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Barbados Independence Act 1966

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Barbados Independence Act 1966

1966 CHAPTER 37

An Act to make provision for, and in connection with, the attainment by Barbados of fully responsible status within the Commonwealth.

[17th November 1966]

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

(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.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.
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Amendments (Textual)

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Amendments (Textual)

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S+N.I.
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Amendments (Textual)

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Amendments (Textual)

4 Consequential modification of other enactments.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2)On and after the appointed day—

(a)the expression “colony” in the M1Army Act 1955, the M2Air Force Act 1955 and the M3Naval 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 M4West 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.

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Amendments (Textual)

Modifications etc. (not altering text)

C1The text of s. 4(2)(b) 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

5 Power to provide new constitution for Barbados.E+W+S+N.I.

(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 provisions 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.

6 Short title and interpretation.E+W+S+N.I.

(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.

SCHEDULES

Section 1.

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

1The M5Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of Barbados.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 Barbados.E+W+S+N.I.

3The legislature of Barbados 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.

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 4 of the M6Colonial 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 Barbados.

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Amendments (Textual)

Marginal Citations

Section 4.

SCHEDULE 2E+W+S+N.I. Amendments not Affecting the Law of Barbados

Diplomatic immunitiesE+W+S+N.I.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S+N.I.

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Amendments (Textual)

2In section 1(6) of the M7Diplomatic 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 “Barbados”.E+W+S+N.I.

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Modifications etc. (not altering text)

C2The text of Sch. 2 para. 2 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S+N.I.

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Amendments (Textual)

FinancialE+W+S+N.I.

4In section 2(4) of the M8Import Duties Act 1958, before the words “together with” there shall be inserted the word “Barbados”.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 Sch. 2 para. 4 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 M9Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Barbados as it applies in relation to forces raised in Dominions within the meaning of the M10Statute of Westminster 1931.E+W+S+N.I.

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Marginal Citations

6In the M11Visiting Forces Act 1952—E+W+S+N.I.

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

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

and, until express provision with respect to Barbados 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 Barbados.

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Modifications etc. (not altering text)

C4The text of Sch. 2 para. 6(a) 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.

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S+N.I.

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Amendments (Textual)

F9Sch. 2 para. 9 repealed by Statute Law (Repeals) Act 1977(c. 18), Sch.1 Pt. XV

10In the M12Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Barbados.E+W+S+N.I.

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Marginal Citations

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S+N.I.

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Amendments (Textual)

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S+N.I.

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Amendments (Textual)

Commonwealth InstituteE+W+S+N.I.

F1213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F12Sch. 2 para. 13 repealed (7.1.2003) by 2002 c. 39, ss. 3, 4(2), Sch. 3

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