The Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963

PART VIII MISCELLANEOUS

Modifications of British Nationality Acts

74.—(1) As from the dissolution of the Federation the British Nationality Acts 1948 and 1958have effect as if—

(a) in section 1(3) of the Act of 1948 (which, as amended by the Act of 1958, includes the Federation among Commonwealth countries with separate citizenship from that of the United Kingdom and Colonies) for the words “the Federation of Rhodesia and Nyasaland” there were substituted the words “Southern Rhodesia”; and

(b) any reference in those Acts to a protectorate operated to include the protectorates of Northern Rhodesia and Nyasaland, and any such reference to a period of residence in a protectorate operated, in relation to those protectorates, to include residence therein before the dissolution of the Federation.

(2) Notwithstanding anything in the British Nationality Acts 1948 and 1958, any person who immediately before the dissolution of the Federation is a citizen of the Federation but is not a citizen of the United Kingdom and Colonies shall become a citizen of the United Kingdom and Colonies on the dissolution of the Federation unless the then becomes a citizen of Southern Rhodesia.

Modification of Acts of Parliament and instruments having effect under an Act

75.  The Acts of Parliament and instruments having effect under an Act of Parliament referred to in Schedule III shall have effect subject to the modifications and adaptations specified in the Schedule.

Interpretation

76.—(1) In this Order, except where the context otherwise requires—

“the Federation” means the Federation of Rhodesia and Nyasaland;

“functions” includes duties and powers;

“Governor” includes any person who, under and to the extent of any authority to act therein, is for the time being performing the functions of the office of Governor;

“law” means any provisions having the force of law in any Territory;

“the Territories” means Southern Rhodesia, Northern Rhodesia and Nyasaland, and “Territory” shall be construed accordingly.

(2) Any reference in this Order to an Act of the Federation or an Act or Ordinance of a Territory shall be construed as a reference to that Act or Ordinance as amended by any Act or Ordinance passed before the dissolution of the Federation.

(3) Where any law ceases to have effect by virtue of any provisions of this Order section 38(2) of the Interpretation Act 1889 shall apply to the cesser of that law as it applies to the repeal of an Act of Parliament.

(4) Any reference in this Order to a Schedule, section, subsection or paragraph not otherwise identified is a reference to that Schedule to, or section of, this Order, or to that subsection or paragraph of the section or Schedule in which the reference occurs, as the case may be.

(5) Any regulations or order made under the provisions of this Order shall be published in the official Gazette of the Territory in which they have effect.

(6) 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, and in relation to, Acts of Parliament.

Revocation

77.  The Federation of Rhodesia and Nyasaland Order in Council 1963 is hereby revoked, but without prejudice to any law or regulation made or other thing done by virtue of that Order.

Citation and commencement

78.—(1) This Order may be cited as the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963.

(2) Save as provided in subsection (3), this Order shall come into operation immediately before 1st January 1964.

(3) Sections 2 (except subsection (1)) and 17(2), the provisions of Part III except sections 42, 43 and 45, the provisions of Part IV except sections 48(2), 56, 57 and 59, and section 69 shall come into operation on 21st December 1963.