| Jurisdiction | UK Non-devolved |
| Citation | 1973 c. 48 |
| Year | 1973 |
An Act to make provision in connection with Pakistan's withdrawal from the Commonwealth.
[25th July 1973]
Whereas Pakistan on 23rd March 1956 became a Republic while remaining a member of the Commonwealth, but on 30th January 1972 withdrew from the Commonwealth:
Be it therefore 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 Nationality.
(1) In section 1(3) of the British Nationality Act 1948 (which specifies the countries whose citizens are by virtue of that citizenship British subjects) the word ‘Pakistan’ is hereby repealed; and accordingly any person who, immediately before the commencement of this Act, was a British subject by virtue only of his citizenship of Pakistan shall cease to be a British subject at the commencement of this Act.
(2) The Acts specified in Schedule 1 to this Act shall have effect subject to the amendments specified in column 2 of that Schedule, being amendments preserving the operation of certain provisions in cases where in future a British subject without citizenship, or the wife or former wife of a British subject without citizenship, becomes a citizen of Pakistan.
(3) The transitional provisions contained in Schedule 2 to this Act shall have effect as to applications by citizens of Pakistan for registration as citizens of the United Kingdom and Colonies.
(4) It is hereby declared, in pursuance of section 3(3) of the West Indies Act 1967 , that this section extends to all associated states.
2 Commonwealth preference area.
2. For the purposes of the Import Duties Act 1958Pakistan shall, subject to the general power of exclusion conferred by section 2(5) of that Act, continue to form part of the Commonwealth preference area; and accordingly in section 2(4) of that Act the word ‘Pakistan’ is hereby repealed, and for the words ‘and the Republic of South Africa’ there shall be substituted ‘the Republic of South Africa and Pakistan’.
3 Temporary saving from disability.
(1) Until the expiration of the period of twelve months beginning with the commencement of this Act, a citizen of Pakistan shall not be subject, in respect of any office, place, or employment held by him at the commencement of this Act, or any qualification to act in any capacity in which he was acting at the commencement of this Act, to any disability imposed in the case of aliens by or by virtue of any of the following enactments, that is to say—
(a ) section 3 of the Act of Settlement ;
(b ) sections 4 to 6 of the Aliens Restriction (Amendment) Act 1919 ;
(c ) section 88 of the Patents Act 1949 , or any rules made for the purposes of that section;
(d ) any Act of the Parliament of Northern Ireland, or any regulations in force under any such Act.
(2) For the purposes of subsection (1) above, a person who at the commencement of this Act was on leave or otherwise temporarily absent from employment in any capacity mentioned in section 5(1) of the Aliens Restriction (Amendment) Act 1919 (master, etc., of British merchant ship) shall be treated as if he were employed in such employment at the commencement of this Act; and where subsection (1) above applies to any person in respect of any office, place or employment held by him at the commencement of this Act, it shall apply to him also in respect of any office, place or employment to or in which he may be appointed thereafter by way of re-engagement or transfer.
(3) If, at the expiration of the period of twelve months mentioned in subsection (1) above, the said person is awaiting determination of an application by him for registration as a citizen of the United Kingdom and Colonies, that subsection shall apply as if for the period of twelve months specified therein there were substituted a period expiring on the determination of his application.
(4) A person who by virtue of section 1(1) above ceases to be a British subject shall not for that reason be precluded from remaining a member of a local authority until his membership ceases on some other ground.
(5) A person who by virtue of section 1(1) above ceases to be a British subject—
(a ) if at the commencement of this Act he is registered in a register of parliamentary electors or local government electors, shall be treated as remaining a British subject for the purposes of any election at which that register is used;
(b ) if on the qualifying date for a parliamentary or local government election held within the period of twelve months beginning with 16th February 1974—
(i) he is awaiting determination of an application for his registration as a citizen of the United Kingdom and Colonies, and
shall be treated as a British subject for the purposes of any election at which a register of parliamentary electors or local government electors published in 1974 is used.
(6) The Representation of the People Regulations 1969 , the Representation of the People (Northern Ireland) Regulations 1969 and the Representation of the People (Scotland) Regulations 1969 shall each have effect as if the requirements that may be made under regulation 23(1), regulation 10(1) and regulation 24(1) respectively included a requirement that a person who asserts that he is entitled to be registered by virtue of subsection (5) above should make a statutory declaration as to any fact relevant in establishing that entitlement.
4 Further transitional provisions, repeals, savings, etc.
(1) The further transitional provisions contained in Schedule 3 to this Act shall have effect.
(2) The enactments specified in columns 1 and 2 of Schedule 4 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
(3) In the Schedule to the Imperial War Museum Act 1920 , in paragraph (i), for the words ‘twenty-four other members’ there shall be substituted the words ‘twenty-three other members’ and in the Table set out in that paragraph the words ‘the Government of Pakistan’ and the corresponding figure ‘1’ in column 1 are hereby repealed; but these amendments shall not affect the power to vary the said paragraph 1 conferred by section 1 of the Imperial War Museum Act 1955 .
(4) The references to Pakistan in Schedule 1 to the Maintenance Orders (Facilities for Enforcement) Order 1959 , in article 3(3) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 , and in the Schedule to the Fugitive Offenders (Designated Commonwealth Countries) Order 1967 shall be deleted; but nothing in this Act shall affect the operation of a maintenance order registered in or confirmed by a court in England and Wales or Northern Ireland.
(5) The validity of any decree or order made under the Indian and Colonial Divorce Jurisdiction Acts 1926 and 1940, and the operation of the Reciprocal Enforcement of Judgments (Pakistan) Order 1958 shall not be affected by Pakistan's withdrawal from the Commonwealth or anything contained in this Act.
5 Northern Ireland.
(1) For the purposes of section 6 of the Government of Ireland Act 1920 (conflict of laws) this Act, so far as it relates to any enactment of the Parliament of Northern Ireland or any other matter concerning Northern Ireland, shall be deemed to be an Act passed before the appointed day within the meaning of that section.
(2) In the Office and Shop Premises Act (Northern Ireland) 1966 is hereby repealed.
6 Citation, interpretation, etc.
(1) This Act may be cited as the Pakistan Act 1973.
(2) For the purposes of this Act an application for registration as a citizen of the United Kingdom and Colonies shall be treated as determined when it is granted, or written notice of its refusal is given to the applicant or another person on his behalf, or sent to him at his last-known address.
(3) Any reference in this Act to any other Act shall, unless the context otherwise requires, be construed as a reference to that Act as amended by or under any other enactment.
(4) This Act shall come into operation on 1st September 1973.
S C H E D U L E S
SCHEDULE 1
Consequential Amendments as to Nationality
| Act | Amendment |
|
In section 13(1), after ‘Eire’ in the second place where it occurs, there shall be inserted ‘or Pakistan’. In Schedule 3, the following shall be inserted at the end of paragraph 3— ‘Provided that this paragraph shall not apply... |
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