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The United Kingdom Forces (Jurisdiction of Colonial Courts) Order 1965

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Application and interpretation

2.—(1) This Order shall apply to each of the territories specified in the Schedule to this Order and in its application to any territory references in this Order to “the Territorymean that territory.

(2) In this Order—

coroner” means any person or authority having jurisdiction under the law of the Territory to hold inquests;

court of the Territory” means a court exercising jurisdiction in the Territory other than a service court;

dependant” in relation to any person means any of the following—

(a)

the wife or husband of that person; and

(b)

any other person wholly or mainly maintained by him or in his custody, charge or care;

Governor” in relation to Basutoland means the British Government Representative and in relation to any other territory the officer for the time being administering the government of the territory;

Her Majesty's forces” means the naval, military or air forces of Her Majesty in right of Her Government in the United Kingdom but does not include a force raised under a law enacted by the legislature of the Territory;

law of the Territory” means law for the time being in force in the Territory or any part thereof;

service court” means an officer or court exercising jurisdiction under the Naval Discipline Act 1957 the Army Act 1955 or the Air Force Act 1955 and includes a confirming officer or reviewing authority under any of those Acts.

(3) In this Order a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office.

(4) The Interpretation Act 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting or in relation to Acts of the Parliament of the United Kingdom.

(5) References in this Order to a member of a civilian component of any of Her Majesty's forces are references to persons (being persons subject to the jurisdiction of a service court) of any such description as may be prescribed by order made by the Governor of the Territory.

(6) References in this Order to a person's having at any time a relevant association with Her Majesty's forces are references to his being at that time a person of one or other of the following descriptions, that is to say—

(a)a member of Her Majesty's forces or a member of a civilian component of any of those forces;

(b)a person who is a dependant of any such member.

(7) References in this Order to any law are references to that law as from time to time amended or extended by or under any other law.

(8) In the exercise of the powers conferred upon him by this Order the Governor shall not be obliged to obtain the advice of or otherwise to consult with any other person or authority in the Territory.

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