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PART 8 - MISCELLANEOUS 54. 55. Application of the Labour Law, Immigration Law, National Pensions Law and Health 56. 57. 58. 59. ENDNOTES Public Authorities Law (2020 Revision) PUBLIC AUTHORITIES LAW (2020 Revision) PART 1- INTRODUCTORY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Public Authorities Law (2020 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Law \u2014 \u201cadvisory function\u201d includes the function to give advice, in accordance with the Law which governs the authority, to the government and to such other persons to whom the authority is required to give advice by that Law; \u201casset\u201d means an item of economic value that is expected to yield a benefit to its owner in the future; \u201cboard\u201d means the board of a public authority established pursuant to section 8; \u201cboard member\u201d means member of a board appointed pursuant to section 9; \u201cborrowing\u201d means any borrowing of money or other receipt of credit, whether secured or unsecured, and includes any hire purchase agreement or finance lease, but does not include the purchase of goods or services on credit for a period of ninety days or less; \u201ccapital charge\u201d means the cost to a public authority of borrowing money to buy or improve the buildings, equipment, or other capital assets that it uses to produce products or provide services; Public Authorities Law (2020 Revision) \u201cCaymanian\u201d means a person who possesses Caymanian status under the Immigration Transition Law, 2018 [Law 33 of 2018] or any earlier law providing for the same or similar rights and a person who acquired that status under Part III of the repealed Immigration Law (2015 Revision); \u201cCayman Islands Monetary Authority\u201d means the Cayman Islands Monetary Authority established under section 5 of the Monetary Authority Law (2020 Revision); \u201cchief executive officer\u201d means the head of a public authority; \u201cchief officer\u201d means the person appointed as chief officer in a Ministry or Portfolio which has responsibility for a public authority; \u201ccivil servant\u201d means a person employed by an entity other than a public authority and is a public officer as defined by the Constitution; \u201cco-operative function\u201d means the function of an authority to provide assistance to overseas regulatory authorities in accordance with the Law which governs the authority; \u201ccore government\u201d means the Legislative Assembly, the Cabinet, ministries, portfolios, the Office of the Ombudman and the Audit Office and includes the equity investment in statutory authorities and government companies; \u201cCurrency Reserve\u201d means the reserve established under section 32 of the Monetary Authority Law (2020 Revision); \u201centity\u201d means any body and includes a ministry, portfolio, statutory authority, government company, the Office of the Ombudman and the Audit Office; \u201cfinancial year\u201d means such date as the Cabinet may determine; \u201cgovernment company\u201d means \u2014 (a) a company in which the Government has a controlling interest; and (b) in respect of each such company, includes all subsidiary entities of the company; \u201cgross misconduct\u201d means misconduct that is of such a serious nature or magnitude that, in the opinion of the appointing officer, the employee should be dismissed with immediate effect; \u201cmonetary functions\u201d, in relation to the Cayman Islands Monetary Authority, mean the functions \u2014 (a) to issue and redeem currency notes and coins; and (b) to manage the Currency Reserve \u201coutputs\u201d means the goods or services that are produced by an entity or other person; \u201cownership agreement\u201d means an agreement which specifies the ownership performance to be achieved by a public authority and which is prepared in Public Authorities Law (2020 Revision) accordance with section 50 of the Public Management and Finance Law (2020 Revision); \u201cownership performance\u201d means, in relation to an entity, the performance that an ordinary person who was the owner of that entity would expect of that entity; \u201cpublic authority\u201d means a statutory authority or government company; \u201cpublic servant\u201d means a person employed by a public authority and is a public officer as defined by the Constitution; \u201cpublic service\u201d means Ministries, Portfolios, the Judiciary, the Legislative Assembly, agencies reporting directly to the Legislative Assembly, Governmental committees, statutory authorities and government companies; \u201cpurchase agreement\u201d means an agreement which specifies all the outputs the Cabinet intends to purchase from a public authority and which is prepared in accordance with section 49 of the Public Management and Finance Law (2020 Revision); \u201cregulatory function\u201d \u2014 (a) includes the function to regulate and supervise persons in accordance with the Law which governs the authority; or (b) has the meaning assigned by the Law which governs the authority; \u201cremuneration\u201d means salary, wages, allowances and any benefits received by a person as a result of that person\u2019s employment; \u201csenior staff\u201d means \u2014 (a) chief financial officers and deputy chief financial officers of public authorities; and (b) heads of departments, sections or units of public authorities and their deputies; \u201cserious misconduct\u201d means misconduct that is serious in nature or magnitude but is not so severe as to be gross misconduct; and \u201cstatutory authority\u201d means an entity established by a law to carry out functions which are capable under that law, of being funded, partly or entirely, by money provided by the Cabinet, and for which the Governor or the Cabinet has the power to appoint or dismiss the majority of the board or other governing body.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Interpreting inconsistencies with other laws 3. In the event of any inconsistency between the provisions of this Law and the operation of any other law, the provisions of this Law shall prevail to the extent of the inconsistency. Public Authorities Law (2020 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Purpose of Law 4. (1) The purpose of this Law is to provide uniform regulation of the management and governance of public authorities. (2) Nothing in this Law shall be construed as affecting the principal functions of any public authority and shall not affect the independent regulatory decision making process with regard to the issue or suspension of licenses, and any other regulatory decision. PART 2 - PURPOSE AND OBJECTIVES OF PUBLIC AUTHORITIES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Purpose of public authorities 5. The purpose of a public authority is to help the Government to achieve its policy objectives when those objectives are more effectively accomplished through the use of separate legal entities rather than through the civil service.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Public authorities part of the public service 6. Public authorities are not part of the civil service but are part of the public service and, as such, shall operate in a manner which best serves the public interest.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Principal objectives of public authorities 7. (1) The principal objectives of a public authority are to \u2014 (a) deliver the outcomes specified by Cabinet; (b) supply outputs that the Cabinet has agreed that it will purchase from the public authority; (c) supply outputs to entities or individuals other than the Cabinet for payment on a break-even basis or preferably at a profit, and in accordance with agreements with those entities or individuals; and (d) achieve the ownership performance that it has agreed with the Cabinet that it will achieve during a year. (2) It is the duty of a public authority to conduct its affairs in a responsible financial manner and accordingly, a public authority shall operate as a profitable and efficient business and contribute to the revenue of core government or, at least, break even in its operations. Public Authorities Law (2020 Revision) PART 3 \u2013 APPOINTMENT, RESPONSIBILITIES AND PROCEDURES OF THE BOARDS OF PUBLIC AUTHORITIES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Requirement to have a board 8. (1) Notwithstanding any other law, a public authority shall have a board, by whatever name called, consisting of a chairperson and not less than four other members. (2) A board shall be responsible for the governance of the public authority, including the general administration and oversight of its affairs and business, in accordance with the provisions of this Law and any other law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Appointment of board members 9. (1) Notwithstanding the provisions of any other law \u2014 (a) board members of a public authority shall be appointed by the Cabinet; (b) all new board members shall undertake an orientation session and training provided by the public authority to which they have been appointed as soon as practicable after their appointment; and (c) one of the appointed board members shall be appointed by the Cabinet to be the chairperson of the board. (2) A letter of appointment of a board member shall set out \u2014 (a) the terms and conditions of the appointment; (b) the policies and procedures relating to public authorities; and (c) the duties and responsibilities of the public authority to which the member is appointed. (3) The Cabinet shall cause a notice of the appointment of board members to be published in the Gazette. (4) Notwithstanding the provisions of any other law, prior to appointing any person to be a board member, the Cabinet shall satisfy itself that \u2014 (a) the person has the skills, knowledge, and integrity to carry out the duties required in a highly competent and politically neutral manner; and (b) the person has no financial or other interest likely to prejudicially affect the exercise of that person\u2019s functions as a board member, and the Cabinet shall require a person it proposes to appoint to give a full disclosure of that person\u2019s interests to establish that no conflict of interest exists as required by the Standards in Public Life Law, 2014 [Law 3 of 2014]* and the Anti-Corruption Law (2019 Revision). (5) When appointing board members, the Cabinet shall ensure that, among them, the board members have adequate knowledge, experience and understanding of the following areas \u2014 Public Authorities Law (2020 Revision) (a) corporate governance; (b) strategic and financial management; and (c) the scope of business, outputs and operations of the public authority concerned. (6) The Cabinet may appoint a public or civil servant to a board however \u2014 (a) notwithstanding any other law, the membership of a board shall not be comprised of more than forty percent public or civil servants; (b) the chairperson shall not be a public or civil servant; and (c) public or civil servant board members shall not be entitled to vote.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Members of the Legislative Assembly and Judiciary not to be board members 10. Notwithstanding section 9 and any other law, a member of the Legislative Assembly or the Judiciary, or a bankrupt, shall not be eligible for appointment as a board member.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Term of appointment 11. (1) Board members shall hold and vacate office in accordance with the terms of their appointment, subject to subsections (2) to (4) and the provisions of any other relevant Law. (2) Board members shall serve for a term specified by the Cabinet, however, to ensure continuity of a board, no more than two-thirds of the board members shall be replaced at any one time unless special circumstances arise. (3) A board member may, at any time, by notice in writing addressed to the relevant Minister or Official member, resign office. (4) The Cabinet may terminate a person\u2019s appointment as a board member at any time if it is satisfied that \u2014 (a) the member is not fulfilling the mandate of the public authority set by Cabinet; (b) the member has, in the opinion of the Cabinet, an unacceptable conflict of interest; (c) the member\u2019s conduct is detrimental to the effective governance of the board; (d) the member has been absent from three consecutive meetings of the board without the consent of the chairperson of the board; (e) the member\u2019s conduct brings the public authority into disrepute; (f) the member becomes bankrupt; or (g) the member is convicted of an offence for which that member is sentenced by a court to a term of imprisonment. Public Authorities Law (2020 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Appointment to fill board vacancy 12. Where a board member ceases to be a board member before the expiration date of that person\u2019s appointment, the Cabinet may appoint another person to hold that office for a term specified by Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Remuneration of board members 13. (1) Subject to section 14, board members shall be paid such remuneration which may include salaries, fees or other benefits, and such reasonable allowances in respect of expenses properly incurred by them in the performance of their duties, as the Cabinet shall determine. (2) The remuneration and expense allowances set by the Cabinet in accordance with subsection (1) shall not exceed any limits set by the Governor in accordance with section 18 of the Public Service Management Law (2018 Revision). (3) The remuneration and expense allowances of all board members shall be published by notice in such media as the Cabinet determines. (4) An appointment letter from the Cabinet shall set out all of the remuneration to be paid to the board member for the duration of the member\u2019s appointment. (5) Any remuneration or allowances paid to a board member shall be an expense of the relevant public authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"No board remuneration for civil servants 14. A board member who is a public or civil servant appointed in accordance with section 9(6) shall not be entitled to any remuneration but is entitled to claim travel and subsistence expenses in accordance with the policy of the public authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"General responsibilities 15. A board shall be responsible for the performance of the public authority, including the performance of all of its subsidiary entities and shall ensure that the public authority \u2014 (a) delivers the outputs specified in the purchase agreement of the authority prepared in accordance with the Public Management and Finance Law (2020 Revision); (b) achieves the ownership performance specified in the ownership agreement of the public authority prepared in accordance with the Public Management and Finance Law (2020 Revision); (c) complies with this Law and all other laws that are relevant to a public authority; and (d) acts with fiduciary responsibility, ensuring that no conflicts of interest exist and that the public authority acts in the public interest. Public Authorities Law (2020 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Specific responsibilities 16. A board shall have the following specific responsibilities \u2014 (a) to exercise leadership, enterprise, integrity and good judgment in directing a public authority so as to act in the best interest of the public authority, and in so doing, act in a manner based on transparency, accountability and responsibility; (b) to determine the strategy to achieve the purpose of the public authority as determined by a strategic plan; (c) to implement the Public Service Values of the public authority in order to ensure the survival and viability of the authority; (d) to ensure that procedures and practices are in place that protect the public authority\u2019s assets and reputation; (e) to monitor and evaluate the implementation of strategies, policies, management performance and business plans; (f) to ensure that the public authority complies with all relevant laws, regulations and codes of best practice; (g) to ensure that the public authority communicates openly, proactively and transparently with chief officers, Ministers, Members of the Cabinet and other key stakeholders; (h) to ensure that all official communications between the public authority and Chief Officers, Ministers and Members of the Cabinet are in writing; (i) to identify the public authority\u2019s internal and external stakeholders and to agree to a policy on how the authority should communicate with them; (j) to regularly review processes and procedures to ensure the effectiveness of the public authority\u2019s internal systems of control in order to ensure that its decision-making capability and the accuracy of its reporting and financial results are maintained at high levels at all times; (k) to regularly assess the board\u2019s own performance and effectiveness as a whole, and that of individual members and the chief executive officer; (l) to appoint the chief executive officer and to ensure that there is adequate training for management and employees and a succession plan for senior management; (m) to ensure that all technology and systems used in the public authority are adequate to properly operate the business of the authority; (n) to identify key risk areas and key performance indicators of the authority\u2019s performance and to monitor these factors; (o) to ensure that audited financial statements are submitted to the relevant ministry or portfolio in the timeframe specified in the Public Management and Finance Law (2020 Revision); Public Authorities Law (2020 Revision) (p) to ensure there is a proper framework for procurement established by the public authority that is in line with the Public Finance Management Law (2020 Revision) or any other procurement legislation; and (q) to comply with general and lawful written instructions of the Cabinet regarding the performance of its duties and functions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Meetings of the board 17. (1) Subject to any other law, or where relevant, a public authority\u2019s articles of association, the following shall apply to meetings of a board \u2014 (a) a board shall meet at least once every three months and at such other times as may be necessary or expedient for the governance of the public authority; and such meetings shall be held at such place and time and on such days as the chairperson may from time to time determine; (b) a secretary of the board should circulate the agenda and accompanying documents for the board meeting to members at least five working days prior to the meeting or within such shorter period as the chairperson may direct; (c) a chairperson shall call an extraordinary meeting of the board if requested to do so in writing by three board members, and such request shall include a statement of the agenda proposed for the meeting; (d) if the chairperson refuses or neglects to convene a meeting of the board upon request, a meeting of the board may be convened by the board members making the request; (e) subject to paragraph (f), the chairperson shall preside at all meetings of a board; (f) in the absence of a chairperson, the deputy chairperson, if there is one, or, in the absence of the deputy chairperson, a board member, who is entitled to vote and who is elected by the board members present, shall preside and perform the functions of the chairperson of the meeting provided there is a quorum; (g) the quorum of a board shall be a simple majority of the board members who are entitled to vote; (h) where a member has a conflict of interest and is required to recuse themselves from the meeting, the quorum will be a simple majority of the other members; (i) decisions of a board shall be determined by a simple majority of those board members who are entitled to vote and who are present at the board meeting, except that in the case of an equality of votes at any meeting, a chairperson at that meeting shall have a second or casting vote; Public Authorities Law (2020 Revision) (j) where a chairperson has given that person\u2019s approval, a board member may attend meetings via telephonic or electronic media; and (k) all board meetings shall be held in the Islands unless agreed otherwise by the Minister responsible for the public authority. (2) Where there is a possible or perceived conflict of interest with respect to any matter that comes up for discussion or decision by a board, the relevant board member shall disclose the interest of that board member and \u2014 (a) shall, as soon as the matter comes up on the agenda of the board, immediately leave the place in which the deliberations are taking place and shall not participate, directly or indirectly, in the deliberations and shall not return while the matter is under discussion until a decision has been taken by the board; and (b) shall otherwise comply with laws and regulations which deal with conflicts of interest. (3) A declaration of a conflict of interest and the absence of the board member concerned shall be recorded in the minutes of the meeting. (4) Where a conflict of interest arises in a matter where the board member has power to take a decision without approval or participation by the board, the board member shall recuse themselves at the earliest opportunity and shall not express any opinion on the matter.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Recording secretary 18. (1) Notwithstanding any other law, a board may appoint a person, not being a board member, to be the recording secretary of the board. (2) A recording secretary shall be responsible for preparing and distributing the agenda for board meetings and the taking of board minutes in accordance with section 19. (3) The remuneration and expenses of a recording secretary shall be an expense of the public authority except that, where the recording secretary is also a civil servant, the recording secretary shall not receive any remuneration or allowances and the entity which employs the recording secretary shall be reimbursed by the authority for the costs of providing the board with secretarial services.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Board minutes 19. (1) A recording secretary shall keep minutes of each meeting of a board in such form as the board determines; and the minutes shall be confirmed as soon as practicable at the next meeting of the board and signed by the chairperson or by any other person who presided at the meeting at which the minutes were taken. Public Authorities Law (2020 Revision) (2) Subject to subsections (4) and (5), as soon as the minutes of a meeting have been confirmed by a board in accordance with subsection (1) they shall be considered a public document and a copy of the minutes shall be made available by the public authority concerned to any person who makes a request for such minutes. (3) The public authority shall provide the chief officer of the responsible Ministry or Portfolio with a copy of the minutes no later than five working days after the minutes of a meeting have been confirmed by the board. (4) Where minutes contain regulatory decisions those decisions shall be redacted prior to being provided under subsections (2) and (3). (5) Minutes provided by the public authority under subsection (2) shall not contain the following information \u2014 (a) medical or other personal information; (b) commercially sensitive information; or (c) any other information which is exempt under the Freedom of Information Law (2020 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Authentication of documents 20. All documents issued by a public authority that are required by law to be issued under the seal of the public authority, shall be signed by the chairperson, another board member or an officer of the public authority authorised by the board to do so.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Disclosure of interests 21. (1) A board member, prior to assuming the functions of a board member shall make a declaration of that person\u2019s interests in accordance with the Standards in Public Life Law, 2014 [Law 3 of 2014]*. (2) Where a board member has any actual or potential personal or commercial financial interest, either directly or indirectly, in a transaction or decision being considered by the board, the member shall disclose the nature of that person\u2019s interest at a meeting of the board as soon as possible after the relevant circumstances have come to that person\u2019s knowledge. (3) A disclosure by a board member under this section shall be treated in accordance with section 17(2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Power to establish own procedures 22. Subject to sections 17 to 21 and the provisions of any other law, a board may establish its own meeting rules and procedures, and establish committees of the board, as it thinks fit. Public Authorities Law (2020 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"No personal liability except for negligence or bad faith 23. (1) Subject to subsection (2), neither a board nor any board member shall be liable in damages for anything done or omitted in the discharge of their respective functions or duties unless it is shown that the act or omission was negligent or in bad faith. (2) Notwithstanding subsection (1), where the function or duty exercised is, where applicable, regulatory, monetary, co-operative or advisory, the provision relating to negligence shall not apply. PART 4 \u2013 APPOINTMENT AND RESPONSIBILITIES OF CHIEF EXECUTIVE OFFICERS OF PUBLIC AUTHORITIES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Requirement for chief executive officer 24. A public authority shall have a chief executive officer, by whatever name called, who, notwithstanding any other law, shall \u2014 (a) be appointed by the board after consultation with the responsible Minister or official member; and (b) be a non-voting member of the board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Advertising for a chief executive officer 25. Where there is a vacancy or an impending vacancy in the position of a chief executive officer, a board shall \u2014 (a) prior to recruitment, inform the Minister or Official Member who has responsibility for the public authority of the vacancy; (b) before advertising the vacancy, prepare a job description which shall set out the duties and responsibilities of the post, the attributes and skills required for the position and the remuneration for the post; (c) submit the job description to the Portfolio of the Civil Service which shall evaluate the job description using the same job evaluation scheme used for the civil service and allocate a salary range for the post; (d) operate an open and fair appointment process; and (e) publicly advertise in any media the vacancy in such manner as enables suitably qualified persons to apply for the position and \u2014 (i) the advertisements shall include \u2014 (A) a summary of the duties, the skills and attributes required of applicants, (B) the salary range, including any performance bonuses; (C) the conditions of service; Public Authorities Law (2020 Revision) (D) the information to be provided by applicants; (E) the authority to which applications are to be submitted; and (F) the closing date and time of applications; and (ii) the period between the date of the first advertisement and the closing date for applications shall be no less than fourteen days.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Interviewing for the selection of a chief executive officer 26. (1) Where an interview panel compiles a shortlist for a chief executive officer and a Caymanian and a non-Caymanian are found to rank broadly at the same level, the Caymanian shall be given preference for the short list. (2) A shortlist shall contain a minimum of two applicants. (3) An interview panel shall include the Chief Officer of the Ministry or Portfolio concerned or the appointed representative of the Chief Officer. (4) A board, when establishing an interview panel, shall ensure that the panel consists of not less than three and no more than five persons who \u2014 (a) have an understanding of the duties, skills and attributes of the position; (b) have no conflict of interest; and (c) are able to act in an independent and unbiased manner in relation to the appointment concerned. (5) An interview panel shall be chaired by the chairperson of the relevant board or the nominee of the chairperson and assisted by a human resource professional. (6) An interview panel shall use a comparable interviewing approach for each applicant interviewed by it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Appointment of a chief executive officer 27. (1) A board shall appoint the applicant who, in its opinion, has the best skills, knowledge and integrity to carry out the duties of a chief executive officer required in a highly competent manner and the appointment shall be made solely on the basis of the best mix of qualifications, skills, knowledge and experience for the position. (2) Where two or more persons are ranked broadly similarly on the basis of merit and one of those persons is a Caymanian, the Caymanian shall be given preference for the post. (3) Before making an appointment, a board shall consult with the Minister or Official Member responsible for the public authority. (4) Before making the appointment, a board shall \u2014 (a) undertake a background check on the appointee in addition to any references obtained; Public Authorities Law (2020 Revision) (b) obtain from the appointee a medical certificate from a registered medical doctor indicating that the appointee\u2019s physical and mental condition is satisfactory for the position; and (c) enter into an employment agreement with the appointee which shall contain, a specific remuneration level and other terms and conditions of employment; (5) A board shall, within seven days of the appointment of a chief executive officer, advise all unsuccessful applicants in writing that the post has been filled.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Terms and conditions and remuneration of chief executive officer 28. (1) Subject to subsections (2), (3) and (4), a chief executive officer may be appointed on an open ended or fixed term contract for such period and on such terms and conditions as shall be determined by the board after it has consulted with the Minister or Official Member and Chief Officer responsible for the public authority. (2) In establishing the terms and conditions and remuneration of a chief executive officer, a board shall take into consideration the terms and conditions and remuneration of positions with relevant comparable managerial and technical responsibility in the private sector, the public service and the civil service and shall ensure that the terms and conditions and remuneration are consistent with those positions. (3) Where a chief executive officer\u2019s duties and responsibilities are similar to those of an existing or recently recruited position in the civil service, the remuneration of the chief executive officer shall be at a similar level to that applying to the civil service position. (4) Subject to subsections (2) and (3), the remuneration of a chief executive officer shall be at a level agreed between the chief executive officer and the board; and the board shall consult with the Minister or Official Member and Chief Officer responsible for the public authority prior to entering into such agreement. (5) When making comparisons as provided in subsection (2), a board shall take into account the value of non-contributory pension and health benefits of civil servants.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Conflicts of interest of a chief executive officer 29. (1) A chief executive officer shall, prior to assuming the functions of office, make a declaration to the board of that person\u2019s interests. (2) Where a chief executive officer has any actual or potential personal or commercial financial interest, either directly or indirectly, in a transaction or decision being considered by the board, the chief executive officer shall disclose the nature of the interest at a meeting of the board as soon as possible after the relevant circumstances have come to that person\u2019s knowledge. Public Authorities Law (2020 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Discipline or dismissal of a chief executive officer 30. (1) A board may discipline or dismiss a chief executive officer but may do so only on the basis of \u2014 (a) the chief executive officer being found to have committed serious or gross misconduct; or (b) the inadequate performance of the chief executive officer over a reasonable period of time, provided that the board has given the chief executive officer adequate opportunity to improve that person\u2019s performance to the required level. (2) A board shall determine inadequate performance by evaluating two or more consecutive performance agreements of the chief executive officer. (3) A chairperson shall consult with the relevant Minister or Official Member prior to dismissing the chief executive officer. (4) A board may require a chief executive officer to take early retirement where the chief executive officer has a permanent physical or mental disability which prevents the chief executive officer from performing the required duties and such disability is certified by the Chief Medical Officer of the Health Services Authority, after an assessment of the chief executive officer has been made by a medical board convened by the Chief Medical Officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Responsibilities of chief executive officer 31. (1) A chief executive officer shall be accountable to a board in the management of a public authority. (2) A chief executive officer shall be responsible for \u2014 (a) the delivery of outcomes as specified by the board; (b) the achievement of the ownership performance, and, where relevant, output delivery performance agreed by the board with the Cabinet shall be set out in budget documents required under section 35; (c) the day-to-day management of the public authority including \u2014 (i) the hiring, management and dismissal of staff, and other personnel management functions; (ii) the assignment of duties to staff of the public authority as the chief executive officer sees fit, subject to job descriptions relevant to the staff; (iii) output production and delivery management; and (iv) strategic and financial management; (d) implementing decisions of the board; (e) providing written and verbal technical advice and guidance to the board on matters of policy and strategic direction; Public Authorities Law (2020 Revision) (f) the preparation of the draft budget, ownership agreement and purchase agreement, where applicable, for consideration by the board; (g) procurement in accordance with the policy framework established by the board and the Government\u2019s procurement legislation and policies; (h) the preparation of financial statements and presentation of annual audited statements to the board in accordance with the Public Management and Finance Law (2020 Revision); (i) the submission of the Annual Report in the prescribed form to the relevant Ministry or Portfolio as soon as approved by the board; and (j) any other responsibilities as provided in writing by the board. (3) In the event of the absence, or inability to act, of the chief executive officer, the board may appoint an acting chief executive officer to discharge the chief executive officer\u2019s duties during the period of that person\u2019s absence or inability.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Power of chief executive officer to delegate 32. (1) A chief executive officer may delegate any of the responsibilities under section 31(2) to a staff member in accordance with this section. (2) Unless the terms and conditions of the delegation otherwise provide, a person to whom duties or powers are delegated by a chief executive officer under this section shall not sub-delegate those duties or powers to another staff member. (3) Subject to subsection (2), a delegation under this section may be made to a specified person or persons of a specified group or to the holder or holders for the time being of a specified office or offices, and various powers may respectively be delegated to different persons. (4) A delegation under this section \u2014 (a) shall be in writing; (b) may be made on such terms and conditions as the chief executive officer delegating or sub-delegating thinks fit; and (c) may be revoked at any time by written notice from the chief executive officer. (5) Except to the extent that the terms and conditions of the delegation otherwise provide, a delegate under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on the delegate directly and not by delegation. (6) No delegation under this section shall affect or prevent the exercise of any of the powers of the chief executive officer nor shall any such delegation affect the responsibility of that chief executive officer for the actions of the delegate, and once a decision is made, it shall, for all purposes, be as good as having been made by the chief executive officer. Public Authorities Law (2020 Revision) (7) A delegation under this section, until revoked, continues in force, notwithstanding that the chief executive officer has ceased to hold office as such, and shall continue to have effect as if made by the successor of the chief executive officer but without limiting the authorities conferred on the successor by or under this Law PART 5 \u2013 PUBLIC AUTHORITY FINANCIAL MANAGEMENT REQUIREMENTS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"General application 33. Notwithstanding any other law, the provisions of Part V of the Public Management and Finance Law (2020 Revision) shall apply to all public authorities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Financial year 34. The financial year of all public authorities shall be the financial year established by the Public Management and Finance Law (2020 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Budget documents 35. Notwithstanding any other law, the budget documents of a public authority shall include an ownership agreement, and, where relevant, a purchase agreement, prepared in accordance with the Public Management and Finance Law (2020 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Capital charge 36. (1) A public authority shall pay to the Government for each financial year a capital charge for the use of the equity invested by the Government in the entity. (2) The public authority shall pay the capital charge on 31st July and 31st January in each year. (3) The amount of the capital charge to be paid by a public authority shall be the amount arrived at by applying the capital charge rate determined by the Minister of Finance to the net worth of the public authority reported in the balance sheet of the public authority. (4) The Minister of Finance, after consultation with the board in writing, shall set annually the capital charge rate for each individual public authority prior to the commencement of the detailed planning and budgeting phase of the budget process provided in section 19 of the Public Management and Finance Law (2020 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Borrowing 37. Subject to the provisions of any other law, a public authority may not borrow without the approval of the Cabinet. Public Authorities Law (2020 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Issuing of capital 38. A public authority may not issue additional capital including, where applicable, shares, to any person or entity without the approval of Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Investing and reserves 39. (1) If a public authority is a financial institution it shall maintain reserves at the specified levels set by the body which regulates it. (2) Where a public authority has surplus cash reserves for a period of more than ninety days, the surplus shall be paid to core government unless otherwise directed by Cabinet, after consultation with the board in writing. (3) A public authority shall pay dividends in accordance with the formulae established by the Minister of Finance after consultation with the board in writing, unless otherwise directed by Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Compliance with generally accepted accounting practice 40. All financial information provided by public authorities to the Government or the Legislative Assembly shall be prepared on an accrual accounting basis and shall comply with the generally accepted accounting practice provided by the Public Management and Finance Law (2020 Revision). PART 6 \u2013 PUBLIC AUTHORITY PERSONNEL MANAGEMENT REQUIREMENTS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Open and fair processes in personnel management decisions 41. (1) A public authority shall make all personnel management decisions without patronage, favouritism or consideration of political factors and, pursuant thereto a public authority shall ensure that open and fair processes apply to all \u2014 (a) appointments; (b) promotions; (c) remunerations; (d) discipline; (e) dismissal; and (f) any other personnel management decisions. (2) All public authorities shall prepare and act pursuant to a human resource policy and procedural manual; and such manual shall be in compliance with this Law and approved by the board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Recruitment and appointment of staff of a public authority 42. (1) A public authority \u2014 Public Authorities Law (2020 Revision) (a) shall operate an open and fair appointment process for all staff; (b) shall notify a vacant position in such manner as enables suitably qualified persons to apply for the position; and (c) may, if necessary, publicly advertise in local or international media or both, a vacant position in such manner as would enable suitably qualified persons to apply for the vacant position. (2) All advertisements shall include a summary of the duties, the qualifications, the skills and attributes required of applicants, the remuneration range, the information to be provided by applicants, the authority to which applications are to be submitted, and the closing date and time of applications. (3) The period between the publication of the advertisement and the closing date for applications shall be no less than fourteen days. (4) Before advertising a vacancy, the chief executive officer or the designate of the chief executive officer shall establish \u2014 (a) the duties and responsibilities of the post; (b) the attributes and skills required for the post; and (c) the salary range within an established salary grade. (5) A chief executive officer shall, when compiling a shortlist, give preference to a Caymanian applicant where the Caymanian and a non-Caymanian are found to rank broadly at the same level. (6) When establishing an interview panel, a chief executive officer shall ensure that the panel consists of no less than three persons who \u2014 (a) have an understanding of the duties, skills and attributes of the position; (b) have no conflict of interest; and (c) are able to act in an independent and unbiased manner in relation to the appointment concerned. (7) A chief executive officer, or a staff member to whom the chief executive officer has delegated the function of appointing other staff, shall, after considering the report of the interview panel, appoint the applicant who, in the opinion of the chief executive officer, has the best skills, knowledge and integrity to carry out the duties required in a highly competent manner and the appointment shall be made solely on the basis of merit. (8) Where two or more persons are ranked broadly similarly on the basis of merit, a chief executive officer shall give preference to the Caymanian. (9) For the purposes of subsections (7) and (8), \u201cmerit\u2019 means the best mix of qualifications, skills, knowledge and experience for the position. Public Authorities Law (2020 Revision) (10) A chief executive officer shall, before making an appointment, undertake a background check on the appointee relevant to the duties of the position and which shall be in addition to any references.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Conflicts of interest of senior staff 43. (1) All senior staff shall, prior to assuming the function of their office, make a declaration to the Commission of Standards in Public Life in accordance with the Standards in Public Life Law, 2014 [Law 3 of 2014]*. (2) Where a member of the senior staff has any actual or potential personal or commercial financial interest, either directly or indirectly, in a transaction or decision being considered by a board, the staff member shall disclose the nature of the interest to the chief executive officer as soon as possible after the relevant circumstances have come to the staff member\u2019s knowledge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Good employer obligations 44. (1) A public authority shall ensure that it acts as a good employer at all times. (2) For the purposes of subsection (1), a \u201cgood employer\u201d is an employer which operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including \u2014 (a) good and safe working conditions; (b) the impartial selection of suitably qualified persons for appointment; (c) recognition of the need for involvement of Caymanians in all aspects of the public service; (d) opportunities for the enhancement of the abilities of individual employees; (e) recognition of the employment requirements of persons with disabilities; and (f) appropriate employment policies and procedures.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Public Service Values 45. A public authority shall uphold and promote Public Service Values as detailed in the Public Service Management Law (2018 Revision) and the management systems and operations of public authorities shall reflect those values.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Public Servant\u2019s Code of Conduct 46. (1) An employee of a public authority is part of the public service and, during the course of that person\u2019s employment by a public authority, shall comply with any Public Servant\u2019s Code of Conduct as detailed in the Public Service Management Law (2018 Revision). (2) An employee who fails to comply with the Public Servant\u2019s Code of Conduct in a significant way as determined by the chief executive officer may be Public Authorities Law (2020 Revision) disciplined or dismissed by the chief executive officer or by a member of staff of the public authority delegated to do so by the chief executive officer. (3) The Public Servant\u2019s Code of Conduct shall form part of every employee\u2019s employment agreement.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Terms and conditions and remuneration of staff 47. (1) All public authorities shall use the same salary scale as determined by Cabinet and all jobs shall be evaluated by the same job evaluation methodology. (2) Subject to section 58, after the date of the commencement of this Law where there is a difference between the terms and conditions of employment at a public authority and the public service the salary grades for remuneration in the public authority shall be adjusted accordingly to reduce such differences. (3) A public authority, in order to reduce differences in the terms and conditions of employment in accordance with subsection (2), may \u2014 (a) provide for employee contribution to health insurance and pensions; (b) provide different types of allowances; and (c) change working hours, leave entitlements and retirement benefits. (4) Subject to subsections (5) and (6), staff may be appointed for such period and on such terms and conditions as shall be determined by the public authority. (5) Subject to subsection (6), the remuneration of a staff member shall be at a level agreed between the staff member and the public authority. (6) In establishing the terms and conditions and remuneration of a staff member, a public authority shall \u2014 (a) take into consideration the terms and conditions and remuneration of positions with comparable managerial and technical responsibility in both the civil service and in the private sector; and (b) ensure that the terms and conditions and remuneration are consistent with those positions mentioned in paragraph (a); (c) where the chief executive officer establishes to the satisfaction of the relevant board that the salary range for a post is not adequate to attract the best person for the post, the chairperson, after consultation with the relevant chief officer, may increase the salary in an individual case by taking into account market rates; and (d) where the board finds that the salary range for the post of chief executive officer is not adequate to attract the best person for the post of chief executive officer, the board, after consultation with the Minister and the chief officer, may increase the salary in an individual case by taking into account market rates. Public Authorities Law (2020 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Salary increases 48. (1) A public authority shall not award cost of living adjustments for staff of a public authority unless permitted to do so by the Cabinet. (2) Subsection (1) does not apply to individual salary changes. (3) Any cost of living adjustment made by a public authority shall be calculated by the Economics and Statistics Office. (4) A public authority shall not introduce a bonus or performance payment scheme for staff of the public authority unless the public authority is permitted to do so by the Cabinet. PART 7 - RESPONSIBILITIES OF CABINET AND CHIEF OFFICERS IN RELATION TO PUBLIC AUTHORITIES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Role of the Cabinet 49. The role of the Cabinet in relation to public authorities is to \u2014 (a) exercise, on the public\u2019s behalf, the duties and functions of the owner, or where relevant, shareholder of the public authority; (b) where appropriate, directly intervene in the operation of the public authority where it is in the public interest to do so, by giving general and lawful directions in written form as to the policy to be followed by the public authority in the performance of its duties and functions; (c) order an investigation pursuant to section 56(2) into the public authority\u2019s compliance with this Law; (d) extend policy that applies to the civil service to the public authorities as and when necessary to ensure good governance and best human resource practice; and (e) to allow the Minister responsible for the public authority to directly issue strategic policy directions in writing to the chairperson of the board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Duties of Cabinet 50. The duties of the Cabinet, in relation to a public authority, shall be to \u2014 (a) appoint board members in accordance with the provisions of Part 3; (b) agree the ownership performance required of the public authority with the board of the public authority and to monitor the achievement of that performance in accordance with the provisions of the Public Management and Finance Law (2020 Revision); (c) where relevant, agree the outputs to be delivered by a public authority and funded by the Cabinet with the board and monitor the delivery of those Public Authorities Law (2020 Revision) outputs in accordance with the provisions of the Public Management and Finance Law (2020 Revision); (d) determine a public authority\u2019s purpose in the relevant legislation and review such purpose as and when necessary; and (e) give the Chief Officer of the relevant Ministry oversight of the public authority, and power to act as liaison officer for the board, the Chief Executive Officer and the responsible Minister or Official Member.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Duties of the Chief Officer 51. The duties of a Chief Officer in relation to a public authority are \u2014 (a) to monitor monthly the purchase and ownership agreement of a public authority to ensure that the public authority is complying with those agreements; (b) to ensure that the reports and financial statements of a public authority are presented to the Legislative Assembly in the prescribed format and in accordance with the prescribed timetable; and (c) to ensure that a public authority identifies measurement criteria to be adopted and the reporting requirements to identify the delivery or nondelivery of the outcomes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Ownership arrangements 52. (1) In this section \u201ccapital\u201d means any instrument of equity or ownership capital including shares, issued capital or notional capital structures. (2) All capital held in a public authority by the Government shall be held in the name \u201cthe Government of the Cayman Islands\u201d. (3) All the rights and powers attaching to the capital held by the Government, including the power of sale or disposition, may be exercised on behalf of the Government by a Minister or official member appointed for the purpose by the Cabinet. (4) The Minister or official member may sell or otherwise dispose of capital only if the Minister or official member is authorised to do so by the Cabinet and by a resolution of the Legislative Assembly. (5) The provisions of this section shall apply notwithstanding any other law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Funding of outputs 53. Notwithstanding any other law, if the Cabinet requires that a public authority provide any outputs to any person at a price that is less than the full cost of producing those outputs, the Cabinet shall purchase those outputs, or contribute to the purchase of those outputs, in accordance with the provisions of the Public Management and Finance Law (2020 Revision). Public Authorities Law (2020 Revision) PART 8 - MISCELLANEOUS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Liability of employees 54. (1) An employee of a public authority shall not be liable in damages for anything done or omitted in the discharge of that employee\u2019s functions or duties unless it is shown that the act or omission was negligent or in bad faith. (2) Notwithstanding subsection (1), where the function or duty exercised is, where applicable, regulatory, monetary, co-operative or advisory, the provision relating to negligence shall not apply.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Application of the Labour Law, Immigration Law, National Pensions Law and Health Insurance Law to public authorities 55. The Labour Law (2011 Revision), Immigration Transition Law, 2018 [Law 33 of 2018], the National Pensions Law (2012 Revision) and the Health Insurance Law (2018 Revision) shall apply to all public authorities except where there is a conflict with this Law, in which case the provisions of this Law shall apply.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Monitoring compliance of public authorities 56. (1) The Chief Officer in the relevant Ministry or Portfolio is responsible for the implementation of this Law in the public authority that falls under the direction of that Ministry or Portfolio. (2) The Cabinet may request a Ministry or Portfolio to undertake a review, investigation or audit of the financial management, personnel management or governance practices of a public authority to establish the extent of the public authority\u2019s compliance with the requirements of this Law. (3) For the purposes of undertaking a review, investigation or audit of the financial management, personnel management or governance practices of a public authority, a Ministry or Portfolio requested by Cabinet to undertake such reviews, investigations or audits may request information concerning such matters from public authorities, and the public authorities concerned shall accede to such requests. (4) The Government\u2019s Internal Audit Unit and the Human Resources Audit Unit Service shall regularly monitor the compliance of a public authority with this Law and all laws which relate to the public authority; and those Units shall carry out special investigations of public authorities in such circumstances and in accordance with such procedures as may be prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Whistleblowers 57. The Whistleblower Protection Law, 2015 [Law 22 of 2015] shall apply for the purposes of this Law. Public Authorities Law (2020 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Transitional Provisions 58. The following transitional provisions shall apply to persons who are employees of a public authority at the date of the commencement of the Public Authorities Law, 2017 [Law 21 of 2017] \u2014 (a) notwithstanding section 28, if the terms and conditions or remuneration of a chief executive officer at the commencement of the Public Authorities Law, 2017 [Law 21 of 2017] are more generous than the terms and conditions or remuneration that would have been established if section 28 had applied, the existing terms and conditions or remuneration shall continue to apply to that chief executive officer; and (b) notwithstanding section 47, if the terms and conditions or remuneration of a staff member at the commencement of the Public Authorities Law, 2017 [Law 21 of 2017] are more generous than the terms and conditions or remuneration that would have been established if section 47 had applied, the existing terms and conditions or remuneration shall continue to apply to that staff member.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Regulations 59. The Cabinet may make regulations to prescribe for all matters that are required to be prescribed by this Law or are necessary to give effect to this Law. Publication in consolidated and revised form authorised by the Cabinet this 7th day of January, 2020. Kim Bullings Clerk of the Cabinet Public Authorities Law (2020 Revision) ENDNOTES ENDNOTES Table of Legislation History: *Notes (not forming part of this Law): The Standards in Public Life Law, 2014 [Law 3 of 2014] was not in force as at 31st December, 2019. SL # Law # Legislation Commencement Gazette 19\/2018 Public Authorities Law, 2017 (Commencement) (Amendment) Order, 2018 30-May-2018 GE42\/2018\/s1 20\/2018 Public Authorities (Amendment) Law, 2018 13-Aug-2018 G17\/2018\/s18 55\/2017 Public Authorities Law, 2017 (Commencement) Order, 31-May-2017 GE45\/2017\/s41 21\/2017 Public Authorities Law, 2017 1-Jun-2019 G10\/2017\/s1 Notes (not forming part of this Law): * The Standards in Public Life Law, 2014 [Law 3 of 2014] was not in force as at 31st December, 2019. ENDNOTES Public Authorities Law (2020 Revision) Public Authorities Law (2020 Revision) ENDNOTES ENDNOTES Public Authorities Law (2020 Revision) (Price: $7.20)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2020_01_16\", \"date\": \"2020-01-16\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror 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Revision Law (1999 Revision).\n\nOriginally enacted \u2014\nLaw 21 of 2017-27th March, 2017\nLaw 20 of 2018-29th June, 2018.\n\nConsolidated and revised this 31st day of December, 2019.\n\nPublic Authorities Law (2020 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2019\nPage 3\n\nCAYMAN ISLANDS\n\nPUBLIC AUTHORITIES LAW\n(2020 Revision)\nArrangement of Sections\nSection\nPage\nPART 1- INTRODUCTORY\n1.\nShort title ...................................................................................................................................... 7\n2.\nInterpretation ................................................................................................................................ 7\n3.\nInterpreting inconsistencies with other laws ................................................................................. 9\n4.\nPurpose of Law ........................................................................................................................... 10\nPART 2 - PURPOSE AND OBJECTIVES OF PUBLIC\nAUTHORITIES\n5.\nPurpose of public authorities ...................................................................................................... 10\n6.\nPublic authorities part of the public service ................................................................................ 10\n7.\nPrincipal objectives of public authorities ..................................................................................... 10\nPART 3 \u2013 APPOINTMENT, RESPONSIBILITIES AND\nPROCEDURES OF THE BOARDS OF PUBLIC AUTHORITIES\n8.\nRequirement to have a board ..................................................................................................... 11\n9.\nAppointment of board members ................................................................................................. 11\n10.\nMembers of the Legislative Assembly and Judiciary not to be board members ........................ 12\n11.\nTerm of appointment .................................................................................................................. 12\n12.\nAppointment to fill board vacancy ............................................................................................... 13\n13.\nRemuneration of board members ............................................................................................... 13\n14.\nNo board remuneration for civil servants .................................................................................... 13\n15.\nGeneral responsibilities .............................................................................................................. 13\n\nArrangement of Sections\nPublic Authorities Law (2020 Revision)\n\nPage 4\nRevised as at 31st December, 2019\nc\n\n16.\nSpecific responsibilities .............................................................................................................. 14\n17.\nMeetings of the board ................................................................................................................ 15\n18.\nRecording secretary ................................................................................................................... 16\n19.\nBoard minutes ............................................................................................................................ 16\n20.\nAuthentication of documents ...................................................................................................... 17\n21.\nDisclosure of interests ................................................................................................................ 17\n22.\nPower to establish own procedures ........................................................................................... 17\n23.\nNo personal liability except for negligence or bad faith .............................................................. 18\nPART 4 \u2013 APPOINTMENT AND RESPONSIBILITIES OF\nCHIEF EXECUTIVE OFFICERS OF PUBLIC AUTHORITIES\n24.\nRequirement for chief executive officer ...................................................................................... 18\n25.\nAdvertising for a chief executive officer ..................................................................................... 18\n26.\nInterviewing for the selection of a chief executive officer ........................................................... 19\n27.\nAppointment of a chief executive officer .................................................................................... 19\n28.\nTerms and conditions and remuneration of chief executive officer ............................................ 20\n29.\nConflicts of interest of a chief executive officer .......................................................................... 20\n30.\nDiscipline or dismissal of a chief executive officer ..................................................................... 21\n31.\nResponsibilities of chief executive officer .................................................................................. 21\n32.\nPower of chief executive officer to delegate .............................................................................. 22\nPART 5 \u2013 PUBLIC AUTHORITY FINANCIAL MANAGEMENT\nREQUIREMENTS\n33.\nGeneral application .................................................................................................................... 23\n34.\nFinancial year ............................................................................................................................. 23\n35.\nBudget documents ..................................................................................................................... 23\n36.\nCapital charge ............................................................................................................................ 23\n37.\nBorrowing ................................................................................................................................... 23\n38.\nIssuing of capital ........................................................................................................................ 24\n39.\nInvesting and reserves ............................................................................................................... 24\n40.\nCompliance with generally accepted accounting practice ......................................................... 24\nPART 6 \u2013 PUBLIC AUTHORITY PERSONNEL MANAGEMENT\nREQUIREMENTS\n41.\nOpen and fair processes in personnel management decisions ................................................. 24\n42.\nRecruitment and appointment of staff of a public authority ........................................................ 24\n43.\nConflicts of interest of senior staff .............................................................................................. 26\n44.\nGood employer obligations ........................................................................................................ 26\n45.\nPublic Service Values ................................................................................................................ 26\n46.\nPublic Servant\u2019s Code of Conduct ............................................................................................. 26\n47.\nTerms and conditions and remuneration of staff ........................................................................ 27\n48.\nSalary increases ........................................................................................................................ 28\n\nPublic Authorities Law (2020 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2019\nPage 5\n\nPART 7 - RESPONSIBILITIES OF CABINET AND CHIEF\nOFFICERS IN RELATION TO PUBLIC AUTHORITIES\n49.\nRole of the Cabinet ..................................................................................................................... 28\n50.\nDuties of Cabinet ........................................................................................................................ 28\n51.\nDuties of the Chief Officer .......................................................................................................... 29\n52.\nOwnership arrangements ........................................................................................................... 29\n53.\nFunding of outputs ...................................................................................................................... 29\nPART 8 - MISCELLANEOUS\n54.\nLiability of employees ................................................................................................................. 30\n55.\nApplication of the Labour Law, Immigration Law, National Pensions Law and Health\nInsurance Law to public authorities ............................................................................................ 30\n56.\nMonitoring compliance of public authorities................................................................................ 30\n57.\nWhistleblowers ........................................................................................................................... 30\n58.\nTransitional Provisions ............................................................................................................... 31\n59.\nRegulations ................................................................................................................................. 31\nENDNOTES\n33\nTable of Legislation History: ................................................................................................................. 33\n\nPublic Authorities Law (2020 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2019\nPage 7\n\nCAYMAN ISLANDS\n\nPUBLIC AUTHORITIES LAW\n(2020 Revision)\n\nPART 1- INTRODUCTORY\n1.\nShort title\n1.\nThis Law may be cited as the Public Authorities Law (2020 Revision).\n2.\nInterpretation\n2.\nIn this Law \u2014\n\u201cadvisory function\u201d includes the function to give advice, in accordance with\nthe Law which governs the authority, to the government and to such other\npersons to whom the authority is required to give advice by that Law;\n\u201casset\u201d means an item of economic value that is expected to yield a benefit to\nits owner in the future;\n\u201cboard\u201d means the board of a public authority established pursuant to section 8;\n\u201cboard member\u201d means member of a board appointed pursuant to section 9;\n\u201cborrowing\u201d means any borrowing of money or other receipt of credit, whether\nsecured or unsecured, and includes any hire purchase agreement or finance\nlease, but does not include the purchase of goods or services on credit for a\nperiod of ninety days or less;\n\u201ccapital charge\u201d means the cost to a public authority of borrowing money to\nbuy or improve the buildings, equipment, or other capital assets that it uses to\nproduce products or provide services;\n\nSection 2\nPublic Authorities Law (2020 Revision)\n\nPage 8\nRevised as at 31st December, 2019\nc\n\n\u201cCaymanian\u201d means a person who possesses Caymanian status under the\nImmigration Transition Law, 2018 [Law 33 of 2018] or any earlier law\nproviding for the same or similar rights and a person who acquired that status\nunder Part III of the repealed Immigration Law (2015 Revision);\n\u201cCayman Islands Monetary Authority\u201d means the Cayman Islands Monetary\nAuthority established under section 5 of the Monetary Authority Law (2020\nRevision);\n\u201cchief executive officer\u201d means the head of a public authority;\n\u201cchief officer\u201d means the person appointed as chief officer in a Ministry or\nPortfolio which has responsibility for a public authority;\n\u201ccivil servant\u201d means a person employed by an entity other than a public\nauthority and is a public officer as defined by the Constitution;\n\u201cco-operative function\u201d means the function of an authority to provide\nassistance to overseas regulatory authorities in accordance with the Law which\ngoverns the authority;\n\u201ccore government\u201d means the Legislative Assembly, the Cabinet, ministries,\nportfolios, the Office of the Ombudman and the Audit Office and includes the\nequity investment in statutory authorities and government companies;\n\u201cCurrency Reserve\u201d means the reserve established under section 32 of the\nMonetary Authority Law (2020 Revision);\n\u201centity\u201d means any body and includes a ministry, portfolio, statutory authority,\ngovernment company, the Office of the Ombudman and the Audit Office;\n\u201cfinancial year\u201d means such date as the Cabinet may determine;\n\u201cgovernment company\u201d means \u2014\n(a) a company in which the Government has a controlling interest; and\n(b) in respect of each such company, includes all subsidiary entities of the\ncompany;\n\u201cgross misconduct\u201d means misconduct that is of such a serious nature or\nmagnitude that, in the opinion of the appointing officer, the employee should be\ndismissed with immediate effect;\n\u201cmonetary functions\u201d, in relation to the Cayman Islands Monetary Authority,\nmean the functions \u2014\n(a) to issue and redeem currency notes and coins; and\n(b) to manage the Currency Reserve\n\u201coutputs\u201d means the goods or services that are produced by an entity or other\nperson;\n\u201cownership agreement\u201d means an agreement which specifies the ownership\nperformance to be achieved by a public authority and which is prepared in\n\nPublic Authorities Law (2020 Revision)\nSection 3\n\nc\nRevised as at 31st December, 2019\nPage 9\n\naccordance with section 50 of the Public Management and Finance Law (2020\nRevision);\n\u201cownership performance\u201d means, in relation to an entity, the performance that\nan ordinary person who was the owner of that entity would expect of that entity;\n\u201cpublic authority\u201d means a statutory authority or government company;\n\u201cpublic servant\u201d means a person employed by a public authority and is a public\nofficer as defined by the Constitution;\n\u201cpublic service\u201d means Ministries, Portfolios, the Judiciary, the Legislative\nAssembly, agencies reporting directly to the Legislative Assembly,\nGovernmental committees, statutory authorities and government companies;\n\u201cpurchase agreement\u201d means an agreement which specifies all the outputs the\nCabinet intends to purchase from a public authority and which is prepared in\naccordance with section 49 of the Public Management and Finance Law (2020\nRevision);\n\u201cregulatory function\u201d \u2014\n(a) includes the function to regulate and supervise persons in accordance with\n\nthe Law which governs the authority; or\n(b) has the meaning assigned by the Law which governs the authority;\n\u201cremuneration\u201d means salary, wages, allowances and any benefits received by\na person as a result of that person\u2019s employment;\n\u201csenior staff\u201d means \u2014\n(a) chief financial officers and deputy chief financial officers of public\nauthorities; and\n(b) heads of departments, sections or units of public authorities and their\ndeputies;\n\u201cserious misconduct\u201d means misconduct that is serious in nature or magnitude\nbut is not so severe as to be gross misconduct; and\n\u201cstatutory authority\u201d means an entity established by a law to carry out\nfunctions which are capable under that law, of being funded, partly or entirely,\nby money provided by the Cabinet, and for which the Governor or the Cabinet\nhas the power to appoint or dismiss the majority of the board or other governing\nbody.\n3.\nInterpreting inconsistencies with other laws\n3.\nIn the event of any inconsistency between the provisions of this Law and the operation\nof any other law, the provisions of this Law shall prevail to the extent of the\ninconsistency.\n\nSection 4\nPublic Authorities Law (2020 Revision)\n\nPage 10\nRevised as at 31st December, 2019\nc\n\n4.\nPurpose of Law\n4.\n(1) The purpose of this Law is to provide uniform regulation of the management\nand governance of public authorities.\n(2) Nothing in this Law shall be construed as affecting the principal functions of\nany public authority and shall not affect the independent regulatory decision\nmaking process with regard to the issue or suspension of licenses, and any other\nregulatory decision.\nPART 2 - PURPOSE AND OBJECTIVES OF PUBLIC\nAUTHORITIES\n5.\nPurpose of public authorities\n5.\nThe purpose of a public authority is to help the Government to achieve its policy\nobjectives when those objectives are more effectively accomplished through the use\nof separate legal entities rather than through the civil service.\n6.\nPublic authorities part of the public service\n6.\nPublic authorities are not part of the civil service but are part of the public service\nand, as such, shall operate in a manner which best serves the public interest.\n7.\nPrincipal objectives of public authorities\n7.\n(1) The principal objectives of a public authority are to \u2014\n(a) deliver the outcomes specified by Cabinet;\n(b) supply outputs that the Cabinet has agreed that it will purchase from the\npublic authority;\n(c) supply outputs to entities or individuals other than the Cabinet for payment\non a break-even basis or preferably at a profit, and in accordance with\nagreements with those entities or individuals; and\n(d) achieve the ownership performance that it has agreed with the Cabinet that\nit will achieve during a year.\n(2) It is the duty of a public authority to conduct its affairs in a responsible financial\nmanner and accordingly, a public authority shall operate as a profitable and\nefficient business and contribute to the revenue of core government or, at least,\nbreak even in its operations.\n\nPublic Authorities Law (2020 Revision)\nSection 8\n\nc\nRevised as at 31st December, 2019\nPage 11\n\nPART 3 \u2013 APPOINTMENT, RESPONSIBILITIES AND\nPROCEDURES OF THE BOARDS OF PUBLIC AUTHORITIES\n8.\nRequirement to have a board\n8.\n(1) Notwithstanding any other law, a public authority shall have a board, by\nwhatever name called, consisting of a chairperson and not less than four other\nmembers.\n(2) A board shall be responsible for the governance of the public authority,\nincluding the general administration and oversight of its affairs and business, in\naccordance with the provisions of this Law and any other law.\n9.\nAppointment of board members\n9.\n(1) Notwithstanding the provisions of any other law \u2014\n(a) board members of a public authority shall be appointed by the Cabinet;\n(b) all new board members shall undertake an orientation session and training\nprovided by the public authority to which they have been appointed as\nsoon as practicable after their appointment; and\n(c) one of the appointed board members shall be appointed by the Cabinet to\nbe the chairperson of the board.\n(2) A letter of appointment of a board member shall set out \u2014\n(a) the terms and conditions of the appointment;\n(b) the policies and procedures relating to public authorities; and\n(c) the duties and responsibilities of the public authority to which the member\nis appointed.\n(3) The Cabinet shall cause a notice of the appointment of board members to be\npublished in the Gazette.\n(4) Notwithstanding the provisions of any other law, prior to appointing any person\nto be a board member, the Cabinet shall satisfy itself that \u2014\n(a) the person has the skills, knowledge, and integrity to carry out the duties\nrequired in a highly competent and politically neutral manner; and\n(b) the person has no financial or other interest likely to prejudicially affect\nthe exercise of that person\u2019s functions as a board member,\nand the Cabinet shall require a person it proposes to appoint to give a full\ndisclosure of that person\u2019s interests to establish that no conflict of interest exists\nas required by the Standards in Public Life Law, 2014 [Law 3 of 2014]* and the\nAnti-Corruption Law (2019 Revision).\n(5) When appointing board members, the Cabinet shall ensure that, among them,\nthe board members have adequate knowledge, experience and understanding of\nthe following areas \u2014\n\nSection 10\nPublic Authorities Law (2020 Revision)\n\nPage 12\nRevised as at 31st December, 2019\nc\n\n(a) corporate governance;\n(b) strategic and financial management; and\n(c) the scope of business, outputs and operations of the public authority\nconcerned.\n(6) The Cabinet may appoint a public or civil servant to a board however \u2014\n(a) notwithstanding any other law, the membership of a board shall not be\ncomprised of more than forty percent public or civil servants;\n(b) the chairperson shall not be a public or civil servant; and\n(c) public or civil servant board members shall not be entitled to vote.\n10.\nMembers of the Legislative Assembly and Judiciary not to be board\nmembers\n10. Notwithstanding section 9 and any other law, a member of the Legislative Assembly\nor the Judiciary, or a bankrupt, shall not be eligible for appointment as a board\nmember.\n11.\nTerm of appointment\n11. (1) Board members shall hold and vacate office in accordance with the terms of\ntheir appointment, subject to subsections (2) to (4) and the provisions of any\nother relevant Law.\n(2) Board members shall serve for a term specified by the Cabinet, however, to\nensure continuity of a board, no more than two-thirds of the board members\nshall be replaced at any one time unless special circumstances arise.\n(3) A board member may, at any time, by notice in writing addressed to the relevant\nMinister or Official member, resign office.\n(4) The Cabinet may terminate a person\u2019s appointment as a board member at any\ntime if it is satisfied that \u2014\n(a) the member is not fulfilling the mandate of the public authority set by\nCabinet;\n(b) the member has, in the opinion of the Cabinet, an unacceptable conflict of\ninterest;\n(c) the member\u2019s conduct is detrimental to the effective governance of the\nboard;\n(d) the member has been absent from three consecutive meetings of the board\nwithout the consent of the chairperson of the board;\n(e) the member\u2019s conduct brings the public authority into disrepute;\n(f)\nthe member becomes bankrupt; or\n(g) the member is convicted of an offence for which that member is sentenced\nby a court to a term of imprisonment.\n\nPublic Authorities Law (2020 Revision)\nSection 12\n\nc\nRevised as at 31st December, 2019\nPage 13\n\n12.\nAppointment to fill board vacancy\n12. Where a board member ceases to be a board member before the expiration date of\nthat person\u2019s appointment, the Cabinet may appoint another person to hold that office\nfor a term specified by Cabinet.\n13.\nRemuneration of board members\n13. (1) Subject to section 14, board members shall be paid such remuneration which\nmay include salaries, fees or other benefits, and such reasonable allowances in\nrespect of expenses properly incurred by them in the performance of their duties,\nas the Cabinet shall determine.\n(2) The remuneration and expense allowances set by the Cabinet in accordance with\nsubsection (1) shall not exceed any limits set by the Governor in accordance\nwith section 18 of the Public Service Management Law (2018 Revision).\n(3) The remuneration and expense allowances of all board members shall be\npublished by notice in such media as the Cabinet determines.\n(4) An appointment letter from the Cabinet shall set out all of the remuneration to\nbe paid to the board member for the duration of the member\u2019s appointment.\n(5) Any remuneration or allowances paid to a board member shall be an expense of\nthe relevant public authority.\n14.\nNo board remuneration for civil servants\n14. A board member who is a public or civil servant appointed in accordance with\nsection 9(6) shall not be entitled to any remuneration but is entitled to claim travel\nand subsistence expenses in accordance with the policy of the public authority.\n15.\nGeneral responsibilities\n15. A board shall be responsible for the performance of the public authority, including\nthe performance of all of its subsidiary entities and shall ensure that the public\nauthority \u2014\n(a) delivers the outputs specified in the purchase agreement of the authority\nprepared in accordance with the Public Management and Finance Law\n(2020 Revision);\n(b) achieves the ownership performance specified in the ownership agreement\nof the public authority prepared in accordance with the Public\nManagement and Finance Law (2020 Revision);\n(c) complies with this Law and all other laws that are relevant to a public\nauthority; and\n(d) acts with fiduciary responsibility, ensuring that no conflicts of interest\nexist and that the public authority acts in the public interest.\n\nSection 16\nPublic Authorities Law (2020 Revision)\n\nPage 14\nRevised as at 31st December, 2019\nc\n\n16.\nSpecific responsibilities\n16. A board shall have the following specific responsibilities \u2014\n(a) to exercise leadership, enterprise, integrity and good judgment in directing\na public authority so as to act in the best interest of the public authority,\nand in so doing, act in a manner based on transparency, accountability and\nresponsibility;\n(b) to determine the strategy to achieve the purpose of the public authority as\ndetermined by a strategic plan;\n(c) to implement the Public Service Values of the public authority in order to\nensure the survival and viability of the authority;\n(d) to ensure that procedures and practices are in place that protect the public\nauthority\u2019s assets and reputation;\n(e) to monitor and evaluate the implementation of strategies, policies,\nmanagement performance and business plans;\n(f)\nto ensure that the public authority complies with all relevant laws,\nregulations and codes of best practice;\n(g) to ensure that the public authority communicates openly, proactively and\ntransparently with chief officers, Ministers, Members of the Cabinet and\nother key stakeholders;\n(h) to ensure that all official communications between the public authority and\nChief Officers, Ministers and Members of the Cabinet are in writing;\n(i)\nto identify the public authority\u2019s internal and external stakeholders and to\nagree to a policy on how the authority should communicate with them;\n(j)\nto regularly review processes and procedures to ensure the effectiveness\nof the public authority\u2019s internal systems of control in order to ensure that\nits decision-making capability and the accuracy of its reporting and\nfinancial results are maintained at high levels at all times;\n(k) to regularly assess the board\u2019s own performance and effectiveness as a\nwhole, and that of individual members and the chief executive officer;\n(l)\nto appoint the chief executive officer and to ensure that there is adequate\ntraining for management and employees and a succession plan for senior\nmanagement;\n(m) to ensure that all technology and systems used in the public authority are\nadequate to properly operate the business of the authority;\n(n) to identify key risk areas and key performance indicators of the authority\u2019s\nperformance and to monitor these factors;\n(o) to ensure that audited financial statements are submitted to the relevant\nministry or portfolio in the timeframe specified in the Public Management\nand Finance Law (2020 Revision);\n\nPublic Authorities Law (2020 Revision)\nSection 17\n\nc\nRevised as at 31st December, 2019\nPage 15\n\n(p) to ensure there is a proper framework for procurement established by the\npublic authority that is in line with the Public Finance Management Law\n(2020 Revision) or any other procurement legislation; and\n(q) to comply with general and lawful written instructions of the Cabinet\nregarding the performance of its duties and functions.\n17.\nMeetings of the board\n17. (1) Subject to any other law, or where relevant, a public authority\u2019s articles of\nassociation, the following shall apply to meetings of a board \u2014\n(a) a board shall meet at least once every three months and at such other times\nas may be necessary or expedient for the governance of the public\nauthority; and such meetings shall be held at such place and time and on\nsuch days as the chairperson may from time to time determine;\n(b) a secretary of the board should circulate the agenda and accompanying\ndocuments for the board meeting to members at least five working days\nprior to the meeting or within such shorter period as the chairperson may\ndirect;\n(c) a chairperson shall call an extraordinary meeting of the board if requested\nto do so in writing by three board members, and such request shall include\na statement of the agenda proposed for the meeting;\n(d) if the chairperson refuses or neglects to convene a meeting of the board\nupon request, a meeting of the board may be convened by the board\nmembers making the request;\n(e) subject to paragraph (f), the chairperson shall preside at all meetings of a\nboard;\n(f)\nin the absence of a chairperson, the deputy chairperson, if there is one, or,\nin the absence of the deputy chairperson, a board member, who is entitled\nto vote and who is elected by the board members present, shall preside and\nperform the functions of the chairperson of the meeting provided there is\na quorum;\n(g) the quorum of a board shall be a simple majority of the board members\nwho are entitled to vote;\n(h) where a member has a conflict of interest and is required to recuse\nthemselves from the meeting, the quorum will be a simple majority of the\nother members;\n(i)\ndecisions of a board shall be determined by a simple majority of those\nboard members who are entitled to vote and who are present at the board\nmeeting, except that in the case of an equality of votes at any meeting, a\nchairperson at that meeting shall have a second or casting vote;\n\nSection 18\nPublic Authorities Law (2020 Revision)\n\nPage 16\nRevised as at 31st December, 2019\nc\n\n(j)\nwhere a chairperson has given that person\u2019s approval, a board member\nmay attend meetings via telephonic or electronic media; and\n(k) all board meetings shall be held in the Islands unless agreed otherwise by\nthe Minister responsible for the public authority.\n(2) Where there is a possible or perceived conflict of interest with respect to any\nmatter that comes up for discussion or decision by a board, the relevant board\nmember shall disclose the interest of that board member and \u2014\n(a) shall, as soon as the matter comes up on the agenda of the board,\nimmediately leave the place in which the deliberations are taking place and\nshall not participate, directly or indirectly, in the deliberations and shall\nnot return while the matter is under discussion until a decision has been\ntaken by the board; and\n(b) shall otherwise comply with laws and regulations which deal with conflicts\nof interest.\n(3) A declaration of a conflict of interest and the absence of the board member\nconcerned shall be recorded in the minutes of the meeting.\n(4) Where a conflict of interest arises in a matter where the board member has power\nto take a decision without approval or participation by the board, the board\nmember shall recuse themselves at the earliest opportunity and shall not express\nany opinion on the matter.\n18.\nRecording secretary\n18. (1) Notwithstanding any other law, a board may appoint a person, not being a board\nmember, to be the recording secretary of the board.\n(2) A recording secretary shall be responsible for preparing and distributing the\nagenda for board meetings and the taking of board minutes in accordance with\nsection 19.\n(3) The remuneration and expenses of a recording secretary shall be an expense of\nthe public authority except that, where the recording secretary is also a civil\nservant, the recording secretary shall not receive any remuneration or\nallowances and the entity which employs the recording secretary shall be\nreimbursed by the authority for the costs of providing the board with secretarial\nservices.\n19.\nBoard minutes\n19. (1) A recording secretary shall keep minutes of each meeting of a board in such\nform as the board determines; and the minutes shall be confirmed as soon as\npracticable at the next meeting of the board and signed by the chairperson or by\nany other person who presided at the meeting at which the minutes were taken.\n\nPublic Authorities Law (2020 Revision)\nSection 20\n\nc\nRevised as at 31st December, 2019\nPage 17\n\n(2) Subject to subsections (4) and (5), as soon as the minutes of a meeting have been\nconfirmed by a board in accordance with subsection (1) they shall be considered\na public document and a copy of the minutes shall be made available by the\npublic authority concerned to any person who makes a request for such minutes.\n(3) The public authority shall provide the chief officer of the responsible Ministry\nor Portfolio with a copy of the minutes no later than five working days after the\nminutes of a meeting have been confirmed by the board.\n(4) Where minutes contain regulatory decisions those decisions shall be redacted\nprior to being provided under subsections (2) and (3).\n(5) Minutes provided by the public authority under subsection (2) shall not contain\nthe following information \u2014\n(a) medical or other personal information;\n(b) commercially sensitive information; or\n(c) any other information which is exempt under the Freedom of Information\nLaw (2020 Revision).\n20.\nAuthentication of documents\n20. All documents issued by a public authority that are required by law to be issued under\nthe seal of the public authority, shall be signed by the chairperson, another board\nmember or an officer of the public authority authorised by the board to do so.\n21.\nDisclosure of interests\n21. (1) A board member, prior to assuming the functions of a board member shall make\na declaration of that person\u2019s interests in accordance with the Standards in\nPublic Life Law, 2014 [Law 3 of 2014]*.\n(2) Where a board member has any actual or potential personal or commercial\nfinancial interest, either directly or indirectly, in a transaction or decision being\nconsidered by the board, the member shall disclose the nature of that person\u2019s\ninterest at a meeting of the board as soon as possible after the relevant\ncircumstances have come to that person\u2019s knowledge.\n(3) A disclosure by a board member under this section shall be treated in accordance\nwith section 17(2).\n22.\nPower to establish own procedures\n22. Subject to sections 17 to 21 and the provisions of any other law, a board may establish\nits own meeting rules and procedures, and establish committees of the board, as it\nthinks fit.\n\nSection 23\nPublic Authorities Law (2020 Revision)\n\nPage 18\nRevised as at 31st December, 2019\nc\n\n23.\nNo personal liability except for negligence or bad faith\n23. (1) Subject to subsection (2), neither a board nor any board member shall be liable\nin damages for anything done or omitted in the discharge of their respective\nfunctions or duties unless it is shown that the act or omission was negligent or\nin bad faith.\n(2) Notwithstanding subsection (1), where the function or duty exercised is, where\napplicable, regulatory, monetary, co-operative or advisory, the provision\nrelating to negligence shall not apply.\nPART 4 \u2013 APPOINTMENT AND RESPONSIBILITIES OF CHIEF\nEXECUTIVE OFFICERS OF PUBLIC AUTHORITIES\n24.\nRequirement for chief executive officer\n24. A public authority shall have a chief executive officer, by whatever name called, who,\nnotwithstanding any other law, shall \u2014\n(a) be appointed by the board after consultation with the responsible Minister\nor official member; and\n(b) be a non-voting member of the board.\n25.\nAdvertising for a chief executive officer\n25. Where there is a vacancy or an impending vacancy in the position of a chief executive\nofficer, a board shall \u2014\n(a) prior to recruitment, inform the Minister or Official Member who has\nresponsibility for the public authority of the vacancy;\n(b) before advertising the vacancy, prepare a job description which shall set\nout the duties and responsibilities of the post, the attributes and skills\nrequired for the position and the remuneration for the post;\n(c) submit the job description to the Portfolio of the Civil Service which shall\nevaluate the job description using the same job evaluation scheme used for\nthe civil service and allocate a salary range for the post;\n(d) operate an open and fair appointment process; and\n(e) publicly advertise in any media the vacancy in such manner as enables\nsuitably qualified persons to apply for the position and \u2014\n(i)\nthe advertisements shall include \u2014\n(A) a summary of the duties, the skills and attributes required of\napplicants,\n(B) the salary range, including any performance bonuses;\n(C) the conditions of service;\n\nPublic Authorities Law (2020 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2019\nPage 19\n\n(D) the information to be provided by applicants;\n(E) the authority to which applications are to be submitted; and\n(F) the closing date and time of applications; and\n(ii) the period between the date of the first advertisement and the closing\ndate for applications shall be no less than fourteen days.\n26.\nInterviewing for the selection of a chief executive officer\n26. (1) Where an interview panel compiles a shortlist for a chief executive officer and\na Caymanian and a non-Caymanian are found to rank broadly at the same level,\nthe Caymanian shall be given preference for the short list.\n(2) A shortlist shall contain a minimum of two applicants.\n(3) An interview panel shall include the Chief Officer of the Ministry or Portfolio\nconcerned or the appointed representative of the Chief Officer.\n(4) A board, when establishing an interview panel, shall ensure that the panel\nconsists of not less than three and no more than five persons who \u2014\n(a) have an understanding of the duties, skills and attributes of the position;\n(b) have no conflict of interest; and\n(c) are able to act in an independent and unbiased manner in relation to the\nappointment concerned.\n(5) An interview panel shall be chaired by the chairperson of the relevant board or\nthe nominee of the chairperson and assisted by a human resource professional.\n(6) An interview panel shall use a comparable interviewing approach for each\napplicant interviewed by it.\n27.\nAppointment of a chief executive officer\n27. (1) A board shall appoint the applicant who, in its opinion, has the best skills,\nknowledge and integrity to carry out the duties of a chief executive officer\nrequired in a highly competent manner and the appointment shall be made solely\non the basis of the best mix of qualifications, skills, knowledge and experience\nfor the position.\n(2) Where two or more persons are ranked broadly similarly on the basis of merit\nand one of those persons is a Caymanian, the Caymanian shall be given\npreference for the post.\n(3) Before making an appointment, a board shall consult with the Minister or\nOfficial Member responsible for the public authority.\n(4) Before making the appointment, a board shall \u2014\n(a) undertake a background check on the appointee in addition to any\nreferences obtained;\n\nSection 28\nPublic Authorities Law (2020 Revision)\n\nPage 20\nRevised as at 31st December, 2019\nc\n\n(b) obtain from the appointee a medical certificate from a registered medical\ndoctor indicating that the appointee\u2019s physical and mental condition is\nsatisfactory for the position; and\n(c) enter into an employment agreement with the appointee which shall\ncontain, a specific remuneration level and other terms and conditions of\nemployment;\n(5) A board shall, within seven days of the appointment of a chief executive officer,\nadvise all unsuccessful applicants in writing that the post has been filled.\n28.\nTerms and conditions and remuneration of chief executive officer\n28. (1) Subject to subsections (2), (3) and (4), a chief executive officer may be\nappointed on an open ended or fixed term contract for such period and on such\nterms and conditions as shall be determined by the board after it has consulted\nwith the Minister or Official Member and Chief Officer responsible for the\npublic authority.\n(2) In establishing the terms and conditions and remuneration of a chief executive\nofficer, a board shall take into consideration the terms and conditions and\nremuneration of positions with relevant comparable managerial and technical\nresponsibility in the private sector, the public service and the civil service and\nshall ensure that the terms and conditions and remuneration are consistent with\nthose positions.\n(3) Where a chief executive officer\u2019s duties and responsibilities are similar to those\nof an existing or recently recruited position in the civil service, the remuneration\nof the chief executive officer shall be at a similar level to that applying to the\ncivil service position.\n(4) Subject to subsections (2) and (3), the remuneration of a chief executive officer\nshall be at a level agreed between the chief executive officer and the board; and\nthe board shall consult with the Minister or Official Member and Chief Officer\nresponsible for the public authority prior to entering into such agreement.\n(5) When making comparisons as provided in subsection (2), a board shall take into\naccount the value of non-contributory pension and health benefits of civil\nservants.\n29.\nConflicts of interest of a chief executive officer\n29. (1) A chief executive officer shall, prior to assuming the functions of office, make\na declaration to the board of that person\u2019s interests.\n(2) Where a chief executive officer has any actual or potential personal or\ncommercial financial interest, either directly or indirectly, in a transaction or\ndecision being considered by the board, the chief executive officer shall disclose\nthe nature of the interest at a meeting of the board as soon as possible after the\nrelevant circumstances have come to that person\u2019s knowledge.\n\nPublic Authorities Law (2020 Revision)\nSection 30\n\nc\nRevised as at 31st December, 2019\nPage 21\n\n30.\nDiscipline or dismissal of a chief executive officer\n30. (1) A board may discipline or dismiss a chief executive officer but may do so only\non the basis of \u2014\n(a) the chief executive officer being found to have committed serious or gross\nmisconduct; or\n(b) the inadequate performance of the chief executive officer over a\nreasonable period of time, provided that the board has given the chief\nexecutive officer adequate opportunity to improve that person\u2019s\nperformance to the required level.\n(2) A board shall determine inadequate performance by evaluating two or more\nconsecutive performance agreements of the chief executive officer.\n(3) A chairperson shall consult with the relevant Minister or Official Member prior\nto dismissing the chief executive officer.\n(4) A board may require a chief executive officer to take early retirement where the\nchief executive officer has a permanent physical or mental disability which\nprevents the chief executive officer from performing the required duties and\nsuch disability is certified by the Chief Medical Officer of the Health Services\nAuthority, after an assessment of the chief executive officer has been made by\na medical board convened by the Chief Medical Officer.\n31.\nResponsibilities of chief executive officer\n31. (1) A chief executive officer shall be accountable to a board in the management of\na public authority.\n(2) A chief executive officer shall be responsible for \u2014\n(a) the delivery of outcomes as specified by the board;\n(b) the achievement of the ownership performance, and, where relevant,\noutput delivery performance agreed by the board with the Cabinet shall be\nset out in budget documents required under section 35;\n(c) the day-to-day management of the public authority including \u2014\n(i)\nthe hiring, management and dismissal of staff, and other personnel\nmanagement functions;\n(ii) the assignment of duties to staff of the public authority as the chief\nexecutive officer sees fit, subject to job descriptions relevant to the\nstaff;\n(iii) output production and delivery management; and\n(iv) strategic and financial management;\n(d) implementing decisions of the board;\n(e) providing written and verbal technical advice and guidance to the board on\nmatters of policy and strategic direction;\n\nSection 32\nPublic Authorities Law (2020 Revision)\n\nPage 22\nRevised as at 31st December, 2019\nc\n\n(f)\nthe preparation of the draft budget, ownership agreement and purchase\nagreement, where applicable, for consideration by the board;\n(g) procurement in accordance with the policy framework established by the\nboard and the Government\u2019s procurement legislation and policies;\n(h) the preparation of financial statements and presentation of annual audited\nstatements to the board in accordance with the Public Management and\nFinance Law (2020 Revision);\n(i)\nthe submission of the Annual Report in the prescribed form to the relevant\nMinistry or Portfolio as soon as approved by the board; and\n(j)\nany other responsibilities as provided in writing by the board.\n(3) In the event of the absence, or inability to act, of the chief executive officer, the\nboard may appoint an acting chief executive officer to discharge the chief\nexecutive officer\u2019s duties during the period of that person\u2019s absence or inability.\n32.\nPower of chief executive officer to delegate\n32. (1) A chief executive officer may delegate any of the responsibilities under\nsection 31(2) to a staff member in accordance with this section.\n(2) Unless the terms and conditions of the delegation otherwise provide, a person\nto whom duties or powers are delegated by a chief executive officer under this\nsection shall not sub-delegate those duties or powers to another staff member.\n(3) Subject to subsection (2), a delegation under this section may be made to a\nspecified person or persons of a specified group or to the holder or holders for\nthe time being of a specified office or offices, and various powers may\nrespectively be delegated to different persons.\n(4) A delegation under this section \u2014\n(a) shall be in writing;\n(b) may be made on such terms and conditions as the chief executive officer\ndelegating or sub-delegating thinks fit; and\n(c) may be revoked at any time by written notice from the chief executive\nofficer.\n(5) Except to the extent that the terms and conditions of the delegation otherwise\nprovide, a delegate under this section may exercise those powers in the same\nmanner and with the same effect as if they had been conferred on the delegate\ndirectly and not by delegation.\n(6) No delegation under this section shall affect or prevent the exercise of any of\nthe powers of the chief executive officer nor shall any such delegation affect the\nresponsibility of that chief executive officer for the actions of the delegate, and\nonce a decision is made, it shall, for all purposes, be as good as having been\nmade by the chief executive officer.\n\nPublic Authorities Law (2020 Revision)\nSection 33\n\nc\nRevised as at 31st December, 2019\nPage 23\n\n(7) A delegation under this section, until revoked, continues in force,\nnotwithstanding that the chief executive officer has ceased to hold office as\nsuch, and shall continue to have effect as if made by the successor of the chief\nexecutive officer but without limiting the authorities conferred on the successor\nby or under this Law\nPART 5 \u2013 PUBLIC AUTHORITY FINANCIAL MANAGEMENT\nREQUIREMENTS\n33.\nGeneral application\n33. Notwithstanding any other law, the provisions of Part V of the Public Management\nand Finance Law (2020 Revision) shall apply to all public authorities.\n34.\nFinancial year\n34. The financial year of all public authorities shall be the financial year established by\nthe Public Management and Finance Law (2020 Revision).\n35.\nBudget documents\n35. Notwithstanding any other law, the budget documents of a public authority shall\ninclude an ownership agreement, and, where relevant, a purchase agreement,\nprepared in accordance with the Public Management and Finance Law (2020\nRevision).\n36.\nCapital charge\n36. (1) A public authority shall pay to the Government for each financial year a capital\ncharge for the use of the equity invested by the Government in the entity.\n(2) The public authority shall pay the capital charge on 31st July and 31st January\nin each year.\n(3) The amount of the capital charge to be paid by a public authority shall be the\namount arrived at by applying the capital charge rate determined by the Minister\nof Finance to the net worth of the public authority reported in the balance sheet\nof the public authority.\n(4) The Minister of Finance, after consultation with the board in writing, shall set\nannually the capital charge rate for each individual public authority prior to the\ncommencement of the detailed planning and budgeting phase of the budget\nprocess provided in section 19 of the Public Management and Finance Law\n(2020 Revision).\n37.\nBorrowing\n37. Subject to the provisions of any other law, a public authority may not borrow without\nthe approval of the Cabinet.\n\nSection 38\nPublic Authorities Law (2020 Revision)\n\nPage 24\nRevised as at 31st December, 2019\nc\n\n38.\nIssuing of capital\n38. A public authority may not issue additional capital including, where applicable,\nshares, to any person or entity without the approval of Cabinet.\n39.\nInvesting and reserves\n39. (1) If a public authority is a financial institution it shall maintain reserves at the\nspecified levels set by the body which regulates it.\n(2) Where a public authority has surplus cash reserves for a period of more than\nninety days, the surplus shall be paid to core government unless otherwise\ndirected by Cabinet, after consultation with the board in writing.\n(3) A public authority shall pay dividends in accordance with the formulae\nestablished by the Minister of Finance after consultation with the board in\nwriting, unless otherwise directed by Cabinet.\n40.\nCompliance with generally accepted accounting practice\n40. All financial information provided by public authorities to the Government or the\nLegislative Assembly shall be prepared on an accrual accounting basis and shall\ncomply with the generally accepted accounting practice provided by the Public\nManagement and Finance Law (2020 Revision).\nPART 6 \u2013 PUBLIC AUTHORITY PERSONNEL MANAGEMENT\nREQUIREMENTS\n41.\nOpen and fair processes in personnel management decisions\n41. (1) A public authority shall make all personnel management decisions without\npatronage, favouritism or consideration of political factors and, pursuant thereto\na public authority shall ensure that open and fair processes apply to all \u2014\n(a) appointments;\n(b) promotions;\n(c) remunerations;\n(d) discipline;\n(e) dismissal; and\n(f)\nany other personnel management decisions.\n(2) All public authorities shall prepare and act pursuant to a human resource policy\nand procedural manual; and such manual shall be in compliance with this Law\nand approved by the board.\n42.\nRecruitment and appointment of staff of a public authority\n42. (1) A public authority \u2014\n\nPublic Authorities Law (2020 Revision)\nSection 42\n\nc\nRevised as at 31st December, 2019\nPage 25\n\n(a) shall operate an open and fair appointment process for all staff;\n(b) shall notify a vacant position in such manner as enables suitably qualified\npersons to apply for the position; and\n(c) may, if necessary, publicly advertise in local or international media or\nboth, a vacant position in such manner as would enable suitably qualified\npersons to apply for the vacant position.\n(2) All advertisements shall include a summary of the duties, the qualifications, the\nskills and attributes required of applicants, the remuneration range, the\ninformation to be provided by applicants, the authority to which applications are\nto be submitted, and the closing date and time of applications.\n(3) The period between the publication of the advertisement and the closing date\nfor applications shall be no less than fourteen days.\n(4) Before advertising a vacancy, the chief executive officer or the designate of the\nchief executive officer shall establish \u2014\n(a) the duties and responsibilities of the post;\n(b) the attributes and skills required for the post; and\n(c) the salary range within an established salary grade.\n(5) A chief executive officer shall, when compiling a shortlist, give preference to a\nCaymanian applicant where the Caymanian and a non-Caymanian are found to\nrank broadly at the same level.\n(6) When establishing an interview panel, a chief executive officer shall ensure that\nthe panel consists of no less than three persons who \u2014\n(a) have an understanding of the duties, skills and attributes of the position;\n(b) have no conflict of interest; and\n(c) are able to act in an independent and unbiased manner in relation to the\nappointment concerned.\n(7) A chief executive officer, or a staff member to whom the chief executive officer\nhas delegated the function of appointing other staff, shall, after considering the\nreport of the interview panel, appoint the applicant who, in the opinion of the\nchief executive officer, has the best skills, knowledge and integrity to carry out\nthe duties required in a highly competent manner and the appointment shall be\nmade solely on the basis of merit.\n(8) Where two or more persons are ranked broadly similarly on the basis of merit,\na chief executive officer shall give preference to the Caymanian.\n(9) For the purposes of subsections (7) and (8), \u201cmerit\u2019 means the best mix of\nqualifications, skills, knowledge and experience for the position.\n\nSection 43\nPublic Authorities Law (2020 Revision)\n\nPage 26\nRevised as at 31st December, 2019\nc\n\n(10) A chief executive officer shall, before making an appointment, undertake a\nbackground check on the appointee relevant to the duties of the position and\nwhich shall be in addition to any references.\n43.\nConflicts of interest of senior staff\n43. (1) All senior staff shall, prior to assuming the function of their office, make a\ndeclaration to the Commission of Standards in Public Life in accordance with\nthe Standards in Public Life Law, 2014 [Law 3 of 2014]*.\n(2) Where a member of the senior staff has any actual or potential personal or\ncommercial financial interest, either directly or indirectly, in a transaction or\ndecision being considered by a board, the staff member shall disclose the nature\nof the interest to the chief executive officer as soon as possible after the relevant\ncircumstances have come to the staff member\u2019s knowledge.\n44.\nGood employer obligations\n44. (1) A public authority shall ensure that it acts as a good employer at all times.\n(2) For the purposes of subsection (1), a \u201cgood employer\u201d is an employer which\noperates a personnel policy containing provisions generally accepted as\nnecessary for the fair and proper treatment of employees in all aspects of their\nemployment, including \u2014\n(a) good and safe working conditions;\n(b) the impartial selection of suitably qualified persons for appointment;\n(c) recognition of the need for involvement of Caymanians in all aspects of\nthe public service;\n(d) opportunities for the enhancement of the abilities of individual employees;\n(e) recognition of the employment requirements of persons with\ndisabilities; and\n(f)\nappropriate employment policies and procedures.\n45.\nPublic Service Values\n45. A public authority shall uphold and promote Public Service Values as detailed in the\nPublic Service Management Law (2018 Revision) and the management systems and\noperations of public authorities shall reflect those values.\n46.\nPublic Servant\u2019s Code of Conduct\n46. (1) An employee of a public authority is part of the public service and, during the\ncourse of that person\u2019s employment by a public authority, shall comply with any\nPublic Servant\u2019s Code of Conduct as detailed in the Public Service Management\nLaw (2018 Revision).\n(2) An employee who fails to comply with the Public Servant\u2019s Code of Conduct in\na significant way as determined by the chief executive officer may be\n\nPublic Authorities Law (2020 Revision)\nSection 47\n\nc\nRevised as at 31st December, 2019\nPage 27\n\ndisciplined or dismissed by the chief executive officer or by a member of staff\nof the public authority delegated to do so by the chief executive officer.\n(3) The Public Servant\u2019s Code of Conduct shall form part of every employee\u2019s\nemployment agreement.\n47.\nTerms and conditions and remuneration of staff\n47. (1) All public authorities shall use the same salary scale as determined by Cabinet\nand all jobs shall be evaluated by the same job evaluation methodology.\n(2) Subject to section 58, after the date of the commencement of this Law where\nthere is a difference between the terms and conditions of employment at a public\nauthority and the public service the salary grades for remuneration in the public\nauthority shall be adjusted accordingly to reduce such differences.\n(3) A public authority, in order to reduce differences in the terms and conditions of\nemployment in accordance with subsection (2), may \u2014\n(a) provide for employee contribution to health insurance and pensions;\n(b) provide different types of allowances; and\n(c) change working hours, leave entitlements and retirement benefits.\n(4) Subject to subsections (5) and (6), staff may be appointed for such period and\non such terms and conditions as shall be determined by the public authority.\n(5) Subject to subsection (6), the remuneration of a staff member shall be at a level\nagreed between the staff member and the public authority.\n(6) In establishing the terms and conditions and remuneration of a staff member, a\npublic authority shall \u2014\n(a) take into consideration the terms and conditions and remuneration of\npositions with comparable managerial and technical responsibility in both\nthe civil service and in the private sector; and\n(b) ensure that the terms and conditions and remuneration are consistent with\nthose positions mentioned in paragraph (a);\n(c) where the chief executive officer establishes to the satisfaction of the\nrelevant board that the salary range for a post is not adequate to attract the\nbest person for the post, the chairperson, after consultation with the\nrelevant chief officer, may increase the salary in an individual case by\ntaking into account market rates; and\n(d) where the board finds that the salary range for the post of chief executive\nofficer is not adequate to attract the best person for the post of chief\nexecutive officer, the board, after consultation with the Minister and the\nchief officer, may increase the salary in an individual case by taking into\naccount market rates.\n\nSection 48\nPublic Authorities Law (2020 Revision)\n\nPage 28\nRevised as at 31st December, 2019\nc\n\n48.\nSalary increases\n48. (1) A public authority shall not award cost of living adjustments for staff of a public\nauthority unless permitted to do so by the Cabinet.\n(2) Subsection (1) does not apply to individual salary changes.\n(3) Any cost of living adjustment made by a public authority shall be calculated by\nthe Economics and Statistics Office.\n(4) A public authority shall not introduce a bonus or performance payment scheme\nfor staff of the public authority unless the public authority is permitted to do so\nby the Cabinet.\nPART 7 - RESPONSIBILITIES OF CABINET AND CHIEF\nOFFICERS IN RELATION TO PUBLIC AUTHORITIES\n49.\nRole of the Cabinet\n49. The role of the Cabinet in relation to public authorities is to \u2014\n(a) exercise, on the public\u2019s behalf, the duties and functions of the owner, or\nwhere relevant, shareholder of the public authority;\n(b) where appropriate, directly intervene in the operation of the public\nauthority where it is in the public interest to do so, by giving general and\nlawful directions in written form as to the policy to be followed by the\npublic authority in the performance of its duties and functions;\n(c) order an investigation pursuant to section 56(2) into the public authority\u2019s\ncompliance with this Law;\n(d) extend policy that applies to the civil service to the public authorities as\nand when necessary to ensure good governance and best human resource\npractice; and\n(e) to allow the Minister responsible for the public authority to directly issue\nstrategic policy directions in writing to the chairperson of the board.\n50.\nDuties of Cabinet\n50. The duties of the Cabinet, in relation to a public authority, shall be to \u2014\n(a) appoint board members in accordance with the provisions of Part 3;\n(b) agree the ownership performance required of the public authority with the\nboard of the public authority and to monitor the achievement of that\nperformance in accordance with the provisions of the Public Management\nand Finance Law (2020 Revision);\n(c) where relevant, agree the outputs to be delivered by a public authority and\nfunded by the Cabinet with the board and monitor the delivery of those\n\nPublic Authorities Law (2020 Revision)\nSection 51\n\nc\nRevised as at 31st December, 2019\nPage 29\n\noutputs in accordance with the provisions of the Public Management and\nFinance Law (2020 Revision);\n(d) determine a public authority\u2019s purpose in the relevant legislation and\nreview such purpose as and when necessary; and\n(e) give the Chief Officer of the relevant Ministry oversight of the public\nauthority, and power to act as liaison officer for the board, the Chief\nExecutive Officer and the responsible Minister or Official Member.\n51.\nDuties of the Chief Officer\n51. The duties of a Chief Officer in relation to a public authority are \u2014\n(a) to monitor monthly the purchase and ownership agreement of a public\nauthority to ensure that the public authority is complying with those\nagreements;\n(b) to ensure that the reports and financial statements of a public authority are\npresented to the Legislative Assembly in the prescribed format and in\naccordance with the prescribed timetable; and\n(c) to ensure that a public authority identifies measurement criteria to be\nadopted and the reporting requirements to identify the delivery or nondelivery of the outcomes.\n52.\nOwnership arrangements\n52. (1) In this section \u201ccapital\u201d means any instrument of equity or ownership capital\nincluding shares, issued capital or notional capital structures.\n(2) All capital held in a public authority by the Government shall be held in the\nname \u201cthe Government of the Cayman Islands\u201d.\n(3) All the rights and powers attaching to the capital held by the Government,\nincluding the power of sale or disposition, may be exercised on behalf of the\nGovernment by a Minister or official member appointed for the purpose by the\nCabinet.\n(4) The Minister or official member may sell or otherwise dispose of capital only if\nthe Minister or official member is authorised to do so by the Cabinet and by a\nresolution of the Legislative Assembly.\n(5) The provisions of this section shall apply notwithstanding any other law.\n53.\nFunding of outputs\n53. Notwithstanding any other law, if the Cabinet requires that a public authority provide\nany outputs to any person at a price that is less than the full cost of producing those\noutputs, the Cabinet shall purchase those outputs, or contribute to the purchase of\nthose outputs, in accordance with the provisions of the Public Management and\nFinance Law (2020 Revision).\n\nSection 54\nPublic Authorities Law (2020 Revision)\n\nPage 30\nRevised as at 31st December, 2019\nc\n\nPART 8 - MISCELLANEOUS\n54.\nLiability of employees\n54. (1) An employee of a public authority shall not be liable in damages for anything\ndone or omitted in the discharge of that employee\u2019s functions or duties unless it\nis shown that the act or omission was negligent or in bad faith.\n(2) Notwithstanding subsection (1), where the function or duty exercised is, where\napplicable, regulatory, monetary, co-operative or advisory, the provision\nrelating to negligence shall not apply.\n\n55.\nApplication of the Labour Law, Immigration Law, National Pensions Law and\nHealth Insurance Law to public authorities\n55. The Labour Law (2011 Revision), Immigration Transition Law, 2018 [Law 33 of\n2018], the National Pensions Law (2012 Revision) and the Health Insurance Law\n(2018 Revision) shall apply to all public authorities except where there is a conflict\nwith this Law, in which case the provisions of this Law shall apply.\n56.\nMonitoring compliance of public authorities\n56. (1) The Chief Officer in the relevant Ministry or Portfolio is responsible for the\nimplementation of this Law in the public authority that falls under the direction\nof that Ministry or Portfolio.\n(2) The Cabinet may request a Ministry or Portfolio to undertake a review,\ninvestigation or audit of the financial management, personnel management or\ngovernance practices of a public authority to establish the extent of the public\nauthority\u2019s compliance with the requirements of this Law.\n(3) For the purposes of undertaking a review, investigation or audit of the financial\nmanagement, personnel management or governance practices of a public\nauthority, a Ministry or Portfolio requested by Cabinet to undertake such\nreviews, investigations or audits may request information concerning such\nmatters from public authorities, and the public authorities concerned shall\naccede to such requests.\n(4) The Government\u2019s Internal Audit Unit and the Human Resources Audit Unit\nService shall regularly monitor the compliance of a public authority with this\nLaw and all laws which relate to the public authority; and those Units shall carry\nout special investigations of public authorities in such circumstances and in\naccordance with such procedures as may be prescribed.\n57.\nWhistleblowers\n57. The Whistleblower Protection Law, 2015 [Law 22 of 2015] shall apply for the\npurposes of this Law.\n\nPublic Authorities Law (2020 Revision)\nSection 58\n\nc\nRevised as at 31st December, 2019\nPage 31\n\n58.\nTransitional Provisions\n58. The following transitional provisions shall apply to persons who are employees of a\npublic authority at the date of the commencement of the Public Authorities Law, 2017\n[Law 21 of 2017] \u2014\n(a) notwithstanding section 28, if the terms and conditions or remuneration of\na chief executive officer at the commencement of the Public Authorities\nLaw, 2017 [Law 21 of 2017] are more generous than the terms and\nconditions or remuneration that would have been established if section 28\nhad applied, the existing terms and conditions or remuneration shall\ncontinue to apply to that chief executive officer; and\n(b) notwithstanding section 47, if the terms and conditions or remuneration of\na staff member at the commencement of the Public Authorities Law, 2017\n[Law 21 of 2017] are more generous than the terms and conditions or\nremuneration that would have been established if section 47 had applied,\nthe existing terms and conditions or remuneration shall continue to apply\nto that staff member.\n59.\nRegulations\n59. The Cabinet may make regulations to prescribe for all matters that are required to be\nprescribed by this Law or are necessary to give effect to this Law.\nPublication in consolidated and revised form authorised by the Cabinet this 7th day\nof January, 2020.\nKim Bullings\nClerk of the Cabinet\n\nPublic Authorities Law (2020 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2019\nPage 33\n\nENDNOTES\nTable of Legislation History:\n*Notes (not forming part of this Law): The Standards in Public Life Law, 2014 [Law 3 of 2014]\nwas not in force as at 31st December, 2019.\n\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n19\/2018\n\nPublic Authorities Law, 2017 (Commencement)\n(Amendment) Order, 2018\n30-May-2018\nGE42\/2018\/s1\n\n20\/2018\nPublic Authorities (Amendment) Law, 2018\n13-Aug-2018\nG17\/2018\/s18\n55\/2017\n\nPublic Authorities Law, 2017 (Commencement) Order,\n2017\n31-May-2017\nGE45\/2017\/s41\n\n21\/2017\nPublic Authorities Law, 2017\n1-Jun-2019\nG10\/2017\/s1\n\nNotes (not forming part of this Law):\n* The Standards in Public Life Law, 2014 [Law 3 of 2014] was not in force as at 31st December,\n2019.\n\nENDNOTES\nPublic Authorities Law (2020 Revision)\n\nPage 34\nRevised as at 31st December, 2019\nc\n\nPublic Authorities Law (2020 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2019\nPage 35\n\nENDNOTES\nPublic Authorities Law (2020 Revision)\n\nPage 36\nRevised as at 31st December, 2019\nc\n\n(Price: $7.20)","akn_extracted_at":"2026-06-22 15:37:06.532189+00","cms_id":"2017-0021","law_type":"principal","year":"2017","number":"21","title":"Public Authorities Act","status":"in_force"},"provenance":{"files":[{"file_id":"5199","expr_id":"304","kind":"akn_xml","filename":"2017-0021_2020 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2017\/2017-0021\/2017-0021_2020 Revision.akn.xml","content_md5":"7c0cc186dd944d3ba6ee304d0f1c34ad","byte_size":"66137","http_last_modified":null,"fetched_at":"2026-06-22 15:37:07.11081+00"},{"file_id":"607","expr_id":"304","kind":"pristine_pdf","filename":"2017-0021_2020 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2017\/2017-0021\/2017-0021_2020 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2017\/2017-0021\/2017-0021_2020 Revision.pdf","content_md5":"f196ec9d419280dee11b50181c6cbaf7","byte_size":"1110491","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.157918+00"},{"file_id":"608","expr_id":"304","kind":"working_pdf","filename":"2017-0021_2020 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2017\/2017-0021\/2017-0021_2020 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2017\/2017-0021\/2017-0021_2020 Revision.pdf","content_md5":"f196ec9d419280dee11b50181c6cbaf7","byte_size":"1110491","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.157918+00"}],"paragraph_count":51,"latest_history":null},"quality":{"expr_id":"304","doc_id":"304","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,page_header_footer_noise,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 2, \"medium\": 1}","finding_summary":"Sample shows likely truncation at section 43 and extraneous page\/header\/footer material; human review recommended to confirm completeness and clean metadata alignment.","assessed_at":"2026-06-22 15:29:45.260813+00","updated_at":"2026-06-22 15:29:45.260813+00"}}