The Zimbabwe (Independence and Membership of the Commonwealth) (Consequential Provisions) Order 1980

Article 7

THE SCHEDULE

Commonwealth Institute

1.  In section 8(2) of the Imperial Institute Act 1925, as amended by the 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 Zimbabwe”.

Diplomatic Immunities

2.—(1) In section 1(5) of the Diplomatic Immunities (Conferences with Commonwealth Countries and Republic of Ireland) Act 1961, before the word “and” in the last place where it occurs there shall be inserted the word “Zimbabwe”.

(2) Article 2(2) of the Diplomatic Privileges (Citizens of the United Kingdom and Colonies) Order 1964 shall have effect as if there were inserted before the word “and” where it last occurs the word “Zimbabwe”.

Evidence

3.—(1) section 7 of the Evidence Act 1851 shall have effect in relation to Zimbabwe as if the references therein to a British Colony or to persons or things related thereto included a reference to a Commonwealth country and to persons and things related to a Commonwealth country.

(2) The following enactments,

• —section 1 of the Evidence by Commission Act 1859,

• —sections 1 and 5 of the British Law Ascertainment Act 1859, and

• —section 1 of the Evidence (Colonial statutes) Act 1907.

shall have effect in relation to Zimbabwe as if the references therein to Her Majesty's dominions or His Majesty's dominions, or any part thereof, or to persons and things related thereto, included a reference to a Commonwealth country and to persons or things related to a Commonwealth country.

Judgments etc

4.—(1) The following enactments and instrument,

• —Part II of the Administration of Justice Act 1920,

• —section 7 of the Foreign Judgments (Reciprocal Enforcement) Act 1933,

• —section 51 of the Administration of Justice Act 1956,

• —the Reciprocal Enforcement of Judgments (General Application to His Majesty's Dominions etc.) Order 1933.

shall have effect in relation to Zimbabwe as if the references therein to a part of His Majesty's Dominions outside the United Kingdom, or to persons or things related thereto, included a reference to a Commonwealth country and to persons or things related to a Commonwealth country.

(2) The Order in Council(1) made under section 13 of the Administration of Justice Act 1920 on 4 May 1923 in respect of Southern Rhodesia and another territory shall have effect as if the reference to Southern Rhodesia were a reference to Zimbabwe.

Marriage

5.  The Marriage of British Subjects (Facilities) Act 1915 shall have effect in relation to Zimbabwe as if the reference to any part of His Majesty's dominions outside the United Kingdom included a reference to a Commonwealth country; and the Order in Council(2) made under section 2 of that Act on 15 August 1918 in respect of Southern Rhodesia shall have effect as if the reference to Southern Rhodesia were a reference to Zimbabwe.

Prevention of Fraud

6.  Section 26(5) of the Prevention of Fraud (Investments) Act 1958 (construction of references to Her Majesty's dominions) shall have effect as if the words “and Zimbabwe” were omitted.

The Services

7.  In the definitions—

(a) of “Commonwealth force” in section 225(1) of the Army Act 1955 and section 223(1) of the Air Force Act 1955, and

(b) of “Commonwealth country” in section 135(1) of the Naval Discipline Act 1957,

at the end there shall be added the words “or Zimbabwe”.

Ships

8.  In section 427(2) of the Merchant Shipping Act 1894, as set out in section 2 of the Merchant Shipping (Safety Convention) Act 1949, before the words “or in any” there shall be inserted the words “or Zimbabwe”.

Solicitors

9.—(1) The Colonial Solicitors Act 1900 shall have effect in relation to Zimbabwe as if the reference to a British possession included a reference to a Commonwealth country.

(2) The Order in Council(3) made under the Colonial Solicitors Act 1900 on 23rd May 1916 in respect of Southern Rhodesia, and Schedule 1 to the Overseas Solicitors (Admission) Order 1964, shall have effect as if the references therein to Southern Rhodesia were references to Zimbabwe.

Taxation

10.  The Double Taxation Relief (Taxes on Income) (Southern Rhodesia) Order 1965 shall have effect as if the references therein to Southern Rhodesia were references to Zimbabwe.

Visiting forces

11.—(1) In the Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Zimbabwe as it applies to forces raised in Dominions within the meaning of the Statute of Westminster 1931.

(2) In the Visiting Forces Act 1952, in section 1(1)(a) (countries to which the Act applies) at the end there shall be added the words “Zimbabwe or”.

(3) Until express provision with respect to Zimbabwe is made by an Order in Council under section 8 of the Act of 1952 (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 Zimbabwe.

(1)

SR & O 1923/564.

(2)

SR & O 1918/1066.

(3)

SR & O 1916/386.