Sri Lanka Independence Act 1947

UK - Reserved: Acts

Sri Lanka Independence Act 1947

Sri Lanka Independence Act 1947 (1947 c. 7)

1 Provision for the fully responsible status of Sri Lanka.

[F2] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

(1) No Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to Sri Lanka as part of the law of Sri Lanka, unless it is expressly declared in that Act that Sri Lanka has requested, and consented to, the enactment thereof.

[F2] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

(2) As from the appointed day His Majesty’s Government in the United Kingdom shall have no responsibility for the government of Sri Lanka.

[F2] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

(3) As from the appointed day the provisions of the First Schedule to this Act shall have effect with respect to the legislative powers of .

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3] S. 2 repealed by Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (c. 20), Sch. 4

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4] S. 3 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2

4 Consequential amendments not affecting the law of Sri Lanka.

[F5] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

(1) As from the appointed day, the Acts and Regulations referred to in the Second Schedule to this Act shall have effect subject to the amendments made by that Schedule . . . :

[F6] Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VI

[F5] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7] S. 4(2) repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3

(3), (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8] S. 4(3)(4) repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VI

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

[F9] S. 4(5) repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)

5 Short title and commencement.

(1) This Act may be cited as the Sri Lanka Independence Act 1947.

[F10] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

(2) In this Act the expression “the appointed day” means such day as His Majesty may by Order in Council appoint.

SCHEDULES

FIRST SCHEDULE Legislative Powers of Sri Lanka

[F11] For references to “Ceylon” in this Act there should be substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

The Colonial Laws Validity Act 1865, shall not apply to any law made after the appointed day by the Parliament of Sri Lanka.

[M1] 1865 c. 63.

[F12] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

No law and no provision of any law made after the appointed day by the Parliament of Sri Lanka shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule or regulation made under any such Act, and the powers of the Parliament of Sri Lanka shall include the power to repeal or amend any such Act, order, rule or regulation in so far as the same is part of the law of Sri Lanka.

[F12] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

2 The Parliament of Sri Lanka shall have full power to make laws having extra-territorial operation.

[F13] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Without prejudice to the generality of the foregoing provisions of this Schedule, section four of the Colonial Courts of Admiralty Act 1890 (which requires certain laws to be reserved for the signification of His Majesty’s pleasure or to contain a suspending clause), and so much of section seven of that Act as requires the approval of His Majesty in Council to any rules of Court for regulating the practice and procedure of a Colonial Court of Admiralty, shall cease to have effect in Sri Lanka.

[M2] 1890 c. 27.

[F15] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

SECOND SCHEDULE Amendments not Affecting Law of Sri Lanka

[F16] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17] Sch. 2 para. 1 repealed by British Nationality Act 1948 (c. 56), Sch. 4 Pt. II

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18] Sch. 2 para. 2 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19] Sch. 2 para. 3 repealed by Income Tax Act 1952 (c. 10), Sch. 25

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20] Sch. 2 para. 4 repealed by Trustee Investments Act 1961 (c. 62), Sch. 5

Visiting forces

5 The following provisions of the Visiting Forces (British Commonwealth) Act 1933, namely—

[M3] 1933 c. 6.

(a) section three (which deals with deserters);

(b) section four (which deals with attachment and mutual powers of command);

(c) the definition of “visiting force” for the purposes of that Act generally which is contained in section eight thereof;

shall apply in relation to forces raised in Sri Lanka as they apply in relation to forces raised in the Dominions within the meaning of the Statute of Westminster, 1931.

[F21] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

[M4] 1931 c. 4 (22 & 23 Geo. 5).

Ships and aircraft

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22] Sch. 2 para. 6 repealed by Emergency Laws (Repeal) Act 1959 (c. 19), Sch. 4 Pt. I

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23] Sch. 2 para. 7 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

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

[M5] 1934 c. 49.

[F24] For references to “Ceylon” in this Act there are substituted references to “Sri Lanka” by virtue of Sri Lanka Republic Act 1972 (c. 55, SIF 26:40), s. 1(4)

Matrimonial causes

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25] Sch. 2 para. 9 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26] Sch. 2 para. 10 repealed by Copyright Act 1956 (c. 74), Sch. 9