Colonial Laws Validity Act 1865
| Jurisdiction | UK Non-devolved |
| Citation | 1865 c. 63 |
| Year | 1865 |
(28 & 29 Vict.) C A P. LXIII.
[29th June 1865]
'WHEREAS Doubts have been entertained respecting the Validity of divers Laws enacted or purporting to have been enacted by the Legislatures of certain of Her Majesty's Colonies, and respecting the Powers of such Legislatures, and it is expedient that such Doubts should be removed:'
Be it hereby enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1 Definitions: ‘Colony:’
1. The Term ‘Colony’ shall in this Act include all of Her Majesty's Possessions abroad in which there shall exist a Legislature, as herein-after defined, except the Channel Islands, theIsle of Man , and such Territories as may for the Time being be vested in Her Majesty under or by virtue of any Act of Parliament for the Government of India:
The Terms ‘Legislature’ and ‘Colonial Legislature’ shall severally signify the Authority, other than the Imperial Parliament or Her Majesty in Council, competent to make Laws for any Colony:
The Term ‘Representative Legislature’ shall signify any Colonial Legislature which shall comprise a Legislative Body of which One Half are elected by Inhabitants of the Colony:
The Term ‘Colonial Law’ shall include Laws made for any Colony either by such Legislature as aforesaid or by Her Majesty in Council:
An Act of Parliament, or any Provision thereof, shall, in construing this Act, be said to extend to any Colony when it is made applicable to such Colony by the express Words or necessary Intendment of any Act of Parliament:
The Term ‘Governor’ shall mean the Officer lawfully administering the Government of any Colony:
The Term ‘Letters Patent’ shall mean Letters Patent under the Great Seal of the United Kingdom ofGreat Britain and Ireland .
2 Colonial Law when void for Repugnancy.
2. Any Colonial Law which is or shall be in any respect repugnant to the Provisions of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of such Act, shall be read subject to such Act, Order, or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely void and inoperative.
3 Colonial Law when not void for Repugnancy.
3. No Colonial Law shall be or be deemed to have been void or inoperative on the Ground of Repugnancy to the Law ofEngland , unless the same shall be repugnant to the Provisions of...
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