Functions of the governor

Back to Main Story:   Duncan Taylor 

31.—

  1.  The governor shall have such functions as are prescribed by this Constitution and any other law, and such other functions as Her Majesty may from time to time be pleased to assign to him or her in exercise of the Royal prerogative.
  2. The governor shall exercise his or her functions in accordance with this Constitution and any other law and, subject thereto, in accordance with such instructions (if any) as may be addressed to the governor by or on behalf of Her Majesty.
  3. In the exercise of his or her functions under subsection (2), the governor shall endeavour to promote good governance and to act in the best interests of the Cayman Islands so far as such interests are consistent with the interests of the United Kingdom.
  4. Notwithstanding the jurisdiction of the courts in respect of functions exercised by the governor, the question of whether or not the governor has in any matter complied with any instructions addressed to him or her by or on behalf of Her Majesty shall not be inquired into in any court.

Exercise of the governor’s functions

32.—

  1. Subject to subsection (2), the governor shall consult with the Cabinet in the exercise of all functions conferred on him or her by this Constitution or any other law, insofar as it is reasonably practicable to do so and unless the matter is not materially significant such as to require consultation.
  2. (2)     The governor shall not be obliged to consult with the Cabinet in the exercise of—
    (a) any function conferred by this Constitution which the governor is empowered to exercise in his or her discretion or judgement or in pursuance of instructions addressed to him or her by or on behalf of Her Majesty;
    (b) any function conferred by this Constitution or any other law which the governor is empowered or directed, either expressly or by necessary implication, to exercise without consulting the Cabinet or to exercise on the recommendation or advice of, or after consultation with, any person or authority other than the Cabinet; or
    (c) the special responsibilities of the governor set out in section 55, other than external affairs.
  3. The governor shall keep the Cabinet informed concerning the general conduct of all matters for which he or she is responsible, and of any matters that in his or her judgement may involve the economic or financial interests of the Cayman Islands or the enactment of laws under this Constitution.
  4. Where the governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority other than the Cabinet he or she shall not be obliged to exercise that function in accordance with the advice of that person or authority.
  5. Where the governor is by this Constitution or any other law directed to exercise any function in accordance with the recommendation or advice of, or after consultation with, any person or authority, the question of whether or not he or she has so exercised that function shall not be inquired into in any court.

The governor may act contrary to the advice of the Cabinet

 33.—

  1. Subject to subsection (2), in any case where the governor is required to consult with the Cabinet he or she shall act in accordance with the advice given to him or her by the Cabinet.
  2. The governor may act against the advice given to him or her by the Cabinet—
    (a)     if he or she is instructed to do so by Her Majesty through a Secretary of State; or
    (b)     if, in his or her judgement, such advice would adversely affect any of the special responsibilities of the governor set out in section 55.
  3. Whenever the governor acts otherwise than in accordance with the advice given to him or her by the Cabinet, his or her reasons shall be recorded in the minutes, and any member of the Cabinet may require that there be recorded in the minutes the grounds of any advice or opinion which he or she may have given on the question.