Portfolio Of Legal Affairs

Law Revision

Michael Bradley
Michael Bradley
Law Review Commissioner
Patricia Sutherland
Patricia Sutherland
Legal Executive Secretary

Introduction

In autumn 1993, a review by the Foreign and Commonwealth Office of the United Kingdom identified the need for law reform and law revision in the Caribbean Overseas Territories - including the Cayman Islands. As a result, in 1994 His Excellency the Governor established, within the Attorney- General's Chambers, a Law Revision Department and appointed Michael J. Bradley, a former Attorney-General, as Law Revision Commissioner.

The first task of the Law Revision Commissioner was to revise and consolidate all laws and subsidiary legislation which had been amended since their original enactment and, when carrying out such revision, to place them in digital form in a computer data base. Additionally, a policy decision was made that all other laws and subsidiary legislation that had not been amended also be converted to a computer-based format.

Authority for such a revision process is contained in the Law Revision Law (1999 Revision), which allows the Governor to authorize the re-publication of any existing law in amended or revised form and that such law in its revised form shall for all purposes be the only proper version of such law in the Islands. The Law Revision Law also contains extensive powers to omit spent laws, to consolidate and/or separate laws, to alter the order and arrangement of sections, to shorten and simplify phraseology, to make verbal additions, omissions or alterations not affecting the meaning of the law and to do all things necessary for the perfecting of any revision.

Until 1994, very little use was made of this revising power and, apart from the first three years, after enactment only twelve revisions took place.

From its creation, the Law Revision Department consisted only of the Commissioner and one administrative secretary, and the original law revision process which entailed a laborious process of scanning, proofing, creating templates, editing and consolidating submission to the Governor in Council for approval and publication in the Gazette continued on a full-time basis from 1995 to 2001. Once completed, some 430 laws and sets of subsidiary legislation had been revised.

Function of the Law Revision Commission

Since 2002, the Law Revision Commissioner has continued, on a part-time basis, to revise and consolidate all legislation and amendments subsequently made and to incorporate and re-revise any revised laws. The mission statement provides that, where possible, revision should take place of any amended legislation within three months of such amendment. Once a revision has been prepared it is submitted to the Attorney- General for presentation by way of a Cabinet Paper to the Governor in Cabinet for authority under Section 3 of the Law Revision Law for re-publication in revised form. Once Cabinet has advised the Governor that re-publication take place, the Commissioner facilitates the publication of the law in the Government Gazette.

In addition to the Law Revision process, the Law Revision Commissioner is tasked with preparing annually a Consolidated Index of the Laws of the Cayman Islands.

Law Revision Statistics - 2004

In 2004, some 30 revisions were gazetted as listed.

Revisions - 2005

Gazette No. 15 of 25th July, 2005 - Supplements 1 to 7

Item No. Law Revision Cost
1. Airports Authority Law 2005 Revision $5.60
2. Civil Aviation Authority Law 2005 Revision $4.80
3. Coat of Arms, Flag and National Song Law 2005 Revision $6.40
4. Criminal Procedure Code 2005 Revision $20.80
5. Development and Planning Law 2005 Revision $9.60
6. Development and Planning Regulations 2005 Revision $8.00
7. Penal Code 2005 Revision $21.60

Gazette No. 16 of 8th August, 2005 - Supplements 1 to 12

Item No. Law Revision Cost
1. Electricity Law 2005 Revision $7.20
2. Electricity Regulations 2005 Revision $6.40
3. Electricity Regulatory Authority Law 2005 Revision $12.80
4. Governor (Vesting of Lands) Law 2005 Revision $1.60
5. Health Insurance Law 2005 Revision $4.00
6. Health Insurance Regulations 2005 Revision $6.40
7. Health Practice Law 2005 Revision $8.80
8. Health Practice Registration Regulations 2005 Revision $5.60
9. Health Services Authority Law 2005 Revision $6.40
10. Legal Practitioners (Students) Regulations 2005 Revision $4.80
11. Matrimonial Causes Law 2005 Revision $4.00
12. Police Law 2005 Revision $7.20

Gazette No. 17 of 22nd August, 2005 - Supplements 1 to

Item No. Law Revision Cost
1. Merchant Shipping Law 2005 2005 Revision $53.60
2. Proceeds of Criminal Conduct Law 2005 Revision $12.80
3. Money Laundering Regulations 2005 Revision $4.80

Gazette No. 18 of 5th September, 2005 - Supplements 1 to 8

Item No. Law Revision Cost
1. Public Holidays Law 2005 Revision $1.60
2. Public Management and Finance Law 2005 Revision $14.40
3. Financial Regulations 2005 Revision $25.60
4. Roads Law 2005 Revision $6.40
5. Stamp Duty Law 2005 Revision $4.80
6. Strata Title Registration Law 2005 Revision $5.60
7. University College Law 2005 Revision $3.20
8. Youth Justice Law 2005 Revision $7.20

Consolidated Index of Laws - 2006

Please find below the link to the Consolidated Index of Laws and Subsidiary Legislation as at 1st January, 2006.

Consolidated Index of Laws and Subsidiary Legislation as at 1st January, 2006, compiled by the Law Revision Commissioner