Gambia Independence Act 1964

• Citation: 1964 c. 93
• Sections: 22

Section 1 Fully responsible status of The Gambia.

(1) On and after 18th February, 1965 (in this Act referred to as “ the appointed day ”) all those territories which immediately before the appointed day are comprised either in the Colony of the Gambia or in the Protectorate of the Gambia shall together form part of Her Majesty’s dominions under the name of The Gambia; and on and after that day Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of those territories.

(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 The Gambia as part of its law; and on and after that day the provisions of Schedule 1 to this Act shall have effect with respect to the legislative powers of The Gambia.

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

Section 4 Consequential modification of other enactments.

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(4) On and after the appointed day the provisions specified in Schedule 2 to this Act shall have effect subject to the amendments respectively specified in that Schedule, . . .

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

(6) . . . , Schedule 2 to this Act and . . . subsection (4) of this section shall not extend to The Gambia as part of its law.

Section 6 Interpretation.

(1) In this Act “ the existing Constitution Order ” means the Gambia (Constitution) Order in Council 1962 as amended by the Gambia (Constitution) (Amendment) Order in Council 1963 and by the Gambia (Constitution) (Amendment) Order 1964 and by any further Order in Council made before the appointed day.

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

Section 7 Short title.

This Act may be cited as the Gambia Independence Act 1964.

Section 1

The Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of The Gambia.

Section 2

No law and no provision of any law made on or after the appointed day 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 The Gambia.

Section 3

The legislature of The Gambia shall have full power to make laws having extra-territorial operation.

Section 4

Without prejudice to the generality of the preceding provisions of this Schedule—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 4 of the Colonial Courts of Admiralty Act 1890 (which requires certain laws to be reserved for the signification of Her Majesty’s pleasure or to contain a suspending clause) and so much of section 7 of that Act as requires the approval of Her 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 The Gambia.

Section 5

Nothing in this Act shall confer on the legislature of The Gambia any power to repeal, amend or modify the constitutional provisions otherwise than in such manner as may be provided for in those provisions; and for the purposes of 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 providing for a new constitution for The Gambia to come into effect on the appointed day;

(c) any law, or instrument made under a law, of the legislature of The Gambia 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 paragraph, or of any such law or instrument previously made.

Section 1

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Section 2

In section 1(6) 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 words “The Gambia”.

Section 3

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Section 4

In section 2(4) of the Import duties Act 1958, before the words “together with” there shall be inserted the words “The Gambia”.

Section 5

In the Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in The Gambia as it applies in relation to forces raised in Dominions within the meaning of the Statute of Westminster 1931.

Section 6

In the Visiting Forces Act 1952—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in section 10(1)( a ) the expression “colony” shall not include The Gambia or any part thereof;

and, until express provision with respect to The Gambia is made by Order in Council under section 8 of that Act (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 The Gambia.

Section 7

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Section 8

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Section 9

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Section 10

In the Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in The Gambia.

Section 11

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Section 12

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Section 13

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