Public Health Act (2021 Revision)

CAYMAN ISLANDS Public Health Act (2021 Revision) CONTROL OF COVID-19 (TRAVEL) (NO. 3) REGULATIONS, 2022 (SL 22 of 2022) Supplement No. 1 published with Legislation Gazette No. 23 dated 24th June, 2022. PUBLISHING DETAILS Page 2 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Arrangement of Regulations CAYMAN ISLANDS Public Health Act (2021 Revision) CONTROL OF COVID-19 (TRAVEL) (NO. 3) REGULATIONS, 2022 (SL 22 of 2022) Arrangement of Regulations Regulation Page 1. Citation and commencement ........................................................................................... 5 2. Definitions ........................................................................................................................ 5 3. Restrictions on arrival of unvaccinated persons to the Islands ......................................... 8 4. Restrictions on arrival of all vaccinated persons to the Islands ....................................... 11 5. Requirements for passengers disembarking in the Islands from a cruise ship ................ 12 6. Crew of aircraft or ship exempt from compliance with regulations 3 and 4 ..................... 12 7. Liability of owner of ship or aircraft for persons without proper travel documents ........... 13 8. Duty of master of cruise ship.......................................................................................... 14 9. Offence of providing a false vaccination certificate ......................................................... 14 10. Power to exempt persons from compliance with regulations 3 and 4 ............................. 14 11. Powers, duties and functions of the Medical Officer of Health ........................................ 15 12. Police powers ................................................................................................................ 15 13. Payment for place or facility of quarantine or isolation ................................................... 16 14. Submission of documents by electronic means .............................................................. 16 15. Ticketable offences ........................................................................................................ 16 16. Service and payment of ticket ........................................................................................ 17 17. Trial after not paying ticket or not agreeing to ticket ....................................................... 17 18. Repeal of the Control of Covid-19 (Travel) (No. 2) Regulations, 2022 ............................ 18 19. Expiry ............................................................................................................................ 19 SCHEDULE 1 21 DETAILS OF TRAVEL AUTHORIZATION FORM 21 c SL 22 of 2022 Page 3 Arrangement of Regulations Control of Covid-19 (Travel) (No. 3) Regulations, 2022 SCHEDULE 2 22 TICKET UNDER THE CONTROL OF COVID-19 (TRAVEL) (NO. 3) REGULATIONS, 2022 22 SCHEDULE 3 24 TICKET OFFENCES AND FINES 24 Page 4 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Regulation 1 CAYMAN ISLANDS Public Health Act (2021 Revision) CONTROL OF COVID-19 (TRAVEL) (NO. 3) REGULATIONS, 2022 (SL 22 of 2022) In exercise of the powers conferred by section 34 of the Public Health Act (2021 Revision), the Cabinet makes the following Regulations — 1. Citation and commencement 1. (1) These Regulations may be cited as the Control of Covid-19 (Travel) (No. 3) Regulations, 2022. (2) These Regulations come into force on 30th June, 2022. 2. Definitions 2. (1) In these Regulations “approved laboratory” means any one of the following — (a) United Kingdom Accreditation Service (UKAS) accredited laboratories; (b) laboratories of the National Health Service of the United Kingdom; (c) Joint Commission (JC) accredited laboratories; (d) Joint Commission International (JCI) accredited laboratories; (e) International Organization for Standardization (ISO) accredited laboratories; c SL 22 of 2022 Page 5 Regulation 2 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 (f) Commission on Office Laboratory Accreditation (COLA) accredited laboratories; (g) national public health laboratories so declared or designated by the relevant laws of their respective jurisdictions; or (h) any other government approved providers; “approved vaccine course” means — (a) a vaccination programme provided by the Cayman Islands Health Services Authority for use against the virus; (b) a vaccination programme provided by a registered practitioner, a health care facility, or a medical tourism facility for use against the virus and which is approved by the Chief Medical Officer; or (c) any other vaccination programme which is approved by the Chief Medical Officer for use against the virus and which is listed in a notice published by the Chief Medical Officer in the Gazette, in any other official Government website or in any other official means of communication; “captain” has the meaning assigned by section 2 of the Customs and Border Control Act (2022 Revision); “Caymanian” has the meaning assigned by section 2 of the Immigration (Transition) Act (2022 Revision); “Cayman Islands Health Services Authority” means the Cayman Islands Health Services Authority established under section 3 of the Health Services Authority Act (2018 Revision); “civil partner” has the meaning assigned by section 2 of the Civil Partnership Act, 2020; “Clerk of the Court” means the person appointed as such under section 7 of the Grand Court Act (2015 Revision); “Commissioner” means the Commissioner of Police appointed under the Police Act (2021 Revision); “crew” has the meaning assigned by section 2 of the Customs and Border Control Act (2022 Revision); “customs and border control officer” means a public officer appointed under section 6 of the Customs and Border Control Act (2022 Revision) and includes any police officer or other person assisting the Customs and Border Control Service in any assigned matter; “Customs and Border Control Service” means the Customs and Border Control Service established under section 4 of the Customs and Border Control Act (2022 Revision); “cruise ship” means a sea-going vessel engaged in the business of tourism and includes a seasonal cruise ship and a year-round cruise ship; Page 6 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Regulation 2 “direct airside transit visa” means a visa which permits the holder to pass through transit channels subject to the conditions that the holder — (a) remains airside of the airport; and (b) departs from the same airport within twenty-four hours of arrival at that airport; “local agent” has the meaning assigned by section 2 of the Customs and Border Control Act (2022 Revision); “master” has the meaning assigned by section 2 of the Customs and Border Control Act (2022 Revision); “passenger” has the meaning assigned by section 2 of the Customs and Border Control Act (2022 Revision); “registered practitioner” means any person qualified to practise any of the professions specified in the Health Practice Act (2021 Revision) and registered under the Health Practice Act (2021 Revision); “resident” means a person who has legal and ordinary residence in the Islands in accordance with the Immigration (Transition) Act (2022 Revision); “ship” means every description of vessel used in navigation; “travel authorization” means the document which shows that Travel Cayman has approved a person under regulation 3(1) for travel to the Islands; “Travel Cayman” means the agency with responsibility for processing pre- arrival applications and managing traveller protocols related to the virus; “travel declaration” means the form, issued by Travel Cayman and set out on the official website of Travel Cayman, which a person under regulation 4(1) is authorized to complete under regulation 4(4); “unvaccinated person” means a person who has not completed an approved vaccine course at least fourteen days prior to the person’s date of arrival in the Islands; “vaccination certificate” means a document which is provided as evidence that the person in respect of whom the document is issued was administered an approved vaccine course; “vessel” has the meaning assigned by section 2 of the Customs and Border Control Act (2022 Revision); and “virus” means the virus known as SARS-CoV-2 which causes the disease known as Covid-19. (2) For the purposes of regulation 3(1)(b), a person has close ties to the Islands if the person — (a) owns property in the Islands; (b) owns a business in the Islands; or c SL 22 of 2022 Page 7 Regulation 3 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 (c) is the spouse, civil partner, parent, step-parent, grandparent, brother, sister, child, step-child or grandchild of a Caymanian or resident of the Islands. (3) For the purposes of paragraph (2)(c) — (a) a parent, grandparent, brother or sister of a Caymanian or resident of the Islands means a parent, grandparent, brother or sister, including a half- brother or half-sister, of the Caymanian or resident; (b) a child of a Caymanian or resident of the Islands means the biological child or the adopted child of the Caymanian or resident, regardless of the age of the individual who is the biological child or the adopted child; (c) a step-child of a Caymanian or resident of the Islands means a child of one of the parties to a marriage or a civil partnership where one of the parties to the marriage or the civil partnership is a Caymanian or a resident of the Islands, regardless of the age of the individual who is the step-child; and (d) a grandchild of a Caymanian or resident of the Islands includes a grandchild of the Caymanian or resident regardless of the age of the individual who is the grandchild. (4) For the purpose of the definition of the words “direct airside transit visa”, “airside” means any part of the airport that is inaccessible to the general public but that is accessible to international arriving or international transiting passengers. (5) For the purposes of these Regulations, a reference to “departure” includes the departure of any connecting flights or transit flights for the purposes of the journey to the Islands, where — (a) the duration of the layover between those flights is no more than twelve hours; or (b) notwithstanding subparagraph (a) — (i) the duration of the layover between those flights is no more than twenty-four hours; and (ii) the relevant person is the holder of a direct airside transit visa issued by the relevant jurisdiction. 3. Restrictions on arrival of unvaccinated persons to the Islands 3. (1) The categories of unvaccinated persons who may be allowed entry into the Islands in accordance with this regulation are as follows — (a) an unvaccinated person who is a Caymanian or resident; (b) an unvaccinated person who has close ties to the Islands; (c) an unvaccinated person who is a child and travels with an accompanying person under regulation 4(1); and Page 8 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Regulation 3 (d) an unvaccinated person who is the child of a person under subparagraph (b). (2) Notwithstanding any other law, where a person under paragraph (1) arrives in the Islands that person shall be required by a customs and border control officer — (a) to complete a medical and travel questionnaire in such form as is provided by the Medical Officer of Health; and (b) to undergo a medical examination if the customs and border control officer considers that it is necessary. (3) Where a person under paragraph (1) wishes to travel to the Islands, the following shall apply — (a) no less than five days prior to departing for the Islands, an application for a travel authorization which contains the details set out in Schedule 1 shall be made in relation to the person and submitted in the form and manner specified on the official website of Travel Cayman; (b) a travel authorization shall be obtained in relation to the person; and (c) a copy of the person’s travel authorization shall be provided where a customs and border control officer requests such evidence. (4) Subject to paragraphs (5) to (12), upon arrival of a person under paragraph (1) in the Islands, the person shall remain in isolation for a period of not less than seven days at a private residence or such other place or facility of quarantine or isolation as specified by the Medical Officer of Health. (5) Where a person under paragraph (1)(a) arrives in the Islands, that person shall not be required to remain in isolation in accordance with paragraph (4) but shall be required to comply with the written directions of the Medical Officer of Health, including written directions in relation to testing for the virus. (6) Where upon arrival in the Islands — (a) a person under paragraph (1) is allowed to isolate at a private residence in accordance with paragraph (4); and (b) there are other occupants who reside at the private residence who intend to stay at the residence during the period of isolation with the person, each occupant under subparagraph (b) shall comply with paragraph (7). (7) Where the occupant under paragraph (6)(b) — (a) has completed an approved vaccine course and at least fourteen days have elapsed since the completion of that approved vaccine course, the occupant shall comply with the written directions of the Medical Officer of Health, including written directions in relation to isolation due to the virus; or (b) is an unvaccinated person, the occupant shall, for such period as may be determined by the Medical Officer of Health, which period shall be no less c SL 22 of 2022 Page 9 Regulation 3 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 than seven days, be subject to such written directions as are provided by the Medical Officer of Health, including written directions in relation to isolation due to the virus. (8) Where a person under paragraph (1) arrives in the Islands and the person tests positive for the virus or shows respiratory symptoms or symptoms of the virus, the person shall be managed at a place and in such manner as specified by the Medical Officer of Health until the Medical Officer of Health determines that the person is no longer a health risk to the public. (9) Subject to paragraph (5), where — (a) an unvaccinated person who is a child travels with an accompanying person who is a person under paragraph (1)(a) or (b); or (b) an unvaccinated child under paragraph (1)(d) travels unaccompanied for the purpose of visiting a person under paragraph (1)(b), the child, upon arrival in the Islands, shall remain in isolation for a period of not less than seven days at a private residence or such other place or facility of quarantine or isolation as specified by the Medical Officer of Health. (10) Subject to paragraph (5), where an unvaccinated person under paragraph (1)(a) or (b) who is a child travels unaccompanied to the Islands, the following shall apply — (a) where the child intends to reside at a place where all the other occupants who are twelve years of age or older have completed an approved vaccine course at least fourteen days prior to the arrival of the child in the Islands, the child shall not be required to remain in isolation upon arrival unless the child tests positive for the virus or shows respiratory symptoms or symptoms of the virus, in which case the child shall be managed at a place and in such manner as specified by the Medical Officer of Health until the Medical Officer of Health determines that the child is no longer a health risk to the public; or (b) where the child intends to reside at a place where at least one of the occupants is an unvaccinated person who is twelve years of age or older, the child shall remain in isolation for such period from the date of arrival as may be determined by the Medical Officer of Health, which period shall be no less than seven days, at a private residence or such other place or facility of quarantine or isolation as specified by the Medical Officer of Health for the purpose of surveillance by the Medical Officer of Health. (11) Where an unvaccinated child under paragraph 1(c) travels to the Islands, the child shall not be required to remain in isolation upon arrival unless the child tests positive for the virus or shows respiratory symptoms or symptoms of the virus, in which case the child shall be managed at a place and in such manner as specified by the Medical Officer of Health until the Medical Officer of Health determines that the child is no longer a health risk to the public. Page 10 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Regulation 4 (12) A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (13) For the purposes of paragraphs (1), (9), (10) and (11) — “accompanying person” means a person who travels with a child for the purpose of supervising the child while travelling; and “child” means a person who is under the age of twelve years. 4. Restrictions on arrival of all vaccinated persons to the Islands 4. (1) A person who, at least fourteen days prior to the person’s date of arrival in the Islands, has completed an approved vaccine course may be allowed entry into the Islands in accordance with this regulation. (2) Notwithstanding any other law, where a person under paragraph (1) arrives in the Islands, that person shall be required by a customs and border control officer, in respect of the person — (a) to complete a medical and travel questionnaire in such form as is provided by the Medical Officer of Health; and (b) to undergo a medical examination if the customs and border control officer considers that a medical examination is necessary. (3) Where a person under paragraph (1) arrives in the Islands and the person tests positive for the virus or shows respiratory symptoms or symptoms of the virus, the person shall be managed at a place and in such manner as specified by the Medical Officer of Health until the Medical Officer of Health determines that the person is no longer a health risk to the public. (4) Subject to regulation 6, where a person under paragraph (1) intends to travel to the Islands, the person shall, no less than seventy-two hours prior to departing for the Islands, complete and submit a travel declaration in the manner and form specified on the official website of Travel Cayman. (5) A person who has completed a travel declaration in advance of the person’s departure in accordance with paragraph (4) shall provide evidence that the person has done so, where a customs and border control officer requests such evidence.. (6) A person who does not provide evidence of the completion of a travel declaration where so requested by a customs and border control officer under paragraph (5) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (7) A person who provides any false or misleading information in the travel declaration under paragraph (4) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. c SL 22 of 2022 Page 11 Regulation 5 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 (8) A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. 5. Requirements for passengers disembarking in the Islands from a cruise ship 5. (1) Notwithstanding regulations 3 and 4, a passenger who wishes to disembark in the Islands from a cruise ship shall comply with this regulation. (2) Subject to paragraph (3), where a passenger wishes to disembark in the Islands from a cruise ship, the following shall apply — (a) the passenger must have completed an approved vaccine course at least fourteen days prior to embarking on the cruise ship; and (b) upon arrival in the Islands, the passenger shall comply with the directions of the Medical Officer of Health with regard to ensuring that the passenger is not a health risk to persons in the Islands. (3) Where a passenger referred to in paragraph (1) is a child who has not completed an approved vaccine course at least fourteen days prior to embarking on the cruise ship, the following shall apply — (a) the child shall only disembark where the child is accompanied by an accompanying person who satisfies the requirements of paragraph (2); and (b) upon arrival in the Islands, the child shall be subject to such written directions as are provided to the parent or guardian of the child or the accompanying person by the Medical Officer of Health. (4) A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (5) For the purposes of paragraph (3) — “accompanying person” means an adult who travels with a child for the purpose of supervising the child while travelling; and “child” means a person who is under the age of twelve years. 6. Crew of aircraft or ship exempt from compliance with regulations 3 and 4 6. (1) Subject to paragraph (2), regulations 3 and 4 do not apply to the crew, or the master or captain, as applicable, of any ship or aircraft, but for the purpose of the prevention, control or suppression of the spread of the virus — (a) a member of the crew or the master or captain, as applicable, of a ship or aircraft which arrives in the Islands after the date of commencement of these Regulations shall comply with the directions of the Medical Officer of Health with regard to isolation and any testing and health monitoring; and Page 12 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Regulation 7 (b) where a person referred to under subparagraph (a) is directed to isolate at a private residence and there are other occupants who reside at the private residence who intend to stay at the residence during the period of isolation with the person, the other occupants shall comply with the directions of the Medical Officer of Health with regard to isolation and any testing and health monitoring. (2) Where a person who is the master or member of the crew of a cruise ship wishes to disembark in the Islands from a cruise ship, the following shall apply — (a) the person must have completed an approved vaccine course at least fourteen days prior to embarking on the cruise ship; and (b) upon arrival in the Islands, the person shall comply with the directions of the Medical Officer of Health with regard to ensuring that the person is not a health risk to persons in the Islands. (3) A person who contravenes paragraph (1) or (2) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. 7. Liability of owner of ship or aircraft for persons without proper travel documents 7. (1) It shall be the duty of the master of the ship or the captain of the aircraft on or from which a person embarks to travel to the Islands, to satisfy himself or herself that such person is in possession of — (a) a travel authorization, where the person is so required under regulation 3(3); or (b) a travel declaration, where the person is so required under regulation 4(4). (2) Where the master or captain of the vessel under paragraph (1) transports to the Islands a person who does not have in the person’s possession the required travel authorization or travel declaration referred to under that paragraph, the owner of the vessel commits an offence and is liable on summary conviction to a fine of two thousand dollars. (3) Where the owner of the vessel on which the person under paragraph (1) arrived in the Islands is charged with an offence under paragraph (2), it is a defence for the owner of the vessel where the owner, operator, master or local agent of the vessel shows that the person produced the required document or documents to the owner or the owner’s employee or agent when embarking on the vessel. (4) For the purposes of paragraph (1), “person” includes a dependant of the person. (5) For the purposes of the definition of the word “person”, “dependant” has the meaning assigned by section 2 of the Customs and Border Control Act (2022 Revision). (6) In this regulation, a reference to a ship or vessel does not include a cruise ship. c SL 22 of 2022 Page 13 Regulation 8 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 8. Duty of master of cruise ship 8. The master of a cruise ship shall ensure that — (a) prior to the arrival of the cruise ship in the Islands, a customs and border control officer is provided with a list which indicates the vaccination status of each passenger and member of the crew of the cruise ship; and (b) a person who tests positive for the virus or who shows any symptoms of the virus is not permitted to disembark the cruise ship in the Islands. 9. Offence of providing a false vaccination certificate 9. A person who, in purported compliance with regulation 4, provides a customs and border control officer with a false or forged vaccination certificate commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. 10. Power to exempt persons from compliance with regulations 3 and 4 10. (1) Subject to paragraph (2), the Medical Officer of Health may exempt a person or category of persons from any of the requirements in regulations 3 and 4. (2) A person who is exempted under paragraph (1) — (a) shall comply with the directions of the Medical Officer of Health with regard to isolation and any additional health monitoring for the purpose of the prevention, control or suppression of the spread of the virus; and (b) who tests positive for the virus or shows respiratory symptoms or symptoms of the virus shall be managed at a place and in such manner as specified by the Medical Officer of Health, until the Medical Officer of Health determines that the person is not a health risk to the public. (3) Where the Medical Officer of Health exempts a person or category of persons from any of the requirements under regulation 3 and 4, the Medical Officer of Health shall ensure that, not less than once in every three month period, the Cabinet is notified of — (a) the number of exemptions granted during that three month period; (b) the nature of each exemption granted; and (c) the person or category of persons to whom the exemption has been granted. (4) A person who does not comply with the directions of the Medical Officer of Health under paragraph (2)(a) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. Page 14 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Regulation 11 11. Powers, duties and functions of the Medical Officer of Health 11. (1) In carrying out powers, duties and functions under these Regulations, the Medical Officer of Health has all the powers, duties and functions specified in Part VI of the Act and shall exercise any other relevant powers, duties and functions specified — (a) under regulation 12 of the Public Health (Communicable Diseases) Regulations (1997 Revision) which a medical officer would otherwise be required to exercise; and (b) under the Public Health (Quarantine) Regulations (2021 Revision) which a quarantine officer would otherwise be required to exercise. (2) Subject to paragraph (1)(b), the Public Health (Quarantine) Regulations (2021 Revision) shall apply for the purposes of these Regulations with any necessary modifications. (3) Where a person is found to have presented a false or forged vaccination certificate under these Regulations, the person shall — (a) from a date and for such period as may be determined by the Medical Officer of Health; and (b) for the purpose of surveillance by the Medical Officer of Health, remain at a place or facility of quarantine or isolation specified by the Medical Officer of Health and be subject to such directions as are provided by the Medical Officer of Health. 12. Police powers 12. (1) A police officer may require a person to answer any questions to enable the police officer to ascertain who the person is and whether the person is complying with these Regulations, and where the person does not satisfy the police officer that the person is complying with these Regulations, the police officer may — (a) detain the person and inform the Medical Officer of Health or a person designated by the Medical Officer of Health of the fact that a person has been so detained; and (b) convey the person to a place or facility of quarantine or isolation, if so directed by the Medical Officer of Health. (2) The powers in paragraph (1) may be exercised where a person is at any place. (3) For the purposes of exercising the powers in paragraph (1), a police officer may enter any place or facility of quarantine or isolation, including a private residence specified as such under these Regulations, or a multi-dwelling premises in which such a private residence is located. (4) A police officer may use reasonable force, if necessary, in the exercise of the police officer’s powers under this regulation. c SL 22 of 2022 Page 15 Regulation 13 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 13. Payment for place or facility of quarantine or isolation 13. A person who is required to stay in a place or facility of quarantine or isolation which is operated by Government is liable to pay for any costs associated with the person’s accommodation in such a place or facility. 14. Submission of documents by electronic means 14. (1) For the purposes of these Regulations, where a person is required to submit — (a) a vaccination certificate; (b) a travel authorization; or (c) a travel declaration, the certificate, authorization or declaration may be recorded in electronic form and submitted by electronic means. (2) For the purposes of this regulation, “electronic” has the meaning assigned by section 2 of the Electronic Transactions Act (2003 Revision). 15. Ticketable offences 15. (1) When an offence appears to have been committed contrary to these Regulations, notwithstanding that certain penalties for such offences are by those Regulations expressed to be mandatory, a constable, special constable or person authorized by the Commissioner may instead serve on the alleged offender a ticket in the form set out in Schedule 2. (2) Where an offence referred to in Columns 1 and 2 of Schedule 3 is committed, the penalty in Column 3 of Schedule 3 applies. (3) Where the summary of an offence contained in Column 1 of Schedule 3 differs from the substantive creation of the offence in the provision concerned, the provision creating the offence shall prevail and no person may be acquitted on the basis that there is a conflict between the summary of the offence contained in Column 1 of Schedule 3 and the substantive provision. (4) Where a person is served with a ticket under paragraph (1), the payment of the penalty stated in the ticket no later than twenty-eight days after being served discharges the person from liability upon conviction for the offence set out in the ticket. (5) Payment of a ticket under these Regulations shall be made to the Clerk of the Court and the fine under the ticket, unless otherwise expressly stated, forms part of the general revenue of the Islands. Page 16 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Regulation 16 16. Service and payment of ticket 16. (1) A constable, special constable or person authorized by the Commissioner who serves a ticket shall complete and sign the certificate of service in the ticket stating that the ticket was, on the date set out in the certificate, served on the person whom the constable, special constable or person authorized by the Commissioner had reason to believe committed the offence. (2) A certificate of service in the ticket shall be evidence that, on the date set out in the certificate, a ticket was served on the person whom the constable, special constable or person authorized by the Commissioner had reason to believe committed the offence. (3) The Commissioner shall file or cause to be filed with the Clerk of the Court the duplicate of a ticket served under paragraph (1) as soon as practicable after the ticket is served. (4) Upon being served a ticket, a person may — (a) pay the total amount set out in the ticket; (b) enter a “not guilty” plea in accordance with regulation 17(1); or (c) attend the summary court on the date set out in the ticket and enter a plea. 17. Trial after not paying ticket or not agreeing to ticket 17. (1) A person who is served with a ticket and who wishes to enter a “not guilty” plea may request a trial by ticking the box for requesting a trial in the ticket and deliver the ticket to the Clerk of the Court within twenty-eight days of being served with the ticket and the Clerk of the Court shall enter a plea of “not guilty”. (2) As soon as practicable after a person requests a trial under paragraph (1), the Clerk of the Court shall — (a) notify the Commissioner of the request; (b) if the Commissioner has not filed the duplicate of the ticket or caused the duplicate of the ticket to be filed in accordance with regulation 16(3), request the duplicate ticket; (c) fix the time and place of the trial; and (d) notify the defendant and the prosecution, by specifying the time and place of the trial in the ticket. (3) A person who has been served with a ticket and has not paid the total amount set out in the ticket in accordance with regulation 15, nor entered a “not guilty” plea in accordance with paragraph (1), shall attend at the court on the date specified by the Clerk of the Court in the ticket, which shall be no earlier than thirty-eight days after the date that the ticket was served on the person and the notice of the court date in the ticket shall be notice to the defendant and the prosecution of the same. c SL 22 of 2022 Page 17 Regulation 18 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 (4) A ticket filed with the Clerk of the Court is evidence of the facts alleged in the ticket without proof of the signature of the person appearing to have completed the ticket or the person on whom the ticket was served. (5) Except as otherwise provided, a notice or document required or authorized to be given or delivered under this regulation may be given or delivered personally by registered mail or electronically. (6) Evidence that a notice or document required or authorized to be given or delivered to a person under this regulation was sent by registered mail to the person at the last known place of abode or business address appearing on a ticket or electronically, is sufficient evidence that the notice or document was given or delivered to the person unless the contrary is proved. (7) A person who is convicted of an offence — (a) in a trial requested under paragraph (1); or (b) in a trial as a result of a failure to pay the total amount set out in the ticket in accordance with regulation 15, is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of two years, or to both. (8) The ticket, for the purposes of a trial, is deemed to be a complaint within the meaning of section 14 of the Criminal Procedure Code (2021 Revision). (9) Notwithstanding anything in law to the contrary, where a ticket remains unpaid at the expiration of the time specified for the payment of the ticket or where the person served requests a trial, the ticket shall be deemed to be a summons in accordance with section 15 of the Criminal Procedure Code (2021 Revision). (10) Subject to paragraph (2), proceedings in respect of an offence deemed to be instituted by a ticket under these Regulations shall not be listed for hearing in court unless — (a) the Clerk of the Court certifies that the payment of the ticket has not been received within the twenty-eight day period within which it was payable; and (b) a period of ten days has elapsed from the last day on which the ticket penalty was payable. (11) Where the ticket is not paid within the time specified in the ticket or the person served requests a trial, proceedings in respect of the offence specified in the ticket shall be in accordance with the procedure set out for Category C offences under the Criminal Procedure Code (2021 Revision). 18. Repeal of the Control of Covid-19 (Travel) (No. 2) Regulations, 2022 18. The Control of Covid-19 (Travel) (No. 2) Regulations, 2022 are repealed. Page 18 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 Regulation 19 19. Expiry 19. These Regulations shall continue in force until 31st August, 2022 or until such other date as the Cabinet may specify by notice in the Gazette, in any other official Government website or in any other official means of communication. c SL 22 of 2022 Page 19 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 SCHEDULE 1 SCHEDULE 1 (regulation 3(3)(a)) DETAILS OF TRAVEL AUTHORIZATION FORM 1. Full name 2. Maiden or other name 3. Date of birth 4. Passport number 5. Passport issuing country 6. Gender 7. Immigration status 8. Vaccination status 9. Email address 10. Phone number 11. Whether the person is a traveller or occupant 12. Date and flight for travel 13. Details of travel within the fourteen days before arrival in the Islands 14. Quarantine option (address if quarantine is required or selected) 15. Flight details (record locator) 16. Special needs (if applicable) c SL 22 of 2022 Page 21 SCHEDULE 2 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 SCHEDULE 2 (regulation 15(1)) TICKET UNDER THE CONTROL OF COVID-19 (TRAVEL) (NO. 3) REGULATIONS, 2022 Ticket served upon alleged offender (details below) Name: __________________________________________________________________ D.O.B.:_________________________________ P.O. Box ________________________ Address: ________________________________________________________________ E-mail Address: __________________________________________________________ Phone :________________________________(w)_________________________ (h)___ Work Address: ___________________________________________________________ Time and place at which offence committed: ________________________________________________________________________ ________________________________________________________________________ Offence: Regulation: ___________________________ _______________ $___________ Offence: Regulation: ___________________________ _______________ $___________ Offence: Regulation: ___________________________ _______________ $___________ Offence: Regulation: ___________________________ _______________ $___________ (Use second ticket for additional offences) Page 22 SL 22 of 2022 c Control of Covid-19 (Travel) (No. 3) Regulations, 2022 SCHEDULE 2 Date of Issue: _________________________________Time:_________________am/pm Place: __________________________________________________________________ Reporting Officer’s Name (and Rank & No.):___________________________________ ________________________________________________________________________ To the person to whom this ticket is served — (a) you may pay the total amount set out in the ticket before 3 p.m. the ________ day of ______________ 20_______ at the Courts Office, Finance Centre located at Kirk House Albert Panton Street, George Town, Grand Cayman during Opening Hours (9am-3pm) or online at https://pay.judicial.ky. For queries, e- mail criminalregistry@judicial.ky or call 244-3867; or (b) you may enter a plea of “not guilty” up to twenty-eight days after being served and indicate your intention to plead “not guilty” and request a trial by ticking the □ box and deliver the ticket — (i) personally to Criminal Registry at 61 Albert Panton Street, George Town; (ii) by registered mail to Covid-19 Ticket P.O. Box 495, Grand Cayman, KY1- 1106; or (iii) electronically by e-mail to criminalregistry@judicial.ky to the Clerk of the Court; or (c) upon requesting a trial, upon non-payment or where a plea of “not guilty” is not entered, you are summoned to attend the Summary Court: (i) in Grand Cayman, at___ __on ____ _____ _____ __ 20___ __; or (ii) in Cayman Brac, at ___ __on ___ _____ _____ ____20 ____. CERTIFICATE OF SERVICE I am a [constable] / [special constable] / [person authorized by the Commissioner] and I certify that I served this ticket on the person named on the date and at the time stated above. __________________________________ _____________________________ (Name of Constable/Special Constable/Person (Signature) authorized by the Commissioner) If you experience any issues with the above payment options or you require the assistance of the Clerk of the Court please contact: criminalregistry@judicial.ky or call 244-3867 or 949-4296 c SL 22 of 2022 Page 23 SCHEDULE 3 Control of Covid-19 (Travel) (No. 3) Regulations, 2022 SCHEDULE 3 (regulation 15(2) and (3)) TICKET OFFENCES AND FINES Column 1 Column 2 Column 3 Summary of offence Relevant Fine Regulation 1. Failure of a person under regulation 3(1) to 3(12) $1000 complete and submit a travel authorization, where required under regulation 3(3), prior to traveling to the Islands. 2. Failure of a person under regulation 4(1) to 4(8) $1000 complete and submit a travel declaration, where required under regulation 4(4), prior to traveling to the Islands. Made in Cabinet the 24th day of June, 2022. Kim Bullings Clerk of the Cabinet Page 24 SL 22 of 2022 c