SCHEDULES

SCHEDULE 2Amendments not Affecting the Law of Malawi

Diplomatic immunities

1In 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 Malawi ";

(b)in subsection (3), before the words " and ' Agent-General' " there shall be inserted the words " or Malawi ".

2In 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 " Malawi ".

3In 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 " Malawi ".

Financial

4In section 2 of the Import Duties Act 1958—

(a)in subsection (4), before the words " together with " there shall be inserted the word " Malawi ", and

(b)in subsection (9), for the word " Nyasaland ", in each place where it occurs, there shall be substituted the word " Malawi ";

and in paragraph 7(a) of Schedule III to the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963 the words " and Nyasaland ", in the second place where they occur, shall be omitted.

Visiting forces

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

6In 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 " Malawi or ";

(b)in section 10(1)(a) the expression " colony " shall not include Malawi;

and, until express provision with respect to Malawi 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 Malawi.

Ships and aircraft

7In section 427(2) of the Merchant Shipping Act 1894, as substituted by section 2 of the Merchant Shipping (Safety Convention) Act 1949, before the words " or in any " there shall be inserted the words " or Malawi ".

8In the proviso to section 6(2) of the Merchant Shipping Act 1948, at the end there shall be added the words " or Malawi ".

9In 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 Malawi ".

10The 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 Malawi; and the penal provisions of that Act shall not apply to persons in Malawi (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).

11In the Whaling Industry (Regulation) Act 1934, the expression " British ship to which this Act applies " shall not include a British ship registered in Malawi.

12In section 2(7)(b) of the Civil Aviation (Licensing) Act 1960, the expression " colony " shall not include Malawi.

Copyright

13If the Copyright Act 1911, so far as in force in the law of Malawi, is repealed or amended by that law at a time when sub-paragraph (2) of paragraph 39 of the Seventh Schedule 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 Malawi, the said sub-paragraph (2) shall thereupon cease to have effect in relation thereto.

Commonwealth Institute

14In section 8(2) of the Imperial Institute Act 1925, as amended by the Commonwealth Institute Act 1958 (power to vary the provisions 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 Malawi ".