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Revised Statute from The UK Statute Law Database

Malawi Independence Act 1964 (c. 46)

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 It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.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.

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Malawi Independence Act 1964

1964 CHAPTER 46

An Act to make provision for and in connection with the attainment by Nyasaland of fully responsible status within the Commonwealth.

[10th June 1964]

1 Fully responsible status of Malawi

(1)On and after 6th July 1964 (in this act referred to as “the appointed day”) the territories which immediately before the appointed day are comprised in the Nyasaland protectorate shall together form part of Her Majesty’s dominions under the name of Malawi; and on and after that day Her Majaesty’s Government in the United Kingdom shall have no responsibility for the government of those territories.

(2)No Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend or be deemed to extend to Malawi as part of its law; and on and after that day the provisions of Schedule 1 to this Act shall have effect with respect to legislative powers in Malawi.

(3)Subsection (1) of this section shall not affect the operation in Malawi of any enactment or any other instrument having the effect of law passed or made before the appointed day, or be taken to extend any such enactment or instrument to Malawi as part of its law.

2, 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 2, 3 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

4 Consequential modification of other enactments

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)On and after the appointed day the expression “colony” in the Army M1Act 1955, the Air Force M2Act 1955 and the Naval Discipline M3Act 1957 shall not include Malawi; and in the definitions of “Commonwealth force” in sections 225(1) and 223(1) respectively of the said Acts of 1955 and in the definition of “Commonwealth country” in section 135(1) of the said Act of 1957, at the end there shall be added the words “or Malawi”.

(3)No Order in Council made on or after the appointed day under section 1 of the Army and Air Force M4Act 1961 shall operate to continue either of the said Acts of 1955 in force as part of the law of Malawi.

(4)On and after the appointed day, the provisions specified in Schedule 2 to this Act shall have effect subject to the amendments respectively specified in that Schedule, . . . F2

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(6)Subsection (4) of this section, Schedule 2 to this Act . . . F2 shall not extend to Malawi as part of its law.

Annotations:

Amendments (Textual)

F1S. 4(1) repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3

F2Words repealed by Statute Law (Repeals) Act 1969 (c. 52). Sch. Pt. VI

F3S. 4(5) repealed by Statute Law (Repeals, Act 1969 (c. 52), Sch. Pt. VI

Marginal Citations

M11955 c. 18(7:1).

M21955 c. 19(7:1).

M31957 c. 63(7:1).

M41961 c. 52(7:1).

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 5 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 6 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2

7 Interpretation

(1)In this Act “the existing Constitution Order” means the Nyasaland (Constitution) Order in M1Council 1963 as amended by the Nyasaland (Constitution) (No. 2) Order in Council 1963 and any further Order in M2Council made before the appointed day.

(2)References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

Annotations:

Marginal Citations

M1S.I. 1963 No. 883

M2S.I. 1963 No. 2092.

8 Short title

This Act may be cited as the Malawi Independence Act 1964.