Zanzibar Act 1963

1963 CHAPTER 55

An Act to make provision in connection with Zanzibar becoming an independent State within the Commonwealth.

[3rd December 1963]

Modifications etc. (not altering text)

C1 Power to repeal Act given by Tanzania Act 1969 (c. 29), s. 5

1 Operation of existing law. U.K.

(1) Subject to this Act, on and after 10th December 1963 (the date on which Zanzibar ceases to be a protectorate and becomes an independent State within the Commonwealth and which is referred to in this Act as “the appointed day”) all law which, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, is in force on that day or has been passed or made before that day and comes into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to Zanzibar, and persons and things belonging to or connected with Zanzibar, as it would have apart from this subsection if there had been no change in the status of Zanzibar on the appointed day.

(2) Schedule 1 to this Act shall apply to the enactments there mentioned (of which those in Part I are enactments applicable to Commonwealth countries having fully responsible status, and those in Part II are thereby excepted from the operation of section 1(1) of this Act), but that Schedule shall not extend to Zanzibar as part of the law of Zanzibar.

(3) Subsection (1) of this section applies to law of or of any part of the United Kingdom, the Channel Islands and the Isle of Man and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to Zanzibar, to law of any other country or territory to which that enactment or Order extends.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 2 repealed by British Nationality Act 1981 (c.61, SIF 87), Sch. 9

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 S. 3 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 S. 4 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VI

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 5 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

6 Short title, interpretation and repeals. U.K.

(1) This Act may be cited as the Zanzibar Act 1963.

(2) References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment, including this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 S. 6(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

SCHEDULES

Section 1(2).

SCHEDULE 1 U.K.

Part I U.K. Extension of certain Enactments applicable to Commonwealth Countries having fully Responsible Status

Diplomatic immunities U.K.

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 1 Pt. I para. 1 repealed by Finance Act 1969 (c. 32), Sch. 21 Pt. IX

2 U.K. In section 1(6) of the M1 Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act, 1952, before the words “and the Republic of Ireland” there shall be inserted the word “Zanzibar”.

Modifications etc. (not altering text)

C2 The text of Sch. 1 Pt. I para. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1952 c. 18

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 1 Pt. I para. 3 repealed by International Organisations Act 1981 (c. 9, SIF 68:1), Sch.

Financial U.K.

4 U.K. In section 2(4) of the M2 Import Duties Act, 1958, before the words “together with” there shall be inserted the word “Zanzibar”.

Modifications etc. (not altering text)

C3 The text of Sch. 1 Pt. I para. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M2 1958 c. 6

Armed Forces U.K.

5 U.K. In the definitions of “Commonwealth force” in section 225(1) and section 223(1) respectively of the M3 Army Act 1955 and the M4 Air Force Act 1955, and in the definition of “Commonwealth country” in section 135(1) of the M5 Naval Discipline Act 1957, at the end there shall be added the words “or Zanzibar”, and section 1(1) of this Act shall not apply to either of the said Acts of 1955 or to the said Act of 1957.

Marginal Citations

M3 1955 c. 18.

M4 1955 c. 19.

M5 1957 c. 53.

6 U.K. In the M6 Visiting Forces (British Commonwealth) Act 1933, section 4 (which deals with attachment and mutual powers of command) shall apply in relation to forces raised in Zanzibar as it applies in relation to forces raised in Dominions within the meaning of the M7 Statute of Westminster 1931.

Marginal Citations

M6 1933 c. 6.

M7 1931 c. 4 (22 & 23 Geo. 5).

7 U.K. In the M8 Visiting Forces Act 1952, in section 1 (1)(a) (which specifies the countries to which that Act applies) at the end there shall be added the words “Zanzibar, or” and, until express provision with respect to Zanzibar is made by Order in Council under section 8 of that Act (which relates to the application to visiting forces of law relating to home forces), any such Order for the time being in force shall be deemed to apply to visiting forces of Zanzibar.

Marginal Citations

M8 1952 c. 67.

Ships and Aircraft U.K.

F8 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 1 para. 8 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch.1 Pt.I para. 9 repealed by Emergency Laws (Re-enactments and Repeals) Act 1964 (c.60), Sch. 2

10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 1 Pt. I para. 10 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

11 U.K. In the M9 Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Zanzibar.

Marginal Citations

M9 1934 c. 49.

12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 1 Pt. I para. 12 repealed by Civil Aviation Act 1971 (c. 75), Sch. 11

Commonwealth Institute U.K.

13 In section 8(2) of the M10 Imperial Institute Act, 1925, as amended by the M11 Commonwealth Institute Act, 1958 (which relates to the power to vary the provisions of the said Act of 1925 if an agreement for the purpose is made with governments of certain territories which for the time being are contributing towards the expenses of the Commonwealth Institute) at the end there shall be added the words “and Zanzibar”.

Modifications etc. (not altering text)

C4 The text of Sch.1 Pt. I para. 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M10 1925 c. xvii

M11 1958 c. 16

Part II U.K. Exceptions from s. 1(1) of Act

14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 1 Pt.II para.14 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XIII

Foreign Jurisdiction Act 1890 and Orders in Council thereunder U.K.

15 (1) Section 1(1) of this Act shall not apply to the M12 Foreign Jurisdiction Act 1890 or any Order in Council made under that Act but the provisions of the Orders in Council made under the said Act which are set out below (and which apply in relation to Zanzibar the M13 Colonial Probates Act 1892 and the enactments listed in Schedule 1 to the M14 Foreign Jurisdiction Act 1890 as originally enacted) shall, subject to the provisions of this paragraph, continue in force on and after the appointed day. U.K.

(2) The provisions of this paragraph shall have effect subject to any Order in Council made under section 4 of this Act.

Orders in Council under Foreign Jurisdiction Act 1890

Description of Order	Provisions continued in force
Order in Council dated 30th March 1916 and applying the Colonial Probates Act 1892 to Zanzibar. (S.R. & O. 1916 No. 275.)	The whole Order.
The Zanzibar Order in Council 1924. (S.R. & O. 1924 No. 1401.)	Section 25 except so far as it applies the Admiralty Offences (Colonial) Act 1849, the Admiralty Offences (Colonial) Act 1860 or any provisions of the Merchant Shipping Act 1894.
	Section 27.

Marginal Citations

M12 1890 c. 37.

M13 1892 c. 6.

M14 1890 c. 37.

SCHEDULE 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 2 repealed by British Nationality Act 1981 (c.61, SIF 87), Sch. 9

F14 F14 SCHEDULE 3 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI