Zanzibar Act 1963

Operation of existing law

1

• (1) Subject to this Act, on and after 10th December 1963 (the date on which Zanzibar ceases to be a protectorate and becomes an independent State within the Commonwealth and which is referred to in this Act as “the appointed day”) all law which, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, is in force on that day or has been passed or made before that day and comes into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to Zanzibar, and persons and things belonging to or connected with Zanzibar, as it would have apart from this subsection if there had been no change in the status of Zanzibar on the appointed day.

• (2) Schedule 1 to this Act shall apply to the enactments there mentioned (of which those in Part I are enactments applicable to Commonwealth countries having fully responsible status, and those in Part II are thereby excepted from the operation of section 1(1) of this Act), but that Schedule shall not extend to Zanzibar as part of the law of Zanzibar.

• (3) Subsection (1) of this section applies to law of or of any part of the United Kingdom, the Channel Islands and the Isle of Man and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to Zanzibar, to law of any other country or territory to which that enactment or Order extends.

Modifications of British Nationality Acts

2

Pending appeals to Her Majesty in Council

3

Power to make consequential provisions

4

Provisions as to Orders in Council and other instruments

5

Short title, interpretation and repeals

6

• (1) This Act may be cited as the Zanzibar Act 1963.

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

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SCHEDULE 1

Part I — Extension of certain Enactments applicable to Commonwealth Countries having fully Responsible Status

Diplomatic immunities

1

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2

In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act, 1952, before the words “and the Republic of Ireland” there shall be inserted the word “Zanzibar”.

3

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Financial

4

In section 2(4) of the Import Duties Act, 1958, before the words “together with” there shall be inserted the word “Zanzibar”.

Armed Forces

5

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6

In the Visiting Forces (British Commonwealth) Act 1933, section 4 (which deals with attachment and mutual powers of command) shall apply in relation to forces raised in Zanzibar as it applies in relation to forces raised in Dominions within the meaning of the Statute of Westminster 1931.

7

In the Visiting Forces Act 1952, in section 1 (1)(a) (which specifies the countries to which that Act applies) at the end there shall be added the words “Zanzibar, or” and, until express provision with respect to Zanzibar is made by Order in Council under section 8 of that Act (which relates to the application to visiting forces of law relating to home forces), any such Order for the time being in force shall be deemed to apply to visiting forces of Zanzibar.

Ships and Aircraft

8

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9

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10

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11

In the Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Zanzibar.

12

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Commonwealth Institute

13

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Part II — Exceptions from s. 1(1) of Act

Colonial development and welfare

14

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Foreign Jurisdiction Act 1890 and Orders in Council thereunder

15

• (1) Section 1(1) of this Act shall not apply to the Foreign Jurisdiction Act 1890 or any Order in Council made under that Act but the provisions of the Orders in Council made under the said Act which are set out below (and which apply in relation to Zanzibar the Colonial Probates Act 1892 and the enactments listed in Schedule 1 to the Foreign Jurisdiction Act 1890 as originally enacted) shall, subject to the provisions of this paragraph, continue in force on and after the appointed day.

• (2) The provisions of this paragraph shall have effect subject to any Order in Council made under section 4 of this Act.

Description of Order	Provisions continued in force
Order in Council dated 30th March 1916 and applying the Colonial Probates Act 1892 to Zanzibar. (S.R. & O. 1916 No. 275.)	The whole Order.
The Zanzibar Order in Council 1924. (S.R. & O. 1924 No. 1401.)	Section 25 except so far as it applies the Admiralty Offences (Colonial) Act 1849, the Admiralty Offences (Colonial) Act 1860 or any provisions of the Merchant Shipping Act 1894.
	Section 27.

SCHEDULE 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

Subject to paragraph 5 of this Schedule, a person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(2) of this Act if he, his father or his father's father—

• (a) was born in the United Kingdom or in a colony; or

• (b) is or was a person naturalised in the United Kingdom and Colonies ; or

• (c) was registered as a citizen of the United Kingdom and Colonies ; or

• (d) became a British subject by reason of the annexation of any territory included in a colony.

2

A person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(2) of this Act if he was born in a protectorate or protected state, or if his father or his father's father was so born and is or at any time was a British subject.

3

A woman who is the wife of a citizen of the United Kingdom and Colonies shall not cease to be such a citizen under section 2(2) of this Act unless her husband does so.

4

Subject to paragraph 5 of this Schedule, the reference in paragraph 1(b) of this Schedule to a person naturalised in the United Kingdom and Colonies shall include a person who would, if living immediately before the commencement of the British Nationality Act 1948, have become a person naturalised in the United Kingdom and Colonies by virtue of section 32(6) of that Act (which relates to persons given local naturalisation in a colony or protectorate before the commencement of that Act).

5

Any reference in paragraph 1 or 2 of this Schedule to a colony, protectorate or protected state shall, subject to the following paragraph, be construed as a reference to a territory which is a colony, protectorate or protected state on the appointed day; and paragraph 1 of this Schedule shall not apply to a person by virtue of any certificate of naturalisation granted or registration effected by the governor or government of a territory outside the United Kingdom which is not a colony, protectorate or protected state on the appointed day.

6

The protectorates of Northern Rhodesia and Nyasaland shall be excepted from the operation of any reference in paragraph 2 or paragraph 5 of this Schedule to a protectorate.

SCHEDULE 3

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Editorial notes

[^c654675]: Power to repeal Act given by Tanzania Act 1969 (c. 29), s. 5

[^c654676]: S. 2 repealed by British Nationality Act 1981 (c.61, SIF 87), Sch. 9

[^c654677]: S. 3 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

[^c654678]: S. 4 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VI

[^c654679]: S. 5 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

[^c654680]: S. 6(3) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

[^c654681]: Sch. 1 Pt. I para. 1 repealed by Finance Act 1969 (c. 32), Sch. 21 Pt. IX

[^c654682]: The text of Sch. 1 Pt. I para. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c654683]: 1952 c. 18

[^c654684]: Sch. 1 Pt. I para. 3 repealed by International Organisations Act 1981 (c. 9, SIF 68:1), Sch.

[^c654685]: The text of Sch. 1 Pt. I para. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c654686]: 1958 c. 6

[^c654690]: 1933 c. 6.

[^c654691]: 1931 c. 4 (22 & 23 Geo. 5).

[^c654692]: 1952 c. 67.

[^c654697]: Sch. 1 para. 8 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)

[^c654698]: Sch.1 Pt.I para. 9 repealed by Emergency Laws (Re-enactments and Repeals) Act 1964 (c.60), Sch. 2

[^c654699]: Sch. 1 Pt. I para. 10 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

[^c654700]: 1934 c. 49.

[^c654701]: Sch. 1 Pt. I para. 12 repealed by Civil Aviation Act 1971 (c. 75), Sch. 11

[^c654705]: Sch. 1 para. 13 repealed (7.1.2003) by 2002 c. 39, ss. 3, 4(2), Sch. 3

[^c654706]: Sch. 1 Pt.II para.14 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XIII

[^c654707]: 1890 c. 37.

[^c654708]: 1892 c. 6.

[^c654709]: 1890 c. 37.

[^c654710]: Sch. 2 repealed by British Nationality Act 1981 (c.61, SIF 87), Sch. 9

[^c654711]: Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

[^key-e733e7382fe64cfdb01a8af55f947008]: Sch. 1 para. 5 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4