OpenLegislation

Zambia Independence Act 1964

1964 c. 65 · Enacted 31 July 1964 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 October 2009.

An Act to make provision for, and in connection with, the establishment of Northern Rhodesia, under the name of Zambia, as an independent republic within the Commonwealth.

[31st July 1964]

Contents

  1. 1Establishment of Republic of Zambia.
  2. 2Operation of existing law.
  3. 3, 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 5, 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. 8Agreements relating to Barotseland.
  7. 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. 11†Short title, interpretation and repeal.
  10. Schedule 1: Amendments not Affecting the Law of Zambia
  11. Part I: Extension of Certain Enactments Applicable to Commonwealth Countries Having Fully Responsible Status
  12. Diplomatic immunites
  13. 1Paragraph 1 Repealed
  14. 2Paragraph 2
  15. 3Paragraph 3 Repealed
  16. Financial
  17. 4Paragraph 4
  18. Armed forces
  19. 5Paragraph 5 Repealed
  20. 6Paragraph 6
  21. 7Paragraph 7
  22. 8Paragraph 8
  23. Copyright
  24. 9Paragraph 9 Repealed
  25. Commonwealth Institute
  26. 10Paragraph 10 Repealed
  27. Part II: Exceptions from S.2(1) of Act
  28. 11Paragraph 11 Repealed
  29. 12Paragraph 12 Repealed
  30. Schedule 2: Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963
  31. Paragraph substituted for section 74(1)(b)
  32. Paragraph
  33. Schedule 3Schedule 3

1Establishment of Republic of Zambia.

On 24th October 1964 (in this Act referred to as “the appointed day”) the territories which immediately before the appointed day are comprised in Northern Rhodesia shall cease to be a protectorate and shall together become an independent republic under the name of Zambia; and on and after that day Her Majesty shall have no jurisdiction over those territories.

2Operation of existing law.

(1)

Subject to the following provisions of this Act, on and after 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 Zambia, and persons and things belonging to or connected with Zambia, as it would have apart from this subsection if on the appointed day Northern Rhodesia had been renamed Zambia but there had been no change in its status.

(2)

Part I of Schedule 1 to this Act (which relates to enactments applicable to Commonwealth countries having fully responsible status) and Part II of that Schedule (which relates to enactments excepted from the operation of the preceding subsection) shall have effect on and after the appointed day in relation to the enactments therein mentioned; but that Schedule shall not extend to Zambia as part of its law.

(3)

Subsection (1) of this section applies to the 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 Northern Rhodesia, to law of any other country or territory to which that enactment or Order extends.

3, 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

5, 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

8Agreements relating to Barotseland.

(1)

Subject to the next following subsection, all agreements which immediately before the appointed day have effect as agreements between Her Majesty, or the Government of Northern Rhodesia, and the Litunga of Barotseland shall on that day cease to have effect in so far as immediately before that day they confer any rights, or impose any obligations, on Her Majesty or the Government of Northern Rhodesia.

(2)

The preceding subsection shall not apply to the Barotseland Agreement 1964 (that is to say, the agreement, dated 18th May 1964, between the Government of Northern Rhodesia and the Litunga of Barotseland which provides that it may be cited by that title) or to any agreement, whether made before or after the passing of this Act, whereby that agreement has been varied or superseded.

(3)

In this section “agreement” includes any concession, undertaking or understanding, whether given or made orally or in writing; and for the purposes of subsection (1) of this section it is immaterial, in relation to any agreement, whether Her Majesty or the Government of Northern Rhodesia or the Litunga of Barotseland was an original party to the agreement or not or whether there are any parties to the agreement other than Her Majesty and the said Government and Litunga.

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

11†Short title, interpretation and repeal.C1

(1)

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

(2)

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

(3)

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1

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2C1

In section 1(6) of the M1Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the words “and the Republic of Ireland” there shall be inserted the word “Zambia”.

3

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4C1

In section 2 of the M1Import Duties Act 1958—

(a)

in subsection (4), befoe the words “together with” there shall be inserted the word “Zambia”; and

(b)

in subsection (9), for the words “Northern Rhodesia”, in each place where they occur, there shall be inserted the word “Zambia”;

and in sub-paragraph(a) of paragraph 7 of Schedule III to the Federation of Northern Rhodesia and Nyasaland (Dissolution) Order in Council 1963 the words from “and Northern Rhodesia” to the end of the sub-paragraph shall be omitted.

5F1

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6

In the M1Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Zambia as it applies in relation to forces raised in Dominions within the meaning of the M2Statute of Westminster 1931.

7

In the M1Visiting Forces Act 1952, in section 1(1)(a) (countries to which that Act applies) at the end there shall be added the words “Zambia or”, and, until express provision with respect to Zambia is made by Order in Council under section 8 of that Act (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 Zambia.

8C1

In section 84(2) of the M1Offices, Shops and Railway Premises Act 1963 (exclusion of application to visiting forces) before the words “and any country” there shall be inserted the word “Zambia”.

9

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10F1

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11F1

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12

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“(b)

any reference on those Acts to a period of residence in a protectorate included any period of residence in Northern Rhodesia or Nyasaland before the dissolution of the Federation, any period of residence in Northern Rhodesia after the dissolution of the Federation but before 24th October 1964 and any period of residence in Nyasaland after the dissolution of the Federation but before 6th July 1964.”

Schedule 3F1

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