Cayman Islands Law Legislation & Treaties

Citation of Acts of Parliament Bill, 2020

Bill
Bill · 2020 · No. 62 · 2020-0062
Text — Citation of Acts of Parliament Bill, 2020

CITATION OF ACTS OF PARLIAMENT BILL, 2020 A BILL FOR A LAW TO AMEND LAWS WITH RESPECT TO THE CITATION OF LAWS CONSEQUENTIAL TO THE AMENDMENT OF THE CONSTITUTION; AND FOR INCIDENTAL AND CONNECTED PURPOSES

PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Portfolio of Legal Affairs (PLA)

Objects and Reasons

Memorandum of OBJECTS AND REASONS This Bill provides that after the commencement of the Cayman Islands Constitution (Amendment) Order 2020 (‘the Order”), “Laws” will be entitled as “Acts”. Clause 1 of the Bill provides for the short title and commencement of the legislation. Clause 2 provides the interpretation provisions. Clause 3 provides that the legislation and all enactments passed by the Parliament after the commencement of the legislation shall be styled as “Acts”. Clause 4 provides how Laws enacted before the commencement of the Order would be cited as Acts after the Order comes into force. Clause 5 provides how subordinate laws made before the commencement of the Order would be amended to take into account that primary laws would now be cited as Acts in subordinate laws.

Arrangement of Clauses

CITATION OF ACTS OF PARLIAMENT BILL,

Arrangement of Clauses Clause

Clause 1

CITATION OF ACTS OF PARLIAMENT BILL,

A BILL FOR A LAW TO AMEND LAWS WITH RESPECT TO THE CITATION OF LAWS CONSEQUENTIAL TO THE AMENDMENT OF THE CONSTITUTION; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Parliament of the Cayman Islands. Short title This Law may be cited — (a) before its commencement as the Citation of Acts of Parliament Law, 2020; and (b) after its commencement as the Citation of Acts of Parliament Act, 2020. Interpretation In this Act — “Act” means an Act of the Parliament of the Cayman Islands except where that reference was introduced into the laws of the Islands prior to the commencement day, in which case, in that reference “Act” shall mean an Act of the Parliament at Westminster and such references to Acts of Parliament shall be references to Acts of the United Kingdom Parliament;

Clause 3

“commencement day” means the day on which the Cayman Islands Constitution (Amendment) Order, 2020 came into force; “Parliament” means the Parliament of the Cayman Islands as established by the Cayman Islands Constitution (Amendment) Order, 2020; and “subordinate law” means legislation made pursuant to powers under a superior Law and includes regulations, rules, bye-laws, proclamations, orders, schemes, notifications, directions, notices and forms. Style of legislation This Act and all enactments passed by the Parliament after the commencement of this Act shall be styled “Acts”. Amendment of enactments (1) Each enactment that, before the commencement day, was a Law is amended by omitting from its short title the word “Law” and substituting the word “Act”. (2) Each enactment that — (a) before the commencement day, was a Law; and (b) contains a reference to the short title of another Law, is amended by omitting from that reference the word “Law” and substituting the word “Act”. (3) Each enactment before the commencement day that contains a reference to the short title of a Law is amended by omitting from that reference the word “Law” and substituting the word “Act”. (4) Each enactment before the commencement day that contains a reference to a particular Law otherwise than by its short title is amended by omitting from that reference the word “Law” and substituting the word “Act”. (5) Each enactment before the commencement day that contains a reference to a Law or Laws (not being a reference to a particular Law or Laws) is amended by omitting from that reference the word “Law” or “Laws” and substituting the word “Act” or “Acts”, as the case requires. (6) Where an enactment described in any of subsections (2) to (5) contains two or more references of the kind described in that subsection, that subsection has effect in relation to each of those references. (7) If a Law referred to in a particular enactment is not itself an enactment on the commencement day, the amendment effected by subsection (2), (3) or (4) takes effect, in relation to that reference, on the day on which that Law becomes an enactment.

Clause 5

Amendment of subordinate laws (1) Each subordinate law before the commencement day that contains a reference to the short title of a Law is amended by omitting from that reference the word “Law” and substituting the word “Act”. (2) Each subordinate law before the commencement day that contains a reference to a particular Law otherwise than by its short title is amended by omitting from that reference the word “Law” and substituting the word “Act”. (3) Each subordinate law before the commencement day that contains a reference to a Law or Laws (not being a reference to a particular Law or Laws) is amended by omitting from that reference the word “Law” or “Laws” and substituting the word “Act” or “Acts”, as the case requires. (4) Where a subordinate law described in any of subsections (1) to (3) contains two or more references of the kind described in that subsection, that subsection has effect in relation to each of those references. (5) If a Law referred to in a particular subordinate law is not an enactment on commencement day, the amendment effected by subsection (1) or (2) takes effect, in relation to that reference, on the day on which that Law becomes an enactment. Passed by the Parliament the day of , 2020. Speaker Clerk of the Parliament