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Gambia Independence Act 1964

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This is the original version (as it was originally enacted).

5Judicial Committee of Privy Council

(1)Her Majesty may by Order in Council made before the appointed day confer on the Judicial Committee of the Privy Council such jurisdiction in respect of appeals from any court having jurisdiction under the law of The Gambia, and in respect of any proceedings concerning judges of any such court, as appears to Her Majesty to be appropriate.

(2)An Order in Council under this section may determine the classes of cases in which, and the conditions as to leave and otherwise subject to which, any such appeal or other proceedings may be entertained by the said Committee, and the practice and procedure to be followed in any such proceedings, and—

(a)may confer on the said Committee any of the jurisdiction or powers possessed by any court under the law of The Gambia;

(b)may require that the decisions of the said Committee in exercise of any jurisdiction conferred under this section shall be enforced in the same way as decisions of any court having jurisdiction under the law of The Gambia ;

(c)may exclude an appeal to Her Majesty in Council, whether as of right or by special leave, in all or any cases; and

(d)may contain transitional provisions with respect to appeals to Her Majesty in Council and other proceedings which are pending on the appointed day, and may contain such other incidental or supplemental provisions as appear to Her Majesty to be expedient.

(3)Except so far as otherwise provided by an Order in Council under this section, and subject to such modifications as may be so provided, the Judicial Committee Act 1833 shall apply in relation to appeals and other proceedings in respect of which any jurisdiction is conferred under this section as it applies in relation to appeals to Her Majesty in Council.

(4)Provisions made in pursuance of this section may be included in any Order in Council revoking the existing Constitution Order.

(5)So much of any Order in Council as is made under this section may be varied or revoked by a further Order in Council, whether made before, on or after the appointed day; but any Order in Council made under this section on or after the appointed day shall not extend to The Gambia as part of its law.

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