Uganda Independence Act 1962

1962 CHAPTER 57 10 and 11 Eliz 2

An Act to make provision for, and in connection with, the attainment by Uganda of fully responsible status within the Commonwealth.

[1st August 1962]

1 Provision for fully responsible status of Uganda. U.K.

(1) On the ninth day of October, nineteen hundred and sixty-two (in this Act referred to as “the appointed day”), the territories which at the passing of this Act are comprised in the Uganda Protectorate (that is to say, all those territories which, whether designated as kingdoms, districts or otherwise, are specified in section one of the Constitution set out in the Second Schedule to the existing Constitution Order, and whose Boundaries are as mentioned in section two of that Constitution) shall together form part of Her Majesty’s dominions under the name of Uganda; and as from the appointed day Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of Uganda or any part thereof.

(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 Uganda or any part of Uganda, as part of the law thereof; and as from that day the provisions of the First Schedule to this Act shall have effect with respect to legislative powers in Uganda.

(3) The agreements which, in the Second Schedule to this Act, are specified by their titles as mentioned in that Schedule, and any agreement (whether made before or after the passing of this Act) whereby any of those agreements is varied or superseded, shall cease to have effect as from the appointed day.

(4) Subsection (1) of this section shall not affect the operation in Uganda or any part thereof of any enactment, or any other instrument having the effect of law, passed or made before the appointed day.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 2 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

3 Consequential modification of other enactments. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2) The expression “colony” in the Army M1 Act 1955, the Air Force M2 Act 1955, and Naval Discipline M3 Act 1957 shall not include Uganda or any part thereof; and, as from the appointed day, in the definitions of “Commonwealth force” in subsection (1) of section two hundred and twenty-five and subsection (1) of section two hundred and twenty-three respectively of the said Acts of 1955, and in the definition of “Commonwealth country” in subsection (1) of section one hundred and thirty-five of the said Act of 1957, at the end there shall be added the words “or Uganda.”

(3) No Order in Council made on or after the appointed day under section one of the Army and Air Force M4 Act 1961 shall operate to continue either of the said Acts of 1955 in force as part of the law of Uganda or any part thereof.

(4) As from the appointed day, the provisions specified in the Third Schedule to this Act shall have effect subject to the amendments respectively specified in that Schedule, . . . F3

(5) The last preceding subsection shall not extend to Uganda, or any part of Uganda, as part of the law thereof.

Textual Amendments

F2 S. 3(1) repealed by Interpretation Act 1978 (c. 30 SIF 115:1), Sch. 3

F3 Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VI.

Marginal Citations

M1 1955 c. 18(7:1).

M2 1955 c. 19(7:1).

M3 1957 c. 53(7:1).

M4 1961 c. 52(7:1).

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 4 repealed by Kenya Independence Act 1963 (c. 54, SIF 26:19), s. 5(2)

5 Interpretation. U.K.

(1) In this Act “the existing Constitution Order” means the Uganda (Constitution) Order in M5 Council 1962 made on the twenty-sixth day of February, nineteen hundred and sixty-two.

(2) References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

Marginal Citations

M5 S.I. 1962 No. 405.

6 Short title. U.K.

This Act may be cited as the Uganda Independence Act 1962.

SCHEDULES

Section 1.

FIRST SCHEDULE U.K. LEGISLATIVE POWERS IN UGANDA

1 U.K. The Colonial Laws Validity M6 Act 1865 shall not apply to any law made by any legislature established for Uganda or any part thereof.

Marginal Citations

M6 1865 c. 63. (26:1).

2 U.K. No law and no provision of any law made on or after the appointed day by any such 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 any such 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 Uganda or any part thereof and in so far as it relates to matters within the legislative powers of that legislature.

3 U.K. Any legislature established for Uganda or any part thereof shall have full power to make laws having extra-territorial operation, so far as those laws relate to matters within the legislative powers of that legislature.

4 Without prejudice to the generality of the preceding provisions of this Schedule, sections seven hundred and thirty-five and seven hundred and thirty-six of the Merchant Shipping M7 Act 1894 shall be construed as if references therein to the legislature of a British possession did not include references to any legislature established for Uganda or any part thereof.

Marginal Citations

M7 1894 c. 60(111).

5 (1) Nothing in this Act shall confer on any legislature established for Uganda or any part thereof any power to repeal, amend or modify the constitutional provisions otherwise than in such manner as may be provided for in those provisions. U.K.

(2) In this paragraph “the constitutional provisions” means the following, that is to say—

(a) this Act;

(b) any Order in Council revoking the existing Constitution Order and establishing a new constitution for Uganda as from the appointed day;

(c) any law, or instrument made under a law, of any legislature established for Uganda or any part thereof which, being a law or instrument made on or after the appointed day, amends, modifies, re-enacts with or without amendment or modification, or makes different provision in lieu of, any provisions of this Act, of the Order in Council first mentioned in this sub-paragraph, or of any such law or instrument previously made.

Section 1.

SECOND SCHEDULE U.K. AGREEMENTS REFERRED TO IN SECTION 1 (3)

1 U.K. The Uganda Agreement (Clan Cases),1924.

2 U.K. The Bunyoro Agreement, 1955.

3 U.K. The Buganda Agreement, 1961.

4 U.K. The Toro Agreements, 1900 to 1961 (that is to say, the agreements which in accordance with the Toro (Provisional) Agreement, 1961, may be cited together by that title).

5 U.K. The Ankole Agreement, 1901; the Ankole Agreement (Boundaries) 1914; the Ankole Agreement (Boundaries) 1923; and the Ankole Agreement, 1941.

Note.—The titles specified in paragraphs 1 to 3 of this Schedule, and the title “The Toro (Provisional) Agreement,1961”, are those by which the agreements in question provide that they may be cited; and the titles specified in paragraph 5 of this Schedule are those by which the agreements in question provide that they may be cited or by which they are commonly known.

Section 3.

THIRD SCHEDULE U.K. AMENDMENTS NOT AFFECTING THE LAW OF UGANDA

Diplomatic immunities U.K.

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Sch. 3 para. 1 repealed by Finance Act 1969 (c. 32, SIF 63: 1), Sch. 21 Pt. IX

2 U.K. In subsection (6) of section one of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act, 1952, before the words “and the Republic of Ireland” there shall be inserted the word “Uganda”.

Modifications etc. (not altering text)

C1 The text of Sch. 3 para. 2, which is spent, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 3 para. 3 repealed by International Organisations Act 1981 (c. 9, SIF 68:1), Sch.

Financial U.K.

4 U.K. In subsection (4) of section two of the Import Duties Act, 1958, before the words “together with” there shall be inserted the word “Uganda”.

Modifications etc. (not altering text)

C2 The text of Sch. 3 paras. 4, 7, 8 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Visiting forces U.K.

5 U.K. In the Visiting Forces (British Commonwealth) M8 Act 1933 section four (which deals with attachment and mutual powers of command) shall apply in relation to forces raised in Uganda as it applies in relation to forces raised in Dominions within the meaning of the Statute of M9 Westminster 1931.

Marginal Citations

M8 1933 c. 6 (7:3).

M9 1931 c. 4 (22 & 23 Geo. 5)(26:1).

6 U.K. In the Visiting Forces M10 Act 1952—

(a) in paragraph (a) of subsection (1) of section one (which specifies the countries to which that Act applies) at the end there shall be added the words “Uganda, or”;

(b) in paragraph (a) of subsection (1) of section ten the expression “colony” shall not include Uganda or any part thereof;

and, until express provision with respect to Uganda is made by 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 Uganda.

Marginal Citations

M10 1952 c. 67 (7:3).

Ships and aircraft U.K.

7 In subsection (2) of section four hundred and twenty-seven of the Merchant Shipping Act, 1894, as substituted by section two of the Merchant Shipping (Safety Convention) Act, 1949, before the words “or in any” there shall be inserted the words “or Uganda”.

Modifications etc. (not altering text)

C3 The text of Sch. 3 paras. 4, 7, 8 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8 In the proviso to subsection (2) of section six of the Merchant Shipping Act, 1948, at the end there shall be added the words “or Uganda”.

Modifications etc. (not altering text)

C4 The text of Sch. 3 paras. 4, 7, 8 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 3 para. 9 repealed by Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60, SIF 99:6), Sch. 2

10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 3 para. 10 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

11 U.K. In the Whaling Industry (Regulation) M11 Act 1934 the expression “British ship to which this Act applies” shall not include a British ship registered in Uganda.

Marginal Citations

M11 1934 c 49 (52:3).

12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 3 para. 12 repealed by Civil Aviation Act 1971 (c. 75), Sch. 11

13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 3 para. 13 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2

Commonwealth Institute U.K.

14 In subsection (2) of section eight of the Imperial Institute Act, 1925, as amended by the Commonwealth Institute Act, 1958 (which relates to the 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 Uganda”.

Modifications etc. (not altering text)

C5 The text of Sch. 3 paras. 4, 7, 8 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.