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The Cayman Islands (Constitution) (Amendment) Order 1978 (SI 1984 No. 126)\", \"parties\": [], \"longTitle\": null}, \"docKind\": null}, \"bill\": null, \"judgment\": null}}","akn_full_text":"222\n\nSTATUTORY INSTRUMENTS\n\n1984 No. 126\n\nCARIBBEAN AND NORTH ATLANTIC TERRITORIES\nThe Cayman Islands (Constitution) (Amendment) Order 1984\n\nMade - - - - 8th February 1984\nLaid before Parliament 16th February 1984\nComing into Operation 12th March 1984\n\nAt the Court at Buckingham Palace, the 8th day of February 1984\nPresent,\n\nThe Queen\u2019s Most Excellent Majesty in Council\n\nHer Majesty, by virtue of the powers conferred upon Her by section 5 of\nthe West Indies Act 1962 (a) and of all other powers enabling Her in\nthat behalf, is pleased, by and with the advice of Her Privy Council, to\norder, and it is hereby ordered, as follows:\u2014\n\nCitation, 1.\u2014(1) This Order may be cited as the Cayman Islands (Constitution)\nconstruc- (Amendment) Order 1984 and shall be construed as one with the\ntion and Cayman Islands (Constitution) Order 1972(b) .\n\ncommence-\n\nment (2) The Cayman Islands (Constitution) Order 1972 and this Order\nmay be cited together as the Cayman Islands (Constitution) Orders 1972\nand 1984.\n\n(3) This Order shall come into operation on 12th March 1984 save\nthat the provisions of sections 2 to 6 inclusive and section 8 or of any\nsuch sections shall have effect from such later date or dates as may be\nnotified by the Governor, acting in his discretion, by proclamation\npublished in the Gazette.\n\nReplace- 2. Section 18 of the Constitution of the Cayman Islands shall be\n\nment of replaced by the following:\nsection\n\n18. \u201cQualifications 18. Subject to the provisions of the next following\nfor elected section, a person shall be qualified to be elected as a\nmembership. member of the Assembly if, and shall not be qualified to be\n\nso elected unless,\u2014\n\n(a) he possesses Caymanian status and is either a British\ncitizen or a British Dependent Territories citizen of\nthe age of twenty-one years or over; and\n\n(b) he is domiciled in the Islands at the date of his\nnomination for election; and either\n\n(c) he or one of his parents was born in the Islands and\nhe has resided in the Islands for a period or periods\ntotalling not less than five years out of the seven\nyears immediately preceding the date of his nomination for election and he is resident therein at that\ndate; or\n\n(a) 1962 c.19. (b) S.I. 1972\/1101.\n\nS.I. 1984\/126 223\n\n(d) he has resided in the Islands for a period or periods\ntotalling not less than fifteen years out of the twenty\nyears immediately preceding the date of his nomination for election, of which period of fifteen years five\nyears must be immediately prior to the date of his\nnomination for election; or\n\n(e) he was, on the day immediately preceding the\nappointed day, qualified to be elected as a member\nof the Assembly.\u201d\n\n3. Paragraph (c) of subsection (3) of section 20 of the Constitution\nof the Cayman Islands shall be amended by substituting the words\n\n\u201ceither a British citizen possessing Caymanian status or a British 5\n\nDependent Territories citizen possessing Caymanian status\u201d for the\nwords \u201ca British subject\u201d and by adding the following proviso \u2014\n\u201cProvided that the seat of any person who qualified for election under\nthe provisions of section 18 (e) of the Constitution shall not become\nvacant because that person does not possess Caymanian status, unless\nhe is granted Caymanian status on or after the date of his election and\nsubsequent to such grant he shall cease to possess such status, in which\ncase his seat shall become vacant.\u201d\n\n4. Section 25 of the Constitution of the Cayman Islands shall be\nreplaced by the following:\n\n\u201cQualifica- 25. Subject to the provisions of the next following\n\ntions of section, a person shall be entitled to be registered as an\n\nelectors. elector in one electoral district only but he shall not be\nentitled to be registered as an elector for elections to the\nAssembly unless\u2014\n\n(a) he is a citizen of a Commonwealth country of the age\nof eighteen years or over; and\n\n(b) he is domiciled and resident in the Islands at the date\nof registration; and either\n\n(c) he one of his parents was born in the Islands; or\n\n(d) he has been ordinarily resident in the Islands for a\nperiod or periods amounting to seven years out of the\nnine years immediately preceding the date of registration; or\n\n(e) he is, on the day immediately preceding the\nappointed day, entitled to be registered as an\nelector.\u201d\n\n5. Part V of the Constitution of the Cayman Islands shall be\nreplaced by the following:\n\n\u201cPART V\nTHE COURT OF APPEAL\n\nAppeals to 49. There shall be a Court of Appeal for the Islands\nCourt of styled the Cayman Islands Court of Appeal, which shall be\nAppeal. a superior Court of Record.\n\nJurisdiction 49A.\u2014(1) The Court shall have jurisdiction to hear and\nof the Court. determine such appeals from the Grand Court as may be\nprescribed by any law in force in the Islands.\n\nAmend-\n\nment of\n\nsection\n0.\n\nReplacement of\nsection\n25.\n\nReplacement of\nPart V.\n\n224 CARIBBEAN AND NORTH ATLANTIC TERRITORIES\n\nConstitution\nof Court\nof Appeal.\n\nTenure of\noffice of\njudges of\nCourt of\nAppeal.\n\n(2) In connection with any appeal from the Grand Court\nthe Court shall, subject to the provisions of this Order and\nany law in force in the Islands, have all the powers and\njurisdiction that are possessed by that court under any law\nin force in the Islands; and decisions of the Court in respect\nof any appeal from the Grand Court shall, subject as\naforesaid, be enforced in the Islands in the same way as\ndecisions of that court.\n\n(3) The provisions of subsection (1) of this section shall\nnot apply to appeals relating to any matter in respect of\nwhich this Constitution or any other law provides that the\ndecision of the Grand Court of the Islands is to be final.\n\n(4) The Court shall have and use a seal bearing the style\nof the Court and a device approved by the President.\n\n49B.\u2014(1) The judges of the Court of Appeal shall be a\nPresident and not less than two Justices of Appeal.\n\n(2) The judges of the Court of Appeal shall be appointed\nby the Governor, acting in his discretion, by instrument\nunder the Public Seal, in accordance with such instructions\nas he may receive from Her Majesty through a Secretary of\nState:\n\nProvided that the office of a judge shall not, without his\nconsent, be abolished during his continuance in office.\n\n(3) A person shall be qualified to be appointed as a judge\nof the Court of Appeal if, and shall not be qualified to be so\nappointed unless, he holds or has held high judicial office.\n\n(4) A judge of the Grand Court may exercise any of the\npowers of a single judge of the Court of Appeal to such\nextent as the Assembly may by law prescribe.\n\n49C.\u2014(1) The judges of the Court of Appeal shall be\nappointed for such period as may be specified in their\nrespective instruments of appointment. The office of a\njudge of the Court of Appeal shall become vacant upon the\nexpiration of the period of his appointment to that office.\n\n(2) A judge of the Court of Appeal may be removed from\noffice only for inability to discharge the functions of his\noffice (whether arising from infirmity of body or mind or\nany other cause) or for misbehaviour, and shall not be so\nremoved except in accordance with the provisions of\nsubsection (3) of this section.\n\n(3) A judge of the Court of Appeal shall be removed\nfrom office by the Governor by instrument under the Public\nSeal if the question of the removal of that judge from office\nhas, at the request of the Governor, made in pursuance of\nsubsection (4) of this section, been referred by Her Majesty\nto the Judicial Committee of Her Majesty\u2019s Privy Council\nunder section 4 of the Judicial Committee Act 1833 or any\nother enactment enabling Her Majesty in that behalf, and\nthe Judicial Committee has advised Her Majesty that the\njudge ought to be removed from office for inability as\naforesaid or misbehaviour.\n\nS.I. 1984\/126\n\n225\n\nVii\n\n(4) If the Governor considers that the question of\nremoving a judge of the Court of Appeal from office for\ninability as aforesaid or misbehaviour ought to be investigated, then\u2014\n\n(a) the Governor shall appoint a tribunal, which shall\nconsist of a Chairman and not less than two other\nmembers selected by the Governor from among\npersons who hold or have held high judicial office;\n\n(b) the tribunal shall inquire into the matter and report\non the facts thereof to the Governor and advise the\nGovernor whether he should request that the\nquestion of the removal of that judge should be\nreferred by Her Majesty to the Judicial Committee;\nand\n\n(c) if the tribunal so advises, the Governor shall request\nthat the question should be referred accordingly.\n\n(5) The provisions of the Commissions of Enquiry Law\nshall, subject to the provisions of this section, apply as\nnearly as may be in relation to tribunals appointed under\nsubsection (4) of this section or, as the context may require,\nto the members thereof as they apply in relation to\nCommissions or Commissioners appointed under that Law.\n\n(6) If the question of removing a judge of the Court of\nAppeal from office has been referred to a tribunal under\nsubsection (4) of this section the Governor may suspend the\njudge from performing the functions of his office, and any\nsuch suspension may at any time be revoked by the\nGovernor, and shall in any case cease to have effect\u2014\n\n(a) if the tribunal advises the Governor that he should\nnot request that the question of the removal of the\njudge from office should be referred by Her Majesty\nto the Judicial Committee; or\n\n(b) if the Judicial Committee advises Her Majesty that\nthe judge ought not to be removed from office.\n\n(7) The powers conferred upon the Governor by this\nsection shall be exercised by him acting in his discretion.\n\n49D.\u2014(1) If the office of the President of the Court of\nAppeal is vacant, or if the holder thereof is for any reason\nunable to perform the functions of his office, then, until\nsome other person has been appointed to, and has assumed\nthe functions of, that office, or until the holder thereof has\nresumed those functions, as the case may be, such one of\nthe Justices of Appeal or such other person qualified for\nappointment as a judge of the Court of Appeal as the\nGovernor, acting in his discretion, may appoint for that\npurpose shall act in the office of the President.\n\n(2) If the office of a Justice of Appeal is vacant, or if any\nJustice of Appeal is acting as the President, or is for any\nreason unable to perform the functions of his office the\nGovernor, acting in his discretion, may appoint a person\npossessing such legal qualifications and experience as he,\n\nActing\njudges of\nCourt of\nAppeal.\n\n226\n\nCARIBBEAN AND NORTH ATLANTIC TERRITORIES\n\nOaths to be\ntaken by\njudges of\nCourt of\nAppeal.\n\nPending\nproceedings.\n\nExisting\nappeal laws\nand rules\nof court.\n\nafter consultation with the President, or acting President,\nmay deem appropriate to act as a Justice of Appeal.\n\n(3) Any person appointed under this section to act as a\nJustice of Appeal shall, unless he is removed from office\nunder the preceding section, continue to act for the period\nof his appointment or, if no such period is specified, until\nhis appointment is revoked by the Governor, acting in his\ndiscretion:\n\nProvided that a person whose appointment so to act has\nexpired or been revoked may, with the permission of the\nGovernor, acting in his discretion, continue so to act for\nsuch period as may be necessary to enable him to deliver\njudgment or to do any other thing in relation to proceedings\nthat were commenced before him previously thereto.\n\n49E. Before entering upon the functions of his office\nevery judge of the Court of Appeal shall make and\nsubscribe before the Governor, or some other person\nauthorised in that behalf by the Governor, oaths or\naffirmations of allegiance and for the due execution of his\noffice in the forms set out in Schedule II to this\nConstitution.\n\n49F.\u2014(1) Any proceedings relating to appeals from the\nGrand Court that are pending immediately before the\ncommencement of The Cayman Islands (Constitution)\n(Amendment) Order 1984 in the existing Court may be\ncontinued and concluded after the commencement of the\nsaid Order in that court as if the said Order had not been\nmade.\n\n(2) Any judgment of the existing Court given, but not\nsatisfied before the commencement of The Cayman Islands\n(Constitution) (Amendment) Order 1984, and any judgment of the existing Court given after the commencement\nof the said Order in respect of any proceedings referred to\nin subsection (1), may be enforced after the commencement of the said Order as if it were a judgment of the\nCourt.\n\n(3) For the purposes of subsection (2), \u2018\u201c\u2018judgment\u201d\nincludes an order for costs and any other ancillary or\nconsequential order including an order in relation to an\napplication for leave to appeal to Her Majesty in Council.\n\n(4) For the purposes of subsections (1) and (2) and of\nsection 49G, the words \u201cexisting Court\u201d mean the Court of\nAppeal existing immediately before the date on which this\nsection comes into operation.\n\n49G.\u2014(1) Any law in force in the Islands immediately\nbefore the commencement of The Cayman Islands (Constitution) (Amendment) Order 1984 providing for appeals\nfrom the Grand Court to the existing Court and matters\nrelating thereto shall, subject to amendment or repeal by a\nlaw of the Assembly, continue in force in the Islands after\n\nS.1. 1984\/126 227\n\nthe commencement of the said Order, and for that purpose\nshall be construed with any necessary adaptations and\nmodifications.\n\n(2) All rules of court relating to the hearing and\ndetermination of appeals from the Grand Court by the\nexisting Court in force immediately before the commencement of The Cayman Islands (Constitution) (Amendment)\nOrder 1984, shall continue in force after the commencement of the said Order.\n\n(3) The Governor may by order made at any time before\nthe 31st December 1984 make such amendments to any law\nin force in the Islands as may appear to him to be necessary\nor expedient for bringing that law into conformity with the\nprovisions of this Order or otherwise for giving effect or\nenabling effect to be given to those provisions.\u201d\n\n6. Section 50 of the Constitution of the Cayman Islands shall be Amendment\namended as follows: of section 50.\n\n(1) the definition of \u2018appointed day\u201d in subsection (1) shall be\nreplaced by the following:\n\n\u201c* \u201cappointed day\u201d? means\u2014\n\n(a) in relation to sections 18(e) and 25(e), the day as from which\nthose provisions respectively come into operation under section\n1(3) of the Cayman Islands (Constitution) (Amendment) Order\n1984;\n\n(b) in relation to any other provision of this Constitution, the day as\nfrom which this Constitution (other than Part II thereof) has\neffect under section 2(1) of the Cayman Islands (Constitution)\nOrder 1972;\u201d\u2019\u2019.\n\n(2) the following definitions shall be added:\n\n\u201cCaymanian status\u201d means Caymanian status as provided under\nthe Caymanian Protection Law 1971 (as amended) or any law\nrepealing and replacing such law;\n\n\u201cthe Court\u201d for the purposes of Part V of the Constitution shall\nmean the Cayman Islands Court of Appeal;\n\n\u201cGrand Court\u2019 means the Grand Court constituted under the\nprovisions of the Grand Court Law.\n\n7.\u2014(1) The registration of electors, using the provisions of sections 2, Preparatory\n3, 4 and 6 of this Order, may take place at any time after the coming into measures.\noperation of this Order although the said sections have not yet come\ninto effect but no person so registered may vote until the said sections\nhave come into effect.\n\n(2) Any procedures begun in pursuance of subsection (1) may be\ncontinued after the said sections have come into effect.\n\n8. The Constitution of the Cayman Islands shall be amended by the Schedule II\naddition of a Schedule II thereto as follows: 1 ne ution\n\n\u201c(Section 49E) SCHEDULE II\n\nForms of Oaths and Affirmations for judges of the Court of Appeal\n\n228 CARIBBEAN AND NORTH ATLANTIC TERRITORIES\n\n1. Judicial Oath\n\nToe ee ccc cece cece eee eee ee eeeeeeeceeceeceeeeeeeeeeesaeeaesaeeeseneeeeeaeeaeseeeneeees do swear\nthat I will well and truly serve Her Majesty Queen Elizabeth the Second in the\noffice of (here insert the description of the office) and I will do right to all\nmanner of people according to the law without fear or favour affection or illwill. So help me God.\n\n2. Judicial Affirmation\n\nTee ee ce cecc sec see eee eee nee eeeee een eseeseeseeseeseaeeaeeaeeeeceeeneeeeeneeeeees do solemnly\nand sincerely affirm and declare that I will well and truly serve Her Majesty\nQueen Elizabeth the Second in the office of (here insert the description of the\noffice) and I will do right to all manner of people according to the law without\nfear or favour affection or ill-will.\u201d\n\nN. E. Leigh,\nClerk of the Privy Council.\n\nEXPLANATORY NOTE\n(This Note is not part of the Order.)\n\nThis Order provides that electors and persons putting up for election to the\nLegislative Assembly shall have closer ties with the Cayman Islands than\nhitherto. No one who is enfranchised or who is qualified for election to the\nAssembly immediately prior to the Order is disenfranchised or disqualified.\nThe Order also makes fresh provision for the hearing and determination of\nappeals from the Grand Court of the Cayman Islands.\n\n1H\n\n80110 461267","akn_extracted_at":"2026-06-22 15:41:22.278043+00","cms_id":"CONST-85","law_type":"constitution","year":"1984","number":"85","title":"1984 - The Cayman Islands (Constitution) (Amendment) Order 1978 (SI 1984 No. 126)","status":"not_in_force"},"provenance":{"files":[{"file_id":"16713","expr_id":"2394","kind":"akn_xml","filename":"1984126 - The Cayman Islands Constitution Amendment Order 1984 UKSI 1261984.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/CONSTITUTION\/1984\/CONST-85\/1984126 - The Cayman Islands Constitution Amendment Order 1984 UKSI 1261984.akn.xml","content_md5":"2a0ebc2c645a98128f18b9eb106a80b2","byte_size":"22666","http_last_modified":null,"fetched_at":"2026-06-22 15:41:22.361966+00"},{"file_id":"4787","expr_id":"2394","kind":"pristine_pdf","filename":"1984126 - The Cayman Islands Constitution Amendment Order 1984 UKSI 1261984.pdf","source_url":"\/cms\/legislation\/constitution\/historic.html?download=85:1984-the-cayman-islands-constitution-amendment-order-1978-si-1984-no-126","storage_path":"\/Users\/q\/kyleg-data\/pristine\/CONSTITUTION\/1984\/CONST-85\/1984126 - The Cayman Islands Constitution Amendment Order 1984 UKSI 1261984.pdf","content_md5":"45cde61be06a59e4f83c6f9599f42100","byte_size":"2317604","http_last_modified":null,"fetched_at":"2026-06-16 03:48:44.505174+00"},{"file_id":"4788","expr_id":"2394","kind":"working_pdf","filename":"1984126 - The Cayman Islands Constitution Amendment Order 1984 UKSI 1261984.pdf","source_url":"\/cms\/legislation\/constitution\/historic.html?download=85:1984-the-cayman-islands-constitution-amendment-order-1978-si-1984-no-126","storage_path":"\/Users\/q\/kyleg-data\/working\/CONSTITUTION\/1984\/CONST-85\/1984126 - The Cayman Islands Constitution Amendment Order 1984 UKSI 1261984.pdf","content_md5":"45cde61be06a59e4f83c6f9599f42100","byte_size":"2317604","http_last_modified":null,"fetched_at":"2026-06-16 03:48:44.505174+00"}],"paragraph_count":9,"latest_history":null},"quality":{"expr_id":"2394","doc_id":"2394","quality_state":"known_issue","quality_score":"71","needs_human_review":"t","deterministic_categories":"{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}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: section x3; replaced by the following x3","assessed_at":"2026-06-22 15:29:46.195933+00","updated_at":"2026-06-22 15:29:46.195933+00"}}