1 Provision for fully responsible status of Jamaica.U.K.

(1)As from the sixth day of August, nineteen hundred and sixty-two (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 Jamaica.

(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 Jamaica as part of the law thereof; and as from that day the provisions of the First Schedule to this Act shall have effect with respect to the legislative powers of Jamaica.

2 Consequential modifications of British Nationality Acts.U.K.

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3 Consequential modification of other enactments.U.K.

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(3)For the purposes of the making, on or after the appointed day, of Orders in Council under the M1West Indies Act 1962 and for the purposes of the making on or after that day of grants under section eight of that Act, Jamaica shall be treated as not being a colony within the meaning of that Act.

(4)Subsection (3) of section five of the M2West Indies Act 1962 (which enables provision made by Order in Council for the government of the Cayman Islands and the Turks and Caicos Islands to include provision for the performance of functions by the legislature or other authorities of Jamaica, or by any court of Jamaica) is hereby repealed as from the appointed day:

(a)the operation (whether as part of the law of Jamaica or as part of the law of the Cayman Islands or of the Turks and Caicos Islands) of any Order in Council made before the appointed day, or

(b)the exercise, on or after the appointed day, of any power to revoke or vary an Order in Council made before that day, in so far as any such Order forms part of the law of the Cayman Islands or of the Turks and Caicos Islands.

(5)As from the appointed day, the provisions specified in the Second Schedule to this Act shall have effect subject to the amendments respectively specified in that Schedule, . . . F4

(6)The last preceding subsection shall not extend to Jamaica as part of the law thereof.

4Interpretation.U.K.

(1)In this Act, and in any amendment made by this Act in any other enactment, “Jamaica” includes the islands known as the Morant Cays and the Pedro Cays and any other territories which at the passing of this Act are dependencies of the Colony of Jamaica, but does not include the Cayman Islands or the Turks and Caicos Islands; and in any Act of the Parliament of the United Kingdom passed after the passing of this Act, and in any instrument made after the passing of this Act by virtue of an Act of the Parliament of the United Kingdom (whenever passed), the expression “Jamaica” shall be taken to have the same meaning as in this Act unless a contrary intention is expressed in that Act or instrument, as the case may be.

(2)References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

5 Short title.U.K.

This Act may be cited as the Jamaica Independence Act 1962.

SCHEDULES

Section 1.

FIRST SCHEDULEU.K. Legislative Powers of Jamaica

1U.K.The M3Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by the legislature of Jamaica.

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, subject to paragraph 6 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 Jamaica.

3U.K.The legislature of Jamaica shall have full power to make laws having extra-territorial operation.

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5U.K.Without prejudice to the generality of the preceding provisions of this Schedule, section four of the M4Colonial 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 seven 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 Jamaica.

6(1)Nothing in this Act shall confer on the legislature of Jamaica any power to repeal, amend or modify the constitutional provisions otherwise than in such manner as may be provided for in those provisions.U.K.

(2)In this paragraph “the constitutional provisions” means the following, that is to say—

(a)this Act;

(b)any Order in Council made before the appointed day (whether before or after the passing of this Act) which made or makes provision in respect of Jamaica in pursuance of section five of the M5West Indies Act 1962;

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

Section 3.

SECOND SCHEDULEU.K.Amendments not affecting the Law of Jamaica

Diplomatic immunitiesU.K.

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2U.K.In subsection (6) of section one of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act, 1952, after the word “Tanganyika” there shall be inserted the word “Jamaica”

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FinancialU.K.

4U.K.In subsection (4) of section two of the M6Import Duties Act, 1958, after the word “India” there shall be inserted the word “Jamaica”.

Visiting forcesU.K.

5U.K.In the M7Visiting Forces (British Commonwealth) Act 1933 section four (which deals with attachment and mutual powers of command) shall apply in relation to forces raised in Jamaica as it applies in relation to forces raised in Dominions within the meaning of the M8Statute of Westminster 1931.

6U.K.In the M9Visiting Forces Act 1952—

(a)in paragraph (a) of subsection (1) of section one (which specifies the countries to which that Act applies) for the words “or Tanganyika” there shall be substituted the words “Tanganyika or Jamaica”;

(b)in paragraph (a) of subsection (1) of section ten the expression “colony” shall not include Jamaica;

and, until express provision with respect to Jamaica is made by an Order in Council under section eight of that Act (which relates to the 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 Jamaica.

Ships and aircraftU.K.

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11U.K.In the M10Whaling Industry (Regulation) Act 1934 the expression “British ship to which this Act applies” shall not include a British ship registered in Jamaica.

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CopyrightU.K.

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Commonwealth InstituteU.K.

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