Gambia Independence Act 1964

SCHEDULES

SCHEDULE 1 U.K. Legislative Powers of The Gambia

1 U.K. The M1 Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of The Gambia.

Marginal Citations

M1 1865 c. 63(26:1).

2 U.K. No 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, subject to paragraph 5 of this Schedule, 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 The Gambia.

3 U.K. The legislature of The Gambia shall have full power to make laws having extra-territorial operation.

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

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 4 of the M2 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 The Gambia.

Textual Amendments

F1 Sch. 1 para. 4(a) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)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

M2 1890 c. 27(26:1).

5 U.K. Nothing in this Act shall confer on the legislature of The Gambia any power to repeal, amend or modify the constitutional provisions otherwise than in such manner as may be provided for in those provisions; and for the purposes of this paragraph “the constitutional provisions” means the following, that is to say—

(a) this Act;

(b) any Order in Council revoking the existing Constitution Order and providing for a new constitution for The Gambia to come into effect on the appointed day;

(c) any law, or instrument made under a law, of the legislature of The Gambia which, being a law or instrument made on or after the appointed day, amends, modifies, re-enacts with or without amendment or modification, or makes different provision in lieu of, any provisions of this Act, of the Order in Council first mentioned in this paragraph, or of any such law or instrument previously made.

SCHEDULE 2 U.K. Amendments not affecting the Law of The Gambia

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 2 para. 1 repealed by Finance Act 1969 (c. 32, SIF 63:1, 2), Sch. 21 Pt. IX

2 U.K. In section 1(6) of the M3 Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the words “and the Republic of Ireland” there shall be inserted the words “The Gambia”.

Modifications etc. (not altering text)

C1 The text of Sch. 2 para. 2, which is spent, 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

M3 1952 c.18.

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 2 para. 3 repealed by International Organisations Act 1981 (c. 9, SIF 68:1), Sch.

Financial U.K.

4 U.K. In section 2(4) of the M4 Import duties Act 1958, before the words “together with” there shall be inserted the words “The Gambia”.

Modifications etc. (not altering text)

C2 The text of Sch. 2 paras. 4, 7, 8, 13 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

M4 1958 c.6.

Visiting forces U.K.

5 U.K. In the M5 Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in The Gambia as it applies in relation to forces raised in Dominions within the meaning of the M6 Statute of Westminster 1931.

Marginal Citations

M5 1933 c.6.

M6 1931 c.4 (22 & 23 Geo. 5) (26:1).

6 U.K. In the M7 Visiting Forces Act 1952—

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

(b) in section 10(1)(a) the expression “colony” shall not include The Gambia or any part thereof;

and, until express provision with respect to The Gambia is made by 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 The Gambia.

Textual Amendments

F4 Para 6(a) amends Visiting Forces Act 1952 (c. 67, SIF 7:3), s. 1(1)(a)

Marginal Citations

M7 1952 c.67(7:3).

Ships and aircraft U.K.

F5 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 2 para. 7 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)

F6 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 2 para. 8 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 2 para. 9 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

10 U.K. In the M8 Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in The Gambia.

Marginal Citations

M8 1934 c.49(52:3).

11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 2 para. 11 repealed by Civil Aviation Act 1971 (c. 75), Sch. 11

12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 2 para. 12 repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(2), Sch. 8

Commonwealth Institute U.K.

13 In section 8(2) of the M9 Imperial Institute Act 1925, as amended by the M10 Commonwealth Institute Act 1958 (power to vary the provisions of the said Act of 1925 if an agreement for the purpose is made with the governments of certain territories which for the time being are contributing towards the expenses of the Commonwealth Institute), at the end there shall be added the words “and The Gambia”.

Modifications etc. (not altering text)

C3 The text of Sch. 2 paras. 4, 7, 8, 13 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 1925 ch. xvii.

M10 1958 c.16.