Wednesday 10 December 2014

51 YEARS OF ZANZIBAR INDIPENDENCE

 The Day Zanzibar and Kenya flags flies  at United Nations in New York
 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



.The first cabinet of Independent Zanzibar overthrown by the Revolution
(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.

2Modifications of British Nationality Acts

(1)On and after the appointed day the British Nationality Acts 1948 and 1958 shall have effect as if—
(a)in section 1(3) of the said Act of 1948 (which provides for persons to be British subjects or Commonwealth citizens by virtue of citizenship of certain countries) there were added at the end the words
and Zanzibar, and
(b)in Schedule 1 to the British Protectorates, Protected States and Protected Persons Order in Council 1949 the words " Zanzibar Protectorate " were omitted.
(2)Save as provided by Schedule 2 to this Act, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if on that day he is a citizen or national of Zanzibar under the law thereof.
(3)On and after the appointed day, section 6(2) of the British Nationality Act 1948 (which provides for the registration as a citizen of the United Kingdom and Colonies of a woman who has been married to such a citizen) shall not apply to a woman by virtue of her marriage to a person who on the appointed day ceases to be such a citizen under subsection (2) of this section, or would have done so if living on the appointed day.
(4)Part III of the British Nationality Act 1948 (which contains supplemental provisions) shall have effect for the purposes of the last foregoing subsection and Schedule 2 to this Act as if those provisions were included in that Act.
(5)The amendment of the Order in Council of 1949 made by subsection (1)(b) of this section shall not affect the meaning of the expression " protectorate " in any law or instrument passed or made before the passing of this Act, other than the British Nationality Acts 1948 and 1958 or any instrument made under those Acts.

3Pending appeals to Her Majesty in Council

(1)Her Majesty may by Order in Council confer on the Judicial Committee of the Privy Council such jurisdiction in respect of appeals to Her Majesty in Council—
(a)from a Court or Judge in Zanzibar; or
(b)from the Court of Appeal for Eastern Africa on appeal from such a Court or Judge,
being appeals which are pending immediately before the appointed day, and in which the records have been registered in the Office of the Privy Council before that day, as appears to Her to be appropriate for giving effect to any arrangements between Her Majesty's Government in the United Kingdom and the Government of Zanzibar for any such appeals to be continued before and disposed of by that Committee.
(2)An Order in Council under this section may, if the arrangements so require, direct that any appeal continued before the Judicial Committee of the Privy Council under this section shall abate on a date specified in the Order unless it has been heard by the Committee before that date ; and an Order containing such a direction may contain provisions to facilitate the hearing of any such appeal before that date, including provisions as to the sittings of (the said Committee and provisions for expediting the steps to be taken by the parties preliminary to the hearing of an appeal.
(3)An Order in Council under this section may determine the practice and procedure to be followed on any appeal continued before the said Committee under this section, and in particular may provide for the form of any report or recommendation to be made by the Judicial Committee of the Privy Council in the exercise of the jurisdiction conferred on that Committee under this section, and for its transmission to such authority in Zanzibar as may be specified in the order.
(4)Except so far as otherwise provided by an Order in Council under this section, and subject to such modifications as may be so provided, the Judicial Committee Act 1833 shall apply in relation to appeals continued before the Judicial Committee of the Privy Council under this section as it applied in relation to those appeals before the appointed day.
(5)Subject to the provisions of any Order in Council under this section, nothing in this Act shall be construed as continuing in force any right of appeal to Her Majesty in Council from Zanzibar.

4Power to make consequential provisions

Her Majesty may by Order in Council make such adaptations in any Act of Parliament passed before this Act, or in any instrument made or having effect under any such Act, as appear to Her necessary or expedient in consequence of the change in the status of Zanzibar taking effect on the appointed day.

5Provisions as to Orders in Council and other instruments

(1)An Order in Council or other instrument made under any Act of Parliament passed before the appointed day, other than this Act, which varies or revokes a previous Order in Council or instrument in consequence of the changes in the status of Zanzibar taking effect on the appointed day, and any Order in Council under section 3 or section 4 of this Act, may, if made after the appointed day, be made so as to take effect on the appointed day.
(2)An Order in Council under section 3 or section 4 of this Act—
(a)may contain such transitional or other incidental or supplemental provisions as appear to Her Majesty to be necessary or expedient,
(b)may be varied or revoked by a subsequent Order in Council, and
(c)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6 short title, interpretation and repeals

(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.


(3)The Acts and Order in Council mentioned in Schedule 3 to this Act shall on the appointed day be repealed to the extent specified in the third column of that Schedule. r ENACTED by the Quen's most Excelent Majesty, by andwith the advice and consent of the Lords Spirtual andTemporal, and Commons, in this present Parliamentasembled, and by the authority of the same, as folows:-1.-(1) Subjecto this Act, on and after 10th December 1963 Operation of(the date on which Zanzibar ceases to be a protectorate and existing law.becomes an independent State within the Commonwealth andwhich is refered to in this Act as " the apointed day ") allaw which, whether being a rule of law or a provision of an Actof Parliament or of any other enactment or instrument whatsoever,is in force on that day or has ben pased or made beforethat day and comes into force thereafter, shal, unles and untilprovision to the contrary is made by Parliament or some otherauthority having power in that behalf, have the same operation inrelation to Zanzibar, and persons and things belonging to orconected with Zanzibar, as it would have apart from this subsectionif there had ben no change in the status of Zanzibaron the apointed day.(2) Schedule 1 to this Act shal aply to the enactments therementioned (of which those in Part Iare enactments aplicableto Commonwealth countries having fuly responsible status,and those in Part I are thereby excepted from the operationof section 1(1) of this Act), but that Schedule shal not extendto Zanzibar as part of the law of Zanzibar.1 2Modifcationsof BritshNationalityActs.Pendingapeals toHer Majestyin Council.CH. 5 Zanzibar Act 1963(3) Subsection (1) of this section' aplies to law of or of anypart of the United Kingdom, the Chanel Islands and the Isleof Man and, in relation only to any enactment of the Parliamentof the United Kingdom or any Order in Council made byvirtue of any such enactment whereby any such enactmentaplies in relation to Zanzibar, to law of any other country orteritory to which that enactment or Order extends.2.-(1) On and after the apointed day the Britsh NationalityActs 1948 and 1958 shal have efect as if-(a) in section 1(3) of the said Act of 1948 (which providesfor persons to be Britsh subjects or Commonwealthcitzens by virtue of citzenship of certain countries)there were aded at the end the words " and Zanzibar", and(b) in Schedule 1 to the Britsh Protectorates, ProtectedStates and Protected Persons Order in Council 1949the words " Zanzibar Protectorate "were omited.(2) Save as provided by Schedule 2 to this Act, any personwho immediately before the apointed day is a citzen of theUnited Kingdom and Colonies shal on that day cease to besuch a citzen if on that day he is a citzen or national ofZanzibar under the law thereof.(3) On and after the apointed day, section 6(2) of theBritsh Nationality Act 1948 (which provides for the registra- tion as a citzen of the United Kingdom and Colonies of awoman who has ben maried to such a citzen) shal notaply to a woman by virtue of her mariage to a person who onthe apointed day ceases to be such a citzen under subsection(2) of this section, or would have done so if living on theapointed day.(4) Part I of the Britsh Nationality Act 1948 (which containssuplemental provisions) shal have efect for the purposesof the last foregoing subsection and Schedule 2 to this Act as if those provisions were included in that Act.(5) The amendment of the Order in Council of 1949 madeby subsection (1) (b) of this section shal not afecthe meaning ofthe expresion " protectorate "in any law or instrument pasedor made before the pasing of this Act, other than the BritshNationality Acts 1948 and 1958 or any instrument made underthose Acts.3.-(1) Her Majesty may by Order in Council confer on theJudicial Commite of the Privy Council such jurisdiction inrespect of apeals to Her Majesty in Council-(a) from a Court or Judge in Zanzibar ;or Zanzibar Act 1963 CH. 5 3(b) from the Court of Apeal for Eastern Africa on apealfrom such a Court or Judge,being apeals which are pending immediately before theapointed day, and in which the records have ben registered inthe Ofice of the Privy Council before that day, as apears toHer to be apropriate for giving efect to any arangementsbetwen Her Majesty's Government in the United Kingdomand the Government of Zanzibar for any such apeals to becontinued before and disposed of by that Commite.(2) An Order in Council under this section may, if the arangementsso require, direct that any apeal continued before theJudicial Commite of the Privy Council under this sectionshal abate on a date specifed in the Order unles it has benheard by the Commite before that date ;and an Order containingsuch a direction may contain provisons to faciltate thehearing of any such apeal before that date, including provisonsas to the sitings of the said Commite and provisons forexpeditng the steps to be taken by the parties preliminary to thehearing of an apeal.(3) An Order in Council under this section may determinethe practice and procedure to be folowed on any apealcontinued before the said Commite under this section, and inparticular may provide for the form of any report or recommendationto be made by the Judicial Commite of the PrivyCouncil in the exercise of the jurisdiction confered on that Commiteunder this section, and for its transmision to suchauthority in Zanzibar as may be specifed in the order.(4) Except so far as otherwise provided by an Order in Councilunder thisection, and subjecto such modifcations as may be soprovided, the Judicial Commite Act 183 shal aply in relationto apeals continued before the Judicial Commite of the PrivyCouncil under this section as it aplied in relation to thoseapeals before the apointed day.(5) Subject to the provisons of any Order in Council underthis section, nothing in this Act shal be construed as continuingin force any right of apeal to Her Majesty in Council fromZanzibar.4. Her Majesty may by Order in Council make such adapta- Power to maketions in any Act of Parliament pased before this Act, or in consequentialany instrument made or having efect under any such Act, provisons. as apear to Her necesary or expedient in consequence ofthe change in the status of Zanzibar taking efect on theapointed day. 4Provisions as to Orders inCouncil andotherinstruments.Shortitle,interpretationand repeals.CH. 5 Zanzibar Act 19635.-(1) An Order in Council or other instrument made underany Act of Parliament pased before the apointed day, otherthan this Act, which varies or revokes a previous Order inCouncil or instrument in consequence of the changes in the statusof Zanzibar taking efect on the apointed day, and any Orderin Council under section 3 or section 4 of this Act, may, if madeafter the apointed day, be made so as to take efect on theapointed day.(2) An Order in Council under section 3 or section 4 of this Act-(a) may contain such transitonal or other incidental orsuplemental provisions as apear to Her Majesty tobe necesary or expedient,(b) may be varied or revoked by a subsequent Order inCouncil, and(c) shal be subject to anulment in pursuance of a resolutionof either House of Parliament.6.-(1) This Act may be cited as the Zanzibar Act 1963.(2) References in this Act to any enactment are referencesto that enactment as amended or extended by or under any otherenactment, including this Act.(3) The Acts and Order in Council mentioned in Schedule 3to this Act shal on the apointed day be repealed to the extentspecifed in the third column of that Schedule. Zanzibar Act 1963 CH. 5SCHEDULESSCHEDULE 1 PART IEXTENSION OF CERTAIN ENACTMENTS APLICABLE TOCOMMONWEALTH COUNTRIES HAVING FULY RESPONSIBLE STATUSDiplomatic immunites1. In section 461 of the Income Tax Act 1952 (which relates toexemption from income tax in the case of certain Commonwealthrepresentatives and their stafs)-(a) in subsection (2), before the words " for any state "thereshal be inserted the words " or Zanzibar ";(b) in subsection (3), before the words "and ` Agent-General '"there shal be inserted the words " or Zanzibar ".2. In section 1(6) of the Diplomatic Immunites (CommonwealthCountries and Republic of Ireland) Act 1952, before the words" and the Republic of Ireland "there shal be inserted the word" Zanzibar ".3. In section 1(5) of the Diplomatic Immunites (Conferenceswith Commonwealth Countries and Republic of Ireland) Act 1961,before the words " and the Republic of Ireland "there shal beinserted the word " Zanzibar ".Financial4. In section 2(4) of the Import Duties Act 1958, before thewords "together with" there shal be inserted the word" Zanzibar ".Armed Forces5. In the definitons of "Commonwealth force" in section 25(1)and section 23(1) respectively of the Army Act 195 and theAir Force Act 195, and in the definiton of " Commonwealthcountry "in section 135(1) of the Naval Discipline Act 1957, atthe end there shal be aded the words " or Zanzibar ", and section1(1) of this Act shal not aply to either of the said Acts of 195or to the said Act of 1957.6. In the Visitng Forces (Britsh Commonwealth) Act 193,section 4 (which deals with atachment and mutual powers ofcommand) shal aply in relation to forces raised in Zanzibar as it aplies in relation to forces raised in Dominions within themeaning of the Statute of Westminster 1931.7. In the Visting Forces Act 1952, in section 1(1)(a) (whichspecifes the countries to which that Act aplies) at the end thereshal be aded the words " Zanzibar, or "and, until expres provisionwith respect to Zanzibar is made by Order in Councilunder section 8 of that Act (which relates to the aplication toSection 1(2).5 6 CIi. 5 Zanzibar Act 1963Scx. 1 visitng forces of law relating to home forces), any such Order forthe time being in force shal be demed to aply to visitng forcesof Zanzibar.Ships and Aircraft8.-(1) The Merchant Shiping Acts 1894 to 1960 shal aply inrelation to Zanzibar as they aply in relation to the Commonwealthcountries mentioned in section 1(3) of the Britsh NationalityAct 1948.(2) Without prejudice to the generality of the foregoing subparagraph-
(a) in section 427(2) of the Merchant Shiping Act 1894, assubstiuted by section 2 of the Merchant Shiping (SafetyConvention) Act 1949, before the words "or in any"there shal be inserted the words " or Zanzibar ", and(b) in the proviso to section 6(2) of the Merchant ShipingAct 1948, at the end there shal be aded the words " orZanzibar ".9. In the definiton of " excepted ship or aircraft "in paragraph 3of Schedule 3 to the Emergency Laws (Repeal) Act 1959 beforethe words "or in any" there shal be inserted the words "orZanzibar ".10. The Ships and Aircraft (Transfer Restriction) Act 1939 shalnot aply to any ship by reason only of its being registered in, orlicensed under the law of, Zanzibar or any part thereof ;and thepenal provisons of that Act shal not aply to persons in Zanzibar(but without prejudice to the operation with respect to any shipto which that Act does aply of the provisons thereof relating tothe forfeiture of ships).1. In the Whaling Industry (Regulation) Act 1934, the expression" Britsh ship to which this Act aplies "shal not include aBritsh ship registered in Zanzibar.12. In section 2(7)(b) of the Civil Aviation (Licensing) Act 1960the expresion "protectorate " shal not include Zanzibar.Commonwealth Instiute13. In section 8(2) of the Imperial Instiute Act 1925, as amendedby the Commonwealth Instiute Act 1958 (which relates to thepower to vary the provisons of the said Act of 1925 if an agrementfor the purpose is made with the governments of certainteritories which for the time being are contributing towards theexpenses of the Commonwealth Instiute) athe end there shal beaded the words " and Zanzibar ".PART IEXCEPTIONS FROM S. 1(1) OF ACTColonial development and welfare14. Section 1(1) of this Act shal not aply to the definiton of" colony "in section 9 of the Colonial Development and WelfareAct 1959. Zanzibar Act 1963 CH. 5Foreign Jurisdiction Act 1890 and Orders in Council thereunder SCH. 1 15.-(1) Section 1(1) of this Act shal not aply to the ForeignJurisdiction Act 1890 or any Order in Council made under that Act,but the provisons of the Orders in Council made under the saidAct which are set out below (and which aply in relation toZanzibar the Colonial Probates Act 1892 and the enactments listedin Schedule 1 to the Foreign Jurisdiction Act 1890 as originalyenacted) shal, subjecto the provisons of this paragraph, continuein force on and after the apointed day.(2) The provisons of this paragraph shal have efect subject toany Order in Council made under section 4 of this Act.ORDERS IN COUNCIL UNDER FOREIGN JURISDICTION ACT 1890Description of Order Provisions continued in forceOrder in Council dated 30th The whole Order.March 1916 and aplying theColonial Probates Act 1892 toZanzibar.(S.R. & O. 1916 No. 275.)The Zanzibar Order in Council1924.(S.R. & O. 1924 No. 1401.)Section 25 except so far as itaplies the Admiralty Ofences(Colonial) Act 1849, theAdmiralty Ofences (Colonial)Act 1860 or any provisons ofthe Merchant Shiping Act1894.Section 27. 8Section 2.CH. 5 Zanzibar Act 1963SCHEDULE 2EXEMPTIONS FROM OPERATION OF s.2(2) OF ACT1. Subject to paragraph 5 of this Schedule, a person shal notcease to be a citzen 'of the United Kingdom and Colonies undersection 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 andColonies ; or(c) was registered as a citzen of the United Kingdom andColonies ; or(d) became a Britsh subject by reason of the anexation of anyteritory included in a colony.2. A person shal not cease to be a citzen of the United Kingdomand Colonies under section 2(2) of this Act if he was born in aprotectorate or protected state, or if his father or his father's fatherwas so born and is or at any time was a Britsh subject.3. A woman who is the wife of a citzen of the United Kingdomand Colonies shal not cease to be such a citzen under section 2(2)of this Act unles her husband does so. 4. Subjecto paragraph 5 of this Schedule, the reference in paragraph1(b) of this Schedule to a person naturalised in the UnitedKingdom and Colonies shal include a person who would, if livingimmediately before the commencement of the Britsh NationalityAct 1948, have become a person naturalised in the United Kingdomand Colonies by virtue of section 32(6) of that Act (which relates topersons given local naturalisation in a colony or protectorate beforethe commencement of that Act).5. Any reference in paragraph 1 or 2 of this Schedule to a colony,protectorate or protected state shal, subject to the folowing paragraph,be construed as a reference to a teritory which is a colony,protectorate or protected state on the apointed day ;and paragraph1 of this Schedule shal not aply to a person by virtue ofany certifcate of naturalisation granted or registration efected bythe governor or government of a teritory outside the UnitedKingdom which is not a colony, protectorate or protected state onthe apointed day.6. The protectorates of Northern Rhodesia and Nyasaland shalbe excepted from the operation of any reference in paragraph 2 orparagraph 5 of this Schedule to a protectorate. Zanzibar Act 1963 C

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