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PART 5 - MISCELLANEOUS PROVISIONS 18. 19. 20. SCHEDULE THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016 DISABILITIES (SOLOMON WEBSTER) LAW, (Law 43 of 2016) A LAW TO PROMOTE, PROTECT AND ENSURE THE FULL ENJOYMENT OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, BY PERSONS WITH DISABILITIES, ON AN EQUAL BASIS WITH OTHER PERSONS; TO PROMOTE RESPECT FOR THE DIGNITY OF PERSONS WITH DISABILITIES; TO ESTABLISH THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Disabilities (Solomon Webster) Law, 2016. (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Law and in relation to different matters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. (1) In this Law \u2014 \u201caccess\u201d includes \u2014 Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016 (a) in relation to premises, freedom to enter in, approach, communicate with, make use of, or manoeuvre within, any premises; (b) in relation to benefits, freedom to make use of any benefits for which a person may qualify; and (c) in relation to communication, the capacity to receive and make use of information, and \u201caccessible\u201d shall be construed accordingly; \u201cassistive device\u201d means any equipment or device that is designed, made or adapted to alleviate the effects of a disability; \u201cbenefit\u201d includes the provision of goods, services, facilities, opportunities, situations or advantages; \u201cbuilt environment\u201d includes buildings (interior and exterior), structures, roads, sidewalks, walkways and similar items; \u201ccaregiver\u201d means \u2014 (a) a parent; (b) a legal guardian; or (c) any other person, responsible for caring for the health, financial, physical security or general wellbeing of a person with a disability; \u201cCouncil\u201d means the National Council for Persons with Disabilities established by section 3; \u201cdisability\u201d means any short term or long term physical, mental, intellectual or sensory impairment which significantly hinders a person\u2019s full and effective participation in society, on an equal basis with other persons and shall be construed with reference to the classification or diagnostic system accepted by the Council; \u201cdiscrimination\u201d means any distinction, exclusion or restriction, on the basis of disability, which \u2014 (a) has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all rights and freedoms in the political, economic, social, cultural, civil, or any other field; and (b) cannot be shown to be a proportionate means of achieving a legitimate aim; \u201cimpairment\u201d means any loss or abnormality of psychological or anatomical structure or function; \u201cmember\u201d means a member of the Council and includes the Chair and the Deputy Chair of the Council; Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016 \u201cperson with a disability\u201d means a person who has a short-term or long-term physical, mental, intellectual or sensory impairment which significantly hinders, or which may hinder, that person\u2019s full and effective participation in society, on an equal basis with other persons; \u201cpublic officer\u201d has the meaning assigned to that expression in the Constitution set out in Schedule 2 to the Cayman Islands Constitution Order 2009 [S.I. 2009\/1379]; \u201creasonable accommodation\u201d means the necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden where needed in a particular case, to ensure to a person with a disability, the enjoyment or exercise, on an equal basis with persons who do not have disabilities, of privileges, interests, benefits and treatment, and the facilitation of such privileges, interests, benefits and treatment, by the provision of auxiliary aids and services, including \u2014 (a) assistive devices; (b) interpreters, technologies and effective methods of making aurally delivered and received materials available to a person with a disability; (c) readers, taped audio visually recorded texts or other effective methods of making visually delivered and received materials available to a person with a disability; and (d) physical modification to buildings and the built environment; and \u201cRegister\u201d means the register maintained pursuant to section 10. (2) For the purposes of this Law, \u201cdisproportionate or undue burden\u201d includes \u2014 (a) the nature of the benefit likely to accrue to, or the detriment likely to be suffered by, any person concerned; (b) the effect of the relevant disability on a person concerned; (c) the financial circumstances of the person concerned who is claiming a disproportionate or undue burden; or (d) the estimated amount of expenditure or other allocation of resources required by the person concerned who is claiming a disproportionate or undue burden and whether it is reasonably proportionate to the benefit likely to accrue. Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016 PART 2 - THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"The National Council for Persons with Disabilities 3. (1) There is established a body to be called the National Council for Persons with Disabilities, having the functions, responsibilities, powers and duties conferred or imposed upon it by this and any other Law. (2) The Schedule has effect with respect to the constitution and procedure of the Council.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Functions of the Council Chair and Deputy Chair 4. (1) The Council shall perform such functions as may be necessary for the purpose of \u2014 (a) reinforcing and promoting recognition and acceptance within the Islands of the principle that a person with a disability, has the same fundamental rights as a person who does not have a disability; (b) promoting the dignity and autonomy of persons with disabilities, including their freedom of choice and independence; (c) ensuring full and effective participation in the Islands for persons with disabilities on an equal basis with persons who do not have disabilities; and (d) promoting respect for, and acceptance of, persons with disabilities. (2) The Council shall in carrying out its functions adopt a consultative approach in relation to the community of persons with disabilities and other critical stakeholders.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Chair and Deputy Chair 5. (1) The Chair of the Council and the Deputy Chair of the Council shall be appointed by the Cabinet, from among the members of the Council who are not public officers. (2) The duties of the Chair include \u2014 (a) chairing meetings of the Council; (b) instructing the Executive Secretary on behalf of the Council; (c) signing Minutes of meetings of the Council; (d) apprising the Council of matters raised by stakeholders; (e) making best efforts to guide the Council in accordance with relevant legislation and policy; and (f) participating in public relations or education campaigns on behalf of the Council. Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016 (3) In the case of the absence or inability of the Chair to act, the Deputy Chair shall perform the duties of the Chair.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Executive Secretary 6. (1) The Cabinet shall appoint an individual who is a public officer to be the Executive Secretary of the Council but the Executive Secretary shall not be a member of the Council and shall have no right to vote at meetings of the Council. (2) The Executive Secretary shall manage the affairs of the Council in accordance with applicable legislation, Council directives and Council policies.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Remuneration of members 7. Each of the members of the Council (if they are not public officers) may receive such remuneration in respect of each meeting attended, and the Chair and Deputy Chair may receive such additional remuneration, as may be determined by the Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Immunity 8. Neither the Council, nor any member of the Council, nor the Executive Secretary of the Council, shall be liable in damages for anything done or omitted in the discharge or purported discharge of their respective functions, responsibilities, powers and duties under this Law unless it is shown that the act or omission was negligent or in bad faith.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Indemnity 9. The Government shall indemnify a member of the Council against all claims, damages, costs, charges or expenses incurred by that member in the discharge or purported discharge of that member\u2019s functions, responsibilities, powers and duties under this Law, except claims, damages, costs, charges or expenses caused by the negligence or bad faith of that member. PART 3 - THE DISABILITIES REGISTER\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Disabilities Register 10. (1) The Council shall maintain a confidential register (to be known as the Disabilities Register) containing the particulars of any person with a disability who wishes to be registered. (2) The Register shall be kept in such form, and all entries, alterations and removals of entries shall be made in such manner, as may be prescribed. (3) A person whose name is in the Register shall be issued, in the prescribed manner, with a certificate of registration. Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Registration or deregistration of a person with a disability 11. Where \u2014 (a) a person with a disability desires that person\u2019s name; or (b) a caregiver of a person with a disability desires the name of the person with a disability, to be entered in the Register or to be removed from the Register, that person or the caregiver shall make an application to the Council in the prescribed manner. PART 4 - ACCESS TO RIGHTS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Access to privileges, interests, benefits and treatment 12. (1) A person with a disability is entitled to the enjoyment of rights, privileges, interests, benefits and treatment (whether directly, or through contractual, licensing, or other arrangements). (2) The rights of persons with disabilities shall be protected by the elimination of discrimination and by the progressive realization of their economic, social and cultural rights.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Personal liberty 13. No person shall be deprived of personal liberty or security of the person only on the ground of disability.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Right to privacy 14. (1) A person with a disability has a right to private life and family life on an equal basis with persons who do not have disabilities. (2) A person with a disability shall not be a subject of any research or medical or scientific experimentation without that person\u2019s free and informed consent, obtained through accessible modes, means and formats of communication. (3) A person with a disability shall not be subject to any medical procedure which leads to or could lead to infertility without that person\u2019s free and informed consent, obtained through accessible modes, means and formats of communication.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Access to justice 15. Persons with disabilities shall, in their individual or representative capacity, as the case may be, have the right to \u2014 Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016 (a) move or appear before any court, tribunal, authority, commission, or any other body having judicial, quasijudicial or investigative powers, on an equal basis with persons who do not have disabilities; and (b) receive reasonable accommodations and other support in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Political office 16. A person with a disability shall not, by reason of the disability, be denied the opportunity to participate in programmes, work or activities that relate to political office, including \u2014 (a) the opportunity to vote using procedures, facilities, material and support that are appropriate, accessible and easy to understand and use; and (b) the opportunity to be elected to public office and perform public functions at all levels of government.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Public life 17. A person with a disability shall not, by reason of the disability, be denied the opportunity to effectively and fully participate in the conduct of public affairs, including forming and joining any organizations at local, regional, and international levels. PART 5 - MISCELLANEOUS PROVISIONS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Obstruction of authorized persons 18. (1) A person who \u2014 (a) assaults or obstructs an authorized person acting in the performance of the authorized person\u2019s lawful functions under this Law; or (b) knowingly gives false or misleading information to the Council or to an authorized person acting in the performance of the authorized person\u2019s functions pursuant to this Law, commits an offence and is liable on summary conviction to a fine of five thousand dollars. (2) In this section \u2014 \u201cauthorized person\u201d, in relation to any act, means a person duly authorized by the Council to act in that behalf. Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Regulations 19. (1) The Cabinet may make regulations for the better carrying out of this Law and for giving effect thereto and in particular \u2014 (a) for prescribing the form of any document authorized or required by this Law to be served, made, issued or done; (b) for any purpose for which regulations are authorised or required to be made under this Law and for prescribing anything that by this Law is required or authorised to be prescribed by regulations; (c) for empowering such persons as may be specified in the regulations to administer or execute the regulations and to make orders, impose requirements or give directions for the purposes of the regulations; (d) for empowering such persons as may be specified in the regulations to take measures, including the entry and inspection of any land or building, to secure compliance with the regulations or any order, requirement or direction made, imposed or given thereunder; and for enabling such persons to recover expenses incurred by them in the exercise of any such power; and (e) for the review of decisions given under the Regulations. (2) Any regulation made under this Law may provide for the imposition of a fine of five thousand dollars and imprisonment for six months or both, for any contravention of, or failure to comply with, such regulation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Law binding on Crown 20. This Law binds the Crown. Disabilities (Solomon Webster) Law, 2016 SCHEDULE Law 43 of 2016 SCHEDULE (Section 3) THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES Composition of Council 1. The Council shall consist of the following members, each of whom shall be appointed by the Cabinet \u2014 (a) not less than three members who are persons with disabilities, whether or not they are affiliated with an advocacy or service organization that works for the rights of persons with disabilities; (b) not less than three members who are from the private sector or who are affiliated with a non-Governmental advocacy or service organization that works for the rights of persons with disabilities; (c) not less than three members who are public officers having substantial knowledge of, and experience in, one or more of the following areas \u2014 (i) health; (ii) education; (ii) lifelong learning; (iv) employment; and (v) research and analysis; and (d) one member who is an attorney-at-law practising in the Islands. Tenure of office 2. (1) The members of the Council shall hold and vacate office in accordance with the provisions of this Schedule and the terms of their appointment. (2) Each member of the Council shall be appointed for a term of not less than three years but not more than six years and shall be eligible for reappointment; and the Cabinet shall cause notice of such appointment or reappointment to be published in the Gazette. Resignation 3. A member of the Council may resign office by instrument in writing addressed to the Premier, and the resignation shall take effect as from the date of the receipt of the instrument by the Cabinet Secretary. SCHEDULE Disabilities (Solomon Webster) Law, 2016 Law 43 of 2016 Revocation of appointments 4. (1) The Cabinet may \u2014 (a) in its discretion, revoke the membership of a member of the Council; or (b) terminate a person\u2019s appointment as a member of the Council, if the member \u2014 (i) has been adjudged bankrupt; (ii) has been absent from three consecutive meetings of the Council without the consent of the Chair of the Council; or (iii) is otherwise unable or unfit to discharge the functions of a member of the Council. (2) Where any member of the Council ceases to be a member before the normal expiration of the member\u2019s office, the Cabinet in accordance with this Law, may appoint another person to hold that office until the time that the member\u2019s office would have expired. Procedure and meetings 5. (1) The Council shall meet a minimum of six times per year, but may meet as often as necessary and practical and the Council may decide its own procedures, except so far as its procedures are prescribed by this Law. (2) Members of the Council who are appointed under subparagraph (c) of paragraph 1 shall have no right to vote but members who are appointed under subparagraph (a), (b) or (d) of paragraph 1 shall each have one vote; and decisions of the Council shall be adopted by a simple majority of the votes of the members present and voting except that in the case of an equality of votes the Chair shall in addition have a casting vote. (3) At every meeting of the Council a quorum shall consist of a simple majority of the members appointed under subparagraphs (a), (b) and (d) of paragraph 1, with at least one person being a member appointed under each of those subparagraphs. (4) The Council may act notwithstanding that a vacancy exists among the members. (5) The deliberations of the Council shall be confidential but the Council shall cause any decision which affects the members of the public to be published in the Gazette, on a website or in a newspaper of the Islands. (6) If a member of the Council has any personal or pecuniary interest, direct or indirect, in any matter which is to be determined by the Council, the member shall, if present at the meeting of the Council at which such matter is to be determined, as soon as practicable after the commencement thereof, disclose Disabilities (Solomon Webster) Law, 2016 SCHEDULE Law 43 of 2016 the fact and leave the meeting, and shall not take part in the consideration or discussion of such matter or vote on any question with respect thereto. Passed by the Legislative Assembly the 24th day of October, 2016. Juliana O\u2019Connor-Connolly Speaker. 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PRELIMINARY\n1.\nShort title and commencement ..................................................................................................5\n2.\nInterpretation .............................................................................................................................5\nPART 2 - THE NATIONAL COUNCIL FOR PERSONS WITH\nDISABILITIES\n3.\nThe National Council for Persons with Disabilities......................................................................8\n4.\nFunctions of the Council ............................................................................................................8\n5.\nChair and Deputy Chair .............................................................................................................8\n6.\nExecutive Secretary ...................................................................................................................9\n7.\nRemuneration of members ........................................................................................................9\n8.\nImmunity ....................................................................................................................................9\n9.\nIndemnity ...................................................................................................................................9\nPART 3 - THE DISABILITIES REGISTER\n10.\nDisabilities Register ...................................................................................................................9\n11.\nRegistration or deregistration of a person with a disability ........................................................ 10\nPART 4 - ACCESS TO RIGHTS\n12.\nAccess to privileges, interests, benefits and treatment ............................................................. 10\n\nArrangement of Sections\nDisabilities (Solomon Webster) Law, 2016\n\nPage 4\nLaw 43 of 2016\nc\n\n13.\nPersonal liberty ........................................................................................................................ 10\n14.\nRight to privacy ........................................................................................................................ 10\n15.\nAccess to justice ...................................................................................................................... 10\n16.\nPolitical office .......................................................................................................................... 11\n17.\nPublic life ................................................................................................................................. 11\nPART 5 - MISCELLANEOUS PROVISIONS\n18.\nObstruction of authorized persons ........................................................................................... 11\n19.\nRegulations ............................................................................................................................. 12\n20.\nLaw binding on Crown ............................................................................................................. 12\nSCHEDULE\n13\nTHE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES\n13\nComposition of Council ..................................................................................................................... 13\nTenure of office ................................................................................................................................. 13\nResignation ....................................................................................................................................... 13\nRevocation of appointments .............................................................................................................. 14\nProcedure and meetings ................................................................................................................... 14\n\nDisabilities (Solomon Webster) Law, 2016\nSection 1\n\nc\nLaw 43 of 2016\nPage 5\n\nCAYMAN ISLANDS\n\nDISABILITIES (SOLOMON WEBSTER) LAW,\n2016\n(Law 43 of 2016)\nA LAW TO PROMOTE, PROTECT AND ENSURE THE FULL ENJOYMENT OF HUMAN\nRIGHTS AND FUNDAMENTAL FREEDOMS, BY PERSONS WITH DISABILITIES, ON\nAN EQUAL BASIS WITH OTHER PERSONS; TO PROMOTE RESPECT FOR THE\nDIGNITY OF PERSONS WITH DISABILITIES; TO ESTABLISH THE NATIONAL\nCOUNCIL FOR PERSONS WITH DISABILITIES; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART 1 - PRELIMINARY\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Disabilities (Solomon Webster) Law, 2016.\n(2) This Law shall come into force on such date as may be appointed by Order\nmade by the Cabinet and different dates may be appointed for different\nprovisions of this Law and in relation to different matters.\n2.\nInterpretation\n2.\n(1) In this Law \u2014\n\u201caccess\u201d includes \u2014\n\nSection 2\nDisabilities (Solomon Webster) Law, 2016\n\nPage 6\nLaw 43 of 2016\nc\n\n(a)\nin relation to premises, freedom to enter in, approach, communicate with,\nmake use of, or manoeuvre within, any premises;\n(b) in relation to benefits, freedom to make use of any benefits for which a\nperson may qualify; and\n(c)\nin relation to communication, the capacity to receive and make use of\ninformation,\nand \u201caccessible\u201d shall be construed accordingly;\n\u201cassistive device\u201d means any equipment or device that is designed, made or\nadapted to alleviate the effects of a disability;\n\u201cbenefit\u201d includes the provision of goods, services, facilities, opportunities,\nsituations or advantages;\n\u201cbuilt environment\u201d includes buildings (interior and exterior), structures,\nroads, sidewalks, walkways and similar items;\n\u201ccaregiver\u201d means \u2014\n(a)\na parent;\n(b) a legal guardian; or\n(c)\nany other person,\nresponsible for caring for the health, financial, physical security or general\nwellbeing of a person with a disability;\n\u201cCouncil\u201d means the National Council for Persons with Disabilities\nestablished by section 3;\n\u201cdisability\u201d means any short term or long term physical, mental, intellectual\nor sensory impairment which significantly hinders a person\u2019s full and effective\nparticipation in society, on an equal basis with other persons and shall be\nconstrued with reference to the classification or diagnostic system accepted by\nthe Council;\n\u201cdiscrimination\u201d means any distinction, exclusion or restriction, on the basis\nof disability, which \u2014\n(a)\nhas the purpose or effect of impairing or nullifying the recognition,\nenjoyment or exercise, on an equal basis with others, of all rights and\nfreedoms in the political, economic, social, cultural, civil, or any other\nfield; and\n(b) cannot be shown to be a proportionate means of achieving a\nlegitimate aim;\n\u201cimpairment\u201d means any loss or abnormality of psychological or anatomical\nstructure or function;\n\u201cmember\u201d means a member of the Council and includes the Chair and the\nDeputy Chair of the Council;\n\nDisabilities (Solomon Webster) Law, 2016\nSection 2\n\nc\nLaw 43 of 2016\nPage 7\n\n\u201cperson with a disability\u201d means a person who has a short-term or long-term\nphysical, mental, intellectual or sensory impairment which significantly\nhinders, or which may hinder, that person\u2019s full and effective participation in\nsociety, on an equal basis with other persons;\n\u201cpublic officer\u201d has the meaning assigned to that expression in the\nConstitution set out in Schedule 2 to the Cayman Islands Constitution Order\n2009 [S.I. 2009\/1379];\n\u201creasonable accommodation\u201d means the necessary and appropriate\nmodification and adjustments not imposing a disproportionate or undue burden\nwhere needed in a particular case, to ensure to a person with a disability, the\nenjoyment or exercise, on an equal basis with persons who do not have\ndisabilities, of privileges, interests, benefits and treatment, and the facilitation\nof such privileges, interests, benefits and treatment, by the provision of\nauxiliary aids and services, including \u2014\n(a)\nassistive devices;\n(b) interpreters, technologies and effective methods of making aurally\ndelivered and received materials available to a person with a disability;\n(c)\nreaders, taped audio visually recorded texts or other effective methods of\nmaking visually delivered and received materials available to a person\nwith a disability; and\n(d) physical modification to buildings and the built environment; and\n \u201cRegister\u201d means the register maintained pursuant to section 10.\n(2) For the purposes of this Law, \u201cdisproportionate or undue burden\u201d\nincludes \u2014\n(a)\nthe nature of the benefit likely to accrue to, or the detriment likely to be\nsuffered by, any person concerned;\n(b) the effect of the relevant disability on a person concerned;\n(c)\nthe financial circumstances of the person concerned who is claiming a\ndisproportionate or undue burden; or\n(d) the estimated amount of expenditure or other allocation of resources\nrequired by the person concerned who is claiming a disproportionate or\nundue burden and whether it is reasonably proportionate to the benefit\nlikely to accrue.\n\nSection 3\nDisabilities (Solomon Webster) Law, 2016\n\nPage 8\nLaw 43 of 2016\nc\n\nPART 2 - THE NATIONAL COUNCIL FOR PERSONS WITH\nDISABILITIES\n3.\nThe National Council for Persons with Disabilities\n3.\n(1) There is established a body to be called the National Council for Persons with\nDisabilities, having the functions, responsibilities, powers and duties conferred\nor imposed upon it by this and any other Law.\n(2) The Schedule has effect with respect to the constitution and procedure of the\nCouncil.\n4.\nFunctions of the Council Chair and Deputy Chair\n4.\n(1) The Council shall perform such functions as may be necessary for the\npurpose of \u2014\n(a)\nreinforcing and promoting recognition and acceptance within the Islands\nof the principle that a person with a disability, has the same fundamental\nrights as a person who does not have a disability;\n(b) promoting the dignity and autonomy of persons with disabilities,\nincluding their freedom of choice and independence;\n(c)\nensuring full and effective participation in the Islands for persons with\ndisabilities on an equal basis with persons who do not have\ndisabilities; and\n(d) promoting respect for, and acceptance of, persons with disabilities.\n(2) The Council shall in carrying out its functions adopt a consultative approach in\nrelation to the community of persons with disabilities and other critical\nstakeholders.\n5.\nChair and Deputy Chair\n5.\n(1) The Chair of the Council and the Deputy Chair of the Council shall be\nappointed by the Cabinet, from among the members of the Council who are\nnot public officers.\n(2) The duties of the Chair include \u2014\n(a)\nchairing meetings of the Council;\n(b) instructing the Executive Secretary on behalf of the Council;\n(c)\nsigning Minutes of meetings of the Council;\n(d) apprising the Council of matters raised by stakeholders;\n(e)\nmaking best efforts to guide the Council in accordance with relevant\nlegislation and policy; and\n(f)\nparticipating in public relations or education campaigns on behalf of the\nCouncil.\n\nDisabilities (Solomon Webster) Law, 2016\nSection 6\n\nc\nLaw 43 of 2016\nPage 9\n\n(3) In the case of the absence or inability of the Chair to act, the Deputy Chair\nshall perform the duties of the Chair.\n6.\nExecutive Secretary\n6.\n(1) The Cabinet shall appoint an individual who is a public officer to be the\nExecutive Secretary of the Council but the Executive Secretary shall not be a\nmember of the Council and shall have no right to vote at meetings of the\nCouncil.\n(2) The Executive Secretary shall manage the affairs of the Council in accordance\nwith applicable legislation, Council directives and Council policies.\n7.\nRemuneration of members\n7.\nEach of the members of the Council (if they are not public officers) may receive\nsuch remuneration in respect of each meeting attended, and the Chair and Deputy\nChair may receive such additional remuneration, as may be determined by the\nCabinet.\n8.\nImmunity\n8.\nNeither the Council, nor any member of the Council, nor the Executive Secretary of\nthe Council, shall be liable in damages for anything done or omitted in the discharge\nor purported discharge of their respective functions, responsibilities, powers and\nduties under this Law unless it is shown that the act or omission was negligent or in\nbad faith.\n9.\nIndemnity\n9.\nThe Government shall indemnify a member of the Council against all claims,\ndamages, costs, charges or expenses incurred by that member in the discharge or\npurported discharge of that member\u2019s functions, responsibilities, powers and duties\nunder this Law, except claims, damages, costs, charges or expenses caused by the\nnegligence or bad faith of that member.\nPART 3 - THE DISABILITIES REGISTER\n10.\nDisabilities Register\n10. (1) The Council shall maintain a confidential register (to be known as the\nDisabilities Register) containing the particulars of any person with a disability\nwho wishes to be registered.\n(2) The Register shall be kept in such form, and all entries, alterations and\nremovals of entries shall be made in such manner, as may be prescribed.\n(3) A person whose name is in the Register shall be issued, in the prescribed\nmanner, with a certificate of registration.\n\nSection 11\nDisabilities (Solomon Webster) Law, 2016\n\nPage 10\nLaw 43 of 2016\nc\n\n11.\nRegistration or deregistration of a person with a disability\n11. Where \u2014\n(a)\na person with a disability desires that person\u2019s name; or\n(b) a caregiver of a person with a disability desires the name of the person\nwith a disability,\nto be entered in the Register or to be removed from the Register, that person or\nthe caregiver shall make an application to the Council in the prescribed\nmanner.\nPART 4 - ACCESS TO RIGHTS\n12.\nAccess to privileges, interests, benefits and treatment\n12. (1) A person with a disability is entitled to the enjoyment of rights, privileges,\ninterests, benefits and treatment (whether directly, or through contractual,\nlicensing, or other arrangements).\n(2) The rights of persons with disabilities shall be protected by the elimination of\ndiscrimination and by the progressive realization of their economic, social and\ncultural rights.\n13.\nPersonal liberty\n13. No person shall be deprived of personal liberty or security of the person only on the\nground of disability.\n14.\nRight to privacy\n14. (1) A person with a disability has a right to private life and family life on an equal\nbasis with persons who do not have disabilities.\n(2) A person with a disability shall not be a subject of any research or medical or\nscientific experimentation without that person\u2019s free and informed consent,\nobtained through accessible modes, means and formats of communication.\n(3) A person with a disability shall not be subject to any medical procedure which\nleads to or could lead to infertility without that person\u2019s free and informed\nconsent, obtained through accessible modes, means and formats of\ncommunication.\n15.\nAccess to justice\n15. Persons with disabilities shall, in their individual or representative capacity, as the\ncase may be, have the right to \u2014\n\nDisabilities (Solomon Webster) Law, 2016\nSection 16\n\nc\nLaw 43 of 2016\nPage 11\n\n(a)\nmove or appear before any court, tribunal, authority, commission, or any\nother body having judicial, quasijudicial or investigative powers, on an\nequal basis with persons who do not have disabilities; and\n(b) receive reasonable accommodations and other support in order to\nfacilitate their effective role as direct and indirect participants, including\nas witnesses, in all legal proceedings, including at investigative and other\npreliminary stages.\n16.\nPolitical office\n16. A person with a disability shall not, by reason of the disability, be denied the\nopportunity to participate in programmes, work or activities that relate to political\noffice, including \u2014\n(a)\nthe opportunity to vote using procedures, facilities, material and support\nthat are appropriate, accessible and easy to understand and use; and\n(b) the opportunity to be elected to public office and perform public\nfunctions at all levels of government.\n17.\nPublic life\n17. A person with a disability shall not, by reason of the disability, be denied the\nopportunity to effectively and fully participate in the conduct of public affairs,\nincluding forming and joining any organizations at local, regional, and international\nlevels.\nPART 5 - MISCELLANEOUS PROVISIONS\n18.\nObstruction of authorized persons\n18. (1) A person who \u2014\n(a)\nassaults or obstructs an authorized person acting in the performance of\nthe authorized person\u2019s lawful functions under this Law; or\n(b) knowingly gives false or misleading information to the Council or to an\nauthorized person acting in the performance of the authorized person\u2019s\nfunctions pursuant to this Law,\ncommits an offence and is liable on summary conviction to a fine of five\nthousand dollars.\n(2) In this section \u2014\n\u201cauthorized person\u201d, in relation to any act, means a person duly authorized\nby the Council to act in that behalf.\n\nSection 19\nDisabilities (Solomon Webster) Law, 2016\n\nPage 12\nLaw 43 of 2016\nc\n\n19.\nRegulations\n19. (1) The Cabinet may make regulations for the better carrying out of this Law and\nfor giving effect thereto and in particular \u2014\n(a)\nfor prescribing the form of any document authorized or required by this\nLaw to be served, made, issued or done;\n(b) for any purpose for which regulations are authorised or required to be\nmade under this Law and for prescribing anything that by this Law is\nrequired or authorised to be prescribed by regulations;\n(c)\nfor empowering such persons as may be specified in the regulations to\nadminister or execute the regulations and to make orders, impose\nrequirements or give directions for the purposes of the regulations;\n(d) for empowering such persons as may be specified in the regulations to\ntake measures, including the entry and inspection of any land or building,\nto secure compliance with the regulations or any order, requirement or\ndirection made, imposed or given thereunder; and for enabling such\npersons to recover expenses incurred by them in the exercise of any such\npower; and\n(e)\nfor the review of decisions given under the Regulations.\n(2) Any regulation made under this Law may provide for the imposition of a fine\nof five thousand dollars and imprisonment for six months or both, for any\ncontravention of, or failure to comply with, such regulation.\n20.\nLaw binding on Crown\n20. This Law binds the Crown.\n\nDisabilities (Solomon Webster) Law, 2016\nSCHEDULE\n\nc\nLaw 43 of 2016\nPage 13\n\n SCHEDULE\n(Section 3)\nTHE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES\nComposition of Council\n1.\nThe Council shall consist of the following members, each of whom shall be\nappointed by the Cabinet \u2014\n(a)\nnot less than three members who are persons with disabilities, whether or\nnot they are affiliated with an advocacy or service organization that\nworks for the rights of persons with disabilities;\n(b) not less than three members who are from the private sector or who are\naffiliated with a non-Governmental advocacy or service organization that\nworks for the rights of persons with disabilities;\n(c)\nnot less than three members who are public officers having substantial\nknowledge of, and experience in, one or more of the following areas \u2014\n(i)\nhealth;\n(ii) education;\n(ii) lifelong learning;\n(iv) employment; and\n(v) research and analysis; and\n(d) one member who is an attorney-at-law practising in the Islands.\nTenure of office\n2.\n(1) The members of the Council shall hold and vacate office in accordance with\nthe provisions of this Schedule and the terms of their appointment.\n(2) Each member of the Council shall be appointed for a term of not less than\nthree years but not more than six years and shall be eligible for reappointment;\nand the Cabinet shall cause notice of such appointment or reappointment to be\npublished in the Gazette.\nResignation\n3.\nA member of the Council may resign office by instrument in writing addressed to\nthe Premier, and the resignation shall take effect as from the date of the receipt of\nthe instrument by the Cabinet Secretary.\n\nSCHEDULE\nDisabilities (Solomon Webster) Law, 2016\n\nPage 14\nLaw 43 of 2016\nc\n\nRevocation of appointments\n4.\n(1) The Cabinet may \u2014\n(a)\nin its discretion, revoke the membership of a member of the Council; or\n(b) terminate a person\u2019s appointment as a member of the Council, if the\nmember \u2014\n(i)\nhas been adjudged bankrupt;\n(ii) has been absent from three consecutive meetings of the Council\nwithout the consent of the Chair of the Council; or\n(iii) is otherwise unable or unfit to discharge the functions of a member\nof the Council.\n(2) Where any member of the Council ceases to be a member before the normal\nexpiration of the member\u2019s office, the Cabinet in accordance with this Law,\nmay appoint another person to hold that office until the time that the member\u2019s\noffice would have expired.\nProcedure and meetings\n5.\n(1) The Council shall meet a minimum of six times per year, but may meet as\noften as necessary and practical and the Council may decide its own\nprocedures, except so far as its procedures are prescribed by this Law.\n(2) Members of the Council who are appointed under subparagraph (c) of\nparagraph 1 shall have no right to vote but members who are appointed under\nsubparagraph (a), (b) or (d) of paragraph 1 shall each have one vote; and\ndecisions of the Council shall be adopted by a simple majority of the votes of\nthe members present and voting except that in the case of an equality of votes\nthe Chair shall in addition have a casting vote.\n(3) At every meeting of the Council a quorum shall consist of a simple majority of\nthe members appointed under subparagraphs (a), (b) and (d) of paragraph 1,\nwith at least one person being a member appointed under each of those\nsubparagraphs.\n(4) The Council may act notwithstanding that a vacancy exists among the\nmembers.\n(5) The deliberations of the Council shall be confidential but the Council shall\ncause any decision which affects the members of the public to be published in\nthe Gazette, on a website or in a newspaper of the Islands.\n(6) If a member of the Council has any personal or pecuniary interest, direct or\nindirect, in any matter which is to be determined by the Council, the member\nshall, if present at the meeting of the Council at which such matter is to be\ndetermined, as soon as practicable after the commencement thereof, disclose\n\nDisabilities (Solomon Webster) Law, 2016\nSCHEDULE\n\nc\nLaw 43 of 2016\nPage 15\n\nthe fact and leave the meeting, and shall not take part in the consideration or\ndiscussion of such matter or vote on any question with respect thereto.\nPassed by the Legislative Assembly the 24th day of October, 2016.\nJuliana O\u2019Connor-Connolly\nSpeaker.\nZena Merren-Chin\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:32:30.165365+00","cms_id":"2016-0043","law_type":"principal","year":"2016","number":"43","title":"Disabilities (Solomon Webster) Act","status":"in_force"},"provenance":{"files":[{"file_id":"5233","expr_id":"328","kind":"akn_xml","filename":"2016-0043_Act 43 of 2016.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2016\/2016-0043\/2016-0043_Act 43 of 2016.akn.xml","content_md5":"4af6bc51fcb705f91d85c48feaa9e1ea","byte_size":"23769","http_last_modified":null,"fetched_at":"2026-06-22 15:32:31.002136+00"},{"file_id":"655","expr_id":"328","kind":"pristine_pdf","filename":"2016-0043_Act 43 of 2016.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2016\/2016-0043\/2016-0043_Act 43 of 2016.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2016\/2016-0043\/2016-0043_Act 43 of 2016.pdf","content_md5":"caf3588f2c28caec9e023836fcac3eaf","byte_size":"459427","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.862215+00"},{"file_id":"656","expr_id":"328","kind":"working_pdf","filename":"2016-0043_Act 43 of 2016.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2016\/2016-0043\/2016-0043_Act 43 of 2016.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2016\/2016-0043\/2016-0043_Act 43 of 2016.pdf","content_md5":"caf3588f2c28caec9e023836fcac3eaf","byte_size":"459427","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.862215+00"}],"paragraph_count":12,"latest_history":null},"quality":{"expr_id":"328","doc_id":"328","quality_state":"needs_review","quality_score":"80","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears truncated mid\u2011document; 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