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Sri Lanka Independence Act 1947

1947 CHAPTER 7 11 and 12 Geo 6

An Act to make provision for, and in connection with, the attainment by[F1 Sri Lanka] of fully responsible status within the British Commonwealth of Nations.

[10th December 1947]

Textual Amendments

F1For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

1 Provision for the fully responsible status of [F2Sri Lanka].U.K.

(1)No Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to [F2Sri Lanka] as part of the law of [F2Sri Lanka], unless it is expressly declared in that Act that [F2Sri Lanka] has requested, and consented to, the enactment thereof.

(2)As from the appointed day His Majesty’s Government in the United Kingdom shall have no responsibility for the government of [F2Sri Lanka].

(3)As from the appointed day the provisions of the First Schedule to this Act shall have effect with respect to the legislative powers of .

Textual Amendments

F2For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

4 Consequential amendments not affecting the law of [F5Sri Lanka].U.K.

(1)As from the appointed day, the Acts and Regulations referred to in the Second Schedule to this Act shall have effect subject to the amendments made by that Schedule . . . F6:

Provided that this subsection shall not extend to [F5Sri Lanka] as part of the law thereof.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F5For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

5 Short title and commencement.U.K.

(1)This Act may be cited as the [F10Sri Lanka] Independence Act 1947.

(2)In this Act the expression “the appointed day” means such day as His Majesty may by Order in Council appoint.

Textual Amendments

F10For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

Modifications etc. (not altering text)

C14.2. 1948 appointed by S.R. & O. 1947/2782 (Rev. III, p. 558: 1947 I, p. 204), art. 2

SCHEDULES

Section 1.

FIRST SCHEDULEU.K. Legislative Powers of [F11Sri Lanka]

Textual Amendments

F11For references to “Ceylon” in this Act there should be substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

1(1)The M1Colonial Laws Validity Act 1865, shall not apply to any law made after the appointed day by the Parliament of [F12Sri Lanka].U.K.

(2)No law and no provision of any law made after the appointed day by the Parliament of [F12Sri Lanka] shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule or regulation made under any such Act, and the powers of the Parliament of [F12Sri Lanka] shall include the power to repeal or amend any such Act, order, rule or regulation in so far as the same is part of the law of [F12Sri Lanka].

Textual Amendments

F12For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

Marginal Citations

2U.K.The Parliament of [F13Sri Lanka] shall have full power to make laws having extra-territorial operation.

Textual Amendments

F13For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

F143U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

4U.K.Without prejudice to the generality of the foregoing provisions of this Schedule, section four of the M2Colonial Courts of Admiralty Act 1890 (which requires certain laws to be reserved for the signification of His Majesty’s pleasure or to contain a suspending clause), and so much of section seven of that Act as requires the approval of His Majesty in Council to any rules of Court for regulating the practice and procedure of a Colonial Court of Admiralty, shall cease to have effect in [F15Sri Lanka].

Textual Amendments

F15For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

Marginal Citations

Section 4.

SECOND SCHEDULEU.K. Amendments not Affecting Law of [F16Sri Lanka]

Textual Amendments

F16For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

3U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Visiting forcesU.K.

5U.K.The following provisions of the M3Visiting Forces (British Commonwealth) Act 1933, namely—

(a)section three (which deals with deserters);

(b)section four (which deals with attachment and mutual powers of command);

(c)the definition of “visiting force” for the purposes of that Act generally which is contained in section eight thereof;

shall apply in relation to forces raised in [F21Sri Lanka] as they apply in relation to forces raised in the Dominions within the meaning of the M4Statute of Westminster, 1931.

Textual Amendments

F21For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

Marginal Citations

Ships and aircraftU.K.

6U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

8U.K.In the M5Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in [F24Sri Lanka].

Textual Amendments

F24For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

Marginal Citations

Matrimonial causesU.K.

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

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