Swaziland Independence Act 1968 (c. 56)

Swaziland Independence Act 1968

1968 CHAPTER 56

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

[26th July 1968]

1 Fully responsible status of Swaziland. U.K.

On 6th September 1968 (in this Act referred to as “the appointed day”) Swaziland shall cease to be a protected state; and on and after that day Her Majesty shall have no jurisdiction over Swaziland.

2 Operation of existing law. U.K.

(1) Subject to the following provisions of this Act, on and after the appointed day all law which, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, is in force on that day or has been passed or made before that day and comes into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to Swaziland, and persons and things belonging to or connected with Swaziland, as it would have apart from this subsection if there had been no change in the status of Swaziland on the appointed day.

(2) Part I of the Schedule to this Act (which relates to enactments applicable to Commonwealth countries having fully responsible status) and Part II of that Schedule (which relates to enactments excepted from the operation of the preceding subsection) shall have effect on and after the appointed day in relation to the enactments therein mentioned; but that Schedule shall not extend to Swaziland as part of its law.

(3) Subsection (1) of this section applies to law of, or of any part of, the United Kingdom, the Channel Islands and the Isle of Man, and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to Swaziland, to law of any other country or territory to which that enactment or Order extends.

3, 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 3, 4 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

5, 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 5, 6 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

7 Interpretation. U.K.

(1) In this Act, and in any amendment made by this Act in any other enactment, “Swaziland” means the territory which immediately before the appointed day constitutes the Kingdom of Swaziland.

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

8 Short title. U.K.

This Act may be cited as the Swaziland Independence Act 1968.

Section 2.

SCHEDULE U.K. Amendments not Affecting the Law of Swaziland

Part I U.K. Extension of Certain Enactments Applicable to Commonwealth Countries having Fully Responsible Status

Diplomatic immunities U.K.

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Sch. 1 Pt. 1 para. 1 repealed by Finance Act 1969 (c. 32), Sch. 21 Pt. IX

2 U.K. In section 1(6) of the M1 Diplomatic 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 “Swaziland”.

Modifications etc. (not altering text)

C1 The text of Sch. Pt. 1 paras. 2 and 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 have been made prior to 1.2.1991

Marginal Citations

M1 1952 c. 18

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Ss. 3,repealed by International Organisations Act 1981 (c. 9, SIF 68:1), Sch 3

Financial U.K.

4 U.K. In section 2(4) of the Import Duties Act 1958, before the words “together with” there shall be inserted the word “Swaziland”.

Modifications etc. (not altering text)

C2 The text of Sch. Pt. 1 paras. 2 and 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 have been made prior to 1.2.1991

Armed forces U.K.

F5 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. para. 5 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C3 The text of Sch. Pt. 1 para. 5 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

6 U.K. In the M2 Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Swaziland as it applies in relation to forces raised in Dominions within the meaning of the M3 Statute of Westminster 1931.

Marginal Citations

M2 1933 c. 6.

M3 1931 c. 4 (22 & 23 Geo. 5.).

7 U.K. In the M4 Visiting Forces Act 1952, in section 1(1)(a) (countries to which that Act applies), at the end there shall be added the words “Swaziland or”, and, until express provision with respect to Swaziland 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 Swaziland.

Marginal Citations

M4 1952 c. 67.

8 (1) In section 84(2) of the M5 Offices, Shops and Railway Premises Act 1963 (exclusion of application to visiting forces) before the words “and any country” there shall be inserted the word “Swaziland”. U.K.

(2) In section 78(2) of the M6 Office and Shop Premises Act (Northern Ireland) 1966 (exclusion of application to visiting forces) before the words “and any country” there shall be inserted the word “Swaziland”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 1 Pt. 1 para. 8(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

Modifications etc. (not altering text)

C4 The text of Sch. Pt. 1 paras. 8(1)(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

M5 1963 c. 41

M6 1966 c. 26 (N.I.)

Copyright U.K.

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

Textual Amendments

F7 Sch. para. 9 repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(2), Sch. 8

F8 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. para. 10 repealed (7.1.2003) by 2002 c. 39, ss. 3, 4(2), Sch. 3

Part II U.K. Exceptions from Section 2(1)

11 U.K. Section 2(1) of this Act shall not apply—

F9 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to the M7 Fugitive Offenders Act 1967.

Textual Amendments

F9 Sch. para. 11(a) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M7 1967 c. 68.

12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. Pt. 11 para. 12 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XIII