Section 49Part 3 — The Executive
Appointment of the Premier and other Ministers
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The Premier shall be appointed by the Governor as follows.
Where a political party gains a majority of the seats of elected members of the Legislative Assembly, the Governor shall appoint as Premier the elected member of the Assembly recommended by a majority of the elected members who are members of that party.
If no political party gains such a majority or if no recommendation is made under subsection (2), the Speaker shall cause a ballot to be held among the elected members of the Legislative Assembly to determine which elected member commands the support of the majority of such members, and shall record the vote of each member voting; and, where such a ballot is held, the Governor shall appoint as Premier the elected member who obtains a majority of the votes of the elected members.
Notwithstanding subsections (2) and (3), the Governor shall not appoint as Premier a person who has held office as Premier during two consecutive parliamentary terms unless at least one parliamentary term has expired since he or she last held that office; and for the purposes of this subsection a parliamentary term shall be deemed to be a period commencing when the Legislative Assembly first meets after being constituted under this Constitution or after its dissolution at any time, and terminating when the Assembly is next dissolved.
After his or her appointment, the Premier shall advise the Governor to appoint the other Ministers.
Appointments of the Premier and the other Ministers shall be made by the Governor by instrument under the public seal.
If occasion arises for making an appointment of any Minister between a dissolution of the Legislative Assembly and the polling in the next following general election, a person who was an elected member of the Assembly immediately before the dissolution may be appointed as a Minister.
The Governor shall without delay report to Her Majesty through a Secretary of State every appointment made under this section.
The members of the Cabinet shall each, before assuming the functions of his or her office, make before the Governor oaths of allegiance and for the due execution of his or her office in the forms set out in the Schedule to this Constitution.
The Governor and the Premier shall confer on a regular basis and the Premier shall brief and keep the Governor fully informed about the policies of the Government and the public affairs of the Cayman Islands.