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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
There are effects on this legislation that have not yet been applied to SLD for the following years: 2006 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.
An Act to make further provision for the naval defence of overseas territories.
[9th March 1949]
C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
(1)In this Act the expression “the principal Act” means the Colonial Naval Defence Act, 1931 (which makes provision in section one as to the maintenance and use of warships by a colony and in section two as to the discipline and liability to service of naval forces raised by a colony).
(2)The legislature of a colony may provide for raising a force jointly with other colonies for their naval defence within the territorial waters of all or any of them, and the principal Act as amended by the following subsections shall apply in relation to any force so raised as it applies in relation to a force raised by a colony for its naval defence within its own territorial waters.
(3)The principal Act and this Act, as they apply in relation to a colony, shall apply also in relation—
(a)to any territory not forming part of His Majesty’s dominions but being a territory in which His Majesty has jurisdiction, other than a territory for the time being administered by His Majesty’s Government in a Dominion within the meaning of the M1Statute of Westminster, 1931; and
(b)to any group of territories to which the principal Act applies, where there is a common legislature for the group with power to legislate for their defence.
(4)Any power conferred by subsection (1) of section two of the principal Act on a legislature to provide that any officers or men shall form part of the Royal Naval Reserve, . . . F1shall include power to provide for their forming part of any division of that Reserve . . . F1.
(5)Subsection (1) of section two of the principal Act shall confer the like powers on a legislature where the legislature is making provision for raising a force as it does where the legislature has already made provision therefor.
(6)Nothing in the principal Act shall be deemed to require the assent of His Majesty in Council before the legislature of a colony may make provisions in exercise of any power conferred by the principal Act or this Act, but no provision so made by a legislature shall have effect unless or until it is approved by His Majesty in Council.
(7)Any reference in the principal Act or this Act to the territorial waters of any territory or group shall include any inland waters.
F1Words repealed by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20 Sch. 5 Pt. II
M11931 c. 4 (22 & 23 Geo. 5).
This Act may be cited as the Colonial Naval Defence Act, 1949, and this Act and the principal Act may be cited together as the M1Colonial Naval Defence Acts, 1931 and 1949.
Colonial Naval Defence Act 1949