Regulations

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28. (1) The Cabinet may, after consultation with the Commandant, make regulations for the good governance and organization of the Coast Guard, for ensuring maritime safety and maritime security in the Islands and for giving effect to this Act and the matters required by this Act to be prescribed, including the following —

the numerical establishment of the Coast Guard and the conditions of service in respect of the various grades, ranks and appointments of the Coast Guard;

the constitution, governance, qualifications and command of the Coast Guard;

the recruitment, enlistment and re-enlistment of members of the Coast Guard;

the transfer of civil servants and public officers to the Coast Guard;

the granting of commissions and the categories of commissions which may be granted;

the duties to be performed by members of the Coast Guard and guidance in the performance or discharge of such duties;

salary, retirement benefits and allowances;

special pensions in the event of death or incapacity attributable to performance of duty; Cayman Islands Coast Guard Act, 2021 Section 28 c Act 2 of 2021 Page 27

funeral expenses of members of the Coast Guard, including criteria for eligibility for the payment, or defraying the cost, of those funeral expenses, out of public funds;

insurance coverage with respect to damage to, or loss of, property or with respect to personal injury where such damage, loss or injury is attributable to performance of duty;

medical privileges of members of the Coast Guard, and for spouses or civil partners of, and children of the family in relation to, members of the Coast Guard;

the description and issue of firearms, protective equipment, uniforms and any other articles to be supplied;

discipline and disciplinary procedure, including providing for deductions from, or forfeiture or stoppage of, pay;

the establishment of a disciplinary tribunal to hear and determine certain offences under this Act;

Coast Guard identification, including measurements, fingerprints, palm prints, photographs and the records thereof;

the ranks, powers and authority of members of the Coast Guard;

the discharge, retirement, resignation, release or promotion of members of the Coast Guard;

the retention and use of uniforms, including any decoration, badge, wound stripe or emblem, by retired officers of the Coast Guard;

the handing over of public property where a person ceases to be a member of the Coast Guard;

the governance, discipline and pay of the Coast Guard Reserve;

the discharge or termination of officers of the Coast Guard Reserve;

the calling out of the Coast Guard Reserve on temporary service and permanent service, and for training, including the manner in which notification of the places and times appointed for training is to be given;

requiring officers of the Coast Guard Reserve to report to their commanding officers;

the appointment, composition, procedures and responsibilities of the Coast Guard Legal Protection Fund Committee;

the control, administration, application and management of the Coast Guard Legal Protection Fund;

the creation of an administrative penalty system in respect of any offence under this Act or regulations made under this Act, including —

forms and procedures for imposing the administrative penalty; and Section 28 Cayman Islands Coast Guard Act, 2021 Page 28 Act 2 of 2021 c and such other matters that are necessary or convenient to give effect to the creation of the administrative penalty system; and (aa) any other matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

how the administrative penalty shall be paid and may be enforced,

Any power of the Cabinet to make regulations under this Act includes the power —

to make different provisions in relation to different cases or classes of case; and

to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential, transitional and saving provisions, as the Cabinet considers necessary.

The Cabinet may, after consultation with the Commandant, make regulations to ensure maritime safety and maritime security in the territorial sea of the Islands, including regulations to address criminal or anti-social behaviour within the territorial sea of the Islands.

Regulations made under this Act with respect to salaries, allowances, pensions or gratuities shall be subject to negative resolution of the Parliament and may be given retrospective effect.

Where regulations made under this Act provide that the contravention of a provision of the regulations constitutes a criminal offence, the regulations may —

prescribe penalties for any such offence which shall not exceed penalties imposed under this Act; and

provide for restitution in the case of damage or loss of any property caused by an offender in the commission of the offence.

Where regulations made under this Act provide that the contravention of a provision of the regulations constitutes a disciplinary offence, the regulations may prescribe a penalty of any one or a combination of not more than three of the following punishments —

caution;

reprimand;

surcharge in respect of any loss sustained;

fine not exceeding the equivalent of seven days’ pay;

reduction in rank; Cayman Islands Coast Guard Act, 2021 Section 29 c Act 2 of 2021 Page 29

forfeiture of increments due over a twelve-month period;

special probation for a period not exceeding twelve months;

requirement to resign as an alternative to discharge or termination; and

discharge or termination.

Cayman Islands Coast Guard Act

7 Parts