Tanganyika Independence Act 1961
1961 c.1
An Act to make provision for, and in connection with, the attainment by Tanganyika of fully responsible status within the Commonwealth.
1 Fully responsible status of Tanganyika.
1
On the ninth day of December, nineteen hundred and sixty-one (in this Act referred to as the appointed day) Tanganyika (the limits of which are defined in Article 1 of the Tanganyika Order in [S.R. & O. 1920 No. 1583.] Council, 1920) shall become part of Her Majesty’s dominions under the name of Tanganyika and as from that day Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of Tanganyika.
2
No Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to Tanganyika as part of the law thereof, and the provisions of the First Schedule to this Act shall have effect as from that day with respect to the legislative powers of Tanganyika.
3
Subsection (1) of this section shall not affect the operation in Tanganyika of any enactment, or any other instrument having the effect of law, passed or made before the appointed day, or be taken to extend any such enactment or instrument to Tanganyika as part of the law thereof.
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3 Consequential modification of other enactments.
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F183
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As from the appointed day, the provisions specified in the Second Schedule to this Act shall have effect subject to the amendments respectively specified in that Schedule, . . . F3
This subsection shall not extend to Tanganyika as part of the law thereof.
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5 Short title and interpretation.
1
This Act may be cited as the Tanganyika Independence Act, 1961.
2
References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.
SCHEDULES
FIRST SCHEDULE Legislative Powers of Tanganyika
1
The M1Colonial Laws Validity Act 1865, shall not apply to any law made by the legislature of Tanganyika.
2
No law and no provision of any law made 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 Tanganyika.
3
The legislature of Tanganyika shall have full power to make laws having extra-territorial operation.
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5
Nothing in this Act shall confer on the legislature of Tanganyika any power to repeal, amend or modify the constitutional provisions otherwise than in such manner as may be provided for in those provisions.
In this paragraph “the constitutional provisions” means this Act, any Order in Council made before the ed day which revokes the Tanganyika Orders in Council, 1920 to 1961 and the Tanganyika (National Assembly) Orders in Council, 1926 to 1961, and any law, or instrument made under a law, of the legislature of Tanganyika made on or after appointed day which amends, modifies, re-enacts with or without amendment or modification, or makes different provision in lieu of, any provisions of this Act, that Order in Council or any such law or instrument previously made.
SECOND SCHEDULE Amendments not Affecting the Law of Tanganyika
Diplomatic immunities
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C22
In subsection (6) of section one of the M2Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act, 1952, after the words “Sierra Leone” there shall be inserted the word “Tanganyika”.
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Financial
C34
In subsection (4) of the M3Import Duties Act, 1958, after the words “Sierra Leone” there shall be inserted the word “Tanganyika”.
Visiting forces
5
In the M4Visiting Forces (British Commonwealth) Act 1933, section four (which deals with attachment and mutual powers of command) and the definition of “visiting force” for the purposes of that Act which is contained in section eight thereof shall apply in relation to forces raised in Tanganyika as they apply in relation to forces raised in Dominions within the meaning of the M5Statute of Westminster 1931.
6
In the M6Visiting Forces Act 1952—
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(a) in paragraph (a) of subsection (1) of section one (which specifies the countries to which that Act applies) the word “or” in the first place where it occurs shall be omitted, and at the end there shall be added the words “Tanganyika or”;
b
in paragraph (a) of subsection (1) of section ten the expression “colony” shall not include Tanganyika;
and, until express provision with respect to Tanganyika is made by an Order in Council under section eight of that Act (which relates to the 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 Tanganyika.
Ships and aircraft
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11
In the M7Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Tanganyika.
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Copyright
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Commonwealth Institute
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Power to repeal Act (except s. 1) given by Tanzania Act 1969 (c. 29), s. 5