Statutory Instruments
2009 No. 3206
Judicial Committee
The Cayman Islands (Appeals to Privy Council) (Amendment) Order 2009
Made
9th December 2009
Coming into force
1st January 2010
At the Court at Buckingham Palace, the 9th day of December 2009
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 1 of the Judicial Committee Act 1844( 1 ) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:
Citation, construction and commencement
1. —(1) This Order may be cited as the Cayman Islands (Appeals to Privy Council) (Amendment) Order 2009 and shall be construed as one with the Cayman Islands (Appeals to Privy Council) Order 1984( 2 ).
(2) This Order shall come into force on 1st January 2010.
Interpretation
2. In this Order—
“Court” means the Cayman Islands Court of Appeal established by section 99 of the Constitution set out in Schedule 2 to the Cayman Islands Constitution Order 2009 ( 3 );
“the 1984 Order” means the Cayman Islands (Appeals to Privy Council) Order 1984 .
Amendment of 1984 Order
3. The 1984 Order is amended in article 2 by substituting for the definition of “Court” the following—
“ “Court” means the Cayman Islands Court of Appeal established by section 99 of the Constitution set out in Schedule 2 to the Cayman Islands Constitution Order 2009; ” .
Transitional provisions
4. —(1) In respect of any judgment of the Cayman Islands Court of Appeal established by the Cayman Islands (Constitution) (Amendment) Order 1984( 4 ), or of the Court, given before the commencement of this Order, an appeal may be commenced, continued and concluded or continued and concluded, as the case may be, in accordance with the 1984 Order as amended by this Order as nearly as may be as if it were an appeal from a judgment of the Court given after the commencement of this Order.
(2) Any Order that Her Majesty in Council may see fit to make on any such appeal or any Order on an appeal from the Cayman Islands Court of Appeal established by the Cayman Islands (Constitution) (Amendment) Order 1984 or from the Court made by Her Majesty before the commencement of this Order, but not enforced before such commencement, may be enforced as if it were an Order made on an appeal from a judgment of the Court given after the commencement of this Order.
Judith Simpson
Clerk of the Privy Council