South Africa Act 1962

SECOND SCHEDULE Provisions for continuing operation of certain enactments in relation to Republic

Colonial probates

1 The Colonial Probates Act, 1892, shall apply in relation to the Republic as it applies in relation to a British possession; and any Order in Council in force under that Act in relation to the Republic immediately before the commencement of this Act shall continue in force accordingly.

Maintenance orders

2 (1) The Maintenance Orders (Facilities for Enforcement) Act, 1920, shall apply in relation to the Republic as it applies in relation to a part of Her Majesty's dominions ; and any Order in Council in force under that Act in relation to the Republic immediately before the commencement of this Act shall continue in force accordingly.

(2) For the purposes of the application of the said Act in relation to the Republic in accordance with the foregoing sub-paragraph, references in that Act to the governor of a part of Her Majesty's dominions shall, in the case of the Republic, be construed as references to the Minister of Justice.

3 In subsection (1) of section one of the Naval Forces (Enforcement of Maintenance Liabilities) Act, 1947 (deductions from pay in respect of liabilities for maintenance, etc.) the reference to an order or decree of any court in Her Majesty's dominions shall be construed as including a reference to an order or decree (whenever made) of any court in the Republic ; and any Order in Council made under section three of the Naval and Marine Pay and Pensions Act, 1865, before the commencement of this Act shall be construed accordingly.

Companies' registers

4 (1) Sections one hundred and nineteen to one hundred and twenty-one of the Companies Act, 1948, and sections one hundred and sixteen to one hundred and eighteen of the Companies Act (Northern Ireland), 1960 (" dominion registers ") and section one hundred and twenty-three of the Companies Act, 1948 (branch registers of " dominion" companies kept in Great Britain) shall apply in relation to the Republic as they apply in relation to a part of Her Majesty's dominions.

(2) The references in the foregoing sub-paragraph to provisions of the said Act of 1948 and of the said Act of 1960 shall be construed as including references to any corresponding provisions in force at the commencement of this Act which are contained in any enactment, royal charter or other instrument constituting or regulating any body corporate incorporated in, and having its principal office or a principal place of business in, Great Britain or Northern Ireland.

Sugar

5 (1) Paragraph (b) of subsection (2) of section one of the Sugar Act, 1956 (establishment and principal functions of Sugar Board) shall apply to sugar exported or to be exported from the territories of the Republic as it applies in relation to Commonwealth sugar.

(2) Any profit or loss realised by the Minister of Agriculture, Fisheries and Food in connection with sugar purchased by the Sugar Board, as agents for him, in pursuance of any agreement made before the commencement of this Act between that Minister and the South African Sugar Association shall be paid over to or made good by the Board ; and any payments made to or by the Board by virtue of this provision shall be credited or debited to its revenue account.

Commonwealth preference

6 For the purposes of the Import Duties Act, 1958, the Republic shall, subject to the general power of exclusion conferred by subsection (5) of section two of that Act, continue to form part of the Commonwealth preference area; and accordingly in the said section two—

(a) in subsection (4), the words " and the Union of South Africa" shall be omitted, and for the words " and the Republic of Ireland " there shall be substituted the words " the Republic of Ireland and the Republic of South Africa " ; and

(b) in subsection (9), for the words " the Union of South Africa " there shall be substituted the words " the Republic of South Africa ".