s.2Interpretation
2
Section 2Part 1 — Preliminary

Interpretation

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In this Act —
"administrative determination" includes any order, regulation, direction, decision, or other written determination by which the Office establishes the legal rights and obligations of one or more sectoral participants, but does not include an advisory guideline;
"advisory guideline" means a written statement, issued by the Office, that provides the Office's views regarding a specific matter, but is not legally binding;
"annual plan" means a plan published pursuant to section 41(1)(a);
"annual report" means a report published pursuant to section 41(1)(b);
"authorisation holder" means a person that holds a valid licence, permit or other form of authorisation, in accordance with sectoral legislation;
"Board" means the board of directors established under section 13;
"Chair" means the individual appointed as such under section 15;
"Chief Executive Officer" means the individual appointed as Chief Executive Officer of the Office, pursuant to section 28;
"Chief Fuels Inspector" means the person appointed as such under the Dangerous Substances Act (2017 Revision);
"chief officer" means the person appointed pursuant to the Public Service Management Act (2018 Revision) as chief officer in the ministry with responsibility for the Office;
"co-regulation" means a process by which an individual or a public or private sector body authorised by the Office adopts and implements a code of practice, and performs any other function specified by the Office pursuant to this Act or sectoral legislation, in consultation with, and subject to the approval of, the Office;
"Court" means the Grand Court;
"covered services" means services provided by a sectoral provider that are subject to supervision by the Office pursuant to sectoral legislation;
"critical national infrastructure" means systems and assets, whether physical or virtual, so vital to the Islands that the incapacity or destruction of the systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters;
"Deputy Chair" means the individual appointed as such under section 16;
"Executive Director of Energy" means the individual appointed under section 29(1)(b) as the Executive Director of Energy and Utilities of the Office;
"Executive Director of Information" means the individual appointed under section 29(1)(a) as the Executive Director of Information and Communications Technologies of the Office;
"Executive Directors" means the Executive Director of Information and the Executive Director of Energy;
"executive member" means the Chief Executive Officer, the Executive Director of Energy, the Executive Director of Information or the Chief Fuels Inspector;
"functions" includes responsibilities and duties;
"licence" means a licence granted under any sectoral legislation;
"licensee" means a person to whom a licence is granted;
"Member" means a member of the Board;
"Minister" means the member of Cabinet charged with responsibility for the Office;
"Nominating Committee" means the committee established under section 18;
"non-executive member" means a person appointed as such under section 18;
"Office" means the Utility Regulation and Competition Office established under section 4;
"Policy" means the policy to be followed by the Office pursuant to directions given by the Cabinet under section 12(1);
"public officer" has the meaning assigned to it by section 124 of the Constitution set out in Schedule 2 to The Cayman Islands Constitution Order 2009 [S.I. 2009/1379];
"regulations" mean regulations made under this Act;
"sectoral legislation" means any legislation specified in Schedule 2;
"sectoral participant" means a person who provides, uses or seeks to use utility services in a sectoral utility, but does not include the Office;
"sectoral provider" means a person, whether or not an authorisation holder, who provides goods or services in a sectoral utility;
"sectoral utility" means a utility market or sector for which the Office has specific responsibility under any sectoral legislation;
"Secretary" means the individual appointed as such under section 31;
"self-regulation" means a process by which an individual or a public or private sector body authorised by the Office adopts and implements a code of practice and performs any other function specified by the Office pursuant to this Act or sectoral legislation;
"significant market power licensee" means an authorisation holder or sectoral provider determined by the Office pursuant to section 44(1) as having significant market power in a relevant market;
"staff" means the officers, servants and agents of the Office appointed pursuant to Part 5; and
"utility services" means networks operated or services provided by a sectoral provider.
References in this Act to services rendered by a sectoral utility shall be deemed to include references to —
services provided in the information and communications technologies sector;
commodities supplied within a market or sector for which the Office has responsibility or supplied by a sectoral utility in rendering such services.
A sectoral provider shall be deemed to have Significant Market Power if, either individually or jointly with others, it enjoys a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and consumers.

Defined Terms

administrative determinationadvisory guidelineannual planannual reportauthorisation holderBoardChairChief Executive OfficerChief Fuels Inspectorchief officerco-regulationCourtcovered servicescritical national infrastructureDeputy ChairExecutive Director of EnergyExecutive Director of InformationExecutive Directorsexecutive memberfunctionslicencelicenseeMemberMinisterNominating Committeenon-executive memberOfficePolicypublic officerregulationssectoral legislationsectoral participantsectoral providersectoral utilitySecretaryself-regulationsignificant market power licenseestaffutility services

Cross References