s.20Enforcement powers in respect of ships and aircraft
20
Section 20Part 0 —

Enforcement powers in respect of ships and aircraft

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The powers conferred on an enforcement officer by Schedule 4 are exercisable in relation to a ship or an aircraft to which section 18 or 19 applies for detecting and taking appropriate action in respect of the offences mentioned in those sections
The powers referred to in subsection (1) are not exercisable outside the landward limits of the territorial sea of the Islands in relation to a ship or an aircraft registered in a Convention state except with the authority of the Governor or the relevant competent authority.
The Governor or the relevant competent authority shall not give its authority under subsection (2) unless the relevant Convention state has, in relation to the ship or the aircraft — (a) requested the assistance of the Islands for the purpose mentioned in subsection (1); or (b) authorised the Islands to act for that purpose.
Where the Governor or the relevant competent authority gives the authority under subsection (2) pursuant to a request or authorisation referred to in subsection (3), the Governor or the relevant competent authority shall impose conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by that state.
The Governor or the relevant competent authority, either of the Governor’s or the relevant competent authority’s own motion or in response to a request from a Convention state, may authorise that state to exercise, in relation to a Cayman ship or a Cayman aircraft, powers corresponding to those conferred on enforcement officers by Schedule 4 but subject to conditions or limitations, if any, as the Governor or the relevant competent authority may impose.
The powers conferred by Schedule 4 are not to be exercised in or over the territory or the territorial waters of a state other than the Islands without the authority of the Governor or the relevant competent authority.
The Governor or the relevant competent authority shall not give authority under subsection (6) unless the relevant state has consented to the exercise of those powers.
Subsections (2), (5) and (6) are without prejudice to any agreement made with any other state on behalf of the Islands, under which the Islands agrees to the reciprocal provision of assistance to detect and take appropriate action in relation to an offence under section 18 or 19.
The Governor or the relevant competent authority may request the assistance of the Chief Executive Officer of the Maritime Authority or any entity as may be reasonably required in the exercise of the powers of the Governor or the relevant competent authority under this section, and the Chief Executive Officer of the Maritime Authority or the entity shall provide the assistance requested to the Governor or the relevant competent authority.
The relevant competent authority may exercise the functions of the Governor under this section where the Governor delegates the functions to the relevant competent authority.
Where the Governor delegates the functions of the Governor under this section — (a) the delegation shall be in writing and the instrument of delegation shall be given to the relevant competent authority; and (b) the Governor may, by written notice to the relevant competent authority, at any time, revoke any functions so delegated.
For the purposes of this section, “relevant competent authority” means — (a) in relation to aircraft, the Director-General of Civil Aviation or the designate of the Director-General of Civil Aviation; and (b) in relation to ships, the Commandant or the designate of the Commandant.

Defined Terms

relevant competent authority

Cross References