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This is the original version (as it was originally enacted).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

Schedule 2Amendments Not Affecting the Law of The Gambia

Diplomatic immunities

1In section 461 of the Income Tax Act 1952 (exemption from income tax in the case of certain Commonwealth representatives and their staffs)—

(a)in subsection (2), before the words " for any state " there shall be inserted the words

or The Gambia;

(b)in subsection (3), before the words " and ' Agent-General'" there shall be inserted the words

or The Gambia.

2In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the words " and the Republic of Ireland " there shall be inserted the words

The Gambia.

3In section 1(5) of the Diplomatic Immunities (Conferences with Commonwealth Countries and Republic of Ireland) Act 1961, before the words " and the Republic of Ireland" there shall be inserted the words

The Gambia.

Financial

4In section 2(4) of the Import Duties Act 1958, before the words " together with" there shall be inserted the words

The Gambia.

Visiting forces

5In the Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in The Gambia as it applies in relation to forces raised in Dominions within the meaning of the Statute of Westminster 1931.

6In the Visiting Forces Act 1952—

(a)in section 1(1)(a) (countries to which that Act applies) at the end there shall be added the words

The Gambia or;

(b)in section 10(1)(a) the expression " colony" shall not include The Gambia or any part thereof;

and, until express provision with respect to The Gambia is made by Order in Council under section 8 of that Act (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 The Gambia.

Ships and aircraft

7In section 427(2) of the Merchant Shipping Act 1894, as set out in section 2(1) of the Merchant Shipping (Safety Convention) Act 1949, before the words " or in any" there shall be inserted the words

or The Gambia.

8In the proviso to section 6(2) of the Merchant Shipping Act 1948, at the end there shall be added the words

or The Gambia.

9The Ships and Aircraft (Transfer Restriction) Act 1939 shall not apply to any ship by reason only of its being registered in or licensed under the law of The Gambia ; and the penal provisions of that Act shall not apply to persons in The Gambia (but without prejudice to the operation with respect to any ship to which that Act does apply of the provisions thereof relating to the forfeiture of ships).

10In the Whaling Industry (Regulation) Act 1934, the expression " British ship to which this Act applies " shall not include a British ship registered in The Gambia.

11In section 2(7)(b) of the Civil Aviation (Licensing) Act 1960, the expression " colony" shall not include The Gambia or any part thereof.

Copyright

12If the Copyright Act 1911, so far as in force in the law of The Gambia, is repealed or amended by that law at any time when sub-paragraph (2) of paragraph 39 of Schedule 7 to the Copyright Act 1956 (which applies certain provisions of that Act in relation to countries to which the said Act of 1911 extended) is in force in relation to The Gambia, the said sub-paragraph (2) shall thereupon cease to have effect in relation thereto.

Commonwealth Institute

13In section 8(2) of the Imperial Institute Act 1925, as amended by the Commonwealth Institute Act 1958 (power to vary the provisions of the said Act of 1925 if an agreement for the purpose is made with the 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 The Gambia.

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