Tuvalu Act 1978

1978 CHAPTER 20

An Act to make provision for, and in connection with, the attainment by Tuvalu of independence within the Commonwealth.

[30th June 1978]

1 Independence for Tuvalu. U.K.

(1) On and after 1st October 1978 (in this Act referred to as “Independence Day”) Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of Tuvalu.

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

2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 2, 3 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

4 Consequential modifications of other enactments. U.K.

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

(2) On and after Independence Day—

(a) the expression “colony” in the M1 Army Act 1955, the M2 Air Force Act 1955 and the M3 Naval Discipline Act 1957 shall not include Tuvalu; and

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

and no Order in Council made on or after Independence Day under section 1 of the M4 Armed Forces Act 1976 which continues either of those Acts of 1955 or that Act of 1957 in force for a further period shall extend to Tuvalu as part of its law.

(3) On and after Independence Day the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified.

(4) Subsection (3) above and Schedule 2 to this Act shall not extend to Tuvalu as part of its law.

Textual Amendments

F2 S. 4(1) repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3

Modifications etc. (not altering text)

C1 The text of s. 4(2)(b) and Sch. 2 paras. 3(a), 4, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.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

M1 1955 c. 18(7:1)

M2 1955 c. 19(7:1)

M3 1957 c. 53(7:1)

M4 1976 c. 52(7:1).

5 Interpretation. U.K.

(1) In this Act, and in any amendment made by this Act in any other enactment, “Tuvalu” means the territories which immediately before Independence Day constitute the colony of Tuvalu.

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

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

Textual Amendments

F3 S. 5(2) repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

6 Short title. U.K.

This Act may be cited as the Tuvalu Act 1978.

SCHEDULES

Section 1(2).

SCHEDULE 1 U.K. Legislative Powers of Tuvalu

1 U.K. The M5 Colonial Laws Validity Act 1865 shall not apply to any law made on or after Independence Day by the legislature of Tuvalu.

Marginal Citations

M5 1865 c. 63(26:1).

2 U.K. No law and no provision of any law made on or after Independence 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 Tuvalu.

3 U.K. The legislature of Tuvalu shall have full power to make laws having extraterritorial operation.

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

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

(b) section 4 of the M6 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 Tuvalu.

Textual Amendments

F4 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

M6 1890 c. 27(26:1).

Section 4(3).

SCHEDULE 2 U.K. Amendments Not Affecting The Law of Tuvalu

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Sch. 2 para. 1 repealed by International Organisations Act 1981 (c. 9, SIF 68:1), Sch.

Visiting forces U.K.

2 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 Tuvalu as it applies 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).

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

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

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

and, until express provision with respect to Tuvalu 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 Tuvalu.

Modifications etc. (not altering text)

C2 The text of s. 4(2)(b) and Sch. 2 paras. 3(a), 4, 8 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.

F6 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 2 para. 4 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)

5 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 Tuvalu.

Marginal Citations

M10 1934 c 49(52:3).

6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 2 para. 6 repealed by Civil Aviation (Amendment) Act 1982 (c. 1, SIF 9), Sch. 2

Colonial stock U.K.

F8 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 para. 7 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 1

Commonwealth Institute U.K.

F9 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 2 para. 8 repealed (7.1.2003) by 2002 c. 39, ss. 3, 4(2), Sch. 3