if he ceases to be resident in the Islands;\n\n(e) if, being a nominated member, he resigns his seat by writing under his hand addressed to the Administrator\nand the Administrator accepts his resignation; or, being an elected member, he resigns his seat by writing under\nhis hand addressed to the Administrator;\n\n(f) if he becomes a party to any contract with the Government of the Islands for or on account of the public\nservice, or if any firm in which he is a partner or any company of which he is a director or manager becomes a\nparty to any such contract, or if he becomes a partner in a firm or a director or manager of a company which is a\nparty to any such contract:\n\nProvided that, if in the circumstances it appears to him to be just to do so, the Administrator may exempt any\nnominated or elected member from vacating his seat under the provisions of this paragraph, if the member, before\nbecoming a party to the contract, or before or as soon as practicable after becoming otherwise interested in the\ncontract (whether as a partner in a firm or as a director or manager of a company), discloses to the Administrator\nthe nature of the contract and his interest or the interest of the firm or company therein;\n\n(g) if any of the circumstances arise that, if he were not a member of the Assembly, would cause him to be\ndisqualified for election thereto by virtue of paragraph (a), (b), (c), (d), (f) or (g) of the last foregoing section; or\n\n(h) in the circumstances specified in the next following section.\n\nVacation of seat on sentence.\n\n22.(1) Subject to the provisions of this section, if a nominated or an elected member of the Assembly is sentenced\nby a court in any part of the Commonwealth to death or to imprisonment (by whatever named called) for a term\nexceeding twelve months, he shall forthwith cease to perform his functions as a member of the Assembly, and his\nseat in the Assembly shall become vacant at the expiration of a period of thirty days thereafter:\n\nProvided that the Administrator may, at the request of the member, from time to time extend that period for thirty\ndays to enable the member to pursue any appeal in respect of his conviction or sentence, so however that\nextensions of time exceeding in the aggregate three hundred and thirty days shall not be given without the\napproval of the Assembly signified by resolution.\n\n(2) If at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or\nhis sentence is reduced to a term of imprisonment of less than twelve months or a punishment other than\nimprisonment is substituted, his seat in the Assembly shall not become vacant under the provisions of the\nforegoing subsection, and he may again perform his functions as a member of the Assembly.\n\n(3) For the purposes of this section\n\n(a) where a person is sentenced to two or more terms of imprisonment that are required to be served\nconsecutively, account shall be taken only of any of those terms that exceeds twelve months; and\n\n(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the\npayment of a fine.\n\n1962\/1646\n\n13\n\nTemporary members of Assembly.\n\n23.(1) Whenever an official or a nominated member of the Assembly is by reason of his illness or absence from\nthe Islands or for any other reason incapable of performing the functions of his office, the Administrator may, by\ninstrument under the public seal, appoint to be temporarily a member of the Assembly\n\n(a) a person who holds a public office in place of an official member; or\n\n(b) a person qualified for appointment as a nominated member in place of a nominated member.\n\n(2) A person appointed under this section to be temporarily a member of the Assembly\n\n(a) shall hold his seat in the Assembly during Her Majesty's pleasure; and\n\n(b) shall vacate his seat when he is informed by the Administrator that the member on account of whose\nincapacity he was appointed is again able to perform his functions as a member of the Assembly, or when the seat\nof that member becomes vacant.\n\n(3) The Administrator shall forthwith report to Her Majesty through a Secretary of State any appointment made\nunder this section.\n\n(4) Subject to the provisions of this section, the provisions of this Order shall apply to a person appointed to be\ntemporarily a member of the Assembly as they apply to the member on account of whose incapacity he was\nappointed.\n\nDetermination of questions as to membership of Assembly.\n\n24.(1) Any question whether a person has been validly appointed as an official or a nominated member of the\nAssembly, or whether an official or a nominated member of the Assembly has vacated his seat therein, shall be\ndetermined by the Administrator.\n\n(2) Any question whether a person has been validly elected as a member of the Assembly, or whether an elected\nmember of the Assembly has vacated his seat therein, shall be determined by the Grand Court, whose decision\nshall be final and not subject to any appeal.\n\nPenalty for sitting or voting in Assembly when unqualified.\n\n25.(1) Any person who sits or votes in the Assembly knowing or having reasonable grounds for knowing that he\nis not entitled to do so shall be liable to a penalty not exceeding twenty pounds for each day upon which he so sits\nor votes.\n\n(2) Any such penalty shall be recoverable by civil action in the Grand Court at the suit of the Administrator.\n\nQualifications of electors.\n\n26. Subject to the provisions of the next following section, a person shall be entitled to be registered as an elector\nin one electoral district only, but he shall not be entitled to be registered as an elector for elections to the\nAssembly unless he\n\n(a) is a British subject of the age of twenty-one years or upwards; and\n\n(b) either has resided in the Islands for a period of at least twelve months immediately before the date of\nregistration, or is domiciled in the Islands and is resident therein at that date.\n\n1962\/1646\n\n14\n\nDisqualifications of electors.\n\n27.(1) A person shall not be entitled to be registered as an elector in any electoral district who\n\n(a) subject to the provisions of the next following subsection, is under sentence of death imposed on him by a\ncourt in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called)\nexceeding twelve months imposed on him by such a court or substituted by competent authority for some other\nsentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has\nbeen suspended;\n\n(b) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the\nIslands; or\n\n(c) is disqualified for registration as an elector by any law in force in the Islands relating to offences connected\nwith elections.\n\n(2) The provisions of subsection (2) of section 20 of this Order shall apply for the purposes of the foregoing\nsubsection as they apply for the purposes of paragraph (e) of subsection (1) of the said section 20.\n\nRight to vote at elections.\n\n28.(1) Any person who is registered as an elector in an electoral district shall, while so registered, be entitled to\nvote at any election for that district unless he is prohibited from so voting by any law in force in the Islands\n\n(a) because he is a returning officer; or\n\n(b) because he has been concerned in any offence connected with elections.\n\n(2) No person shall vote at any election for any electoral district who is not registered as an elector in that district.\n\nLaw as to elections.\n\n29. Subject to the provisions of this Order, a law enacted under this Order may provide for the election of\nmembers of the Assembly, including (without prejudice to the generality of the foregoing power) the following\nmatters, that is to say:\n\n(a) the qualifications and disqualifications of electors;\n\n(b) the registration of electors;\n\n(c) the ascertainment of the qualifications of electors and of candidates for election;\n\n(d) the division of the Islands into electoral districts for the purpose of elections;\n\n(e) the holding of elections;\n\n(f) the determination of any question whether any person has been validly elected a member of the Assembly or\nwhether the seat of any elected member in the Assembly has become vacant;\n\n(g) the definition and trial of offences connected with elections and the imposition of penalties therefor, including\nthe disqualification for membership of the Assembly, or for registration as an elector, or for voting at elections, of\nany person concerned in any such offence; and\n\n1962\/1646\n\n15\n\n(h) the disqualification for election as members of the Assembly of persons holding or acting in any office the\nfunctions of which involve any responsibility for, or in connection with, the conduct of any election or the\ncompilation or revision of any electoral register.\n\nPART V\n\nLegislation and Procedure in Legislative Assembly\n\nPower to make laws.\n\n30. Subject to the provisions of this Order, the Administrator, with the advice and consent of the Assembly, may\nmake laws for the peace, order and good government of the Islands.\n\nRoyal Instructions.\n\n31. Subject to the provisions of this Order, the Administrator and the Assembly shall, in the transaction of\nbusiness and the making of laws, conform as nearly as may be to the directions contained in any Instructions\nunder Her Majesty's Sign Manual and Signet which may from time to time be addressed to the Administrator in\nthat behalf.\n\nStanding Orders.\n\n32.(1) Subject to the provisions of this Order and of any Instructions under Her Majesty's Sign Manual and\nSignet, the Assembly may from time to time make, amend and revoke Standing Orders for the regulation and\norderly conduct of its own proceedings and the despatch of business, and for the passing, intituling and\nnumbering of Bills and for the presentation thereof to the Administrator for assent; but no such Standing Orders\nor amendment or revocation thereof shall have effect unless they have been approved by the Administrator.\n\n(2) The first Standing Orders of the Assembly shall, subject to the provisions of this Order, be the Standing\nOrders of the Legislative Assembly constituted by the Order of 1959 as in force immediately before the appointed\nday, with such adaptations and modifications as may be necessary, and those Standing Orders may be amended or\nrevoked by Standing Orders made under the foregoing subsection.\n\nThe Deputy President.\n\n33.(1) The Assembly shall\n\n(a) at its first sitting after the appointed day;\n\n(b) at its first sitting after any dissolution; or\n\n(c) at its first sitting after the occurrence of a vacancy in the office of Deputy President from any cause other than\na dissolution,\n\nor as soon thereafter as may be convenient, elect from among the nominated and elected members a member who\nis not a member of the Executive Council to be Deputy President of the Assembly.\n\n(2) A person shall vacate the office of Deputy President\n\n(a) upon ceasing to be a member of the Assembly;\n\n(b) upon becoming a member of the Executive Council; or\n\n(c) if he resigns his office by writing under his hand addressed to the Administrator.\n\n1962\/1646\n\n16\n\n(3) In electing a Deputy President the members of the Assembly shall give their votes by ballot in such a manner\nas not to disclose how each member votes.\n\nPresiding in Assembly.\n\n34.(1) The Administrator, or in his absence the Deputy President, or in their absence a member of the Assembly\n(not being a member of the Executive Council) elected by the Assembly for the sitting, shall preside at a sitting of\nthe Assembly.\n\n(2) Where the office of Deputy President is vacant, the foregoing subsection shall apply as if a person holding that\noffice were absent.\n\nAssembly may transact business notwithstanding vacancies.\n\n35. The Assembly shall not be disqualified for the transaction of business by reason of any vacancy in the\nmembership thereof (including any vacancy not filled when the Assembly is first constituted or is reconstituted at\nany time) and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do\nso sat or voted in the Assembly or otherwise took part in those proceedings.\n\nQuorum.\n\n36.(1) If at any sitting of the Assembly a quorum is not present and any member of the Assembly who is present\nobjects on that account to the transaction of business and, after such interval as may be prescribed in the Standing\nOrders of the Assembly, the person presiding at the sitting ascertains that a quorum is still not present, he shall\nadjourn the Assembly.\n\n(2) For the purposes of this section a quorum shall consist of seven members of the Assembly in addition to the\nperson presiding.\n\nVoting.\n\n37.(1) Save as otherwise provided in this Order, all questions proposed for decision in the Assembly shall be\ndetermined by a majority of votes of the members present and voting.\n\n(2) The Administrator or other member presiding shall not vote unless on any question the votes are equally\ndivided, in which case he shall have and exercise a casting vote.\n\nSummoning of persons to assist Assembly.\n\n38.(1) The Administrator or other person presiding may, when in his opinion the business before the Assembly\nmakes it desirable, summon any person to a meeting of the Assembly notwithstanding that that person is not a\nmember of the Assembly.\n\n(2) Any person so summoned shall be entitled to take part as if he were a member in the proceedings of the\nAssembly relating to the matter in respect of which he was summoned, except that he may not vote.\n\nIntroduction of Bills.\n\n39.(1) Subject to the provisions of this Order and of the Standing Orders of the Assembly, any member may\nintroduce any Bill or propose any motion for debate in, or may present any petition to, the Assembly, and the\nsame shall be debated and disposed of according to the Standing Orders of the Assembly.\n\n(2) Except on the recommendation of the Administrator the Assembly shall not\n\n1962\/1646\n\n17\n\n(a) proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding in the\nAssembly, makes provision for imposing or increasing any tax, for imposing or increasing any charge on the\nrevenues or other funds of the Islands or for altering any such charge otherwise than by reducing it or for\ncompounding or remitting any debt due to the Islands;\n\n(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the\nperson presiding in the Assembly, is that provision would be made for any of the purposes aforesaid; or\n\n(c) receive any petition which, in the opinion of the person presiding in the Assembly, requests that provision be\nmade for any of the purposes aforesaid.\n\nAdministrator's reserved power.\n\n40.(1) If the Administrator considers that it is expedient\n\n(a) in the interests of public order, public faith or good government (which expressions shall, without prejudice to\ntheir generality, include the responsibility of the Islands as a territory within the Commonwealth and all matters\npertaining to the creation or abolition of any public office or to the salary or other conditions of service of any\npublic officer); or\n\n(b) in order to secure detailed control of the finances of the Islands during such time as, by virtue of the receipt of\nfinancial assistance by the Islands from Her Majesty's Exchequer in the United Kingdom for the purpose of\nbalancing the annual budget or otherwise, such control rests with Her Majesty's Government,\n\nthat any Bill introduced, or any motion proposed, in the Assembly should have effect, then, if the Assembly fail to\npass the Bill or to carry the motion within such time and in such form as the Administrator thinks reasonable and\nexpedient, the Administrator may, at any time that he thinks fit, and notwithstanding any provisions of this Order\nor of any other law in force in the Islands or of any Standing Orders of the Assembly, declare that the Bill or\nmotion shall have effect as if it had been passed or carried by the Assembly either in the form in which it was\nintroduced or proposed or with such amendments as the Administrator thinks fit which have been moved or\nproposed in the Assembly or any committee thereof; and the Bill or the motion shall be deemed thereupon to have\nbeen so passed or carried, and the provisions of this Order, and in particular the provisions relating to assent to\nBills and disallowance of laws, shall have effect accordingly.\n\n(2) The Administrator shall forthwith report to a Secretary of State every case in which he makes any such\ndeclaration and the reasons therefor.\n\n(3) If any member of the Assembly objects to any declaration made under this section, he may, within fourteen\ndays of the making thereof, submit to the Administrator a statement in writing of his reasons for so objecting, and\na copy of the statement shall, if furnished by the member, be forwarded by the Administrator as soon as\npracticable to a Secretary of State.\n\n(4) Any declaration made under this section other than a declaration relating to a Bill may be revoked by a\nSecretary of State and the Administrator shall forthwith cause notice of the revocation to be published by\nGovernment Notice; and from the date of such publication any motion that is deemed to have been carried by\nvirtue of the declaration shall cease to have effect and the provisions of subsection (2) of section 38 of the\nInterpretation Act 1889 shall apply to the revocation as they apply to the repeal of an Act of Parliament.\n\n41.(1) A Bill shall not become a law until\n\nAssent to Bills.\n\n(a) the Administrator has assented to it in Her Majesty's name and on Her Majesty's behalf and has signed it in\ntoken of his assent; or\n\n1962\/1646\n\n18\n\n(b) Her Majesty has given Her assent to it through a Secretary of State and the Administrator has signified Her\nassent by Proclamation.\n\n(2) When a Bill is presented to the Administrator for his assent, he shall, subject to the provisions of this Order\nand of any Instructions addressed to him under Her Majesty's Sign Manual and Signet or through a Secretary of\nState, declare that he assents, or refuses to assent, to it, or that he reserves the Bill for the signification of Her\nMajesty's pleasure:\n\nProvided that the Administrator shall reserve for the signification of Her Majesty's pleasure\n\n(a) any Bill which is in any way repugnant to, or inconsistent with, the provisions of this Order; and\n\n(b) any Bill which determines or regulates the privileges, immunities or powers of the Assembly or of its\nmembers;\n\nunless he has been authorized by a Secretary of State to assent to it.\n\n(3) This section shall have effect in relation to any Bill passed by the Legislative Assembly subsisting\nimmediately before the appointed day but not assented to before that day as it has effect in relation to Bills passed\nafter the appointed day.\n\nReturn of Bills by Administrator.\n\n42. The Administrator may return to the Assembly any Bill presented to him for his assent, transmitting therewith\nany amendments which he may recommend, and the Assembly shall deal with such recommendation.\n\nDisallowance of laws.\n\n43.(1) Any law to which the Administrator has given his assent may be disallowed by Her Majesty through a\nSecretary of State.\n\n(2) Whenever a law has been disallowed by Her Majesty the Administrator shall, as soon as practicable, cause\nnotice of the disallowance to be published by Government Notice and the law shall be annulled with effect from\nthe date of the publication of that notice.\n\n(3) The provisions of subsection (2) of section 38 of the Interpretation Act 1889, shall apply to the annulment of\nany law under this section as they apply to the repeal of an Act of Parliament, save that any enactment repealed or\namended by or in pursuance of that law shall have effect as from the date of the annulment as if that law had not\nbeen made.\n\nOath of Allegiance.\n\n44. Except for the purpose of enabling this section to be complied with, no official, nominated or elected member\nof the Assembly shall be permitted to take part in its proceedings until he has made before the Administrator, or\nsome other person authorized in that behalf by the Administrator, an oath of allegiance in the form set out in the\nSchedule to this Order.\n\nPrivileges of Assembly and members.\n\n45. A law enacted under this Order may determine and regulate the privileges, immunities and powers of the\nAssembly and its members, but no such privileges, immunities or powers shall exceed those of the Commons'\nHouse of Parliament of the United Kingdom or of the members thereof.\n\n1962\/1646\n\n19\n\nSessions.\n\n46.(1) Subject to the provisions of this Order, the sessions of the Assembly shall be held at such places and begin\nat such times as the Administrator may from time to time by Proclamation appoint.\n\n(2) The first session of the Assembly shall begin within twelve months after the appointed day; and thereafter\nthere shall be at least one session of the Assembly in every year, so however that there shall be an interval of less\nthan twelve months between the last sitting in one session and the first sitting in the next session.\n\nProrogation and dissolution.\n\n47.(1) The Administrator may at any time, by Proclamation, prorogue or dissolve the Assembly.\n\n(2) The Administrator shall dissolve the Assembly at the expiration of three years from the date when the\nAssembly first meets after any general election unless it has been sooner dissolved.\n\nGeneral elections.\n\n48. There shall be a general election at such time within two months after every dissolution of the Assembly as\nthe Administrator shall by Proclamation appoint.\n\nPART VI\n\nAppeals from the Grand Court\n\nAppeals to Court of Appeal for Jamaica; saving.\n\n49.(1) Subject to the provisions of this section, the Court of Appeal for Jamaica shall have such jurisdiction to\nhear and determine appeals (including reserved questions of law and cases stated) from the Grand Court of the\nIslands and, in connection with such appeals, such powers and authorities as may be conferred upon it by any law\nfor the time being in force in the Islands.\n\n(2) The foregoing subsection shall not apply to appeals relating to any matter in respect of which this Order or any\nother law provides that the decision of the Grand Court of the Islands is to be final.\n\nPART VII\n\nMiscellaneous\n\nPublic seal.\n\n50. The Administrator shall keep and use the public seal for sealing all things that should pass that seal.\n\nGrants of land.\n\n51. Subject to the provisions of any law for the time being in force in the Islands, the Administrator or any person\nduly authorised by him in writing under his hand may, in Her Majesty's name and on Her behalf, make and\nexecute under the public seal grants and dispositions of any land or other immovable property within the Islands\nthat may be lawfully granted or disposed of by Her Majesty.\n\nAdministrator's power of pardon.\n\n52. The Administrator may, in Her Majesty's name and on Her behalf,\n\n1962\/1646\n\n20\n\n(a) grant to any person concerned in the commission of any offence for which he may be tried in the Islands, or to\nany person convicted of any offence under any law in force in the Islands, a pardon, either free or subject to\nlawful conditions;\n\n(b) grant to any person so convicted a respite, either indefinite or for a specified period, of the execution of any\nsentence passed on him in respect of the conviction;\n\n(c) substitute a less severe form of punishment for that imposed on any such person by any such sentence; or\n\n(d) remit the whole or any part of any such sentence or of any penalty or forfeiture due to Her Majesty by reason\nof the conviction.\n\nOffices and appointments.\n\n53. The Administrator, in Her Majesty's name and on Her behalf, may constitute such offices for the Islands as\nmay lawfully be constituted by Her Majesty and, subject to the provisions of any law in force in the Islands, may\nmake appointments (including appointments on promotion and transfer) to any such office; and any person so\nappointed shall, unless it is otherwise provided by any such law, hold office during Her Majesty's pleasure.\n\nDiscipline.\n\n54. Subject to the provisions of any law in force in the Islands, the Administrator may for cause shown to his\nsatisfaction dismiss or suspend from the exercise of his office any person holding a public office, or take such\ndisciplinary action as may seem to him to be desirable.\n\nExisting offices and authorities.\n\n55.(1) Subject to the provisions of this section, all offices and authorities established by or under the Order of\n1959 and existing immediately before the appointed day shall on and after that day, so far as consistent with the\nprovisions of this Order, continue as if they had been established by or under this Order; and any person who\nimmediately before that day is holding or acting in any such office or as a member of any such authority shall on\nand after that day continue to hold or act in that office or to be such a member as if he had been appointed thereto\nor as the case may be elected as such in accordance with this Order and had made any oath thereby required:\n\nProvided that the Legislative Assembly shall, if not sooner dissolved, stand dissolved on the date on which it\nwould have been required by that Order to be dissolved.\n\n(2) The provisions of this section shall be without prejudice to any powers conferred by or under this Order upon\nany person or authority to make provision for any matter, including (but without prejudice to the generality of the\nforegoing words) the establishment and abolition of offices, Courts of law and authorities and the appointment,\nelection or selection of persons to hold or act in any office or to be members of any court or authority and their\nremoval from office.\n\nExisting laws.\n\n56.(1) All Acts, Ordinances, rules, regulations, orders and other instruments made under or having effect by virtue\nof the Order of 1959 and having effect as part of the law of the Islands immediately before the appointed day shall\non and after the appointed day have effect as if they had been made under or by virtue of this Order.\n\n(2) Subject to the provisions of the next following subsection, the existing laws shall on and after the appointed\nday be construed with such modifications, adaptations, qualfications and exceptions as are necessary to bring\nthem into conformity with this Order.\n\n1962\/1646\n\n21\n\n(3) Subject to the provisions of this Order, the Administrator may by regulations at any time within eighteen\nmonths from the appointed day make such amendments to any existing law as appear to him to be necessary or\nexpedient for bringing that law into conformity with the provisions of this Order or otherwise for giving effect or\nenabling effect to be given to those provisions.\n\n(4) In this section the expression \"existing laws\" means laws and instruments (other than Acts of the Parliament of\nthe United Kingdom and instruments made thereunder) having effect as part of the law of the Islands immediately\nbefore the appointed day.\n\nPower reserved to to Her Majesty.\n\n57. Her Majesty hereby reserves to Herself power, with the advice of Her Privy Council, to make laws for the\npeace, order and good government of the Islands.\n\nW. G. Agnew.\n\nSCHEDULE\n\nSection 3(3), 5(2), 13 and 44.\n\nFORMS OF OATHS AND AFFIRMATIONS\n\n1. Oath of Allegiance\n\nI ..... do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her\nHeirs and Successors, according to law. So help me God.\n\n2. Oath for due execution of office\n\nI ..... do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors,\nin the office of (here insert the description of the office). So help me God.\n\n3. Affirmations. In the forms above respectively set forth, for the word \"swear\" there shall be substituted the\nwords \"solemnly and sincerely affirm and declare\", and the words \"So help me God\" shall be omitted.\n\nEXPLANATORY NOTE\n\n(This Note is not part of the Order, but is intended to indicate its general purport.)\n\nThe purpose of this Order is to substitute a revised Constitution for that provided by the Cayman Islands\n(Constitution) Order in Council 1959, and to synchronize its commencement with that of the independence of\nJamaica, whose Governor was, under that Order, the Governor of the Islands.","akn_extracted_at":"2026-06-22 15:40:59.753426+00","cms_id":"CONST-74","law_type":"constitution","year":"1962","number":"74","title":"1962 - The Cayman Islands (Constitution) Order in Council 1962 (SI 1962 No. 1646)","status":"not_in_force"},"provenance":{"files":[{"file_id":"6887","expr_id":"2385","kind":"akn_xml","filename":"Cayman Islands Constitution Order in Council 1962.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/CONSTITUTION\/1962\/CONST-74\/Cayman Islands Constitution Order in Council 1962.akn.xml","content_md5":"f2ad40507fbcfaaa75627ca10e09956d","byte_size":"66373","http_last_modified":null,"fetched_at":"2026-06-22 15:41:00.331843+00"},{"file_id":"4769","expr_id":"2385","kind":"pristine_pdf","filename":"Cayman Islands Constitution Order in Council 1962.pdf","source_url":"\/cms\/legislation\/constitution\/historic.html?download=74:1962-the-cayman-islands-constitution-order-in-council-1962-si-1962-no-1646","storage_path":"\/Users\/q\/kyleg-data\/pristine\/CONSTITUTION\/1962\/CONST-74\/Cayman Islands Constitution Order in Council 1962.pdf","content_md5":"f9f12975bd572b88795c8b3d3bac523d","byte_size":"140132","http_last_modified":null,"fetched_at":"2026-06-16 03:48:35.833549+00"},{"file_id":"4770","expr_id":"2385","kind":"working_pdf","filename":"Cayman Islands Constitution Order in Council 1962.pdf","source_url":"\/cms\/legislation\/constitution\/historic.html?download=74:1962-the-cayman-islands-constitution-order-in-council-1962-si-1962-no-1646","storage_path":"\/Users\/q\/kyleg-data\/working\/CONSTITUTION\/1962\/CONST-74\/Cayman Islands Constitution Order in Council 1962.pdf","content_md5":"f9f12975bd572b88795c8b3d3bac523d","byte_size":"140132","http_last_modified":null,"fetched_at":"2026-06-16 03:48:35.833549+00"}],"paragraph_count":58,"latest_history":null},"quality":{"expr_id":"2385","doc_id":"2385","quality_state":"known_issue","quality_score":"67","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: 1962 1646 x21","assessed_at":"2026-06-22 15:29:46.191765+00","updated_at":"2026-06-22 15:29:46.191765+00"}}