West Indies Act 1967

JurisdictionUK Non-devolved
Citation1967 c. 4


West Indies Act 1967

1967 CHAPTER 4

An Act to confer on certain West Indian territories a new status of association with the United Kingdom, and to enable that status to be terminated at any time; to make provision for other matters in connection with, or consequential upon, the creation or termination of that status or other constitutional changes which may occur in relation to any of those territories; to make further provision as to grants under the Overseas Aid Act 1966; and for purposes connected with the matters aforesaid.

[16th February 1967]

Whereas Constitutional Conferences relating to the colonies specified in section 1(2) of this Act were held in London and the Reports of those Conferences were presented to the Parliament of the United Kingdom in April and June 1966:

And whereas the legislature of each colony concerned has approved the proposals contained in those Reports in so far as they relate to that colony:

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:—

S-1 Status of association with United Kingdom.

1 Status of association with United Kingdom.

(1) On the appointed day each of the territories to which this section applies shall assume, and (subject to the provisions of this Act) shall thereafter maintain, a status of association with the United Kingdom in accordance with the following provisions of this Act.

(2) The territories to which this section applies are those which, immediately before the appointed day, constitute respectively the Colonies of—

(a ) Antigua;

(b ) Dominica;

(c ) Grenada;

(d ) Saint Christopher, Nevis and Anguilla;

(e ) Saint Lucia; and

(f ) Saint Vincent.

(3) A territory to which this section applies shall, on and after the appointed day and so long as its status of association with the United Kingdom has not been terminated, be known as an associated state.

S-2 Limitation of responsibility of Her Majesty's Government in the United Kingdom.

2 Limitation of responsibility of Her Majesty's Government in the United Kingdom.

(1) Subject to the next following subsection, on and after the appointed day Her Majesty's Government in the United Kingdom shall have no responsibility for the government of any associated state except in respect of—

(a ) any matter which in the opinion of Her Majesty's Government in the United Kingdom is a matter relating to defence (whether of an associated state or of the United Kingdom or of any other territory for whose government Her Majesty's Government in the United Kingdom are wholly or partly responsible) or to external affairs;

(b ) any matter relating to nationality or citizenship; and

(c ) any matter relating to the Succession to the Throne or the Royal Style and Titles.

(2) The preceding subsection shall not affect any responsibility of Her Majesty's Government in the United Kingdom in relation to the exercise of—

(a ) any power conferred on Her Majesty by this Act, or

(b ) any other power exercisable by Her Majesty under the law of any associated state.

S-3 Enactment of legislation by Parliament of United Kingdom.

3 Enactment of legislation by Parliament of United Kingdom.

(1) Except as provided by subsections (2) to (4) of this section, no Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to an associated state as part of its law, unless it is expressly declared in that Act that that state has requested and consented to its being enacted.

(2) Where any Act of the Parliament of the United Kingdom contains a provision expressly declaring—

(a ) that that Act, or an enactment contained in it which is specified in that provision, extends to all associated states, or to such one or more associated states as may be so specified, and

(b ) that it is required so to extend in the interests of the responsibilities of Her Majesty's Government in the United Kingdom relating to defence and external affairs,

that Act, or that enactment, as the case may be, shall extend in accordance with that provision notwithstanding anything in the preceding subsection.

(3) Where any Act of the Parliament of the United Kingdom amends the law relating to nationality or citizenship, and contains a provision expressly declaring that the Act, or (where the Act relates also to other matters) an enactment contained in it which amends the law relating to nationality or citizenship and is specified in that provision, extends to all associated states, or to such one or more associated states as may be so specified, the Act, or that enactment, as the case may be, shall extend in accordance with that provision notwithstanding anything in subsection (1) of this section.

(4) Subsection (1) of this section shall not apply to any Act of the Parliament of the United Kingdom, or to any enactment contained in such an Act, in so far as it relates to the Succession to the Throne or the Royal Style and Titles.

(5) Notwithstanding anything in the Interpretation Act 1889 , the expression ‘colony’ in any Act of the Parliament of the United Kingdom passed on or after the appointed day shall not include an associated state.

S-4 Legislative and executive powers of associated states.

4 Legislative and executive powers of associated states.

(1) On and after the appointed day the provisions of Schedule 1 to this Act shall have effect with respect to the legislative powers of an associated state.

(2) The executive authority of the Government of an associated state shall not include any power or duty which the legislature of that state could not lawfully confer or impose on that Government in accordance with Schedule 1 to this Act.

S-5 Provision of new constitutions for associated states.

5 Provision of new constitutions for associated states.

(1) In relation to any territory to which section 1 of this Act applies, Her Majesty may by Order in Council (in this Act referred to as a ‘Constitution Order’) made before the appointed day provide for it a new constitution which (subject to the following provisions of this section) is to come into effect on that day.

(2) The constitution provided by a Constitution Order for a territory to which section 1 of this Act applies may include provision as to the extent to which, and the manner in which, the legislature of the territory may alter—

(a ) that constitution, or any part of that constitution specified in that provision, or

(b ) any other law of a description so specified, in so far as that law has effect as part of the law of that territory.

(3) The constitution provided by a Constitution Order for any such territory may include provision for separate citizenship of that territory which is not to have effect until, on or after the termination of the status of association of that territory with the United Kingdom, it is brought into force in such manner as may be specified in the constitution.

(4) Where the constitution of an associated state provided by a Constitution Order has come into effect, Her Majesty may at any time, by Order in Council made at the request and with the consent of that state, alter that constitution or any part of that constitution, or alter any law which alters that constitution or any part of it.

(5) The last preceding subsection shall have effect without prejudice to any power exercisable by the legislature of an associated state as mentioned in subsection (2) of this section.

(6) The powers conferred by this section shall, in relation to any associated state, have effect in substitution for any other power whereby apart from this section (whether by virtue of section 5 of the West Indies Act 1962 or otherwise) Her Majesty could provide a constitution for that state.

(7) In this section references to altering a constitution or any part of a constitution or to altering any other law include references—

(a ) to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof;

(b ) to modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and

(c ) to suspending its operation for any period, or terminating any such suspension.

S-6 Establishment of common courts for associated states.

6 Establishment of common courts for associated states.

(1) Her Majesty may by Order in Council made before the appointed day provide for the establishment of one or more courts which, on and after that day or such later day as may be specified in, or determined in accordance with, the Order, shall be courts constituted in common for the territories to which section 1 of this Act applies, and may by that Order provide that any such court shall, in relation to any of those territories, have such jurisdiction and powers as may be so specified or determined.

(2) An Order in Council under this section may include provision whereby, in relation to Montserrat or the Virgin Islands, any court established under the Order shall have such jurisdiction and powers, and there shall be imposed or conferred on judges and officers of any such court such duties and powers, as may be specified in, or determined in accordance with, the Order.

(3) An Order in Council under this section may include provision—

(a ) for the establishment in common for the territories to which section 1 of this Act applies of a commission having such duties and powers in relation to any...

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