s.10Restrictions on dispositions
10
Section 10Part 0 —

Restrictions on dispositions

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A disposition by the Governor under section 6, or by the Governor in Cabinet under section 9, is void unless, prior to the completion of such disposition —
full details of the land of which it is proposed to dispose, and of the terms of the proposed disposition, have been advertised in a newspaper circulating in the Islands and in the Gazette;
a report, accompanied by the documents specified in subsection (2), and recommending the proposed disposition has been laid on the Table of the Legislative Assembly for twenty-one days by the Minister responsible for lands; and
a motion to reject the report has not been made within the period that the report is on the Table of the Legislative Assembly; or if such a motion has been validly made, it has been voted on and negatived by the Legislative Assembly.
The report laid on the Table of the Legislative Assembly under subsection (1) shall be accompanied by —
a report by the proper officer in the ministry responsible for lands containing all the details and terms of the proposed disposition and the reasons for proposing it;
a copy of the report of the survey required by paragraph 12(1) of the Cayman Islands Royal Instructions, 1972;
a valuation by the Government’s valuer of the land of which it is proposed to dispose;
valuations by two independent licensed valuers of the land of which it is proposed to dispose;
a copy of the resolution of Cabinet approving the terms of the proposed disposition; and
a copy of the advertisement of the proposed disposition published under subsection (l)(a).
Where, pursuant to section 9, the Governor in Cabinet proposes to sell, convey, grant or devise any lands, tenements or hereditaments —
to a statutory authority or government company; or
to any legal entity, in the public interest and for the purpose of agriculture, education, health, housing or any other similar purpose,
In this section — “disposition” means a conveyance or transfer of a freehold, a grant of a lease for a term which exceeds five years, an assignment of a lease which, at the date of such assignment, has a term of more than five years unexpired, or an assignment of a lease which contains an option for renewal for periods which, when added to the original term, could exceed five years. “government company” means a company in which the Government has a controlling interest and, in respect of each such company, includes all subsidiary entities of the 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 Governor in Cabinet, and for which the Governor or the Governor in Cabinet has the power to appoint or dismiss the majority of the Board or other governing body.

Defined Terms

dispositiongovernment companystatutory authority

Cross References