Ghana Independence Act 1957

Section 4.

SECOND SCHEDULEAmendments not affecting law of Ghana

Diplomatic immunities

1In section four hundred and sixty-one of the Income Tax Act, 1952 (which relates to exemption from income tax in the case of certain Commonwealth representatives and their staffs) for the words " or Ceylon " in both places where they occur there shall be substituted the words " Ceylon or Ghana ".

2In subsection (6) of section one of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act, 1952, after the word " Ceylon " there shall be inserted the word " Ghana " ; and the proviso to subsection (1) of that section shall not apply in relation to Ghana until a law of the Parliament of Ghana making provision for citizenship of Ghana has come into force.

Financial

3As respects goods imported after such date as Her Majesty may by Order in Council appoint, section four of the Import Duties Act, 1932, and section two of the Isle of Man (Customs) Act, 1932 (which relate to imperial preference other than colonial preference) shall apply to Ghana.

4In the Colonial Stock Act, 1934 (which extends the stocks which may be treated as trustee securities), the expression " Dominion " shall include Ghana; and, during any period falling on or after the appointed day during which there is in force as part of the law of Ghana any instrument passed or made before that day which makes provision corresponding to the undertaking required to be given by the Government of a Dominion under paragraph (a) of subsection (1) of section one of that Act, paragraphs (a) and (b) of the said subsection (1) shall be deemed to have been complied with in the case of Ghana.

Visiting forces

5In the Visiting Forces (British Commonwealth) Act, 1933, section four (which deals with attachment and mutual powers of command) and the definition of " visiting force " for the purposes of that Act which is contained in section eight thereof shall apply in relation to forces raised in Ghana as they apply in relation to forces raised in Dominions within the meaning of the Statute of Westminster, 1931.

6In the Visiting Forces Act, 1952—

(a)in subsection (1) of section one (which specifies the countries to which that Act applies) for the words " or Ceylon " there shall be substituted the words " Ceylon or Ghana ";

(b)in paragraph (a) of subsection (1) of section ten the expression " colony " shall not include Ghana or any part thereof;

and, until express provision with respect to Ghana 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 Ghana.

Ships and aircraft

7In subsection (2) of section four hundred and twenty-seven of the Merchant Shipping Act, 1894, as substituted by section two of the Merchant Shipping (Safety Convention) Act, 1949, for the words " or Ceylon " there shall be substituted the words " Ceylon or Ghana ".

8In the proviso to subsection (2) of section six of the Merchant Shipping Act, 1948, for the words " or Ceylon " there shall be substituted the words " Ceylon or Ghana ".

9In the definitions of " Dominion ship or aircraft" contained in subsection (2) of section three of the Emergency Powers (Defence) Act, 1939, and in Regulation one hundred of the Defence (General) Regulations, 1939, the expression " a Dominion " shall include Ghana.

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, Ghana; and the penal provisions of that Act shall not apply to persons in Ghana (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 Ghana.

Copyright

12(1)If on or after the appointed day the Parliament of Ghana repeals or amends the Copyright Act, 1911, in so far as it forms part of the law of Ghana or of any part of Ghana, the following provisions of this paragraph shall have effect.

(2)Any provision of the said Act in force at the date of the repeal or amendment as part of the law of the United Kingdom shall no longer apply in relation to, or to any part of, Ghana, whether as part of Her Majesty's dominions to which that Act extends or by virtue of section twenty-eight of that Act:

Provided that—

(a)this sub-paragraph shall not prejudicially affect any legal rights existing at the time of the repeal or amendment;

(b)Ghana shall be included in the expression " self-governing dominion " for the purposes of subsection (2) of section twenty-five and subsection (3) of section twenty-six of that Act (which relate to reciprocity with self-governing dominions having their own copyright law), and the said subsection (2) shall have effect in relation to Ghana as if that Act, so far as it remains part of the law of Ghana or of any part of Ghana, had been passed by the Parliament of Ghana;

(c)this sub-paragraph shall not apply to any provision of that Act which continues to have effect as part of the law of the United Kingdom by virtue only of paragraph 40 of the Seventh Schedule to the Copyright Act, 1956.

(3)If at the date of the repeal or amendment any provision of the Copyright Act, 1956, has come into operation but does not extend to all parts of Ghana by virtue of an Order in Council made before the appointed day under section thirty-one of that Act and has not been applied in the case of Ghana by an Order in Council made on or after that day under section thirty-two of that Act, any reference in that provision to countries to which that provision extends shall, notwithstanding anything in sub-paragraph (2) of paragraph 39 of the Seventh Schedule to that Act, not be construed as if that provision extended to Ghana or any part thereof.