{"kind":"expression","expression":{"expr_id":"2248","doc_id":"2248","label":"Defence Bill, 2020","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2020\/48\/eng@2020-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2020\/48\", \"expression\": \"\/akn\/ky\/bill\/2020\/48\/eng@2020-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2020\/48\/eng@2020-01-01.pdf\"}, \"pdf\": {\"md5\": \"96c61ee31960b15598a333d2647426fb\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0048\/2020-0048.pdf\", \"pages\": 45, \"filename\": \"2020-0048.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 14490, \"paragraph_count\": 64, \"text_char_count\": 90141}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-07-18\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"A BILL FOR A LAW TO PROVIDE FOR THE ESTABLISHMENT OF A REGIMENT FOR THE ISLANDS; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Governor\u2019s Office Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill would regulate the administration of the Cayman Islands Regiment. PART 1- PRELIMINARY Clause 1 provides the short title and commencement of the legislation. Clause 2 provides interpretation of words and terms used in the legislation. Clause 3 provides that a member of the Regiment may be required to perform military services, including training and non-combatant services, both in and outside of the Islands, at the direction of the Governor. Clause 4 provides for the continuation of the Regiment which is a reserve Force. Clause 5 sets out the duties of the Regiment. The Regiment will be responsible for \u2014 (a) the defence of the Islands; (b) providing humanitarian assistance and disaster relief; (c) assisting the Police Force and the Coast Guard when called upon to so by the Governor; and (d) such other duties as the Governor determines. In the performance of their duties, members of the Regiment may, with the authority of the Commanding Officer or the delegate of the Commanding Officer, carry firearms. Clause 6 provides for voluntary enlistment in the Regiment. As the Governor has constitutional powers for the defence of the Islands, clause 7 provides that in the exercise of the Governor\u2019s powers and duties under this legislation and any other enactment relating to matters of defence, including armed forces, the Governor shall act in the Governor\u2019s discretion. Clause 8 provides for the delegation of the Governor\u2019s functions under the legislation. Clause 8 provides that the Governor, acting in the Governor\u2019s discretion, may \u2014 (a) delegate functions under this legislation to the Deputy Governor; (b) delegate functions relating to the operations of the Regiment to any Minister after consultation with the Premier; and (c) by written notice to the Deputy Governor or to the Minister, at any time, revoke any functions so delegated. Objects and Reasons Introduced PART 2 \u2013 DEFENCE BOARD; DEFENCE MEDICAL OFFICER Clause 9 provides for the establishment of the Defence Board. It is proposed that the Governor shall, by notice, appoint annually a Board called the Defence Board which shall consist of such number of persons, being not less than five nor more than eleven, as the Governor may determine and such notice shall be published in the Gazette. Clause 10 provides that the Governor, in the exercise of the powers and duties of the Governor under the legislation and any other enactment which relates to matters of defence, the Governor may consult with or take the advice of the Board as the Governor thinks fit. However; notwithstanding that the Governor has consulted or taken the advice of the Board on any matter, the Governor may act in the Governor\u2019s discretion on such matter. Also, in accordance with clause 10, in the exercise of the Governor\u2019s delegated responsibilities for Regiment matters the Minister and the Deputy Governor may consult the Board. Clause 11 provides that the Governor may appoint a Defence Medical Officer whose duties include the examination of any person for the purposes of the legislation and such others duties as may be conferred or imposed under this or any other legislation. PART 3 - RECRUITMENT, ORGANIZATION, GOVERNMENT, TRAINING, PAY AND ALLOWANCES OF THE REGIMENT Clause 12 deals with the command of the Regiment. Clause 12 provides that the Governor shall appoint an officer, known as the Commanding Officer, who is a member of the Regiment in whom the command of the Regiment will be vested, and that officer will be responsible for the control and administration of the Regiment, subject to the Governor\u2019s directions and to the provisions of the legislation. Subject to the legislation and the Governor\u2019s Orders, the Commanding Officer may \u2014 (a) make standing orders for the control, administration and general government of the Regiment; and (b) issue a handbook, a code of practice or such other guidelines as Commanding Officer may see fit, for the guidance, government and regulation of members of the Regiment. Clause 13 empowers the Governor to make the Governor\u2019s Orders which will deal, among other things, with respect to the administration, recruitment, organization, government, training, pay and allowances of the Regiment and with respect to any matter and thing relating to the Regiment. Clause 14 provides for enlistment into the Regiment and the period of service. It is provided that a person who is of eighteen years of age or no more than fifty years of age and who is \u2014 (a) a Commonwealth or Irish citizen, who is a permanent resident of the Cayman Islands in accordance with the Immigration (Transition) Law, 2018; or (b) a British Overseas Territories citizen or a British citizen, Objects and Reasons Introduced and is either a Caymanian or a permanent resident within the meaning of the Immigration (Transition) Law, 2018, may be enlisted into the Regiment in such manner and subject to such conditions as are provided under this Law and as prescribed. Upon enlistment, a soldier shall serve a minimum period of two years and an officer a minimum period of three years. The Governor, may consult the Premier and may, in the Governor\u2019s discretion, allow persons not meeting the requirements of this clause to be enlisted into the Regiment if the Governor considers this to be in the best interests of the Regiment. PART 4 - COMMISSIONS Clause 15 provides for the issue of commissions by the Governor. Clause 15 also provides that Governor\u2019s Orders may be made respecting the commissioning of officers, their terms of service, appointment, transfer, promotion, retirement, resignation, removal from office, and such other matters concerning officers as the Governor considers necessary. Clause 16 provides how commissions may be relinquished. Clause 16 provides, inter alia, that subject to certain conditions, if the Governor is satisfied that \u2014 (a) an officer is inefficient; (b) an officer has been guilty of neglect of duty or misconduct; or (c) for any other cause, an officer should no longer be an officer, the Governor may, by notice in writing, under the Governor\u2019s hand require that officer to relinquish the officer\u2019s commission or may, by the notice to the officer, dismiss that officer. Clause 17 provides that where \u2014 (a) the commission of an officer of the substantive rank of major or above has been relinquished in accordance with clause16 (1) or where the officer has retired; and (b) the officer has not been dishonourably discharged, the officer shall be entitled to retain his or her rank title. PART 5 - EXEMPTED SERVICES Clause 18 provides that where a member of the Regiment is employed both by the Regiment and by an exempted service, the member\u2019s employment obligations to the exempted service takes priority over the member\u2019s employment obligations to the Regiment. An \u201cexempted service\u201d means \u2014 (a) Her Majesty\u2019s armed forces; (b) the Fire and Rescue Service; (c) the Police Service; (d) the Prison Service; Objects and Reasons Introduced (e) the Coast Guard; (f) an officer of the Hazard Management Cayman Islands; (g) service as an emergency medical technician or paramedic for a hospital; or (h) a person in holy orders or a regular minister in any religious denomination recognized by the Governor as such for the purposes of this Law. In accordance with clause 18, where necessary in the order to ensure the sufficient staffing of the Regiment at any time, an exempted service specified in subclause (2)(b) to (g) and the Commanding Officer shall consult with the Governor and act in accordance with any direction given by the Governor in respect of priority of employment of a member of the Regiment. Clause 19 provides that a member of the Regiment is exempt from serving on a jury when the Regiment is embodied. PART 6 - MILITARY TRAINING Clause 20 provides that subject to the provisions of this Part of the legislation, every member of the Regiment shall, by way of annual military training during each year of the person\u2019s enlistment \u2014 (a) undergo military training for fifteen days in annual camp at such time and at such place in or outside the Islands as may be notified by the Commanding Officer; and (b) attend at least forty drills on such days and at such times and places as may be notified by the Commanding Officer, and fulfil such other conditions relating to military training as may be notified by the Commanding Officer. Clause 21 provides that the requirements of clause 20 may be dispensed with in whole or in part \u2014 (a) as respects any sub-unit of the Regiment, by the Governor; and (b) as respects individual persons of the Regiment, by the Governor, or, subject to Governor\u2019s Orders, by the Commanding Officer. Clause 22 deals with the circumstances where a member of the Regiment wishes to be excused from training. Clause 23 deals with the circumstances where the employer of a member of the Regiment wishes the member to be excused from training. Clause 24 deals with deferment of military training. Clause 25 deals with the offence of failure to complete military training. PART 7 - DISCHARGE Clause 26 deals with the grounds of discharge from the Regiment which include the expiration of the period of service or where a member of the Regiment is found to be medically unfit by the Defence Medical Officer. Objects and Reasons Introduced Clause 27 provides that, without prejudice to clause 26, a member of the Regiment may at any time be discharged from the Regiment \u2014 (a) by the Commanding Officer on good and sufficient cause being shown to the Commanding Officer why the person should be discharged; or (b) by the Governor after a recommendation by the Commanding Officer that it is in the public interest for the member to be discharged. PART 8 - EMBODIMENT OF THE REGIMENT Clause 28 deals with the embodiment of the Regiment. Clause 28 provides, inter alia, that if the Governor considers it necessary, to do so in the interests of public safety, the defence of the Islands or to assist with public safety in another British Overseas Territory or foreign state, or for any other reason as the Governor sees fit, the Governor may, by Order published in the Gazette, or otherwise made known to members of the Regiment in such manner as may seem to the Governor best suited to the circumstances, direct that the Regiment or any part of the Regiment be embodied. In accordance with clause 28, the Governor shall consult the Premier before making an Order under subsection (1), unless the Governor considers this impractical. Also, the Governor shall seek the agreement of the Premier before embodying the Regiment for a deployment to a foreign state but agreement is not required for deployment within the Islands or to another British Overseas Territory. Clause 29 provides that, subject to clause 28, every member of the Regiment shall, while undertaking any duty with or training with any regular or reserve forces outside the Islands, be subject to this legislation and military law under the Armed Forces Act, and the Armed Forces Act shall apply to such member of the Regiment as if the member were a member of the regular or reserve force. Clause 30 provides the Regiment or any part thereof shall, while undertaking any duty with or training with a body of regular or reserve forces, be under the general command of the officer commanding that body if the officer is of senior equivalent rank to the officer commanding the Regiment or that part thereof. Clause 31 deals with the period of embodiment of the Regiment. Clause 31 provides that the period of embodiment of the Regiment, or part of the Regiment, shall be of such duration as the Governor may determine and shall not terminate until the Governor orders that the Regiment or the part of the Regiment, shall cease to be embodied. PART 9 - DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES Clause 32 empowers a member of the Regiment authorized by the Commanding Officer to arrest other members of the Regiment without warrant in certain cases. Clause 33 requires the Commanding officer to advise the Commissioner of police of the commission of a civil offence by a member of the Regiment. Objects and Reasons Introduced Clause 34 deals with the duty of the Commanding Officer with respect to investigating military offences. Clause 35 sets out the circumstances in which the Commanding Officer has initial powers to charge Clause 36 provides that where the Commanding Officer has initial powers in respect of a case \u2014 (a) the Commanding Officer may bring one or more charges; (b) the Commanding Officer may refer the case to the Director of Public Prosecutions; and (c) a charge brought under paragraph (a) shall be regarded for the purposes of this Part as allocated for the summary hearing of the Commanding Officer or by a subordinate commander. Clause 37 sets out the powers of the Commanding Officer after a charge has been laid. Clause 38 provides that the Commanding Officer, before hearing a charge summarily, shall give an accused the opportunity of electing for the charge to be tried by a summary court. Clause 39 provides for the powers of Director of Public Prosecutions in respect of a charge allocated for summary trial. Clause 39 provides that where a charge against an accused is to be dealt with by a summary court the Director of Public Prosecutions may \u2014 (a) amend the charge; (b) substitute for the charge another charge against the accused; (c) bring an additional charge against the accused; (d) discontinue proceedings on the charge; or (e) subject to clause 38, refer the charge to the Commanding Officer, but only if the charge is capable of being heard summarily by the Commanding Officer. Clause 40 sets out penalties on summary conviction for offence under this Part of the legislation. Clause 41 provides for the hearing of a charge by the Commanding Officer or by a subordinate commander. Clause 42 sets out the punishments which may be imposed by the Commanding Officer or by a subordinate commander. These include a fine not exceeding twenty-eight day\u2019s pay, carrying out additional fatigue duties and a severe reprimand. Clause 43 provides for restitution if an offence involves the loss or damage to service property. Clause 44 provides for appeals by a member of the Regiment who has been convicted under this Part of the legislation. Clause 45 provides for the offences of making a false statement or forged or fraudulent documents. Objects and Reasons Introduced Clause 46 provides that clauses 32 to 45 and Schedule 2 shall apply in relation to the Regiment and the officers and persons of the Regiment when they are outside as when they are within the Islands. Clause 47 deals with civil offences. Clause 48 specifies when certain offences are not criminal offences. Clause 49 provides that nothing in clauses 40, 41or 42 shall affect any liability to which a member of the Regiment may be subject under the Armed Forces Act under clause 29. Clause 50 provides that except as expressly provided in the legislation, offences against this legislation shall be prosecuted before a court of summary jurisdiction. Clause 50 further provides that, subject to this legislation, summary courts and the Grand Court shall have jurisdiction to try a person for any offence against this legislation which, by reason of clause 46 or 47, may be committed outside the Islands notwithstanding that the offence would, but for this subsection, have been committed outside the jurisdiction of the court. Clause 51 provides that criminal proceedings in respect of an offence against the legislation shall not, without the written consent of the Director of Public Prosecutions, be instituted by any person other than the Governor or by an officer or other person duly authorized by the Governor in that behalf. PART 10 - GENERAL Clause 52 provides that where a person who is a member of the Regiment \u2014 (a) suffers disablement or is killed as a result of undergoing military training under the legislation; or (b) suffers disablement or is killed as a result of service in the Regiment when embodied, that person or the person\u2019s dependants, shall be eligible for the grant of such pension as the Governor may determine after consultation with the Minister of Finance. Clause 53 deals with pay and allowances. Where a member of the Regiment is required to attend drills, annual camp, or is embodied, then in respect of the member\u2019s attendance the member shall be paid such remuneration by way of basic pay and allowances as may be fixed by the Governor after consultation with the Minister of Finance. The Governor\u2019s Orders may regulate the payment of additional remuneration in exceptional cases. Clause 54 deals with the duty of employers under the legislation and provides, inter alia, that an employer shall not prevent an employee from \u2014 (a) enlisting in the Regiment; (b) undergoing military training, attending drills or annual camp; or (c) subject to clause 18, be in service of the Regiment when the Regiment is embodied. Clause 55 deals with the return of equipment by a member of the Regiment upon being discharged. Objects and Reasons Introduced Clause 56 provides that all notices, orders and instructions required in connection with the administration of the legislation shall, except where otherwise expressly provided, be in writing. It is further provided that notices of appointment to and discharges from the Regiment shall be published in the Gazette. Clause 57 deals with the service of notices. Clause 58 provides that no person shall be liable in damages for anything done or omitted in the discharge or purported discharge of the person\u2019s respective functions or duties under the legislation, or Orders or regulations made under the legislation unless it is shown that the act or omission was in bad faith. Clause 59 deals with the vesting of property in the Regiment. Clause 59 provides that upon the commencement of the legislation, all property of, or assigned to, the Regiment prior to the date of the commencement of the legislation shall be deemed to have been transferred, conveyed or assured to the Regiment and to be vested in the Regiment. Clause 60 deals with general offences and powers of arrest by member of the Regiment when they are on duty. Clause 61 specifies how the legislation applies to civilians. It is provided, inter alia,  that where the Regiment, or any part thereof is embodied, deployed or on active duty, Part 9 of the legislation applies to any person who is employed in the service of, or accompanies the Regiment or any member or part of the Regiment and who is not otherwise subject to service law. Clause 62 provides that the terms and conditions of service of members of the Regiment are governed only by the legislation, regulations made under the legislation and the Governor\u2019s Orders. Clause 63 contains transitional provisions. Clause 63 provides that a person who is appointed or purported to be appointed to any position in the Regiment by the Governor prior to the date of the commencement of the legislation shall be deemed on that date to have been lawfully appointed by the Governor. Further, all other acts done or purported to be done by the Governor and the Regiment in furtherance of the establishment and operation of the Regiment prior to the date of the commencement of the legislation shall be deemed on that date to have been lawfully done by the Governor and the Regiment. Arrangement of Clauses Introduced Arrangement of Clauses Clause PART 1 - PRELIMINARY 1. 2. 3. 4. 5. 6. 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"PART 2 \u2013 DEFENCE BOARD; DEFENCE MEDICAL OFFICER 9. 10.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"PART 3 - RECRUITMENT, ORGANIZATION, GOVERNMENT, TRAINING, PAY AND ALLOWANCES OF THE REGIMENT 12. 13.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Arrangement of Clauses Introduced PART 4 - COMMISSIONS 15. 16.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"PART 5 - EXEMPTED SERVICES 18.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"PART 6 - MILITARY TRAINING 20. 21. 22. 23. 24.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"PART 7 - DISCHARGE 26.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"PART 8 - EMBODIMENT OF THE REGIMENT 28.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Armed Forces Act applies when undertaking duty with or training with UK regular or\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"General command when undertaking duty with or training with UK regular or reserve\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"PART 9 - DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES 32.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Commanding Officer to ensure the Commissioner of Police is aware of the possibility that 34. 35. 36. 37. 38.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Powers of Director of Public Prosecutions in respect of charge allocated for trial by 40. 41. 42.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Arrangement of Clauses Introduced 44. 45. 46. 47. 48. 49. 50.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"PART 10 - GENERAL 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"SCHEDULE 1 SCHEDULE 2 Clause 1 Introduced A BILL FOR A LAW TO PROVIDE FOR THE ESTABLISHMENT OF A REGIMENT FOR THE ISLANDS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Defence Law, 2020. (2) This Law shall come into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Law and in relation to different matters.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Law \u2014 \u201cArmed Forces Act\u201d means the Armed Forces Act 2006 (UK), or any Act replacing that Act; \u201carms\u201d includes batons, handcuffs and other means of restraints, protective vests, tasers and pepper spray; \u201cBoard\u201d means the Defence Board established under section 9; Clause 3 Introduced \u201cCayman Islands Regiment\u201d means the military force established under section 4 and referred to as the Regiment; \u201cCommanding Officer\u201d means the officer in command of the Cayman Islands Regiment; \u201cdays\u2019 pay\u201d shall be calculated by reference to the basic pay scale for a soldier; \u201cDefence Medical Officer\u201d means the medical officer appointed under section 11; \u201cembodied\u201d, in relation to the Regiment or a part thereof, means embodied under section 28; \u201cexempted person\u201d means a person exempted under section 18; \u201cfirearm\u201d has the meaning assigned by section 2(1) of the Firearms Law (2008 Revision); \u201cGovernor\u2019s Orders\u201d means orders made by the Governor under section 13; \u201cHer Majesty\u2019s armed forces\u201d means the regular and reserve forces of the Royal Navy, Her Majesty\u2019s air forces and Her Majesty\u2019s military forces; \u201cHer Majesty\u2019s air forces\u201d and \u201cHer Majesty\u2019s military forces\u201d do not include any Commonwealth or British Overseas Territory Force; \u201cHer Majesty\u2019s regular forces\u201d means the Royal Navy and Her Majesty\u2019s regular military and air forces, and includes any similar naval, military or air forces raised in any part of Her Majesty\u2019s dominions, but does not include reservists; \u201cmilitary offence\u201d means an offence specified in Schedule 2; \u201cMinister\u201d means the Minister to whom functions relating to the operations of the Regiment are delegated under section 8(b); \u201cofficer\u201d means a commissioned officer in the Regiment; \u201cprescribed\u201d means prescribed by or under Governor\u2019s Orders; \u201csoldier\u201d means a member of the Regiment below the rank of Lance Corporal; and \u201csummary court\u201d means a court of summary jurisdiction constituted in accordance with the Summary Jurisdiction Law (2019 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Military service to be performed in and outside of the Islands 3. A member of the Regiment may be required to perform military services, including training and non-combatant services, both in and outside of the Islands at the direction of the Governor. Clause 4 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Continuation of the Regiment 4. Subject to, and in accordance with this Law, there continues to be raised and maintained in the Islands a reserve military force known as the Cayman Islands Regiment consisting of a reserve force and shall comprise such number of officers and persons as may from time to time be determined by the Governor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Duties of the Regiment 5. (1) The Regiment is responsible for \u2014 (a) the defence of the Islands; (b) providing humanitarian assistance and disaster relief; (c) assisting the Royal Cayman Islands Police Service and the Coast Guard when called upon to so by the Governor; and (d) such other duties as the Governor determines. (2) In the performance of their duties, members of the Regiment may, with the authority of the Commanding Officer or the delegate of the Commanding Officer, carry firearms.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Voluntary enlistment 6. The Regiment shall be raised and maintained by means of voluntary enlistment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Governor acts in the Governor\u2019s discretion 7. In the exercise of the Governor\u2019s powers and duties under this Law and any other enactment relating to matters of defence, including armed forces, the Governor shall act in the Governor\u2019s discretion. 8. Delegation of Governor\u2019s functions relating to enlistment and other duties 8. The Governor, acting in the Governor\u2019s discretion, may \u2014 (a) delegate functions under this Law to the Deputy Governor; (b) delegate functions relating to the operations of the Regiment to any Minister after consultation with the Premier; and (c) by written notice to the Deputy Governor or to the Minister, at any time, revoke any functions so delegated. Clause 9 Introduced PART 2 \u2013 DEFENCE BOARD; DEFENCE MEDICAL OFFICER\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Defence Board 9. (1) The Governor shall, by notice, appoint annually a Board called the Defence Board which shall consist of such number of persons, being not less than five nor more than eleven, as the Governor may determine and such notice shall be published in the Gazette. (2) A person appointed to be a member of the Board shall hold office during the Governor\u2019s pleasure and unless the person\u2019s appointment is earlier terminated it shall be deemed to terminate one year from the date upon which the appointment took effect. (3) There shall be a chairperson and a deputy chairperson of the Board, each of whom shall be appointed by the Governor from among the members of the Board and each of whom shall hold office as such during the Governor\u2019s pleasure. (4) Notwithstanding subsections (1) to (3), the Board shall be deemed to be properly constituted even though there is a vacancy in the office of chairperson or deputy chairperson or of any other member of the Board. (5) At any meeting of the Board, the Governor may preside over the meeting if, acting in the Governor\u2019s discretion, the Governor decides to do so but, unless the Governor so decides the meeting 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 the deputy chairperson, such other member of the Board as the members present elect to act as chairperson at that meeting. (6) At every meeting of the Board, a quorum shall consist of a simple majority of members present and decisions shall be adopted by a simple majority of the votes of the members present and voting except that, in the case of an equality of votes, the chairperson of the meeting shall, in addition, have a casting vote. (7) The Board may appoint sub-committees from among its members and every such sub-committee shall consist of a chairperson and such number of subcommittee members as the Board may, in each case, determine, and the members of a sub-committee shall hold office on the sub-committee for such period and on such terms as the Board may determine. (8) A quorum of a sub- committee shall consist of a simple majority of the members, and decisions shall be adopted by a simple majority of the votes of the members present and voting except that, in the case of an equality of votes, the chairperson of the meeting shall, in addition, have a casting vote. Clause 10 Introduced (9) The Board may, with the consent in writing of the Governor, authorize a subcommittee appointed under subsection (7) to perform any of its functions under this Law or other statutory provisions; and the act of any sub-committee so authorized to perform any function of the Board shall be deemed to be an act of the Board when the sub-committee is acting within the scope of its authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Governor may consult Board 10. (1) In the exercise of the powers and duties of the Governor under this Law and any other enactment which relates to matters of defence, the Governor may consult with or take the advice of the Board as the Governor thinks fit; but, notwithstanding that the Governor has consulted or taken the advice of the Board on any matter, the Governor may act in the Governor\u2019s discretion on such matter. (2) In the exercise of the Governor\u2019s delegated responsibilities for Regiment matters, the Minister and the Deputy Governor may consult the Board. 11. Defence Medical Officer 11. The Governor may appoint a Defence Medical Officer whose duties include the examination of any person for the purposes of this Law and such others duties as may be conferred or imposed upon the Defence Medical Officer by or under this or any other Law. PART 3 - RECRUITMENT, ORGANIZATION, GOVERNMENT, TRAINING, PAY AND ALLOWANCES OF THE REGIMENT\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Command of Regiment 12. (1) The Governor shall appoint an officer, known as the Commanding Officer, who is a member of the Regiment in whom the command of the Regiment will be vested, and that officer is responsible for the control and administration of the Regiment, subject to the Governor\u2019s directions and to the provisions of this Law. (2) Subject to this Law and the Governor\u2019s Orders, the Commanding Officer may \u2014 (a) make standing orders for the control, administration and general government of the Regiment; and (b) issue a handbook, a code of practice or such other guidelines as the Commanding Officer may see fit, for the guidance, government and regulation of members of the Regiment. Clause 13 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Governor\u2019s Orders 13. (1) Subject to this Law, the Governor may make general or special orders, to be called Governor\u2019s Orders, with respect to the administration, recruitment, organization, government, training, pay and allowances of the Regiment and with respect to any matter and thing relating to the Regiment, including any matter \u2014 (a) which is expressed by this Law to be a matter for which provision may be made by Governor\u2019s Orders; and (b) which under this Law may be or is to be prescribed by Governor\u2019s Orders. (2) Without prejudice to the generality of the powers conferred upon the Governor by subsection (1) provision may be made by Governor\u2019s Orders for the following \u2014 (a) the members of the Regiment in whom command over any part of the Regiment or members thereof is vested and as to the circumstances in which such command is to be exercised; (b) the formation of members of the Regiment into sub-units; (c) for posting, attaching or otherwise dealing with such members within the Regiment; (d) for attaching members of the Regiment for service with a cadet corps established in the Islands by or under any Law; (e) for the constitution of a permanent staff, including officers, adjutants, warrant officers and non-commissioned officers who may be members of the Regiment or Her Majesty\u2019s armed forces; (f) for regulating the appointment, and retirement of the Commanding Officer, other officers and members of the Regiment and their numbers, ranks and duties; and (g) for the constitution and functions of a promotions board. (3) Governor\u2019s Orders may take the form of applying to the Regiment, with such modifications, exceptions or variations as are specified in the Governor\u2019s Orders, the provisions of any order, regulation, or instruction made or issued in respect of Her Majesty\u2019s armed forces. (4) Governor\u2019s Orders may take the form of authorizing the Deputy Governor to issue instructions providing for any matter with respect to which, by virtue of this section, Governor\u2019s Orders may be made. (5) Governor\u2019s Orders shall not be inconsistent with any of the provisions of this Law. (6) The power of the Governor to make Governor\u2019s Orders under this section shall include a power to revoke or vary any Governor\u2019s Orders so made. Clause 14 Introduced (7) In making Governor\u2019s Orders in respect of Regiment matters responsibility for which has been delegated to the Minister for the time being responsible for defence, the Governor may act on the advice of the Deputy Governor or Minister. 14. Enlistment and period of service 14. (1) Subject to directions of the Governor and section 15, a person who is  eighteen years of age or no more than fifty years of age and who is \u2014 (a) a Commonwealth or Irish citizen, who is a permanent resident of the Islands in accordance with the Immigration (Transition) Law, 2018; or (b) a British Overseas Territories citizen or a British citizen, and is either a Caymanian or a permanent resident within the meaning of the Immigration (Transition) Law, 2018, may be enlisted into the Regiment in such manner and subject to such conditions as are provided under this Law and as prescribed. (2) Upon enlistment, a soldier shall serve a minimum period of two years and an officer a minimum period of three years. (3) The Governor may consult the Premier and may, in the Governor\u2019s discretion, allow persons not meeting the requirements of subsection (1) to be enlisted into the Regiment if the Governor considers this to be in the best interests of the Regiment. PART 4 - COMMISSIONS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Governor\u2019s commission, and the appointment and transfer of officers 15. (1) The Governor may, in the Governor\u2019s discretion, by commission, appoint a person, who is eligible to enlist in accordance with section 14, to a rank of officer listed in Schedule 1 in the Regiment where that person fulfils the prescribed conditions as to age, physical fitness, educational qualifications or other conditions as the Governor may determine. (2) A commission may be granted either for an indefinite period or for a specified period. (3) Every officer, upon being granted a commission, is entitled to be issued with a commission in the form set out in the Governor\u2019s Orders, and the commission shall be signed by the Governor. (4) Every officer, upon being granted a commission, shall be appointed by the Governor to the Regiment. (5) The Governor may make Governor\u2019s Orders \u2014 Clause 16 Introduced (a) respecting the commissioning of officers, their terms of service, appointment, transfer, promotion, retirement, resignation, removal from office, and such other matters concerning officers as the Governor considers necessary; and (b) for the better carrying into effect of this Part.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Relinquishment of commission 16. (1) An officer may at any time apply in the prescribed manner to the Governor for permission to relinquish the officer\u2019s commission; and the Governor after considering the circumstances may grant the application. (2) Subject to subsection (3), if the Governor is satisfied that \u2014 (a) an officer is inefficient; (b) an officer has been guilty of neglect of duty or misconduct; or (c) for any other cause, an officer should no longer be an officer, the Governor may, by notice in writing, under the Governor\u2019s hand require that officer to relinquish the officer\u2019s commission or may, by the notice to the officer, dismiss that officer. (3) The Governor shall not require an officer to relinquish the officer\u2019s commission or dismiss an officer until the Governor has consulted the Commanding Officer; and, where the officer is charged with misconduct or neglect of duty, unless the officer has been given full opportunity to exculpate himself or herself before a Court of Inquiry, consisting of officers each of whom is an officer either of Her Majesty\u2019s armed forces or of the Regiment appointed by the Governor to inquire into and report on all the circumstances of the case. (4) The relinquishment by an officer of the officer\u2019s commission or the dismissal of an officer shall not of itself operate so as to absolve the person who has been an officer from any liability under this Law to be called up for military service or so as to preclude the acceptance of the person\u2019s services as a volunteer. (5) Without prejudice to anything in the foregoing provisions of this section, provision may be made by Governor\u2019s Orders for fixing age limits at which officers, or officers of a particular rank, shall or may be required to relinquish their commissions, and for matters incidental thereto. (6) Nothing in this section shall be construed so as to affect any liability to which an officer may be subject under the Armed Forces Act while the Regiment or the sub-unit of the Regiment in which he or she is an officer is embodied. 17. Relinquishment of commission - retention of rank title 17. (1) Where \u2014 Clause 18 Introduced (a) the commission of an officer of the substantive rank of Major or above has been relinquished in accordance with section 16(1) or where the officer has retired; and (b) the officer has not been dishonourably discharged, the officer shall be entitled to retain the officer\u2019s rank title. (2) Where an officer chooses to retain the officer\u2019s rank title in accordance with this section, such rank title shall have affixed immediately after it the word \u201c(Retired)\u201d or \u201c(Retd\u201d). (3) In this section, \u201crank title\u201d means the last substantive rank held by an officer, prior to the officer\u2019s commission being relinquished. PART 5 - EXEMPTED SERVICES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Priority of exempted services 18. (1) Subject to subsection (3), where a member of the Regiment is employed both by the Regiment and by an exempted service, the member\u2019s employment obligations to the exempted service take priority over the member\u2019s employment obligations to the Regiment. (2) For the purpose of subsection (1), an \u201cexempted service\u201d means \u2014 (a) Her Majesty\u2019s armed forces; (b) the Fire and Rescue Service; (c) the Police Service; (d) the Prison Service; (e) the Coast Guard; (f) an officer of the Hazard Management Cayman Islands; (g) service as an emergency medical technician or paramedic for a hospital; or (h) a person in holy orders or a minister in any religious denomination recognized by the Governor as such for the purposes of this Law. (3) Where necessary, in order to ensure the sufficient staffing of the Regiment at any time, an exempted service specified in subsection (2)(b) to (g) and the Commanding Officer shall consult with the Governor and act in accordance with any direction given by the Governor in respect of priority of employment of a member of the Regiment. 19. Exemption from jury duty 19. A member of the Regiment is exempt from serving on a jury when the Regiment is embodied. Clause 20 Introduced PART 6 - MILITARY TRAINING\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Obligation to undergo military training 20. Subject to the provisions of this Part, every member of the Regiment shall for the purpose of completing annual military training during each year of the person\u2019s enlistment \u2014 (a) undergo military training for fifteen days in annual camp at such time and at such place in or outside the Islands as may be notified by the Commanding Officer; (b) attend at least forty drills on such days and at such times and places as may be notified by the Commanding Officer; and (c) fulfil such other conditions relating to military training as may be notified by the Commanding Officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Power to dispense with military training 21. The requirements of section 20 may be dispensed with in whole or in part \u2014 (a) in respect of any sub-unit of the Regiment, by the Governor; and (b) in respect of individual members of the Regiment, by the Governor, or, subject to Governor\u2019s Orders, by the Commanding Officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Commanding Officer may excuse from military training 22. (1) A member of the Regiment may apply to the Commanding Officer to be excused from undergoing all or any of the military training required by section 20, on the ground that the person would thereby be caused undue hardship. (2) The Commanding Officer shall hear the application under subsection (1) and shall make such directive as appears to Commanding Officer to be just and where a member of the Regiment is excused, the Commanding Officer shall issue to the person a certificate accordingly. (3) Where the Commanding Officer makes a directive excusing in whole or in part the attendance of a member of the Regiment at annual camp the directive may contain a condition that the person so excused shall undergo additional military training by way of additional drills, and any such condition shall be included in the certificate referred to in subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Commanding Officer may excuse from military training on application of employer 23. (1) An employer of a person who is a member of the Regiment may apply to the Commanding Officer for the person employed to be excused in whole or in part from attendance at annual camp as required by section 20, on the ground that the employer would thereby be caused undue hardship. Clause 24 Introduced (2) The Commanding Officer shall hear the application under subsection (1), and shall make such directive as appears to the Commanding Officer to be just and, where a person is excused, the Commanding Officer shall issue certificates to the person and to the person\u2019s employer accordingly. (3) Where the Commanding Officer makes a directive under this section excusing a person in whole or in part from attendance at annual camp, the directive may contain a condition that the person so excused shall undergo additional military training by way of additional drills, and any such conditions shall be included in the certificates referred to in subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Deferment of military training 24. (1) Where a member of the Regiment \u2014 (a) becomes enrolled as a pupil or student in any school, college or university outside the Islands or as a full-time student at a college in the Islands; (b) is absent from the Islands; or (c) is a medically unfit person who is likely to cease to be a medically unfit person, then the military training which the person is required to undergo by virtue of this Part may be deferred for any period or periods and from time to time according to the circumstances of the case. (2) The Governor\u2019s Orders may regulate the deferment of military training under this section. 25. Offence of failure to complete military training 25. A member of the Regiment who without reasonable excuse, the proof of which shall be upon the person, fails \u2014 (a) to complete the annual training which by or under this Law the person is required to undergo; or (b) to attend the number of drills during any particular period in accordance with the directions of the Commanding Officer given under this Law, commits an offence and is liable on summary conviction to a fine equal to twenty eight days\u2019 pay or to imprisonment for a term of three months, or to both. Clause 26 Introduced PART 7 - DISCHARGE\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Grounds for discharge 26. (1) A member of the Regiment shall, except when the Regiment or the sub-unit of the Regiment of which the person is a member is embodied, or when the Governor otherwise directs, be entitled to be discharged on the expiration of the period for which under this Law the person is required to serve. (2) Where the time at which a member of the Regiment would be entitled to be discharged under subsection (1) occurs while the Regiment or the sub-unit of the Regiment of which the person is a member is embodied, then the person\u2019s right to be discharged shall, unless the Governor otherwise directs, be suspended until the termination of the period for which the Regiment or the sub-unit, is embodied. (3) A member of the Regiment shall be discharged at any time if the Defence Medical Officer certifies that the person is medically unfit for further service in the Regiment. (4) Subject to subsection (5), a member of the Regiment who becomes an exempted person by reason of the person\u2019s entry or enlistment in any of Her Majesty\u2019s armed forces shall, except when the Regiment or sub-unit of the Regiment of which the person is a member is embodied, be entitled to be discharged. (5) The Governor may grant permission to a member of the Regiment to enter or enlist in any of Her Majesty\u2019s armed forces notwithstanding that the Regiment or the sub-unit of the Regiment of which the person is a member is embodied. (6) In this section \u201cdischarged\u201d in relation to a member of the Regiment, means discharged from the Regiment. 27. Discharge on cause being shown 27. (1) Without prejudice to section 26, a member of the Regiment may at any time be discharged from the Regiment \u2014 (a) by the Commanding Officer, on good and sufficient cause being shown to the Commanding Officer why the person should be discharged; or (b) by the Governor, after a recommendation by the Commanding Officer that it is in the public interest for the member to be discharged. (2) The Governor\u2019s Orders may regulate the discharge of persons under this section and in particular appeals to the Governor against a refusal to discharge or against a discharge. Clause 28 Introduced PART 8 - EMBODIMENT OF THE REGIMENT\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Embodiment of the Regiment 28. (1) If the Governor considers it necessary to do so \u2014 (a) in the interests of public safety; (b) for the defence of the Islands; (c) to assist with public safety in another British Overseas Territory or foreign state; or (d) for any other reason as the Governor sees fit, the Governor may, by Order published in the Gazette, or otherwise made known to members of the Regiment in such manner as may seem to the Governor best suited to the circumstances, direct that the Regiment or any part of the Regiment be embodied. (2) The Governor shall consult the Premier before making an Order under subsection (1), unless the Governor considers this impractical. (3) The Governor shall seek the agreement of the Premier before embodying the Regiment for a deployment to a foreign state but agreement is not required for deployment within the Islands or to another British Overseas Territory. (4) Subject to this section, upon the making of an Order under subsection (1) every member of the Regiment affected by the Order shall report at such place and at such time as may be specified in the Order or made known to the member by or through any of the member\u2019s officers or otherwise duly made known to the member. (5) A member of the Regiment who without reasonable excuse, the proof of which shall be upon the person, fails to report as required by this section commits an offence and is liable on summary conviction to a fine equal to twenty-eight days\u2019 pay or to imprisonment for a term of six months, or to both. (6) A police officer or any member the Regiment \u2014 (a) may arrest without warrant any member of the Regiment whom the police officer or the member believes on reasonable grounds to have committed an offence under this section; (b) shall convey a member who is arrested to the Commanding Officer, or to such place as is appointed by Commanding Officer, to be dealt with according to law; and (c) may convey under arrest any person convicted of an offence to such place as may be appointed by any officer of designated by the Commanding Officer, by the Governor or by the court. Clause 29 Introduced 29. Armed Forces Act applies when undertaking duty with or training with UK regular or reserve forces 29. (1) Subject to section 28, every member of the Regiment shall, while undertaking any duty or training with regular or reserve forces outside the Islands, be subject to this Law and military law under the Armed Forces Act, and the Armed Forces Act shall apply to such member of the Regiment as if the member were a member of the regular or reserve forces. (2) For the purposes of this section and section 30 \u2014 (a) a member of the Regiment shall be deemed to be undertaking any duty with or training with any reserve or regular forces when so ordered to act by the Governor; and (b) \u201cregular forces\u201d and \u201creserve forces\u201d have the meanings assigned by section 374 of the Armed Forces Act. 30. General command when undertaking duty with or training with UK regular or reserve forces 30. (1) The Regiment or any part thereof shall, while undertaking any duty with or training with a body of regular or reserve forces, be under the general command of the officer commanding that body if the officer is of senior equivalent rank to the officer commanding the Regiment or that part thereof. (2) The extent of command to be exercised over a member of the Regiment while undertaking any duty with or training with a body of regular or reserve forces shall be at the Governor\u2019s discretion. 31. Period of embodiment of the Regiment 31. The period of embodiment of the Regiment, or part of the Regiment, shall be of such duration as the Governor may determine and shall not terminate until the Governor orders that the Regiment or the part of the Regiment, shall cease to be embodied. PART 9 - DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Military offences and other offences: arrest 32. (1) A member of the Regiment, if authorized in writing by the Commanding Officer to arrest offenders, may arrest without warrant \u2014 (a) any member of the Regiment whom the member believes on reasonable grounds to have committed a military offence; or (b) any member of the Regiment who commits an offence under section 25 or section 28(5). Clause 33 Introduced (2) A member of the Regiment arrested for committing a military offence or an offence under section 25 or section 28(5) shall be taken forthwith to the Commanding Officer, or to such other officer as the Commanding Officer shall appoint for the purpose. (3) Any member of the Regiment brought before the Commanding Officer or other officer appointed under subsection (2) shall, unless the member\u2019s case is completed at the time of being brought before the Commanding Officer or other officer so appointed, be released on giving an undertaking that the member will appear before the officer trying the member\u2019s case when called upon, unless the Commanding Officer or other officer is satisfied that the member will not so appear, in which case the member shall be kept in civilian custody. (4) A member of the Regiment shall not be kept in civilian custody under subsection (3) for a period longer than seventy-two hours. 33. Commanding Officer to ensure the Commissioner of Police is aware of the possibility that a criminal offence has been committed 33. (1) If the Commanding Officer becomes aware of an allegation or circumstances within subsection (2), the Commanding Officer shall as soon as is reasonably practicable ensure that the Commissioner of Police is advised of the matter. (2) An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a civil offence has or may have been committed by a member of the Regiment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Duty of Commanding Officer with respect to investigation of military offences 34. (1) This section applies where \u2014 (a) the Commanding Officer becomes aware of an allegation or circumstances within subsection (2); and (b) the Commanding Officer is not required by section 33 to ensure that the Commissioner of Police is aware of the matter. (2) An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a military offence or an offence under section 25 or 28(5) has or may have been committed by a member of the Regiment. (3) The Commanding Officer shall \u2014 (a) ensure that the matter is investigated in such way and to such extent as is appropriate; or (b) ensure, as soon as is reasonably practicable, that the Commissioner of Police is aware of the matter as required by section 33. Clause 35 Introduced (4) Subsection (3) does not apply if the matter has already been investigated in such way and to such extent as is appropriate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Circumstances in which Commanding Officer has power to charge etc. 35. (1) Where the Commanding Officer becomes aware of an allegation which indicates, or circumstances which indicate, that the person has or may have committed a military offence or an offence under section 25 or 28(5), the Commanding Officer has initial powers in respect of the case. (2) Subsection (1) does not apply if the allegation or circumstances \u2014 (a) give or have given rise to the duty under section 33; or (b) are being or have been investigated by a police force. (3) If an allegation or circumstances mentioned in subsection (1) relate to \u2014 (a) two or more incidents or alleged incidents, or (b) the conduct or alleged conduct of two or more persons, each person\u2019s conduct in relation to each incident is to be regarded as giving rise to a separate case.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Power of Commanding Officer to charge etc. 36. Where under section 35 the Commanding Officer has initial powers in respect of a case \u2014 (a) the Commanding Officer may bring one or more charges; or (b) the Commanding Officer may refer the case to the Director of Public Prosecutions; and a charge brought under paragraph (a) shall be regarded for the purposes of this Part as allocated for the summary hearing of the Commanding Officer or by a subordinate commander.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Powers of Commanding Officer after charge 37. (1) Where a charge against a person (\u201cthe accused\u201d) is for the time being to be dealt with by a summary hearing by the Commanding Officer or by a subordinate commander, the Commanding Officer or the subordinate commander may \u2014 (a) amend the charge; (b) substitute for the charge another charge against the accused; (c) bring an additional charge against the accused; (d) discontinue proceedings on the charge; or (e) refer the charge to the Director of Public Prosecutions. (2) The powers under subsection (1) may be exercised before or after the start of any summary hearing of the charge. Clause 38 Introduced (3) Any amended, substituted or additional charge under subsection (1)(a), (b) or (c) must be capable of being heard summarily by the Commanding Officer or by a subordinate commander. (4) Any additional charge brought under subsection (1)(c) shall be in respect of the case with respect to which the charge mentioned in subsection (1) was brought. (5) Any amended, substituted or additional charge under subsection (1)(a), (b) or (c) shall be regarded for the purposes of this Part as allocated for a summary hearing by the Commanding Officer or by a subordinate commander. (6) Where a charge is referred under subsection (1)(e) to the Director of Public Prosecutions, the charge and any other charge brought in respect of the same case are to be regarded for the purposes of this Part as allocated for trial by a summary court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Right to elect trial by a summary court 38. (1) The Commanding Officer, before hearing a charge summarily, shall give an accused the opportunity of electing for the charge to be tried by a summary court. (2) If an accused elects a summary trial of the charge by the court \u2014 (a) the Commanding Officer shall refer the charge to the Director of Public Prosecutions; and (b) the charge shall be regarded as allocated for trial by a summary court. (3) Where two or more charges against the accused are to be heard summarily together, an election for summary trial by the court in respect of any of the charges takes effect as an election in respect of all of them. (4) The Director of Public Prosecutions may not without the written consent of the accused refer the charge to the Commanding Officer whether or not amended by the Director of Public Prosecutions. 39. Powers of Director of Public Prosecutions in respect of charge allocated for trial by summary 39. Where a charge against an accused is to be dealt with by a summary court, the Director of Public Prosecutions may \u2014 (a) amend the charge; (b) substitute for the charge another charge against the accused; (c) bring an additional charge against the accused; (d) discontinue proceedings on the charge; or (e) subject to section 38(4), refer the charge to the Commanding Officer, but only if the charge is capable of being heard summarily by the Commanding Officer. Clause 40 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Penalty on summary conviction 40. (1) Where a member of the Regiment elects a hearing before a summary court in accordance with this Part, the member of the Regiment shall be liable on conviction to a fine equal to twenty eight days\u2019 pay or to imprisonment for a term of three months, or to both. (2) Where a member of the Regiment is convicted by a summary court, the Commanding Officer may recommend to the Governor that the member should be dishonourably discharged from the Regiment. (3) The Governor, on receiving a recommendation from the Commanding Officer that a member of the Regiment who is convicted by a summary court should be dishonourably discharged, may \u2014 (a) so discharge the member; or (b) remit the case to the Commanding Officer requiring the Commanding officer to reconsider the Commanding Officer\u2019s recommendation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Hearing by Commanding Officer or subordinate commander 41. (1) This section applies where the Commanding Officer or a subordinate commander hears a charge. (2) If the Commanding Officer or the subordinate commander determines that the charge has not been proved the Commanding Officer or subordinate commander shall dismiss the charge. (3) If the Commanding Officer or the subordinate commander determines that the charge has been proved the Commanding Officer or the subordinate commander shall \u2014 (a) record a finding that the charge has been proved; and (b) impose any one or more of the punishments in section 42. (4) Notwithstanding subsection (3) or section 32(3), after investigating the charge \u2014 (a) the Commanding Officer; or (b) the subordinate commander after consulting the Commanding Officer, may remand any person so charged for prosecution before a court of summary jurisdiction, and such court of summary jurisdiction shall thereafter deal with the matter de novo.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Punishments which may be imposed by Commanding Officer or subordinate commander 42. (1) The punishments which may be imposed by the Commanding Officer or the subordinate commander are \u2014 (a) a fine not exceeding twenty-eight days\u2019 pay; Clause 43 Introduced (b) the carrying out of additional fatigue duties or other duties; (c) admonition; (d) reprimand; (e) severe reprimand; and (f) in the case of a non-commissioned officer only, reduction to the ranks or lower grade. (2) The Commanding Officer may, in addition to or in place of any other punishment imposed under this section on a member of the Regiment, recommend to the Governor that the member be dishonourably discharged from the Regiment. (3) The Governor, on receiving a recommendation from the Commanding Officer that a member should be dishonourably discharged, may \u2014 (a) so discharge the member; or (b) remit the case to the Commanding Officer requiring the Commanding Officer to reconsider the recommendation and any other punishment that the Commanding Officer has imposed. (4) When the Commanding Officer is required to reconsider a recommendation for dishonourable discharge under subsection (3), the Commanding Officer shall not impose or alter any other punishment without giving the member in respect of whom the order for dishonourable discharge was made an opportunity to be heard. (5) A fine imposed on a member of the Regiment under this section shall be paid to the adjutant of the Regiment within seven days, and shall be recoverable \u2014 (a) from any sums due under this Law; or (b) before a court of summary jurisdiction in the manner provided by the Summary Jurisdiction Law (2019 Revision) for the recovery of a debt or liquidated demand. 43. Restitution if offence involves property 43. (1) When a member of the Regiment is found guilty of an offence under paragraph 8 of Schedule 2, the court or officer finding the member guilty may make an order providing for the restitution of the property in respect of which the member has been found guilty or providing for the payment by the member of a sum not exceeding the cost to replace the public property lost or damaged. (2) Any order under subsection (1) may be enforced as if it were an order made by a court of summary jurisdiction in a civil cause or action. Clause 44 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Appeal to the Grand Court and Court of Appeal 44. (1) Where a member of the Regiment has received a disciplinary punishment under this Part, including one imposed by a summary court, with which the member of the Regiment is aggrieved, the member of the Regiment may, within fourteen days of receiving notice of the disciplinary punishment, appeal to the Grand Court. (2) Appeals from the Grand Court lie to the Court of Appeal in accordance with the Court of Appeal Law (2011 Revision) and appeals to the Court of Appeal shall be final. (3) The Rules Committee of the Court may make such Rules of Court as it considers necessary to regulate procedure under this Part.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"False statements 45. A person \u2014 (a) who, in giving any information for the purposes of this Law, knowingly or recklessly makes any statement which is false in a material particular; or (b) who, with intent to deceive \u2014 (i) forges or uses, or lends or allows to be used by any other person, any certificate under this Law; or (ii) makes, or has in the person\u2019s possession, any document so closely resembling any certificate under this Law as to be calculated to deceive, commits an offence and is liable \u2014 (iii) on summary conviction to a fine equal to twenty-eight days\u2019 pay or to imprisonment for a term of six months, or to both; and (iv) on indictment to a fine equal to two months\u2019 pay or to imprisonment for a term of two years, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Offences outside the Islands 46. Sections 32 to 45 and Schedule 2 shall apply in relation to the Regiment and the officers and members of the Regiment when they are outside the Islands as when they are in the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Civil offences 47. (1) An officer or a member of the Regiment who, while either in or outside of the Islands \u2014 (a) during any period of military training under this Law; or (b) while on service with the Regiment or any part thereof, commits a civil offence, commits an offence. Clause 48 Introduced (2) An offence created by this section shall be triable either summarily or on indictment according to whether the corresponding civil offence is triable summarily or on indictment. (3) A person convicted of an offence created by this section shall be liable to such punishment as is specified by law for the corresponding civil offence. (4) In this section \u2014 \u201ccivil offence\u201d means any act or omission punishable by the law of the Islands which, if committed in the Islands, would be punishable by that law; and \u201ccorresponding civil offence\u201d means the civil offence the commission of which constitutes the offence created by this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Contravention of certain provisions not to be criminal offences 48. (1) A person found guilty of contravening any provision of this Law at any time other than when the Regiment is embodied, shall not be deemed to have been convicted of a criminal offence. (2) Subsection (1) does not apply to any conviction involving dishonesty, to a conviction under section 40 or to a conviction for a civil offence committed either in or outside the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Saving for Armed Forces Act 49. Nothing in sections 40, 41or 42 shall affect any liability to which a member of the Regiment may be subject under section 29 of the Armed Forces Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Trial of offences 50. (1) Except as expressly provided in this Law, offences against this Law shall be prosecuted before a court of summary jurisdiction. (2) Subject to this Law, summary courts and the Grand Court shall have jurisdiction to try a person for any offence against this Law which, by reason of section 46 or 47, may be committed outside the Islands notwithstanding that the offence would, but for this subsection, have been committed outside the jurisdiction of the court. 51. Who may bring and conduct criminal proceedings 51. (1) Criminal proceedings in respect of an offence against this Law shall not, without the written consent of the Director of Public Prosecutions, be instituted by any person other than the Governor or by an officer or other person duly authorized by the Governor in that behalf. (2) A prosecution for an offence against this Law may be conducted before a court of summary jurisdiction by an officer duly authorized by the Governor in that behalf. Clause 52 Introduced (3) In this section \u201cofficer\u201d means \u2014 (a) an officer of Her Majesty\u2019s armed forces; or (b) any officer of the Regiment. PART 10 - GENERAL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Service pension if killed or disabled 52. Where a person who is a member of the Regiment \u2014 (a) suffers disablement or is killed as a result of undergoing military training under this Law; or (b) suffers disablement or is killed as a result of service in the Regiment when embodied, that person or the person\u2019s dependants, shall be eligible for the grant of such pension as the Governor may determine after consultation with the Minister responsible for finance.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Attendance; pay and allowances 53. (1) Subject to this section, where a member of the Regiment is required to attend drills, annual camp, or is embodied, then in respect of the member\u2019s attendance, the member shall be paid such remuneration by way of basic pay and allowances as may be fixed by the Governor after consultation with the Minister responsible for finance. (2) The Governor\u2019s Orders may regulate the payment of additional remuneration in exceptional cases.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Duty of employer 54. (1) An employer shall not prevent an employee from \u2014 (a) enlisting in the Regiment; (b) undergoing military training, attending drills or annual camp; or (c) subject to section 18, being in active service of the Regiment when the Regiment is embodied. (2) Where a member of the Regiment is in the regular employment of another person and is required to undergo military training, attend drills, attend annual camp or to be in active  service when the Regiment is embodied then the employer of the member shall allow the member to undertake such activities and \u2014 (a) the employer shall ensure that any leave or holiday to which the member would ordinarily be entitled or for which the member would ordinarily be Clause 55 Introduced eligible shall not be prejudiced or restricted by reason of the member undertaking such activities; and (b) the employer shall ensure that any promotion, privilege or advantage in connection with the employment of the member to which the member would ordinarily be entitled or for which the member would ordinarily be eligible shall not be prejudiced by of undertaking such activities. (3) An employer who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of five thousand dollars; and where an employer is convicted of an offence under this section, the court by which the employer is convicted may make such order giving effect to any provision of subsection (1) as the court thinks just. (4) Where an offence under this section is committed by a body corporate, and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person, as well as the body corporate, commits that offence and is liable to be proceeded against and punished accordingly. (5) This section and section 51 apply in respect of a member of the Regiment, at any time during the period of the member\u2019s enlistment when the Regiment is embodied or the member is otherwise called out for service in the Regiment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Equipment to be returned on discharge 55. (1) Where a member of the Regiment is discharged, relinquishes the member\u2019s commission or is dismissed, it shall be that person\u2019s duty to deliver up in good order, fair wear and tear only excepted, all arms, including firearms, clothing and equipment, being public property, issued to the person or in the charge of the person, or, in any case where the delivery of the property is impossible, it shall be the person\u2019s duty to pay into the revenue of the Government the value thereof. (2) A person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a fine equal to seven days\u2019 pay or to imprisonment for a term of one month, or to both. (3) Where a person is convicted of an offence under this section, the court by which the person is convicted may make an order providing for the payment of compensation by the person convicted or such other order as the court determines appropriate, and any such order may be enforced as if it were an order made by the court in a civil cause or action. Clause 56 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Notices 56. (1) All notices, orders and instructions required in connection with the administration of this Law shall, except where otherwise expressly provided, be in writing. (2) Forms may be prescribed in respect of any notice, order, certificate or other document to be used for giving effect to any of the provisions of this Law. (3) Notices of persons appointed to and discharged from the Regiment shall be published in the Gazette.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Service of notices 57. Any notice or other document which is required or authorized by or under this Law or by or under any order or instruction made or issued thereunder to be given or served on any person may, in any case for which no other provision is made by this Law, be given or served \u2014 (a) by delivering it to that person\u2019s last known address or by email or other electronic mailing method; (b) in the case of the Governor, the Deputy Governor, the Board, the Minister the office of the Defence Medical Officer, by leaving it at the office of the Deputy Governor or sending it by prepaid letter addressed to the appropriate authority at the office of the Deputy Governor; (c) in the case of any other person, by leaving it or by sending it in a prepaid letter addressed to the person, at the person\u2019s usual or last known place of residence; or (d) in the case of a corporate body or other body of persons, other than those mentioned in paragraph (b), by delivering it to the secretary or clerk thereof at their registered or principal office, or by sending it in a prepaid letter addressed to the secretary or clerk at that office.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Immunity 58. No person shall be liable in damages for anything done or omitted in the discharge or purported discharge of the person\u2019s respective functions or duties under this Law, or Orders or regulations made under this Law unless it is shown that the act or omission was in bad faith.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Vesting of property 59. Upon the commencement of this Law, all property of, or assigned to, the Regiment prior to the date of the commencement of this Law shall be deemed to have been transferred, conveyed or assured to the Regiment and to be vested in the Regiment. Clause 60 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"General offences and powers of arrest 60. (1) A person who wilfully obstructs or otherwise interferes with a member of the Regiment acting in the execution of the member\u2019s duty commits an offence. (2) A member of the Regiment, while carrying out duties, may arrest without warrant \u2014 (a) any person whom the member of the Regiment believes on reasonable grounds to have committed an offence under subsection (1); and (b) any person whom the member of the Regiment believes on reasonable grounds is about to or has committed an offence, (3) A person arrested for committing an offence in accordance with subsection (2) shall be taken be taken by a member of the Regiment as soon as possible to a police officer. (4) A person who commits an offence under subsection (1) is liable on summary conviction to a fine of two thousand dollars or to imprisonment for a term of six months, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Application of Law to civilians 61. (1) Subject to the modifications specified in subsection (2), where the Regiment, or any part thereof is embodied, deployed or on active duty, Part 9 applies to any person who is employed in the service of, or accompanies the Regiment or any member or part of the Regiment and who is not otherwise subject to service law. (2) The modifications referred to in subsection (1) are the following \u2014 (a) the punishment which may be awarded under Part 9 includes a fine and imprisonment only; and (b) the provisions of this Law relating to the investigation of, and summary dealing with, offences, except as otherwise expressly provided, apply as they apply to soldiers. (3) Any fine awarded by virtue of this section by the Commanding Officer is recoverable as a debt due to the government.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Other Laws not applicable to terms and conditions of service 62. The terms and conditions of service of members of the Regiment are governed only by this Law, regulations made under the Law and the Governor\u2019s Orders. 63. Transitional provisions 63. (1) A person who is appointed or purported to be appointed to any position in the Regiment by the Governor prior to the date of the commencement of this Law shall be deemed on that date to have been lawfully appointed by the Governor. (2) All other acts done or purported to be done by the Governor and the Regiment in furtherance of the establishment and operation of the Regiment prior to the Clause 63 Introduced date of the commencement of this Law shall be deemed on that date to have been lawfully done by the Governor and the Regiment. SCHEDULE 1 Introduced SCHEDULE 1 (Section 15) OFFICER RANKS IN THE REGIMENT Colonel Lieutenant Colonel Major Captain I Lieutenant II Lieutenant SCHEDULE 2 Introduced SCHEDULE 2 (Sections 2 and 32) MILITARY OFFENCES 1. Neglect of duty, that is to say, if a member of the Regiment, while on duty \u2014 (a) fails to attend for any duty; (b) leaves any duty before the member of the Regiment is permitted to do so; (c) fails to perform any duty; or (d) performs any duty negligently. 2. Violence against any person on guard, that is to say, if a member of the Regiment \u2014 (a) uses force against another member of the Regiment or a member of any force co-operating with them, who is \u2014 (i) on guard duty and posted or ordered to patrol; (ii) on watch; or (iii) under orders to regulate traffic by land, water or air; or (b) by the threat of force, compels such a person to let him or her or any other person pass. 3. (1) Insubordinate behaviour, that is to say \u2014 (a) if a member of the Regiment uses violence against a superior officer; and the member of the Regiment knows or has reasonable cause to believe that the other member of the Regiment is a superior officer; or (b) the behaviour of a member of the Regiment towards a superior officer is threatening or disrespectful; and that member of the Regiment believes or has reasonable cause to believe that the other member of the Regiment is a superior officer. (2) For the purposes of this paragraph, the behaviour of a member of the Regiment towards a superior officer includes any communication made by the member of the Regiment to the superior officer, whether or not in the presence of the superior officer. (3) In this paragraph, \u201csuperior officer\u201d, in relation to a member of the Regiment, means an officer, warrant officer or non-commissioned officer of the Regiment, or of Her Majesty\u2019s armed forces, of superior rank. Disobedience, that is to say, if a member of the Regiment \u2014 (a) disobeys a lawful command; and SCHEDULE 2 Introduced (b) intends to disobey, or is reckless as to whether he or she disobeys, the command. 5. (1) Disobedience to standing orders, that is to say, if a member of the Regiment contravenes a lawful order to which this paragraph applies, being a provision known to the member or which the member might reasonably be expected to know. (2) The orders to which this paragraph applies are standing orders or other orders of a continuing nature made by the Commanding Officer or by the officer commanding any sub-unit of the Regiment. 6. (1) Absence without leave, that is to say, if a member of the Regiment, while attending annual camp or while the Regiment, or any part thereof of which the member is a member, is embodied \u2014 (a) absents himself or herself intentionally or negligently without leave; or (b) does an act, being reckless as to whether it will cause him or her to be absent without leave; and it causes him or her to be absent without leave. (2) In subparagraph (1)(b), \u201cact\u201d includes an omission and the reference to the doing of an act is to be read accordingly. 7. (1) Unfitness or misconduct through alcohol or drugs, that is to say, if a member of the Regiment, due to the influence of alcohol or any drug \u2014 (a) is unfit to be entrusted with his or her duty or any duty which he or she might reasonably expect to be called upon to perform; or (b) is disorderly or likely to bring discredit to Regiment. (2) For the purposes of subparagraph (1) a member of the Regiment shall be taken to be unfit to be entrusted with his or her duty, or a duty which he or she might reasonably expect to be called upon to perform, if his or her ability to carry out the duty in question is impaired.] (3) Subparagraph (1) does not apply to the influence of a drug on a member of the Regiment if \u2014 (a) the drug was taken or administered on medical advice and the member of the Regiment complied with any directions given as part of that advice; (b) the drug was taken or administered for a medicinal purpose, and the member of the Regiment had no reason to believe that the drug might impair his or her ability to carry out the duties mentioned in paragraph (1)(a) or result in his or her behaving in a way mentioned in paragraph (1)(b); (c) the drug was taken on the orders of a superior officer of the member of the Regiment; or (d) the drug was administered to the member of the Regiment on the orders of a superior officer of the person administering it. SCHEDULE 2 Introduced (4) In this paragraph \u2014 (a) \u201cdrug\u201d includes any intoxicant other than alcohol; and (b) \u201cbehaviour\u201d of a member of the Regiment includes anything said by him or her. (5) In proceedings for an offence under this paragraph, any sub sub-paragraph of subparagraph (3) shall be treated as not having applied in relation to the defendant unless sufficient evidence is adduced to raise an issue as to whether it did. 8. (1) Loss of or damage to public or service property, that is to say, if a member of the Regiment \u2014 (a) does an act that causes damage to or the loss of any public or service property or any property belonging to another person subject to service law; and (b) either \u2014 (i) intends to cause damage to or the loss of the property, and there is no lawful excuse for his or her act; or (ii) is reckless as to whether he or she causes damage to or the loss of the property; (c) negligently does an act that causes damage to or the loss of any public or service property; or (d) does an act that is likely to cause damage to or the loss of any public or service property and \u2014 (i) the member of the Regiment is reckless as to whether he or she causes damage to or the loss of the property; or (ii) the member of the Regiment is negligent. (2) For the purposes of this paragraph \u2014 (a) \u201cact\u201d includes an omission and references to the doing of an act are to be read accordingly; (b) references to causing include allowing; (c) \u201closs\u201d includes temporary loss; and (d) \u201cproperty\u201d means property of a tangible nature, and references to public or service property are to be read accordingly. 9. Ill-treatment of subordinates, that is to say, if a member of the Regiment who is an officer, warrant officer or non-commissioned officer \u2014 (a) ill-treats another member of inferior rank or less seniority (\u201ca subordinate\u201d); (b) intends to ill-treat a subordinate or is reckless as to whether he or she is illtreating a subordinate; and SCHEDULE 2 Introduced (c) knows or has reasonable cause to believe that the person is a subordinate. 10. (1) Conduct to the prejudice of good order and military discipline, that is to say, if a member of the Regiment does an act that is prejudicial to good order and service discipline or that would tend to bring the Regiment into disrepute. (2) In this paragraph, \u201cact\u201d includes an omission and the reference to the doing of an act is to be read accordingly. Passed by the Legislative Assembly the day of , 2020. 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The Regiment will be responsible for \u2014\n(a)\nthe defence of the Islands;\n(b) providing humanitarian assistance and disaster relief;\n(c)\nassisting the Police Force and the Coast Guard when called upon to so by the\nGovernor; and\n(d) such other duties as the Governor determines.\nIn the performance of their duties, members of the Regiment may, with the authority of the\nCommanding Officer or the delegate of the Commanding Officer, carry firearms.\nClause 6 provides for voluntary enlistment in the Regiment.\nAs the Governor has constitutional powers for the defence of the Islands, clause 7 provides\nthat in the exercise of the Governor\u2019s powers and duties under this legislation and any other\nenactment relating to matters of defence, including armed forces, the Governor shall act in\nthe Governor\u2019s discretion.\nClause 8 provides for the delegation of the Governor\u2019s functions under the legislation.\nClause 8 provides that the Governor, acting in the Governor\u2019s discretion, may \u2014\n(a) delegate functions under this legislation to the Deputy Governor;\n(b) delegate functions relating to the operations of the Regiment to any Minister after\nconsultation with the Premier; and\n(c) by written notice to the Deputy Governor or to the Minister, at any time, revoke any\nfunctions so delegated.\n\nObjects and Reasons\nDefence Bill, 2020\n\nPage 4\n Introduced\nc\n\nPART 2 \u2013 DEFENCE BOARD; DEFENCE MEDICAL OFFICER\nClause 9 provides for the establishment of the Defence Board. It is proposed that the\nGovernor shall, by notice, appoint annually a Board called the Defence Board which shall\nconsist of such number of persons, being not less than five nor more than eleven, as the\nGovernor may determine and such notice shall be published in the Gazette.\nClause 10 provides that the Governor, in the exercise of the powers and duties of the\nGovernor under the legislation and any other enactment which relates to matters of defence,\nthe Governor may consult with or take the advice of the Board as the Governor thinks fit.\nHowever; notwithstanding that the Governor has consulted or taken the advice of the Board\non any matter, the Governor may act in the Governor\u2019s discretion on such matter. Also, in\naccordance with clause 10, in the exercise of the Governor\u2019s delegated responsibilities for\nRegiment matters the Minister and the Deputy Governor may consult the Board.\nClause 11 provides that the Governor may appoint a Defence Medical Officer whose duties\ninclude the examination of any person for the purposes of the legislation and such others\nduties as may be conferred or imposed under this or any other legislation.\n\nPART 3 - RECRUITMENT, ORGANIZATION, GOVERNMENT, TRAINING,\nPAY AND ALLOWANCES OF THE REGIMENT\nClause 12 deals with the command of the Regiment. Clause 12 provides that the Governor\nshall appoint an officer, known as the Commanding Officer, who is a member of the\nRegiment in whom the command of the Regiment will be vested, and that officer will be\nresponsible for the control and administration of the Regiment, subject to the Governor\u2019s\ndirections and to the provisions of the legislation.\nSubject to the legislation and the Governor\u2019s Orders, the Commanding Officer may \u2014\n(a)\nmake standing orders for the control, administration and general government of the\nRegiment; and\n(b) issue a handbook, a code of practice or such other guidelines as Commanding Officer\nmay see fit, for the guidance, government and regulation of members of the\nRegiment.\nClause 13 empowers the Governor to make the Governor\u2019s Orders which will deal, among\nother things, with respect to the administration, recruitment, organization, government,\ntraining, pay and allowances of the Regiment and with respect to any matter and thing\nrelating to the Regiment.\nClause 14 provides for enlistment into the Regiment and the period of service. It is provided\nthat a person who is of eighteen years of age or no more than fifty years of age and who\nis \u2014\n(a) a Commonwealth or Irish citizen, who is a permanent resident of the Cayman Islands\nin accordance with the Immigration (Transition) Law, 2018; or\n(b) a British Overseas Territories citizen or a British citizen,\n\nDefence Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 5\n\nand is either a Caymanian or a permanent resident within the meaning of the\nImmigration (Transition) Law, 2018, may be enlisted into the Regiment in such\nmanner and subject to such conditions as are provided under this Law and as\nprescribed.\nUpon enlistment, a soldier shall serve a minimum period of two years and an officer a\nminimum period of three years. The Governor, may consult the Premier and may, in the\nGovernor\u2019s discretion, allow persons not meeting the requirements of this clause to be\nenlisted into the Regiment if the Governor considers this to be in the best interests of the\nRegiment.\n\nPART 4 - COMMISSIONS\nClause 15 provides for the issue of commissions by the Governor. Clause 15 also provides\nthat Governor\u2019s Orders may be made respecting the commissioning of officers, their terms\nof service, appointment, transfer, promotion, retirement, resignation, removal from office,\nand such other matters concerning officers as the Governor considers necessary.\nClause 16 provides how commissions may be relinquished. Clause 16 provides, inter alia,\nthat subject to certain conditions, if the Governor is satisfied that \u2014\n(a) an officer is inefficient;\n(b) an officer has been guilty of neglect of duty or misconduct; or\n(c) for any other cause, an officer should no longer be an officer,\nthe Governor may, by notice in writing, under the Governor\u2019s hand require that officer to\nrelinquish the officer\u2019s commission or may, by the notice to the officer, dismiss that officer.\nClause 17 provides that where \u2014\n(a) the commission of an officer of the substantive rank of major or above has been\nrelinquished in accordance with clause16 (1) or where the officer has retired; and\n(b) the officer has not been dishonourably discharged,\nthe officer shall be entitled to retain his or her rank title.\n\nPART 5 - EXEMPTED SERVICES\nClause 18 provides that where a member of the Regiment is employed both by the\nRegiment and by an exempted service, the member\u2019s employment obligations to the\nexempted service takes priority over the member\u2019s employment obligations to the\nRegiment. An \u201cexempted service\u201d means \u2014\n(a) Her Majesty\u2019s armed forces;\n(b) the Fire and Rescue Service;\n(c) the Police Service;\n(d) the Prison Service;\n\nObjects and Reasons\nDefence Bill, 2020\n\nPage 6\n Introduced\nc\n\n(e) the Coast Guard;\n(f)\nan officer of the Hazard Management Cayman Islands;\n(g) service as an emergency medical technician or paramedic for a hospital; or\n(h) a person in holy orders or a regular minister in any religious denomination recognized\nby the Governor as such for the purposes of this Law.\nIn accordance with clause 18, where necessary in the order to ensure the sufficient staffing\nof the Regiment at any time, an exempted service specified in subclause (2)(b) to (g) and\nthe Commanding Officer shall consult with the Governor and act in accordance with any\ndirection given by the Governor in respect of priority of employment of a member of the\nRegiment.\nClause 19 provides that a member of the Regiment is exempt from serving on a jury when\nthe Regiment is embodied.\n\nPART 6 - MILITARY TRAINING\nClause 20 provides that subject to the provisions of this Part of the legislation, every\nmember of the Regiment shall, by way of annual military training during each year of the\nperson\u2019s enlistment \u2014\n(a) undergo military training for fifteen days in annual camp at such time and at such\nplace in or outside the Islands as may be notified by the Commanding Officer; and\n(b) attend at least forty drills on such days and at such times and places as may be notified\nby the Commanding Officer, and fulfil such other conditions relating to military\ntraining as may be notified by the Commanding Officer.\nClause 21 provides that the requirements of clause 20 may be dispensed with in whole or\nin part \u2014\n(a) as respects any sub-unit of the Regiment, by the Governor; and\n(b)\nas respects individual persons of the Regiment, by the Governor, or, subject to\nGovernor\u2019s Orders, by the Commanding Officer.\nClause 22 deals with the circumstances where a member of the Regiment wishes to be\nexcused from training.\nClause 23 deals with the circumstances where the employer of a member of the Regiment\nwishes the member to be excused from training.\nClause 24 deals with deferment of military training.\nClause 25 deals with the offence of failure to complete military training.\n\nPART 7 - DISCHARGE\nClause 26 deals with the grounds of discharge from the Regiment which include the\nexpiration of the period of service or where a member of the Regiment is found to be\nmedically unfit by the Defence Medical Officer.\n\nDefence Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 7\n\nClause 27 provides that, without prejudice to clause 26, a member of the Regiment may at\nany time be discharged from the Regiment \u2014\n(a) by the Commanding Officer on good and sufficient cause being shown to the\nCommanding Officer why the person should be discharged; or\n(b) by the Governor after a recommendation by the Commanding Officer that it is in the\npublic interest for the member to be discharged.\n\nPART 8 - EMBODIMENT OF THE REGIMENT\nClause 28 deals with the embodiment of the Regiment. Clause 28 provides, inter alia, that\nif the Governor considers it necessary, to do so in the interests of public safety, the defence\nof the Islands or to assist with public safety in another British Overseas Territory or foreign\nstate, or for any other reason as the Governor sees fit, the Governor may, by Order\npublished in the Gazette, or otherwise made known to members of the Regiment in such\nmanner as may seem to the Governor best suited to the circumstances, direct that the\nRegiment or any part of the Regiment be embodied.\nIn accordance with clause 28, the Governor shall consult the Premier before making an\nOrder under subsection (1), unless the Governor considers this impractical. Also, the\nGovernor shall seek the agreement of the Premier before embodying the Regiment for a\ndeployment to a foreign state but agreement is not required for deployment within the\nIslands or to another British Overseas Territory.\nClause 29 provides that, subject to clause 28, every member of the Regiment shall, while\nundertaking any duty with or training with any regular or reserve forces outside the Islands,\nbe subject to this legislation and military law under the Armed Forces Act, and the Armed\nForces Act shall apply to such member of the Regiment as if the member were a member\nof the regular or reserve force.\nClause 30 provides the Regiment or any part thereof shall, while undertaking any duty with\nor training with a body of regular or reserve forces, be under the general command of the\nofficer commanding that body if the officer is of senior equivalent rank to the officer\ncommanding the Regiment or that part thereof.\nClause 31 deals with the period of embodiment of the Regiment. Clause 31 provides that\nthe period of embodiment of the Regiment, or part of the Regiment, shall be of such\nduration as the Governor may determine and shall not terminate until the Governor orders\nthat the Regiment or the part of the Regiment, shall cease to be embodied.\n\nPART 9 - DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND\nOTHER OFFENCES\nClause 32 empowers a member of the Regiment authorized by the Commanding Officer to\narrest other members of the Regiment without warrant in certain cases.\nClause 33 requires the Commanding officer to advise the Commissioner of police of the\ncommission of a civil offence by a member of the Regiment.\n\nObjects and Reasons\nDefence Bill, 2020\n\nPage 8\n Introduced\nc\n\nClause 34 deals with the duty of the Commanding Officer with respect to investigating\nmilitary offences.\nClause 35 sets out the circumstances in which the Commanding Officer has initial powers\nto charge\nClause 36 provides that where the Commanding Officer has initial powers in respect of a\ncase \u2014\n(a) the Commanding Officer may bring one or more charges;\n(b) the Commanding Officer may refer the case to the Director of Public Prosecutions;\nand\n(c) a charge brought under paragraph (a) shall be regarded for the purposes of this Part\nas allocated for the summary hearing of the Commanding Officer or by a subordinate\ncommander.\nClause 37 sets out the powers of the Commanding Officer after a charge has been laid.\nClause 38 provides that the Commanding Officer, before hearing a charge summarily, shall\ngive an accused the opportunity of electing for the charge to be tried by a summary court.\nClause 39 provides for the powers of Director of Public Prosecutions in respect of a charge\nallocated for summary trial. Clause 39 provides that where a charge against an accused is\nto be dealt with by a summary court the Director of Public Prosecutions may \u2014\n(a) amend the charge;\n(b) substitute for the charge another charge against the accused;\n(c) bring an additional charge against the accused;\n(d) discontinue proceedings on the charge; or\n(e) subject to clause 38, refer the charge to the Commanding Officer, but only if the\ncharge is capable of being heard summarily by the Commanding Officer.\nClause 40 sets out penalties on summary conviction for offence under this Part of the\nlegislation.\nClause 41 provides for the hearing of a charge by the Commanding Officer or by a\nsubordinate commander.\nClause 42 sets out the punishments which may be imposed by the Commanding Officer or\nby a subordinate commander. These include a fine not exceeding twenty-eight day\u2019s pay,\ncarrying out additional fatigue duties and a severe reprimand.\nClause 43 provides for restitution if an offence involves the loss or damage to service\nproperty.\nClause 44 provides for appeals by a member of the Regiment who has been convicted under\nthis Part of the legislation.\nClause 45 provides for the offences of making a false statement or forged or fraudulent\ndocuments.\n\nDefence Bill, 2020\nObjects and Reasons\n\nc\n Introduced\nPage 9\n\nClause 46 provides that clauses 32 to 45 and Schedule 2 shall apply in relation to the\nRegiment and the officers and persons of the Regiment when they are outside as when they\nare within the Islands.\nClause 47 deals with civil offences.\nClause 48 specifies when certain offences are not criminal offences.\nClause 49 provides that nothing in clauses 40, 41or 42 shall affect any liability to which a\nmember of the Regiment may be subject under the Armed Forces Act under clause 29.\nClause 50 provides that except as expressly provided in the legislation, offences against\nthis legislation shall be prosecuted before a court of summary jurisdiction. Clause 50\nfurther provides that, subject to this legislation, summary courts and the Grand Court shall\nhave jurisdiction to try a person for any offence against this legislation which, by reason\nof clause 46 or 47, may be committed outside the Islands notwithstanding that the offence\nwould, but for this subsection, have been committed outside the jurisdiction of the court.\nClause 51 provides that criminal proceedings in respect of an offence against the legislation\nshall not, without the written consent of the Director of Public Prosecutions, be instituted\nby any person other than the Governor or by an officer or other person duly authorized by\nthe Governor in that behalf.\n\nPART 10 - GENERAL\nClause 52 provides that where a person who is a member of the Regiment \u2014\n(a) suffers disablement or is killed as a result of undergoing military training under the\nlegislation; or\n(b) suffers disablement or is killed as a result of service in the Regiment when embodied,\nthat person or the person\u2019s dependants, shall be eligible for the grant of such pension as the\nGovernor may determine after consultation with the Minister of Finance.\nClause 53 deals with pay and allowances. Where a member of the Regiment is required to\nattend drills, annual camp, or is embodied, then in respect of the member\u2019s attendance the\nmember shall be paid such remuneration by way of basic pay and allowances as may be\nfixed by the Governor after consultation with the Minister of Finance. The Governor\u2019s\nOrders may regulate the payment of additional remuneration in exceptional cases.\nClause 54 deals with the duty of employers under the legislation and provides, inter alia,\nthat an employer shall not prevent an employee from \u2014\n(a) enlisting in the Regiment;\n(b) undergoing military training, attending drills or annual camp; or\n(c) subject to clause 18, be in service of the Regiment when the Regiment is embodied.\nClause 55 deals with the return of equipment by a member of the Regiment upon being\ndischarged.\n\nObjects and Reasons\nDefence Bill, 2020\n\nPage 10\n Introduced\nc\n\nClause 56 provides that all notices, orders and instructions required in connection with the\nadministration of the legislation shall, except where otherwise expressly provided, be in\nwriting. It is further provided that notices of appointment to and discharges from the\nRegiment shall be published in the Gazette.\nClause 57 deals with the service of notices.\nClause 58 provides that no person shall be liable in damages for anything done or omitted\nin the discharge or purported discharge of the person\u2019s respective functions or duties under\nthe legislation, or Orders or regulations made under the legislation unless it is shown that\nthe act or omission was in bad faith.\nClause 59 deals with the vesting of property in the Regiment. Clause 59 provides that upon\nthe commencement of the legislation, all property of, or assigned to, the Regiment prior to\nthe date of the commencement of the legislation shall be deemed to have been transferred,\nconveyed or assured to the Regiment and to be vested in the Regiment.\nClause 60 deals with general offences and powers of arrest by member of the Regiment\nwhen they are on duty.\nClause 61 specifies how the legislation applies to civilians. It is provided, inter alia,  that\nwhere the Regiment, or any part thereof is embodied, deployed or on active duty, Part 9 of\nthe legislation applies to any person who is employed in the service of, or accompanies the\nRegiment or any member or part of the Regiment and who is not otherwise subject to\nservice law.\nClause 62 provides that the terms and conditions of service of members of the Regiment\nare governed only by the legislation, regulations made under the legislation and the\nGovernor\u2019s Orders.\nClause 63 contains transitional provisions. Clause 63 provides that a person who is\nappointed or purported to be appointed to any position in the Regiment by the Governor\nprior to the date of the commencement of the legislation shall be deemed on that date to\nhave been lawfully appointed by the Governor. Further, all other acts done or purported to\nbe done by the Governor and the Regiment in furtherance of the establishment and\noperation of the Regiment prior to the date of the commencement of the legislation shall\nbe deemed on that date to have been lawfully done by the Governor and the Regiment.\n\nDefence Bill, 2020\nArrangement of Clauses\n\nc\n Introduced\nPage 11\n\nCAYMAN ISLANDS\n\nDEFENCE BILL, 2020\n\nArrangement of Clauses\nClause\nPage\nPART 1 - PRELIMINARY\n1.\nShort title and commencement ................................................................................................ 15\n2.\nInterpretation ........................................................................................................................... 15\n3.\nMilitary service to be performed in and outside of the Islands .................................................. 16\n4.\nContinuation of the Regiment................................................................................................... 17\n5.\nDuties of the Regiment ............................................................................................................ 17\n6.\nVoluntary enlistment ................................................................................................................ 17\n7.\nGovernor acts in the Governor\u2019s discretion .............................................................................. 17\n8.\nDelegation of Governor\u2019s functions relating to enlistment and other duties ............................... 17\nPART 2 \u2013 DEFENCE BOARD; DEFENCE MEDICAL OFFICER\n9.\nDefence Board ......................................................................................................................... 18\n10.\nGovernor may consult Board ................................................................................................... 19\n11.\nDefence Medical Officer ........................................................................................................... 19\nPART 3 - RECRUITMENT, ORGANIZATION, GOVERNMENT,\nTRAINING, PAY AND ALLOWANCES OF THE REGIMENT\n12.\nCommand of Regiment ............................................................................................................ 19\n13.\nGovernor\u2019s Orders ................................................................................................................... 20\n14.\nEnlistment and period of service .............................................................................................. 21\n\nArrangement of Clauses\nDefence Bill, 2020\n\nPage 12\n Introduced\nc\n\nPART 4 - COMMISSIONS\n15.\nGovernor\u2019s commission, and the appointment and transfer of officers ..................................... 21\n16.\nRelinquishment of commission ................................................................................................ 22\n17.\nRelinquishment of commission - retention of rank title ............................................................. 22\nPART 5 - EXEMPTED SERVICES\n18.\nPriority of exempted services ................................................................................................... 23\n19.\nExemption from jury duty ......................................................................................................... 23\nPART 6 - MILITARY TRAINING\n20.\nObligation to undergo military training ...................................................................................... 24\n21.\nPower to dispense with military training ................................................................................... 24\n22.\nCommanding Officer may excuse from military training ........................................................... 24\n23.\nCommanding Officer may excuse from military training on application of employer.................. 24\n24.\nDeferment of military training ................................................................................................... 25\n25.\nOffence of failure to complete military training.......................................................................... 25\nPART 7 - DISCHARGE\n26.\nGrounds for discharge ............................................................................................................. 26\n27.\nDischarge on cause being shown ............................................................................................ 26\nPART 8 - EMBODIMENT OF THE REGIMENT\n28.\nEmbodiment of the Regiment................................................................................................... 27\n29.\nArmed Forces Act applies when undertaking duty with or training with UK regular or\nreserve forces .......................................................................................................................... 28\n30.\nGeneral command when undertaking duty with or training with UK regular or reserve\nforces ...................................................................................................................................... 28\n31.\nPeriod of embodiment of the Regiment .................................................................................... 28\nPART 9 - DISCIPLINE, TRIAL AND PUNISHMENT OF\nMILITARY AND OTHER OFFENCES\n32.\nMilitary offences and other offences: arrest .............................................................................. 28\n33.\nCommanding Officer to ensure the Commissioner of Police is aware of the possibility that\na criminal offence has been committed .................................................................................... 29\n34.\nDuty of Commanding Officer with respect to investigation of military offences ......................... 29\n35.\nCircumstances in which Commanding Officer has power to charge etc. ................................... 30\n36.\nPower of Commanding Officer to charge etc. ........................................................................... 30\n37.\nPowers of Commanding Officer after charge ........................................................................... 30\n38.\nRight to elect trial by a summary court ..................................................................................... 31\n39.\nPowers of Director of Public Prosecutions in respect of charge allocated for trial by\nsummary.................................................................................................................................. 31\n40.\nPenalty on summary conviction ............................................................................................... 32\n41.\nHearing by Commanding Officer or subordinate commander ................................................... 32\n42.\nPunishments which may be imposed by Commanding Officer or subordinate commander ...... 32\n43.\nRestitution if offence involves property ..................................................................................... 33\n\nDefence Bill, 2020\nArrangement of Clauses\n\nc\n Introduced\nPage 13\n\n44.\nAppeal to the Grand Court and Court of Appeal ....................................................................... 34\n45.\nFalse statements ..................................................................................................................... 34\n46.\nOffences outside the Islands .................................................................................................... 34\n47.\nCivil offences ........................................................................................................................... 34\n48.\nContravention of certain provisions not to be criminal offences ................................................ 35\n49.\nSaving for Armed Forces Act ................................................................................................... 35\n50.\nTrial of offences ....................................................................................................................... 35\n51.\nWho may bring and conduct criminal proceedings ................................................................... 35\nPART 10 - GENERAL\n52.\nService pension if killed or disabled ......................................................................................... 36\n53.\nAttendance; pay and allowances ............................................................................................. 36\n54.\nDuty of employer ..................................................................................................................... 36\n55.\nEquipment to be returned on discharge ................................................................................... 37\n56.\nNotices .................................................................................................................................... 38\n57.\nService of notices .................................................................................................................... 38\n58.\nImmunity .................................................................................................................................. 38\n59.\nVesting of property................................................................................................................... 38\n60.\nGeneral offences and powers of arrest .................................................................................... 39\n61.\nApplication of Law to civilians .................................................................................................. 39\n62.\nOther Laws not applicable to terms and conditions of service .................................................. 39\n63.\nTransitional provisions ............................................................................................................. 39\nSCHEDULE 1\n41\nSCHEDULE 2\n42\n\nDefence Bill, 2020\nClause 1\n\nc\n Introduced\nPage 15\n\nCAYMAN ISLANDS\n\nDEFENCE BILL, 2020\n\nA BILL FOR A LAW TO PROVIDE FOR THE ESTABLISHMENT OF A REGIMENT FOR\nTHE ISLANDS; AND FOR INCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART 1 - PRELIMINARY\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Defence Law, 2020.\n(2) This Law shall come into force on such date as may be appointed by Order made\nby the Cabinet and different dates may be appointed for different provisions of\nthis Law and in relation to different matters.\n2.\nInterpretation\n2.\nIn this Law \u2014\n\u201cArmed Forces Act\u201d means the Armed Forces Act 2006 (UK), or any Act\nreplacing that Act;\n\u201carms\u201d includes batons, handcuffs and other means of restraints, protective\nvests, tasers and pepper spray;\n\u201cBoard\u201d means the Defence Board established under section 9;\n\nClause 3\nDefence Bill, 2020\n\nPage 16\n Introduced\nc\n\n\u201cCayman Islands Regiment\u201d means the military force established under\nsection 4 and referred to as the Regiment;\n\u201cCommanding Officer\u201d means the officer in command of the Cayman Islands\nRegiment;\n\u201cdays\u2019 pay\u201d shall be calculated by reference to the basic pay scale for a soldier;\n\u201cDefence Medical Officer\u201d means the medical officer appointed under section\n11;\n\u201cembodied\u201d, in relation to the Regiment or a part thereof, means embodied\nunder section 28;\n\u201cexempted person\u201d means a person exempted under section 18;\n\u201cfirearm\u201d has the meaning assigned by section 2(1) of the Firearms Law (2008\nRevision);\n\u201cGovernor\u2019s Orders\u201d means orders made by the Governor under section 13;\n\u201cHer Majesty\u2019s armed forces\u201d means the regular and reserve forces of the\nRoyal Navy, Her Majesty\u2019s air forces and Her Majesty\u2019s military forces;\n\u201cHer Majesty\u2019s air forces\u201d and \u201cHer Majesty\u2019s military forces\u201d do not\ninclude any Commonwealth or British Overseas Territory Force;\n\u201cHer Majesty\u2019s regular forces\u201d means the Royal Navy and Her Majesty\u2019s\nregular military and air forces, and includes any similar naval, military or air\nforces raised in any part of Her Majesty\u2019s dominions, but does not include\nreservists;\n\u201cmilitary offence\u201d means an offence specified in Schedule 2;\n\u201cMinister\u201d means the Minister to whom functions relating to the operations of\nthe Regiment are delegated under section 8(b);\n\u201cofficer\u201d means a commissioned officer in the Regiment;\n\u201cprescribed\u201d means prescribed by or under Governor\u2019s Orders;\n\u201csoldier\u201d means a member of the Regiment below the rank of Lance Corporal;\nand\n\u201csummary court\u201d means a court of summary jurisdiction constituted in\naccordance with the Summary Jurisdiction Law (2019 Revision).\n3.\nMilitary service to be performed in and outside of the Islands\n3.\nA member of the Regiment may be required to perform military services, including\ntraining and non-combatant services, both in and outside of the Islands at the direction\nof the Governor.\n\nDefence Bill, 2020\nClause 4\n\nc\n Introduced\nPage 17\n\n4.\nContinuation of the Regiment\n4.\nSubject to, and in accordance with this Law, there continues to be raised and\nmaintained in the Islands a reserve military force known as the Cayman Islands\nRegiment consisting of a reserve force and shall comprise such number of officers\nand persons as may from time to time be determined by the Governor.\n5.\nDuties of the Regiment\n5.\n(1) The Regiment is responsible for \u2014\n(a)\nthe defence of the Islands;\n(b) providing humanitarian assistance and disaster relief;\n(c)\nassisting the Royal Cayman Islands Police Service and the Coast Guard\nwhen called upon to so by the Governor; and\n(d) such other duties as the Governor determines.\n(2) In the performance of their duties, members of the Regiment may, with the\nauthority of the Commanding Officer or the delegate of the Commanding\nOfficer, carry firearms.\n6.\nVoluntary enlistment\n6.\nThe Regiment shall be raised and maintained by means of voluntary enlistment.\n7.\nGovernor acts in the Governor\u2019s discretion\n7.\nIn the exercise of the Governor\u2019s powers and duties under this Law and any other\nenactment relating to matters of defence, including armed forces, the Governor shall\nact in the Governor\u2019s discretion.\n8.\nDelegation of Governor\u2019s functions relating to enlistment and other duties\n8.\nThe Governor, acting in the Governor\u2019s discretion, may \u2014\n(a) delegate functions under this Law to the Deputy Governor;\n(b) delegate functions relating to the operations of the Regiment to any\nMinister after consultation with the Premier; and\n(c)\nby written notice to the Deputy Governor or to the Minister, at any time,\nrevoke any functions so delegated.\n\nClause 9\nDefence Bill, 2020\n\nPage 18\n Introduced\nc\n\nPART 2 \u2013 DEFENCE BOARD; DEFENCE MEDICAL OFFICER\n9.\nDefence Board\n9.\n(1) The Governor shall, by notice, appoint annually a Board called the Defence\nBoard which shall consist of such number of persons, being not less than five\nnor more than eleven, as the Governor may determine and such notice shall be\npublished in the Gazette.\n(2) A person appointed to be a member of the Board shall hold office during the\nGovernor\u2019s pleasure and unless the person\u2019s appointment is earlier terminated\nit shall be deemed to terminate one year from the date upon which the\nappointment took effect.\n(3) There shall be a chairperson and a deputy chairperson of the Board, each of\nwhom shall be appointed by the Governor from among the members of the\nBoard and each of whom shall hold office as such during the Governor\u2019s\npleasure.\n(4) Notwithstanding subsections (1) to (3), the Board shall be deemed to be properly\nconstituted even though there is a vacancy in the office of chairperson or deputy\nchairperson or of any other member of the Board.\n(5) At any meeting of the Board, the Governor may preside over the meeting if,\nacting in the Governor\u2019s discretion, the Governor decides to do so but, unless\nthe Governor so decides the meeting 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 the deputy chairperson, such\nother member of the Board as the members present elect to act as\nchairperson at that meeting.\n(6) At every meeting of the Board, a quorum shall consist of a simple majority of\nmembers present and decisions shall be adopted by a simple majority of the\nvotes of the members present and voting except that, in the case of an equality\nof votes, the chairperson of the meeting shall, in addition, have a casting vote.\n(7) The Board may appoint sub-committees from among its members and every\nsuch sub-committee shall consist of a chairperson and such number of subcommittee members as the Board may, in each case, determine, and the\nmembers of a sub-committee shall hold office on the sub-committee for such\nperiod and on such terms as the Board may determine.\n(8) A quorum of a sub- committee shall consist of a simple majority of the members,\nand decisions shall be adopted by a simple majority of the votes of the members\npresent and voting except that, in the case of an equality of votes, the chairperson\nof the meeting shall, in addition, have a casting vote.\n\nDefence Bill, 2020\nClause 10\n\nc\n Introduced\nPage 19\n\n(9) The Board may, with the consent in writing of the Governor, authorize a subcommittee appointed under subsection (7) to perform any of its functions under\nthis Law or other statutory provisions; and the act of any sub-committee so\nauthorized to perform any function of the Board shall be deemed to be an act of\nthe Board when the sub-committee is acting within the scope of its authority.\n10.\nGovernor may consult Board\n10. (1) In the exercise of the powers and duties of the Governor under this Law and any\nother enactment which relates to matters of defence, the Governor may consult\nwith or take the advice of the Board as the Governor thinks fit; but,\nnotwithstanding that the Governor has consulted or taken the advice of the\nBoard on any matter, the Governor may act in the Governor\u2019s discretion on such\nmatter.\n(2) In the exercise of the Governor\u2019s delegated responsibilities for Regiment\nmatters, the Minister and the Deputy Governor may consult the Board.\n11.\nDefence Medical Officer\n11. The Governor may appoint a Defence Medical Officer whose duties include the\nexamination of any person for the purposes of this Law and such others duties as may\nbe conferred or imposed upon the Defence Medical Officer by or under this or any\nother Law.\nPART 3 - RECRUITMENT, ORGANIZATION, GOVERNMENT,\nTRAINING, PAY AND ALLOWANCES OF THE REGIMENT\n12.\nCommand of Regiment\n12. (1) The Governor shall appoint an officer, known as the Commanding Officer, who\nis a member of the Regiment in whom the command of the Regiment will be\nvested, and that officer is responsible for the control and administration of the\nRegiment, subject to the Governor\u2019s directions and to the provisions of this Law.\n(2) Subject to this Law and the Governor\u2019s Orders, the Commanding Officer\nmay \u2014\n(a)\nmake standing orders for the control, administration and general\ngovernment of the Regiment; and\n(b) issue a handbook, a code of practice or such other guidelines as the\nCommanding Officer may see fit, for the guidance, government and\nregulation of members of the Regiment.\n\nClause 13\nDefence Bill, 2020\n\nPage 20\n Introduced\nc\n\n13.\nGovernor\u2019s Orders\n13. (1) Subject to this Law, the Governor may make general or special orders, to be\ncalled Governor\u2019s Orders, with respect to the administration, recruitment,\norganization, government, training, pay and allowances of the Regiment and\nwith respect to any matter and thing relating to the Regiment, including any\nmatter \u2014\n(a)\nwhich is expressed by this Law to be a matter for which provision may be\nmade by Governor\u2019s Orders; and\n(b) which under this Law may be or is to be prescribed by Governor\u2019s Orders.\n(2) Without prejudice to the generality of the powers conferred upon the Governor\nby subsection (1) provision may be made by Governor\u2019s Orders for the\nfollowing \u2014\n(a)\nthe members of the Regiment in whom command over any part of the\nRegiment or members thereof is vested and as to the circumstances in\nwhich such command is to be exercised;\n(b) the formation of members of the Regiment into sub-units;\n(c)\nfor posting, attaching or otherwise dealing with such members within the\nRegiment;\n(d) for attaching members of the Regiment for service with a cadet corps\nestablished in the Islands by or under any Law;\n(e)\nfor the constitution of a permanent staff, including officers, adjutants,\nwarrant officers and non-commissioned officers who may be members of\nthe Regiment or Her Majesty\u2019s armed forces;\n(f)\nfor regulating the appointment, and retirement of the Commanding\nOfficer, other officers and members of the Regiment and their numbers,\nranks and duties; and\n(g) for the constitution and functions of a promotions board.\n(3) Governor\u2019s Orders may take the form of applying to the Regiment, with such\nmodifications, exceptions or variations as are specified in the Governor\u2019s\nOrders, the provisions of any order, regulation, or instruction made or issued in\nrespect of Her Majesty\u2019s armed forces.\n(4) Governor\u2019s Orders may take the form of authorizing the Deputy Governor to\nissue instructions providing for any matter with respect to which, by virtue of\nthis section, Governor\u2019s Orders may be made.\n(5) Governor\u2019s Orders shall not be inconsistent with any of the provisions of\nthis Law.\n(6) The power of the Governor to make Governor\u2019s Orders under this section shall\ninclude a power to revoke or vary any Governor\u2019s Orders so made.\n\nDefence Bill, 2020\nClause 14\n\nc\n Introduced\nPage 21\n\n(7) In making Governor\u2019s Orders in respect of Regiment matters responsibility for\nwhich has been delegated to the Minister for the time being responsible for\ndefence, the Governor may act on the advice of the Deputy Governor or\nMinister.\n14.\nEnlistment and period of service\n14. (1) Subject to directions of the Governor and section 15, a person who is  eighteen\nyears of age or no more than fifty years of age and who is \u2014\n(a)\na Commonwealth or Irish citizen, who is a permanent resident of the\nIslands in accordance with the Immigration (Transition) Law, 2018; or\n(b) a British Overseas Territories citizen or a British citizen,\nand is either a Caymanian or a permanent resident within the meaning of the\nImmigration (Transition) Law, 2018, may be enlisted into the Regiment in such\nmanner and subject to such conditions as are provided under this Law and as\nprescribed.\n(2) Upon enlistment, a soldier shall serve a minimum period of two years and an\nofficer a minimum period of three years.\n(3) The Governor may consult the Premier and may, in the Governor\u2019s discretion,\nallow persons not meeting the requirements of subsection (1) to be enlisted into\nthe Regiment if the Governor considers this to be in the best interests of the\nRegiment.\nPART 4 - COMMISSIONS\n15.\nGovernor\u2019s commission, and the appointment and transfer of officers\n15. (1) The Governor may, in the Governor\u2019s discretion, by commission, appoint a\nperson, who is eligible to enlist in accordance with section 14, to a rank of\nofficer listed in Schedule 1 in the Regiment where that person fulfils the\nprescribed conditions as to age, physical fitness, educational qualifications or\nother conditions as the Governor may determine.\n(2) A commission may be granted either for an indefinite period or for a specified\nperiod.\n(3) Every officer, upon being granted a commission, is entitled to be issued with a\ncommission in the form set out in the Governor\u2019s Orders, and the commission\nshall be signed by the Governor.\n(4) Every officer, upon being granted a commission, shall be appointed by the\nGovernor to the Regiment.\n(5) The Governor may make Governor\u2019s Orders \u2014\n\nClause 16\nDefence Bill, 2020\n\nPage 22\n Introduced\nc\n\n(a)\nrespecting the commissioning of officers, their terms of service,\nappointment, transfer, promotion, retirement, resignation, removal from\noffice, and such other matters concerning officers as the Governor\nconsiders necessary; and\n(b) for the better carrying into effect of this Part.\n16.\nRelinquishment of commission\n16. (1) An officer may at any time apply in the prescribed manner to the Governor for\npermission to relinquish the officer\u2019s commission; and the Governor after\nconsidering the circumstances may grant the application.\n(2) Subject to subsection (3), if the Governor is satisfied that \u2014\n(a)\nan officer is inefficient;\n(b) an officer has been guilty of neglect of duty or misconduct; or\n(c)\nfor any other cause, an officer should no longer be an officer,\nthe Governor may, by notice in writing, under the Governor\u2019s hand require that\nofficer to relinquish the officer\u2019s commission or may, by the notice to the\nofficer, dismiss that officer.\n(3) The Governor shall not require an officer to relinquish the officer\u2019s commission\nor dismiss an officer until the Governor has consulted the Commanding Officer;\nand, where the officer is charged with misconduct or neglect of duty, unless the\nofficer has been given full opportunity to exculpate himself or herself before a\nCourt of Inquiry, consisting of officers each of whom is an officer either of Her\nMajesty\u2019s armed forces or of the Regiment appointed by the Governor to inquire\ninto and report on all the circumstances of the case.\n(4) The relinquishment by an officer of the officer\u2019s commission or the dismissal of\nan officer shall not of itself operate so as to absolve the person who has been an\nofficer from any liability under this Law to be called up for military service or\nso as to preclude the acceptance of the person\u2019s services as a volunteer.\n(5) Without prejudice to anything in the foregoing provisions of this section,\nprovision may be made by Governor\u2019s Orders for fixing age limits at which\nofficers, or officers of a particular rank, shall or may be required to relinquish\ntheir commissions, and for matters incidental thereto.\n(6) Nothing in this section shall be construed so as to affect any liability to which\nan officer may be subject under the Armed Forces Act while the Regiment or\nthe sub-unit of the Regiment in which he or she is an officer is embodied.\n17.\nRelinquishment of commission - retention of rank title\n17. (1) Where \u2014\n\nDefence Bill, 2020\nClause 18\n\nc\n Introduced\nPage 23\n\n(a)\nthe commission of an officer of the substantive rank of Major or above has\nbeen relinquished in accordance with section 16(1) or where the officer\nhas retired; and\n(b) the officer has not been dishonourably discharged,\nthe officer shall be entitled to retain the officer\u2019s rank title.\n(2) Where an officer chooses to retain the officer\u2019s rank title in accordance with this\nsection, such rank title shall have affixed immediately after it the word\n\u201c(Retired)\u201d or \u201c(Retd\u201d).\n(3) In this section, \u201crank title\u201d means the last substantive rank held by an officer,\nprior to the officer\u2019s commission being relinquished.\nPART 5 - EXEMPTED SERVICES\n18.\nPriority of exempted services\n18. (1) Subject to subsection (3), where a member of the Regiment is employed both\nby the Regiment and by an exempted service, the member\u2019s employment\nobligations to the exempted service take priority over the member\u2019s\nemployment obligations to the Regiment.\n(2) For the purpose of subsection (1), an \u201cexempted service\u201d means \u2014\n(a)\nHer Majesty\u2019s armed forces;\n(b) the Fire and Rescue Service;\n(c)\nthe Police Service;\n(d) the Prison Service;\n(e)\nthe Coast Guard; (f) an officer of the Hazard Management Cayman\nIslands;\n(g) service as an emergency medical technician or paramedic for a hospital; or\n(h) a person in holy orders or a minister in any religious denomination\nrecognized by the Governor as such for the purposes of this Law.\n(3) Where necessary, in order to ensure the sufficient staffing of the Regiment at\nany time, an exempted service specified in subsection (2)(b) to (g) and the\nCommanding Officer shall consult with the Governor and act in accordance with\nany direction given by the Governor in respect of priority of employment of a\nmember of the Regiment.\n19.\nExemption from jury duty\n19. A member of the Regiment is exempt from serving on a jury when the Regiment is\nembodied.\n\nClause 20\nDefence Bill, 2020\n\nPage 24\n Introduced\nc\n\nPART 6 - MILITARY TRAINING\n20.\nObligation to undergo military training\n20. Subject to the provisions of this Part, every member of the Regiment shall for the\npurpose of completing annual military training during each year of the person\u2019s\nenlistment \u2014\n(a)\nundergo military training for fifteen days in annual camp at such time and\nat such place in or outside the Islands as may be notified by the\nCommanding Officer;\n(b) attend at least forty drills on such days and at such times and places as may\nbe notified by the Commanding Officer; and\n(c)\nfulfil such other conditions relating to military training as may be notified\nby the Commanding Officer.\n21.\nPower to dispense with military training\n21. The requirements of section 20 may be dispensed with in whole or in part \u2014\n(a)\nin respect of any sub-unit of the Regiment, by the Governor; and\n(b) in respect of individual members of the Regiment, by the Governor, or,\nsubject to Governor\u2019s Orders, by the Commanding Officer.\n22.\nCommanding Officer may excuse from military training\n22. (1) A member of the Regiment may apply to the Commanding Officer to be excused\nfrom undergoing all or any of the military training required by section 20, on\nthe ground that the person would thereby be caused undue hardship.\n(2) The Commanding Officer shall hear the application under subsection (1) and\nshall make such directive as appears to Commanding Officer to be just and\nwhere a member of the Regiment is excused, the Commanding Officer shall\nissue to the person a certificate accordingly.\n(3) Where the Commanding Officer makes a directive excusing in whole or in part\nthe attendance of a member of the Regiment at annual camp the directive may\ncontain a condition that the person so excused shall undergo additional military\ntraining by way of additional drills, and any such condition shall be included in\nthe certificate referred to in subsection (2).\n23.\nCommanding Officer may excuse from military training on application of\nemployer\n23. (1) An employer of a person who is a member of the Regiment may apply to the\nCommanding Officer for the person employed to be excused in whole or in part\nfrom attendance at annual camp as required by section 20, on the ground that\nthe employer would thereby be caused undue hardship.\n\nDefence Bill, 2020\nClause 24\n\nc\n Introduced\nPage 25\n\n(2) The Commanding Officer shall hear the application under subsection (1), and\nshall make such directive as appears to the Commanding Officer to be just and,\nwhere a person is excused, the Commanding Officer shall issue certificates to\nthe person and to the person\u2019s employer accordingly.\n(3) Where the Commanding Officer makes a directive under this section excusing\na person in whole or in part from attendance at annual camp, the directive may\ncontain a condition that the person so excused shall undergo additional military\ntraining by way of additional drills, and any such conditions shall be included\nin the certificates referred to in subsection (2).\n24.\nDeferment of military training\n24. (1) Where a member of the Regiment \u2014\n(a)\nbecomes enrolled as a pupil or student in any school, college or university\noutside the Islands or as a full-time student at a college in the Islands;\n(b) is absent from the Islands; or\n(c)\nis a medically unfit person who is likely to cease to be a medically unfit\nperson,\nthen the military training which the person is required to undergo by virtue of\nthis Part may be deferred for any period or periods and from time to time\naccording to the circumstances of the case.\n(2) The Governor\u2019s Orders may regulate the deferment of military training under\nthis section.\n25.\nOffence of failure to complete military training\n25. A member of the Regiment who without reasonable excuse, the proof of which shall\nbe upon the person, fails \u2014\n(a)\nto complete the annual training which by or under this Law the person is\nrequired to undergo; or\n(b) to attend the number of drills during any particular period in accordance\nwith the directions of the Commanding Officer given under this Law,\ncommits an offence and is liable on summary conviction to a fine equal to twenty\neight days\u2019 pay or to imprisonment for a term of three months, or to both.\n\nClause 26\nDefence Bill, 2020\n\nPage 26\n Introduced\nc\n\nPART 7 - DISCHARGE\n26.\nGrounds for discharge\n26. (1) A member of the Regiment shall, except when the Regiment or the sub-unit of\nthe Regiment of which the person is a member is embodied, or when the\nGovernor otherwise directs, be entitled to be discharged on the expiration of the\nperiod for which under this Law the person is required to serve.\n(2) Where the time at which a member of the Regiment would be entitled to be\ndischarged under subsection (1) occurs while the Regiment or the sub-unit of\nthe Regiment of which the person is a member is embodied, then the person\u2019s\nright to be discharged shall, unless the Governor otherwise directs, be suspended\nuntil the termination of the period for which the Regiment or the sub-unit, is\nembodied.\n(3) A member of the Regiment shall be discharged at any time if the Defence\nMedical Officer certifies that the person is medically unfit for further service in\nthe Regiment.\n(4) Subject to subsection (5), a member of the Regiment who becomes an exempted\nperson by reason of the person\u2019s entry or enlistment in any of Her Majesty\u2019s\narmed forces shall, except when the Regiment or sub-unit of the Regiment of\nwhich the person is a member is embodied, be entitled to be discharged.\n(5) The Governor may grant permission to a member of the Regiment to enter or\nenlist in any of Her Majesty\u2019s armed forces notwithstanding that the Regiment\nor the sub-unit of the Regiment of which the person is a member is embodied.\n(6) In this section \u201cdischarged\u201d in relation to a member of the Regiment, means\ndischarged from the Regiment.\n27.\nDischarge on cause being shown\n27. (1) Without prejudice to section 26, a member of the Regiment may at any time be\ndischarged from the Regiment \u2014\n(a)\nby the Commanding Officer, on good and sufficient cause being shown to\nthe Commanding Officer why the person should be discharged; or\n(b) by the Governor, after a recommendation by the Commanding Officer that\nit is in the public interest for the member to be discharged.\n(2) The Governor\u2019s Orders may regulate the discharge of persons under this section\nand in particular appeals to the Governor against a refusal to discharge or against\na discharge.\n\nDefence Bill, 2020\nClause 28\n\nc\n Introduced\nPage 27\n\nPART 8 - EMBODIMENT OF THE REGIMENT\n28.\nEmbodiment of the Regiment\n28. (1) If the Governor considers it necessary to do so \u2014\n(a)\nin the interests of public safety;\n(b) for the defence of the Islands;\n(c)\nto assist with public safety in another British Overseas Territory or foreign\nstate; or\n(d) for any other reason as the Governor sees fit,\nthe Governor may, by Order published in the Gazette, or otherwise made known\nto members of the Regiment in such manner as may seem to the Governor best\nsuited to the circumstances, direct that the Regiment or any part of the Regiment\nbe embodied.\n(2) The Governor shall consult the Premier before making an Order under\nsubsection (1), unless the Governor considers this impractical.\n(3) The Governor shall seek the agreement of the Premier before embodying the\nRegiment for a deployment to a foreign state but agreement is not required for\ndeployment within the Islands or to another British Overseas Territory.\n(4) Subject to this section, upon the making of an Order under subsection (1) every\nmember of the Regiment affected by the Order shall report at such place and at\nsuch time as may be specified in the Order or made known to the member by or\nthrough any of the member\u2019s officers or otherwise duly made known to the\nmember.\n(5) A member of the Regiment who without reasonable excuse, the proof of which\nshall be upon the person, fails to report as required by this section commits an\noffence and is liable on summary conviction to a fine equal to twenty-eight days\u2019\npay or to imprisonment for a term of six months, or to both.\n(6) A police officer or any member the Regiment \u2014\n(a)\nmay arrest without warrant any member of the Regiment whom the police\nofficer or the member believes on reasonable grounds to have committed\nan offence under this section;\n(b) shall convey a member who is arrested to the Commanding Officer, or to\nsuch place as is appointed by Commanding Officer, to be dealt with\naccording to law; and\n(c)\nmay convey under arrest any person convicted of an offence to such place\nas may be appointed by any officer of designated by the Commanding\nOfficer, by the Governor or by the court.\n\nClause 29\nDefence Bill, 2020\n\nPage 28\n Introduced\nc\n\n29.\nArmed Forces Act applies when undertaking duty with or training with UK\nregular or reserve forces\n29. (1) Subject to section 28, every member of the Regiment shall, while undertaking\nany duty or training with regular or reserve forces outside the Islands, be subject\nto this Law and military law under the Armed Forces Act, and the Armed Forces\nAct shall apply to such member of the Regiment as if the member were a\nmember of the regular or reserve forces.\n(2) For the purposes of this section and section 30 \u2014\n(a)\na member of the Regiment shall be deemed to be undertaking any duty\nwith or training with any reserve or regular forces when so ordered to act\nby the Governor; and\n(b) \u201cregular forces\u201d and \u201creserve forces\u201d have the meanings assigned by\nsection 374 of the Armed Forces Act.\n30.\nGeneral command when undertaking duty with or training with UK regular or\nreserve forces\n30. (1) The Regiment or any part thereof shall, while undertaking any duty with or\ntraining with a body of regular or reserve forces, be under the general command\nof the officer commanding that body if the officer is of senior equivalent rank\nto the officer commanding the Regiment or that part thereof.\n(2) The extent of command to be exercised over a member of the Regiment while\nundertaking any duty with or training with a body of regular or reserve forces\nshall be at the Governor\u2019s discretion.\n31.\nPeriod of embodiment of the Regiment\n31. The period of embodiment of the Regiment, or part of the Regiment, shall be of such\nduration as the Governor may determine and shall not terminate until the Governor\norders that the Regiment or the part of the Regiment, shall cease to be embodied.\nPART 9 - DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY\nAND OTHER OFFENCES\n32.\nMilitary offences and other offences: arrest\n32. (1) A member of the Regiment, if authorized in writing by the Commanding Officer\nto arrest offenders, may arrest without warrant \u2014\n(a)\nany member of the Regiment whom the member believes on reasonable\ngrounds to have committed a military offence; or\n(b) any member of the Regiment who commits an offence under section 25 or\nsection 28(5).\n\nDefence Bill, 2020\nClause 33\n\nc\n Introduced\nPage 29\n\n(2) A member of the Regiment arrested for committing a military offence or an\noffence under section 25 or section 28(5) shall be taken forthwith to the\nCommanding Officer, or to such other officer as the Commanding Officer shall\nappoint for the purpose.\n(3) Any member of the Regiment brought before the Commanding Officer or other\nofficer appointed under subsection (2) shall, unless the member\u2019s case is\ncompleted at the time of being brought before the Commanding Officer or other\nofficer so appointed, be released on giving an undertaking that the member will\nappear before the officer trying the member\u2019s case when called upon, unless the\nCommanding Officer or other officer is satisfied that the member will not so\nappear, in which case the member shall be kept in civilian custody.\n(4) A member of the Regiment shall not be kept in civilian custody under\nsubsection (3) for a period longer than seventy-two hours.\n33.\nCommanding Officer to ensure the Commissioner of Police is aware of the\npossibility that a criminal offence has been committed\n33. (1) If the Commanding Officer becomes aware of an allegation or circumstances\nwithin subsection (2), the Commanding Officer shall as soon as is reasonably\npracticable ensure that the Commissioner of Police is advised of the matter.\n(2) An allegation is, or circumstances are, within this subsection if it or they would\nindicate to a reasonable person that a civil offence has or may have been\ncommitted by a member of the Regiment.\n34.\nDuty of Commanding Officer with respect to investigation of military\noffences\n34. (1) This section applies where \u2014\n(a)\nthe Commanding Officer becomes aware of an allegation or circumstances\nwithin subsection (2); and\n(b) the Commanding Officer is not required by section 33 to ensure that the\nCommissioner of Police is aware of the matter.\n(2) An allegation is, or circumstances are, within this subsection if it or they would\nindicate to a reasonable person that a military offence or an offence under\nsection 25 or 28(5) has or may have been committed by a member of the\nRegiment.\n(3) The Commanding Officer shall \u2014\n(a)\nensure that the matter is investigated in such way and to such extent as is\nappropriate; or\n(b) ensure, as soon as is reasonably practicable, that the Commissioner of\nPolice is aware of the matter as required by section 33.\n\nClause 35\nDefence Bill, 2020\n\nPage 30\n Introduced\nc\n\n(4) Subsection (3) does not apply if the matter has already been investigated in such\nway and to such extent as is appropriate.\n35.\nCircumstances in which Commanding Officer has power to charge etc.\n35. (1) Where the Commanding Officer becomes aware of an allegation which\nindicates, or circumstances which indicate, that the person has or may have\ncommitted a military offence or an offence under section 25 or 28(5), the\nCommanding Officer has initial powers in respect of the case.\n(2) Subsection (1) does not apply if the allegation or circumstances \u2014\n(a)\ngive or have given rise to the duty under section 33; or\n(b) are being or have been investigated by a police force.\n(3) If an allegation or circumstances mentioned in subsection (1) relate to \u2014\n(a)\ntwo or more incidents or alleged incidents, or\n(b) the conduct or alleged conduct of two or more persons,\neach person\u2019s conduct in relation to each incident is to be regarded as giving rise\nto a separate case.\n36.\nPower of Commanding Officer to charge etc.\n36. Where under section 35 the Commanding Officer has initial powers in respect of a\ncase \u2014\n(a)\nthe Commanding Officer may bring one or more charges; or\n(b) the Commanding Officer may refer the case to the Director of Public\nProsecutions; and\na charge brought under paragraph (a) shall be regarded for the purposes of this Part\nas allocated for the summary hearing of the Commanding Officer or by a subordinate\ncommander.\n37.\nPowers of Commanding Officer after charge\n37. (1) Where a charge against a person (\u201cthe accused\u201d) is for the time being to be dealt\nwith by a summary hearing by the Commanding Officer or by a subordinate\ncommander, the Commanding Officer or the subordinate commander may \u2014\n(a)\namend the charge;\n(b) substitute for the charge another charge against the accused;\n(c)\nbring an additional charge against the accused;\n(d) discontinue proceedings on the charge; or\n(e)\nrefer the charge to the Director of Public Prosecutions.\n(2) The powers under subsection (1) may be exercised before or after the start of\nany summary hearing of the charge.\n\nDefence Bill, 2020\nClause 38\n\nc\n Introduced\nPage 31\n\n(3) Any amended, substituted or additional charge under subsection (1)(a), (b) or\n(c) must be capable of being heard summarily by the Commanding Officer or\nby a subordinate commander.\n(4) Any additional charge brought under subsection (1)(c) shall be in respect of the\ncase with respect to which the charge mentioned in subsection (1) was brought.\n(5) Any amended, substituted or additional charge under subsection (1)(a), (b) or\n(c) shall be regarded for the purposes of this Part as allocated for a summary\nhearing by the Commanding Officer or by a subordinate commander.\n(6) Where a charge is referred under subsection (1)(e) to the Director of Public\nProsecutions, the charge and any other charge brought in respect of the same\ncase are to be regarded for the purposes of this Part as allocated for trial by a\nsummary court.\n38.\nRight to elect trial by a summary court\n38. (1) The Commanding Officer, before hearing a charge summarily, shall give an\naccused the opportunity of electing for the charge to be tried by a summary\ncourt.\n(2) If an accused elects a summary trial of the charge by the court \u2014\n(a)\nthe Commanding Officer shall refer the charge to the Director of Public\nProsecutions; and\n(b) the charge shall be regarded as allocated for trial by a summary court.\n(3) Where two or more charges against the accused are to be heard summarily\ntogether, an election for summary trial by the court in respect of any of the\ncharges takes effect as an election in respect of all of them.\n(4) The Director of Public Prosecutions may not without the written consent of the\naccused refer the charge to the Commanding Officer whether or not amended\nby the Director of Public Prosecutions.\n39.\nPowers of Director of Public Prosecutions in respect of charge allocated for\ntrial by summary\n39. Where a charge against an accused is to be dealt with by a summary court, the\nDirector of Public Prosecutions may \u2014\n(a)\namend the charge;\n(b) substitute for the charge another charge against the accused;\n(c)\nbring an additional charge against the accused;\n(d) discontinue proceedings on the charge; or\n(e)\nsubject to section 38(4), refer the charge to the Commanding Officer, but\nonly if the charge is capable of being heard summarily by the Commanding\nOfficer.\n\nClause 40\nDefence Bill, 2020\n\nPage 32\n Introduced\nc\n\n40.\nPenalty on summary conviction\n40. (1) Where a member of the Regiment elects a hearing before a summary court in\naccordance with this Part, the member of the Regiment shall be liable on\nconviction to a fine equal to twenty eight days\u2019 pay or to imprisonment for a\nterm of three months, or to both.\n(2) Where a member of the Regiment is convicted by a summary court, the\nCommanding Officer may recommend to the Governor that the member should\nbe dishonourably discharged from the Regiment.\n(3) The Governor, on receiving a recommendation from the Commanding Officer\nthat a member of the Regiment who is convicted by a summary court should be\ndishonourably discharged, may \u2014\n(a)\nso discharge the member; or\n(b) remit the case to the Commanding Officer requiring the Commanding\nofficer to reconsider the Commanding Officer\u2019s recommendation.\n41.\nHearing by Commanding Officer or subordinate commander\n41. (1) This section applies where the Commanding Officer or a subordinate\ncommander hears a charge.\n(2) If the Commanding Officer or the subordinate commander determines that the\ncharge has not been proved the Commanding Officer or subordinate commander\nshall dismiss the charge.\n(3) If the Commanding Officer or the subordinate commander determines that the\ncharge has been proved the Commanding Officer or the subordinate commander\nshall \u2014\n(a) record a finding that the charge has been proved; and\n(b) impose any one or more of the punishments in section 42.\n(4) Notwithstanding subsection (3) or section 32(3), after investigating the\ncharge \u2014\n(a) the Commanding Officer; or\n(b) the subordinate commander after consulting the Commanding Officer,\nmay remand any person so charged for prosecution before a court of summary\njurisdiction, and such court of summary jurisdiction shall thereafter deal with\nthe matter de novo.\n42.\nPunishments which may be imposed by Commanding Officer or subordinate\ncommander\n42. (1) The punishments which may be imposed by the Commanding Officer or the\nsubordinate commander are \u2014\n(a) a fine not exceeding twenty-eight days\u2019 pay;\n\nDefence Bill, 2020\nClause 43\n\nc\n Introduced\nPage 33\n\n(b) the carrying out of additional fatigue duties or other duties;\n(c) admonition;\n(d) reprimand;\n(e) severe reprimand; and\n(f) in the case of a non-commissioned officer only, reduction to the ranks or\nlower grade.\n(2) The Commanding Officer may, in addition to or in place of any other\npunishment imposed under this section on a member of the Regiment,\nrecommend to the Governor that the member be dishonourably discharged from\nthe Regiment.\n(3) The Governor, on receiving a recommendation from the Commanding Officer\nthat a member should be dishonourably discharged, may \u2014\n(a)\nso discharge the member; or\n(b) remit the case to the Commanding Officer requiring the Commanding\nOfficer to reconsider the recommendation and any other punishment that\nthe Commanding Officer has imposed.\n(4) When the Commanding Officer is required to reconsider a recommendation for\ndishonourable discharge under subsection (3), the Commanding Officer shall\nnot impose or alter any other punishment without giving the member in respect\nof whom the order for dishonourable discharge was made an opportunity to be\nheard.\n(5) A fine imposed on a member of the Regiment under this section shall be paid to\nthe adjutant of the Regiment within seven days, and shall be recoverable \u2014\n(a)\nfrom any sums due under this Law; or\n(b) before a court of summary jurisdiction in the manner provided by the\nSummary Jurisdiction Law (2019 Revision) for the recovery of a debt or\nliquidated demand.\n43.\nRestitution if offence involves property\n43. (1) When a member of the Regiment is found guilty of an offence under paragraph 8\nof Schedule 2, the court or officer finding the member guilty may make an order\nproviding for the restitution of the property in respect of which the member has\nbeen found guilty or providing for the payment by the member of a sum not\nexceeding the cost to replace the public property lost or damaged.\n(2) Any order under subsection (1) may be enforced as if it were an order made by\na court of summary jurisdiction in a civil cause or action.\n\nClause 44\nDefence Bill, 2020\n\nPage 34\n Introduced\nc\n\n44.\nAppeal to the Grand Court and Court of Appeal\n44. (1) Where a member of the Regiment has received a disciplinary punishment under\nthis Part, including one imposed by a summary court, with which the member\nof the Regiment is aggrieved, the member of the Regiment may, within fourteen\ndays of receiving notice of the disciplinary punishment, appeal to the Grand\nCourt.\n(2) Appeals from the Grand Court lie to the Court of Appeal in accordance with the\nCourt of Appeal Law (2011 Revision) and appeals to the Court of Appeal shall\nbe final.\n(3) The Rules Committee of the Court may make such Rules of Court as it considers\nnecessary to regulate procedure under this Part.\n45.\nFalse statements\n45. A person \u2014\n(a) who, in giving any information for the purposes of this Law, knowingly or\nrecklessly makes any statement which is false in a material particular; or\n(b) who, with intent to deceive \u2014\n(i)\nforges or uses, or lends or allows to be used by any other person, any\ncertificate under this Law; or\n(ii) makes, or has in the person\u2019s possession, any document so closely\nresembling any certificate under this Law as to be calculated to\ndeceive,\ncommits an offence and is liable \u2014\n(iii) on summary conviction to a fine equal to twenty-eight days\u2019 pay or\nto imprisonment for a term of six months, or to both; and\n(iv) on indictment to a fine equal to two months\u2019 pay or to imprisonment\nfor a term of two years, or to both.\n46.\nOffences outside the Islands\n46. Sections 32 to 45 and Schedule 2 shall apply in relation to the Regiment and the\nofficers and members of the Regiment when they are outside the Islands as when they\nare in the Islands.\n47.\nCivil offences\n47. (1) An officer or a member of the Regiment who, while either in or outside of the\nIslands \u2014\n(a) during any period of military training under this Law; or\n(b) while on service with the Regiment or any part thereof,\ncommits a civil offence, commits an offence.\n\nDefence Bill, 2020\nClause 48\n\nc\n Introduced\nPage 35\n\n(2) An offence created by this section shall be triable either summarily or on\nindictment according to whether the corresponding civil offence is triable\nsummarily or on indictment.\n(3) A person convicted of an offence created by this section shall be liable to such\npunishment as is specified by law for the corresponding civil offence.\n(4) In this section \u2014\n\u201ccivil offence\u201d means any act or omission punishable by the law of the Islands\nwhich, if committed in the Islands, would be punishable by that law; and\n\u201ccorresponding civil offence\u201d means the civil offence the commission of which\nconstitutes the offence created by this section.\n48.\nContravention of certain provisions not to be criminal offences\n48. (1) A person found guilty of contravening any provision of this Law at any time\nother than when the Regiment is embodied, shall not be deemed to have been\nconvicted of a criminal offence.\n(2) Subsection (1) does not apply to any conviction involving dishonesty, to a\nconviction under section 40 or to a conviction for a civil offence committed\neither in or outside the Islands.\n49.\nSaving for Armed Forces Act\n49. Nothing in sections 40, 41or 42 shall affect any liability to which a member of the\nRegiment may be subject under section 29 of the Armed Forces Act.\n50.\nTrial of offences\n50. (1) Except as expressly provided in this Law, offences against this Law shall be\nprosecuted before a court of summary jurisdiction.\n(2) Subject to this Law, summary courts and the Grand Court shall have jurisdiction\nto try a person for any offence against this Law which, by reason of section 46\nor 47, may be committed outside the Islands notwithstanding that the offence\nwould, but for this subsection, have been committed outside the jurisdiction of\nthe court.\n51.\nWho may bring and conduct criminal proceedings\n51. (1) Criminal proceedings in respect of an offence against this Law shall not, without\nthe written consent of the Director of Public Prosecutions, be instituted by any\nperson other than the Governor or by an officer or other person duly authorized\nby the Governor in that behalf.\n(2) A prosecution for an offence against this Law may be conducted before a court\nof summary jurisdiction by an officer duly authorized by the Governor in that\nbehalf.\n\nClause 52\nDefence Bill, 2020\n\nPage 36\n Introduced\nc\n\n(3) In this section \u201cofficer\u201d means \u2014\n(a) an officer of Her Majesty\u2019s armed forces; or\n(b) any officer of the Regiment.\nPART 10 - GENERAL\n52.\nService pension if killed or disabled\n52. Where a person who is a member of the Regiment \u2014\n(a)\nsuffers disablement or is killed as a result of undergoing military training\nunder this Law; or\n(b) suffers disablement or is killed as a result of service in the Regiment when\nembodied,\nthat person or the person\u2019s dependants, shall be eligible for the grant of such pension\nas the Governor may determine after consultation with the Minister responsible for\nfinance.\n53.\nAttendance; pay and allowances\n53. (1) Subject to this section, where a member of the Regiment is required to attend\ndrills, annual camp, or is embodied, then in respect of the member\u2019s attendance,\nthe member shall be paid such remuneration by way of basic pay and allowances\nas may be fixed by the Governor after consultation with the Minister responsible\nfor finance.\n(2) The Governor\u2019s Orders may regulate the payment of additional remuneration in\nexceptional cases.\n54.\nDuty of employer\n54. (1) An employer shall not prevent an employee from \u2014\n(a)\nenlisting in the Regiment;\n(b) undergoing military training, attending drills or annual camp; or\n(c)\nsubject to section 18, being in active service of the Regiment when the\nRegiment is embodied.\n(2) Where a member of the Regiment is in the regular employment of another\nperson and is required to undergo military training, attend drills, attend annual\ncamp or to be in active  service when the Regiment is embodied then the\nemployer of the member shall allow the member to undertake such activities\nand \u2014\n(a)\nthe employer shall ensure that any leave or holiday to which the member\nwould ordinarily be entitled or for which the member would ordinarily be\n\nDefence Bill, 2020\nClause 55\n\nc\n Introduced\nPage 37\n\neligible shall not be prejudiced or restricted by reason of the member\nundertaking such activities; and\n(b) the employer shall ensure that any promotion, privilege or advantage in\nconnection with the employment of the member to which the member\nwould ordinarily be entitled or for which the member would ordinarily be\neligible shall not be prejudiced by of undertaking such activities.\n(3) An employer who contravenes subsection (1) or (2) commits an offence and is\nliable on summary conviction to a fine of five thousand dollars; and where an\nemployer is convicted of an offence under this section, the court by which the\nemployer is convicted may make such order giving effect to any provision of\nsubsection (1) as the court thinks just.\n(4) Where an offence under this section is committed by a body corporate, and the\noffence is proved to have been committed with the consent or connivance of, or\nto be attributable to any neglect on the part of, any director, manager, secretary\nor other similar officer of the body corporate, or any person who was purporting\nto act in any such capacity, that person, as well as the body corporate, commits\nthat offence and is liable to be proceeded against and punished accordingly.\n(5) This section and section 51 apply in respect of a member of the Regiment, at\nany time during the period of the member\u2019s enlistment when the Regiment is\nembodied or the member is otherwise called out for service in the Regiment.\n55.\nEquipment to be returned on discharge\n55. (1) Where a member of the Regiment is discharged, relinquishes the member\u2019s\ncommission or is dismissed, it shall be that person\u2019s duty to deliver up in good\norder, fair wear and tear only excepted, all arms, including firearms, clothing\nand equipment, being public property, issued to the person or in the charge of\nthe person, or, in any case where the delivery of the property is impossible, it\nshall be the person\u2019s duty to pay into the revenue of the Government the value\nthereof.\n(2) A person who fails to comply with subsection (1) commits an offence and is\nliable on summary conviction to a fine equal to seven days\u2019 pay or to\nimprisonment for a term of one month, or to both.\n(3) Where a person is convicted of an offence under this section, the court by which\nthe person is convicted may make an order providing for the payment of\ncompensation by the person convicted or such other order as the court\ndetermines appropriate, and any such order may be enforced as if it were an\norder made by the court in a civil cause or action.\n\nClause 56\nDefence Bill, 2020\n\nPage 38\n Introduced\nc\n\n56.\nNotices\n56. (1) All notices, orders and instructions required in connection with the\nadministration of this Law shall, except where otherwise expressly provided, be\nin writing.\n(2) Forms may be prescribed in respect of any notice, order, certificate or other\ndocument to be used for giving effect to any of the provisions of this Law.\n(3) Notices of persons appointed to and discharged from the Regiment shall be\npublished in the Gazette.\n57.\nService of notices\n57. Any notice or other document which is required or authorized by or under this Law\nor by or under any order or instruction made or issued thereunder to be given or served\non any person may, in any case for which no other provision is made by this Law, be\ngiven or served \u2014\n(a)\nby delivering it to that person\u2019s last known address or by email or other\nelectronic mailing method;\n(b) in the case of the Governor, the Deputy Governor, the Board, the Minister\nthe office of the Defence Medical Officer, by leaving it at the office of the\nDeputy Governor or sending it by prepaid letter addressed to the\nappropriate authority at the office of the Deputy Governor;\n(c)\nin the case of any other person, by leaving it or by sending it in a prepaid\nletter addressed to the person, at the person\u2019s usual or last known place of\nresidence; or\n(d) in the case of a corporate body or other body of persons, other than those\nmentioned in paragraph (b), by delivering it to the secretary or clerk\nthereof at their registered or principal office, or by sending it in a prepaid\nletter addressed to the secretary or clerk at that office.\n58.\nImmunity\n58. No person shall be liable in damages for anything done or omitted in the discharge or\npurported discharge of the person\u2019s respective functions or duties under this Law, or\nOrders or regulations made under this Law unless it is shown that the act or omission\nwas in bad faith.\n59.\nVesting of property\n59. Upon the commencement of this Law, all property of, or assigned to, the Regiment\nprior to the date of the commencement of this Law shall be deemed to have been\ntransferred, conveyed or assured to the Regiment and to be vested in the Regiment.\n\nDefence Bill, 2020\nClause 60\n\nc\n Introduced\nPage 39\n\n60.\nGeneral offences and powers of arrest\n60. (1) A person who wilfully obstructs or otherwise interferes with a member of the\nRegiment acting in the execution of the member\u2019s duty commits an offence.\n(2) A member of the Regiment, while carrying out duties, may arrest without\nwarrant \u2014\n(a)\nany person whom the member of the Regiment believes on reasonable\ngrounds to have committed an offence under subsection (1); and\n(b) any person whom the member of the Regiment believes on reasonable\ngrounds is about to or has committed an offence,\n(3) A person arrested for committing an offence in accordance with subsection (2)\nshall be taken be taken by a member of the Regiment as soon as possible to a\npolice officer.\n(4) A person who commits an offence under subsection (1) is liable on summary\nconviction to a fine of two thousand dollars or to imprisonment for a term of six\nmonths, or to both.\n61.\nApplication of Law to civilians\n61. (1) Subject to the modifications specified in subsection (2), where the Regiment, or\nany part thereof is embodied, deployed or on active duty, Part 9 applies to any\nperson who is employed in the service of, or accompanies the Regiment or any\nmember or part of the Regiment and who is not otherwise subject to service law.\n(2) The modifications referred to in subsection (1) are the following \u2014\n(a)\nthe punishment which may be awarded under Part 9 includes a fine and\nimprisonment only; and\n(b) the provisions of this Law relating to the investigation of, and summary\ndealing with, offences, except as otherwise expressly provided, apply as\nthey apply to soldiers.\n(3) Any fine awarded by virtue of this section by the Commanding Officer is\nrecoverable as a debt due to the government.\n62.\nOther Laws not applicable to terms and conditions of service\n62. The terms and conditions of service of members of the Regiment are governed only\nby this Law, regulations made under the Law and the Governor\u2019s Orders.\n63.\nTransitional provisions\n63. (1) A person who is appointed or purported to be appointed to any position in the\nRegiment by the Governor prior to the date of the commencement of this Law\nshall be deemed on that date to have been lawfully appointed by the Governor.\n(2) All other acts done or purported to be done by the Governor and the Regiment\nin furtherance of the establishment and operation of the Regiment prior to the\n\nClause 63\nDefence Bill, 2020\n\nPage 40\n Introduced\nc\n\ndate of the commencement of this Law shall be deemed on that date to have\nbeen lawfully done by the Governor and the Regiment.\n\nDefence Bill, 2020\nSCHEDULE 1\n\nc\n Introduced\nPage 41\n\n SCHEDULE 1\n(Section 15)\nOFFICER RANKS IN THE REGIMENT\nColonel\nLieutenant Colonel\nMajor\nCaptain\nI Lieutenant\nII Lieutenant\n\nSCHEDULE 2\nDefence Bill, 2020\n\nPage 42\n Introduced\nc\n\nSCHEDULE 2\n(Sections 2 and 32)\nMILITARY OFFENCES\n1.\nNeglect of duty, that is to say, if a member of the Regiment, while on duty \u2014\n(a)\nfails to attend for any duty;\n(b) leaves any duty before the member of the Regiment is permitted to do so;\n(c)\nfails to perform any duty; or\n(d) performs any duty negligently.\n2.\nViolence against any person on guard, that is to say, if a member of the\nRegiment \u2014\n(a)\nuses force against another member of the Regiment or a member of any\nforce co-operating with them, who is \u2014\n(i)\non guard duty and posted or ordered to patrol;\n(ii) on watch; or\n(iii) under orders to regulate traffic by land, water or air; or\n(b) by the threat of force, compels such a person to let him or her or any other\nperson pass.\n3.\n(1) Insubordinate behaviour, that is to say \u2014\n(a)\nif a member of the Regiment uses violence against a superior officer; and\nthe member of the Regiment knows or has reasonable cause to believe that\nthe other member of the Regiment is a superior officer; or\n(b) the behaviour of a member of the Regiment towards a superior officer is\nthreatening or disrespectful; and that member of the Regiment believes or\nhas reasonable cause to believe that the other member of the Regiment is\na superior officer.\n(2) For the purposes of this paragraph, the behaviour of a member of the Regiment\ntowards a superior officer includes any communication made by the member of\nthe Regiment to the superior officer, whether or not in the presence of the\nsuperior officer.\n(3) In this paragraph, \u201csuperior officer\u201d, in relation to a member of the Regiment,\nmeans an officer, warrant officer or non-commissioned officer of the Regiment,\nor of Her Majesty\u2019s armed forces, of superior rank.\n4\nDisobedience, that is to say, if a member of the Regiment \u2014\n(a)\ndisobeys a lawful command; and\n\nDefence Bill, 2020\nSCHEDULE 2\n\nc\n Introduced\nPage 43\n\n(b) intends to disobey, or is reckless as to whether he or she disobeys, the\ncommand.\n5.\n(1) Disobedience to standing orders, that is to say, if a member of the Regiment\ncontravenes a lawful order to which this paragraph applies, being a provision\nknown to the member or which the member might reasonably be expected to\nknow.\n(2) The orders to which this paragraph applies are standing orders or other orders\nof a continuing nature made by the Commanding Officer or by the officer\ncommanding any sub-unit of the Regiment.\n6.\n(1) Absence without leave, that is to say, if a member of the Regiment, while\nattending annual camp or while the Regiment, or any part thereof of which the\nmember is a member, is embodied \u2014\n(a)\nabsents himself or herself intentionally or negligently without leave; or\n(b) does an act, being reckless as to whether it will cause him or her to be\nabsent without leave; and it causes him or her to be absent without leave.\n(2) In subparagraph (1)(b), \u201cact\u201d includes an omission and the reference to the\ndoing of an act is to be read accordingly.\n7.\n(1) Unfitness or misconduct through alcohol or drugs, that is to say, if a member\nof the Regiment, due to the influence of alcohol or any drug \u2014\n(a)\nis unfit to be entrusted with his or her duty or any duty which he or she\nmight reasonably expect to be called upon to perform; or\n(b) is disorderly or likely to bring discredit to Regiment.\n(2) For the purposes of subparagraph (1) a member of the Regiment shall be taken\nto be unfit to be entrusted with his or her duty, or a duty which he or she might\nreasonably expect to be called upon to perform, if his or her ability to carry out\nthe duty in question is impaired.]\n(3) Subparagraph (1) does not apply to the influence of a drug on a member of the\nRegiment if \u2014\n(a)\nthe drug was taken or administered on medical advice and the member of\nthe Regiment complied with any directions given as part of that advice;\n(b) the drug was taken or administered for a medicinal purpose, and the\nmember of the Regiment had no reason to believe that the drug might\nimpair his or her ability to carry out the duties mentioned in paragraph\n(1)(a) or result in his or her behaving in a way mentioned in paragraph\n(1)(b);\n(c)\nthe drug was taken on the orders of a superior officer of the member of the\nRegiment; or\n(d) the drug was administered to the member of the Regiment on the orders of\na superior officer of the person administering it.\n\nSCHEDULE 2\nDefence Bill, 2020\n\nPage 44\n Introduced\nc\n\n(4) In this paragraph \u2014\n(a)\n\u201cdrug\u201d includes any intoxicant other than alcohol; and\n(b) \u201cbehaviour\u201d of a member of the Regiment includes anything said by him\nor her.\n(5) In proceedings for an offence under this paragraph, any sub sub-paragraph of\nsubparagraph (3) shall be treated as not having applied in relation to the\ndefendant unless sufficient evidence is adduced to raise an issue as to whether\nit did.\n8.\n(1) Loss of or damage to public or service property, that is to say, if a member\nof the Regiment \u2014\n(a)\ndoes an act that causes damage to or the loss of any public or service\nproperty or any property belonging to another person subject to service\nlaw; and\n(b) either \u2014\n(i)\nintends to cause damage to or the loss of the property, and there is no\nlawful excuse for his or her act; or\n(ii) is reckless as to whether he or she causes damage to or the loss of the\nproperty;\n(c)\nnegligently does an act that causes damage to or the loss of any public or\nservice property; or\n(d) does an act that is likely to cause damage to or the loss of any public or\nservice property and \u2014\n(i)\nthe member of the Regiment is reckless as to whether he or she causes\ndamage to or the loss of the property; or\n(ii) the member of the Regiment is negligent.\n(2) For the purposes of this paragraph \u2014\n(a)\n\u201cact\u201d includes an omission and references to the doing of an act are to be\nread accordingly;\n(b) references to causing include allowing;\n(c)\n\u201closs\u201d includes temporary loss; and\n(d) \u201cproperty\u201d means property of a tangible nature, and references to public\nor service property are to be read accordingly.\n9.\nIll-treatment of subordinates, that is to say, if a member of the Regiment who is an\nofficer, warrant officer or non-commissioned officer \u2014\n(a)\nill-treats another member of inferior rank or less seniority (\u201ca\nsubordinate\u201d);\n(b) intends to ill-treat a subordinate or is reckless as to whether he or she is illtreating a subordinate; and\n\nDefence Bill, 2020\nSCHEDULE 2\n\nc\n Introduced\nPage 45\n\n(c)\nknows or has reasonable cause to believe that the person is a subordinate.\n10. (1) Conduct to the prejudice of good order and military discipline, that is to say,\nif a member of the Regiment does an act that is prejudicial to good order and\nservice discipline or that would tend to bring the Regiment into disrepute.\n(2) In this paragraph, \u201cact\u201d includes an omission and the reference to the doing of\nan act is to be read accordingly.\n\nPassed by the Legislative Assembly the\nday of\n\n, 2020.\n\nSpeaker\n\nClerk of the Legislative Assembly","akn_extracted_at":"2026-07-18 12:35:40.86911+00","cms_id":"2020-0048","law_type":"bill","year":"2020","number":"48","title":"Defence Bill, 2020","status":"bill"},"provenance":{"files":[{"file_id":"7047","expr_id":"2248","kind":"akn_xml","filename":"2020-0048.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0048\/2020-0048.akn.xml","content_md5":"71cd8810304cca2d573dcd828f5da29c","byte_size":"91057","http_last_modified":null,"fetched_at":"2026-07-18 12:35:41.109919+00"},{"file_id":"4495","expr_id":"2248","kind":"pristine_pdf","filename":"2020-0048.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0048\/2020-0048.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2020\/2020-0048\/2020-0048.pdf","content_md5":"96c61ee31960b15598a333d2647426fb","byte_size":"1285576","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.31718+00"},{"file_id":"4496","expr_id":"2248","kind":"working_pdf","filename":"2020-0048.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0048\/2020-0048.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0048\/2020-0048.pdf","content_md5":"96c61ee31960b15598a333d2647426fb","byte_size":"1285576","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.31718+00"}],"paragraph_count":55,"latest_history":{"history_id":"270225","change_type":"UPDATE","changed_at":"2026-07-18 00:00:00+00","change_source":"MIGRATION_027","change_reason":"CMS-id-collision audit 2026-07-18: title corrected from the document's own PDF and\/or the (law_type, cms_id)-keyed official legislation.gov.ky listing."}},"quality":{"expr_id":"2248","doc_id":"2248","quality_state":"known_issue","quality_score":"55","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; defence bill 2020 x45; introduced x43","assessed_at":"2026-06-22 15:29:46.548747+00","updated_at":"2026-06-22 15:29:46.548747+00"}}