Defence Act, 2020 (Act 49 of 2020)

CAYMAN ISLANDS Defence Act, 2020 (Act 49 of 2020) DEFENCE (ENLISTMENT AND SERVICE) ORDERS, 2021 (SL 13 of 2021) Supplement No. 1 published with Legislation Gazette No. 11 dated 4th February, 2021. PUBLISHING DETAILS Page 2 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 Arrangement of Paragraphs CAYMAN ISLANDS Defence Act, 2020 (Act 49 of 2020) DEFENCE (ENLISTMENT AND SERVICE) ORDERS, 2021 (SL 13 of 2021) Arrangement of Paragraphs Paragraph Page 1. Citation ......................................................................................................................................5 2. Application of Order ...................................................................................................................5 3. Schedule 1 - General Terms of Enlistment and Service .............................................................5 4. Schedule 2 - Declaration Form ..................................................................................................5 5. Schedule 3 - Confidentiality agreement......................................................................................5 6. Schedule 4 - Attestation Paper ..................................................................................................6 SCHEDULE 1 7 (paragraph 3) ......................................................................................................................................7 General Terms of Enlistment and Service 7 SCHEDULE 2 10 (paragraph 4) .................................................................................................................................... 10 Declaration Form 10 SCHEDULE 3 12 (paragraph 5) .................................................................................................................................... 12 Confidentiality Agreement 12 SCHEDULE 4 13 (paragraph 6) .................................................................................................................................... 13 Attestation Paper 13 c SL 13 of 2021 Page 3 Arrangement of Paragraphs Defence (Enlistment and Service) Orders, 2021 Page 4 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 Paragraph 1 CAYMAN ISLANDS Defence Act, 2020 (Act 49 of 2020) DEFENCE (ENLISTMENT AND SERVICE) ORDERS, 2021 (SL 13 of 2021) In exercise of the powers conferred by section 13 of the Defence Act, 2020, the Governor makes the following Order — 1. Citation 1. This Order may be cited as the Defence (Enlistment and Service) Orders, 2021. 2. Application of Order 2. This Order applies to persons who have been recruited to the Cayman Islands Regiment to become members of the Regiment. 3. Schedule 1 - General Terms of Enlistment and Service 3. Schedule 1 contains general terms of enlistment and service. 4. Schedule 2 - Declaration Form 4. Schedule 2 contains the declaration form which is to be signed by each person recruited to the Regiment. 5. Schedule 3 - Confidentiality agreement 5. Schedule 3 contains the confidentiality agreement which must be signed upon recruitment to the Regiment. c SL 13 of 2021 Page 5 Paragraph 6 Defence (Enlistment and Service) Orders, 2021 6. Schedule 4 - Attestation Paper 6. Schedule 4 contains the attestation paper. Page 6 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 SCHEDULE 1 SCHEDULE 1 (paragraph 3) General Terms of Enlistment and Service General Duties 1. The general duties of a member of the Regiment shall be specified by the Commanding Officer or by an officer designated by the Commanding Officer and may be modified from time to time at the discretion of the Commanding Officer. 2. In addition to any other duties outlined in the Defence Act, 2020 and any Orders, Rules, Regulations made thereunder, the duties of a member of the Regiment include the following — (a) upon enlistment, undergoing a course of military training lasting not less than two weeks; and upon successful completion of such training, serving as a member of the Cayman Islands Regiment for a period of not less than two years; (b) for the purpose of completing annual military training during each year of the member’s enlistment — (i) undergoing 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; (ii) attending at least forty drills on such days and at such times and places as may be notified by the Commanding Officer; and (iii) fulfilling such other conditions relating to military training as may be notified by the Commanding Officer; (c) providing Humanitarian Aid and Disaster Relief (HADR) as required in the Islands following disasters in accordance with the primary role of the Cayman Islands Regiment; (d) boosting the Islands’ disaster management capability protecting critical infrastructure, supporting civilian authorities and providing route and airfield clearance, first aid, shelter marshals, and similar things in time of need; (e) providing support to assisting the Royal Cayman Islands Police Service and the Coast Guard when called upon to do so by the Governor; (f) providing Humanitarian Assistance and Disaster Relief (HADR), an performing other duties as the Governor, after consultation with the Premier, determines; c SL 13 of 2021 Page 7 SCHEDULE 1 Defence (Enlistment and Service) Orders, 2021 (g) if instructed, deploying overseas in response to disasters in other British Overseas Territories and other jurisdictions; and (h) performing such other duties as the Commanding Officer may determine or direct. Limited Conflicts of Engagement 3. The member of the Regiment agrees not to, without the written agreement of the Commanding Officer, engage in any private gainful activity that — (a) conflicts with the Regiment’s duties; or (b) might reasonably be perceived to conflict with the Regiment’s duties. Remuneration and Benefits 4. Subject to any relevant law or contract, the remuneration for the post of a member of the Regiment is one hundred dollars per day and is payable for periods when the member of the Regiment is — (a) undergoing training; (b) required to attend drills, training or annual camp; or (c) performing his or her official and authorised duties as a member of the Regiment. 5. The remuneration shall be paid once per month, or in accordance with a Schedule determined by the Regiment. 6. The remuneration of a member of the Regiment is liable to deductions to recover any over payments or other monies owed to the Regiment. No Presumption of Further Engagement 7. A person’s enlistment as a member of the Regiment establishes no presumption or expectation that the person will be offered further engagement at the end of his or her initial two year period of service. Under or Overpayment of Remuneration 8. An erroneous underpayment of remuneration by the Regiment shall be paid to the member of the Regiment at the next practical pay period. 9. An erroneous overpayment of remuneration shall be repaid to the Regiment by the member of the Regiment and pursuant thereto, the Regiment may recover the overpayment from the member of the Regiment by way of deduction from the wages or salaries of the member of the Regiment over a reasonable period. 10. Where there has been an overpayment of remuneration and no or insufficient salaries or wages are due to the member of the Regiment from which a deduction can be made, the member shall be liable to repay all sums overpaid to him or her immediately upon demand, or at such other time as may be specified by the Regiment. Page 8 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 SCHEDULE 1 Discipline 11. A member of the Regiment shall be disciplined or dismissed for misconduct or failure to perform any obligation under this Order in accordance with the manner prescribed in the Defence Act, 2020. c SL 13 of 2021 Page 9 SCHEDULE 2 Defence (Enlistment and Service) Orders, 2021 SCHEDULE 2 (paragraph 4) Declaration Form CIR Form-0001 DECLARATION AND UNDERSTANDING OF GENERAL TERMS OF ENLISTMENT AND SERVICE (“D.U.T.E.S”) I, ...................................................…....., do hereby solemnly and sincerely declare and affirm that I understand the nature of the obligations I am about to undertake as a member of the Cayman Islands Regiment; and I will truly, faithfully and diligently discharge those obligations without fear, favour, affection or ill-will. I understand that upon being enlisted in the Cayman Islands Regiment, I will be expected to and hereby also agree to abide by all of the laws, Orders, Rules, and Regulations that govern my services as a member of the Regiment and I will obey all of the instructions, orders and commands given to me by my superiors. I also understand that failure to do so will make me liable to discipline, punishment or discharge from the Regiment. (See Schedule 1 which forms a part of these D.U.T.E.S) I understand that on this enlistment I shall be required to undergo a course of military training lasting not less than two weeks and that upon successful completion of such training I shall be required to, and hereby also agree to serve as a member of the Cayman Islands Regiment for a period of not less than two years. I understand that on signing this Declaration and taking the Oath that I become a soldier and member of the Cayman Islands Regiment and therefore, subject to military law, and in particular to the Defence Act, 2020 of the Cayman Islands as well as any Orders, Rules or Regulations, made thereunder or issued in accordance with that Act. Page 10 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 SCHEDULE 2 I agree to conduct myself at all times in a manner that is befitting of the uniform that I wear and to refrain from any conduct that would bring my fellow soldiers or the Cayman Islands Regiment into disrepute. Signature of member of the Regiment: ……………………………..………………………………………. Date: …...…………………………………………………………………………... Signature of Witness : …………………………………………………...…………… c SL 13 of 2021 Page 11 SCHEDULE 3 Defence (Enlistment and Service) Orders, 2021 SCHEDULE 3 (paragraph 5) Confidentiality Agreement CIR Form-0002 I, ……………………………………………, a member of the Cayman Islands Regiment, do hereby acknowledge, covenant and agree to be bound by the following confidentiality obligations in respect the performance of my duties to and functions for the Regiment: 1. I acknowledge my duty to protect, and not disclose all and any confidential information that I will have access to and be entrusted with in the course of performing and fulfilling my functions or duties as a member of the Cayman Islands Regiment. 2. I understand that information is “confidential information” — (a) if it concerns any of the affairs of the Cayman Islands Regiment, its business or day-to-day operation, or any matter of national security; and (b) includes information the disclosure of which the Cayman Islands Regiment might reasonably be expected to object to, but does not exclude any of the statutory definitions provided in the legislation relevant to the Cayman Islands Regiment or to the conduct of its duties or functions. 3. I further acknowledge and agree that the right to maintain the confidentiality of such information constitutes a right, which the Cayman Islands Regiment is entitled to protect. Accordingly, I covenant and agree that I will not disclose or use any confidential information except as required in the normal course of my engagement, or with the prior written approval of the Cayman Islands Regiment. 4. I further covenant and agree that, once my engagement ceases, my obligation to protect the confidential information continues and that I will not disclose or make use of the confidential information in any circumstances whatsoever. SIGNED: ……………………………………………… NAME: ……………………………………………….. DATE: ……………………………………………….. Page 12 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 SCHEDULE 4 SCHEDULE 4 (paragraph 6) Attestation Paper CIR Form-0003 Male/Female: Regiment No.: Name: Initials: Instructions for Attesting Officers 1. The Oath or Attestation shall be administered by a Justice of the Peace or by a Commissioned Officer. Instructions for Completion of Attestation Paper 2. Whenever a soldier is attested, the D.U.T.E.S, Confidentiality Agreement and Attestation Paper are to be completed at the same time. 3. The Attesting Officer shall ensure: (a) that all questions in the Attestation Paper are completed; (b) that D.U.T.E.S is explained to and signed by the Soldier; (c) that the Confidentiality Agreement is explained to and signed by the soldier; (d) that the soldier completes the next of kin details; (e) that certificates are completed by the appropriate officers; and (f) that the soldier is informed that — (i) this Attestation forms part of his or her military record and must be answered truthfully; and c SL 13 of 2021 Page 13 SCHEDULE 4 Defence (Enlistment and Service) Orders, 2021 (ii) that upon signing this attestation and taking the oath or making the affirmation, he or she becomes a member of the Regiment and is subject to military law. 4. The answer to Question 16 shall be in accordance with the Regiment’s recognized denominations. 5. If the answer to Question 18 or 19 is yes, the soldier shall produce, if possible, any certificates issued. 6. If there is insufficient space for the answer to Question 21 any additional details must be recorded on a continuation sheet or continuation sheets and these must then be certified and dated by the soldier. 7. Any alterations to this Attestation Paper are to be initialled by the soldier and the Attesting or Approving Officer. Disposal of Attestation Paper and Insert 8. After a soldier has been attested, his or her CIR Form-0001, CIR Form-0002 and CIR Form-0003 are to be sent to the Regimental headquarters for filing. 9. There shall be no delay in the processing of this form. Questions to be answered by the recruit 10. Do you understand that this Attestation forms part of your military record and that if you knowingly give a false answer to any of the following questions during your attestation you will render yourself liable to punishment and discharge from the Regiment? Please appropriate box Yes No 11. (1) What is your surname? (Block letters) ………………………………………… (2) What are your forename(s)? (Block letters) …………………………………….. (3) What is your date of birth? (Block letters) ……………………………………… (4) What is your place of birth? (Block letters ) ………………………………........ Page 14 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 SCHEDULE 4 12. (1) What was your nationality at birth? ………………………………..................... (2) What is your nationality now? ………………………………............................. 13. What is your present postal address? …………………………………………………. 14. Are you single, married, divorced, separated or widowed? State which ……………………………..………………….... 15. How many children are dependent on you? ………………………………………….. 16. What is your religious denomination? ………………………………………………... 17. What is your civilian trade or employment? …………………………………….......... 18. Have you ever been a member of the Cayman Islands Cadet Corps or Army Cadet Force? Please appropriate box Yes No If the answer is YES please state: a. Unit ……………………………… Rank Attained: ……..…….……………….. b. Period from ……………….…………to ……………………………………….. c. Certificates awarded …………………………………………………………… ……………………………………………………………………………………. ……………………………………………………………………………………. ……………………………………………………………………………………. c SL 13 of 2021 Page 15 SCHEDULE 4 Defence (Enlistment and Service) Orders, 2021 19. Do you belong to, or have you ever served in, Her Majesty’s Naval, Military or Air Forces or in any Commonwealth or Colonial force? If the answer is YES please state: a. Force……………………………………………………………….. b. Units……………………………………………………………….. c. Service Number…………………….…………………………….... d. Service from…………………………..to…………………………. e. Rank on discharge ………………………………………………… f. Date of discharge…………………………………………………... g. Reason for discharge……………………………………………….. 20. Have you ever been rejected for service in Her Majesty’s Naval, Military or Air Forces or in any Commonwealth or Colonial force? Please appropriate box Yes No If the answer is YES please state reasons: Page 16 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 SCHEDULE 4 21. Have you ever been found guilty of an offence by any court? Offences spent under the Criminal Records (Spent Convictions) Act (2018 Revision) need not be mentioned here unless you are told that particulars of such an offence are required. Please appropriate box Yes No No If the answer is YES then, in respect of each offence what was: a. The date of the hearing?.................................................................. b. The court of hearing? ...................................................................... c. The offence……………………………………………………….. d. The sentence or order?..................................................................... Is any charge outstanding against you? Please appropriate box Yes No If the answer is YES please state the charge. c SL 13 of 2021 Page 17 SCHEDULE 4 Defence (Enlistment and Service) Orders, 2021 22. Do you understand that upon being enlisted as a member of the Cayman Islands Regiment — (a) you become subject to military law, and will be expected to abide by all of the laws, Rules, Orders and regulations applicable to the Regiment; (b) that that you are expected to obey all of the instructions, orders and commands given to you by your superiors; and (c) that failure to do so will make you liable to discipline, sanction, punishment or discharge from the Regiment? 23. Do you understand that upon being enlisted as a soldier in the Cayman Islands Regiment, you will be expected to abide by all of the rules of the Regiment and obey all of the instructions, orders and commands given to you by your superiors; and that failure to do so will make you liable to punishment or discharge from the Regiment? Please appropriate box Yes No 24. Have you received a copy of the D.U.T.E.S. setting out the general conditions of the engagement to be entered into, and the questions to be answered on attestation? Please appropriate box Yes No 25. Do you understand that on this enlistment you will be required to undergo a course of military training lasting not less than two weeks and that upon successful completion of such training you will be required to serve as a member of the Cayman Islands Regiment for a period of not less than two years? Please appropriate box Yes No SOLEMN DECLARATION 26. I, …………………………………………………………………do solemnly declare that the above answers made by me to the above questions are true, and correct and that I am willing to fulfil the engagement made. ……………………………………………………. Signature of soldier …………………………………………………… Date Page 18 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 SCHEDULE 4 OATH TO BE TAKEN BY SOLDIER ON ATTESTATION 27. I, …………………………………………………………………………do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, her Heirs and Successors, and the people of the Cayman Islands; and that I will observe and obey all instructions, orders and commands given to me by my superiors and by the Officers set over me. So Help me God. (On signing the above Declaration and taking the Oath, the Soldier becomes a member of the Cayman Islands Regiment and subject to Military Law). ALLOCATION ACCEPTANCE CERTIFICATE 28. As a result of briefing and the recommendation which has been made for my enlistment in the Cayman Islands Regiment whilst attending the soldier Selection Centre on the ……………day of ……………………………, 20….I agree that I should be appointed to the Cayman Islands Regiment. ………………………………………………… Signature of soldier CERTIFICATE OF ATTESTING AND APPROVING* OFFICER 29. I certify that the soldier has received a copy of the D.U.T.E.S and I have taken care that he/she understands each question on the Attestation Paper and the answer to each question has been duly entered. 30. I am satisfied from the evidence produced or the statements made by the soldier that he or she is eligible for enlistment. 31. The soldier’s date and place of birth were verified against his or her Certificate of Birth/Passport on the ……………day of ……………………………, 20…. and the CIR Form-0001 endorsed accordingly. c SL 13 of 2021 Page 19 SCHEDULE 4 Defence (Enlistment and Service) Orders, 2021 32. The soldier has made and signed the D.UT.E.S, signed the Confidentiality Agreement and has taken the Oath before me at …………………………………..… on this ……… day of …………………………………, 20……. 33. The above-named soldier was medically examined on the ……………day of ……………………………, 20…. in accordance with the Medical Examiner Report and determined to be fit. 34. I CERTIFY that this Attestation of the forenamed soldier is properly completed and that the required forms relative to his or her enlistment appear to have been completed. I accordingly approve, and appoint him or her to: Signature of Attesting Officer………………………………………………………… Place………………………………………………………………………………….. Date…………………………………………………………………………………... Rank and Appointment………………………………………………………………. *delete reference to ‘approving’ if question 35 completed. CERTIFICATE OF APPROVING OFFICER 35. (Only to be completed by the parent MRO for members of the Regiment whose Army/Service reserves the right of final approval). I approve, and appoint him or her to: Rank and Appointment Place Date Page 20 SL 13 of 2021 c Defence (Enlistment and Service) Orders, 2021 SCHEDULE 4 NEXT OF KIN 36. Next of Kin Name and Initials Relationship Member’s Home Address, Tele. No. Next of Kin’s Home Address, Tele. and E-mail No. and E-mail Post Code: Post Code: NOTES Made by the Governor the 4th day of February, 2021. Martyn Roper Governor c SL 13 of 2021 Page 21