Standards in Public Life Law, 2014 (Law 3 of 2014)

CAYMAN ISLANDS Standards in Public Life Law, 2014 (Law 3 of 2014) STANDARDS IN PUBLIC LIFE REGULATIONS, 2020 (SL 8 of 2020) Supplement No. 1 published with Legislation Gazette No. 15 dated 2nd March, 2020. Page 2 SL 8 of 2020 c Standards in Public Life Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Standards in Public Life Law, 2014 (Law 3 of 2014) STANDARDS IN PUBLIC LIFE REGULATIONS, 2020 (SL 8 of 2020) Arrangement of Regulations Regulation Page 1. Citation ......................................................................................................................................5 Preliminary 5 2. Declaration Form .......................................................................................................................5 3. Limitations on content of declarations ........................................................................................6 4. Inspection of Register ................................................................................................................6 5. Report of breach ........................................................................................................................6 6. Commission may make rules .....................................................................................................6 Investigations 6 7. Appointment of investigator .......................................................................................................6 8. Conduct of investigation.............................................................................................................6 9. Production of statements and information ..................................................................................7 10. Further and better particulars .....................................................................................................7 11. Consideration of representations ...............................................................................................7 12. Examination ...............................................................................................................................8 13. Person in public life may request to be heard.............................................................................8 14. Oaths and evidence ...................................................................................................................9 15. Commission shall notify respondent ...........................................................................................9 Duty of confidentiality 9 16. Duty of confidentiality .................................................................................................................9 17. Breach of duty of confidentiality .................................................................................................9 c SL 8 of 2020 Page 3 Arrangement of Regulations Standards in Public Life Regulations, 2020 18. Report ..................................................................................................................................... 10 General 10 19. Record in the Register ............................................................................................................. 10 20. Information received by the Commission ................................................................................. 10 SCHEDULE 1 11 (regulation 2) 11 Declaration Form for Persons Appointed Under Paragraphs 1, 2, 3, 4, 5, 9 or 10 of Schedule 1 to the Law 11 SCHEDULE 2 15 (regulation 2) 15 Declaration Form for Persons Appointed Under Paragraphs 6, 7 and 8 of Schedule 1 to the Law 15 Page 4 SL 8 of 2020 c Standards in Public Life Regulations, 2020 Regulation 1 CAYMAN ISLANDS Standards in Public Life Law, 2014 (Law 3 of 2014) STANDARDS IN PUBLIC LIFE REGULATIONS, 2020 (SL 8 of 2020) In exercise of the powers conferred by section 35 of the Standards in Public Life Law, 2014 the Cabinet makes the following Regulations — 1. Citation 1. These Regulations may be cited as the Standards in Public Life Regulations, 2020. Preliminary 2. Declaration Form 2. The declaration required under section 11 of the Law shall be completed as follows — (a) a person in public life specified in paragraphs 1, 2, 3, 4, 5, 9 or 10 of Schedule 1 to the Law shall complete the form provided in Schedule 1; and (b) a person in public life specified in paragraphs 6, 7 or 8 of Schedule 1 to the Law shall complete the form provided in Schedule 2. c SL 8 of 2020 Page 5 Regulation 3 Standards in Public Life Regulations, 2020 3. Limitations on content of declarations 3. Where the spouse or a dependant of a declarant under section 11of the Law has not been residing in the same household of the declarant for a continuous period of three months immediately preceding the filing of the declaration, the declarant may limit the details to be included under section 12 of the Law to such assets held by the spouse or the dependant in trust for or as the agent of the declarant. 4. Inspection of Register 4. (1) An inspection of the register, pursuant to a request from a member of the public, shall take place at the Offices of the Commissions Secretariat. (2) A person who is inspecting the register shall not take photographs, make photocopies, scan, video record or otherwise mechanically or electronically reproduce any part of the register. 5. Report of breach 5. (1) A person who wishes to make a report alleging that a person in public life is in breach of the Law shall make the report within one year from the date on which the person became aware of the breach. (2) In determining whether to conduct an investigation of an allegation of breach of the Law, the matters which the Commission may consider include — (a) the extent to which the allegation appears to the Commission to raise a matter of substance; (b) any undue delay in making the allegation; and (c) whether an allegation is frivolous or vexatious. 6. Commission may make rules 6. The Commission, in carrying out its functions, may make such rules for the conduct of its meetings or hearings, including setting the hours, times and places for sittings as they may, from time to time, think fit and as are in accordance with the Law. Investigations 7. Appointment of investigator 7. The Commission may, from time to time, appoint an investigator who is suitably qualified to carry out investigatory work and shall be paid such remuneration commensurate with the nature of the investigatory work assigned. 8. Conduct of investigation 8. (1) The Commission shall serve a notice on a person in public life where the Commission reasonably suspects that the person in public life has committed a breach of the Law and the Commission intends to commence an investigation under Part 5 of the Law. Page 6 SL 8 of 2020 c Standards in Public Life Regulations, 2020 Regulation 9 (2) At the time of serving the notice under paragraph (1), the Commission shall set out the matter being investigated and its requests for information, verification and supporting documents from the person in public life. (3) The Commission may require the person in public life or a connected person to make representations in response to the questions from the Commission within twenty-one days after receipt the notice and the representations may be in writing or orally. (4) The Commission may, where it is reasonable to do so, extend the period of time in paragraph (3) by such period of time that it considers appropriate. 9. Production of statements and information 9. (1) Any person who is required to produce books, records, statements or other information pursuant to an investigation shall satisfy the request made by the Commission within twenty-eight days after the person receives the request. (2) Where a person objects to the request made under paragraph (1) on the grounds of legal professional privilege or any other ground, the person shall submit an objection to the request, with reasons, no later than twenty-one days of the receipt of the request. (3) Notwithstanding the time to satisfy a request or to object to a request, the Commission may, where it is reasonable to do so, extend the period of time in paragraphs (1) and (2) by such period of time that it considers appropriate. 10. Further and better particulars 10. (1) The Commission shall review representations and any supporting documentation with a view to determining whether to request any further and better particulars from the person in public life. (2) In the event that the Commission requires further and better particulars, it shall make the request within seven days after receipt of the representation or supporting documentation and the person in public life shall within twenty- eight days after receipt of the request for further and better particulars provide such particulars. (3) Notwithstanding the time to satisfy a request or to object to a request, the Commission may, where it is reasonable to do so, extend the period of time in paragraphs (1) and (2) by such period of time that it considers appropriate. 11. Consideration of representations 11. (1) The Commission shall within fourteen days after — (a) the receipt of information referred to in regulation 9 where further and better particulars are not required; or (b) the receipt of the further and better particulars under regulation 10, c SL 8 of 2020 Page 7 Regulation 12 Standards in Public Life Regulations, 2020 make a determination as to whether the matter may be closed without further action or whether it should proceed to an oral examination. (2) The Commission shall notify the person in public life of its determination under paragraph (1) and, where applicable, the date for an oral examination shall not be less than thirty days after the date on which the notification is received by the person in public life. (3) Where the Commission determines that the matter should proceed to an oral examination, the person may elect to have the matter dealt with on the papers and the person in public life shall communicate that decision within three days after being notified by the Commission. (4) The Commission may, where it is reasonable to do so, extend the period of time in paragraphs (1), (2) and (3) by such period of time as it considers appropriate. 12. Examination 12. (1) Where a person in public life wishes to call a witness for an examination, the name of the witness shall be provided to the Commission seven days before the scheduled hearing date. (2) There shall be a minimum of two members of the Commission, one of whom shall be the Chairman, present at an examination. (3) Decisions of the Commission which cannot be made by consensus shall be made by majority votes and the Chairman shall have a casting vote. 13. Person in public life may request to be heard 13. (1) Notwithstanding regulations 8, 9 and 10, the Commission where it is conducting an investigation shall give a person in public life opportunity to make representations in person or by an attorney-at-law. (2) If a person in public life wishes to be heard by the Commission the person may request a hearing. (3) The hearing shall be scheduled no earlier than seven days or no later than thirty days after the Commission receives the request for the hearing. (4) A person in paragraph (1) shall submit a written statement summarizing the person’s representations to the Commission five days before the date of the hearing. (5) There shall be a minimum of two members of the Commission, one of whom shall be the Chairman, present at a hearing. (6) The Commission may, where it is reasonable to do so, extend the period of time in paragraph (3) by such period of time that it considers appropriate. Page 8 SL 8 of 2020 c Standards in Public Life Regulations, 2020 Regulation 14 14. Oaths and evidence 14. (1) The Commission shall have the same powers to summon witnesses, administer oaths and affirmations and take evidence as a magistrate has in a court of summary jurisdiction. (2) A witness shall be examined by the Commission and may be examined by the person in public life or the person’s attorney-at-law. 15. Commission shall notify respondent 15. (1) The Commission shall where it determines on the basis of an enquiry, that neither — (a) a breach of Part 5 of the Law; nor (b) an offence, has been committed, notify the respective person in public life, in writing, of its determination within twenty-eight days of the hearing. (2) Where the Commission determines on the basis of an enquiry that an offence has been committed, it shall immediately notify, in writing, the person in public life of its determination and of its referral of the matter to the Royal Cayman Islands Police Service and the Director of Public Prosecutions. (3) The Commission may extend the period of time under paragraph (1) where an extension is reasonably required. Duty of confidentiality 16. Duty of confidentiality 16. (1) Facts and particulars relating to any matter falling for consideration by the Commission or any decision of the Commission that has not been published shall be treated as confidential by a person appointed to assist the Commission in carrying out its functions. (2) A person under paragraph (1) shall not disclose facts or particulars otherwise than in the proper performance of the person’s duties under this Law or in compliance with the order of a court of competent jurisdiction or a Commission issued under the Commissions of Enquiry Law (1997 Revision). (3) A person who fails to comply with paragraphs (1) or (2) commits an offence and shall be liable on summary conviction to a fine of one thousand dollars. 17. Breach of duty of confidentiality 17. (1) A person who alleges that the duty of confidentiality under regulation 16 has been breached shall file a report detailing the breach within one year of the date on which the alleged breach occurred or the date on which the person became aware of the breach. c SL 8 of 2020 Page 9 Regulation 18 Standards in Public Life Regulations, 2020 (2) The Commission may, where it is reasonable to do so, extend the period of time under subsection (1) as it considers appropriate. 18. Report 18. Where the Commission is satisfied that, in accordance with section 22 of the Law, a breach or an offence has been committed, the accompanying report for the Royal Cayman Islands Police Service and the Director of Public Prosecutions shall include the following — (a) a summary of the matter that gave rise to the investigation; (b) a record of the investigation; (c) the Commission’s findings; (d) the Commission’s recommendations; and (e) any other information that the Commission considers appropriate. General 19. Record in the Register 19. Where steps are taken under section 11(5) of the Law to recover an unpaid penalty, the Commission shall record the recovery in the Register. 20. Information received by the Commission 20. Information received by the Commission, except information that appears in the Register of Interests, shall be exempt records for the purposes of the Freedom of Information Law (2020 Revision). Page 10 SL 8 of 2020 c Standards in Public Life Regulations, 2020 SCHEDULE 1 SCHEDULE 1 (regulation 2) Declaration Form for Persons Appointed Under Paragraphs 1, 2, 3, 4, 5, 9 or 10 of Schedule 1 to the Law COMMISSION FOR STANDARDS IN PUBLIC LIFE (Standards in Public Life Law, 2014) DECLARATION OF INTERESTS, INCOME, ASSETS AND LIABILITIES FOR THE YEAR ENDED……………………………., 20_ _ (Pursuant to section 12 of the Standards in Public Life Law, 2014) (Please read the instructions carefully before completing this form) PART 1 PERSONAL DETAILS NAME OF DECLARANT: _____________________________________________ Last Name, Middle Name, First Name ADDRESS: __________________________________________________________ Post Office Box Number, Post Code, Street Address CONTACT NUMBERS: ________________________________________________ Home, Work, Mobile EMAIL ADDRESS: ___________________________________________________ MARITAL STATUS: __________________________________________________ Single, Married, Separated, Divorced, Widowed PUBLIC OFFICE: _______________________________________________ Title and the relevant Department/Ministry/Portfolio/Statutory Authority/Government Company/Constituency DATE OF APPOINTMENT TO CURRENT POSITION: ______________________ DATE WHEN CURRENT TERM OR CONTRACT ENDS: ____________________ c SL 8 of 2020 Page 11 SCHEDULE 1 Standards in Public Life Regulations, 2020 LENGTH OF APPOINTMENT:___________________________________________ PART 2 DETAILS OF CONNECTED PERSONS (“Connected person” is defined in section 2 of the Standards in Public Life Law, 2014) CONNECTED PERSON NUMBER 1:______________________________________ Last Name, Middle Name, First Name DETAILS OF CONNECTION: CONNECTED PERSON NUMBER 2: ______________________________________ Last Name, Middle Name, First Name DETAILS OF CONNECTION (Continue as necessary for each connected person) PART 3 STATEMENT OF INTERESTS, INCOME, ASSETS AND LIABILITIES The following information is provided pursuant to section 12(1) of the Standards in Public Life Law, 2014 (a) I hold shareholdings and directorships in the following companies and other corporate bodies: _______________________________________ Name and address of company or corporate body (b) I have contracts with the following public entities: _________________ __________________________________________________________ __________________________________________________________ Provide date of contract, brief particulars of rights and obligations under the contract (c) I have invested money in the following companies, partnerships or associations: _______________________________________________ __________________________________________________________ Name of company/partnership/association, address Page 12 SL 8 of 2020 c Standards in Public Life Regulations, 2020 SCHEDULE 1 (d) I am trustee of the following trusts: __________________________________________________________ _________________________________________________________ Give the name of the trust, the position you hold in the trust, and who is the beneficiary of the trust. (e) I own the following land, beneficially or otherwise, __________________________________________________________ __________________________________________________________ Proprietorship of land, location and block and parcel. (f) I hold an interest in the following investment funds: __________________________________________________________ _________________________________________________________ Details relating to investment funding including name and location of the fund. (g) In addition to my salary and other perquisites of office, I have the following sources of income: ___________________________________ __________________________________________________________ State the source, nature and frequency. (h) I hold the following substantial pecuniary interest or other interest, as the case may be, which raises or may appear to raise a material conflict of interest: ________________________________________________ __________________________________________________________ Source, indication of conflict or potential conflict (i) I have the following loans, secured or unsecured, from institutions other than from an institution regulated under “regulated laws” as defined by section 2 of the Monetary Authority Law (2020 Revision): __________ __________________________________________________________ Source, nature of loan. (j) I have received hospitality, gifts or entertainment each instance of which are set out below: ___________________________________________________________ _________________________________________________________ I DECLARE THAT in this Declaration I have given the full particulars, as are known to me, and as are required to be provided in accordance with the Standards in Public Life Law, 2014, in respect of the year ended 30th June, 20 _ _. c SL 8 of 2020 Page 13 SCHEDULE 1 Standards in Public Life Regulations, 2020 Dated this day of , 20__ Signature of Declarant Signature of Witness: Full Name of Witness Postal Address: Physical Address: Page 14 SL 8 of 2020 c Standards in Public Life Regulations, 2020 SCHEDULE 2 SCHEDULE 2 (regulation 2) Declaration Form for Persons Appointed Under Paragraphs 6, 7 and 8 of Schedule 1 to the Law COMMISSION FOR STANDARDS IN PUBLIC LIFE (Standards in Public Life Law, 2014) DECLARATION OF INTERESTS, INCOME, ASSETS AND LIABILITIES FOR THE YEAR ENDED……………………………., 20_ _ (Pursuant to section 12 of the Standards in Public Life Law, 2014) (Please read the instructions carefully before completing this form) PART 1 PERSONAL DETAILS NAME OF DECLARANT: _____________________________________________ Last Name, Middle Name, First Name ADDRESS: __________________________________________________________ Post Office Box Number, Post Code, Street Address CONTACT NUMBERS: ________________________________________________ Home, Work, Mobile EMAIL ADDRESS: ___________________________________________________ MARITAL STATUS: __________________________________________________ Single, Married, Separated, Divorced, Widowed PUBLIC OFFICE: _______________________________________________ Title and the relevant /Statutory Authority/Government Company/Commission DATE OF APPOINTMENT TO CURRENT POSITION:_________________________ DATE WHEN CURRENT TERM OR CONTRACT ENDS: ______________________ LENGTH OF APPOINTMENT:_____________________________________________ PART 2 DETAILS OF CONNECTED PERSONS (“Connected person” is defined in section 2 of the Standards in Public Life Law, 2014) CONNECTED PERSON NUMBER 1:______________________________________ c SL 8 of 2020 Page 15 SCHEDULE 2 Standards in Public Life Regulations, 2020 Last Name, Middle Name, First Name DETAILS OF CONNECTION: CONNECTED PERSON NUMBER 2: ______________________________________ Last Name, Middle Name, First Name DETAILS OF CONNECTION (Continue as necessary for each connected person) PART 3 STATEMENT OF INTERESTS, INCOME, ASSETS AND LIABILITIES In accordance with section 12(5), this Part (paragraphs (a) to (j) is to be completed where there is possible or perceived conflict with the declarant’s functions on the entity to which the declarant is appointed arising out of the declarant’s interest, income assets or liabilities. The following information is provided pursuant to section 12(1) of the Standards in Public Life Law, 2014 (a) I hold shareholdings and directorships in the following companies and other corporate bodies: ________________________________________ Name and address of company or corporate body (b) I have contracts with the following public entities: __________________ ___________________________________________________________ __________________________________________________________ Provide date of contract, brief particulars of rights and obligations under the contract (c) I have invested money in the following companies, partnerships or associations: ________________________________________________ __________________________________________________________ Name of company/partnership/association, address (d) I am trustee or beneficiary to the following trusts]: ____________________________________ _________________________________________________________ Give the name of the trust, the position you hold in the trust, and who is the beneficiary of the trust. Page 16 SL 8 of 2020 c Standards in Public Life Regulations, 2020 SCHEDULE 2 (e) I own the following land, beneficially or otherwise: __________________________________________________________ __________________________________________________________ Proprietorship of land, location and block and parcel. (f) I hold an interest in the following investment funds: __________________________________________________________ _________________________________________________________ Details relating to investment funding including name and location of the fund. (g) In addition to my salary and other perquisites of office, I have the following sources of income: ___________________________________ __________________________________________________________ State the source, nature and frequency. (h) I hold the following substantial pecuniary interest or other interest, as the case may be, which raises or may appear to raise a material conflict of interest: ________________________________________________ __________________________________________________________ Source, indication of conflict or potential conflict (i) I have the following loans, secured or unsecured, from institutions other than from an institution regulated under “regulated laws” as defined by section 2 of the Monetary Authority Law (2020 Revision): __________ __________________________________________________________ Source, nature of loan. (j) I have received hospitality, gifts or entertainment each instance of which is set out below :_____________________________________________ ___________________________________________________________ __________________________________________________________ I DECLARE THAT I have given the full particulars, as are known to me, required to be filled in accordance with the provisions of the Standards in Public Life Law, 2014, in respect of the year ended 30th June, 20 ___. Dated this day of , 20__ Signature of Declarant Signature of Witness: c SL 8 of 2020 Page 17 SCHEDULE 2 Standards in Public Life Regulations, 2020 Full Name: Postal Address: Physical Address: Made in Cabinet this 18th day of February, 2020. Kim Bullings Clerk of the Cabinet Page 18 SL 8 of 2020 c