SCHEDULES

FIRST SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

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SECOND SCHEDULEU.K. Provisions for continuing operation of certain enactments in relation to Republic

Colonial probatesU.K.

1U.K.The M1Colonial 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.

Marginal Citations

Maintenance ordersU.K.

[F22(1)The M2Maintenance 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.]

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 2 para. 2 amended (1. 4. 1992) to transfer functions of the Secretary of State arising by virtue of Sch. 2 para. 2 to the Lord Chancellor by S.I. 1992/709 arts. 4(1)(b)(i) and 4(2).

Marginal Citations

3In subsection (1) of section one of the M3Naval 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 M4Naval and Marine Pay and Pensions Act 1865 before the commencement of this Act shall be construed accordingly.

Marginal Citations

Companies’ registersU.K.

[F34U.K.In their application to the Republic, Article 370 of, and Schedule 14 to, the Companies (Northern Ireland) Order 1986 should be construed as including 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 principal place of business in, Great Britain or Northern Ireland.]

5U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Commonwealth preferenceU.K.

6U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

THIRD SCHEDULEU.K. Transitional Provisions and Savings

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

SolicitorsU.K.

5(1)Where any person being an attorney of the Supreme Court of South Africa or of any local division thereof (within the meaning or the Order of 1919)—

(a)has before the commencement of this Act complied with the requirements of clause (2) of that Order as to the leaving of documents; or

(b)is at the commencement of this Act serving bona fide as a clerk to a solicitor in England in pursuance of subsection (1) of section four of the M5Solicitors Act 1957

the provisions of the said subsection (1) or of section one of the M6Colonial Solicitors Act 1900 (as the case may require) and of the said Order shall continue to apply to him as if the Republic were a part of Her Majesty’s dominions.

(2)In this paragraph “the Order of 1919” means the Order in Council made under the M7Colonial Solicitors Act 1900 and dated the 14th day of January, 1919 (S.R. & O. 1919 No. 67) as amended (in its application to England) by Orders in Council dated the 16th day of April, 1923 (S.R. & O. 1923 No. 480) and the 6th day of May, 1938 (S.R. & O. 1938 No. 495); and the power of Her Majesty to revoke or vary Orders in Council under the said Act and under section four of the M8Solicitors’ Act 1957 shall include power to revoke or vary the Order of 1919 so far as continued in force by this paragraph.

Merchant shipping—certificates of competencyU.K.

6(1)A certificate of competency as—

(a)master, first mate or second mate of a foreign-going ship within the meaning of the M9Merchant Shipping Act 1894; or

(b)first-class or second-class engineer; or

(c)first-class or second-class motor engineer,

granted under the Merchant Shipping (Certificates of Competency) Act 1925 (an enactment of the legislature of the Republic) and any equivalent certificate of competency granted under the Merchant Shipping Act 1951 (an enactment of the said legislature), being a certificate granted by the appropriate authority on or after the first day of July, nineteen hundred and twenty-eight, but before the commencement of this Act, shall be of the same force as if it had been granted in the United Kingdom under the said Act of 1894.

(2)The provisions of the said Act of 1894 which relate to certificates of competency granted under that Act (except those relating to certificates for a home-trade passenger ship, and section one hundred and one) shall apply to any such certificate as is described in the foregoing paragraph, and to any certificate certified by the Registrar-General of Shipping and Seamen to have been issued by the proper authority after the commencement of this Act in place of such a certificate.

(3)In this paragraph “the proper authority” means the authority for the time being empowered by the legislature of the Republic to grant certificates of competency under the enactments of that legislature relating to merchant shipping.

Marginal Citations