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Gambia Independence Act 1964

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This is the original version (as it was originally enacted).

Schedule 1Legislative Powers of The Gambia

1The Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of The Gambia.

2No law and no provision of any law made on or after the appointed day by that legislature shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any Act of the Parliament of the United Kingdom, including this Act, or to any order, rule or regulation made under any such Act, and, subject to paragraph 5 of this Schedule, the powers of that legislature shall include the power to repeal or amend any such Act, order, rule or regulation in so far as it is part of the law of The Gambia.

3The legislature of The Gambia shall have full power to make laws having extra-territorial operation.

4Without prejudice to the generality of the preceding provisions of this Schedule—

(a)sections 735 and 736 of the Merchant Shipping Act 1894 shall be construed as if references therein to the legislature of a British possession did not include references to the legislature of The Gambia ; and

(b)section 4 of the Colonial Courts of Admiralty Act 1890 (which requires certain laws to be reserved for the signification of Her Majesty's pleasure or to contain a suspending clause) and so much of section 7 of that Act as requires the approval of Her Majesty in Council to any rules of court for regulating the practice and procedure of a Colonial Court of Admiralty shall cease to have effect in The Gambia.

5Nothing in this Act shall confer on the legislature of The Gambia any power to repeal, amend or modify the constitutional provisions otherwise than in such manner as may be provided for in those provisions ; and for the purposes of this paragraph " the constitutional provisions " means the following, that is to say—

(a)this Act;

(b)any Order in Council revoking the existing Constitution Order and providing for a new constitution for The Gambia to come into effect on the appointed day ;

(c)any law, or instrument made under a law, of the legislature of The Gambia which, being a law or instrument made on or after the appointed day, amends, modifies, re-enacts with or without amendment or modification, or makes different provision in lieu of, any provisions of this Act, of the Order in Council first mentioned in this paragraph, or of any such law or instrument previously made.

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