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Barbados Independence Act 1966

Status:

This is the original version (as it was originally enacted).

1Fully responsible status of Barbados

(1)On and after 30th November 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 Barbados.

(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 Barbados 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 Barbados.

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 Barbados.

(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 Barbados.

(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 Barbados

(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 Barbados; 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.

4Consequential 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 Barbados.

(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 Barbados, and

(b)in the definitions of " Commonwealth force " in section 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 Barbados.

(3)If any enactment contained in an Act of the present Session passed before the appointed day (whether before or after the passing of this Act) provides for the continuance in force of the said Acts of 1955 after the end of the year 1966, no Order in Council made under that enactment which continues either of those Acts in force for a further period shall extend to Barbados as part of its law.

(4)For the purposes of the making, on or after the appointed day, of Orders in Council under the West Indies Act 1962, and for the purposes of the making on or after that day of grants under section 8 of that Act, Barbados shall be treated as not being a colony within the meaning of that Act.

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

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

5Power to provide new constitution for Barbados

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

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

(3)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 (whether by omitting, amending or overriding any of its provisions or inserting additional provisions in it or otherwise); and

(c)to suspending its operation for any period or terminating any such suspension.

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

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

6Short title and interpretation

(1)This Act may be cited as the Barbados Independence Act 1966.

(2)Except in so far as the context otherwise requires, references in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

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