Malta Independence Act 1964

Cu. 86 1305

Malta Independence
Act 1964

1964 CHAPTER 86
An Act to make provision for, and in connection with, the
attainment by Malta of fully responsible status within
the Commonwealth. [31st July 1964]

E IT ENACTED by the Queen’s most Excellent Majesty, by andB with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament

assembled, and by the authority of the same, as follows :—

1.—(1) On and after such day as Her Majesty may by Order Fully
in Council appoint (in this Act referred to as the appointed responsible
day”) Her Majesty’s Government in the United Kingdom Nault

of
shall have no responsibility for the government of Malta. ama.

(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 Malta 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 the legislative powers ofMalta.

2.—(1) On and after the appointed day the British Nationality Consequential
Acts 1948 to 1964 shall have effect as if in section 1(3) of the Modifications
British Nationality Act 1948 (Commonwealth countries having
separate citizenship) there were added at the end the words Acts,
“and Malta ”’.
(2) Except as provided by section 3 of 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 he becomes on that day a citizen of Malta.
(3) Section 6(2) of the British Nationality Act 1948 (registration

as citizens of the United Kingdom and Colonies of women who

1306

Retention of
citizenship
of United
Kingdom
and Colonies
by certain
citizens of
Malta.

Cn. 86 Malta Independence Act 1964

have been married to such citizens) 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 who would have done so if living on the appointed day.

3.—_(1) Subject to subsection (5) of this section, 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 the said section 2(2) if either—
(a) he was born in a protectorate or protected state, or
(b) 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
the said section 2(2) unless her husband does so.
(4) Subject to subsection (5) of this section, the reference in

subsection (1)(b) of this section 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 (persons given local naturalisation in a colony or protectorate
before the commencement of that Act).
(5) Any reference in this section to a colony, a protectorate

or a protected state is a reference to a territory which is a colony,
a protectorate or a protected state, as the case may be, within
the meaning of the British Nationality Act 1948, on the appointed
day, and accordingly does not include a reference to Malta;
and subsection (1) of this section shall not apply to a person
by virtue of any certificate of naturalisation granted or registra-
tion effected by the governor or government of a territory outside
the United Kingdom which is not such a colony, protectorate
or protected state on the appointed day.
(6) Part III of the British Nationality Act 1948 (supplemental

provisions) shall have effect for the purposes of this section as
if this section were included in that Act.

Malta Independence Act 1964 Cu. 86

4.—(1) Notwithstanding anything in the Interpretation Act
1889, the expression

‘‘
colony ” in any Act of the Parliament of the

United Kingdom passed on or after the appointed day shall not
include Malta.
(2) On and after the appointed day—
(a) the expression

“ colony ” in the Army Act 1955, the Air
Force Act 1955 and the Naval Discipline Act 1957 shall
not include Malta; and

(b) 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 Malta”.

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

in Schedule 2 to this Act shall have effect subject to the amend-
ments respectively specified in that Schedule, and Her Majesty
may by Order in Council make such further adaptations in any
Act of the Parliament of the United Kingdom passed before this
Act, or in any instrument having effect under any such Act, as
appear to Her Majesty to be necessary in consequence of section I
of this Act.
(5) Any Order in Council under the last preceding subsection

may be varied or revoked by a subsequent Order in Council
under that subsection, and may, if made after the appointed
day, be made so as to take effect on that day; and any statutory
instrument made under that subsection shall be subject to annul-
ment in pursuance of a resolution of either House of Parliament.
(6) As from the appointed day the enactments specified in

Schedule 3 to this Act are hereby repealed to the extent specified
in relation thereto in the third column of that Schedule.
(7) Subsections (4) and (5) of this section, Schedule 2 to this

Act and any Order in Council made under subsection (4) of this
section shall not extend to Malta as part of its law.

1307

Consequential
modification
and repeal
of other
enactments

5.—(1) In this Act, and in any amendment made by this Act Interpretation,
in any other enactment,

“‘ Malta’ means the Island of Malta
and all other territories which at the passing of this Act are
comprised in the State of Malta, and “ the existing Constitution
Order ”? means the Malta (Constitution) Order in Council 1961
as amended by the Malta (Constitution) (Amendment) Order in

Malta Independence Act 1964 Cu. 86

SCHEDULES
SCHEDULE 1

LEGISLATIVE POWERS OF MALTA
1. The Colonial Laws Validity Act 1865 shall not apply to anylaw made on or after the appointed day by the legislature of Malta.
2. No law and no provision ofany lawmade on or after the appointed

day by that legislature shall be void or inoperative on the ground
that it is repugnant to the law of England, or to the provisions of
any Act of the Parliament of the United Kingdom, including this
Act, or to any order, rule or regulation made under any such Act,
and, subject to paragraph 5 of this Schedule, the powers of that
legislature shall include the power to repeal or amend any such Act,
order, rule or regulation in so far as it is part of the law of Malta.

3. The legislature of Malta shall have full power to make laws
having extra-territorial operation.
4. Without prejudice to the generality of the preceding provisionsof this Schedule—
(a) sections 735 and 736 of the Merchant Shipping Act 1894

shall be construed as if references therein to the legislatureof a British possession did not include references to the
legislature ofMalta; and

(5) section 4 of the Colonial Courts of Admiralty Act 1890 (which
requires certain laws to be reserved for the significationof Her Majesty’s pleasure or to contain a suspending clause),
and so much of section 7 of that Act as requires the approvalof Her 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 Malta.

5. Nothing in this Act shall confer on the legislature of Malta any
power to repeal, amend or modify the constitutional provisions
otherwise than in such manner as may be provided for in those pro-
visions; and for the purposes of this paragraph “ the constitutional
provisions

” means the following, that is to say—
(a) this Act;
(5) any Order in Council revoking the existing Constitution Order

and providing for a new constitution for Malta to come
into effect on the appointed day;

(c) any law, or instrument made under a law, of the legislatureof Malta which, being a law or instrument made on or
after the appointed day, amends, modifies, re-enacts with
or without amendment or modification, or makes different
provision in lieu of, any provisions of this Act, of the Order
in Council first mentioned in this paragraph, or of any such
law or instrument previously made.

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Section 1.

1310

Section 4.

Cu. 86 Malta Independence Act 1964

SCHEDULE 2
AMENDMENTS NOT AFFECTING THE LAW OF MALTA

Diplomatic immunities
1. In section 461 of the Income Tax Act 1952 (exemption from

income tax in the case of certain Commonwealth representatives
and their staffs)—

(a) in subsection (2), before the words “for any state” there
shall be inserted the words “‘ or Malta”;

(b) in subsection (3), before the words “ and ‘ Agent-General
there shall be inserted the words “ or Malta ”.

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 “ Malta ”.

3. In section 1(5) of the Diplomatic Immunities (Conferences with
Commonwealth Countries and Republic of Ireland) Act 1961, before
the words “ and the Republic of Ireland

” there shall be inserted the
word “ Malta ”.

Financial
4, In section 2(4) of the Import Duties Act 1958, before the words

“together with ” there shall be inserted the word “ Malta”.
Visiting forces

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

6. In the Visiting Forces Act 1952—
(a) in section 1(1)(a) (countries to which that Act applies) at

the end there shall be added the words ‘* Malta or”;
(6) in

section
10(1)(a) the expression

“ colony ” shall not include
Malta;

and, until express provision with respect to Malta 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 Malta.

Ships and aircraft
7. In section 427(2) of the Merchant Shipping Act 1894, as substi-

tuted by section 2 of the Merchant Shipping (Safety Convention)
Act 1949, before the words “‘ or in any” there shall be inserted the
words “ or Malta”.

8. In the proviso to section 6(2) of the Merchant Shipping Act
1948, at the end there shall be added the words or Malta”.
9. In the definition of “ excepted ship or aircraft’ in paragraph 3

of Schedule 3 to the Emergency Laws (Repeal) Act 1959, before the
words “ or in any

” there shall be inserted the words “ or Malta”.

Malta Independence Act 1964 _ Cu. 86

10. The Ships and Aircraft (Transfer Restriction) Act 1939 shall
not apply to any ship by reason only of its being registered in or
licensed under the law of Malta; and the penal provisions of that
Act shall not apply to persons in Malta (but without prejudice to
the operation with respect to any ship to which that Act does apply
of the provisions thereof relating to the forfeiture of ships).

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 Malta.
12. In section 2(7)(6) of the Civil Aviation (Licensing) Act 1960,

the expression “colony ” shall not include Malta.

is repealed or amended by that law at a time when sub-paragraph (2)
of paragraph 39 of Schedule 7 to the Copyright Act 1956 (which
applies certain provisions of that Act in relation to countries to which
the said Act of 1911 extended) is in force in relation to Malta, the
said

sub-paragraph (2) shall thereupon cease to have effect in relation
thereto.

Commonwealth Institute
14, In section 8(2) of the Imperial Institute Act 1925, as amended

by the Commonwealth Institute Act 1958 (power to vary the pro-
visions of the said Act of 1925 if an agreement for the purpose is
made with the governments of certain territories which for the time
being are contributing towards the expenses of the Commonwealth
Institute) at the end there shall be added the words “ and Malta ”’.

SCHEDULE 3
ENACTMENTS REPEALED

Chapter Short Title Extent of Repeal

22 & 23 Geo. 5. |The Malta Constitution Act |The whole Act.
ce. 43. 1932.

26 Geo. 5. & 1 |The Malta (Letters Patent) |The whole Act.
Edw. 8.c.29.| Act 1936.

7 & 8 Eliz. 2. |The Malta (Letters Patent) |The whole Act.
c. 14, Act 1959,

1311

Scu. 2

Section 4.

1312 Cu. 86 Malta Independence Act 1964

Table of Statutes referred to in this Act

Short Title Session and Chapter
Colonial Laws Validity Act 1865 28 & 29 Vict. c. 63.
Interpretation Act 1889.. 52 & 53 Vict. c. 63.
Colonial Courts of Admiralty Act 1890 53 & 54 Vict. c. 27.
Merchant Shipping Act 1894 . 57 & 58 Vict. c. 60.
Copyright Act 1911 1 & 2 Geo. 5. c. 46.
Imperial Institute Act 1925 15 & 16 Geo. 5. c. xvii
Statute of Westminster 1931... 22 & 23 Geo. 5. ¢. 4.
Visiting Forces (British Commonwealth) Act1933... ... | 23 & 24 Geo. 5. ¢. 6.
Whaling Industry (Regulation) “Act 1934 | 24 & 25 Geo. 5. c. 49.
Ships and Aircraft (Transfer

Restrictions)
Act

1939... 2 & 3 Geo. 6. c. 70.
Merchant Shipping Act 1948 11 & 12 Geo. 6. c. 44.
British Nationality Act 1948... 11 & 12 Geo. 6. c. 56.
Merchant Shipping

(Safety Convention)
Act

1949. 12, 13 & 14 Geo. 6. c. 43
Income TaxAct 1952 15 & 16 Geo. 6. & 1 Eliz. 2

c. 10.
Diplomatic Immunities (Commonwealth Coun-
tries and Republic of Ireland) Act 1952

Visiting Forces Act 1952

Army Act 1955...
Air Force Act 1955
Copyright Act 1956
Naval Discipline Act 1957
Import Duties Act 1958 .
Commonwealth Institute Act 1958
Emergency Laws (Repeal) Act 1959
Civil Aviation (Licensing) Act 1960
Diplomatic Immunities (Conferences with
Commonwealth Countries and

d Republic
of

Jreland) Act 1961 .
Army and Air Force Act 1961 ..

15 & 16 Geo. 6. & I Eliz. 2.
c. 18.

15 & 16 Geo. 6. & 1 Eliz. 2.
c. 67.

3 & 4 Eliz. 2. c. 18.
3 & 4 Eliz. 2. c. 19.
4 & 5 Eliz. 2. c. 74.
5 & 6 Eliz. 2. c. 53.
6 & 7 Eliz. 2. c. 6.
6 & 7 Eliz. 2. c. 16.
7 & 8 Eliz. 2. c. 19.
8 & 9 Eliz.2. c. 39.
9 & 10 Eliz. 2. c. 11
9 & 10 Eliz. 2. c. 52