Portfolio Of Legal Affairs
Laws of the Cayman Islands
The Cayman Islands' legal system is based on English common law, locally enacted
statutes and Orders-in-Council. Local principal statutes (laws) are passed by the
Legislative Assembly and assented to by the Governor. Although the Legislative Assembly
must approve some subordinate legislation (regulations, orders, rules) such legislation
is usually made by the Governor acting on the advice of the Cabinet. As the Cayman
Islands are an overseas territory of the United Kingdom, the United Kingdom retains
the right to extend certain legislative provisions to the Islands and this is done
by Orders-in-Council (laws adopted) made under the royal prerogative. The addition
of local statutes has, in many respects changed and modernized the common law. The
Islands have a sound legal and judicial system, which is constantly being upgraded
to meet the needs of the modern Cayman Islands.
This site contains details of all the
Consultation drafts, Laws drafted,
Laws adopted, and Laws in force
of the Cayman Islands.
Consultation drafts are issues papers, research papers, discussion papers and Bills
produced by the Legislative Drafting Department and the Law Reform Commission. The
role of the Legislative Drafting Department is to draft primary and subordinate
legislation and to amend such legislation. The task of the Law Reform Commission
is to study and keep under constant review the statutes and other laws comprising
the law of the Cayman Islands with a view to its systemic development and reform.
Consultation drafts are published and circulated to obtain the widest range of views
on a subject from interested parties. Links to current and past consultation drafts
can be found here.
Laws drafted lists laws by year, which have been drafted by the Law Reform Commission
and the Legal Drafting Department, which have yet to be approved by the Legislative
Assembly.
Laws adopted are United Kingdom Statutory Instruments made under United Kingdom Acts
of Parliament, applying to or relevant to the Islands, which have been published
in the Official Gazette or which are referred to in other United Kingdom Statutory
Instruments published in the Official Gazette. Also listed are Orders made in the
Islands under the authority of United Kingdom Statutory Instruments.
Laws in force consist of the up-to-date Consolidated Index of Laws and Subsidiary
Legislation of the Cayman Islands. This index is compiled annually by the Law Revision
Commissioner.
Hyperlinks to Laws in Force
The Consolidated Index of Laws and Subsidiary Legislation that is published on this
website is hyperlinked to the individual laws, subsidiary legislation, and UK Statutory
Instruments referenced in the Index. Use of the Index to access the laws directly
is a lot easier and quicker than having to peruse the relevant Gazette supplements with which
the laws were published, under “Gazette” on the government website (www.gov.ky).
What is more, the gazette supplements can only be used to peruse laws ordinarily
gazetted since the 4th October, 2004, and as supplements to an Extraordinary Gazette
since the 24th September, 2004, whereas the Index is hyperlinked to laws, subsidiary
legislation, and UK Statutory instruments gazetted since and prior to those dates.
Hyperlink to PDF Version of Gazetted Consolidated Index of Laws And Subsidiary Legislation As At 1st May, 2009
The Consolidated Index of Laws And Subsidiary Legislation as at 1st May, 2009, was published as Supplement No. 2 with Gazette No. 14 of the 7th July, 2009. The PDF version of the gazetted Index may be found at the following link:
http://www.caymanjudicial-legalinfo.com.ky/Laws/Laws-In-Force/ConsolidatedIndex2009.pdf