Schedule 1Older Persons Act, 2017
The Council of Older Persons
(Section 3)
1Composition of Council
(1)The Council shall consist of the following members, each of whom shall be appointed by the Cabinet —
(a)members who are older persons of varying ages and representative of each district in the Cayman Islands;
(b)not less than two members who are from the private sector or who are affiliated with a non-Governmental advocacy or service organisation that works for the rights of older persons,
(i)one of whom should be a doctor specialising in Geriatrics or familiar with medical issues relevant to older persons; and
(ii)one of whom should be an attorney-at-law qualified to practise in the Cayman Islands and experienced in advising on legal issues relevant to older persons in the Cayman Islands;
(c)not less than five ex-officio members who are public servants, comprised of the following —
(i)one representative, preferably a social worker, with a minimum experience of five years in managing socioeconomic aspects of older persons in the Cayman Islands;
(ii)one representative from the Ministry responsible for Community Affairs;
(iii)one representative from the Ministry responsible for Health; and
(iv)one representative from the Ministry responsible for each or all of the following: education, employment and gender affairs; and
(d)one Executive Secretary.
(2)The Cabinet may appoint a designate for each of the members and when necessary that designate shall attend meetings on behalf of the member for whom that designate is appointed.
2Tenure of office
(1)The members of the Council shall hold and vacate office in accordance with the provisions of this Schedule and the terms of their appointment.
(2)Each member of the Council shall be appointed by Cabinet for a term of not less than four years and shall be eligible for re-appointment for one further four-year term and the Cabinet shall cause notice of such appointment or reappointment to be published in the Gazette.
3Resignation
(1)A member of the Council may resign office by instrument in writing addressed to the Chairperson via the Executive Secretary and Cabinet shall be informed of the resignation.
(2)A resignation shall take effect as from the date of the receipt of the instrument by the Cabinet Secretary.
(3)Where any member of the Council resigns, the Cabinet in accordance with this Law, may appoint another person to hold that office until the time that the member's office would have expired.
4Revocation of appointments
(1)The Cabinet may revoke a person's appointment as a member of the Council, if —
(a)the member has been seriously incapacitated by reason of physical or mental illness;
(b)the member has been absent from three consecutive meetings of the Council without the consent of the Chairperson of the Council;
(c)the member is otherwise unable or unfit to discharge the duties of a member of the Council;
(d)the member is unsuitable to continue as a member of the Council; or
(e)a conflict of interest arises in which that member's membership would bring the Council into disrepute.
(2)Where any member of the Council ceases to be a member before the normal expiration of the member's office, the Cabinet, in accordance with this Law, may appoint another person to hold that office until the time that the member's office would have expired.
5Procedure and meetings
(1)The Council shall meet a minimum of twelve times per year, but may meet as often as necessary and practical and the Council may decide its own procedures, except so far as its procedures are prescribed by this Law.
(2)Members of the Council who are appointed under paragraph 1(1)(a) or (b) shall each have one vote; and decisions of the Council shall be adopted by a simple majority of the votes of the members present and voting except that in the case of an equality of votes the Chairperson shall, in addition to his regular vote, have a casting vote.
(3)At every meeting of the Council, a quorum shall consist of a simple majority of eight members.
(4)The Council may act notwithstanding that a vacancy exists among the members and in the absence of the Chairperson or Deputy Chairperson, the members present shall elect one of their members to preside as Chairperson at that meeting.
(5)The deliberations of the Council shall be confidential but the Council shall cause any decision which affects the members of the public to be published in the Gazette, on a website or in a newspaper of the Islands.
(6)If a member of the Council has any personal or pecuniary interest, direct or indirect, in any matter which is to be determined by the Council, the member shall, if present at the meeting of the Council at which such matter is to be determined, as soon as practicable after the commencement thereof, disclose the fact and leave the meeting, and shall not take part in the consideration or discussion of such matter or vote on any question with respect thereto.