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Guyana Independence Act 1966

Status:

This is the original version (as it was originally enacted).

1Fully responsible status of Guyana

(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.

2Consequential modifications of" British Nationality Acts

(1)On and after the appointed day the British Nationality Acts 1948 to 1965 shall have effect as if in section 1(3) of the British Nationality Act 1948 (Commonwealth countries having separate citizenship) there were added at the end the words

and Guyana.

(2)Except as provided by section 3 of this Act, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if he becomes on that day a citizen of Guyana.

(3)Section 6(2) of the British Nationality Act 1948 (registration as citizens of the United Kingdom and Colonies of women who have been married to such citizens) shall not apply to a woman by virtue of her marriage to a person who on the appointed day ceases to be such a citizen under subsection (2) of this section, or who would have done so if living on the appointed day.

3Retention of citizenship of United Kingdom and Colonies by certain citizens of Guyana

(1)Subject to subsection (5) of this section, a person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(2) of this Act if he, his father or his father's father—,

(a)was born in the United Kingdom or in a colony; or

(b)is or was a person naturalised in the United Kingdom and Colonies; or

(c)was registered as a citizen of the United Kingdom and Colonies; or

(d)became a British subject by reason of the annexation of any territory included in a colony.

(2)A person shall not cease to be a citizen of the United Kingdom and Colonies under the said section 2(2) if either—

(a)he was born in a protectorate or protected state, or

(b)his father or his father's father was so born and is or at any time was a British subject.

(3)A woman who is the wife of a citizen of the United Kingdom and Colonies shall not cease to be such a citizen under the said section 2(2) unless her husband does so.

(4)Subject to subsection (5) of this section, the reference in subsection (1)(b) of this section to a person naturalised in the United Kingdom and Colonies shall include a person who would, if living immediately before the commencement of the British Nationality Act 1948, have become a person naturalised in the United Kingdom and Colonies by virtue of section 32(6) of that Act (persons given local naturalisation in a colony or protectorate before the commencement of that Act).

(5)Any reference in this section to a colony, a protectorate or a protected state is a reference to a territory which is a colony, a protectorate or a protected state, as the case may be, within the meaning of the British Nationality Act 1948, on the appointed day, and accordingly does not include a reference to Guyana; and subsection (1) of this section shall not apply to a person by virtue of any certificate of naturalisation granted or registration effected by the governor or government of a territory outside the United Kingdom which is not such a colony, protectorate or protected state on the appointed day.

(6)Part III of the British Nationality Act 1948 (supplemental provisions) shall have effect for the purposes of this section as if this section were included in that Act.

4Effect of certain certificates of naturalisation

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

5Consequential modification of other enactments

(1)Notwithstanding anything in the Interpretation Act 1889, the expression " colony " in any Act of the Parliament of the United Kingdom passed on or after the appointed day shall not include Guyana.

(2)On and after the appointed day—

(a)the expression " colony " in the Army Act 1955, the Air Force Act 1955 and the Naval 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 purposes of the making, on or after the appointed day, of Orders in Council under section 4 of the West Indies Act 1962, Guyana shall be treated as not being a colony within 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.

6Power to provide constitution for Guyana

(1)Her Majesty may by Order in Council made before the appointed day provide a constitution for Guyana to come into effect on that day.

(2)An Order in Council under this section (in this Act referred to as a " Constitution Order ") may include provision as to the manner in which the legislature of Guyana may alter any provisions of that Order, or may alter any law which alters any of those provisions; and a constitution provided by a Constitution Order may include provision as to the manner in which the legislature of Guyana may alter that constitution or any provisions of that constitution, or may alter any law which alters that constitution or any provisions thereof.

(3)Any such constitution may include provision whereby, in such circumstances and at such time as may be determined in accordance with the constitution, Guyana will cease to form part of Her Majesty's dominions; and a constitution including such provision may specify amendments of the constitution which are to have effect in that event.

(4)In this section references to altering a constitution or to altering any provision or law include references—

(a)to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof;

(b)to modifying it; and

(c)to suspending its operation for any period.

(5)A Constitution Order may contain such transitional or other incidental or supplementary provisions as appear to Her Majesty to be necessary or expedient.

(6)Any Constitution Order shall be laid before Parliament after being made.

7Judicial Committee of Privy Council

(1)A Constitution Order may provide that, in such circumstances and at such time as may be determined in accordance with the Order, the following provisions shall have effect, that is to say—

(a)appeals shall cease to lie to Her Majesty in Council from any court having jurisdiction under the law of Guyana, but

(b)the Judicial Committee of the Privy Council shall have such jurisdiction and powers in respect of appeals from any such court, and in respect of any proceedings concerning judges of any such court, as may be determined in accordance with the Order.

(2)Except so far as otherwise provided by a Constitution Order, 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 on the said Committee in accordance with paragraph (b) of the preceding subsection as it applies in relation to appeals to Her Majesty in Council.

(3)The power conferred by subsection (5) of the last preceding section shall be exercisable in relation to the matters specified in the preceding provisions of this section ; and nothing in this section shall be construed as derogating from the generality of that subsection.

(4)So much of a Constitution Order as relates to the matters specified in subsections (1) and (2) of this section (including any transitional or other incidental or supplementary provisions relating to any such matters) may be varied or revoked by a further Order in Council; but any such further Order in Council made on or after the appointed day shall not extend to Guyana as part of its law.

8Interpretation and repeal

(1)In this Act "Constitution Order" has the meaning assigned to it by section 6(2) of this Act.

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

(3)As from the appointed day the British Guiana Act 1928 is hereby repealed:

Provided that (without prejudice to the inclusion in a Constitution Order of provision revoking, as from the appointed day or any later date, any previous Order in Council which immediately before the appointed day has effect as part of the law of British Guiana) the repeal of that Act shall not affect the operation on or after the appointed day of any Order in Council made, law enacted or other thing done by virtue of that Act before that day, whether before or after the passing of this Act.

9Short title

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

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