An Act to make provision for, and in connection with, the attainment by Mauritius of fully responsible status within the Commonwealth.
[29th February 1968]
(1)On and after 12th March 1968 (in this Act referred to as “the appointed day”) Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of Mauritius.
(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 Mauritius 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 of Mauritius.
Textual Amendments
F1Ss. 2, 3 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)On and after the appointed day the provisions specified in Schedule 2 to this Act shall have effect subject to the amendments specified respectively in that Schedule.
(4)Subsection (3) of this section, and Schedule 2 to this Act, shall not extend to Mauritius as part of its law.
Textual Amendments
F2S. 4(1) repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3
F3S. 4(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
(1)In this Act, and in any amendment made by this Act in any other enactment, “Mauritius” means the territories which immediately before the appointed day constitute the Colony of Mauritius.
(2)References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.
This Act may be cited as the Mauritius Independence Act 1968.
Section 1.
1U.K.The M1Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of Mauritius.
Marginal Citations
2U.K.No law and no provision of any law made 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 accordingly 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 Mauritius.
3U.K.The legislature of Mauritius shall have full power to make laws having extra-territorial operation.
4U.K.Without prejudice to the generality of the preceding provisions of this Schedule—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)section 4 of the M2Colonial Courts of Admiralty Act 1890 (which requires certain laws to be reserved for the signification of Her Majesty’s pleasure or to contain a suspending clause) and so much of section 7 of that Act as requires the approval of 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 Mauritius.
Textual Amendments
F4Sch. 1 para. 4(a) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)
Marginal Citations
Section 4.
1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F5Sch. 2 para. 1 repealed by Finance Act 1969 (c. 32), Sch. 21 Pt. IX
2 U.K.In section 1(6) of the M3Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the word “and” in the last place where it occurs there shall be inserted the word “Mauritius”.
Modifications etc. (not altering text)
C1The text of Sch. 2 paras. 2, 4, 7, 8, 12, is in the form in which was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which have been made prior to 1.2.1991.
Marginal Citations
3U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
4U.K.In section 2(4) of the M4Import Duties Act 1958, before the words “together with” there shall be inserted the word “Mauritius”.
Modifications etc. (not altering text)
C2The text of Sch. 2 paras. 2, 4, 7, 8, 12, is in the form in which was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which have been made prior to 1.2.1991.
Marginal Citations
5U.K.In the M5Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Mauritius as it applies to forces raised in Dominions within the meaning of the M6Statute of Westminster 1931.
6U.K.In the M7Visiting Forces Act 1952—
(a)in paragraph (a) of section 1(1) (countries to which that Act applies) at the end there shall be added the words “ Mauritius or”;
(b)in section 10(1)(a), the expression “colony” shall not include Mauritius;
and, until express provision with respect to Mauritius is made by an 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 Mauritius.
Modifications etc. (not altering text)
C3The text of Para. 6(a) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which have been made prior to 1.2.1991
Marginal Citations
F77U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 2 para. 7 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)
F88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 2 para. 8 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with ss. 312(1), Sch. 14 para. 1)
9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
10U.K.In the M8Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Mauritius.
Marginal Citations
11U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F10Sch. 2 para. 11 repealed by Civil Aviation Act 1971 (c. 75), Sch. 11
F1112U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 2 para. 12 repealed (7.1.2003) by 2002 c. 39, ss. 3, 4(2), Sch. 3