Tuvalu Act 1978

Section 4(3).

SCHEDULE 2Amendments Not Affecting The Law of Tuvalu

Diplomatic immunities

1In section 1(5) of the [1961 c. 11.] Diplomatic Immunities (Conferences with Commonwealth Countries and Republic of Ireland) Act 1961, before the word " and " in the last place where it occurs there shall be inserted the word " Tuvalu ".

Visiting forces

2In the [1933 c. 6.] Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Tuvalu as it applies to forces raised in Dominions within the meaning of the [1931 c. 4 (22 & 23 Geo. 5.).] Statute of Westminster 1931.

3In the [1952 c. 67.] Visiting Forces Act 1952—

(a)in section 1(1)(a) (countries to which the Act applies) at the end there shall be added the words " Tuvalu or ";

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

and, until express provision with respect to Tuvalu 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 Tuvalu.

Ships and aircraft

4In section 427(2) of the [1894 c. 60.] Merchant Shipping Act 1894, as set out in section 2 of the [1949 c. 43.] Merchant Shipping (Safety Convention) Act 1949, before the words " or in any " there shall be inserted the words " or Tuvalu ".

5In the [1934 c. 49.] Whaling Industry (Regulation) Act 1934, the expression " British ship to which this Act applies " shall not include a British ship registered in Tuvalu.

6Tuvalu shall not be a relevant overseas territory for the purposes of sections 21(2) and 22(3) of the [1971 c. 75.] Civil Aviation Act 1971.

Colonial stock

7Section 20 of the [1877 c. 59.] Colonial Stock Act 1877 (which relates to the jurisdiction of courts in the United Kingdom as to colonial stock) shall, in its application to stock of Tuvalu, have effect as if for the second paragraph there were substituted—

“(2)Any person claiming to be interested in colonial stock to which this Act applies, or in any dividend thereon, may institute civil proceedings in the United Kingdom against the registrar in relation to that stock or dividend.

(3)Notwithstanding anything in the foregoing provisions of this section, the registrar shall not by virtue of an order made by any court in the United Kingdom in any such proceedings as are referred to in this section be liable to make any payment otherwise than out of moneys in his possession in the United Kingdom as registrar.”

Commonwealth Institute

8In section 8(2) of the [1925 c. xvii.] Imperial Institute Act 1925, as amended by the [1958 c. 16.] 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 Tuvalu ".