Federation of Rhodesia and Nyasaland Order in Council 1963

JurisdictionUK Non-devolved
CitationSI 1963/1635
Year1963

1963 No. 1635

RHODESIA AND NYASALAND FEDERATION

The Federation of Rhodesia and Nyasaland Order in Council 1963

27thSeptember 1963

30thSeptember 1963

1stOctober 1963

At the Court at Balmoral, the 27th day of September 1963

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 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:—

1.—(1) The power of the Legislature of the Federation of Rhodesia and Nyasaland to make laws shall, on the date appointed, cease to extend to the making of laws with respect to the matters described in the Schedule to this Order (being matters included in the Second Schedule to the Constitution of the Federation, hereinafter called the Constitution, contained in the Annex to the Federation of Rhodesia and Nyasaland (Constitution) Order in Council 1953(b)).

(2) The Legislature of a Territory shall, notwithstanding article 29(2) of the Constitution, have power to make laws for that Territory with respect to duties of customs and excise (including export duties) and taxes on income and profits (being further matters included in the Second Schedule to the Constitution, in respect of which the Legislature of the Federation has exclusive legislative power):

Provided that—

(a) no such law shall have effect before the date appointed;

(b) in the case of a law with respect to taxes on income or profits, it shall relate only to a period of assessment beginning on or after 1st April 1963, and to any such tax due or payable in respect of any such period of assessment.

(3) The date appointed is—

(a) with respect to the matters described in Part I of the Schedule to this Order, the date of coming into operation of this Order;

(b) with respect to the matters described in Part II of the said Schedule, 1st November 1963;

(c) with respect to the matters described in Part III of the said Schedule, 1st December 1963; and

(d) with respect to the matters described in subsection (2) of this section, the day after the date of dissolution of the Federation.

(a) 1963 c. 34.

(b) S.I. 1953/1199 (1953 II, p. 1804).

2. Notwithstanding article 35(1) of the Constitution, but subject to paragraph (b) of the proviso to section 1(2) of this Order, no law of a Territory made after the coming into operation of this Order shall be void by reason only that it amends or repeals as regards that Territory a law of the Federation with respect to a matter described in the Schedule to or in section 1(2) of this Order, with effect from a date not earlier than the date appointed.

3.—(1) Subject to the provisions of this Order, any law with respect to a matter described in the Schedule to or in section 1(2) of this Order, and in force in a Territory immediately before the date appointed, shall continue to have full force and effect as respects that Territory until amended or repealed by the Legislature or other authority empowered in that behalf.

(2) The Governor of a Territory may by regulation make, with effect from a date not earlier than the date appointed, such modifications and adaptations in a law mentioned in subsection (1) of this section as he may...

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