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Guyana Independence Act 1966

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E+W+S+N.I.

Guyana Independence Act 1966

1966 CHAPTER 14

An Act to provide for the attainment by British Guiana of fully responsible status within the Commonwealth; to make provision as to the effect of certain certificates of naturalisation; and for purposes connected with the matters aforesaid.

[12th May 1966]

1 Fully responsible status of Guyana.E+W+S+N.I.

(1)On and after 26th May 1966 (in this Act referred to as “the appointed day”) Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of the territory which immediately before that day constitutes the Colony of British Guiana and which on and after that day is to be called Guyana.

(2)No Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to Guyana as part of its law; and on and after that day the provisions of Schedule 1 to this Act shall have effect with respect to the legislative powers of Guyana.

2, 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Amendments (Textual)

4 Effect of certain certificates of naturalisation.E+W+S+N.I.

(1)Any document which on or after 1st January 1949 and before the passing of this Act was issued to a person by the Governor of British Guiana with the approval of the Secretary of State and which—

(a)purported to be a certificate of naturalisation, but

(b)did not contain a declaration that, upon taking the oath of allegiance within the time and in the manner required by the regulations made in that behalf, that person was to be a citizen of the United Kingdom and Colonies as from the date of the certificate,

shall have effect, and shall be deemed always to have had effect, as if (instead of any other declaration contained in the document) it had contained such a declaration as is specified in paragraph (b) of this subsection.

(2)Any document to which the preceding subsection applies shall have effect, and shall be deemed always to have had effect, as a certificate of naturalisation granted under section 10 of the M1British Nationality Act 1948, whether it purported to be granted under that Act or not.

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Marginal Citations

5

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2)On and after the appointed day—

(a)the expression “colony” in the M2Army Act 1955, the M3Air Force Act 1955 and the M4Naval Discipline Act 1957 shall not include Guyana and

(b)in the definitions of “Commonwealth force” in sections 225(1) and 223(1) respectively of the said Acts of 1955, and in the definition of “Commonwealth country” in section 135(1) of the said Act of 1957, at the end there shall be added the words “or Guyana”;

but section 129 and sections 186 to 190 of each of the said Acts of 1955, and section 105 and sections 107 to 110 of the said Act of 1957, as read with section 126 of that Act, shall have effect on and after the appointed day in relation to Guyana as if it were a colony within the meaning of those Acts.

(3)For the purpose of the making, on or after the appointed day, of Orders in Council under section 4 of the M5West Indies Act 1962, Guyana shall be treated as not being a colony with the meaning of that Act.

(4)On and after the appointed day the provisions specified in Schedule 2 to this Act shall have effect subject to the amendments respectively specified in that Schedule.

(5)Subsection (4) of this section, and Schedule 2 to this Act, shall not extend to Guyana as part of its law.

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Amendments (Textual)

Modifications etc. (not altering text)

C1The text of s. 5(2)(b), Sch. 2 paras. 4, 6(a), 7, 8 and 12 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

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S+N.I.

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Amendments (Textual)

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S+N.I.

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Amendments (Textual)

8 Interpretation and repeal.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

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

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

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Amendments (Textual)

9 Short title.E+W+S+N.I.

This Act may be cited as the Guyana Independence Act 1966.

SCHEDULES

Section 1.

SCHEDULE 1E+W+S+N.I. Legislative Powers of Guyana

1The M6Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of Guyana.E+W+S+N.I.

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Marginal Citations

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 accordingly 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 Guyana.E+W+S+N.I.

3The legislature of Guyana shall have full power to make laws having extra-territorial operation.E+W+S+N.I.

4Without prejudice to the generality of the preceding provisions of this Schedule—E+W+S+N.I.

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 4 of the M7Colonial 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 Guyana.

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Amendments (Textual)

Marginal Citations

Section 5.

SCHEDULE 2E+W+S+N.I. Amendments not affecting the Law of Guyana

Diplomatic immunitiesE+W+S+N.I.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S+N.I.

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Amendments (Textual)

2In section 1(6) of the M8 Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the word “and” in the last place where it occurs there shall be inserted the word “Guyana”.E+W+S+N.I.

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Modifications etc. (not altering text)

C2The text of Sch. 2 para. 2, which is spent, 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

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S+N.I.

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Amendments (Textual)

FinancialE+W+S+N.I.

4In section 2(4) of the M9 Import Duties Act 1958, before the words “together with” there shall be inserted the word “Guyana”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3The text of s. 5(2)(b), Sch. 2 paras. 4, 6(a), 7, 8 and 12 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

Visiting forcesE+W+S+N.I.

5In the M10Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Guyana as it applies in relation to forces raised in Dominions within the meaning of the M11Statute of Westminster 1931.E+W+S+N.I.

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Marginal Citations

M111931 c. 4(22 & 23 Geo. 5)(26:1).

6In the M12Visiting Forces Act 1952—E+W+S+N.I.

(a)in paragraph (a) of section 1(1)(a) (countries to which that Act applies) at the end there shall be added the words “Guyana or”;

(b)in section 10(1)(a), the expression “colony” shall not include Guyana;

and, until express provision with respect to Guyana is made by an 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 Guyana.

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Modifications etc. (not altering text)

C4The text of s. 5(2)(b), Sch. 2 paras. 4, 6(a), 7, 8 and 12 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

Ships and aircraftE+W+S+N.I.

F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S+N.I.

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Amendments (Textual)

10In the M13Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Guyana.E+W+S+N.I.

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Marginal Citations

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S+N.I.

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Amendments (Textual)

Commonwealth InstituteE+W+S+N.I.

F1312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F13Sch. 2 para. 12 repealed (7.1.2003) by 2002 c. 39, ss. 3, 4(2), Sch. 3

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