{"kind":"expression","expression":{"expr_id":"584","doc_id":"584","label":"2024 Revision","is_as_enacted":"f","commenced_on":"2024-02-13","superseded_on":null,"valid_from":"2024-02-13","valid_to":null,"is_current":"t","incorporating":"[\"LAW 35\/2020 - Civil Partnership Law, 2020 - LG64\/2020\/s1 - 4-Sep-2020\", \"Act 56\/2020 - Citation of Acts of Parliament Act, 2020 - LG89\/2020\/s1 - 3-Dec-2020\", \"Act 17\/2022 - National Roads Authority (Amendment) Act, 2022 - LG52\/2022\/s3 - 29-Dec-2022\"]","akn_expr_iri":"\/akn\/ky\/act\/2004\/10\/eng@2024-02-13","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2004\/10\", \"expression\": \"\/akn\/ky\/act\/2004\/10\/eng@2024-02-13\", \"manifestation\": \"\/akn\/ky\/act\/2004\/10\/eng@2024-02-13.pdf\"}, \"pdf\": {\"md5\": \"e66cf3cbed84fdd992e5015d1edda5ce\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2004\/2004-0010\/2004-0010_2024 Revision.pdf\", \"pages\": 28, \"filename\": \"2004-0010_2024 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 7901, \"paragraph_count\": 36, \"text_char_count\": 51348}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"National Roads Authority Act(2024 Revision) 17. Medical care for employees of Authority and applicability of Health Insurance Act (2021 PART 4 - Financial Provisions 18. 19. Revenue to be placed into Road Fund and transferred to the Authority to fund its 20. 21. 22. 23. 24. 25. 26. 27. 28. PART 5 - General 29. 30. 31. 32. 33. 34. 35. SCHEDULE Property to be Vested in National Roads Authority ENDNOTES National Roads Authority Act (2024 Revision) (2024 Revision) PART 1 - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the National Roads Authority Act (2024 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Act \u2014 \u201cAuthority\u201d means the National Roads Authority established under section 3; \u201cBoard\u201d means the board of directors of the Authority established under section 7; \u201cchairperson\u201d means the chairperson of the Board; \u201ccore government\u201d, \u201cequity investment\u201d, \u201cexecutive assets\u201d and \u201cexecutive revenue\u201d have the respective meanings assigned to those expressions by section 2 of the Public Management and Finance Act (2020 Revision); \u201cdeputy chairperson\u201d means the deputy chairperson of the Board; \u201cDeputy Managing Director\u201d means the person appointed as such under section 11(2); \u201cdirector\u201d means a member of the Board appointed under section 7(4); \u201cdriver\u2019s licence\u201d has the meaning assigned to it by section 2 of the Traffic Act, (2023 Revision) National Roads Authority Act (2024 Revision) \u201cExecutive Secretary\u201d means the executive secretary of the Authority appointed under section 7(6); \u201cfinancial year\u201d means a year ending on the 30th June; \u201cfunds\u201d includes monies, stocks, shares and other securities; \u201cManaging Director\u201d means the person appointed as such under section 11(1); \u201cMinister\u201d means the Member of Cabinet for the time being charged with responsibility for Infrastructure in accordance with section 54 of the Cayman Islands Constitution Order 2009[UKSI 1379 of 2009]; \u201cproperty\u201d includes \u2014 (a) money, goods, things in action, land and every description of property, whether real or personal; and (b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as defined in paragraph (a); \u201cPublic Management and Finance Act\u201d means the Public Management and Finance Act (2020 Revision); \u201cpublic officer\u201d has the meaning assigned to that expression in the Constitution; \u201cpublic road\u201d means a road which \u2014 (a) is maintained at public expense; or (b) is dedicated in that capacity to the use of the public as of right, and which, in either event, is declared by the Cabinet to be a public road under the Roads Act (2005 Revision); and, for the purposes of section 21, \u201cpublic road\u201d includes the land on which the road is built; \u201croad\u201d includes the carriageway, waterways, bridges, culverts and fordings on the edge of the road, and the land on each side of the carriageway and waterways up to the boundary of the road; but does not include a mosquito control trail other than to the extent to which any such trail is declared to be a public road under the Roads Act (2005 Revision); \u201cRoad Fund\u201d means the road fund established under section 18; \u201croad user charge\u201d means a charge imposed in relation to the use of a public road; and \u201cRoads Development Fund\u201d means the fund established for the purpose of developing roads, under a motion of the Cayman Islands Parliament passed on the 11th March, 1998. National Roads Authority Act (2024 Revision) PART 2 - Establishment and Administration of National Roads Authority\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Establishment of National Roads Authority and vesting of property 3. (1) There is established the National Roads Authority having the responsibilities, functions, powers and duties conferred or imposed upon it by this Act and any other law. (2) The Authority shall be a body corporate having perpetual succession and a common seal and, subject to this Act, shall have power to buy, sell, hold, deal and otherwise acquire and dispose of land and other property of any kind and to enter into contracts and to do all things necessary or desirable for the purposes of its responsibilities, functions, powers and duties. (3) The Authority may sue and be sued in its corporate name and it shall have exclusive right to use the name \u201cNational Roads Authority\u201d. (4) The Authority shall establish and maintain its head office and principal place of business within the Islands, and shall cause details thereof to be gazetted, and service of all documents on the Authority shall be deemed to be effective if delivered at the head office. (5) The property belonging to the Government specified in the Schedule shall, on the 1st July, 2004 vest in the Authority without further assurance.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Use of seal and authentication of documents 4. (1) The seal of the Authority shall be authenticated by the chairperson or deputy chairperson and one other director of the Board authorised to act in that behalf and shall be judicially noticed. (2) The Authority may, by resolution, appoint an officer of the Authority or any other agent either generally or in a particular case to execute or sign on behalf of the Authority any agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Responsibilities, functions and duties of Authority 5. (1) The Authority shall be responsible for the administration, management, control, development and maintenance of public roads and related facilities. (2) For the purposes of subsection (1), the Authority shall \u2014 (a) plan, design, construct, develop, maintain, protect and administer public roads and related road works; (b) subject to the Electricity Act (2008 Revision), be responsible for ensuring the installation, repair, maintenance and operation of works for the supply, transmission and distribution of electricity in relation to public roads National Roads Authority Act (2024 Revision) (including street lighting) in accordance with standards required by the Authority; (c) be responsible for ensuring the repair or restoration of public roads that have been opened or broken up under the Electricity Act (2008 Revision) or any other law, and the repair or restoration of such public roads shall be in accordance with standards required by the Authority; (d) maintain and preserve such records relating to its functions as it considers expedient; (e) maintain and update a list of public roads; (f) carry out, on a permanent basis, such necessary engineering, traffic and economic studies as it may consider necessary for the maintenance and improvement of public roads; (g) implement a maintenance management system for planning, organising, directing and controlling routine and periodic maintenance activities performed by employees of the Authority or through independent contractors; (h) carry out, either by its employees or through contracts with qualified consultants, location and design studies (including right-of-way requirements) necessary for proposed public road improvement or rehabilitation projects and prepare corresponding construction plans, specifications, cost estimates and other documents required for proper tendering of the proposed works; (i) subject to any law for the time being in force, tender, let and administer contracts for public road improvement and rehabilitation projects and for public road maintenance activities for which contracting is considered by the Authority to be cost effective or otherwise advantageous; (j) carry out, either through its employees or through independent contractors, the necessary routine periodic and emergency public road maintenance activities in accordance with the service level of maintenance established for each class or type of public road; (k) keep adequate records and operate a management information system which provides the managers with timely and accurate information on commitments and expenditure for works and services for which the managers are responsible; (l) carry out a comprehensive continuing programme of professional staff development and appropriate skills training for non-professional staff; (m) establish and operate facilities for the testing of materials in connection with the construction and the maintenance of public roads; (n) supervise work contracted out under this Act; (o) operate public road management systems; National Roads Authority Act (2024 Revision) (p) acquire, hire and improve property required for the exercise and performance of the responsibilities, powers, duties and functions of the Authority and to dispose of such property, provided that the Authority may only acquire or dispose of immovable property with the consent of the Cabinet and subject to the provisions of the Governor (Vesting of Lands) Act (2005 Revision); (q) set operational priorities with regard to construction, upgrading, rehabilitation and maintenance of public roads; (r) provide to the Minister advice on \u2014 (i) the adequacy of the funding provided to the Authority from the Road Fund for financing the maintenance and construction of public roads; (ii) the need to develop new, or abolish or amend existing, financing instruments for the Road Fund; and (iii) the optimal level of Authority revenue from the Road Fund in the context of other revenue sources of the Authority; and (s) perform such other responsibilities, functions and duties as may be assigned to it by this or any other law. (3) Without prejudice to subsections (1) and (2), the Authority has power to carry on any activity which appears to it to be requisite, advantageous or convenient for or in connection with the performance of its responsibilities, functions or duties. (4) The Authority shall perform its responsibilities, functions and duties through the Managing Director. (5) The Board shall issue, to the Managing Director, policy directions with respect to any matters for which the Managing Director has responsibility under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Minister may give general directions 6. (1) The Minister may, after consultation with the Board, give such general and lawful directions in written form as to the policy to be followed by the Authority in the performance of its responsibilities, functions and duties, and the Board shall give effect to such directions. (2) Any direction given or decision made by the Minister which affects the members of the public and which is not of an internal or administrative nature, shall be published in the Gazette; but no such direction shall apply in respect of a matter pending before the Authority on the day on which the directions are published. National Roads Authority Act (2024 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Constitution and responsibilities of Board of Authority 7. (1) The Authority shall have a board of directors which shall be responsible for the policy and general administration of the affairs and business of the Authority. (2) Without prejudice to subsection (1), the Board shall be responsible for \u2014 (a) securing the effective implementation of the responsibilities, functions and duties of the Authority; (b) overseeing the effective performance of the Authority; and (c) setting operational priorities with regard to construction, upgrading, rehabilitation and maintenance of public roads. (3) The Board shall have power to \u2014 (a) act by sub-committee; and (b) delegate any of its daily administrative duties and powers from time to time to such sub-committees and to any of their own number and to the employees and agents of the Authority, except that where the Board sets up a sub-committee which consists of members other than directors and employees of the Authority, it may only act or delegate its duties or powers to such sub-committee with the approval of the Cabinet. (4) The Board shall consist of not less than nine nor more than eleven directors of whom \u2014 (a) one, not being a public officer, shall be chairperson; (b) one, not being a public officer, shall be deputy chairperson; (c) one shall be the chief officer of the Ministry responsible for roads or that person\u2019s nominee; (d) one shall be the Financial Secretary or that person\u2019s nominee; (e) three shall be individuals who have demonstrated to the satisfaction of the Cabinet substantial knowledge of and experience in one or more of the following areas \u2014 (i) tourism; (ii) law; and (iii) environmental matters; and (f) the others shall be not less than two but not more than four individuals, one of whom shall be from Cayman Brac or Little Cayman, to be appointed for not less than three years by the Cabinet, but who shall hold office at its pleasure. (5) An individual appointed to be a director under subsection (4)(e) or (f) shall hold office for a term of not more than three years and shall be eligible for reappointment. National Roads Authority Act (2024 Revision) (6) The Board shall appoint an individual (not being a director) to be the Executive Secretary of the Authority, who shall be answerable to the Board for that person\u2019s acts and decisions, be a full time officer and employee of the Authority and render their services exclusively to the Authority. (7) The Executive Secretary \u2014 (a) shall be present at all meetings of the Board and its sub-committees and shall take minutes of the business transacted; (b) shall carry out the administrative work of the Board and its subcommittees; and (c) shall provide the secretarial support for the Board, including the distribution of minutes, the coordination of meetings and the communication of decisions for action to the members of the Board and its sub-committees. (8) The Board shall be deemed to be properly constituted notwithstanding that there is a vacancy in the office of chairperson, deputy chairperson or any other director. (9) There shall be paid to any director (other than a public officer) appointed such remuneration as the Cabinet may determine. (10) The Cabinet shall terminate the appointment of any director who \u2014 (a) resigns that director\u2019s office; (b) becomes of unsound mind or incapable of carrying out that director\u2019s duties; (c) becomes bankrupt or suspends payment to or compounds with that director\u2019s creditors; (d) is convicted in the Islands or elsewhere of any offence involving dishonesty or fraud; (e) commits the offence of serious misconduct in relation to that director\u2019s duties; (f) is absent without leave of the chairperson from three consecutive Board meetings; or (g) fails to comply with that director\u2019s obligations under section 9. (11) If any director dies, resigns or otherwise vacates that director\u2019s office before the expiry of the term for which that director has been appointed, another person may be appointed by the Cabinet for the unexpired period of the term of office of the director in whose place that person is appointed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Meetings of Board 8. (1) The chairperson of the Board shall summon regular meetings of the Board as often as may be required but not less than ten times in any one year. National Roads Authority Act (2024 Revision) (2) Meetings of the Board shall be held at such places, on such days and at such times as the chairperson shall determine, and due notice of such place, date and time shall be given to each director in writing at least seven days before the time at which the meeting is to be held. (3) The chairperson may, at any time, call a special meeting of the Board within two days of receipt of request for that purpose addressed to the chairperson in writing and signed by any three directors. (4) The chairperson may, at any time, in exceptional circumstances, call a special meeting of the Board. (5) A meeting of the Board shall be presided over by \u2014 (a) the chairperson; (b) in the absence of the chairperson, the deputy chairperson; or (c) in the absence of both the chairperson and deputy chairperson, such director as the directors present elect to act as chairperson at that meeting. (6) The quorum of the Board shall be a majority of the appointed directors. (7) Every question or matter to be determined by the Board at any meeting shall be decided by a majority of the votes of the directors present and voting on the question or matter and, in the event of any equal division of votes on any question or matter, the person presiding at the meeting shall give a second or casting vote. (8) The decisions, resolutions, orders, policies and rules made by the Board shall be recorded in the minutes and kept by the Executive Secretary; and the Board shall cause any decision, resolution, order, policy or rule which affects the members of the public to be published in the Gazette, in a website or in a newspaper of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Disclosure of director\u2019s interests 9. (1) If a director has any pecuniary interest, direct or indirect, in any contract, proposed contract, licence or other matter and is present at a meeting of the Board at which any of the foregoing is to be considered, that director shall, at or before the meeting or before the matter is considered, disclose the fact and shall leave the meeting for the duration of and not take part in the consideration or discussion of or vote on the matter. (2) Any director who fails to comply with subsection (1) commits an offence and is liable \u2014 (a) on summary conviction, to a fine of five thousand dollars and to imprisonment for six months; and (b) on conviction on indictment, to a fine of ten thousand dollars and to imprisonment for two years, National Roads Authority Act (2024 Revision) unless the director proves that the said director did not know that the matter in which that person had a pecuniary interest was the subject of consideration at that meeting. (3) A disclosure under subsection (1) shall be recorded in the minutes of the Board meetings. (4) No act or proceeding of the Board shall be questioned on the ground that a director contravened this section. (5) This section does not apply to an interest in a contract or licence or proposed contract or licence or other matter which a director has as a member of the public or to an interest in any matter relating to the terms on which the right to participate in any service is offered to the public.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Director\u2019s pecuniary interests 10. (1) For the purposes of section 9, a director shall be treated as having an indirect pecuniary interest in a contract, proposed contract, licence or other matter if \u2014 (a) that director or any nominee of that director is a member of a company or other body which has a direct or indirect pecuniary interest in the contract, proposed contract, licence or other matter under consideration; (b) that director is a partner, or in the employment of a person with whom the contract was made or is proposed to be made, or who has a direct or indirect pecuniary interest in the contract, proposed contract, licence or other matter under consideration; or (c) that director or any partner of that director is a professional adviser to a person who has a direct or indirect pecuniary interest in a contract, proposed contract, licence or other matter under consideration. (2) Subsection (1) does not apply to membership of, or employment by, any public body. (3) In the case of married persons, or persons in a civil partnership, the interest of one spouse or civil partner shall be deemed, for the purpose of section 9, to be also the interest of the other. (4) The Cabinet may, subject to such conditions as it may think fit, appoint persons to act as directors for any specified period, in any case in which the number of directors disabled by section 9 at any one time would be so great a proportion of the whole as to impede the transaction of business by the Board. National Roads Authority Act (2024 Revision) PART 3 - Personnel of Authority\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Managing Director and Deputy Managing Director 11. (1) The Board shall appoint such individual to be the Managing Director of the Authority, at such remuneration and on such terms and conditions as the Board may think fit. (2) The Board shall appoint such individual to be the Deputy Managing Director of the Authority, at such remuneration and on such terms and conditions as the Board may think fit. (3) The Managing Director and the Deputy Managing Director shall be answerable to the Board for their respective acts and decisions, shall both be full time officers and employees of the Authority and shall render their services exclusively to the Authority. (4) In the Managing Director\u2019s absence or inability to fulfil that person\u2019s duties, the Deputy Managing Director shall discharge the duties and functions of the Managing Director during the period of that person\u2019s absence or disability.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Functions, powers and duties of Managing Director 12. (1) The Managing Director shall be the principal executive officer of the Authority entrusted with the day to day management and administration to the extent of the authority delegated to that person by the Board. (2) The Managing Director shall manage road operations and procurement on behalf of the Authority, subject to the directions of the Board, and to this end shall \u2014 (a) oversee the technical operations of the Authority related to planning, demand forecasting, construction, upgrading, rehabilitation or maintenance; (b) procure and conclude contracts on behalf of the Authority subject to approval by the Board; (c) monitor the operations of persons administering road user charges; (d) establish, maintain and update an asset register of the Authority; (e) supervise the development and implementation of a human resources plan which shall include but not be limited to succession planning and retraining within a defined organisational structure, and appoint staff of the Authority in accordance with the plan; (f) supervise communication and marketing campaigns aimed at sensitising road users and the general public to the role of roads in economic development and the activities of the Authority; and (g) supervise research with regard to any aspect related to the implementation of this Act, including technical standards in respect of \u2014 National Roads Authority Act (2024 Revision) (i) infrastructure planning, land use planning and design; (ii) materials testing; and (iii) road and bridge construction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Operational plan 13. The Managing Director shall perform that person\u2019s responsibilities, functions and duties in accordance with an operational plan approved by the Board, which shall \u2014 (a) specify a three year public roads development programme, including \u2014 (i) construction programmes for new public roads; and (ii) maintenance, rehabilitation and upgrading programmes in respect of existing public roads; (b) specify a procurement plan relating to such development programme; and (c) specify a human resources plan for the Authority with a defined organisational structure for the purpose of giving effect to paragraph (a).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Power to employ staff, etc. 14. (1) The Board may employ, at such remuneration and on such terms and conditions as may be approved, from time to time, by the Board, such employees and engage under contract for services such professional, technical or other assistance, as it considers necessary to carry out its functions. (2) Subject to this Act, the Board shall determine the executive, management and administrative structure of the Authority for the necessary and proper discharge of the duties, responsibilities and functions of the Authority including, without limitation, the delegation of functions to directors and employees and to subcommittees of the Board. (3) The Board shall also determine \u2014 (a) the professional qualifications and requirements of the employees of the Authority and persons under contracts for services with the Authority; (b) the terms and conditions of employment and contracts for services with the Authority; and (c) disciplinary procedures for employees of and for persons under contracts for services with the Authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Transfer of public officers to Authority 15. (1) A person who is a public officer immediately before the 1st July, 2004 may, on or after that date, be offered employment by the Authority and, if that person accepts the offer, shall become an employee of the Authority on the same terms and conditions as those applicable to that person on the day immediately preceding such date except \u2014 National Roads Authority Act (2024 Revision) (a) to the extent other terms and conditions are agreed between such employee and the Authority; and (b) that disciplinary matters shall be dealt with in accordance with the Labour Act (2021 Revision) and the disciplinary rules and procedures of the Authority and not under General Orders. (2) Pension arrangements and medical benefits relating to any employee specified under subsection (1) shall be subject to sections 16 and 17 respectively. (3) The Cabinet may, subject to such conditions as it may impose, approve the appointment of any public officer in the service of Government by way of secondment to any office with the Authority, and any public officer so appointed shall, in relation to discipline, salary, pension, gratuity or other allowance and to other rights and obligations as a public officer, be treated as continuing in the service of Government.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Pension fund 16. (1) The Authority shall subscribe to the Public Service Pensions Fund in accordance with the Public Service Pensions Act (2023 Revision) for the payment of pensions to all employees of the Authority. (2) Notwithstanding subsection (1) \u2014 (a) where an employee transferred in accordance with section 15(1) is entitled to a contracted officer\u2019s supplement the Authority shall not subscribe to the Public Service Pensions Fund in respect of such employee during the period in which the employee remains entitled to such supplement; (b) with respect to employees employed by the Authority after the 1st July, 2004 and who have not been transferred in accordance with this Act, the Authority has the option of subscribing to the Public Service Pensions Fund or of creating and maintaining or subscribing to a fund in accordance with the provisions of the National Pensions Act (2024 Revision); and (c) the Authority shall not subscribe to any fund in respect of those employees who are employed under contracts which are six months or less in duration. (3) The Authority shall be considered to be an employer for the purposes of the Public Service Pensions Act (2023 Revision), and an employee transferred in accordance with section 15(1) shall not be considered to have retired from Service for the purposes of that Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Medical care for employees of Authority and applicability of Health Insurance Act (2021 Revision) 17. The Health Insurance Act (2021 Revision) shall apply to the Authority except that \u2014 (a) the Authority may elect to provide free or subsidised medical benefits in lieu of, or in addition to, insurance coverage under that Act; and National Roads Authority Act (2024 Revision) (b) any person described in section 15(1) shall, unless otherwise notified by the Authority, be entitled to receive from the Authority the medical benefits provided to that person on the day preceding that person\u2019s transfer to the Authority. PART 4 - Financial Provisions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Discontinuance of Roads Development Fund and establishment of Road Fund 18. (1) Subject to section 34(5), (6) and (7), the Roads Development Fund is discontinued with effect from the 1st July, 2004. (2) There is hereby established within the core government a fund, to be called the \u201cRoad Fund\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Revenue to be placed into Road Fund and transferred to the Authority to fund its operating costs 19. (1) The Cabinet, with effect from 1st January 2022, shall authorise the transfer of revenue not exceeding fourteen million dollars, to the Authority, via the Road Fund, for the purpose of funding the Authority\u2019s annual operating cost, in particular, the construction, upgrading, rehabilitation and maintenance of public roads. (2) The revenue, referred to in subsection (1), shall be comprised of \u2014 (a) one hundred per cent of the fuel import duty charged, collected and paid under the Customs Tariff Act (2023 Revision), on gasoline and diesel used by motor vehicles (excluding fuel import duties for diesel consumed by Caribbean Utilities Company); and (b) one hundred per cent of the fees collected and paid under the Traffic Regulations (2022 Revision), on motor vehicle drivers\u2019 licences, and, upon being collected by the government, the revenue shall be transferred to the Authority via the Road Fund. (3) The Cabinet may by regulations, amend \u2014 (a) subsection (1) (in respect of the limit on the amount of revenue to be transferred to the Authority from the two sources of revenue referred to in subsection (2)); (b) subsection (2) (in respect of the sources from which the amount of revenue referred to in subsection (1) will be derived); or (c) both subsections (1) and (2). (4) Regulations made under subsection (3) are subject to negative resolution of the Cayman Islands Parliament. National Roads Authority Act (2024 Revision) (5) Where the Cabinet varies the revenue referred to in subsection (1), by regulations made under subsection (3), the increase or decrease in revenue, shall be transferred in accordance with subsections (6) or (7) respectively. (6) Where the variation of revenue by the Cabinet, referred to in subsection (5), results in an increase in the revenue referred to in subsection (1), the increase shall be transferred to the Authority via the Road Fund. (7) Where the variation of revenue by the Cabinet, referred to in subsection (5), results in a decrease in the revenue referred to in subsection (1), any excess revenue shall be transferred from the Road Fund to the general revenue of the Islands. (8) Where the revenue in the Road Fund, generated from the two direct sources of funding for the Authority\u2019s operating costs referred to in subsection (2), exceeds the revenue approved by the Cabinet for the purpose set out in subsection (1), the excess revenue shall be transferred from the Road Fund to the general revenue of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Utilisation of Road Fund 20. (1) The Road Fund shall be used by the Cabinet to transfer the revenue referred to in section 19(1) to the Authority to fund the Authority\u2019s annual operating costs and to be applied in particular to the construction, upgrading, rehabilitation and maintenance of public roads. (2) The Road Fund shall be used for any other purpose provided for under this Act and approved by the Cabinet, the Cayman Islands Parliament or both, including the purposes referred to in section 23, without prejudice to the prescribed use of the Road Fund in subsection (1). (3) The revenue collected from fuel import duties on gasoline and diesel used by motor vehicles and the fees from motor vehicle drivers\u2019 licences, for the period commencing on 1st July, 2014 and the ending on 30th June, 2015, inclusive, shall be allocated to the Road Fund and transferred to the Authority in monthly installments, with payments commencing from September, 2014, for the purpose specified in subsection (1)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Public roads to be assets of Government 21. Any public road existing at the 1st July, 2004 and any public road constructed by the Authority from money appropriated from the Road Fund shall be an asset of the Government and accounted for in the financial statements of the core government in accordance with the Public Management and Finance Act (2020 Revision). National Roads Authority Act (2024 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Levying and collection of user charges 22. (1) Subject to the approval of the Cabinet, the Authority may levy and collect a road user charge on users of public roads, provided that the amount of the road user charge \u2014 (a) is directly related to the amount of usage of roads by the users concerned; (b) is determined in a transparent and equitable manner; and (c) is regularly reviewed for accuracy and equity. (2) Before levying a road user charge in accordance with subsection (1), the Authority shall publish in the Gazette a notice specifying \u2014 (a) the amount of the proposed road user charge; (b) the classes of vehicles to be charged with reference to the amount of the proposed road user charge; (c) the classes of vehicles, if any, to be exempted from the proposed road user charge; (d) the manner in which the proposed road charge is to be paid; and (e) the date on which the levying of the proposed road charge is to commence. (3) The notice referred to in subsection (2), shall be published at least three months prior to the date on which the levying of the road user charge is to commence. (4) The Authority may authorise any other person to collect a road user charge on its behalf in the manner which the Authority deems fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Revenue and resources of Authority 23. (1) The revenue and resources of the Authority shall be comprised of \u2014 (a) such monies as may be appropriated by law for the purposes of the Authority, including those from the Road Fund; (b) road user charges collected by the Authority in accordance with section 22; (c) gifts or bequests received by the Authority in accordance with section 27; (d) other monies paid and property provided to the Authority by way of grants, rent, interest and other income derived from the investment of the Authority\u2019s funds; (e) monies derived from the disposal of or dealing with real or personal property held by the Authority; (f) monies borrowed by the Authority in accordance with this Act; and (g) any property lawfully received or made available to the Authority. (2) Subject to this Act, monies appropriated by the Cayman Islands Parliament for the purposes of the Authority, any income derived from fees and any other National Roads Authority Act (2024 Revision) income of the Authority shall be held and applied to furthering the purposes of the Authority in such manner as the Authority may think fit. (3) Monies appropriated by the Cayman Islands Parliament for the purposes of the Authority shall be applied by the Authority in accordance with the terms of the appropriation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Financial year 24. The financial year of the Authority shall end on the 30th June.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Capital and borrowing powers of Authority 25. (1) The Authority shall have the power to borrow for or in connection with the performance of its responsibilities, functions and duties. (2) In accordance with a resolution of the Cayman Islands Parliament, the Cabinet may guarantee the payment of the principal and interest on any authorised borrowings of the Authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Applicability of Public Management and Finance Act 26. (1) The Authority is a statutory authority as defined in section 2 of the Public Management and Finance Act (2020 Revision) and accordingly the provisions of that Act apply, among other things, to \u2014 (a) the Authority\u2019s expenditure budget for each financial year; and (b) the preparation, maintenance, auditing and publication of the Authority\u2019s accounts. (2) Where the exercise of any power conferred by or under this Act would be inconsistent with the exercise of a power conferred by or under the Public Management and Finance Act (2020 Revision), the Public Management and Finance Act (2020 Revision) shall to the extent of the inconsistency prevail over this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Power of Authority regarding funds, gifts, land, etc. 27. (1) Subject to section 21, the Authority shall have power \u2014 (a) to receive all funds or gifts in kind given or bequeathed to the Authority, or to the Government for the purposes of the Authority, or given or bequeathed by words showing an intention that the funds or gifts should inure to or for the benefit of the Authority; and (b) to acquire by purchase, gift or demise, and hold in their corporate capacity, with the previous sanction in each case of the Cabinet but not otherwise, any land in the Islands required to further the purposes of the Authority. (2) Subject to this Act, the Authority shall apply all such funds or gifts specified in subsection (1)(a) or, if such funds are invested, the income derived therefrom, National Roads Authority Act (2024 Revision) to furthering the purposes of the Authority in such manner as the Authority thinks fit. (3) The powers conferred by subsection (1) shall not be exercised in any manner inconsistent with any condition or action imposed or given by the donor or testator with respect to such fund or gift. (4) The following shall have effect with respect to funds received by the Authority by way of gift or bequest for the purposes of the Authority \u2014 (a) the Authority may invest liquid funds in such bank deposits or similar financial instruments as the Authority may determine, and shall so invest any such funds that are given or bequeathed for the endowment of the Authority; (b) the Authority may realise any funds that are in a state of investment, and any funds so realised which are given or bequeathed for the endowment of the Authority shall, as soon as may be practicable or expedient, be reinvested by the Authority; and (c) funds which, when received by the Authority, are in any investment, may be retained by the Authority in that investment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Annual payment to core government 28. (1) Any annual payment of the Authority to the core government shall be calculated by a formula determined by the Financial Secretary after consultation with the Authority and the Minister, and the balance shall be carried forward to the account of the Authority. (2) No receipts under section 23(1)(f) shall be taken into account in calculating the amount of any annual payment into the general revenue of the Islands under subsection (1). PART 5 - General\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Disposal of premises no longer required by Authority 29. (1) The Authority shall each year review its requirements for premises, and any premises in the possession of the Authority which are no longer required for the purposes of the Authority shall be disposed of in accordance with this section. (2) Premises which were transferred to the Authority by the Government for no consideration or for a nominal consideration shall be transferred by the Authority to the Government for no consideration or for the same nominal consideration, as the case may be. (3) Premises other than those to which subsection (2) applies shall be offered to the Government for purchase at a fair market value; and any appraisal of real National Roads Authority Act (2024 Revision) property in relation to this subsection shall be made according to the principles of valuation used by the Ministry responsible for lands. (4) Where Government does not wish to purchase the premises offered to it under subsection (3), it shall notify the Authority in writing within twenty-one days of the receipt of the offer, after which the Authority may dispose of the premises on the open market to the Authority\u2019s best advantage.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Regulations 30. (1) The Cabinet may, upon recommendation by the Authority, make regulations prescribing \u2014 (a) such minimum standards for the maintenance of any public road as may, in the opinion of the Authority, be reasonably necessary in the national interest to promote accessibility to any area in the Islands; (b) measures which are, in the opinion of the Authority, reasonably required in the management of public roads to cause the least possible disruption of the environment, but subject to the provisions of any other law; (c) the manner in which the Authority or the Board may execute or perform any responsibility, function, duty or power under this Act; (d) fees, or portions thereof, that are to be charged for any service provided by the Authority including the repair or restoration of public roads under section 5(2)(c); and (e) all other matters as may be necessary for giving full effect to this Act and for its administration. (2) Any regulation made under this Act may provide for the imposition of a fine of five thousand dollars and imprisonment for six months for any contravention of, or failure to comply with, such regulation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Rules 31. The Authority may, subject to this Act, make such rules as it thinks fit to regulate its own internal management.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Immunity 32. Neither the Authority, nor any director or employee of the Authority, 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 Act unless it is shown that the act or omission was in bad faith. National Roads Authority Act (2024 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Indemnity 33. The Authority shall indemnify a director against all claims, damages, costs, charges or expenses incurred by that director in the discharge or purported discharge of that director\u2019s functions, responsibilities, powers and duties under this Act, except claims, damages, costs, charges or expenses caused by the bad faith of that director.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Savings and transitional provisions 34. (1) Subject to this section, the Cabinet shall, on such conditions as the Cabinet may determine, transfer to the Authority such liabilities, rights or obligations, which relate to or are connected with the management of roads by the Roads Section of the Public Works Department on the 30th June, 2004, as the Cabinet may determine. (2) Notwithstanding any provision to the contrary in any other Law or Act, the Authority shall, with effect from the 30th June, 2004, be vested with the ownership of the rights and be charged with the liabilities and obligations so transferred or assigned to it. (3) A certificate issued by the Minister in which it is stated that any right described in such certificate has been transferred to the Authority pursuant to subsection (1), shall be sufficient proof that the right so described vests in the Authority. (4) The Authority shall be substituted as a contracting party in respect of any agreement transferred to the Authority pursuant to subsection (1), without such substitution bringing about a novation of such agreement. (5) On the 1st July, 2004, any amounts held in the Roads Development Fund shall be transferred to and vest in the core government without further assurance, and the core government shall have all powers necessary to take possession of, recover and deal with, those amounts. (6) Where, immediately before the 1st July, 2004, any amount is owing to the Roads Development Fund, such amount shall be deemed to be owing to the core government, and when paid or collected, shall be credited to the Road Fund. (7) Where a document refers expressly or by implication to the Roads Development Fund, the reference shall be construed as a reference to the Road Fund.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Validation of transfer of funds to the Authority 35. The transferal to the Authority of payments collected from customs duties and fees (in respect of fuel import duties and motor vehicle drivers\u2019 licences) prior to the 14th September, 2015, in purported exercise of powers conferred by sections 19 and 20, is validated and is to be taken to have been lawfully transferred. National Roads Authority Act (2024 Revision) SCHEDULE SCHEDULE (section 3(5)) Property to be Vested in National Roads Authority Any moveable property as may be agreed between the Cabinet and the Authority. Published in consolidated and revised form authorised by the Cabinet this 30th day of January, 2024. Kim Bullings Clerk of Cabinet National Roads Authority Act (2024 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Act\/Law # Legislation Commencement Gazette 17\/2022 National Roads Authority (Amendment) Act, 2022 29-Dec-2022 LG52\/2022\/s3 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 35\/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64\/2020\/s1 National Roads Authority Law (2016 Revision) 2-Sep-2016 GE69\/2016\/s17 15\/2015 National Roads Authority (Amendment) Law, 2015 1-Jul-2014 G19\/2015\/s4 National Roads Authority Law (2006 Revision) 24-Jul-2006 G15\/2006\/s8 15\/2004 National Roads Authority (Amendment) Law, 2004 1-Jul-2004 GE24\/2004\/s2 10\/2004 National Roads Authority Law, 2004 1-Jul-2004 GE23\/2004\/s1 ENDNOTES National Roads Authority Act (2024 Revision) (Price: $5.60)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": 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\"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2004\/10\", \"FRBRdate\": [{\"date\": \"2024-02-13\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2004\/10\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2004-0010\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"10 of 2004\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2004\/10\/eng@2024-02-13\", \"FRBRdate\": [{\"date\": \"2024-02-13\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2004\/10\/eng@2024-02-13\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2004\/10\/eng@2024-02-13.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2004\/10\/eng@2024-02-13.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"National Roads Authority Act\", \"actNumber\": \"10 of 2004\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nNATIONAL ROADS AUTHORITY ACT\n(2024 Revision)\n\nSupplement No. 1 published with Legislation Gazette No. 8 of 13th February, 2024.\n\nPage 2\nRevised as at 31st December, 2023\nc\n\nPUBLISHING DETAILS\nLaw 10 of 2004 consolidated with Laws 15 of 2004, 15 of 2015 and Act 17 of 2022 and\nas amended by Law 35 of 2020 and Acts 56 of 2020 and 17 of 2022.\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted \u2014\nLaw 10 of 2004-11th June, 2004\nLaw 15 of 2004-14th July, 2004\nLaw 15 of 2015-12th August, 2015\nLaw 35 of 2020-4th September, 2020\nAct 56 of 2020-7th December, 2020\nAct 17 of 2022-14th December, 2022.\n\nConsolidated and revised this 31th day of December, 2023.\n\nNote (not forming part of this Act): This revision replaces the 2016 Revision which\nshould now be discarded.\n\nNational Roads Authority Act (2024 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2023\nPage 3\n\nCAYMAN ISLANDS\n\nNATIONAL ROADS AUTHORITY ACT\n(2024 Revision)\nArrangement of Sections\nSection\nPage\nPART 1 - Preliminary\n1.\nShort title ...................................................................................................................................5\n2.\nInterpretation .............................................................................................................................5\nPART 2 - Establishment and Administration of National\nRoads Authority\n3.\nEstablishment of National Roads Authority and vesting of property ............................................7\n4.\nUse of seal and authentication of documents .............................................................................7\n5.\nResponsibilities, functions and duties of Authority ......................................................................7\n6.\nMinister may give general directions ..........................................................................................9\n7.\nConstitution and responsibilities of Board of Authority .............................................................. 10\n8.\nMeetings of Board.................................................................................................................... 11\n9.\nDisclosure of director\u2019s interests .............................................................................................. 12\n10.\nDirector\u2019s pecuniary interests ................................................................................................... 13\nPART 3 - Personnel of Authority\n11.\nManaging Director and Deputy Managing Director ................................................................... 14\n12.\nFunctions, powers and duties of Managing Director ................................................................. 14\n13.\nOperational plan ...................................................................................................................... 15\n14.\nPower to employ staff, etc. ....................................................................................................... 15\n15.\nTransfer of public officers to Authority ...................................................................................... 15\n16.\nPension fund............................................................................................................................ 16\n\nArrangement of Sections\nNational Roads Authority Act(2024 Revision)\n\nPage 4\nRevised as at 31st December, 2023\nc\n\n17.\nMedical care for employees of Authority and applicability of Health Insurance Act (2021\nRevision) ................................................................................................................................. 16\nPART 4 - Financial Provisions\n18.\nDiscontinuance of Roads Development Fund and establishment of Road Fund ....................... 17\n19.\nRevenue to be placed into Road Fund and transferred to the Authority to fund its\noperating costs ........................................................................................................................ 17\n20.\nUtilisation of Road Fund .......................................................................................................... 18\n21.\nPublic roads to be assets of Government ................................................................................. 18\n22.\nLevying and collection of user charges .................................................................................... 19\n23.\nRevenue and resources of Authority ........................................................................................ 19\n24.\nFinancial year .......................................................................................................................... 20\n25.\nCapital and borrowing powers of Authority ............................................................................... 20\n26.\nApplicability of Public Management and Finance Act ............................................................... 20\n27.\nPower of Authority regarding funds, gifts, land, etc. ................................................................. 20\n28.\nAnnual payment to core government ....................................................................................... 21\nPART 5 - General\n29.\nDisposal of premises no longer required by Authority .............................................................. 21\n30.\nRegulations ............................................................................................................................. 22\n31.\nRules ....................................................................................................................................... 22\n32.\nImmunity .................................................................................................................................. 22\n33.\nIndemnity ................................................................................................................................. 23\n34.\nSavings and transitional provisions .......................................................................................... 23\n35.\nValidation of transfer of funds to the Authority .......................................................................... 23\nSCHEDULE\n25\nProperty to be Vested in National Roads Authority\n25\nENDNOTES\n27\nTable of Legislation history: ............................................................................................................... 27\n\nNational Roads Authority Act (2024 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2023\nPage 5\n\nCAYMAN ISLANDS\n\nNATIONAL ROADS AUTHORITY ACT\n(2024 Revision)\n\nPART 1 - Preliminary\n1.\nShort title\n1.\nThis Act may be cited as the National Roads Authority Act (2024 Revision).\n2.\nInterpretation\n2.\nIn this Act \u2014\n\u201cAuthority\u201d means the National Roads Authority established under section 3;\n\u201cBoard\u201d means the board of directors of the Authority established under\nsection 7;\n\u201cchairperson\u201d means the chairperson of the Board;\n\u201ccore government\u201d, \u201cequity investment\u201d, \u201cexecutive assets\u201d and \u201cexecutive\nrevenue\u201d have the respective meanings assigned to those expressions by\nsection 2 of the Public Management and Finance Act (2020 Revision);\n\u201cdeputy chairperson\u201d means the deputy chairperson of the Board;\n\u201cDeputy Managing Director\u201d means the person appointed as such under\nsection 11(2);\n\u201cdirector\u201d means a member of the Board appointed under section 7(4);\n\u201cdriver\u2019s licence\u201d has the meaning assigned to it by section 2 of the Traffic Act,\n(2023 Revision)\n\nSection 2\nNational Roads Authority Act (2024 Revision)\n\nPage 6\nRevised as at 31st December, 2023\nc\n\n\u201cExecutive Secretary\u201d means the executive secretary of the Authority\nappointed under section 7(6);\n\u201cfinancial year\u201d means a year ending on the 30th June;\n\u201cfunds\u201d includes monies, stocks, shares and other securities;\n\u201cManaging Director\u201d means the person appointed as such under section 11(1);\n\u201cMinister\u201d means the Member of Cabinet for the time being charged with\nresponsibility for Infrastructure in accordance with section 54 of the Cayman\nIslands Constitution Order 2009[UKSI 1379 of 2009];\n\u201cproperty\u201d includes \u2014\n(a)\nmoney, goods, things in action, land and every description of property,\nwhether real or personal; and\n(b) obligations, easements and every description of estate, interest and profit,\npresent or future, vested or contingent, arising out of or incident to property\nas defined in paragraph (a);\n\u201cPublic Management and Finance Act\u201d means the Public Management and\nFinance Act (2020 Revision);\n\u201cpublic officer\u201d has the meaning assigned to that expression in the Constitution;\n\u201cpublic road\u201d means a road which \u2014\n(a)\nis maintained at public expense; or\n(b) is dedicated in that capacity to the use of the public as of right,\nand which, in either event, is declared by the Cabinet to be a public road under\nthe Roads Act (2005 Revision); and, for the purposes of section 21, \u201cpublic\nroad\u201d includes the land on which the road is built;\n\u201croad\u201d includes the carriageway, waterways, bridges, culverts and fordings on\nthe edge of the road, and the land on each side of the carriageway and waterways\nup to the boundary of the road; but does not include a mosquito control trail\nother than to the extent to which any such trail is declared to be a public road\nunder the Roads Act (2005 Revision);\n\u201cRoad Fund\u201d means the road fund established under section 18;\n\u201croad user charge\u201d means a charge imposed in relation to the use of a public\nroad; and\n\u201cRoads Development Fund\u201d means the fund established for the purpose of\ndeveloping roads, under a motion of the Cayman Islands Parliament passed on\nthe 11th March, 1998.\n\nNational Roads Authority Act (2024 Revision)\nSection 3\n\nc\nRevised as at 31st December, 2023\nPage 7\n\nPART 2 - Establishment and Administration of National Roads\nAuthority\n3.\nEstablishment of National Roads Authority and vesting of property\n3.\n(1) There is established the National Roads Authority having the responsibilities,\nfunctions, powers and duties conferred or imposed upon it by this Act and any\nother law.\n(2) The Authority shall be a body corporate having perpetual succession and a\ncommon seal and, subject to this Act, shall have power to buy, sell, hold, deal\nand otherwise acquire and dispose of land and other property of any kind and to\nenter into contracts and to do all things necessary or desirable for the purposes\nof its responsibilities, functions, powers and duties.\n(3) The Authority may sue and be sued in its corporate name and it shall have\nexclusive right to use the name \u201cNational Roads Authority\u201d.\n(4) The Authority shall establish and maintain its head office and principal place of\nbusiness within the Islands, and shall cause details thereof to be gazetted, and\nservice of all documents on the Authority shall be deemed to be effective if\ndelivered at the head office.\n(5) The property belonging to the Government specified in the Schedule shall, on\nthe 1st July, 2004 vest in the Authority without further assurance.\n4.\nUse of seal and authentication of documents\n4.\n(1) The seal of the Authority shall be authenticated by the chairperson or deputy\nchairperson and one other director of the Board authorised to act in that behalf\nand shall be judicially noticed.\n(2) The Authority may, by resolution, appoint an officer of the Authority or any\nother agent either generally or in a particular case to execute or sign on behalf\nof the Authority any agreement or other instrument not under seal in relation to\nany matter coming within the powers of the Authority.\n5.\nResponsibilities, functions and duties of Authority\n5.\n(1) The Authority shall be responsible for the administration, management, control,\ndevelopment and maintenance of public roads and related facilities.\n(2) For the purposes of subsection (1), the Authority shall \u2014\n(a)\nplan, design, construct, develop, maintain, protect and administer public\nroads and related road works;\n(b) subject to the Electricity Act (2008 Revision), be responsible for ensuring\nthe installation, repair, maintenance and operation of works for the supply,\ntransmission and distribution of electricity in relation to public roads\n\nSection 5\nNational Roads Authority Act (2024 Revision)\n\nPage 8\nRevised as at 31st December, 2023\nc\n\n(including street lighting) in accordance with standards required by the\nAuthority;\n(c)\nbe responsible for ensuring the repair or restoration of public roads that\nhave been opened or broken up under the Electricity Act (2008 Revision)\nor any other law, and the repair or restoration of such public roads shall be\nin accordance with standards required by the Authority;\n(d) maintain and preserve such records relating to its functions as it considers\nexpedient;\n(e)\nmaintain and update a list of public roads;\n(f)\ncarry out, on a permanent basis, such necessary engineering, traffic and\neconomic studies as it may consider necessary for the maintenance and\nimprovement of public roads;\n(g) implement a maintenance management system for planning, organising,\ndirecting and controlling routine and periodic maintenance activities\nperformed by employees of the Authority or through independent\ncontractors;\n(h) carry out, either by its employees or through contracts with qualified\nconsultants, location and design studies (including right-of-way\nrequirements) necessary for proposed public road improvement or\nrehabilitation projects and prepare corresponding construction plans,\nspecifications, cost estimates and other documents required for proper\ntendering of the proposed works;\n(i)\nsubject to any law for the time being in force, tender, let and administer\ncontracts for public road improvement and rehabilitation projects and for\npublic road maintenance activities for which contracting is considered by\nthe Authority to be cost effective or otherwise advantageous;\n(j)\ncarry out, either through its employees or through independent contractors,\nthe necessary routine periodic and emergency public road maintenance\nactivities in accordance with the service level of maintenance established\nfor each class or type of public road;\n(k) keep adequate records and operate a management information system\nwhich provides the managers with timely and accurate information on\ncommitments and expenditure for works and services for which the\nmanagers are responsible;\n(l)\ncarry out a comprehensive continuing programme of professional staff\ndevelopment and appropriate skills training for non-professional staff;\n(m) establish and operate facilities for the testing of materials in connection\nwith the construction and the maintenance of public roads;\n(n) supervise work contracted out under this Act;\n(o) operate public road management systems;\n\nNational Roads Authority Act (2024 Revision)\nSection 6\n\nc\nRevised as at 31st December, 2023\nPage 9\n\n(p) acquire, hire and improve property required for the exercise and\nperformance of the responsibilities, powers, duties and functions of the\nAuthority and to dispose of such property, provided that the Authority may\nonly acquire or dispose of immovable property with the consent of the\nCabinet and subject to the provisions of the Governor (Vesting of Lands)\nAct (2005 Revision);\n(q) set operational priorities with regard to construction, upgrading,\nrehabilitation and maintenance of public roads;\n(r)\nprovide to the Minister advice on \u2014\n(i)\nthe adequacy of the funding provided to the Authority from the Road\nFund for financing the maintenance and construction of public roads;\n(ii) the need to develop new, or abolish or amend existing, financing\ninstruments for the Road Fund; and\n(iii) the optimal level of Authority revenue from the Road Fund in the\ncontext of other revenue sources of the Authority; and\n(s)\nperform such other responsibilities, functions and duties as may be\nassigned to it by this or any other law.\n(3) Without prejudice to subsections (1) and (2), the Authority has power to carry\non any activity which appears to it to be requisite, advantageous or convenient\nfor or in connection with the performance of its responsibilities, functions or\nduties.\n(4) The Authority shall perform its responsibilities, functions and duties through the\nManaging Director.\n(5) The Board shall issue, to the Managing Director, policy directions with respect\nto any matters for which the Managing Director has responsibility under this\nAct.\n6.\nMinister may give general directions\n6.\n(1) The Minister may, after consultation with the Board, give such general and\nlawful directions in written form as to the policy to be followed by the Authority\nin the performance of its responsibilities, functions and duties, and the Board\nshall give effect to such directions.\n(2) Any direction given or decision made by the Minister which affects the\nmembers of the public and which is not of an internal or administrative nature,\nshall be published in the Gazette; but no such direction shall apply in respect of\na matter pending before the Authority on the day on which the directions are\npublished.\n\nSection 7\nNational Roads Authority Act (2024 Revision)\n\nPage 10\nRevised as at 31st December, 2023\nc\n\n7.\nConstitution and responsibilities of Board of Authority\n7.\n(1) The Authority shall have a board of directors which shall be responsible for the\npolicy and general administration of the affairs and business of the Authority.\n(2) Without prejudice to subsection (1), the Board shall be responsible for \u2014\n(a)\nsecuring the effective implementation of the responsibilities, functions and\nduties of the Authority;\n(b) overseeing the effective performance of the Authority; and\n(c)\nsetting operational priorities with regard to construction, upgrading,\nrehabilitation and maintenance of public roads.\n(3) The Board shall have power to \u2014\n(a)\nact by sub-committee; and\n(b) delegate any of its daily administrative duties and powers from time to\ntime to such sub-committees and to any of their own number and to the\nemployees and agents of the Authority,\nexcept that where the Board sets up a sub-committee which consists of members\nother than directors and employees of the Authority, it may only act or delegate\nits duties or powers to such sub-committee with the approval of the Cabinet.\n(4) The Board shall consist of not less than nine nor more than eleven directors\nof whom \u2014\n(a)\none, not being a public officer, shall be chairperson;\n(b) one, not being a public officer, shall be deputy chairperson;\n(c)\none shall be the chief officer of the Ministry responsible for roads or that\nperson\u2019s nominee;\n(d) one shall be the Financial Secretary or that person\u2019s nominee;\n(e)\nthree shall be individuals who have demonstrated to the satisfaction of the\nCabinet substantial knowledge of and experience in one or more of the\nfollowing areas \u2014\n(i)\ntourism;\n(ii) law; and\n(iii) environmental matters; and\n(f)\nthe others shall be not less than two but not more than four individuals,\none of whom shall be from Cayman Brac or Little Cayman,\nto be appointed for not less than three years by the Cabinet, but who shall hold\noffice at its pleasure.\n(5) An individual appointed to be a director under subsection (4)(e) or (f) shall hold\noffice for a term of not more than three years and shall be eligible for reappointment.\n\nNational Roads Authority Act (2024 Revision)\nSection 8\n\nc\nRevised as at 31st December, 2023\nPage 11\n\n(6) The Board shall appoint an individual (not being a director) to be the Executive\nSecretary of the Authority, who shall be answerable to the Board for that\nperson\u2019s acts and decisions, be a full time officer and employee of the Authority\nand render their services exclusively to the Authority.\n(7) The Executive Secretary \u2014\n(a)\nshall be present at all meetings of the Board and its sub-committees and\nshall take minutes of the business transacted;\n(b) shall carry out the administrative work of the Board and its subcommittees;\nand\n(c)\nshall provide the secretarial support for the Board, including the\ndistribution of minutes, the coordination of meetings and the\ncommunication of decisions for action to the members of the Board and its\nsub-committees.\n(8) The Board shall be deemed to be properly constituted notwithstanding that there\nis a vacancy in the office of chairperson, deputy chairperson or any other\ndirector.\n(9) There shall be paid to any director (other than a public officer) appointed such\nremuneration as the Cabinet may determine.\n(10) The Cabinet shall terminate the appointment of any director who \u2014\n(a)\nresigns that director\u2019s office;\n(b) becomes of unsound mind or incapable of carrying out that director\u2019s\nduties;\n(c)\nbecomes bankrupt or suspends payment to or compounds with that\ndirector\u2019s creditors;\n(d) is convicted in the Islands or elsewhere of any offence involving\ndishonesty or fraud;\n(e)\ncommits the offence of serious misconduct in relation to that director\u2019s\nduties;\n(f)\nis absent without leave of the chairperson from three consecutive Board\nmeetings; or\n(g) fails to comply with that director\u2019s obligations under section 9.\n(11) If any director dies, resigns or otherwise vacates that director\u2019s office before the\nexpiry of the term for which that director has been appointed, another person\nmay be appointed by the Cabinet for the unexpired period of the term of office\nof the director in whose place that person is appointed.\n8.\nMeetings of Board\n8.\n(1) The chairperson of the Board shall summon regular meetings of the Board as\noften as may be required but not less than ten times in any one year.\n\nSection 9\nNational Roads Authority Act (2024 Revision)\n\nPage 12\nRevised as at 31st December, 2023\nc\n\n(2) Meetings of the Board shall be held at such places, on such days and at such\ntimes as the chairperson shall determine, and due notice of such place, date and\ntime shall be given to each director in writing at least seven days before the time\nat which the meeting is to be held.\n(3) The chairperson may, at any time, call a special meeting of the Board within\ntwo days of receipt of request for that purpose addressed to the chairperson in\nwriting and signed by any three directors.\n(4) The chairperson may, at any time, in exceptional circumstances, call a special\nmeeting of the Board.\n(5) A meeting of the Board shall be presided over by \u2014\n(a)\nthe chairperson;\n(b) in the absence of the chairperson, the deputy chairperson; or\n(c)\nin the absence of both the chairperson and deputy chairperson, such\ndirector as the directors present elect to act as chairperson at that meeting.\n(6) The quorum of the Board shall be a majority of the appointed directors.\n(7) Every question or matter to be determined by the Board at any meeting shall be\ndecided by a majority of the votes of the directors present and voting on the\nquestion or matter and, in the event of any equal division of votes on any\nquestion or matter, the person presiding at the meeting shall give a second or\ncasting vote.\n(8) The decisions, resolutions, orders, policies and rules made by the Board shall be\nrecorded in the minutes and kept by the Executive Secretary; and the Board shall\ncause any decision, resolution, order, policy or rule which affects the members\nof the public to be published in the Gazette, in a website or in a newspaper of\nthe Islands.\n9.\nDisclosure of director\u2019s interests\n9.\n(1) If a director has any pecuniary interest, direct or indirect, in any contract,\nproposed contract, licence or other matter and is present at a meeting of the\nBoard at which any of the foregoing is to be considered, that director shall, at or\nbefore the meeting or before the matter is considered, disclose the fact and shall\nleave the meeting for the duration of and not take part in the consideration or\ndiscussion of or vote on the matter.\n(2) Any director who fails to comply with subsection (1) commits an offence and is\nliable \u2014\n(a)\non summary conviction, to a fine of five thousand dollars and to\nimprisonment for six months; and\n(b) on conviction on indictment, to a fine of ten thousand dollars and to\nimprisonment for two years,\n\nNational Roads Authority Act (2024 Revision)\nSection 10\n\nc\nRevised as at 31st December, 2023\nPage 13\n\nunless the director proves that the said director did not know that the matter in\nwhich that person had a pecuniary interest was the subject of consideration at\nthat meeting.\n(3) A disclosure under subsection (1) shall be recorded in the minutes of the Board\nmeetings.\n(4) No act or proceeding of the Board shall be questioned on the ground that a\ndirector contravened this section.\n(5) This section does not apply to an interest in a contract or licence or proposed\ncontract or licence or other matter which a director has as a member of the public\nor to an interest in any matter relating to the terms on which the right to\nparticipate in any service is offered to the public.\n10.\nDirector\u2019s pecuniary interests\n10. (1) For the purposes of section 9, a director shall be treated as having an indirect\npecuniary interest in a contract, proposed contract, licence or other matter if \u2014\n(a)\nthat director or any nominee of that director is a member of a company or\nother body which has a direct or indirect pecuniary interest in the contract,\nproposed contract, licence or other matter under consideration;\n(b) that director is a partner, or in the employment of a person with whom the\ncontract was made or is proposed to be made, or who has a direct or\nindirect pecuniary interest in the contract, proposed contract, licence or\nother matter under consideration; or\n(c)\nthat director or any partner of that director is a professional adviser to a\nperson who has a direct or indirect pecuniary interest in a contract,\nproposed contract, licence or other matter under consideration.\n(2) Subsection (1) does not apply to membership of, or employment by, any public\nbody.\n(3) In the case of married persons, or persons in a civil partnership, the interest of\none spouse or civil partner shall be deemed, for the purpose of section 9, to be\nalso the interest of the other.\n(4) The Cabinet may, subject to such conditions as it may think fit, appoint persons\nto act as directors for any specified period, in any case in which the number of\ndirectors disabled by section 9 at any one time would be so great a proportion\nof the whole as to impede the transaction of business by the Board.\n\nSection 11\nNational Roads Authority Act (2024 Revision)\n\nPage 14\nRevised as at 31st December, 2023\nc\n\nPART 3 - Personnel of Authority\n11.\nManaging Director and Deputy Managing Director\n11. (1) The Board shall appoint such individual to be the Managing Director of the\nAuthority, at such remuneration and on such terms and conditions as the Board\nmay think fit.\n(2) The Board shall appoint such individual to be the Deputy Managing Director of\nthe Authority, at such remuneration and on such terms and conditions as the\nBoard may think fit.\n(3) The Managing Director and the Deputy Managing Director shall be answerable\nto the Board for their respective acts and decisions, shall both be full time\nofficers and employees of the Authority and shall render their services\nexclusively to the Authority.\n(4) In the Managing Director\u2019s absence or inability to fulfil that person\u2019s duties, the\nDeputy Managing Director shall discharge the duties and functions of the\nManaging Director during the period of that person\u2019s absence or disability.\n12.\nFunctions, powers and duties of Managing Director\n12. (1) The Managing Director shall be the principal executive officer of the Authority\nentrusted with the day to day management and administration to the extent of\nthe authority delegated to that person by the Board.\n(2) The Managing Director shall manage road operations and procurement on\nbehalf of the Authority, subject to the directions of the Board, and to this end\nshall \u2014\n(a)\noversee the technical operations of the Authority related to planning,\ndemand\nforecasting,\nconstruction,\nupgrading,\nrehabilitation\nor\nmaintenance;\n(b) procure and conclude contracts on behalf of the Authority subject to\napproval by the Board;\n(c)\nmonitor the operations of persons administering road user charges;\n(d) establish, maintain and update an asset register of the Authority;\n(e)\nsupervise the development and implementation of a human resources plan\nwhich shall include but not be limited to succession planning and retraining within a defined organisational structure, and appoint staff of the\nAuthority in accordance with the plan;\n(f)\nsupervise communication and marketing campaigns aimed at sensitising\nroad users and the general public to the role of roads in economic\ndevelopment and the activities of the Authority; and\n(g) supervise research with regard to any aspect related to the implementation\nof this Act, including technical standards in respect of \u2014\n\nNational Roads Authority Act (2024 Revision)\nSection 13\n\nc\nRevised as at 31st December, 2023\nPage 15\n\n(i)\ninfrastructure planning, land use planning and design;\n(ii) materials testing; and\n(iii) road and bridge construction.\n13.\nOperational plan\n13. The Managing Director shall perform that person\u2019s responsibilities, functions and\nduties in accordance with an operational plan approved by the Board, which shall \u2014\n(a)\nspecify a three year public roads development programme, including \u2014\n(i)\nconstruction programmes for new public roads; and\n(ii) maintenance, rehabilitation and upgrading programmes in respect of\nexisting public roads;\n(b) specify a procurement plan relating to such development programme; and\n(c)\nspecify a human resources plan for the Authority with a defined\norganisational structure for the purpose of giving effect to paragraph (a).\n14.\nPower to employ staff, etc.\n14. (1) The Board may employ, at such remuneration and on such terms and conditions\nas may be approved, from time to time, by the Board, such employees and\nengage under contract for services such professional, technical or other\nassistance, as it considers necessary to carry out its functions.\n(2) Subject to this Act, the Board shall determine the executive, management and\nadministrative structure of the Authority for the necessary and proper discharge\nof the duties, responsibilities and functions of the Authority including, without\nlimitation, the delegation of functions to directors and employees and to subcommittees of the Board.\n(3) The Board shall also determine \u2014\n(a)\nthe professional qualifications and requirements of the employees of the\nAuthority and persons under contracts for services with the Authority;\n(b) the terms and conditions of employment and contracts for services with\nthe Authority; and\n(c)\ndisciplinary procedures for employees of and for persons under contracts\nfor services with the Authority.\n15.\nTransfer of public officers to Authority\n15. (1) A person who is a public officer immediately before the 1st July, 2004 may, on\nor after that date, be offered employment by the Authority and, if that person\naccepts the offer, shall become an employee of the Authority on the same terms\nand conditions as those applicable to that person on the day immediately\npreceding such date except \u2014\n\nSection 16\nNational Roads Authority Act (2024 Revision)\n\nPage 16\nRevised as at 31st December, 2023\nc\n\n(a)\nto the extent other terms and conditions are agreed between such employee\nand the Authority; and\n(b) that disciplinary matters shall be dealt with in accordance with the Labour\nAct (2021 Revision) and the disciplinary rules and procedures of the\nAuthority and not under General Orders.\n(2) Pension arrangements and medical benefits relating to any employee specified\nunder subsection (1) shall be subject to sections 16 and 17 respectively.\n(3) The Cabinet may, subject to such conditions as it may impose, approve the\nappointment of any public officer in the service of Government by way of\nsecondment to any office with the Authority, and any public officer so appointed\nshall, in relation to discipline, salary, pension, gratuity or other allowance and\nto other rights and obligations as a public officer, be treated as continuing in the\nservice of Government.\n16.\nPension fund\n16. (1) The Authority shall subscribe to the Public Service Pensions Fund in accordance\nwith the Public Service Pensions Act (2023 Revision) for the payment of\npensions to all employees of the Authority.\n(2) Notwithstanding subsection (1) \u2014\n(a)\nwhere an employee transferred in accordance with section 15(1) is entitled\nto a contracted officer\u2019s supplement the Authority shall not subscribe to\nthe Public Service Pensions Fund in respect of such employee during the\nperiod in which the employee remains entitled to such supplement;\n(b) with respect to employees employed by the Authority after the 1st July,\n2004 and who have not been transferred in accordance with this Act, the\nAuthority has the option of subscribing to the Public Service Pensions\nFund or of creating and maintaining or subscribing to a fund in accordance\nwith the provisions of the National Pensions Act (2024 Revision); and\n(c)\nthe Authority shall not subscribe to any fund in respect of those employees\nwho are employed under contracts which are six months or less in duration.\n(3) The Authority shall be considered to be an employer for the purposes of the\nPublic Service Pensions Act (2023 Revision), and an employee transferred in\naccordance with section 15(1) shall not be considered to have retired from\nService for the purposes of that Act.\n17.\nMedical care for employees of Authority and applicability of Health Insurance\nAct (2021 Revision)\n17. The Health Insurance Act (2021 Revision) shall apply to the Authority except that \u2014\n(a)\nthe Authority may elect to provide free or subsidised medical benefits in\nlieu of, or in addition to, insurance coverage under that Act; and\n\nNational Roads Authority Act (2024 Revision)\nSection 18\n\nc\nRevised as at 31st December, 2023\nPage 17\n\n(b) any person described in section 15(1) shall, unless otherwise notified by\nthe Authority, be entitled to receive from the Authority the medical\nbenefits provided to that person on the day preceding that person\u2019s transfer\nto the Authority.\nPART 4 - Financial Provisions\n18.\nDiscontinuance of Roads Development Fund and establishment of\nRoad Fund\n18. (1) Subject to section 34(5), (6) and (7), the Roads Development Fund is\ndiscontinued with effect from the 1st July, 2004.\n(2) There is hereby established within the core government a fund, to be called the\n\u201cRoad Fund\u201d.\n19.\nRevenue to be placed into Road Fund and transferred to the Authority to\nfund its operating costs\n19. (1) The Cabinet, with effect from 1st January 2022, shall authorise the transfer of\nrevenue not exceeding fourteen million dollars, to the Authority, via the Road\nFund, for the purpose of funding the Authority\u2019s annual operating cost, in\nparticular, the construction, upgrading, rehabilitation and maintenance of public\nroads.\n(2) The revenue, referred to in subsection (1), shall be comprised of \u2014\n(a)\none hundred per cent of the fuel import duty charged, collected and paid\nunder the Customs Tariff Act (2023 Revision), on gasoline and diesel used\nby motor vehicles (excluding fuel import duties for diesel consumed by\nCaribbean Utilities Company); and\n(b) one hundred per cent of the fees collected and paid under the Traffic\nRegulations (2022 Revision), on motor vehicle drivers\u2019 licences,\nand, upon being collected by the government, the revenue shall be transferred\nto the Authority via the Road Fund.\n(3) The Cabinet may by regulations, amend \u2014\n(a)\nsubsection (1) (in respect of the limit on the amount of revenue to be\ntransferred to the Authority from the two sources of revenue referred to in\nsubsection (2));\n(b) subsection (2) (in respect of the sources from which the amount of revenue\nreferred to in subsection (1) will be derived); or\n(c)\nboth subsections (1) and (2).\n(4) Regulations made under subsection (3) are subject to negative resolution of the\nCayman Islands Parliament.\n\nSection 20\nNational Roads Authority Act (2024 Revision)\n\nPage 18\nRevised as at 31st December, 2023\nc\n\n(5) Where the Cabinet varies the revenue referred to in subsection (1), by\nregulations made under subsection (3), the increase or decrease in revenue, shall\nbe transferred in accordance with subsections (6) or (7) respectively.\n(6) Where the variation of revenue by the Cabinet, referred to in subsection (5),\nresults in an increase in the revenue referred to in subsection (1), the increase\nshall be transferred to the Authority via the Road Fund.\n(7) Where the variation of revenue by the Cabinet, referred to in subsection (5),\nresults in a decrease in the revenue referred to in subsection (1), any excess\nrevenue shall be transferred from the Road Fund to the general revenue of the\nIslands.\n(8) Where the revenue in the Road Fund, generated from the two direct sources of\nfunding for the Authority\u2019s operating costs referred to in subsection (2), exceeds\nthe revenue approved by the Cabinet for the purpose set out in subsection (1),\nthe excess revenue shall be transferred from the Road Fund to the general\nrevenue of the Islands.\n20.\nUtilisation of Road Fund\n20. (1) The Road Fund shall be used by the Cabinet to transfer the revenue referred to\nin section 19(1) to the Authority to fund the Authority\u2019s annual operating costs\nand to be applied in particular to the construction, upgrading, rehabilitation and\nmaintenance of public roads.\n(2) The Road Fund shall be used for any other purpose provided for under this Act\nand approved by the Cabinet, the Cayman Islands Parliament or both, including\nthe purposes referred to in section 23, without prejudice to the prescribed use of\nthe Road Fund in subsection (1).\n(3) The revenue collected from fuel import duties on gasoline and diesel used by\nmotor vehicles and the fees from motor vehicle drivers\u2019 licences, for the period\ncommencing on 1st July, 2014 and the ending on 30th June, 2015, inclusive,\nshall be allocated to the Road Fund and transferred to the Authority in monthly\ninstallments, with payments commencing from September, 2014, for the\npurpose specified in subsection (1)\n21.\nPublic roads to be assets of Government\n21. Any public road existing at the 1st July, 2004 and any public road constructed by the\nAuthority from money appropriated from the Road Fund shall be an asset of the\nGovernment and accounted for in the financial statements of the core government in\naccordance with the Public Management and Finance Act (2020 Revision).\n\nNational Roads Authority Act (2024 Revision)\nSection 22\n\nc\nRevised as at 31st December, 2023\nPage 19\n\n22.\nLevying and collection of user charges\n22. (1) Subject to the approval of the Cabinet, the Authority may levy and collect a road\nuser charge on users of public roads, provided that the amount of the road user\ncharge \u2014\n(a)\nis directly related to the amount of usage of roads by the users concerned;\n(b) is determined in a transparent and equitable manner; and\n(c)\nis regularly reviewed for accuracy and equity.\n(2) Before levying a road user charge in accordance with subsection (1), the\nAuthority shall publish in the Gazette a notice specifying \u2014\n(a)\nthe amount of the proposed road user charge;\n(b) the classes of vehicles to be charged with reference to the amount of the\nproposed road user charge;\n(c)\nthe classes of vehicles, if any, to be exempted from the proposed road user\ncharge;\n(d) the manner in which the proposed road charge is to be paid; and\n(e)\nthe date on which the levying of the proposed road charge is to commence.\n(3) The notice referred to in subsection (2), shall be published at least three months\nprior to the date on which the levying of the road user charge is to commence.\n(4) The Authority may authorise any other person to collect a road user charge on\nits behalf in the manner which the Authority deems fit.\n23.\nRevenue and resources of Authority\n23. (1) The revenue and resources of the Authority shall be comprised of \u2014\n(a)\nsuch monies as may be appropriated by law for the purposes of the\nAuthority, including those from the Road Fund;\n(b) road user charges collected by the Authority in accordance with section 22;\n(c)\ngifts or bequests received by the Authority in accordance with section 27;\n(d) other monies paid and property provided to the Authority by way of grants,\nrent, interest and other income derived from the investment of the\nAuthority\u2019s funds;\n(e)\nmonies derived from the disposal of or dealing with real or personal\nproperty held by the Authority;\n(f)\nmonies borrowed by the Authority in accordance with this Act; and\n(g) any property lawfully received or made available to the Authority.\n(2) Subject to this Act, monies appropriated by the Cayman Islands Parliament for\nthe purposes of the Authority, any income derived from fees and any other\n\nSection 24\nNational Roads Authority Act (2024 Revision)\n\nPage 20\nRevised as at 31st December, 2023\nc\n\nincome of the Authority shall be held and applied to furthering the purposes of\nthe Authority in such manner as the Authority may think fit.\n(3) Monies appropriated by the Cayman Islands Parliament for the purposes of the\nAuthority shall be applied by the Authority in accordance with the terms of the\nappropriation.\n24.\nFinancial year\n24. The financial year of the Authority shall end on the 30th June.\n25.\nCapital and borrowing powers of Authority\n25. (1) The Authority shall have the power to borrow for or in connection with the\nperformance of its responsibilities, functions and duties.\n(2) In accordance with a resolution of the Cayman Islands Parliament, the Cabinet\nmay guarantee the payment of the principal and interest on any authorised\nborrowings of the Authority.\n26.\nApplicability of Public Management and Finance Act\n26. (1) The Authority is a statutory authority as defined in section 2 of the Public\nManagement and Finance Act (2020 Revision) and accordingly the provisions\nof that Act apply, among other things, to \u2014\n(a)\nthe Authority\u2019s expenditure budget for each financial year; and\n(b) the preparation, maintenance, auditing and publication of the Authority\u2019s\naccounts.\n(2) Where the exercise of any power conferred by or under this Act would be\ninconsistent with the exercise of a power conferred by or under the Public\nManagement and Finance Act (2020 Revision), the Public Management and\nFinance Act (2020 Revision) shall to the extent of the inconsistency prevail over\nthis Act.\n27.\nPower of Authority regarding funds, gifts, land, etc.\n27. (1) Subject to section 21, the Authority shall have power \u2014\n(a)\nto receive all funds or gifts in kind given or bequeathed to the Authority,\nor to the Government for the purposes of the Authority, or given or\nbequeathed by words showing an intention that the funds or gifts should\ninure to or for the benefit of the Authority; and\n(b) to acquire by purchase, gift or demise, and hold in their corporate capacity,\nwith the previous sanction in each case of the Cabinet but not otherwise,\nany land in the Islands required to further the purposes of the Authority.\n(2) Subject to this Act, the Authority shall apply all such funds or gifts specified in\nsubsection (1)(a) or, if such funds are invested, the income derived therefrom,\n\nNational Roads Authority Act (2024 Revision)\nSection 28\n\nc\nRevised as at 31st December, 2023\nPage 21\n\nto furthering the purposes of the Authority in such manner as the Authority\nthinks fit.\n(3) The powers conferred by subsection (1) shall not be exercised in any manner\ninconsistent with any condition or action imposed or given by the donor or\ntestator with respect to such fund or gift.\n(4) The following shall have effect with respect to funds received by the Authority\nby way of gift or bequest for the purposes of the Authority \u2014\n(a)\nthe Authority may invest liquid funds in such bank deposits or similar\nfinancial instruments as the Authority may determine, and shall so invest\nany such funds that are given or bequeathed for the endowment of the\nAuthority;\n(b) the Authority may realise any funds that are in a state of investment, and\nany funds so realised which are given or bequeathed for the endowment of\nthe Authority shall, as soon as may be practicable or expedient, be\nreinvested by the Authority; and\n(c)\nfunds which, when received by the Authority, are in any investment, may\nbe retained by the Authority in that investment.\n28.\nAnnual payment to core government\n28. (1) Any annual payment of the Authority to the core government shall be calculated\nby a formula determined by the Financial Secretary after consultation with the\nAuthority and the Minister, and the balance shall be carried forward to the\naccount of the Authority.\n(2) No receipts under section 23(1)(f) shall be taken into account in calculating the\namount of any annual payment into the general revenue of the Islands under\nsubsection (1).\nPART 5 - General\n29.\nDisposal of premises no longer required by Authority\n29. (1) The Authority shall each year review its requirements for premises, and any\npremises in the possession of the Authority which are no longer required for the\npurposes of the Authority shall be disposed of in accordance with this section.\n(2) Premises which were transferred to the Authority by the Government for no\nconsideration or for a nominal consideration shall be transferred by the\nAuthority to the Government for no consideration or for the same nominal\nconsideration, as the case may be.\n(3) Premises other than those to which subsection (2) applies shall be offered to the\nGovernment for purchase at a fair market value; and any appraisal of real\n\nSection 30\nNational Roads Authority Act (2024 Revision)\n\nPage 22\nRevised as at 31st December, 2023\nc\n\nproperty in relation to this subsection shall be made according to the principles\nof valuation used by the Ministry responsible for lands.\n(4) Where Government does not wish to purchase the premises offered to it under\nsubsection (3), it shall notify the Authority in writing within twenty-one days of\nthe receipt of the offer, after which the Authority may dispose of the premises\non the open market to the Authority\u2019s best advantage.\n30.\nRegulations\n30. (1) The Cabinet may, upon recommendation by the Authority, make regulations\nprescribing \u2014\n(a)\nsuch minimum standards for the maintenance of any public road as may,\nin the opinion of the Authority, be reasonably necessary in the national\ninterest to promote accessibility to any area in the Islands;\n(b) measures which are, in the opinion of the Authority, reasonably required\nin the management of public roads to cause the least possible disruption of\nthe environment, but subject to the provisions of any other law;\n(c)\nthe manner in which the Authority or the Board may execute or perform\nany responsibility, function, duty or power under this Act;\n(d) fees, or portions thereof, that are to be charged for any service provided by\nthe Authority including the repair or restoration of public roads under\nsection 5(2)(c); and\n(e)\nall other matters as may be necessary for giving full effect to this Act and\nfor its administration.\n(2) Any regulation made under this Act may provide for the imposition of a fine of\nfive thousand dollars and imprisonment for six months for any contravention of,\nor failure to comply with, such regulation.\n31.\nRules\n31. The Authority may, subject to this Act, make such rules as it thinks fit to regulate its\nown internal management.\n32.\nImmunity\n32. Neither the Authority, nor any director or employee of the Authority, shall be liable\nin damages for anything done or omitted in the discharge or purported discharge of\ntheir respective functions, responsibilities, powers and duties under this Act unless it\nis shown that the act or omission was in bad faith.\n\nNational Roads Authority Act (2024 Revision)\nSection 33\n\nc\nRevised as at 31st December, 2023\nPage 23\n\n33.\nIndemnity\n33. The Authority shall indemnify a director against all claims, damages, costs, charges\nor expenses incurred by that director in the discharge or purported discharge of that\ndirector\u2019s functions, responsibilities, powers and duties under this Act, except claims,\ndamages, costs, charges or expenses caused by the bad faith of that director.\n34.\nSavings and transitional provisions\n34. (1) Subject to this section, the Cabinet shall, on such conditions as the Cabinet may\ndetermine, transfer to the Authority such liabilities, rights or obligations, which\nrelate to or are connected with the management of roads by the Roads Section\nof the Public Works Department on the 30th June, 2004, as the Cabinet may\ndetermine.\n(2) Notwithstanding any provision to the contrary in any other Law or Act, the\nAuthority shall, with effect from the 30th June, 2004, be vested with the\nownership of the rights and be charged with the liabilities and obligations so\ntransferred or assigned to it.\n(3) A certificate issued by the Minister in which it is stated that any right described\nin such certificate has been transferred to the Authority pursuant to\nsubsection (1), shall be sufficient proof that the right so described vests in the\nAuthority.\n(4) The Authority shall be substituted as a contracting party in respect of any\nagreement transferred to the Authority pursuant to subsection (1), without such\nsubstitution bringing about a novation of such agreement.\n(5) On the 1st July, 2004, any amounts held in the Roads Development Fund shall\nbe transferred to and vest in the core government without further assurance, and\nthe core government shall have all powers necessary to take possession of,\nrecover and deal with, those amounts.\n(6) Where, immediately before the 1st July, 2004, any amount is owing to the Roads\nDevelopment Fund, such amount shall be deemed to be owing to the core\ngovernment, and when paid or collected, shall be credited to the Road Fund.\n(7) Where a document refers expressly or by implication to the Roads Development\nFund, the reference shall be construed as a reference to the Road Fund.\n35.\nValidation of transfer of funds to the Authority\n35. The transferal to the Authority of payments collected from customs duties and fees\n(in respect of fuel import duties and motor vehicle drivers\u2019 licences) prior to the 14th\nSeptember, 2015, in purported exercise of powers conferred by sections 19 and 20, is\nvalidated and is to be taken to have been lawfully transferred.\n\nNational Roads Authority Act (2024 Revision)\n\nSCHEDULE\n\nc\nRevised as at 31st December, 2023\nPage 25\n\n SCHEDULE\n(section 3(5))\nProperty to be Vested in National Roads Authority\nAny moveable property as may be agreed between the Cabinet and the Authority.\nPublished in consolidated and revised form authorised by the Cabinet this 30th day\nof January, 2024.\nKim Bullings\nClerk of Cabinet\n\nNational Roads Authority Act (2024 Revision)\n\nENDNOTES\n\nc\nRevised as at 31st December, 2023\nPage 27\n\nENDNOTES\nTable of Legislation history:\nSL #\nAct\/Law #\nLegislation\nCommencement\nGazette\n\n17\/2022\nNational Roads Authority (Amendment) Act, 2022\n29-Dec-2022\nLG52\/2022\/s3\n\n56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n35\/2020\nCivil Partnership Law, 2020\n4-Sep-2020\nLG64\/2020\/s1\n\nNational Roads Authority Law (2016 Revision)\n2-Sep-2016 GE69\/2016\/s17\n\n15\/2015\nNational Roads Authority (Amendment) Law, 2015\n1-Jul-2014\nG19\/2015\/s4\n\nNational Roads Authority Law (2006 Revision)\n24-Jul-2006\nG15\/2006\/s8\n\n15\/2004\nNational Roads Authority (Amendment) Law, 2004\n1-Jul-2004\nGE24\/2004\/s2\n\n10\/2004\nNational Roads Authority Law, 2004\n1-Jul-2004\nGE23\/2004\/s1\n\nENDNOTES\nNational Roads Authority Act (2024 Revision)\n\nPage 28\nRevised as at 31st December, 2023\nc\n\n(Price: $5.60)","akn_extracted_at":"2026-06-22 15:36:09.291145+00","cms_id":"2004-0010","law_type":"principal","year":"2004","number":"10","title":"National Roads Authority Act","status":"in_force"},"provenance":{"files":[{"file_id":"5647","expr_id":"584","kind":"akn_xml","filename":"2004-0010_2024 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2004\/2004-0010\/2004-0010_2024 Revision.akn.xml","content_md5":"033de7ec7c80d8af133db6f7bad93b59","byte_size":"51003","http_last_modified":null,"fetched_at":"2026-06-22 15:36:09.6913+00"},{"file_id":"1167","expr_id":"584","kind":"pristine_pdf","filename":"2004-0010_2024 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2004\/2004-0010\/2004-0010_2024 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2004\/2004-0010\/2004-0010_2024 Revision.pdf","content_md5":"e66cf3cbed84fdd992e5015d1edda5ce","byte_size":"1250980","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.394961+00"},{"file_id":"1168","expr_id":"584","kind":"working_pdf","filename":"2004-0010_2024 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2004\/2004-0010\/2004-0010_2024 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2004\/2004-0010\/2004-0010_2024 Revision.pdf","content_md5":"e66cf3cbed84fdd992e5015d1edda5ce","byte_size":"1250980","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.394961+00"}],"paragraph_count":27,"latest_history":null},"quality":{"expr_id":"584","doc_id":"584","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Extraction appears mostly intact but ends with possible pricing\/footer artifact; human review recommended to ensure completeness.","assessed_at":"2026-06-22 15:29:45.187+00","updated_at":"2026-06-22 15:29:45.187+00"}}