TERMINAL CHARGES (VALIDATION) ACT, 2023

CAYMAN ISLANDS TERMINAL CHARGES (VALIDATION) ACT, 2023 (Act 11 of 2023) Supplement No. 1 published with Legislation Gazette No. 34 dated 1st November, 2023. PUBLISHING DETAILS Page 2 Act 11 of 2023 c Terminal Charges (Validation) Act, 2023 Arrangement of Sections CAYMAN ISLANDS TERMINAL CHARGES (VALIDATION) ACT, 2023 (Act 11 of 2023) Arrangement of Sections Section Page 1. Short title ...................................................................................................................................5 2. Validation of payment and collection of terminal charges ...........................................................5 3. Validation of assessment and payment of penalties for non-payment of terminal charges .........6 4. Validation of orders or determinations by a court .......................................................................6 5. Immunity ....................................................................................................................................7 c Act 11 of 2023 Page 3 Terminal Charges (Validation) Act, 2023 Section 1 (Act 11 of 2023) CAYMAN ISLANDS I Assent, Jane Owen Governor Date: 6th October, 2023 TERMINAL CHARGES (VALIDATION) ACT, 2023 (Act 11 of 2023) AN ACT TO VALIDATE THE PAYMENT AND COLLECTION OF TERMINAL CHARGES BETWEEN THE PERIOD COMMENCING 1ST OCTOBER, 1997 AND ENDING ON THE COMMENCEMENT OF THIS ACT; TO VALIDATE PENALTIES ASSESSED OR PAID FOR THE NON-PAYMENT OF TERMINAL CHARGES; TO VALIDATE ORDERS OR DETERMINATIONS OF THE COURT RELATING TO TERMINAL CHARGES; TO VALIDATE CERTAIN ACTIONS TAKEN IN THE COLLECTION OF TERMINAL CHARGES; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. Short title 1. This Act may be cited as the Terminal Charges (Validation) Act, 2023. 2. Validation of payment and collection of terminal charges 2. (1) The terminal charges paid to the Director of Civil Aviation which were purported to have been collected under the authority of regulation 3 of the Airport (Security Tax) Regulations (1997 Revision), the Airport (Security Tax) Regulations (1999 Revision) or the Airport (Security Tax) Regulations (2003 Revision) during the period commencing on 1st October, 1997 and ending on 16th August, 2004 are — (a) validated; and c Act 11 of 2023 Page 5 Section 3 Terminal Charges (Validation) Act, 2023 (b) taken to have been lawfully paid to, and collected by, the Director of Civil Aviation, as if the terminal charges had been prescribed in regulations made under section 27(d) of the Civil Aviation Authority Act (1997 Revision). (2) The terminal charges paid to, and collected by, the Cayman Islands Airports Authority during the period commencing on 17th August, 2004 and ending on the commencement of this Act are — (a) validated; and (b) taken to have been lawfully paid to, and collected by, the Cayman Islands Airports Authority, as if the terminal charges had been prescribed in regulations made under section 41(1)(k) of the Airports Authority Act, 2004 or the Airports Authority Act (2005 Revision). 3. Validation of assessment and payment of penalties for non-payment of terminal charges 3. (1) Any penalties for non-payment of terminal charges assessed by, or paid to, the Director of Civil Aviation under the purported authority of regulation 4 of the Airport (Security Tax) Regulations (1997 Revision), the Airport (Security Tax) Regulations (1999 Revision) or the Airport (Security Tax) Regulations (2003 Revision) during the period commencing on 1st October, 1997 and ending on 16th August, 2004 are — (a) validated; and (b) taken to have been lawfully assessed by, or paid to, the Director of Civil Aviation, as if the penalties were assessed or paid in accordance with regulations made under section 27(d) of the Civil Aviation Authority Act (1997 Revision). (2) Any penalties for non-payment of terminal charges assessed by, or paid to, the Cayman Islands Airports Authority during the period commencing on 17th August, 2004 and ending on the commencement of this Act are — (a) validated; and (b) taken to have been lawfully assessed by, or paid to, the Cayman Islands Airports Authority, as if the penalties were assessed or paid in accordance with regulations made under section 41(1)(k) of the Airports Authority Act, 2004 or the Airports Authority Act (2005 Revision). 4. Validation of orders or determinations by a court 4. This Act does not affect any order or determination made by a court with respect to terminal charges prior to the commencement of this Act. Page 6 Act 11 of 2023 c Terminal Charges (Validation) Act, 2023 Section 5 5. Immunity 5. (1) Notwithstanding any law to the contrary, actions of the Director of Civil Aviation in the collecting of terminal charges and the assessment of penalties for non-payment of terminal charges during the period commencing on 1st October, 1997 and ending on 16th August, 2004 are — (a) validated; and (b) taken to have been lawful and valid, if the actions would have been lawful and valid had the terminal charges been collected and any penalties assessed in accordance with regulations made under section 27(d) of the Civil Aviation Authority Act (1997 Revision). (2) Notwithstanding any law to the contrary, actions of the Cayman Islands Airports Authority in the collecting of terminal charges and the assessment of penalties for non-payment of terminal charges during the period commencing on 17th August, 2004 and ending on the commencement of this Act are — (a) validated; and (b) taken to have been lawful and valid, if the actions would have been lawful and valid had the terminal charges been collected and the penalties assessed in accordance with regulations made under section 41(1)(k) of the Airports Authority Act, 2004 or the Airports Authority Act (2005 Revision). c Act 11 of 2023 Page 7 Section 5 Terminal Charges (Validation) Act, 2023 (3) For the purposes of subsections (1) and (2), an action of the Director of Civil Aviation or the Cayman Islands Airports Authority is not taken to have been lawful or valid if the action was done in bad faith. Passed by the Parliament the 20th day of September, 2023. Hon. Katherine Ebanks-Wilks Speaker Zena Merren-Chin Clerk of the Parliament Page 8 Act 11 of 2023 c