STANDARDS IN PUBLIC LIFE ACT (2021 Revision)

CAYMAN ISLANDS STANDARDS IN PUBLIC LIFE ACT (2021 Revision) Supplement No. 9 published with Legislation Gazette No.16 dated 19th February, 2021 PUBLISHING DETAILS Law 3 of 2014 consolidated with Laws 10 of 2016, 35 of 2020 and 56 of 2020 as amended by the Cayman Islands Constitution (Amendment) Order 2020 (UKSI 2020 No. 1283). Revised under the authority of the Law Revision Act (2020 Revision). Originally enacted — Law 3 of 2014-31st January, 2014 Law 10 of 2016-6th May, 2016 Law 35 of 2020-4th September, 2020 Law 56 of 2020-7th December, 2020. Originally made — U.K. Order 2020-11th November, 2020. Consolidated this 31st day of December, 2020. Page 2 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Arrangement of Sections CAYMAN ISLANDS STANDARDS IN PUBLIC LIFE ACT (2021 Revision) Arrangement of Sections Section Page PART 1 - PRELIMINARY 1. Short title and commencement ..................................................................................................... 5 2. Interpretation ................................................................................................................................ 5 3. Application .................................................................................................................................... 7 PART 2 – CONSTITUTION, POWERS AND FUNCTIONS OF COMMISSION FOR STANDARDS IN PUBLIC LIFE 4. Commission for Standards in Public Life ...................................................................................... 8 5. Functions of Commission ............................................................................................................. 9 6. Gazettal of appointments and vacation of office......................................................................... 10 7. Remuneration and staff .............................................................................................................. 10 8. Reports and media releases ....................................................................................................... 10 PART 3 - STANDARDS IN PUBLIC LIFE 9. Principles and Codes of Conduct ............................................................................................... 10 10. Conflict of interest: person in public life ...................................................................................... 11 PART 4 - REGISTER OF INTERESTS 11. Duty to furnish declarations ........................................................................................................ 11 12. Contents of declarations ............................................................................................................. 13 13. Maintenance of the Register of Interests .................................................................................... 14 14. Inspection of Register ................................................................................................................. 14 c Revised as at 31st December, 2020 Page 3 Arrangement of Sections Standards in Public Life Act (2021 Revision) 15. Retention of records ................................................................................................................... 14 16. Offences relating to declarations ............................................................................................... 14 17. Allegations of breach ................................................................................................................. 15 PART 5 - POWER OF INVESTIGATION 18. Power of Commission to investigate .......................................................................................... 15 19. Investigating officers .................................................................................................................. 15 20. Powers of investigation .............................................................................................................. 15 21. Right to be heard ....................................................................................................................... 17 22. Matters to be referred to the police ............................................................................................ 17 23. Whistleblowers ........................................................................................................................... 17 24. Protection of information ............................................................................................................ 18 25. Commission to act in public interest .......................................................................................... 18 PART 6 - APPOINTMENT, RESPONSIBILITIES AND COMPENSATION OF BOARDS OF GOVERNMENT COMPANIES, STATUTORY BOARDS AND AUTHORITIES AND PUBLIC AUTHORITIES 26. Appointment of board members ................................................................................................. 18 27. Terms of appointment ................................................................................................................ 19 28. Appointment to fill board vacancy .............................................................................................. 20 29. Conflicts of interest; board members ......................................................................................... 20 30. Remuneration of board members .............................................................................................. 20 31. No board remuneration for civil servants ................................................................................... 20 PART 7 - MEMBERS OF THE CAYMAN ISLANDS PARLIAMENT 32. Preservation of immunities, powers and privileges of Parliament .............................................. 21 33. Contempt of Parliament ............................................................................................................. 21 PART 8 - MISCELLANEOUS PROVISIONS 34. Exemption for liability ................................................................................................................. 21 35. Regulations ................................................................................................................................ 21 36. Repeal and transitional provisions ............................................................................................. 21 SCHEDULE 1 23 PERSONS IN PUBLIC LIFE 23 SCHEDULE 2 24 PRINCIPLES TO BE ADHERED TO 24 ENDNOTES 25 Table of Legislation history: ................................................................................................................. 25 Table of Endnotes references:............................................................................................................. 25 Page 4 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 1 CAYMAN ISLANDS STANDARDS IN PUBLIC LIFE ACT (2021 Revision) PART 1 - PRELIMINARY 1. Short title and commencement 1. This Act may be cited as the Standards in Public Life Act (2021 Revision). 2. Interpretation 2. In this Act — “assets” means — (a) property, including money, beneficially held, whether in or outside the Islands; and (b) rights and benefits, whether deriving from or outside the Islands, enjoyed on a continuing basis; “board member”, where used in relation to a public authority, includes a member of a body that is created by statute whether or not that body is conferred corporate status; “Caymanian” has the meaning assigned to that word in the Immigration (Transition) Act (2021 Revision); “Chairperson” means the Chairperson of the Commission, referred to in section 4; “civil servant” means a person employed by the Government, including an Official Member, who is a public officer for purposes of the Constitution and, c Revised as at 31st December, 2020 Page 5 Section 2 Standards in Public Life Act (2021 Revision) for the avoidance of doubt, does not include a Member of the Cayman Islands Parliament; “civil service entity” means — (a) a ministry, a portfolio, department, section or unit; or (b) the Office of the Auditor General, the Cabinet Office, the Office of the Director of Public Prosecutions, the Judicial Administration, the Office of the Complaints Commissioner or the Office of the Information Commissioner; “Commission” means the Commission for Standards in Public Life referred to in section 117 of the Cayman Islands Constitution Order 2009 [UK SI No. 1379 of 2009]; “conflict of interest” means a situation where a person has a private interest which may improperly influence or be seen to improperly influence that person’s public duties and responsibilities, or that of a connected person, in circumstances suggesting that the person concerned knew or ought reasonably to have known of the connection or possible connection, direct or indirect, between that person’s duties and responsibilities and that person’s private interest; “connected person” means a member of the immediate family of, or a person who acts on behalf of, or for the benefit of, the declarant, with the declarant’s actual or implied authority, and includes — (a) a person who is a nominee of that person; (b) a person who manages the affairs of that person; (c) a firm of which that person, or a nominee of that person, is a partner or a person in charge or in control of its business or affairs; (d) a company within the meaning of section 2 of the Companies Act (2021 Revision) of which that person, or a nominee of that person, is a director or is in charge or in control of its business or affairs, or in which that person, alone or together with a nominee of that person, has or have a controlling interest, or shares to the total value of not less than thirty per cent of the total issued capital of the corporation; or (e) the trustee of any trust, where — (i) the trust has been created by that person; or (ii) the total value of the assets contributed by that person to the trust at any time, whether before or after the creation of the trust, at any time, amounts to not less than twenty per cent of the total value of the assets of the trust;1 “Constitution” means Schedule 2 of the Cayman Islands Constitution Order 2009 [UK SI No. 1379 of 2009]; Page 6 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 3 “emolument” means salary, wage, fee, stipend or allowance; “government company” means a company in which the Government has a controlling interest and all subsidiary entities of such company; “immediate family” means a spouse, a civil partner, a dependant or such other person as may be prescribed by Cabinet by regulations;2 “income” means — (a) money received or receivable as salary, director’s fees, consultancy fees, commission, bonus, dividend, professional fee, rental income, gift or reward in kind or cash; and (b) any other receipts or transfers of material value; “investigating officer” means an investigating officer appointed under section 19; “liability” includes an obligation to pay or transfer money or the equivalent material value to another person to a place in or outside of the Islands; “member” means a member of the Commission; “Official Member” means the Deputy Governor or the Attorney General; “person in public life” means a person referred to in Schedule 1; “public authority” means — (a) a civil service entity; (b) a statutory body or authority, whether incorporated or not; (c) a government company; or (d) any body or person exercising public functions; “public function” includes anything done in exercise or purported exercise of a function conferred upon a person in public life; “public office” has the same meaning as in section 124 of the Constitution; “public officer”‘ means the holder of any public office, and includes a person appointed to act in any public office; “public servant” means a person employed by a civil service entity or an employee of a statutory authority or government company; and “statutory authority” means an entity established by a law to carry out functions which are capable, under that law, of being funded, partly or entirely, by money provided by the Government, and for which the Governor, the Cabinet or the Government has the power to appoint or dismiss the majority of the board or other governing body. 3. Application 3. (1) This Act applies to all persons in public life listed in Schedule 1. c Revised as at 31st December, 2020 Page 7 Section 4 Standards in Public Life Act (2021 Revision) (2) Without limiting the obligations of public servants in general, it is declared that the persons listed in Schedule 1 shall comply with the principles set out in Schedule 2. (3) Cabinet may by Order amend Schedules 1 and Schedule 2. PART 2 – CONSTITUTION, POWERS AND FUNCTIONS OF COMMISSION FOR STANDARDS IN PUBLIC LIFE 4. Commission for Standards in Public Life 4. (1) As prescribed in the Constitution, the Governor shall, after consulting the Premier and the Leader of the Opposition, appoint, from among persons of high integrity and with experience in the public or private sector, the Commission for Standards in Public Life comprising — (a) a Chairperson; (b) a chartered or certified accountant with at least ten years’ experience; (c) a legal practitioner who has practised in the Commonwealth for at least ten years; and (d) not more than two other members. (2) A person shall not be appointed as a member if — (a) the person is a member of the Cayman Islands Parliament; (b) the person holds, or has at any time during the preceding three years held, a public office; (c) the person has, at any time during the preceding five years, held office in a political party; or (d) that person is not a Caymanian. (3) The office of a member shall become vacant — (a) at the expiration of four years from the date of that person’s appointment; (b) if the member is absent from three consecutive meetings of the Commission, unless the absence is approved by the Governor; (c) if the member resigns that member’s office by writing under that member’s hand addressed to the Governor; (d) if the member is removed from office by the Governor for inability to discharge the functions of that member’s office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour; or (e) if the member with that member’s consent is nominated for election to the Cayman Islands Parliament or is appointed to any public office. Page 8 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 5 (4) If the office of a member is vacant or a member is for any reason unable to perform the functions of that member’s office, the Governor, acting in accordance with subsection (2) as that person would for an original appointment, may appoint a person who is qualified for appointment as a member to act as a member, and a person so appointed shall continue so to act until the expiration of that member’s term of office. 5. Functions of Commission 5. (1) The functions of the Commission, as prescribed in the Constitution, are — (a) to assist in the setting of the highest standards of integrity and competence in public life in order to ensure the prevention of corruption or conflicts of interest; (b) to monitor standards of ethical conduct in the Cayman Islands Parliament, the Cabinet, and on the part of public authorities and public officers; (c) to supervise the operation of the Register of Interests and to investigate breaches of established standards; (d) to review and establish procedures for awarding public contracts; (e) to review and establish procedures for appointing members to public authorities, and the terms of their appointment; (f) to recommend codes of conduct to prevent any Minister, public authority or public officer employing their power for any personal benefit or advantage, and to recommend legislation to provide appropriate sanctions; (g) to report to the Cayman Islands Parliament at regular intervals, and at least every six months; and (h) to exercise such other functions as may be prescribed by this or any other Law enacted by the Legislature. (2) In the exercise of its powers and performance of its functions under this Act and the Constitution, the Commission — (a) shall not be subject to the direction or control of any other person or authority; (b) may in cases where it considers it appropriate to do so, make use of any external advisors; (c) shall have the same powers as those of the Grand Court to summon witnesses, require the production of reports, documents, other relevant information; and (d) may do all such things as are necessary or expedient for the purpose of carrying out its functions. (3) A report, statement, communication or document which the Commission makes in exercise of its functions or which a member makes in the performance of that c Revised as at 31st December, 2020 Page 9 Section 6 Standards in Public Life Act (2021 Revision) member’s duties shall not be used in legal proceedings if the Governor certifies in writing that such production is not in the public interest. 6. Gazettal of appointments and vacation of office 6. The appointment of members of the Commission and the termination of their appointments whether by death, resignation or otherwise shall be notified in the Gazette. 7. Remuneration and staff 7. (1) The allowances of members of the Commission shall be determined by the Governor. (2) The Government shall provide the Commission with adequate staff for the prompt and efficient discharge of its functions under this Act. (3) Expenses incurred by the Commission, members and the staff for the purposes of this Act shall be paid out of the revenues of the Islands. 8. Reports and media releases 8. (1) Reports to the Cayman Islands Parliament referred to in section 5(1)(g) shall be submitted electronically and in hard copy to the Speaker for corresponding dissemination to all Members of the Cayman Islands Parliament within a reasonable time and, within seventy-two hours of electronic conveyance to the Speaker, shall be deemed to be in the public domain. (2) The Commission may in its own discretion issue such reports and releases to the public as it sees fit and any such reports and releases shall be sent by the Commission electronically to the Speaker for corresponding dissemination to all Members of the Cayman Islands Parliament not less than forty-eight hours before such issuance to the public, unless it is not reasonably practicable to comply with the forty-eight hour period, in which case that period may be abridged by the Commission. PART 3 - STANDARDS IN PUBLIC LIFE 9. Principles and Codes of Conduct 9. (1) Persons in public life shall observe — (a) the standards set out in Schedule 2; and (b) Codes of Conduct developed under subsection (3). (2) A person in public life who breaches anything referred to or issued under subsection (3) shall be liable to such disciplinary measures as are applicable to that person under the relevant law or employment contract. (3) Chief Officers, observing — Page 10 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 10 (a) the standards referred to in subsection (1)(a); (b) the Public Service Values and the Public Servant’s Code of Conduct contained respectively in sections 4 and 5 of the Public Service Management Act (2018 Revision); and (c) any instructions the Deputy Governor may issue, may develop Codes of Conduct with a view to regulating the conduct of public officers. 10. Conflict of interest: person in public life 10. (1) Where a person in public life has a possible or perceived conflict of interest with respect to any matter that comes up for discussion, that person shall disclose that person’s interest and — (a) shall, as soon as the matter comes up on the agenda, immediately leave the place in which the deliberations are taking place and shall not participate, directly or indirectly, in the deliberations touching such matter and shall not return while the matter is under discussion until a decision has been taken by the body concerned; and (b) shall otherwise comply with such regulations as Cabinet may make with regard to conflict of interest. (2) A declaration of interest made under this section and the absence of the member concerned shall be recorded in the minutes of the meeting. (3) Where conflict of interest arises in a matter where the person in public life has power to take a decision on that person’s own, that person shall recuse themselves at the earliest opportunity and shall not express any opinion on the matter. PART 4 - REGISTER OF INTERESTS 11. Duty to furnish declarations3 11. (1) A person in public life — (a) shall, within ninety days of assuming the functions of that person’s office, or, in the case of a candidate for election to the Cayman Islands Parliament, before filing that person’s nomination papers, make a declaration to the Commission of that person’s interests, income, assets and liabilities as specified in section 12(1) in respect of the previous year in such form as may be prescribed by regulations; and (b) thereafter no later than thirty days after 30 June in each succeeding year that that person is a person in public life, that person shall file further c Revised as at 31st December, 2020 Page 11 Section 11 Standards in Public Life Act (2021 Revision) declarations of that person’s interests, income, assets and liabilities as specified in section 12(1) for that year ending 30 June. (2) Notwithstanding subsection (1), the Commission may, in any particular case where a request is made before the date on which the filing is required has passed, for good cause, extend the time for the furnishing of a declaration for a specified period but not exceeding sixty days. (3) Where any change occurs in relation to the matters which a person in public life has previously declared, that person shall, within thirty days of the change occurring make a new declaration or an amendment to the declaration. (4) Where a person fails to file a declaration or amendment to a declaration in accordance with this section the Commission shall — (a) in the case of the Speaker, inform the Governor; (b) in the case of the elected members of the Cayman Islands Parliament, inform the Speaker of the Cayman Islands Parliament; (c) in the case of Official Members, the Auditor General, the Complaints Commissioner, the Commissioner of Police, the Deputy Commissioner of Police, the Information Commissioner, the Director of Public Prosecutions, the Cabinet Secretary, the Financial Secretary or the Assistant Commissioner of Police, inform the Governor; (d) in the case of a Chief Officer of a ministry or portfolio, inform the Deputy Governor; (e) in the case of a head of a department, unit or section, inform the Chief Officer; (f) in the case of any other staff of a civil service entity, inform the head of department, unit or section and the Chief Officer; (g) in the case of a public servant employed by a statutory authority, body or government company, inform the chief executive officer of that entity; and (h) in the case of — (i) a chief executive of a statutory authority or statutory body or government company; and (ii) a board member of a statutory authority, public authority, commission or government company; inform the Governor, Minister or Official Member responsible for that entity. (5) If the information required in subsection (1) or (2) is not received within one month, a person in public life may be liable to a penalty not exceeding one hundred dollars for each day in default and, if not paid, shall be recovered, as a civil debt, in a court of law by the Attorney General on behalf of the Government of the Islands. Page 12 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 12 12. Contents of declarations 12. (1) In making a declaration required under section 11(1), a person in public life shall, subject to subsection (5), include in relation to themselves and any member of the person’s immediate family,4 details relating to — (a) shareholdings and directorships held in any company or other corporate body; (b) any contract made with any public entity; (c) any company, partnership or association in which money is invested; (d) any trust; (e) any land, whether beneficial or otherwise; (f) any investment fund in which an interest is held; (g) Repealed by section 4(a)(ii) of the Standards in Public Life (Amendment) Act, 2016 [Law 10 of 2016];5 (h) sources of income other than a salary or money from other perquisites of office; (i) other substantial interest whether of a pecuniary nature or not, which raise or may appear to raise a material conflict of interest; (j) any loan, secured or non-secured, other than from any institution regulated under “regulatory laws” as defined by section 2 of the Monetary Authority Act (2020 Revision); and (k) such other details as Cabinet may prescribe in regulations. (2) Subject to subsection (5), where — (a) a person in public life holds property or manages anything on behalf of any connected person, the person in public life shall so state in the declaration but shall not be required to disclose the terms on which the property is held; or (b) a connected person holds property or manages anything on behalf of a person in public life, the person in public life shall so state in the declaration but shall not be required to disclose the terms on which the property is held.6 (3) For the purposes of subsection (1), Cabinet may by regulation prescribe forms. (4) Nothing in section 11 or this section shall be taken to require disclosure of the actual amount or extent of any financial benefit, contribution or interests. (5) A person referred to — (a) in section 11(4)(h)(ii), that is to say, a board member of a statutory authority, public authority, commission or government company; or (b) in paragraphs 6, 7 or 8 of Schedule 1, that is to say, members of governing bodies of statutory authorities, members of governing bodies of c Revised as at 31st December, 2020 Page 13 Section 13 Standards in Public Life Act (2021 Revision) government companies, and members of Commissions created by or under the Constitution, shall not be required to include in a declaration any interest, income, assets and liabilities referred to in section 11(1) or any details referred to in subsections (1) or (2) of this section, unless there is a possible or perceived conflict with the person’s functions on the entity to which the person is appointed arising out of such interest, income, assets or liabilities.7 (6) To avoid doubt, any question regarding compliance with subsection (5) shall be determined by the Commission. 13. Maintenance of the Register of Interests 13. (1) The Commission shall maintain the Register of Interests referred to in section 121(1) of the Cayman Islands Constitution Order 2009 [UK SI No. 1379 of 2009], in which all matters that are required to be registered under the Constitution and this Act shall be entered. (2) The Commission shall enter into the Register of Interests the details of every declaration of interest made in accordance with the Constitution and this Act. 14. Inspection of Register 14. The Commission shall, at the request of any member of the public, permit the inspection of the Register during normal working hours.8 15. Retention of records 15. The Commission shall keep every declaration for a period of at least five years. 16. Offences relating to declarations 16. (1) A person in public life who — (a) fails, without reasonable cause, to furnish to the Commission a declaration, or further particulars which that person is required to furnish in accordance with the provisions of this Act; (b) knowingly makes a declaration that is false; (c) fails, without reasonable cause, to give such information or explanation as the Commission or a tribunal established under a Law or regulations may require; or (d) fails, without reasonable cause to attend an enquiry being conducted or knowingly gives false information in such enquiry, having been required to attend or give evidence pursuant to an order given under the relevant Law or regulations establishing the tribunal, 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 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 17 (2) No prosecution of an offence under this Act may be instituted without the written consent of the Director of Public Prosecutions. 17. Allegations of breach 17. (1) If any person wishes to allege that a person in public life is in breach of this Act, that person shall report the matter to the Commission in writing — (a) stating the facts in support of the allegation; and (b) providing — (i) documentary evidence, where available; (ii) any other evidence; and (iii) such other particulars as may be prescribed by regulations made by Cabinet. (2) A person who knowingly makes a false or misleading statement to the Commission commits an offence and is liable on summary conviction to a fine of twenty-five thousand dollars or imprisonment for two years, or to both. PART 5 - POWER OF INVESTIGATION 18. Power of Commission to investigate 18. Where the Commission reasonably suspects that a person in public life has committed a breach of this Act it — (a) may, on its own initiative; or (b) shall, upon the complaint of any member of the public, conduct an investigation. 19. Investigating officers 19. In carrying out its function under this Act, the Commission may appoint an investigating officer to conduct an enquiry into any alleged or suspected breaches of standards under this Act and wherever in this Act a provision is expressed as allowing the Commission to do anything, that provision shall be construed as allowing an investigating officer to do it. 20. Powers of investigation 20. (1) The Commission may — (a) require that the person in public life and any other connected person produce, within a specified time, all books, records, accounts, reports, data, stored electronically or otherwise, or any other documents relating to the functions of any public or private body; c Revised as at 31st December, 2020 Page 15 Section 20 Standards in Public Life Act (2021 Revision) (b) require that the person in public life and any other person connected with him, within a specified time, provide any information or answer any question which the Commission considers necessary in connection with any enquiry or investigation which the Commission is empowered to conduct under this Act; (c) require that the person in public life or that person’s duly appointed agent attend at the offices of the Commission in order to verify that person’s declaration; (d) require that any facts, matters or documents relating to the allegations or breach, be verified or otherwise ascertained by oral examination of the person making the complaint; and (e) cause any witness to be summoned and examined upon oath. (2) Where, in the course of any enquiry the Commission is satisfied that there is a need to further expedite its investigations, it may exercise the following powers — (a) require any person to furnish a statement in writing — (i) enumerating all movable or immovable property belonging to or possessed by that person in the Islands or elsewhere, or held in trust for him, and specifying the date on which each such property was acquired and the consideration paid therefor, and explaining whether it was acquired by way of purchase, gift, inheritance or other stated means; and (ii) specifying any monies or other property acquired in the Islands or elsewhere or sent out of the Islands by that person or on that person’s behalf during a specified period; (b) require any person to furnish, notwithstanding the provisions of any other Law to the contrary, all information in that person’s possession relating to the affairs of a person in public life who is being investigated under this Act and to produce or furnish any document or true copy of any document relating to the person under investigation and which is in the possession or under the control of the person required to furnish the information; and (c) require the manager of any bank or financial institution, in addition to furnishing information specified in subsection (2)(b), to furnish any information or certified copies of the accounts or the statement of accounts at the bank or financial institution of any person being investigated, unless such information is subject to legal professional privilege. (3) Before the entry into force of this Act, Cabinet may cause to be compiled all provisions in Laws and regulations that restrict disclosure of information that is subject to disclosure under this section so as to ensure the Laws are amended or repealed in order to make this section effective. Page 16 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 21 (4) A person who fails or refuses to comply with a requirement made under subsection (1) or (2) or gives false or misleading information commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of two years, or to both. 21. Right to be heard 21. The Commission shall not conclude that a person in public life has contravened this Part until reasonable notice has been given to the person concerned and that person has been allowed full opportunity to make representations in person or by an attorney at law. 22. Matters to be referred to the police 22. (1) Where the Commission is satisfied, on the basis of an enquiry conducted under this Part that — (a) a breach of any of the provisions of this Part has been committed; or (b) an offence has been committed, it shall forthwith refer the matter to the Royal Cayman Islands Police Service and the Director of Public Prosecutions together with a certified copy of the declaration in question and a report of its findings. (2) In any case where the Commission determines that the subject matter of an enquiry under this Part is — (a) already under investigation by the police whether or not charges have been preferred; or (b) already the subject matter of proceedings in a court of law, the Commission shall hold its own enquiry in abeyance, pending final disposition of that investigation and those proceedings. (3) Where following proceedings under subsection (2) there is a conviction, the Commission shall close its inquiry but where there is an acquittal, the Commission may hold an inquiry for purposes of determining whether there was a breach of the principles set out in Schedule 2 and make a decision accordingly. 23. Whistleblowers 23. (1) No person may be subject to any legal, administrative or employment-related sanction, regardless of any breach of a legal or employment-related obligation, for releasing information on wrongdoing, or that which would disclose a serious threat to health, safety or the environment, as long as that person acted in good faith and in the reasonable belief that the information was substantially true and disclosed evidence of wrongdoing or a serious threat to health, safety or the environment. c Revised as at 31st December, 2020 Page 17 Section 24 Standards in Public Life Act (2021 Revision) (2) For the purposes of subsection (1), “wrongdoing” includes — (a) the commission of a criminal offence; (b) failure to comply with a legal obligation; (c) miscarriage of justice; or (d) corruption, dishonesty, or serious maladministration. 24. Protection of information 24. (1) The Commission shall not divulge to any person or authority information or any document disclosed to it under section 20 except — (a) where the Commission is satisfied that there are reasonable grounds for suspecting that an offence has been committed it shall report the matter to the Royal Cayman Islands Police Service and the Director of Public Prosecutions;9 (b) where a court has ordered the Commission to produce a particular declaration or record; or (c) to a commission appointed under the Commissions of Enquiry Act (1997 Revision). (2) The records of the Commission and any information revealed by a witness orally or by the production of documents shall not be disclosed except in circumstances authorised by or under this Act. 25. Commission to act in public interest 25. The Commission may, on its own initiative, consider any matter with respect to the duty or obligation of a person under this part of this Act, where in its opinion it is in the public interest to do so. PART 6 - APPOINTMENT, RESPONSIBILITIES AND COMPENSATION OF BOARDS OF GOVERNMENT COMPANIES, STATUTORY BOARDS AND AUTHORITIES AND PUBLIC AUTHORITIES 26. Appointment of board members 26. (1) Notwithstanding the provisions of any other Law, except the Laws within the scope of the special responsibilities of the Governor under section 55 of the Cayman Islands Constitution Order 2009 [UK SI No. 1379 of 2009],10 — (a) board members of a public authority shall be appointed by Cabinet; and (b) one of those board members shall be appointed to be the chairperson by Cabinet. Page 18 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 27 (2) Notwithstanding the provisions of any other Law, prior to appointing any person to be a board member, Cabinet shall satisfy itself that — (a) the person has the skills, knowledge and integrity to carry out the duties required in a highly competent and politically neutral manner; and (b) the person will have no financial or other interest likely to affect in any way the exercise of that person’s functions as a board member. (3) Cabinet may require a person it proposes to appoint to give it such information as it considers necessary to establish that no conflict of interest exists. (4) When appointing board members of a public authority, Cabinet shall ensure that, among them, the board members have adequate knowledge, experience and understanding of the following areas — (a) corporate governance; (b) strategic and financial management; and (c) the scope of business, outputs and operations of the public authority concerned. (4A) The Governor shall appoint the board members of a public authority that is within the scope of the special responsibilities of the Governor and, in furtherance of such appointment, carry out the duties assigned to the Cabinet in subsections (1)(b), (2), (3) and (4).11 (5) Repealed by section 7(c) of the Standards in Public Life (Amendment) Act, 2016 [Law 10 of 2016];12 27. Terms of appointment 27. (1) Board members shall hold and vacate office in accordance with the terms of their appointment, subject to subsections (2) to (4), and the provisions of any other Law. (2) A board member shall serve for such term as may be determined by Cabinet and may be reappointed for further terms as may be determined by Cabinet.13 (3) A board member may, at any time, by notice in writing addressed to the relevant minister or Official Member, resign that person’s office. (4) Notwithstanding subsection (2), Cabinet may terminate a person’s appointment as a board member if it is satisfied that — (a) that person is incapacitated by reason of physical or mental illness; (b) that person has been absent from three consecutive meetings without the consent of the Chairperson of the board; (c) that person is otherwise unable or unfit to discharge that person’s duties as a board member; (d) that person is unsuitable to continue as a board member; c Revised as at 31st December, 2020 Page 19 Section 28 Standards in Public Life Act (2021 Revision) (e) a conflict of interest has arisen in which the member’s appointment on the Board would bring disrepute to the Board; or (f) that person failed to follow any provision of this Act, regulations made under this Act, or a code of conduct referred to in section 117(9)(f) of the Constitution. 28. Appointment to fill board vacancy 28. Where a board member ceases to be a board member before the normal expiration of that person’s office, Cabinet may appoint another person with the same skills, knowledge and integrity to hold that office until the time that the board member’s term would have expired. 29. Conflicts of interest; board members 29. (1) Where there is a possible or perceived conflict of interest with respect to any matter that comes up for discussion, a person in public life shall disclose that person’s interest and — (a) shall, as soon as the matter comes up on the agenda, immediately leave the place in which the deliberations are taking place and shall not participate, directly or indirectly, in the deliberations touching such matter and shall not return while the matter is under discussion until a decision has been taken by the body concerned; and (b) shall otherwise comply with such regulations as Cabinet may make with regard to conflict of interest. (2) A declaration of interest made under this section and the absence of the member concerned shall be recorded in the minutes of the meeting. (3) Where conflict of interest arises in a matter where the person in public life has power to take a decision on that person’s own, that person shall recuse themselves at the earliest opportunity and shall not express any opinion on the matter. 30. Remuneration of board members 30. (1) Board members shall, at the discretion of Cabinet, be paid such remuneration, whether by salaries, fees or other benefits, and such reasonable allowances in respect of expenses properly incurred by them in the performance of their duties, as Cabinet shall from time to time determine. (2) Any remuneration or allowances paid to a board member shall be an expense of the public authority. 31. No board remuneration for civil servants 31. Notwithstanding section 30(1) a board member who is a civil servant shall not be entitled to receive remuneration. Page 20 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) Section 32 PART 7 - MEMBERS OF THE CAYMAN ISLANDS PARLIAMENT 32. Preservation of immunities, powers and privileges of Parliament 32. Nothing in this Act shall be applied in such a way as to abrogate the immunities, powers and privileges of the Cayman Islands Parliament or any member thereof. 33. Contempt of Parliament 33. Where a member contravenes this Act, such contravention may constitute contempt of the Cayman Islands Parliament for which the Parliament may order the Member’s suspension from sitting and voting in the Parliament for such period as the Parliament may determine.14 PART 8 - MISCELLANEOUS PROVISIONS 34. Exemption for liability 34. Neither the Commission nor any member shall be liable in damages for anything done or omitted in the discharge of their respective functions under this Act unless it is shown that the act or omission was in bad faith. 35. Regulations 35. Cabinet may make regulations for the better carrying out of the provisions of this Act. 36. Repeal and transitional provisions 36. (1) The Register of Interests Law, 1996 [Law 13 of 1996] is repealed but the repeal does not — (a) affect the previous operation of that Law or anything duly done or suffered under that Law; (b) affect any right, privilege, obligation or liability acquired, accrued or incurred under that Law; (c) affect any penalty, fine, forfeiture or punishment incurred in respect of any offence committed against that Law; or (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, fine, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, fine, forfeiture or punishment may be imposed as if this Act had not been passed. (2) Before the entry into force of this Act, the Registrar appointed under the repealed Register of Interests Law, 1996 [Law 13 of 1996] shall work with the Commission to transfer to the Commission all records that, at the c Revised as at 31st December, 2020 Page 21 Section 36 Standards in Public Life Act (2021 Revision) commencement of this Act, shall fall under the jurisdiction of the Commission and, upon receipt of all records, the Commission shall by letter inform all persons whose records have been so transferred. (3) The date of the letter referred to in subsection (2) shall be deemed to be the date on which persons whose records are transferred made a declaration under section 11(1) and where that date is less than six months from 30 June, the declarant shall be exempted in that particular year from the need to file a return on 30 June. (4) For the avoidance of doubt it is declared that section 11 shall apply except to the extent expressly varied by this section. Page 22 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) SCHEDULE 1 SCHEDULE 1 (section 3) PERSONS IN PUBLIC LIFE 1. Members of the Cayman Islands Parliament, including the Speaker. 2. Chief Officers and Deputy Chief Officers. 3. Chief Financial Officers and Deputy Chief Financial Officers. 4. Heads of departments, sections or units and their deputies, as well as any other organised entity within a ministry or portfolio, statutory authority, statutory body, government company, department, section or unit and their deputies. 5. Chief executives of statutory authorities, government companies and their deputies. 6. Members of governing bodies of statutory authorities. 7. Members of governing bodies of government companies. 8. Members of all Commissions created by or under the Constitution. 9. A person holding a full-time or part-time position in a public authority who engages in an activity that is in conflict, is likely to conflict, or may be perceived to conflict with, that person’s position in a public authority. 10. Any other person specified by regulations made by Cabinet. c Revised as at 31st December, 2020 Page 23 SCHEDULE 2 Standards in Public Life Act (2021 Revision) SCHEDULE 2 (section 9) PRINCIPLES TO BE ADHERED TO (1) Selflessness: Persons in public life shall act solely in terms of the public interest. They shall not do so in order to gain financial or other consideration for themselves, their family or their friends. (2) Integrity: Persons in public life shall not place themselves under any financial or other obligation to individuals or organisations outside the relevant civil service entity that might seek to influence them in the performance of their official duties. (3) Objectivity: In carrying out public business, including making public appointments, awarding contracts or recommending individuals for rewards and benefits, persons in public life shall make choices on merit. (4) Accountability: Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office. (5) Openness: Persons in public life shall be as open as possible about all the decisions and actions that they take. They shall, as required by section 19 of the Cayman Islands Constitution Order 2009 [UK SI No. 1379 of 2009], give reasons for their decisions and restrict or withhold information only when the wider public interest clearly demands or where an Act allows for the withholding of information. (6) Honesty: Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts of interest arising in a way that protects the public interest. (7) Leadership: Persons in public life shall promote and support these principles by leadership and example. Publication in consolidated and revised form authorised by the Cabinet this 5th day of January, 2021.

Kim Bullings Clerk of Cabinet Page 24 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law # Legislation Commencement Gazette 56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1 35/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64/2020/s1 18/2020 Standards in Public Life (Amendment) Law, 2016 27-Feb-2020 LG13/2020/s2 (Commencement) Order, 2020 7/2020 Standards in Public Life Law, 2014 (Commencement) Order, 27-Feb-2020 LG13/2020/s1 2020 10/2016 Standards in Public Life (Amendment) Law, 2016 1-Mar-2020 G13/2016/s10 3/2014 Standards in Public Life Law, 2014 1-Mar-2020 G5/2014/s3 Table of Endnotes references: 1 S.2 amended by s.2 of Law 10 of 2016 2 S.2 inserted by s.2 of Law 10 of 2016 3 S.11 inserted by s.2 of Law 10 of 2016 4 S.12(1) inserted by s.4(a)(i) of Law 10 of 2016 5 S.12(1) repealed by s.4(a)(ii) of Law 10 of 2016 6 S.12(2) substituted by s.4(b) of Law 10 of 2016 7 S.12(5) amended by s.4(c) of Law 10 of 2016 8 S.14 substituted by s.5 of Law 10 of 2016 9 S.24(1)(a) amended by s.6 of Law 10 of 2016 10 S.26(1) amended by s.7(a) of Law 10 of 2016 11 S.26(4A) amended by s.7(b) of Law 10 of 2016 12 S.26(5) repealed by s.7(c) of Law 10 of 2016 13 S.27(2) substituted by s.8 of Law 10 of 2016 14 S.33 substituted by s.9 of Law 10 of 2016 c Revised as at 31st December, 2020 Page 25 ENDNOTES Standards in Public Life Act (2021 Revision) Page 26 Revised as at 31st December, 2020 c Standards in Public Life Act (2021 Revision) ENDNOTES c Revised as at 31st December, 2020 Page 27 ENDNOTES Standards in Public Life Act (2021 Revision) (Price: $5.60) Page 28 Revised as at 31st December, 2020 c