Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963
| Jurisdiction | UK Non-devolved |
| Citation | SI 1963/2085 |
| Year | 1963 |
1963No. 2085
RHODESIA AND NYASALAND FEDERATION
The Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 196320thDecember1963
Sections 2 (except subsection (1)) and 17(2), Part III (except sections 42, 43 and 45) Part IV (except sections 48(2), 56, 57 and 59) and section 69Sections 2 (except subsection (1)) and 17(2), Part III (except sections 42, 43 and 45) Part IV (except sections 48(2), 56, 57 and 59) and section 69
21stDecember1963
Remainder
immediately before1stJanuary1964
At the Court at Buckingham Palace, the 20th day of December 1963
Present,
The Queen's Most Excellent Majesty in Council
Whereas the Governments of the Territories or, as the case may require, the Governments of Southern Rhodesia and Northern Rhodesia have agreed that it is expedient that provision hereinafter contained should be made by Order in Council for the exercise of certain functions by institutions or bodies constituted jointly for those Territories:
Now, therefore, Her Majesty, in pursuance of sections 1 and 2(1) of the Rhodesia and Nyasaland Act 1963(a), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:—
PART I
DISSOLUTION OF THE FEDERATION
Dissolution of the Federation.
1. The Federation of Rhodesia and Nyasaland and, with it, the Federal Government, the Federal Legislature and, except as provided in section 19, the other Federal authorities established by the Constitution of the Federation shall be dissolved immediately before 1st January 1964; and accordingly the Constitution of the Federation shall, except as aforesaid, thereupon cease to have effect.
(a) 1963 c. 34.
Continuation and adaptation of existing law.
2.—(1) Subject to the provisions of this section, all law in force in a Territory immediately before the dissolution of the Federation shall continue to have effect as respects that Territory, subject however to amendment or repeal by the Legislature of the Territory or other authority empowered in that behalf.
(2) The Governor of a Territory may, by order made before the dissolution of the Federation, declare that any law of the Federal Legislature specified in the order shall cease to have effect as respects that Territory on the dissolution of the Federation, and that law shall cease to have effect accordingly.
(3) The Governor of a Territory may, by regulation made before 1st July 1964, make as respects that Territory such modifications or adaptations in any law made by the Legislature of the Territory or the Federal Legislature in force immediately before the dissolution of the Federation and continuing to have effect in that Territory as appear to him necessary or expedient in consequence of any provision of this Order:
Provided that this subsection shall not have effect in relation to any of the Acts specified in section 68.
(4) Subsections (1), (2) and (3) shall have effect subject to the other provisions of this Order.
(5) A regulation made under subsection (3) shall have effect from such time, not being earlier than the dissolution of the Federation, as may be specified therein:
Provided that where by virtue of any such regulation a power is conferred to make any regulation, order or appointment or to do any other act, the power may be exercised at any time after the making of the first-mentioned regulation, so however that any regulation, order or appointment made or other act done under the power shall not have effect before the first-mentioned regulation has effect.
(6) In this section, any reference to a law made by any legislature includes a reference to any instrument having the force of law made under such a law.
Constitution of Liquidating Agency.
3.—(1) There is hereby constituted jointly for the Territories an authority which shall be known as the Liquidating Agency.
(2) The Liquidating Agency shall consist of three members, namely the persons for the time being holding or acting in the office of Secretary to the Treasury of Southern Rhodesia, Permanent Secretary to the Ministry of Finance of Northern Rhodesia, and Secretary to the Treasury of Nyasaland, or any office which may be substituted therefor.
(3) A person referred to in subsection (2) may act through a deputy appointed by him.
Agency to be a body corporate.
4. The Liquidating Agency shall be a body corporate and capable of suing and being sued and of purchasing or otherwise acquiring, holding and alienating movable or immovable property and, subject to the provisions of this Order, of doing all such acts as a body corporate may perform.
Procedure and exemptions of Agency.
5.—(1) The Liquidating Agency shall determine its own procedure; and the question whether it has acted in accordance with the procedure so determined shall not be enquired into by any court.
(2) The Liquidating Agency shall be exempt from any law of a Territory imposing taxation, stamp duties or other duties, or registration fees.
Function of Agency.
6.—(1) It shall be the general function of the Liquidating Agency to wind up the affairs of the Federation and, subject to the provisions of this Order, to dispose of its assets and liabilities.
(2) The Liquidating Agency shall have the following particular functions—
(a) to apportion and distribute as may be agreed between the Governments of the Territories the assets and liabilities of the Federation or of any other body vesting in or devolving upon the Agency by virtue of any provision of this Order;
(b) to exercise until 31st March 1965 the functions of the Commissioner of Taxes of levying and collecting taxes on income or profits under the Income Tax Act 1954 or other Act of the Legislature of the Federation, and Territorial surcharge under the Territorial Surcharges Act 1959 of the Federation, in respect of periods of assessment up to and including the period ended on 31st March 1963; and
(c) to collect excise duty and surtax payable under section 122 of the Customs and Excise Act 1955 of the Federation in respect of any month up to and including December 1963.
(3) The Liquidating Agency shall have such further functions as are conferred by any other provision of this Order or, if within the scope of subsection (1), by agreement between the Governments of the Territories.
Powers of Agency.
7. The Liquidating Agency shall have power to do anything which is calculated to facilitate the discharge of its functions or which is incidental or conducive thereto, including in particular, but without prejudice to the generality of the foregoing power, power—
(a) to declare forfeit to the Agency, after three months' notice, any unclaimed moneys or other property held to the order of the Exchange Control Suspense Account of the Federation;
(b) to dispose of outstanding matters in relation to the Commonwealth Assistance Loan under the Federation of Rhodesia and Nyasaland Credit Agreement 1962;
(c) to pay to the Government of a Territory any expenditure incurred by it in the performance of functions on behalf of Territories jointly;
(d) to invest moneys in such bonds, stock or other securities as it may think fit;
(e) to borrow sums required by it for meeting any of its obligations or discharging any of its functions;
(f) to write off debts or settle claims;
(g) to delegate the exercise of any of its functions or powers; and
(h) to arrange for the audit of accounts relating to the winding up of the affairs of the Federation.
Performance of functions and powers of Agency.
8.—(1) Any law in force in a Territory immediately before the dissolution of the Federation shall continue in force in that Territory so far as may be necessary to enable the Liquidating Agency to discharge its functions and exercise its powers under this Order and shall be construed with such modifications and adaptations as may be required for that purpose.
(2) In particular, any provision in any such law conferring or imposing rights, powers or duties on any officer in relation to any matter shall be construed as conferring or imposing such rights, powers or duties on the Liquidating Agency so far as may be necessary to enable it to discharge its functions and exercise its powers in relation to that matter; and the rights, duties and liabilities (including criminal liabilities) of all persons in relation to that matter shall remain as provided by that law.
(3) Nothing in this section shall be construed as giving any person a right of recourse to any court or tribunal mentioned in section 19.
Termination of Liquidating Agency.
9. When the Liquidating Agency is satisfied, with the concurrence of the Governments of the Territories, that it has completed the performance of its functions and made any other arrangements necessary for bringing the Agency to an end, it shall so certify, and thereupon the Agency shall cease to exist.
Property of the Federation.
10.—(1) Freehold property of the Federation situate in a Territory shall on the dissolution of the Federation vest in Her Majesty, or such other person or authority as the Governor of the Territory may by order have designated, for the purposes of the Government of the Territory; and any such property not so situate shall on the dissolution of the Federation vest in the Liquidating Agency.
(2) The movable property of the Federation including currency notes, coin, bonds, securities, money in any bank and other funds shall, unless otherwise provided by this Order or allocated to the Government of a Territory by agreement made before the dissolution of the Federation, vest on the dissolution in the Liquidating Agency.
(3) Property vested by this section shall be vested subject to any liabilities or obligations relating to that property existing immediately before the dissolution of the Federation.
(4) The officer having charge of any register relating to property vested by this section shall, on application, make the required alterations in the register, and endorsements...
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