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. U.K.

(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 2, 3 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

4 Effect of certain certificates of naturalisation. U.K.

(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 M1 British Nationality Act 1948, whether it purported to be granted under that Act or not.

Marginal Citations

M1 1948 c. 56.

5

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

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purpose of the making, on or after the appointed day, of Orders in Council under section 4 of the M2 West 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.

Textual Amendments

F2 S. 5(1) repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3

F3 S. 5(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M2 1962 c. 19(26:46)

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 Ss. 6, 8(1)(3) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VI

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 S. 7 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

8 Interpretation and repeal. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Ss. 6, 8(1)(3) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VI

9 Short title. U.K.

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

SCHEDULES

Section 1.

SCHEDULE 1 U.K. Legislative Powers of Guyana

1 U.K. The M3 Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of Guyana.

Marginal Citations

M3 1865 c. 63(26:1).

2 U.K. No 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.

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

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

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 4 of the M4 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 Guyana.

Textual Amendments

F7 Sch. 1 para. 4(a) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)

Marginal Citations

M4 1890 c. 27(26:1).

Section 5.

SCHEDULE 2 U.K. Amendments not affecting the Law of Guyana

Diplomatic immunities U.K.

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 2 para. 1 repealed by Finance Act 1969 (c. 32, SIF 63:1,2), Sch. 21 Pt. IX

2 U.K. In section 1(6) of the M5 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”.

Modifications etc. (not altering text)

C1 The 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

M5 1952 c. 18.

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 2 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 M6 Import Duties Act 1958, before the words “together with” there shall be inserted the word “Guyana”.

Modifications etc. (not altering text)

C2 The 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

M6 1958 c. 6

Visiting forces U.K.

5 U.K. In the M7 Visiting 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 M8 Statute of Westminster 1931.

Marginal Citations

M7 1933 c. 6(7:3).

M8 1931 c. 4(22 & 23 Geo. 5)(26:1).

6 U.K. In the M9 Visiting Forces Act 1952—

(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.

Modifications etc. (not altering text)

C3 The 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

M9 1952 c. 67(7:3).

Ships and aircraft U.K.

F10 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 2 para. 7 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)

F11 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 2 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 2 para. 9 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

10 U.K. In the M10 Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Guyana.

Marginal Citations

M10 1934 c. 49(52:3).

11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 2 para. 11 repealed by Civil Aviation Act 1971 (c. 75), Sch. 11

Commonwealth Institute U.K.

F14 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 2 para. 12 repealed (7.1.2003) by 2002 c. 39, ss. 3, 4(2), Sch. 3