The Federation of Rhodesia and Nyasaland and, with it, the Federal Government, the Federal Legislature and, except as provided in section 19, the other Federal authorities established by the Constitution of the Federation shall be dissolved immediately before 1st January, 1964; and accordingly the Constitution of the Federation shall, except as aforesaid, thereupon cease to have effect.

2. Continuation and adaptation of existing law

(1) Subject to the provisions of this section, all law in force in a Territory immediately before the dissolution of the Federation shall continue to have effect as respects that Territory, subject however to amendment or repeal by the Legislature of the Territory or other authority empowered in that behalf.

(2) The Governor of a Territory may, by order made before the dissolution of the Federation, declare that any law of the Federal Legislature specified in the order shall cease to have effect as respects that Territory on the dissolution of the Federation, and that law shall cease to have effect accordingly.

(3) The Governor of a Territory may, by regulation made before 1st July, 1964, make as respects that Territory such modifications or adaptations in any law made by the Legislature of the Territory or the Federal Legislature in force immediately before the dissolution of the Federation and continuing to have effect in that Territory as appear to him necessary or expedient in consequence of any provision of this Order:

Provided that this sub-section shall not have effect in relation to any of the Acts specified in section 68.

(4) Sub-sections (1), (2) and (3) shall have effect subject to the other provisions of this Order.

(5) A regulation made under sub-section (3) shall have effect from such time, not being earlier than the dissolution of the Federation, as may be specified therein:

Provided that where by virtue of any such regulation a power is conferred to make any regulation, order or appointment or to do any other act, the power may be exercised at any time after the making of the first-mentioned regulation, so however that any regulation, order or appointment made or other act done under the power shall not have effect before the first-mentioned regulation has effect.

(6) In this section, any reference to a law made by any legislature includes a reference to any instrument having the force of law made under such a law.

3. Constitution of Liquidating Agency

(1) There is hereby constituted jointly for the Territories an authority which shall be known as the Liquidating Agency.

(2) The Liquidating Agency shall consist of three members, namely the persons for the time being holding or acting in the office of Secretary to the Treasury of Southern Rhodesia, Permanent Secretary to the Ministry of Finance of Northern Rhodesia, and Secretary to the Treasury of Nyasaland, or any office which may be substituted therefor.

(3) A person referred to in sub-section (2) may act through a deputy appointed by him.

4. Agency to be a body corporate

The Liquidating Agency shall be a body corporate and capable of suing and being sued and of purchasing or otherwise acquiring, holding and alienating movable or immovable property and, subject to the provisions of this Order, of doing all such acts as a body corporate may perform.

5. Procedure and exemptions of Agency

(1) The Liquidating Agency shall determine its own procedure; and the question whether it has acted in accordance with the procedure so determined shall not be inquired into by any Court.

(2) The Liquidating Agency shall be exempt from any law of a Territory imposing taxation, stamp duties or other duties, or registration fees.

6. Functions of Agency

(1) It shall be the general function of the Liquidating Agency to wind up the affairs of the Federation and, subject to the provisions of this Order, to dispose of its assets and liabilities.

(2) The Liquidating Agency shall have the following particular functions—

(a) to apportion and distribute as may be agreed between the Governments of the Territories the assets and liabilities of the Federation or of any other body vesting in or devolving upon the Agency by virtue of any provision of this Order;

(b) to exercise until 31st March, 1965, the functions of the Commissioner of Taxes of levying and collecting taxes on income or profits under the Income Tax Act, 1954, or other Act of the Legislature of the Federation, and Territorial surcharge under the Territorial Surcharges Act, 1959, of the Federation, in respect of periods of assessment up to and including the period ended on 31st March, 1963; and

(c) to collect excise duty and surtax payable under section 122 of the Customs and Excise Act, 1955, of the Federation in respect of any month up to and including December, 1963.

(3) The Liquidating Agency shall have such further functions as are conferred by any other provision of this Order or, if within the scope of sub-section (1), by agreement between the Governments of the Territories.

7. Powers of Agency

The Liquidating Agency shall have power to do anything which is calculated to facilitate the discharge of its functions or which is incidental or conducive thereto, including in particular, but without prejudice to the generality of the foregoing power, power—

(a) to declare forfeit to the Agency, after three months’ notice, any unclaimed money or other property held to the order of the Exchange Control Suspense Account of the Federation;

(b) to dispose of outstanding matters in relation to the Commonwealth Assistance Loan under the Federation of Rhodesia and Nyasaland Credit Agreement, 1962;

(c) to pay to the Government of a Territory any expenditure incurred by it in the performance of functions on behalf of Territories jointly;

(d) to invest money in such bonds, stock or other securities as it may think fit;

(e) to borrow sums required by it for meeting any of its obligations or discharging any of its functions;

(f) to write off debts or settle claims;

(g) to delegate the exercise of any of its functions or powers; and

(h) to arrange for the audit of accounts relating to the winding up of the affairs of the Federation.

8. Performance of functions and powers of Agency

(1) Any law in force in a Territory immediately before the dissolution of the Federation shall continue in force in that Territory so far as may be necessary to enable the Liquidating Agency to discharge its functions and exercise its powers under this Order and shall be construed with such modifications and adaptations as may be required for that purpose.

(2) In particular, any provision in any such law conferring or imposing rights, powers or duties on any officer in relation to any matter shall be construed as conferring or imposing such rights, powers or duties on the Liquidating Agency so far as may be necessary to enable it to discharge its functions and exercise its powers in relation to that matter; and the rights, duties and liabilities (including criminal liabilities) of all persons in relation to that matter shall remain as provided by that law.

(3) Nothing in this section shall be construed as giving any person a right of recourse to any Court or tribunal mentioned in section 19.Liquidating Agency ceased to exist on 15th December, 1969. (Gazette Notice No. 2050 of 1969.)*

9. Termination of Liquidating Agency

When the Liquidating Agency is satisfied, with the concurrence of the Governments of the Territories, that it has completed the performance of its functions and made any other arrangements necessary for bringing the Agency to an end, it shall so certify, and thereupon the Agency shall cease to exist.

10. Property of the Federation

(1) Freehold property of the Federation situate in a Territory shall on the dissolution of the Federation vest in Her Majesty, or such other person or authority as the Governor of the Territory may by order have designated, for the purposes of the Government of the Territory; and any such property not so situate shall on the dissolution of the Federation vest in the Liquidating Agency.

(2) The movable property of the Federation including currency notes, coin, bonds, securities, money in any bank and other funds shall, unless otherwise provided by this Order or allocated to the Government of a Territory by agreement made before the dissolution of the Federation, vest on the dissolution in the Liquidating Agency.

(3) Property vested in this section shall be vested subject to any liabilities or obligations relating to that property existing immediately before the dissolution of the Federation.

(4) The officer having charge of any register relating to property vested by this section shall, on application, make the required alterations in the register, and endorsements on the deeds relating to the property, if presented therefor; and no stamp duty or other duties or fees shall be payable in respect thereof.

(5) In this section “property of the Federation” means property vested immediately before the dissolution of the Federation in the Federal Government or Her Majesty or any other person or authority for the purposes of that Government, and includes any rights in respect of such property.

11. Claims by and against the Federal Government

(1) Save as otherwise provided by this Order, sums of whatsoever nature due to be paid to or by the Federal Government before the dissolution of the Federation and any sum payable after the dissolution in respect of a period before the dissolution, shall be paid to or by the Liquidating Agency, or to or by the Government of a Territory if that Government so agrees with the Liquidating Agency; and any right of action in respect of such sums, or otherwise in contract, tort or delict, by or against the Federal Government existing immediately before the dissolution of the Federation may be prosecuted by or against the Liquidating Agency, or the Government of a Territory if that Government so agrees with the Liquidating Agency.

(2) In any action brought in pursuance of this section any defence which would have been available to or against the Federal Government shall be available to or against the Liquidating Agency or the Territorial Government, as the case may be.

12. Outstanding internal public debt of the Federation

(1) The liabilities of the Federation in respect of each of the loans raised in the Federation and specified in Parts A, B and C of Schedule I are hereby apportioned amongst the Territories as follows:

(a) those in Part A as to 52.120 per cent to Southern Rhodesia, 37.127 per cent to Northern Rhodesia, and 10.753 per cent to Nyasaland;

(b) those in Part B as to 50.000 per cent. to Southern Rhodesia and 50.000 per cent. to Northern Rhodesia; and

(2) The liabilities of the Federation as apportioned by sub-section (1) are hereby transferred to the respective Territories in accordance with the provisions of this section.

(3) The Government of each Territory, to the extent of the liability apportioned to it by sub-section (1), is hereby authorised to and shall issue bonds or stock of that Government in substitution for any bonds or stock (in this section referred to as “original bonds or stock”) issued under any Act of the Federal Legislature in respect of any loan referred to in sub-section (1).

(4) Any document of title relating to original bonds or stock shall be valid as against the Territories in proportion to the liability apportioned to them by sub-section (1) in respect of the loan concerned until such time as new documents of title are issued in substitution therefor.

(5) In respect of bonds or stock issued under this section—

(a) interest thereon shall be paid at the place stated therein and in the currency of the Territory of issue, and on the dates and at the percentage rate and on the terms and conditions applicable to the payment of interest on the original bonds or stock;

(b) they shall be redeemable or repayable at the place stated therein and in the currency of the Territory of issue, and otherwise be redeemable or repayable on the terms and conditions applicable to the original bonds or stock; and

(c) they shall be held by the holder in the same right and on the same trusts and subject to the same powers, privileges, charges, restraints and liabilities as those in, on or subject to which he held the original bonds or stock, and any provision of any deed, will, disposition or other instrument shall have the same effect in relation to the bonds or stock issued under this section as it would have had in relation to the original bonds or stock.

(6) In relation to any loans in respect of which no bonds or stock have been issued the lenders shall, subject to the provisions of sub-section (1) and of any agreement entered into with the respective Territories, continue to enjoy the same rights as they enjoyed immediately before the dissolution of the Federation, except that interest on the loans shall be paid, and the loans shall be redeemed or repaid, both in, and in the currency of, the respective Territories.

(7) The Government of each Territory, to the extent of the liability apportioned to it by sub-section (1), shall establish a sinking fund for any bonds or stock for which a sinking fund was required to be established by the Federal Government, and on the same terms and conditions, and shall maintain the sinking fund until the bonds or stock for which it was established are redeemed or repaid.

(8) The sinking funds established by the Federal Government in respect of any loan referred to in sub-section (1) are hereby apportioned amongst the Territories in the same proportions as the relevant loans are apportioned by that sub-section and shall be transferred accordingly to the appropriate sinking funds established under sub-section (7).

(9) The trustees of any such sinking fund established by the Federal Government shall—

(a) as soon as may be after the dissolution of the Federation, submit to the Government of each Territory a full account of the assets of the fund subsisting immediately before the dissolution of the Federation;

(b) take such steps as may be necessary to give effect to the provisions of sub-section (8); and

(c) continue to have all the powers that at present appertain to them in relation to the fund until effect is given to the provisions of sub-section (8) in relation to that fund;

and no stamp duty, transfer fee or any other duty shall be payable in respect of anything done for the purposes of sub-section (8).

(10) Notwithstanding any other provision of this section, the liabilities apportioned and transferred by sub-sections (1) and (2) shall be calculated to the nearest penny, and bonds or stock issued under sub-section (3) shall be expressed in units of one pound nominal or multiples thereof, so however that the aggregate amount of bonds or stock issued shall be of the same face value as the bonds or stock for which they are substituted, and shall be issued to each holder in proportion to the liability in respect of the loan apportioned to the Territory by sub-section (1).

13. Federal tax reserve certificates

The sums standing to the credit of the Tax Reserve Certificates Fund of the Federation immediately before the dissolution of the Federation are hereby vested in the Liquidating Agency, and the Agency shall redeem any Federal Tax Reserve certificates unredeemed before dissolution.

14. Post Office Savings Bank

(1) The assets and liabilities of the Post Office Savings Bank of the Federation as existing immediately before the dissolution of the Federation are hereby vested in the Liquidating Agency and, subject to the provisions of this section, the Agency shall be responsible for the management of the assets and liabilities in accordance with the laws of the Federal Legislature relating thereto immediately before the dissolution.

(2) The Liquidating Agency shall apportion the liabilities of the Savings Bank amongst the Territories according to the Territory in which the passbook held by a depositor was issued or, if a new passbook was issued to him in replacement of a lost passbook, according to the Territory in which the lost passbook was issued; and the assets of the Savings Bank shall be apportioned in accordance with the liabilities.

(3) The Liquidating Agency shall transfer to the Territories the assets and liabilities existing immediately before the transfer in accordance with such apportionment, and on such transfer the functions of the Liquidating Agency under this section shall cease.

15. Post Office savings certificates

The liabilities of the Federation in respect of Post Office savings certificates issued under the Post Office Savings Bank and Savings Certificates Act, 1954, of the Federation are hereby apportioned and transferred to the Government of Southern Rhodesia, and the assets of the Post Office Savings Certificates Fund established by the said Act are hereby vested in that Government.

16. Outstanding external public debt of the Federation

(1) The liabilities of the Federation in respect of each of the loans raised outside the Federation and specified in Parts D, E, F and G of Schedule I are hereby apportioned amongst the Territories as follows—

(a) those in Parts D and E as to 52.120 per cent to Southern Rhodesia, 37.127 per cent to Northern Rhodesia, and 10.753 per cent. to Nyasaland;

(b) those in Part F as to 50.000 per cent to Southern Rhodesia and 50.000 per cent to Northern Rhodesia; and

(2) The liabilities of the Federation as apportioned by sub-section (1) are hereby transferred to the respective Territories.

(3) In respect of any of the said loans—

(a) any bonds or stock issued under any Act of the Federal Legislature shall continue to be valid and, subject to the provisions of sub-section (1) and of any agreement entered into by the respective Territories with the lenders in relation to the loans specified in Part H of Schedule I, continue to confer on the holders thereof the same rights as those enjoyed by the holders immediately before the dissolution of the Federation; and

(b) in relation to which no bonds or stock have been issued the lenders shall, subject to the provisions of sub-section (1) and of any agreement entered into by the respective Territories with the lenders in relation to the loans so specified, continue to enjoy the same rights as they enjoyed immediately before the dissolution of the Federation.

(4) The sinking funds established by the Federal Government in respect of the loans specified in Part D of Schedule I shall continue in existence and the Territories shall, to the extent of the liabilities apportioned to them in respect of those loans by sub-section (1), discharge the liabilities of the Federal Government in relation to the said sinking funds.

(5) The existing trustees of the sinking funds referred to in sub-section (4) shall continue as trustees on the existing terms and conditions and shall administer each sinking fund until the stock for which it is established is redeemed or repaid.

(6) If before the dissolution of the Federation the Governments of the United Kingdom, the Federation and the Territories agree that the liability in respect of any loan apportioned amongst the Territories by sub-section (1) should be transferred to the Territories in accordance with the provisions of section 12 instead of this section, then the provisions of section 12 (except sub-section (1)) shall apply to that loan in substitution for the provisions of sub-sections (2) to (5) of this section but subject to the following modifications—

(a) the references to sub-section (1) of section 12 shall be construed as references to sub-section (1) of this section;

(b) the references in sub-section (5) to the Territory of issue shall be construed as references to the place of issue;

(c) in sub-section (6) the words “except that interest on the loans shall be paid, and the loans shall be redeemed or repaid, both in, and in the currency of, the respective Territories” shall be omitted;

(d) in sub-section (8) the reference to any loan referred to in sub-section (1) shall be construed as a reference to the loan which is the subject of the agreement under this sub-section; and

(e) in sub-section (10) for the words “be expressed in units of one pound nominal or multiples thereof, so however that” there shall be substituted the words “issued so that”.

(7) The Government of the Territories shall cause notice of any agreement under sub-section (6) in respect of a loan to be given to the lenders in such manner as they consider appropriate.

(8) Notwithstanding anything to the contrary contained in the Colonial Stock Acts, 1877 to 1948, the Trustee Investments Act, 1961, or any other law, the registration under the said Colonial Stock Acts of the stock relating to loans specified in Part D of Schedule I shall have the same effect as if the stock had been issued by the Territories and any stock issued by virtue of sub-section (6) in substitution therefor shall be deemed to be registered under those Acts, and the stock shall continue to be, or as the case may be, shall be investments in which a trustee may invest.

17. Winding up of certain bodies established by Federal law

(1) This section applies to the following bodies, that is to say—

(a) the Agricultural Marketing Council established by the Agricultural Marketing Council Act, 1956, of the Federation;

(b) the Cold Storage Commission established by the Cold Storage Commission Act, 1960, of the Federation;

(d) the Federal Broadcasting Corporation established by the Broadcasting Act, 1957, of the Federation;

(e) the Grain Marketing Board established by the Grain Marketing Act, 1957, of the Federation;

(f) the Pig Industry Board established by the Pig Industry Act, 1959, of the Federation;

(g) the North-Eastern Tobacco Marketing Board established by the Tobacco Marketing and Levy Act, 1960, of the Federation;

(h) the South-Western Tobacco Marketing Board established by the said Tobacco Marketing and Levy Act; and

(i) the Tobacco Export Promotion Council of Rhodesia and Nyasaland established by the said Tobacco Marketing and Levy Act.

(2) Each body to which this section applies shall, for the purpose of winding up its affairs before the dissolution of the Federation, and notwithstanding anything in the Act relating to it, have power to do anything which is necessary or expedient for that purpose or is incidental thereto, including in particular, but without prejudice to the generality of that power, power to enter into and carry out agreements for the transfer of its property, rights, liabilities and obligations to any other body or person.

(3) On the dissolution of the Federation each body to which this section applies shall be dissolved, and any property of the body remaining undisposed of shall vest in the Liquidating Agency.

(4) The provisions of sub-sections (3) and (4) of section 10 shall apply to any property vested in the Liquidating Agency by this section, and the provisions of the said sub-section (4) shall apply to any property transferred under sub-section (2), as they apply to property vested by section 10.

(5) The provisions of section 11 shall apply in relation to sums due to or by a body to which this section applies and in relation to any right of action by or against such a body as they apply in relation to sums due to or by, and rights of action by or against, the Federal Government.

18. Pending legal proceedings

(1) In any legal proceedings pending on the dissolution of the Federation there shall be made such substitution of one party for another as may be necessary to take account of any transfer by this Order of functions, rights, liabilities or obligations.

(2) Any appeal brought after the dissolution of the Federation against a decision given in any legal proceedings before the dissolution of the Federation may be brought by or against the party who should, by virtue of sub-section (1), have been the appellant or respondent if the proceedings had continued after the dissolution of the Federation.

19. Temporary continuation of certain Federal Courts

(1) For the purpose of hearing and determining proceedings pending before them immediately before the dissolution of the Federation, except any such proceedings in respect of matters arising from Nyasaland—

(a) the Federal Supreme Court,

(b) the Court Martial Appeal Court,

(d) the Patents Tribunal,

(in this section referred to as “the Courts”) shall, subject to the provisions of this section, continue in existence notwithstanding the dissolution of the Federation; and accordingly the persons holding the offices of the Chief Justice of the Federation, the Federal Justices, the President of the Special Court for income tax appeals and the President of the Patents Tribunal immediately before the dissolution of the Federation shall, subject as aforesaid, continue to hold their respective offices and to enjoy, or be subject to, all the terms and conditions of service which applied to them immediately before the dissolution of the Federation.

(2) In relation to the Federal Supreme Court as continued in existence by this section, paragraph (6) of Article 47 and Articles 48 and 49 of the Constitution of the Federation shall apply as if references therein to the Governor-General were references to the Secretary of State and as if in the said paragraph (6) the words “by instrument under the public seal of the Federation” and the words “on an address from the Federal Assembly praying for his removal” were omitted.

(3) For the purpose of the performance of functions requiring to be performed in order to give effect to this section in relation to the other Courts continued in existence thereby, the laws of the Federal Legislature hereinafter mentioned shall be modified as follows—

(a) section 120 of the Defence Act, 1955 (providing for the appointment of a Registrar of the Court Martial Appeal Court), shall apply as if the reference to the Minister of Defence were a reference to the Chief Justice of the Federation;

(b) section 57 of the Income Tax Act, 1954 (providing for the establishment of the Special Court for income tax appeals), shall apply as if the reference in sub-section (1) to the Governor-General were a reference to the Chief Justice of the Federation, the reference in sub-section (3) to the Minister of Home Affairs after consultation with the President were a reference to the President of the Special Court, the reference in sub-section (4) to the Governor-General were a reference to the Liquidating Agency, and the reference in sub-section (5) to the Minister were a reference to the said President;

(c) section 71 of the Patents Act, 1957 (providing for the establishment of a Patents Tribunal), shall have effect as if the reference in sub-section (1) to the Minister were a reference to the Chief Justice of the Federation, the reference in sub-section (4) to the Minister acting with the approval of the Minister of Finance were a reference to the Liquidating Agency, and the reference in sub-section (5) to the Minister were a reference to the President of the Patents Tribunal.

(4) The administrative expenses of the Courts, including all remuneration and allowances payable to the judges, officers and servants of the Courts, shall be paid out of money in the hands of the Liquidating Agency; and any fees or other money taken by the Courts shall be paid to the Agency.

(5) The provisions of the Constitution of the Federation and of any law or rules of Court in force immediately before the dissolution of the Federation with respect to the jurisdiction, powers, practice and procedure of the Courts shall continue to have effect for the purpose of the hearing and determining by the Courts of proceedings pending before them immediately before the dissolution of the Federation; and the Courts and authorities of Southern Rhodesia and Northern Rhodesia shall continue to act in aid of the Courts in respect of such proceedings.

(6) When the Chief Justice of the Federation is satisfied that the Federal Supreme Court or any other Court continued in existence by this section has disposed of all business which can in his opinion be reasonably dealt with by it under the provisions of this Order he shall, by writing under his hand, so certify, whereupon the Court shall cease to exist; and any business outstanding shall be dealt with in accordance with such provision as may be made by the law of Southern Rhodesia or Northern Rhodesia in relation to matters arising from that Territory.

(7) If the Special Court for income tax appeals or the Patents Tribunal continues in existence after the Federal Supreme Court has ceased to exist, the function conferred by sub-section (6) on the Chief Justice of the Federation shall be performed by the President of the Special Court or the President of the Patents Tribunal, as the case may be.

PART II
THE PUBLIC SERVICE

20. Temporary provision for seconded Federal officers

(1) This section applies to any person who is an officer of the public service of the Federation immediately before the dissolution of the Federation and who is at that time employed on secondment in the public service of a Territory, or is so employed as from the dissolution (hereinafter referred to as a “seconded officer”).

(2) A seconded officer shall, subject to the provisions of this Part, continue as from the dissolution of the Federation to enjoy or be subject to all the terms and conditions of service which applied to him immediately before the dissolution, so however that he may accept any other terms and conditions in substitution therefor.

(3) This section shall cease to apply to any person on 1st June, 1964, or before that date if his employment on secondment is terminated by transfer to the public service of a Territory or otherwise.

21. Constitution of Staff Authority and Staff Commission

(1) There is hereby constituted an authority which shall be known as the Staff Authority and shall consist of a person appointed before the dissolution of the Federation by the Federal Government with the concurrence of the Governments of the Territories.

(2) There is hereby constituted an authority which shall be known as the Staff Commission and shall consist of a person appointed before the dissolution of the Federation by the Federal Government with the concurrence of the Governments of the Territories.

(3) The person constituting the Staff Commission may at any time, with the consent of the Liquidating Agency, appoint to the Commission, on such terms as he may determine, not more than two further persons.

(4) In the event of the death of the person appointed to be the Staff Authority, or appointed under sub-section (2) to be the Staff Commission, or in the event of his becoming incapable of performing his functions, the Governments of the Territories jointly may appoint another person in his place, but before doing so they shall, in the case of an appointment to the Staff Authority, consult the Staff Commission, and in the case of an appointment to the Staff Commission, consult the Staff Authority.

(5) The Staff Authority and the Staff Commission shall cease to exist on 1st June, 1964.Staff Authority and Staff Commission appointed by G.N. 440 of 1963.*

22. Powers of Staff Authority and Staff Commission in relation to seconded officers

(1) The Staff Authority may exercise in relation to seconded officers such powers of or relating to their disciplinary control, suspensions from duty, discharge, and resignation and otherwise as to their conditions of service as were vested immediately before the dissolution of the Federation in the Governor-General of the Federation.

(2) The Staff Commission may exercise in relation to seconded officers such of the said powers as were then vested in the Federal Public Service Commission or any other Federal authority not being the Governor-General.

(3) The Staff Commission shall further have general responsibility for the welfare of seconded officers.

(4) The Staff Authority and the Staff Commission shall exercise their powers under sub-sections (1) and (2) in relation to any seconded officer as nearly as may be in accordance with the provisions applicable to him immediately before the dissolution of the Federation.

23. Staff and expenses of Staff Authority and Staff Commission

(1) The Staff Authority and the Staff Commission respectively may, with the approval of the Liquidating Agency, employ staff to assist them in the discharge of their functions and determine the terms and conditions of service of members of such staff.

(2) The expenses of the Staff Authority and the Staff Commission, including all remuneration and allowances payable to the persons constituting the Authority and the Commission and to members of their staffs, shall be paid out of money in the hands of the Liquidating Agency.

24. Establishment of Central African Pension Fund

(1) There is hereby established a Fund to be called the Central African Pension Fund (hereinafter referred to as “the Fund”).

(2) The purposes of the Fund shall be the payment of pensions, sums by way of commutation of pension and refund of pension contributions, and gratuities, allowances and other benefits to or in respect of persons employed or formerly employed in the public service of the Federation and other persons, in accordance with the provisions of Schedule II.

25. Assets of Fund

(1) The Fund shall consist of—

(a) the sums and other assets standing immediately before the dissolution of the Federation to the credit of the Federal Pension Fund established by the Federal Pension Fund Act, 1956, of the Federation;

(b) all sums paid into the Fund in accordance with Part VII of Schedule II;

(c) such sums as may be provided for the purposes of the Fund by the Government of the United Kingdom or the Government of a Territory or any other authority; and

(d) any other sums or assets which vest in or accrue to the Fund in the course of the operation of the Fund or otherwise.

(2) Sums accruing to the Fund shall be exempt from income tax and any other tax imposed by the law of a Territory.

26. Vesting of Fund in Trustees

(1) The Fund shall vest in trustees (hereinafter referred to as “the Trustees”) to be appointed by the Governments of the United Kingdom, the Federation, Southern Rhodesia, Northern Rhodesia and Nyasaland jointly.

(2) The Trustees shall be domiciled in the United Kingdom.

(3) If the Trustees are not appointed before the dissolution of the Federation, the function of the Federal Government under sub-section (1) shall be discharged by the Staff Authority, and the Fund shall on dissolution vest in the Liquidating Agency, which shall perform the functions of the Trustees until the latter are appointed.

(4) If the Fund so vests in the Liquidating Agency, the Fund shall, on the appointment of the Trustees, vest in them.

(5) The Governments of the Territories may at any time jointly appoint new trustees of the Fund.

27. Establishment of Central African Pension Agency

(1) There is hereby established a Central African Pension Agency (hereinafter referred to as “the Pension Agency”) which shall consist of the officer for the time being performing the functions of Pensions Officer of the Government of Southern Rhodesia.

(2) In carrying out the duties of the Pension Agency such officer shall not be deemed to be acting on behalf of the Government of Southern Rhodesia; and the Pension Agency shall so far as possible, in any matter concerning persons resident in either Northern Rhodesia or Nyasaland, act through the agency of the Pensions Officer of the Government of Northern Rhodesia or of Nyasaland, as the case may be.

(3) The Governments of the three Territories may at any time, in accordance with any representations made by or otherwise with the agreement of the Trustees, jointly appoint another person or body to be the Pension Agency.

28. Functions of Trustees

(1) The Trustees shall—

(a) invest such money in the Fund as are available for investment, and shall have power to realise or vary any investment:

Provided that they shall not realise or vary investments representing any of the loans described in section 12 before maturity unless it is in their opinion necessary to do so to meet the outgoings of the Fund;

(b) make available to the Pension Agency out of the Fund such sums as the Agency may require to make the payments described in section 29;

(c) make periodical reports to the Governments of the United Kingdom and the Territories as to the state of the Fund, with a view to the payment into the Fund by such Governments of such amounts as may be required to meet any deficit in the Fund; and

(d) arrange for the audit of the accounts of the Pension Agency.

(2) The Trustees shall have power to borrow money for the purposes of the Fund, to charge remuneration for their services, and such further functions (if any) in relation to the Fund as may be provided by instrument executed by the Trustees and the Governments of the United Kingdom and the Territories.

29. Charges on Fund

(1) There shall be charged on the Fund, and paid by the Pension Agency, the pensions, gratuities and other payments provided for in Schedule II and required by the provisions of the Schedule to be paid out of the Fund.

(2) There shall further be charged on the Fund—

(a) the expenses incurred by the Trustees and the Pension Agency in performing their functions under this Order, and any charges or losses incurred by the Fund; and

(b) any remuneration payable to the Trustees, the Pension Agency and the staff of the Pension Agency.

30. Further powers and duties of Pension Agency

(1) The Pension Agency shall have, for the purposes of this Order, the powers conferred by any law of the Federal Legislature or instrument made thereunder in force immediately before the dissolution of the Federation or by any contract of service on the Governor-General of the Federation, the Speaker of the Federal Assembly, the Federal Minister of Finance or any other authority of the Federal Government in relation to the payment, discontinuance, suspension, forfeiture, withholding or commutation of a pension or other benefit.

(2) The Pension Agency shall furnish the Trustees with such information as they may from time to time require enabling them to perform their functions under this Order.

31. Contributions to Fund

(1) The contributions required by Schedule II to be paid to the Fund shall be paid to the Pension Agency.

(2) The Pension Agency may apply contributions so received to meet the payments chargeable to the Fund, and shall pay over any contributions not so applied to the Trustees for payment into the Fund.

32. Valuation by actuary

(1) The Fund shall be valued by an actuary appointed by the Trustees at intervals not exceeding five years, and the Trustees shall communicate the actuary’s report to the Governments of the United Kingdom and the Territories if so required by them.

(2) The actuary shall state in his report what in his opinion is the cause of any surplus or deficit in the Fund.

PART III
…

[Rep by Act 17 of 1987 now Chapter 467.]

PART IV
CIVIL AIR TRANSPORT

47. Constitution of Higher Authority for Civil Air Transport

(1) There is hereby constituted jointly for the Territories an authority which shall be known as the Higher Authority for Civil Air Transport.

(2) The Higher Authority shall consist of three members, of whom one shall be a Minister of the Government of Southern Rhodesia, one a Minister of the Government of Northern Rhodesia and one a Minister of the Government of Nyasaland, appointed by their respective Governments.

48. Functions of Higher Authority

(1) The Higher Authority shall have such functions in relation to air services and the control of the Corporation as are conferred by this Part of this Order or any law.

(2) …

[Rep by Act 38 of 1967.]

(3) The Higher Authority may, after consultation with the Corporation, give to it such directions as to the performance of its functions in accordance with the provisions of this Part of this Order and any law as appear to the Higher Authority to be requisite, and the Corporation shall give effect to any such directions.

49. Procedure of Higher Authority

(1) Subject to the provisions of this Part of this Order and of any law, the Higher Authority shall determine its own procedure.

(2) No decision of the Higher Authority shall have effect unless it is unanimous.

50. Constitution of Central African Airways Corporation

There is hereby constituted jointly for the Territories a corporation, to be known as the Central African Airways Corporation, which shall be a body corporate with a common seal and capable of suing and being sued and, subject to the provisions of this Order and any law, of doing all such acts as a body corporate may perform.

51. Membership of Corporation

(1) The Corporation shall consist of—

(a) a Chairman who shall be appointed on the first occasion by the Governments of the Territories jointly and thereafter by the Higher Authority;

(b) five other members, of whom two shall be appointed by the Government of Southern Rhodesia, two by the Government of Northern Rhodesia, and one by the Government of Nyasaland; and

(c) so long as the agreement between the Central African Airways Corporation and the Colonial Development Corporation concluded on 6th September, 1954, so requires, one additional member who shall be appointed by the Higher Authority with the approval of the Commonwealth Development Corporation.

(2) Each member of the Corporation shall be paid out of the funds of the Corporation such remuneration and allowances, if any, and, subject to the provisions of this Part of this Order, shall have such other conditions of service, as the Higher Authority may determine.

52. Disqualifications for membership

No person shall be appointed to be a member of the Corporation who—

(a) is a member of the Legislature of a Territory; or

(b) has, under any enactment in force in any part of the Commonwealth—

(i) been adjudged or otherwise declared bankrupt or insolvent and has not been discharged or rehabilitated; or

(ii) made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside; or

(c) has within the immediately preceding five years served a sentence of imprisonment (by whatever name called) exceeding six months imposed (otherwise than as an alternative to, or in default of, the payment of a fine) in any part of the Commonwealth, and has not received a free pardon in respect of the offence for which he was sentenced.

53. Tenure of office of members

(1) Subject to the provisions of this section, a member of the Corporation shall hold his office for a period of three years from the date of his appointment or such shorter period as may be specified in his instrument of appointment.

(2) The office of a member shall become vacant—

(a) if he resigns by notice in writing given to the Higher Authority; or

(b) if any circumstances arise which, if he were not a member, would cause him to be disqualified for appointment as a member under paragraph (a) or (b) of section 52; or

(d) if the Higher Authority removes him from office for improper conduct as a member or failure to perform efficiently the functions of his office (whether due to infirmity of body or mind or any other cause) or to take all possible steps to cause the Corporation to comply with any Court order requiring it to remedy a default; or

(e) in the case of a member other than the Chairman, if he is absent without the permission of the Chairman from three successive meetings of the Corporation of which he has had notice; or

(f) if the Higher Authority is satisfied that the private interests of the member conflict with his duties as a member and that consequently it is inexpedient for him to continue to hold office as such a member.

(3) A notice of resignation given in terms of paragraph (a) of sub-section (2) shall take effect on the expiration of one month, or such shorter period as may be agreed between the Higher Authority and the member concerned, from the date on which it is given.

(4) A member vacating his office may, unless disqualified for appointment, be again appointed as a member from time to time.

54. Acting appointments

If a member of the Corporation is unable to perform the functions of his office by reason of illness, absence from the Territories, or any other cause, the authority by which that member was appointed may appoint any person, not being a person disqualified for appointment as a member, to act in his place; and any person so appointed shall, subject to the provisions of section 53, continue so to act until the expiration of such period as may be specified in his instrument of appointment or until that member resumes the performance of those functions, whichever is the earlier.

55. Procedure of Corporation

(1) Subject to the provisions of this Part of this Order and of any law and to any direction given to the Corporation by the Higher Authority, the Corporation shall determine its own procedure.

(2) If at a meeting of the Corporation the Chairman and any person appointed to act as Chairman are absent, the members present may elect one of their numbers to preside as chairman of the meeting.

(3) Not less than four members shall form a quorum at a meeting of the Corporation.

(4) Decisions of the Corporation shall be made according to the majority of the votes of the members present and voting at a meeting of the Corporation at which a quorum is present, and in the event of an equality of votes, the member presiding shall have a casting vote.

(5) Decisions taken in accordance with the provisions of sub-section (4) shall be valid notwithstanding any vacancy among the members of the Corporation or that some person who was not entitled so to do voted or otherwise acted as a member.

56. Dissolution of former Corporation and vesting of assets and liabilities in new Corporation

(1) In this section—

“former Corporation” means the Central African Airways Corporation established by the Central African Airways Corporation Act, 1960, of the Federation;

“new Corporation” means the Corporation constituted by section 50.

(2) On the dissolution of the Federation, the former Corporation shall be dissolved and all assets, rights, liabilities and obligations of the former Corporation shall vest in the new Corporation by virtue of this section, and accordingly—

(a) all agreements and instruments giving rise or otherwise relating to such assets, rights, liabilities or obligations which were subsisting immediately before the dissolution shall on and after the dissolution have effect and be enforceable as if references therein to the former Corporation were references to the new Corporation and, where the former Corporation was a party thereto, as if the new Corporation had been a party thereto instead of the former Corporation;

(b) in any legal proceedings connected with such assets, rights, liabilities or obligations which were pending immediately before the dissolution by or against the former Corporation, the new Corporation shall be substituted for the former Corporation as a party.

(3) Where any person who was in the service of the former Corporation immediately before the dissolution becomes by virtue of this section a person in the service of the new Corporation, his service under the former Corporation shall be treated as service under the new Corporation for the purposes of determining rights to or eligibility for pension, gratuity or leave in respect of his service.

(4) Where title to any immovable property or any right or obligation relating to such property is vested in the new Corporation by virtue of this section, and such title, right or obligation or any deed relating thereto has been registered before the dissolution under any law, the officer having charge of the register concerned shall, on application by the new Corporation or any person having an interest in such property, make the necessary alterations in the register and, if presented therefor, endorsements on the deeds relating to the title, right or obligation concerned; and no stamp or other duties shall be payable in respect thereof.

(5) The provisions of sub-section (2) shall have effect subject to any agreement entered into or instrument executed by virtue of section 58.

57. Functions of Corporation

(1) The Corporation shall have such functions within the Territories, within one or more Territories, or outside the Territories, as are conferred by this Part of this Order or any law.

(2) The general function of the Corporation shall be to supply the needs of the Territories for air services within, into, from and through the Territories to the fullest possible extent consistent with the resources of the Corporation.

58. Power of Corporation to execute certain instruments

Notwithstanding any other provision in this Order, the Corporation may, before 1st January, 1964, enter into any agreement, execute any instrument or do any other thing which it deems necessary to enable it to assume its functions on that date.

59. Power of Legislature of Territory to amend Part IV

The provisions of this Part of this Order may, as respects each Territory, be amended or revoked by a law of the Legislature of the Territory.

60. Interpretation

In this Part of this Order, unless inconsistent with the context—

“air services” includes ancillary services and ancillary transport services;

“Corporation” means the Central African Airways Corporation constituted by section 50;

“Higher Authority” means the Higher Authority for Civil Air Transport constituted by section 47.

PART V
AGRICULTURAL RESEARCH

[Rep by Act 56 of 1967.]

61. …

[S 61 rep by Act 56 of 1967].

62. …

[S 62 rep by Act 56 of 1967].

63. …

[S 63 rep by Act 56 of 1967].

64. …

[S 64 rep by Act 56 of 1967].

65. …

[S 65 rep by Act 56 of 1967].

PART VI
Obsolete

PART VII
Obsolete

PART VIII
MISCELLANEOUS

74. Modification of British Nationality Acts

(1) As from the dissolution of the Federation the British Nationality Acts, 1948 and 1958, shall have effect as if—

(a) in section 1(3) of the Act of 1948 (which, as amended by the Act of 1958, includes the Federation among Commonwealth countries with separate citizenship from that of the United Kingdom and Colonies) for the words “the Federation of Rhodesia and Nyasaland” there were substituted the words “Southern Rhodesia”; and

(b) any reference in those Acts to a period of residence in a protectorate included any period of residence in Northern Rhodesia or Nyasaland before the dissolution of the Federation, any period of residence in Northern Rhodesia after the dissolution of the Federation but before 24th October, 1964, and any period of residence in Nyasaland after the dissolution of the Federation but before 6th July, 1964.

(2) Notwithstanding anything in the British Nationality Acts, 1948 and 1958, any person who immediately before the dissolution of the Federation is a citizen of the Federation but is not a citizen of the United Kingdom and Colonies shall become a citizen of the United Kingdom and Colonies on the dissolution of the Federation unless he then becomes a citizen of Southern Rhodesia.

[S 74 am by s 3 of Zambia Independence Act, 1964.]

75. Modification of Acts of Parliament and instruments having effect under an Act

The Acts of Parliament and instruments having effect under an Act of Parliament referred to in Schedule III shall have effect subject to the modifications and adaptations specified in the Schedule.

76. Interpretation

(1) In this Order, except where the context otherwise requires—

“the Federation” means the Federation of Rhodesia and Nyasaland;

“functions” includes duties and powers;

“Governor” includes any person who, under and to the extent of any authority to act therein, is for the time being performing the functions of the office of Governor;

“law” means any provision having the force of law in any Territory;

“the Territories” means Southern Rhodesia, Northern Rhodesia and Nyasaland, and “Territory” shall be construed accordingly.

(2) Any reference in this Order to an Act of the Federation or an Act or Ordinance of a Territory shall be construed as a reference to that Act or Ordinance as amended by any Act or Ordinance passed before the dissolution of the Federation.

(3) Where any law ceases to have effect by virtue of any provision of this Order, section 38(2) of the Interpretation Act, 1889, shall apply to the cesser of that law as it applies to the repeal of an Act of Parliament.

(4) Any reference in this Order to a Schedule, section, sub-section or paragraph not otherwise identified is a reference to that Schedule to, or section of, this Order, or to that sub-section or paragraph of the section or Schedule in which the reference occurs, as the case may be.

(5) Any regulations or order made under the provisions of this Order shall be published in the official Gazette of the Territory in which they have effect.

(6) The Interpretation Act, 1889, shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament.

77. Revocation

The Federation of Rhodesia and Nyasaland Order in Council, 1963, is hereby revoked, but without prejudice to any law or regulation made or other thing done by virtue of that Order.

78. Citation and commencement

(1) This Order may be cited as the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963.

(2) Save as provided in sub-section (3), this Order shall come into operation immediately before 1st January, 1964.

(3) Sections 2 (except sub-section (1)) and 17(2), the provisions of Part III except sections 42, 43 and 45, the provisions of Part IV except sections 48(2), 56, 57 and 59, and section 69 shall come into operation on 21st December, 1963.

SCHEDULE I

[Sections 12 and 16]

PUBLIC DEBT OF THE FEDERATION

PART A

Federation of Rhodesia and Nyasaland 4½% Local Registered Stock, 1970-73.

Federation of Rhodesia and Nyasaland 4½% Local Registered Stock, 1969-71.

Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1974-76.

Federation of Rhodesia and Nyasaland 5¼% Local Registered Stock, 1975-77.

Federation of Rhodesia and Nyasaland 5¾% Local Registered Stock, 1979-81.

Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1964.

Federation of Rhodesia and Nyasaland 6% Local Registered Stock, 1976-79.

Federation of Rhodesia and Nyasaland 5¼% Local Registered Stock, 1964.

Federation of Rhodesia and Nyasaland 6¼% Local Registered Stock, 1980-85.

Federation of Rhodesia and Nyasaland 6½% Local Registered Stock, 1981-86.

Federation of Rhodesia and Nyasaland 6½% Local Registered Stock, 1982-87.

Federation of Rhodesia and Nyasaland 5½% Local Registered Stock, 1965.

Federation of Rhodesia and Nyasaland 6½% Local Registered Stock, 1982-87 (No. 3/62).

Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1965 (No. 4/62).

Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1966 (No. 1/63).

British South Africa Company Investments Limited Loan: 5%, 1969.

Central African Airways “A” Loan: 6¼% 1959-67.

Central African Airways “B” Loan: 6¼%, 1962-66.

Central African Airways “C” Loan: 6¼%, 1963-67.

Central African Airways “D” Loan: 6¼%, 1963-67.

Federal Power Board Loan: 6¼%, 1962-65.

Rhodesian Anglo American Limited Loan: 5½%, 1976-88.

Rhodesia Railways Contributory Pension Fund Loan: 6¼%, 1967.

PART B

British South Africa Company Loan: 5%, 1966-85.

Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1977.

Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1978.

Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1959-79.

Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1960-80.

Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds, 1957-84.

Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds, 1958-85.

Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds, 1959-86.

Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds, 1960-87.

Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds, 1961-88.

Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds, 1962-89.

PART C

British South Africa Company Investments Limited Loan: 5%, 1966-78-to Southern Rhodesia.

Housing Loan from Southern Rhodesia Government: 4½%, 1975-to Southern Rhodesia.

Southern Rhodesia Government (Interim Expenditure) “A” Loan: 5%, 1954-79-to Southern Rhodesia. Southern Rhodesia Government (Interim Expenditure) “B” Loan: 4¾%, 1954-79-to Southern Rhodesia. Housing Loan from Northern Rhodesia Government: 4½%, 1974-to Northern Rhodesia.

Federal Government Promissory Notes for Internal Floating Debt-as follows:

Of the total amount of Federal Government Floating Debt (Promissory Notes) outstanding at the date of dissolution, the portion relating to expenditure from Federal Loan Account up to 30th June, 1963, and to Funded Debt redemptions during the period 1st July, 1963, to 31st December, 1963, to an amount not exceeding 7,410,070 pounds, shall be apportioned

52.120% to Southern Rhodesia.

37.127% to Northern Rhodesia.

10.753% to Nyasaland.

Any balance of Floating Debt outstanding as ascertained by the Liquidating Agency shall be apportioned between the Territories in direct relation to the net expenditure from Federal Loan Votes in or on behalf of each Territory during the period 1st July, 1963, to 31st December, 1963, except that such of the balance as is outstanding in respect of money lent by the Federal Government to statutory corporations shall be apportioned by the Liquidating Agency amongst the Territories.

PART D

Federation of Rhodesia and Nyasaland 4% Registered Stock, 1972-74.

Federation of Rhodesia and Nyasaland 5% Registered Stock, 1975-80.

Federation of Rhodesia and Nyasaland 6% Registered Stock, 1976-79.

Federation of Rhodesia and Nyasaland 6% Registered Stock, 1978-81.

PART E

Federation of Rhodesia and Nyasaland 5¾% External Loan Bonds, 1973.

Barclays Bank D.C.O. Credit 5¾%, 1964.

The Standard Bank Limited Credit 5¾%, 1964.

PART F

International Bank Loan (197 R.N.), 1961-76.

PART G

(a) International Bank Loan (253 R.N.), 1962-69-to Southern Rhodesia.

(b) United Kingdom/Federation of Rhodesia and Nyasaland Credit Agreement, 1962-as follows: The liability of 1,140,000 pounds outstanding at 30th June, 1963, is apportioned 52.120% to Southern

Rhodesia, 37.127% to Northern Rhodesia and 10.753% to Nyasaland: the further liability incurred in the period 1st July, 1963, to 31st December, 1963, to be apportioned between the Territories in direct relation to the net Loan Vote Expenditure by the Federal Government in or on behalf of the Territories in this period, as ascertained by the Liquidating Agency.

The liability to be apportioned as agreed between Southern Rhodesia, Northern Rhodesia, and the lenders.

PART H

International Bank Loan (197 R.N.), 1961-76. International Bank Loan (253 R.N.), 1962-69.

Foreign Operations Administration, Rhodesia Railways Loan, 1957-76. Barclays Bank D.C.O. Credit 5¾%, 1964.

The Standard Bank Limited Credit 5¾%, 1964.

SCHEDULE II

[Sections 24(2), 25(1)(b), 29(1) and 31(1)]

PENSIONS AND OTHER BENEFITS FOR THE FEDERAL PUBLIC SERVICE

PART I
INTERPRETATION OF TERMS

1. (1) In this Schedule, unless inconsistent with the context—

“Branch IV employee” means a person who immediately before the dissolution of the Federation was—

(a) employed in Branch IV of the Federal Public Service; or

(b) a Federal Assembly employee;

“date of the termination of his services”, in relation to an officer, employee, Prison officer or member who is not transferred to the service of the Government of a Territory, means the date of the dissolution of the Federation or, if he is seconded to such service, the date of the termination of his secondment;

“employee” means a Public Service employee or Federal Assembly employee;

“established officer” means an officer who was an established officer or confirmed employee under the Public Service Regulations or the Federal Assembly Regulations;

“established Prison officer” means a Prison officer who was an established officer under the Prisons Regulations;

“Federal Assembly employee” means a person who immediately before the dissolution of the Federation was employed in a non-pensionable post in the Federal Assembly;

“Federal Assembly officer” means a person who immediately before the dissolution of the Federation was employed in a pensionable post in the Federal Assembly, whether or not he was contributing towards a pension;

“the Fund” means the Fund established by section 24;

“home Territory”, in relation—

(a) to an officer who is not a Rhodesia House employee or Mocambique employee or to a Prison officer, means—

(i) if he was born within a Territory, the Territory in which he was born:

Provided that if, immediately prior to his joining the service of the Federal Government he was serving the Government of a Territory other than that in which he was born, that Territory shall be his home Territory;

(ii) if he was not born within a Territory, the Territory in which he has had the longest Government service, whether with the Federal Government or in the service of the Government of a Territory:

Provided that—

(A) if his periods of service in two Territories differ by less than twelve months and his service, if any, in the third Territory is less than his service in either of those two Territories, he may choose either of those two Territories as his home Territory; and

(B) if he joined the service of the Government of a Territory before he joined the service of the Federal Government, he may choose that Territory as his home Territory;

(b) to a Rhodesia House employee or Mocambique employee, means Southern Rhodesia;

(i) in the case of an African member serving in—

(A) the King’s African Rifles or the Northern Rhodesia Regiment, the Northern Rhodesia and Nyasaland Command;

(B) the Rhodesian African Rifles, Southern Rhodesia;

(ii) in the case of a European member serving in the Rhodesian Light Infantry, the Rhodesian Special Air Service or the Royal Rhodesian Air Force, Southern Rhodesia;

(iii) in the case of a European member not referred to in sub-paragraph (ii) of this paragraph, such Territory as he may choose:

Provided that a European member shall not be eligible to choose Nyasaland as his home Territory unless—

(I) he is or has been on the posted or permanently attached strength of the King’s African Rifles or of the Headquarters, Nyasaland area, and its ancillary units; or

(II) he has connections with Nyasaland; or

(III) he intends to take a short service commission or engagement for service in Nyasaland;

“member” means a person who immediately before the dissolution of the Federation was an officer, non-commissioned officer or soldier of the Regular Force of the Army or the Air Force of the Federation, but does not include any person who was—

(a) appointed to honorary commissioned rank; or

(b) the holder of an honorary appointment;

“Mocambique employee” means a person who immediately before the dissolution of the Federation was employed in Portuguese East Africa by the Federal Government in the Customs Department of the Federal Public Service in Portuguese East Africa and was subject to the provisions of the Federal Public Service (Mocambique Permanent Employees) Regulations, 1963, of the Federation;

“Northern Prison officer” means a person who immediately before the dissolution of the Federation was a Prison officer who was a “northern officer” as defined in the Prisons (Senior and Junior Officers) (Pensions) Regulations, 1963, of the Federation and who had not made the election provided for by section 34 of the said Regulations;

“Nyasaland member” means a member who was not born or is not domiciled in Nyasaland and whose home Territory is Nyasaland;

“Nyasaland officer” means an officer or Prison officer who was not born or is not domiciled in Nyasaland and whose home Territory is Nyasaland;

“officer” means a Public Service officer or Federal Assembly officer;

“pensionable emoluments”, in relation to an officer, Prison officer or member, means his pensionable emoluments for the purposes of the Pensions Regulations;

“pensionable service”, in relation to an officer, Prison officer or member, means pensionable service for the purposes of the Pensions Regulations;

“pension under contract” means a person who immediately before the dissolution of the Federation was employed by the Federal Government or Federal Assembly on contract and who was not an officer or an employee;

“Prison officer” means a person who immediately before the dissolution of the Federation was an officer of the Federal Prison Service established by the Prisons Act, 1955, of the Federation;

“Public Service employee” means a person who immediately before the dissolution of the Federation was in the employment of the Federal Government and who was—

(a) a Branch IV employee; or

(b) an “other Government servant” as defined in section 2(1) of the Federal Public Service Act, 1959, of the Federation and was not a Rhodesia House employee or Mocambique employee;

“Public Service officer” means a person who immediately before the dissolution of the Federation—

(a) was not employed in Branch IV of the Federal Public Service; and

(b) was an officer or employee as defined in the Public Service Regulations or had elected to remain subject to his Territorial Regulations and was subject to the Old Territorial Regulations;

“Rhodesia House employee” means a person who immediately before the dissolution of the Federation was a permanent employee on pensionable conditions of service employed by the Federal Government in Rhodesia House, London;

“teacher” means a Public Service officer who immediately before the dissolution of the Federation was appointed to a grade in the Nurse, Matron or Teaching Branch in the Education Group in the Federal Public Service;

“the Federal Assembly Regulations”, in relation to a Federal Assembly officer, means the conditions of service applicable to him which were fixed by the Speaker of the Federal Assembly;

“the Old Territorial Regulations”, in relation to a Public Service officer in Branch III of the Federal Public Service who elected to remain subject to his Territorial regulations, means the conditions of service applicable to him by virtue of that election;

“the Pensions Regulations”, in relation to—

(a) a Public Service officer, means the Public Service Regulations as read with sections 42 and 43 of the Federal Public Service Act, 1959, of the Federation;

(b) a Federal Assembly officer, means the Federal Assembly Regulations;

(d) a member, means the Regular Force Regulations;

“the Prisons Regulations”, in relation to—

(a) a senior or junior officer in the Federal Prison Service, means the Prisons (Senior and Junior Officers) (Pensions) Regulations, 1963, of the Federation;

(b) a subordinate officer, means the Prisons (Subordinate Officers) (Pensions) Regulations, 1963, of the Federation;

“the Public Service Regulations”, in relation to a Public Service officer, means the—

(a) Federal Public Service (European Pensionable Branch) Regulations, 1955; or

(b) Federal Public Service (Married Women) Regulations, 1958; or

(d) Federal Public Service (Branch I) Regulations, 1959; or

(e) Federal Public Service (Branch II) Regulations, 1957; or

(f) Federal Public Service (Branch III) (Uniform) Regulations, 1961; or

(g) Federal Public Service (Branch III) (Southern Rhodesia) Regulations, 1956; or

(h) Federal Public Service (Branches III and IV) (Northern Rhodesia) Regulations, 1957; or

(i) Federal Public Service (Branches III and IV) (Nyasaland) Regulations, 1957; or

(j) Old Territorial Regulations; or

(k) Federal Public Service Act (Pensions) Regulations, 1963; or

(l) Federal Public Service Act (Branch I) (Pensions) Regulations, 1961; or

(m) Federal Public Service Act (Branch II) (Pensions) Regulations, 1960; or

(n) Federal Public Service Act (Branch III) (Pensions) Regulations, 1960; or

(o) Federal Public Service Act (Rhodesia House Permanent Employees) (Pensions) Regulations, 1962; or

(p) Federal Public Service (Mocambique Permanent Employees) Regulations, 1963 of the Federation, whichever were applicable to him on the date of the termination of his services;

“the Regular Force Regulations”, in relation to a member, means the—

(a) Defence (Regular Force) (African Members) Regulations, 1962; or

(b) Defence (Regular Force) (European Members) Regulations, 1961; or

of the Federation, whichever were applicable to him on the date of the termination of his services;

“the service of the Government of a Territory” includes the service of the Legislative Assembly or Legislative Council, as the case may be, of that Territory;

“the Terminal Benefits Regulations”, in relation to—

(a) a Public Service officer who is not a Rhodesia House employee or Mocambique employee, means—

(i) in the case of a Public Service officer who is not a teacher, the Federal Public Service (Terminal Benefits) Regulations, 1963, or the Federal Public Service Act (Terminal Benefits) Regulations, 1963, of the Federation, as the case may be;

(ii) in the case of a Public Service officer who is a teacher, the Federal Public Service (Terminal Benefits) (Teachers) Regulations, 1963, or the Federal Public Service Act (Terminal Benefits) (Teachers) Regulations, 1963, of the Federation, as the case may be;

(b) a Prison officer, means the Prisons (Terminal Benefits) Regulations, 1963, of the Federation.

(2) For the purposes of the definition of “home Territory” in sub-paragraph (1) of this paragraph, if on the date of the termination of his services—

(a) an officer or Prison officer who could, under proviso A or B to sub-paragraph (ii) of paragraph (a) of that definition, have chosen a particular Territory as his home Territory has not made a choice thereunder, his home Territory shall be that determined in accordance with the provisions of the said sub-paragraph (ii);

(b) a member who could, under paragraph (c) of that definition, have chosen a particular Territory as his home Territory has not made a choice thereunder, his home Territory shall be that determined by the Pension Agency.

[Am by SI 244 of 1965.]

PART II
PENSIONS AND ALLOWANCES FOR PENSIONERS AT THE DATE OF THE DISSOLUTION OF THE FEDERATION

2. Pensions and allowances to be paid from the Fund

Subject to the provisions of paragraph 18, any person who immediately before the dissolution of the Federation, whether or not he was employed by the Federal Government, was entitled to—

(a) a pension;

(b) in the case of a person who was a member, a children’s allowance;

(c) in the case of a person who has suffered an injury or disability, an allowance in respect of such injury or disability;

from the Federal Government shall continue to be paid any such pension and, additionally or alternatively, allowance from the Fund.

3. Payment of pensions

Any pension or allowance payable under paragraph 2 shall be paid subject to the conditions applicable to its payment by the Federal Government and on the death of the recipient of the pension there shall be paid to or in respect of any dependent of his any pension provided for in such conditions.

PART III
TERMINAL BENEFITS FOR PERSONS IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT WHO ARE NOT TRANSFERRED TO THE SERVICE OF THE GOVERNMENT OF A TERRITORY

4. Payment of terminal benefits

(1) Subject to the provisions of paragraphs 18 and 22, the terminal benefits under this Part of this Schedule shall be payable to—

(a) any person who—

(i) was employed by the Federal Government immediately before the dissolution of the Federation on pensionable conditions of service; and

(ii) is not transferred to the service of the Government of a Territory on pensionable conditions of service on his ceasing to be employed on or after the dissolution of the Federation on the conditions of service referred to in sub-paragraph (i) of this sub-paragraph; or

(b) any person who—

(i) was employed by the Federal Government immediately before the dissolution of the Federation on non-pensionable conditions of service; and

(ii) is not transferred to the service of the Government of a Territory on his ceasing to be employed on or after the dissolution of the Federation on the conditions of service referred to in sub-paragraph (i) of this sub-paragraph.

(2) The benefits payable to or in respect of any person under this Part of this Schedule shall be paid by the Pension Agency from the Fund:

Provided that any benefit referred to in paragraph 13, 14, 15 or 16 or sub-paragraph (2) of paragraph 17 shall be paid by the Liquidating Agency and shall not be paid from the Fund.

5. Pension or gratuity for established Public Service officers or Federal Assembly officers

On the date of the termination of his services an established officer shall be entitled to—

(a) if the Pensions Regulations provide for the payment of a pension on retirement, an earned pension equal to that which would have been payable to him under the Pensions Regulations had he retired on attaining pensionable age after 10 or more years’ pensionable service on the date of the termination of his services, calculated—

(i) in respect of the period of his pensionable service; and

(ii) on his pensionable emoluments on the date of the termination of his services;

(b) if the Pensions Regulations do not provide for the payment of a pension on retirement, an earned gratuity equal to that which is payable under the Pensions Regulations on retirement.

6. Additional abolition of office pension or gratuity for established Public Service officers or Federal Assembly officers

(1) An established officer referred to in paragraph 5 who—

(a) is a Nyasaland officer; or

(b) has not rejected or has not indicated that he will not accept an offer of employment on pensionable conditions of service by the Government of his home Territory; or

(c) whether or not he has rejected or indicated that he will not accept an offer of employment on pensionable conditions of service by the Government of his home Territory, has accepted an offer of service on contract with the Government of Nyasaland to commence immediately after the date of the termination of his services; shall, in addition to his earned pension or gratuity under paragraph 5, be entitled to an abolition of office pension or gratuity, calculated in accordance with sub-paragraph (2) of this paragraph.

(2) The additional abolition of office pension or gratuity referred to in sub-paragraph (1) of this paragraph shall be—

(a) in the case of an established officer who is entitled to a pension, a pension equal to—

(i) one-third of his earned pension under paragraph 5; or

(ii) the amount, if any, by which his earned pension under paragraph 5 is less than two-thirds of his pensionable emoluments on the date of the termination of his services; or

(iii) the pension which he would earn under the Pensions Regulations for a period of pensionable service from the date of the termination of his services to the date when he would attain the age of 65 years;

whichever is the least;

(b) in the case of an established officer who is entitled to a gratuity, an amount equal to the additional gratuity, if any, payable to him under the Pensions Regulations on loss of office.

7. Pension or gratuity plus refund of pension contributions for established Prison officers

(1) On the date of the termination of his services an established Prison officer shall be entitled to—

(a) in the case of a Northern Prison officer, an earned pension equal to that which would have been payable to him under the Prisons Regulations, had he retired on attaining pensionable age after 10 or more years’ pensionable service on the date of the termination of his services, calculated—

(i) in respect of the period of his pensionable service; and

(ii) on his pensionable emoluments on the date of the termination of his services;

(b) in the case of a Prison officer who is not a Northern Prison officer, either an earned pension with no refund of pension contributions or an earned gratuity plus a refund of his pension contributions, as he may elect, calculated in accordance with the Prisons Regulations.

(2) The election referred to in sub-paragraph (b) of sub-paragraph (1) of this paragraph may be made by the Prison officer at any time before or within 14 days after the date of the termination of his services and shall be—

(a) made in writing to the Pension Agency; and

(b) irrevocable.

(3) If a Prison officer has not made the election referred to in sub-paragraph (b) of sub-paragraph (1) of this paragraph within 14 days after the date of the termination of his services he shall be deemed to have elected to be paid an earned gratuity plus a refund of his pension contributions.

8. Additional abolition of office pension or gratuity for established Prison officers

(1) An established Prison officer referred to in paragraph 7 who—

(a) is a Nyasaland officer; or

(b) has not rejected or has not indicated that he will not accept an offer of employment on pensionable conditions of service by the Government of his home Territory; or

shall, in addition to his earned pension, be entitled to an abolition of office pension or, if he has elected under paragraph 7 to be paid an earned gratuity plus a refund of his pension contributions, an abolition of office gratuity, calculated in accordance with sub-paragraph (2) of this paragraph.

(2) The additional abolition of office pension or gratuity referred to in sub-paragraph (1) of this paragraph shall be—

(a) in the case of a Northern Prison officer, a pension equal to—

(i) one-third of his earned pension under paragraph 7; or

(ii) the amount, if any, by which his earned pension under paragraph 7 is less than two-thirds of his pensionable emoluments on the date of the termination of his services; or

(iii) the pension which he would earn under the Prisons Regulations for a period of pensionable service from the date of the termination of his services to the date when he would attain the age of 65 years;

whichever is the least;

(b) in the case of a Prison officer who is not a Northern Prison officer, a pension or gratuity, as the case may be, equal to one-third of his earned pension or gratuity, as the case may be, under paragraph 7:

Provided that, if the aggregate of the additional abolition of office pension or gratuity and the earned pension or gratuity exceeds a pension or gratuity, as the case may be, calculated in respect of a period of pensionable service of 420 months, the additional abolition of office pension or gratuity shall be reduced by the amount of the excess.

[Am by GN 283 of 1964.]

9. Pension or gratuity plus refund of pension contributions for members with two or more years’ pensionable service

(1) On the date of the termination of his services a member whose pensionable service amounts to two years or more and who is not transferred to the British Army or Royal Air Force on a permanent regular commission or engagement shall be entitled to either an earned pension with no refund of pension contributions or an earned gratuity plus a refund of his pension contributions, as he may elect, calculated in accordance with the Regular Force Regulations.

(2) The election referred to in sub-paragraph (1) of this paragraph may be made by the member at any time before or within 14 days after the date of the termination of his services and shall be—

(a) made in writing to the Pension Agency; and

(b) irrevocable.

(3) If a member has not made the election referred to in sub-paragraph (1) of this paragraph within 14 days after the date of the termination of his services he shall be deemed to have elected to be paid an earned gratuity plus a refund of his pension contributions.

(4) In the case of a member whose pensionable service amounts to two years or more and who is transferred to the British Army or Royal Air Force on a permanent regular commission or engagement, there shall be paid to the United Kingdom Government on the transfer of that member an amount equal to the earned gratuity that would otherwise have been paid to that member, calculated in accordance with the Regular Force Regulations.

10. Additional abolition of office pension or gratuity for members with two or more year’s pensionable service

(1) A member referred to in sub-paragraph (1) of paragraph 9 who—

(a) is a Nyasaland member; or

(b) has not rejected or has not indicated that he will not accept an offer of employment on pensionable conditions of service by the Government of his home Territory;

shall, in addition to his earned pension, be entitled to an abolition of office pension or, if he has elected under paragraph 9 to be paid an earned gratuity plus a refund of his pension contributions, an abolition of office gratuity, calculated in accordance with sub-paragraph (2) of this paragraph.

(2) The additional abolition of office pension or gratuity referred to in sub-paragraph (1) of this paragraph shall be a pension or gratuity, as the case may be, equal to—

(a) one-third of his earned pension or gratuity, as the case may be, under paragraph 9; or

(b) the difference between his earned pension or gratuity, as the case may be, under paragraph 9 and the maximum pension or gratuity he could have earned under the Regular Force Regulations, calculated on his pensionable emoluments on the date of the termination of his services; or

(c) the pension or gratuity, as the case may be, which he would earn under the Regular Force Regulations for a period of pensionable service from the date of the termination of his services to the date when he would attain the age of 55 years;

whichever is the least.

11. Benefits for Branch IV employees

(1) Save as is otherwise provided in sub-paragraph (2) of this paragraph, on the date of the termination of his services a Branch IV employee who has been confirmed in his appointment or, in the case of a Southern Rhodesia employee, whose qualifying service under his conditions of service amounts to 10 years or more shall be entitled to a gratuity or pension, as the case may be, equal to the gratuity or pension that he would have been paid under his conditions of service had he retired on that date.

(2) A Branch IV employee who—

(a) has not rejected or has not indicated that he will not accept an offer of employment by the Government of the Territory in which he was employed; and

(b) has been confirmed in his appointment or, in the case of a Southern Rhodesia employee, has qualifying service under his conditions of service amounting to four years or more;

shall, on the date of the termination of his services, be entitled to a gratuity or pension, as the case may be, equal to the gratuity or pension that he would have been paid under his conditions of service had he been discharged on that date on the grounds of abolition of office.

(3) For the purposes of sub-paragraph (2) of this paragraph—

“Southern Rhodesia employee” means a Branch IV employee who has been employed in Southern Rhodesia for all or most of the period of his service with the Federal Government.

12. Refund of pension contributions

On the date of the termination of his services a refund of his pension contributions, if any, calculated in accordance with the provisions of the Pensions Regulations, shall be paid to—

(a) an officer on probation;

(b) a Prison officer on probation;

(d) a member whose pensionable service amounts to two years or more and who is transferred to the British Army or Royal Air Force on a permanent regular commission or engagement.

13. Cash in lieu of notice

(1) Subject to the provisions of sub-paragraph (4) of this paragraph, on the date of the termination of his services there shall be paid—

(a) to an established officer who is not a teacher, to an established Prison officer or to a member whose pensionable service amounts to two years or more, three months’ pay;

(b) to an officer on probation who is not a teacher, to a Prison officer on probation or to a member whose pensionable service amounts to less than two years, one month’s pay;

calculated at the rate of his salary or, in the case of a member, at the rate of his pensionable emoluments, on the date of the termination of his services, less the aggregate of his salary or, in the case of a member, the aggregate of his pensionable emoluments, if any, in respect of the period—

(i) if he was notified on the first day of any month of the date of the termination of his services, from that day;

(ii) if he was notified on a day other than the first day of a month of the date of the termination of his services, from the first day of the month following that in which he was so notified;

until the date of the termination of his services.

(2) Subject to the provisions of sub-paragraph (4) of this paragraph, on the date of the termination of his services there shall be paid to a Public Service officer who is a teacher and who is not seconded to the service of the Government of a Territory—

(a) in the case of an established officer, four months’ pay;

(b) in the case of an officer on probation, one month’s pay;

calculated at the rate of his salary on the date of the termination of his services.

(3) Subject to the provisions of sub-paragraph (4) of this paragraph, on the date of the termination of his services there shall be paid to an employee or person under contract who has not been given notice under his conditions of service or contract, as the case may be, or who has been given notice thereunder the period of which has not expired, an amount equal to his salary for the period of such notice or the unexpired portion of such period, as the case may be:

Provided that if, in the case of a person under contract, his contract would have expired before the end of the period of such notice or the unexpired portion of such period, he shall be paid an amount equal to his salary in respect of the period until his contract would have expired.

(4) No payment in terms of this paragraph shall be made to—

(a) an officer or Prison officer who has accepted employment on contract with the Government of Nyasaland; or

(b) a member who has accepted employment on contract with the Government of Northern Rhodesia or Nyasaland; or

(d) an officer, Prison officer or member who is serving on secondment with the Government of a Territory and who terminates his secondment; or

(e) an employee or person under contract who on the termination of his services with the Federal Government is employed by the Government of a Territory.

14. Cash in lieu of leave

(1) On the date of the termination of his services there shall be paid to—

(a) an officer, Prison officer, employee or person under contract, if his service with the Federal Government or Federal Assembly, as the case may be, amounts to not less than one year; and

(b) a member, if his pensionable service amounts to not less than one year;

the cash equivalent of any vacation leave accrued to him, calculated—

(i) in the case of a Public Service officer who is not a Rhodesia House employee, at the rate of salary of that officer together with any allowance received by him which the Federal Minister of Finance has declared to be part of the salary of an officer for the purposes of the Terminal Benefits Regulations in calculating the cash in lieu of leave payable under those Regulations;

(ii) in the case of a Federal Assembly officer, a Prison officer, a Rhodesia House employee or a person under contract, at the rate of salary received by him;

(iii) in the case of an employee, at the rate of pay received by him, including, in the case of a Branch IV employee who is a Southern Rhodesia employee as defined in sub-paragraph (3) of paragraph 11, any quarters allowance received by him as part of his emoluments;

(iv) in the case of a member, at the rate of pay and allowances that he would have received had he proceeded on vacation leave on the day immediately preceding the date of the termination of his services.

(2) For the purposes of sub-paragraph (1) of this paragraph—

(a) a member who is serving on an initial engagement and whose pensionable service amounts to not less than one year shall be treated as though he had accrued vacation leave at the rate of 20 days per annum during the period of his engagement:

Provided that any fraction of a day of such vacation leave shall be ignored;

(b) a Public Service officer or Public Service employee who was appointed to the Federal Public Service on the 2nd January, 1963, and whose date of the termination of his services is the 31st December, 1963, shall be deemed to have had one year’s service with the Federal Government.

15. Transport allowance

(1) Subject to the provisions of this paragraph, there shall be paid to—

(a) an officer, other than a Rhodesia House employee; or

(b) a Public Service employee who, immediately before the dissolution of the Federation, was employed as an artisan or leading hand in the Federal Ministry of Works in Southern Rhodesia; or

(d) a Prison officer; or

(e) a member;

who moves residence from the place where he was stationed at the date of the termination of his services, the cost of transporting himself, his dependants and his household effects, not exceeding 5,000 lb., to such place within the Territories or, in the case of an employee referred to in sub-paragraph (b) of this sub-paragraph, to such place within Southern Rhodesia, as he may elect.

(2) The cost referred to in sub-paragraph (1) of this paragraph shall be calculated in accordance with the costs which would have been paid to that person under his conditions of service had he been transferred by the Federal Government or, in the case of a Federal Assembly officer, in accordance with the costs that would have been paid to him had he been a Public Service officer: Provided that—

(i) in the case of a person other than a member, no subsistence or other allowance under his conditions of service shall be paid to him in respect of himself or any dependant;

(ii) in the case of a member, no subsistence allowance or allowance, other than a rations allowance, under the Regular Force Regulations shall be paid to him in respect of himself or any dependant.

(3) The cost referred to in sub-paragraph (1) of this paragraph shall not include the cost of transporting a motor vehicle, save in the case of a person who on the date of the termination of his services was stationed in Nyasaland and whose motor vehicle is transported by rail.

(4) A person referred to in sub-paragraph (1) of this paragraph shall not be entitled to any benefits under this paragraph unless he moves residence and submits a claim for the benefits within six months of the date of the termination of his services.

(5) No benefit under this paragraph shall be paid to—

(a) an officer or Prison officer who has accepted employment on contract with the Government of Nyasaland; or

(b) a member who has accepted employment on contract with the Government of Northern Rhodesia or Nyasaland; or

16. Travel grant

(1) Subject to the provisions of sub-paragraph (4) of this paragraph, on the date of the termination of his services a travel grant calculated in accordance with the provisions of sub-paragraph (2) of this paragraph shall be paid to—

(a) an established officer, other than a Rhodesia House employee;

(b) an established Prison officer;

(c) a member who on the date of the termination of his services was subject to the provisions of the Defence (Regular Force) (European Members) Regulations, 1961, or Defence (Regular Forces) (Officers) Regulations, 1960, of the Federation, and whose pensionable service amounts to two years or more.

(2) The travel grant referred to in sub-paragraph (1) of this paragraph shall be—

(a) in the case of a Category A officer or member—

(i) if he is not married or is a married woman officer, 25 pounds; or

(ii) if he is married and is not a married woman officer, 50 pounds; and

(iii) if he has dependent children under 18 years of age—

(A) in respect of each such child who is 7 years of age or over but under 16 years of age, 10 pounds;

(B) in respect of each such child who is 16 years of age or over, 25 pounds;

(b) in the case of a Category B officer—

(i) if he is not married, 16 pounds; or

(ii) if he is married, 32 pounds;

(i) if he is not married, 6 pounds; or

(ii) if he is married, 12 pounds.

(3) For the purposes of sub-paragraph (2) of this paragraph—

“Category A officer or member” means—

(a) a Public Service officer who on the dissolution of the Federation was in the European Pensionable Branch or Branch I of the Federal Public Service; or

(b) a Federal Assembly officer who contributed under the Federal Assembly Regulations towards a pension; or

(c) a Prison officer who on the date of the termination of his services was a senior or junior officer in the Federal Prison service; or

(d) a member referred to in sub-paragraph (c) of sub-paragraph (1) of this paragraph;

“Category B officer” means a Public Service officer who on the dissolution of the Federation was in Branch II of the Federal Public Service;

“Category C officer” means—

(a) a Public Service officer who on the dissolution of the Federation was in Branch III of the Federal Public Service; or

(b) a Federal Assembly officer who did not contribute under the Federal Assembly Regulations towards a pension; or

(c) a Prison officer who on the date of the termination of his services was a subordinate officer in the Federal Prison Service.

(4) No travel grant under this paragraph shall be paid to—

(a) a married woman officer who is married to an officer; or

(b) an officer or Prison officer who has accepted employment on contract with the Government of Nyasaland; or

(d) a member who is transferred to the British Army or Royal Air Force.

17. Persons under contract

(1) A person under contract who is serving on terms which are the same as those for a Public Service officer and who, under his contract, is entitled to a pension on the termination of his contract shall be entitled to the benefits he would have been paid under this Part had he been a Public Service officer and—

(a) for the purposes of calculating his earned pension and abolition of office pension, if any, the provisions of his contract shall be deemed to be the Public Service Regulations;

(b) for the purpose of calculating any travel grant under paragraph 16 he shall be deemed to have been in that Branch of the Federal Public Service the regulations applicable to which resemble most closely the conditions of his contract.

(2) A person under contract who, under his contract, is entitled to any transport benefits on the termination of his contract shall, on the termination of his services, be entitled to such benefits as are provided for in his contract but, in such a case, shall not be entitled to any transport benefits by virtue of the provisions of sub-paragraph (1) of this paragraph.

18. Members of the Federal Public Service Commission

On the dissolution of the Federation any member of the Federal Public Service Commission who, on the day prior to the dissolution of the Federation, was a “service member” as defined in section 2 of the Federal Public Service Act, 1959, of the Federation, shall be entitled to such of the benefits provided for in this Part of this Schedule as he would have been paid had he remained an officer in the European Pensionable Branch of the Federal Public Service, and, if he retired from the Federal Public Service Commission on the day prior to the dissolution of the Federation, he shall cease to be entitled to and shall not be paid any benefit under Part I of the said Act.

19. Children’s allowances for members

On the date of the termination of his services a member—

(a) who has attained the age of 50 years; or

(b) whose pensionable service amounts to 20 years or more; or

(c) who has not been made an offer of employment on pensionable conditions of service by the Government of any Territory and—

(i) has attained the age of 45 years; or

(ii) whose pensionable service amounts to 15 years or more;

and who would have been eligible for the payment of a children’s allowance had he retired on that date shall be paid such allowance in respect of his children born on or before that date in accordance with the conditions under which such allowance was paid before the dissolution of the Federation.

20. Payments of pensions under this Part

A person who becomes entitled to a pension under this Part of this Schedule shall be paid such pension or any commutation thereof in accordance with the provisions of the Pensions Regulations and on his death there shall be paid to or in respect of any dependant of his any pension provided for in the Pensions Regulations:

Provided that, if that person applies for the commutation of his pension or a portion thereof before the date of the termination of his services or after that date but within one month thereof, he shall not be required to complete a declaration of health nor to submit to examination by a medical board and the Pension Agency may grant the commutation in terms of the Pensions Regulations without first granting provisional approval therefor.

21. Provisions as to what constitutes rejection of offers of employment

(1) For the purposes of paragraphs 6 and 8—

(a) an established officer or established Prison officer shall be deemed not to have rejected an offer of employment on pensionable conditions of service made by the Government of Southern Rhodesia unless—

(i) he has rejected both an offer of permanent transfer and an offer of provisional transfer; or

(ii) he has accepted an offer of permanent or provisional transfer and before being transferred he terminates his secondment or refuses to be transferred;

(b) subject to the provisions of sub-paragraph (a) of this sub-paragraph an established officer or established Prison officer shall be deemed to have rejected an offer of employment on pensionable conditions of service by the Government of his home Territory if—

(i) he does not accept such an offer within a reasonable time of its being made to him; or

(ii) he accepts an offer of employment on pensionable conditions of service by the Government of a Territory other than his home Territory or an offer of employment on contract by the Government of Nyasaland and before being transferred or commencing such employment, as the case may be, he terminates his secondment or refuses to be transferred or to commence such employment, as the case may be.

(2) For the purposes of paragraph 10, a member shall be deemed to have rejected an offer of employment on pensionable conditions of service by the Government of his home Territory if—

(a) he does not accept such an offer within a reasonable time of its being made to him; or

(b) he accepts an offer of employment on pensionable conditions of service by the Government of a Territory other than his home Territory or an offer of employment on contract by the Government of Nyasaland and before being transferred or commencing such employment, as the case may be, he terminates his secondment or refuses to be transferred or to commence such employment, as the case may be.

22. Benefits in respect of officers, Prison officers or members on secondment who are discharged or dismissed or who die

Notwithstanding anything to the contrary contained in the foregoing provisions of this Part of this Schedule, if an officer, Prison officer or member who is seconded to the service of the Government of a Territory is discharged or dismissed or dies whilst on such secondment, that officer, Prison officer or member or his widow, child or estate, as the case may be, shall be paid from the Fund the benefits payable under the Pensions Regulations on the discharge, dismissal or death, as the case may be, of that officer, Prison officer or member and no benefits provided for in the foregoing provisions of this Part of this Schedule shall be payable to that officer, Prison officer or member, or to or in respect of his widow, child or estate.

PART IV
PENSION RIGHTS OF PERSONS IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT TRANSFERRED TO THE SERVICE OF AN APPROVED GOVERNMENT, INSTITUTION OR

EMPLOYER ON PENSIONABLE CONDITIONS OF SERVICE

23. Interpretation of terms

In this Part of this Schedule, unless inconsistent with the context—

“approved”, in relation to a Government, institution or employer, means approved under and for the purposes of the Pensions Regulations;

“average retiring emoluments”, in relation to a transferred officer who retires or is discharged from or dies while serving with the Government of a Territory, means the pensionable emoluments accepted by that Government for the purpose of calculating that officer’s pension or gratuity, or the pensionable emoluments which would have been accepted by that Government for the purpose of calculating that officer’s pension or gratuity had he retired at the date of his death;

“date of transfer”, in relation to a transferred officer, means the date on which he is transferred to the service of the Government of a Territory;

“emoluments accepted as pensionable”, in relation to a transferred officer, means the emoluments of that officer during his pensionable employment which are accepted by the Government of the Territory as pensionable under his conditions of service with that Government;

“emoluments factor”, in relation to a transferred officer, means the aggregate of his pensionable emoluments during his pensionable service divided by the aggregate of his pensionable emoluments during his pensionable service and his emoluments accepted as pensionable during his pensionable employment;

“officer”, includes a person who immediately before the dissolution of the Federation was a “service member” as defined in section 2 of the Federal Public Service Act, 1959, of the Federation;

“pensionable employment”, in relation to—

(a) a transferred officer who before he became a transferred officer was a Southern Rhodesia officer, means his period of employment with the Government of a Territory after his date of transfer;

(b) a transferred officer other than a transferred officer referred to in paragraph (a) of this definition, means his period of employment with the Government of a Territory, whether that employment was before or after his pensionable service, which is recognised by that Government as pensionable;

“Southern Rhodesia officer” means an officer, Prison officer or member who had served with the Government of Southern Rhodesia on pensionable or gratuitable conditions of service immediately prior to his appointment or transfer to the service of the Federal Government or Federal Assembly;

“transferred officer” means an officer, Prison officer or member who on or after the dissolution of the Federation is transferred to the service of the Government of a Territory on pensionable conditions of service.

24. Persons seconded or transferred before the dissolution of the Federation

Any person who—

(a) was employed by the Federal Government on pensionable conditions of service; and

(b) before the dissolution of the Federation had been seconded to the service of an approved Government, institution or employer or transferred to the service of an approved Government, institution or employer on conditions that conferred on him rights to a pension in respect of his pensionable service with the Federal Government; and

(c) immediately before the dissolution of the Federation was still serving with the approved Government, institution or employer on secondment or transfer;

shall on the termination of his services with that approved Government, institution or employer, or any other approved Government, institution or employer to whom he may have been subsequently seconded or transferred, be paid from the Fund such pension or other benefit as was provided in the conditions under which he was seconded or transferred, as the case may be, or, if he dies whilst he is still serving with an approved Government, institution or employer, the appropriate benefits provided in such conditions shall be paid to or in respect of any dependant of his or to his estate, as the case may be, in accordance with the provisions of such conditions:

Provided that if in the case of any such person the actual conditions under which he had been transferred were not fixed he shall be deemed to have been transferred on the conditions provided in paragraph 25 of this Schedule.

[Am by SI 244 of 1965.]

25. Persons transferred to the service of the Government of a Territory after the dissolution of the Federation

(1) The provisions of the Pensions Regulations other than those provisions relating to the transfer of officers from the service of the Federal Government, shall apply in relation to the pension, gratuity, refund of pension contributions or other benefit payable to a transferred officer who retires, resigns or is discharged or dismissed from the service of the Government of a Territory, or to or in respect of the widow, child or estate of such an officer, subject to the following modifications—

(a) the pensionable age of a transferred officer who retires from the service of the Government of a Territory shall be the age at which he is permitted or required to retire from that service;

(b) with effect from his date of transfer a transferred officer who contributes towards his pension shall cease to contribute to the Fund but any balance of contributions together with interest thereon due from him under the Pensions Regulations immediately before his date of transfer shall be paid into the Fund in accordance with the provisions of the Pensions Regulations;

(c) subject to the provisions of this paragraph, on the retirement, resignation, discharge or dismissal of a transferred officer from the service of the Government of a Territory or on his death the sum payable from the Fund to the transferred officer as a portion of the pension, gratuity or refund of pension contributions due to such officer, his widow, child or estate shall be determined as though he had retired or resigned or been discharged or dismissed from the service of the Federal Government or had died as a pensioner or as an established officer, established Prison officer or member, as the case may be, in like circumstances:

Provided that if, in the case of an officer or Prison officer, at the time of his resignation, discharge or dismissal from the service of the Government of that Territory or his death he was on probation in that service he shall be deemed to have resigned or been discharged or dismissed from the service of the Federal Government or died as an officer on probation or Prison officer on probation in like circumstances;

(d) for the purpose of determining whether a transferred officer has completed a period of pensionable service amounting to 5, 10, 15, 20, 25 or 30 years, as the case may be, his period of pensionable employment shall be deemed to be continuous with and form part of his pensionable service;

(e) in calculating any refund of pension contributions payable to a transferred officer the reference, if any, in the Pensions Regulations to the number of complete years in respect of which he has paid contributions shall be read and construed as a reference to the number of complete years from the date from which he first contributed for purposes of the Pensions Regulations to the date of his resignation or discharge, as the case may be, from the service of the Government of the Territory;

(f) the pension or gratuity payable to or in respect of a transferred officer shall be the appropriate pension or gratuity, as the case may be, calculated in accordance with the provisions of the Pensions Regulations, as read with this paragraph, and multiplied by the emoluments factor:

Provided that no payment shall be made in respect of—

(i) an additional pension awarded as compensation for loss of office with that Government;

(ii) an additional period added to a period of pensionable employment as compensation for loss of office with that Government;

(iii) a pension, gratuity or other benefit awarded as compensation for ill health, physical unfitness, physical incapacity, personal injury or loss of life caused or aggravated by the discharge of his official duties with the Government of that Territory, although a transferred officer shall be entitled to compensation in respect of an injury which occurred prior to his date of transfer, even though the injury does not manifest itself until after the date of transfer;

(g) any reference in the Pensions Regulations to “average pensionable emoluments” or “retiring pensionable emoluments”, as the case may be, shall be read and construed as a reference to “average retiring emoluments”;

(h) in calculating for the purposes of Part V of the Federal Public Service (European Pensionable Branch) Regulations, 1955, of the Federation the “deficit” as defined in section 51 of the said Regulations, any pension payable to the widow, child or beneficiary, as the case may be, of that officer by the Government of the Territory in respect of his services with that Government after his date of transfer shall be included in the aggregate referred to in paragraph (b) of the said definition.

(2) Notwithstanding anything to the contrary contained in sub-paragraph (1) of this paragraph, in the case of a transferred officer who, had he not been transferred to the service of the Government of a Territory, could have been paid an earned pension in terms of paragraph 5, 7 or 9, as the case may be, of this Schedule—

(a) if, on his retirement from the service of the Government of a Territory, he is entitled under the Pensions Regulations, as read with sub-paragraph (1) of this paragraph, to a gratuity or refund of pension contributions he may, by notice in writing to the Pension Agency, elect at any time prior to the date of his retirement, which election shall be irrevocable, to be paid a pension in lieu of that gratuity or refund of pension contributions, as if he had qualified for a pension in terms of the Pensions Regulations;

(b) if he dies while in the service of the Government of a Territory and leaves a widow or child and the aggregate of his pensionable service and his pensionable employment amounts to less than 10 years, there shall be paid to his widow or in respect of his child in lieu of any refund of pension contributions, the pension or gratuity that would have been paid to his widow or in respect of his child had the aggregate of his pensionable service and his pensionable employment amounted to more than 10 years, calculated under the Pensions Regulations, as read with sub-paragraph (1) of this paragraph, on his pensionable service.

(3) Notwithstanding anything to the contrary contained in sub-paragraph (1) of this paragraph, in the case of a transferred officer who had been transferred to the service of the Federal Government from the service of the Government of a Territory—

(a) if any period of his pensionable employment prior to his pensionable service is recognised under the Pensions Regulations for the purpose of calculating the pension or other benefit payable to or in respect of that officer, such period of pensionable employment shall not be included a second time for the purposes of sub-paragraph (1) of this paragraph;

(b) any reference in the Pensions Regulations or the conditions of such transfer to the “emoluments factor” shall be ignored.

[Am by GN 283 of 1964; SI 244 of 1965.]

26. Persons who are subsequently transferred from the service of the Government of a Territory

If a transferred officer is subsequently transferred from the service of the Government of a Territory to the service of another Government or of an approved institution his rights to the payment of a pension, gratuity or refund of pension contributions from the Fund shall be such as may be fixed by the Pension Agency:

Provided that on the ultimate termination of his services the pension, gratuity or refund of pension contributions payable to him or to or in respect of his widow, dependant or estate shall be not less than that which would have been paid to him or to or in respect of his widow, dependant or estate under paragraph 25 had his services terminated in like circumstances on the date of his transfer from the service of the Government of the Territory.

[Am by GN 283 of 1964.]

27. Payment of benefits

Any pension, gratuity or refund of pension contributions payable to or in respect of any person under this Part of this Schedule shall be paid by the Pension Agency from the Fund.

PART V
TERMINAL BENEFITS FOR JUDGES OF THE FEDERAL SUPREME COURT

28. Interpretation of terms

In this Part of this Schedule, unless inconsistent with the context—

“conditions of service”, in relation to a Federal judge, means the terms and conditions fixed by the Governor-General of the Federation under section 3 of the Federal Supreme Court (Judges Salaries, Pensions and Allowances) Act, 1955, of the Federation, on which a pension is payable to that judge or his dependants;

“date of the termination of his services”, in relation to a Federal judge, means the date he ceases to hold office as such otherwise than by resignation;

“Federal judge” means a person who, immediately before the dissolution of the Federation, was a judge of the Federal Supreme Court.

29. Terminal benefits for Federal judges

(1) Subject to the provisions of paragraph 30, on the date of the termination of his services a Federal judge shall be entitled to—

(a) an earned pension equal to the pension which would have been paid to him under his conditions of service had he retired on that date;

(b) an additional abolition of office pension equal to one-third of his earned pension under paragraph (a) of this sub-paragraph;

(c) a gratuity equal to one and one-half month’s salary for each complete year of his service as a Federal judge or as a judge of the High Court of Southern Rhodesia:

Provided that if the gratuity calculated under this sub-paragraph exceeds one year’s salary it shall be reduced by the amount of the excess;

(d) the cash equivalent of any vacation leave accrued to him, calculated at his rate of salary;

(e) the transport allowance that would have been paid to him under paragraph 15 had he been a Public Service officer.

(2) A Federal judge who becomes entitled to a pension under sub-paragraph (1) of this paragraph may at any time apply to the Pension Agency for the commutation of a portion thereof, not exceeding one-third of the aggregate of his earned pension under sub-paragraph (a) and his abolition of office pension under sub-paragraph (b) of sub-paragraph (1) of this paragraph, and the Pension Agency may grant the commutation in accordance with the provisions of the Pensions Regulations that would have been applicable had that judge been a Public Service officer in the European Pensionable Branch of the Federal Public Service:

Provided that if that judge applies for the commutation of a portion of his pension before the date of the termination of his services or after that date but within one month thereof, he shall not be required to complete a declaration of health nor to submit to examination by a medical board and the Pension Agency may grant the commutation under the Pensions Regulations without first granting provisional approval therefor.

(3) A Federal judge who resigns from office shall be entitled to a pension and other benefits in accordance with his conditions of service.

30. Federal judges transferring to the service of the Government of a Territory

If on the date of the termination of his services a Federal judge, without a break in service, assumes judicial office with the Government of a Territory he shall not be entitled to any pension, gratuity or benefit under paragraph 29 but on the termination of his services with that Government he shall be entitled to a pension in accordance with his conditions of service as a Federal judge.

31. Pensions for widows and dependants of Federal judges

(1) If a Federal Judge becomes entitled to a pension under paragraph 29 or 30 or a Federal judge referred to in paragraph 30 dies while in office on his death, there shall be payable to his widow and to or in respect of any dependent child of his the pension that would have been payable under the Public Service Regulations had that judge been a Public Service officer in the European Pensionable Branch of the Federal Public Service, calculated in relation to the pension and, if applicable, additional pension, to which that judge was entitled, irrespective of any commutation thereof, under paragraph 29 or 30.

(2) If a Federal judge dies while holding office as such, his widow and any dependent child of his shall be paid the pension provided for in his conditions of service.

32. Payment of benefits

The benefits payable to or in respect of any person under this Part of this Schedule shall be paid by the Pension Agency from the Fund:

Provided that any benefit referred to in sub-paragraph (d) or (e) of sub-paragraph (1) of paragraph 29 shall be paid by the Liquidating Agency and shall not be paid from the Fund.

PART VI
DISABILITY BENEFITS

33. Benefits for injured or disabled persons

Any person who was employed by the Federal Government or the Federal Assembly and who on or after the dissolution of the Federation suffers an injury or disability which—

(a) occurred or originated prior to the date of the dissolution of the Federation; and

(b) was caused or aggravated by or due to his work with the Federal Government or the discharge of his duties with the Federal Government; and

(c) but for the dissolution of the Federation would have entitled him to the award of a pension and, additionally or alternatively, other benefits under his conditions of service with the Federal Government;

shall be entitled to any such pension and, additionally or alternatively, other benefits as he would have been paid under his conditions of service with that Government, subject to the provisions of such conditions of service.

34. Pensions for dependants

On the death of a person referred to in paragraph 33 if, but for the dissolution of the Federation, his widow and any children would, under his conditions of service with the Federal Government, have been entitled to receive a pension from that Government, his widow and any child shall be entitled to the pension they would have been paid under the conditions of service of that person with the Federal Government, subject to the provisions of such conditions of service.

35. Payment of benefits

The Pension Agency shall pay from the Fund to a person referred to in paragraph 33 or 34 any pension or other benefits to which that person is entitled under the said paragraph and any powers conferred in the conditions of service referred to in the said paragraph on the Federal Minister of Finance or any other authority of the Federal Government in relation to the payment of any pension or other benefits or the medical examination or treatment of the injured or disabled person may be exercised by the Pension Agency:

Provided that until the 31st May, 1964, in exercising any powers conferred by this paragraph the Pension Agency shall act on the recommendation of the Staff Authority.

PART VII
PAYMENTS INTO THE FUND

36. (1) There shall be paid into the Fund—

(a) all pension contributions which were payable into the Federal Pension Fund and had not been paid into that fund before the dissolution of the Federation;

(b) any arrears of pension contributions which immediately before the dissolution of the Federation were owing by a person employed by the Federal Government or Federal Assembly on pensionable conditions of service who after the dissolution of the Federation is transferred to the service of the Government of a Territory on pensionable conditions of service;

(c) all pension contributions paid by a person who was employed by the Federal Government or Federal Assembly on pensionable conditions of service and who is serving on secondment in the service of the Government of a Territory;

(d) such sums as would but for the dissolution of the Federation have been payable out of the Consolidated Revenue Fund of the Federation under section 7 of the Federal Pension Fund Act, 1956, of the Federation, in respect of contributions referred to in sub-paragraph (a), (b) or (c) of this paragraph;

(e) such sums as would but for the dissolution of the Federation have become payable to the Federal Government by the Southern Rhodesia Government in relation to any pension, gratuity, refund of pension contributions or other benefit payable to or in respect of an officer, including a person who was a “service member” as defined in section 2 of the Federal Public Service Act, 1959, of the Federation, Prison officer or member who had served with the Government of Southern Rhodesia on pensionable or gratuitable conditions of service immediately prior to his appointment or transfer to the service of the Federal Government or the Federal Assembly.

(2) The sums referred to in sub-paragraph (e) of sub-paragraph (1) shall be paid by the Government of Southern Rhodesia to the Fund.

[Am by GN 283 of 1964.]

PART VIII
GENERAL

37. Exemption of certain payments from income tax

Any sum paid under this Schedule by way of commutation of a pension or a portion thereof and any gratuity paid under sub-paragraph (c) of sub-paragraph (1) of paragraph 29 shall be exempt from tax under any law of a Territory providing for the imposition of taxes on income.

37A. Additional payments from the Fund

In addition to the pensions, gratuities and other payments provided for in the foregoing Parts of this Schedule there shall be paid out of the Fund—

(a) to the Government of a Territory, such amounts as would, but for the dissolution of the Federation, have been payable by the Federal Government to that Territorial Government in respect of any abolition of office pension paid by that Territorial Government to or in respect of a person who was employed by that Territorial Government on pensionable conditions of service and was seconded to the service of the Federal Government;

(b) to the Government of Northern Rhodesia or Nyasaland, such amounts as would, but for the dissolution of the Federation, have been payable by the Federal Government to that Territorial Government in respect of—

(i) any pension paid by that Territorial Government to or in respect of a person who had been seconded from the service of that Territorial Government to the service of the Federal Government in respect of such period of secondment; or

(ii) any pension or allowance paid by that Territorial Government to or in respect of a person who had been granted an award in respect of a war disability;

(c) to the Government of Nyasaland, such amounts as would, but for the dissolution of the Federation, have been payable by the Federal Government to the Government of Nyasaland in respect of any pension paid by the Government of Nyasaland to or in respect of a person who was employed by the Nyasaland Electricity Supply Commission established in terms of the Electricity Act, 1956, of the Federation and who, immediately prior to entering such employment, was employed in the Department of Electrical Services of the Government of Nyasaland;

(d) to the Government of Southern Rhodesia or Northern Rhodesia, as the case may be in respect of a transferred officer as defined in paragraph 23 of this Schedule who—

(i) is transferred to the service of the Government of Southern Rhodesia on provisional transfer and retires from that service after not less than two or more than five years from his date of transfer; or

(ii) is transferred to the service of the Government of Northern Rhodesia and retires from or dies while in that service after not less than 2 or more than 12 years from his date of transfer or retires from that service before 2 years on notice from that Government;

an amount equal to such proportion of the additional abolition of office pension or gratuity that would have been payable to that transferred officer in terms of paragraph 6, 8 or 10, as the case may be, of this Schedule had he not been transferred as is paid by that Government to him or to or in respect of his widow and any child of his under the conditions of his transfer to the service of that Government;

(e) to the Southern Rhodesia Public Services Medical Aid Society, an employers’ contribution, at the same rate as the employers’ contribution by the Government of Southern Rhodesia, in respect of any person who is a member of that Society and who was employed by the Federal Government or the Federal Assembly on pensionable conditions of service and ceased to be so employed—

(i) before the 1st September, 1963, and thereupon became entitled to a pension from the Federal Government; or

(ii) on or after the 1st September, 1963, and—

A. was not transferred to the service of the Government of a Territory on pensionable conditions of service; and

B. thereupon became entitled to a pension from the Federal Government or the Fund; and

C. had attained the age of 55 years or, in the case of a female, 50 years;

(f) during the lifetime of Neville Kahn, an annual payment of pound 249 payable on the 1st July each year to the parents or guardian of the said Neville Kahn.

38. Variation of this Schedule

The provisions of this Schedule may be varied at any time by the Pension Agency with the concurrence of the Governments of the Territories, so however that no such variation shall be made which would have the effect of diminishing the benefits to which any person is entitled under this Schedule.

SCHEDULE III

[Section 75]

MODIFICATIONS AND ADAPTATIONS OF ACTS OF PARLIAMENT AND INSTRUMENTS HAVING EFFECT UNDER AN ACT OF PARLIAMENT

See Table of Statutes at the end of this Schedule.Acts of Parliament*

1. Sub-sections (1) and (2) of section 13 of the Federation of Rhodesia and Nyasaland (Constitution) Order in Council, 1953 (which provide for the application to the Federation as a whole of certain enactments applying to parts of Her Majesty’s dominions), shall cease to have effect except in relation to the Pensions (Colonial Service) Act, 1887, and subject, in the case of the Colonial Stock Acts, 1877 to 1948, to the provisions of section 16(8) of this Order.

2. In paragraph (1)(b) of the Second Schedule to the Imperial Institute Act, 1925 (as varied by the Imperial Institute (Variation of the Act of 1925) Order, 1953, and the Commonwealth Institute Order, 1959), for the words “one by the Government of the Federation of Rhodesia and Nyasaland” there shall be substituted the words “one by the Government of Southern Rhodesia”.

3. In section 2(2) of the Indian and Colonial Divorce Jurisdiction Act, 1926, the words “the Federation of Rhodesia and Nyasaland” shall be omitted.

4. In section 1(2) of the United Nations Act, 1946, for the words “the Federation of Rhodesia and Nyasaland” there shall be substituted the words “Southern Rhodesia”.

5. In sub-sections (2) and (3) of section 461 of the Income Tax Act, 1952, for the words “the Federation of Rhodesia and Nyasaland” there shall be substituted the words “Southern Rhodesia”.

6. In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act, 1952, for the words “the Federation of Rhodesia and Nyasaland” there shall be substituted the words “Southern Rhodesia”.

7. In the Import Duties Act, 1958—

(a) the words “the Federation of Rhodesia and Nyasaland” in section 2(4) shall be omitted;

(b) in section 2(9) there shall be substituted for the words “the Federation of Rhodesia and Nyasaland” the words “Southern Rhodesia, Northern Rhodesia, Nyasaland” and for the words “the said Federation or Protectorate” the words “Southern Rhodesia, Northern Rhodesia, Nyasaland or the Bechuanaland Protectorate”.

[Am by Sch 1 of Zambia Independence Act, 1964.]

8. In the definition of “excepted ship or aircraft” in paragraph 3 of the Third Schedule to the Emergency Laws (Repeal) Act, 1959, for the words “the Federation of Rhodesia and Nyasaland” there shall be substituted the words “Southern Rhodesia”.

9. In section 2(7) of the Civil Aviation (Licensing) Act, 1960, there shall be substituted for the words “a citizen of the Federation of Rhodesia and Nyasaland” in paragraph (a) the words “a citizen of Southern Rhodesia” and for the words “the said Federation” wherever they appear in paragraph (b) the words “Southern Rhodesia”.

10. In the definition of “Commonwealth country” in section 50(1) of the Films Act, 1960, the words “the Federation of Rhodesia and Nyasaland” shall be omitted.

11. In section 1(5) of the Diplomatic Immunities (Conferences with Commonwealth Countries and Republic of Ireland) Act, 1961, for the words “the Federation of Rhodesia and Nyasaland” there shall be substituted the words “Southern Rhodesia”.

Instruments having effect under an Act of Parliament

12. In Article 1 of the Patents, Etc. (Federation of Rhodesia and Nyasaland) (Convention) Order, 1958, for the words “the Federation of Rhodesia and Nyasaland is a Convention country” there shall be substituted the words “Southern Rhodesia, Northern Rhodesia and Nyasaland are Convention countries”.

13. In Regulation 10A of the Air Navigation (General) Regulations, 1960 (as amended by the Air Navigation (General) (Amendment) Regulations, 1963), the words “Federation of Rhodesia and Nyasaland” shall be omitted and in substitution therefor there shall be inserted in the appropriate places according to the alphabetical order of the names of the countries listed in the Regulation the words “Northern Rhodesia”, “Nyasaland”, and “Southern Rhodesia”.

14. In Article 2(1) of the Fugitive Offenders (Grouping of Territories) Order in Council, 1961, the words “the Federation of Rhodesia and Nyasaland” shall be omitted.

15. In Part I of the Schedule to the Carriage by Air (Parties to Convention) Order, 1962, the words “Federation of Rhodesia and Nyasaland” in the second column and the words in the third column relating to the Federation shall be omitted and in substitution therefor there shall be inserted in those columns (in the appropriate places according to the alphabetical order of the names of the territories in respect of which the United Kingdom is a party to the Convention) the following:

“Northern Rhodesia	. . . . . . . .	3rd March, 1935″
“Nyasaland	. . . . . . . .	3rd March, 1935″
“Southern Rhodesia	. . . . . . . .	3rd April, 1935″.

TABLE OF STATUTES REFERRED TO IN SCHEDULE III

Short Title		Chapter
Colonial Stock Acts, 1877 to 1948		40 & 41 Vict. c. 59 55 & 56 Vict. c. 35 63 & 64 Vict. c. 62
Pensions (Colonial Service) Act, 1887 . .		12, 13 & 14 Geo. 6. c. I 50 & 51 Vict. c. 13 15 & 16 Geo. 5. c. xvii 16 & 17 Geo. 5. c. 40 9 & 10 Geo. 6. c. 45 15 & 16 Geo. 6 & 1 Eliz. 2. c. 10 15 & 16 Geo. 6 & 1 Eliz. 2. c. 18 6 & 7 Eliz. 2. c. 6 7 & 8 Eliz. 2. c. 19 8 & 9 Eliz. 2. c. 38 8 & 9 Eliz. 2. c. 57 9 & 10 Eliz. 2. c. 11
Imperial Institute Act, 1925 . . . .
Indian and Colonial Divorce Jurisdiction Act, 1926 . . . . . .
United Nations Act, 1946 . . . . . .
Income Tax Act, 1952 . . . . . .
Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act, 1952.
Import Duties Act, 1958 . . . . . .
Emergency Laws (Repeal) Act, 1959 . .
Civil Aviation (Licensing) Act, 1960 . .
Films Act, 1960 . . . . . .
Diplomatic Immunities (Conferences with Commonwealth Countries and Republic of Ireland) Act, 1961.

REPUBLIC OF ZAMBIA

ZAMBIA AND ZIMBABWE (BOUNDARIES) ACT APPENDIX 2

ZAMBIA AND ZIMBABWE (BOUNDARIES) ORDER IN COUNCIL

AT THE COURT AT BUCKINGHAM PALACE, THE 20TH DAY OF DECEMBER, 1963

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

WHEREAS, as a consequence of the creation of Lake Kariba, it is expedient to alter such part of the boundary between Zambia and Zimbabwe as runs through the Lake by describing it as a series of straight lines approximately following the existing boundary consisting of the old course of the River Zambezi:

AND WHEREAS it is further expedient to describe precisely the remainder of the boundary between Zambia and Zimbabwe:

NOW THEREFORE, Her Majesty, by virtue and in exercise of Her powers in that behalf by the Colonial Boundaries Act, 1895, and the Foreign Jurisdiction Act, 1890, or otherwise in Her Majesty vested, is pleased, by and with the advise of Her Privy Council, to order, and it is hereby ordered, as follows:

1. Citation and commencement

This Order may be cited as the Zambia and Zimbabwe (Boundaries) Order in Council, 1963, and shall come into operation on 1st January, 1964.

2. Description of boundary

The boundary between Zambia and Zimbabwe shall be as described in the Schedule hereto.

W. G. AGNEW

SCHEDULE

Starting at the point where the Mozambique International boundary intersects the medium filum of the Zambezi river, the boundary between Zambia and Zimbabwe follows this medium filum westwards to the Katengathumbi group of islands, thence along the medium filum between these islands and the mainland of Zimbabwe, thence along the medium filum of the Zambezi river to the Chikwenya group of islands, thence along the medium filum between this group of islands and the mainland of Zambia, thence along the medium filum of the Zambezi river to Kanyemba island, thence along the medium filum between Kanyemba island and Chipara island, thence along the medium filum of the Zambezi river to Umairi island, thence along the medium filum between this island and the mainland of Zimbabwe, thence along the medium filum of the Zambezi river to a point on the Kariba dam wall marked by a brass stud numbered NRT/T 153 at approximate Latitude 16º 31’ 20″ South and approximate Longitude 28º 45’ 40″ East, thence from this point in a straight line on an approximate true bearing of 221º 26’ for a distance of approximately 3,383.28 metres to a point at Latitude 16º 32’ 40″ South and Longitude 28º 44’ 30″ East, thence in a straight line on an approximate true bearing of 259º 06’ for a distance of approximately 11,338.56 metres to a point at Latitude 16º 33’ 50″ South and Longitude 28º 38’ 20″ East, thence in a straight line on an approximate true bearing of 247º 11’ for a distance of approximately 44,287.44 metres to a point at Latitude 16º 43’ 20″ South and Longitude 28º 15’ 20″ East, thence in a straight line on an approximate true bearing of 229º 03’ for a distance of approximately 17,007.84 metres to a point at Latitude 16º 49’ 20″ South and Longitude 28º 08’ 10″ East, thence in a straight line on an approximate true bearing of 245º 44’ for a distance of approximately 35,844.48 metres to a point at Latitude 16º 57’ 30″ South and Longitude 27º 49’ 50″ East, thence in a straight line on an approximate true bearing of 214º 39’ for a distance of approximately 38,191.44 metres to a point at Latitude 17º 14’ 40″ South and Longitude 27º 37’ 50″ East, thence in a straight line on an approximate true bearing of 185º 44’ for a distance of approximately 9,448.8 metres to a point at Latitude 17º 19’ 50″ South and Longitude 27º 37’ 20″ East, thence in a straight line on an approximate true bearing of 221º 06’ for a distance of approximately 120,395 metres to a point at Latitude 17º 24’ 50″ South and Longitude 27º 33’ 00″ East, thence in a straight line on an approximate true bearing of 232º 18’ for a distance of approximately 31,120.08 metres to a point at Latitude 17º 35’ 20″ South and Longitude 27º 19’ 10″ East, thence in a straight line on an approximate true bearing of 218º 16’ for a distance of approximately 30,480 metres to a point at Latitude 17º 48’ 20″ South and Longitude 27º 08’ 40″ East, thence in a straight line on an approximate true bearing of 166º 25’ for a distance of approximately 3,291.84 metres to a point at Latitude 17º 50’ 10″ South and Longitude 27º 09’ 10″ East, thence in a straight line on an approximate true bearing of 226º 51’ for a distance of approximately 10,485.12 metres to a point at Latitude 17º 54’ 00″ South and Longitude 27º 05’ 00″ East, thence in a straight line on an approximate true bearing of 214º 10’ for a distance of approximately 7,833.35 metres to a point at Latitude 17º 57’ 40″ South and Longitude 27º 02’ 30″ East, thence in a straight line on an approximate true bearing of 282º 36’ for a distance of approximately 27,432 metres to a point at approximate Latitude 17º 57’ 20″ South and approximate Longitude 27º 01’ 00″ East on the medium filum of the Zambezi river, thence along the medium filum of the Zambezi river to Mapeta island, thence along the medium filum between Mapeta island and the mainland of Zambia, thence along the medium filum of the Zambezi river to its intersection with the middle of the main gorge to the south of Rainbow falls and Livingstone island, thence following a line along the middle of this gorge round to the west of Livingstone island, thence along the middle of the channel between Livingstone island and the unnamed island nearest to and to the west of Livingstone island, thence along the middle of the channel between Livingstone island and Princess Victoria island, thence following the middle of the channel having on its west Princess Victoria island, Princess Christian island, Princess Marie Louise island and Princess Elizabeth island and on its east, Princess Helena Victoria island and Princess Margaret island, to King George VI island, thence along the middle of the channel to the south of this island and an unnamed group of islands to the north of Princess Elizabeth island to the medium filum between King George VI island and the mainland of Zimbabwe, thence along this medium filum and the media fila between the islands named Queen Elizabeth island, King George VI island, Canary island and the mainland of Zimbabwe to the medium filum of the Zambezi river, thence along this medium filum to Kandahar island, thence along the medium filum between this island and Palm island, thence along the medium filum of the Zambezi river to its intersection with the boundary of the Republic of Botswana.

The boundary described above is shown on Maps deposited in the offices of the Surveyor-General, Zambia, and the Surveyor-General, Zimbabwe signed by them and dated 19th December, 1963, which Maps are numbered:

DCS 1953 1/50,000 1530 SWI. DCS 1953 1/50,000 1530 SW2.

DCS 1949 Preliminary 1/50,000 1529 SE1. DCS 1950 Preliminary 1/50,000 1529 SE2. DCS 1950 Preliminary 1/50,000 1529 SW2. Federal Surveys 1961 1/50,000 1528 D4. Federal Surveys 1959 1/50,000 1529 C3. Federal Surveys 1959 1/50,000 1529 C4.

Federal Surveys 1959 1/50,000 1628 B2. Federal Surveys 1961 1/50,000 1628 B4. Federal Surveys 1960 1/50,000 1628 D2. Federal Surveys 1959 1/250,000 SE-35-3. Federal Surveys 1962 1/250,000 SE-35-4. Federal Surveys 1959 1/250,000 SE-35-7. Federal Surveys 1961 1/50,000 1726 D4. Federal Surveys 1961 1/50,000 1727 C3.

Federal Surveys 1962 Preliminary 1/50,000 1826 B1. Federal Surveys 1959 1/50,000 1826 B2.

Federal Surveys 1961 1/50,000 1725 D4. Federal Surveys 1963 1/50,000 1726 C3. Federal Surveys 1963 1/50,000 1726 C4. Federal Surveys 1963 1/50,000 1726 D3.

Federal Surveys 1959 1/20,000 Tourist street map of Livingstone and the Victoria Falls. Surveys Northern Rhodesia 1950 1/50,000 1725 SE3.

Surveys Northern Rhodesia 1950 1/50,000 1725 SW3 and 4.

REPUBLIC OF ZAMBIA

ADMINISTRATION OF JUSTICE ACT APPENDIX 3

ADMINISTRATION OF JUSTICE ACT

10 & 11 GEO, 5, C. 81

PART II
RECIPROCAL ENFORCEMENT OF JUDGMENTS IN THE UNITED KINGDOM AND IN OTHER PARTS OF HIS MAJESTY’S DOMINIONS

9. Enforcement in the United Kingdom of judgments obtained in superior Courts in other British dominions

(1) Where a judgment has been obtained in a superior Court in any part of His Majesty’s dominions outside the United Kingdom to which this Part of this Act extends, the judgment creditor may apply to the High Court in England or Ireland, or to the Court of Session in Scotland, at any time within 12 months after the date of the judgment, or such longer period as may be allowed by the Court, to have the judgment registered in the Court, and on any such application the Court may, if in all the circumstances of the case they think it is just and convenient that the judgment should be enforced in the United Kingdom, and subject to the provisions of this section, order the judgment to be registered accordingly.

(2) No judgment shall be ordered to be registered under this section if—

(a) the original Court acted without jurisdiction; or

(b) the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original Court, did not voluntarily appear or otherwise submit or agree to submit to the jurisdiction of that Court; or

(c) the judgment debtor, being the defendant in the proceedings, was not duly served with the process of the original Court and did not appear, notwithstanding that he was ordinarily resident or was carrying on business within the jurisdiction of that Court or agreed to submit to the jurisdiction of that Court; or

(d) the judgment was obtained by fraud; or

(e) the judgment debtor satisfies the registering Court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment; or

(f) the judgment was in respect of a cause of action which for reasons of public policy or for some other similar reason could not have been entertained by the registering Court.

(3) Where a judgment is registered under this section—

(a) the judgment shall, as from the date of registration, be of the same force and effect, and proceedings may be taken thereon, as if it had been a judgment originally obtained or entered up on the date of registration in the registering Court;

(b) the registering Court shall have the same control and jurisdiction over the judgment as it has over similar judgments given by itself, but in so far only as relates to execution under this section;

(c) the reasonable costs of and incidental to the registration of the judgment (including the costs of obtaining a certified copy thereof from the original Court and of the application for registration) shall be recoverable in like manner as if they were sums payable under the judgment.

(4) Rules of Court shall provide—

(a) for service on the judgment debtor of notice of the registration of a judgment under this section; and

(b) for enabling the registering Court an application by the judgment debtor to set aside the registration of a judgment under this section on such terms as the Court thinks fit; and

(c) for suspending the execution of a judgment registered under this section until the expiration of the period during which the judgment debtor may apply to have the registration set aside.

(5) In any action brought in any Court in the United Kingdom on any judgment which might be ordered to be registered under this section, the plaintiff shall not be entitled to recover any costs of the action unless an application to register the judgment under this section has previously been refused or unless the Court otherwise orders.

10. Issue of certificates of judgments obtained in the United Kingdom

Where a judgment has been obtained in the High Court in England or Ireland, or in the Court of Session in Scotland, against any person, the Court shall, on an application made by the judgment creditor and on proof that the judgment debtor is resident in some part of His Majesty’s dominions outside the United Kingdom to which this Part of this Act extends, issue to the judgment creditor a certified copy of the judgment.

11. Power to make rules

Provision may be made by rules of Court for regulating the practice and procedure (including scales of fees and evidence), in respect of proceedings of any kind under this Part of this Act.

12. Interpretation

(1) In this Part of this Act, unless the context otherwise requires:

the expression “judgment” means any judgment or order given or made by a Court in any civil proceedings, whether before or after the passing of this Act, whereby any sum of money is made payable, and includes an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a Court in that place;

the expression “original Court” in relation to any judgment means the Court by which the judgment was given;

the expression “registering Court” in relation to any judgment means the Court by which the judgment was registered;

the expression “judgment creditor” means the person by whom the judgment was obtained, and includes the successors and assigns of that person;

the expression “judgment debtor” means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given.

(2) Subject to rules of Court, any of the powers conferred by this Part of this Act on any Court may be exercised by a judge of the Court.

13. Power to apply Part II of Act to territories under His Majesty’s protection

His Majesty may by Order in Council declare that this Part of this Act shall apply to any territory which is under His Majesty’s protection, or in respect of which a mandate is being exercised by the Government of any part of His Majesty’s dominions, as if that territory were part of His Majesty’s dominions, and on the making of any such Order this Part of this Act shall, subject to the provisions of the Order, have effect accordingly.

14. Extent of Part II of Act

(1) Where His Majesty is satisfied that reciprocal provisions have been made by the legislature of any part of His Majesty’s dominions outside the United Kingdom for the enforcement within that part of His dominions of judgments obtained in the High Court in England, the Court of Session in Scotland, and the High Court in Ireland, His Majesty may by Order in Council declare that this Part of this Act shall extend to that part of His dominions, and on any such Order being made this Part of this Act shall extend accordingly.

(2) An Order in Council under this section may be varied or revoked by a subsequent Order.

ORDER IN COUNCIL APPLYING PART II OF THE ADMINISTRATION OF JUSTICE ACT, 1920, TO NORTHERN RHODESIA

AT THE COURT AT BUCKINGHAM PALACE, THE 20TH DAY OF JUNE, 1922

Present:

THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL

WHEREAS by Part II of the Administration of Justice Act, 1920, provision has been made for the reciprocal enforcement of judgments in the United Kingdom and in other parts of His Majesty’s dominions:

AND WHEREAS by the said Act it is amongst other things provided that where His Majesty is satisfied that reciprocal provisions have been made by the Legislature of any part of His Majesty’s dominions outside the United Kingdom for the enforcement within that part of His dominions of judgments obtained in the High Court in England, the Court of Session in Scotland, and the High Court in Ireland, His Majesty may by Order in Council declare that the said Part of that Act shall extend to that part of His dominions and that on any such Order being made the said Part of that Act shall extend accordingly:

AND WHEREAS by the said Act it is further provided that His Majesty may by Order in Council declare that the said Part of that Act shall apply to any territory which is under His Majesty’s protection, or in respect of which a mandate is being exercised by the Government of any part of His Majesty’s dominions, as if that territory were part of His Majesty’s dominions, and that on the making of any such Order the said Part of that Act shall, subject to the provisions of the Order, have effect accordingly:

AND WHEREAS His Majesty is satisfied that the Legislatures of the territories which are under His Majesty’s protection hereinafter mentioned have made reciprocal provisions for the enforcement within those territories of judgments obtained in the High Court in England, the Court of Session in Scotland, and the High Court in Ireland:

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers by the above-recited Act in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

Part II of the Administration of Justice Act, 1920, shall extend to the territories under His Majesty’s protection hereunder mentioned:

Northern Rhodesia.

Uganda Protectorate.

And the Right Honourable Winston Spencer Churchill, one of His Majesty’s Principal Secretaries of State, is to give the necessary directions herein accordingly.

ALMERIC FITZROY

COLONIAL PROBATES ACT

55 VICT. C. 6

AN ACT TO PROVIDE FOR THE RECOGNITION IN THE UNITED KINGDOM OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED IN BRITISH POSSESSIONS

[20th May, 1892]

BE it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Application of Act by Order in Council

Her Majesty the Queen may, on being satisfied that the legislature of any British possession has made adequate provision for the recognition in that possession of probates and letters of administration granted by the Courts of the United Kingdom, direct by Order in Council that this Act shall, subject to any exceptions and modifications specified in the Order, apply to that possession, and thereupon, while the Order is in force, this Act shall apply accordingly.

2. Sealing in United Kingdom of colonial probates and letters of administration

(1) Where a Court of probate in a British possession to which this Act applies has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, a Court of probate in the United Kingdom, be sealed with the seal of that Court, and, thereupon, shall be of the like force and effect, and have the same operation in the United Kingdom, as if granted by that Court.

(2) Provided that the Court shall, before sealing a probate or letters of administration under this section, be satisfied—

(a) that probate duty has been paid in respect of so much (if any) of the estate as is liable to probate duty in the United Kingdom; and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property (if any) in the United Kingdom to which the letters of administration relate;

and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.

(3) The Court may also, if it thinks fit, on the application of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the United Kingdom.

(4) For the purposes of this section, a duplicate of any probate or letters of administration sealed with the seal of the Court granting the same, or a copy thereof certified as correct by or under the authority of the Court granting the same, shall have the same effect as the original.

(5) Rules of Court may be made for regulating the procedure and practice, including fees and costs, in Courts of the United Kingdom, on and incidental to an application for sealing a probate or letters of administration granted in a British possession to which this Act applies. Such rules shall, so far as they relate to probate duty, be made with the consent of the Treasury, and subject to any exceptions and modifications made by such rules, the enactments for the time being in force in relation to probate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this section were a person applying for probate or letters of administration.

3. Application of Act to British Courts in foreign countries

This Act shall extend to authorise the sealing in the United Kingdom of any probate or letters of administration granted by a British Court in a foreign country, in like manner as it authorises the sealing of a probate or letters of administration granted in a British possession to which this Act applies, and the provisions of this Act shall apply accordingly with the necessary modifications.

4. Orders in Council

(1) Every Order in Council made under this Act shall be laid before both Houses of Parliament as soon as may be after it is made, and shall be published under the authority of Her Majesty’s Stationery Office.

(2) Her Majesty the Queen in Council may revoke or alter any Order in Council previously made under this Act.

(3) Where it appears to Her Majesty in Council that the legislature of part of a British possession has power to make the provision requisite for bringing this Act into operation in that part, it shall be lawful for Her Majesty to direct by Order in Council that this Act shall apply to that part as if it were a separate British possession, and thereupon, while the Order is in force, this Act shall apply accordingly.

5. Application of Act to probates, etc., already granted

This Act when applied by an Order in Council to a British possession shall, subject to the provisions of the Order, apply to probates and letters of administration granted in that possession either before or after the passing of this Act.

6. Interpretation

In this Act—

the expression “Court of probate” means any Court or authority, by whatever name designated, having jurisdiction in matters of probate, and in Scotland means the sheriff Court of the county of Edinburgh;

the expressions “probate” and “letters of administration” include confirmation in Scotland, and any instrument having in a British possession the same effect which under English law is given to probate and letters of administration respectively;

the expression “probate duty” includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted;

the expression “British Court in a foreign country” means any British Court having jurisdiction out of the Queen’s dominions in pursuance of an Order in Council, whether made under any Act or otherwise.

7. Short title

This Act may be cited as the Colonial Probates Act, 1892.

COLONIAL PROBATES (PROTECTED STATES AND MANDATED TERRITORIES) ACT

17 & 18 GEO. 5, C. 43.

AN ACT TO ENABLE THE COLONIAL PROBATES ACT, 1892, TO BE APPLIED TO CERTAIN PROTECTED STATES AND MANDATED TERRITORIES

[22nd December, 1927]

BE it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Extension of Colonial Probates Act, 1892, to certain protected states and mandated territories. 55 & 56 Vict. c. 6

The power of His Majesty to apply the Colonial Probates Act, 1892, to British possessions shall include a power to apply the said Act to any territories, being either territories under His Majesty’s protection or territories in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty, to which it cannot be applied by virtue of the provisions of the Foreign Jurisdiction Acts, 1890 and 1913, and the said Act shall accordingly have effect as if references therein to British possessions included references to such territories as aforesaid.

2. Short title

This Act may be cited as the Colonial Probates (Protected States and Mandated Territories) Act, 927, and the Colonial Probates Act, 1892, and this Act may be cited together as the Colonial Probates cts, 1892 and 1927.

RULES UNDER COLONIAL PROBATES ACT

By virtue and in pursuance of the provisions of the Statutes 20 & 21 Vict. c. 77, 38 & 39 Vict. c. 77, and 55 Vict. c. 6, I, the Right Honourable Sir Francis Henry Jeune, Knight, President of the Probate, Divorce and Admiralty Division of the High Court of Justice, with the concurrence of the Right Honourable Farrer Baron Herschell, Lord High Chancellor of Great Britain, and of the Right Honourable John Duke Baron oleridge, Lord Chief Justice of England, do make and issue the following additional rules and orders for the Registrars of the Principal Probate Registry in respect of non-contentious business.

Dated the 7th day of December, 1892.

(Signed) F. H. JEUNE, P.

Approved:

(Signed) HERSCHELL, C.

COLERIDGE, C. J.

FOR THE REGISTRARS OF THE PRINCIPAL PROBATE REGISTRY IN NON-CONTENTIOUS BUSINESS FOR CARRYING OUT THE PROVISIONS OF THE COLONIAL PROBATES ACT, 1892

92. Application to seal a grant of Probate or Letters of Administration, or copy thereof, under the Colonial Probates Act, 1892, may be made in the Principal Probate Registry by the executor or administrator or the attorney (lawfully authorised for the purpose) of such executor or administrator, either in person or through a solicitor.

93. Such application must be accompanied by an oath of the executor, administrator, or attorney, in the form in the Appendix, or as nearly thereto as the circumstances of the case will allow.

94. The Registrars are to be satisfied that notice of such application has been duly advertised. (Form of advertisement in Appendix.)

95. On application to seal Letters of Administration the administrator or his attorney shall give bond (in the form set out in the Appendix) to cover the personal estate of the deceased within the jurisdiction of the Court. The same practice as to sureties and amount of penalty in bond is to be observed as on application for Letters of Administration.

96. Application by a creditor under section 2, sub-section (3), of the Colonial Probates Act is to be made by summons before one of the Registrars, supported by an affidavit setting out particulars of the claim.

97. In every case, and especially when the domicile of the deceased at the time of death as sworn to in the affidavit differs from that suggested by the description in the grant, the Registrars may require further evidence as to domicile.

98. If it should appear that the deceased was not at the time of death domiciled within the jurisdiction of the Court from which the grant issued, the seal is not to be affixed unless the grant is such as would have been made by the High Court of Justice in England.

99. The grant (or copy grant) to be sealed and the copy to be deposited in the Registry must include copies of all testamentary papers admitted to Probate.

100. When the application to seal a Probate or Letters of Administration is made after the lapse of three years from the death of the deceased, the reason of the delay is to be certified to the Registrars. Should the certificate be unsatisfactory the Registrars are to require such proof of the alleged cause of delay as they may think fit.

101. Special or limited or temporary grants are not to be sealed without an order of one of the registrars.

102. Notice of the sealing in England of a grant is to be sent to the Court from which the grant is issued.

103. When intimation has been received of the re-sealing of an English grant, notice of the revocation of or any alteration in such grant is to be sent to the Court by whose authority such grant was re-sealed.

104. The affidavit for Inland Revenue pursuant to the Customs and Inland Revenue Acts, 1880 and 1881, shall be transmitted to the Commissioners of Inland Revenue as if the person who applied for sealing under the Colonial Probates Act, 1892, were a person applying for Probate or Letters of Administration.

105. The affidavit for Inland Revenue and accounts and schedules forming part thereof, shall be in such form as may be prescribed by the Commissioners of Her Majesty’s Treasury.

[NOTE.-The affidavit to be used will in fact be Form A with some few modifications to suit the circumstances.]

APPENDIX

FORMS (COLONIAL PROBATES ACT, 1982)

Oath

In the High Court of Justice, Probate, Divorce and Admiralty Division (Probate). In the goods of A.B., deceased.

I, C.D., [or E.F.], of ………………………. make oath and say:

1. That a Grant of Probate of the will [or Letters of Administration of the personal estate] of A.B., late of deceased, was granted to me [or C.D.] by the ………. Court at ………. on ……… the day of ………………..

2. That the said deceased was at the time of his death domiciled at , [the following words to be struck out if inapplicable] within the jurisdiction of the said Court.

3. That the notice hereunder annexed was inserted in the Times newspaper on the day of.

4. That I am the attorney lawfully appointed of C.D. under his hand and seal, and am duly authorised to apply to this Court for the sealing of the said grant. [This paragraph to be struck out if inapplicable.]

5. That the value of the personal estate in England amounts in value to the sum of and no more, to the best of my knowledge, information and belief.

Sworn, etc.

Advertisement

A.B., deceased.

Notice is hereby given that after the expiration of eight days, application will be made in the Principal Probate Registry of the High Court of Justice for the sealing of the probate of the will (or Letters of Administration on the personal estate) of A.B., late

of ………….., deceased, granted by ………… the Court at ……….. on the ………. day of 18…………..

Solicitors for

[To be advertised in the “Times” newspaper unless otherwise directed by one of the Registrars.]

Administration Bond (with or without Will)

Know all men by these presents, that we, A.B., of …………… C.D., ……………….. of and E.F., ………………… of , are jointly and severally bound unto G.H., the President of the Probate, Divorce, and Admiralty Division of Her Majesty’s High Court of Justice, in the sum of …………….. pounds, of good and lawful money of Great Britain, to be paid to the said G.H., or to the President of the said Division for the time being, for which payment well and truly to be made we bind ourselves and each of us, for the whole, our heirs, executors, and administrators, firmly by these presents.

Sealed with our seals.

Dated the ………… day of ……….. in the year of our Lord One thousand eight hundred and ninety

The condition of this obligation is such, that if the above-named A.B., the administrator (with the will dated the day of ………… annexed) by authority of the ………. Court at …………, acting under Letters of Administration granted to …………… on the ……….. day of …………… and now about to be sealed in England under the Colonial Probates Act, 1892, of the personal estate of K.L., late of ………….. deceased, who died on the ……………. day of ………….. 18…………., do, when lawfully called on in that behalf, make, or cause to be made, true and perfect inventory of the personal estate of the said deceased in England which has or shall come to …………….hands, possession or knowledge, or into the hands and possession of any other person for …….and the same so made do exhibit, or cause to be exhibited into the Principal Probate Registry of Her Majesty’s High Court of Justice, whenever required by law so to do, and the same personal estate do well and truly administer according to law; and further do make, or cause to be made, a true and just account ………… of said administration, whenever required by law so to do, then this obligation to be void and of none effect, or else to remain in full force and virtue.

Signed, Sealed, and Delivered by the within-named

in the presence of

A Commissioner for Oaths.

Administration Bond (with or without Will) on application by Attorney

Know all men by these presents, that we, A.B., of ……… C.D., of ……… and E.F., of ……… are jointly and severally bound unto G.H., the President of the Probate, Divorce, and Admiralty Division of Her Majesty’s High Court of Justice, in the sum of ………pounds, of good and lawful money of Great Britain, to be paid to the said G.H., or to the President of the said Division for the time being, for which payment well and truly to be made we bind ourselves and each of us, for the whole, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals.

Dated the day ……… of ………. in the year of ……… our Lord 1890

The condition of this obligation is such, that if K.L., of, ……… the administrator (with the will dated the day of ……… annexed), by authority of the Court at, ……… acting under Letters of Administration granted to ……… on the day of ……… and now about to be sealed in England under the Colonial Probates Act, 1892, of the personal estate of M.N., late ……… of deceased, who died on the ……… day of ………, 18 , do, when lawfully called on in that behalf, make, or cause to be made, a true and perfect inventory of the personal estate of the said deceased in England which has or shall come to hands, possession, or knowledge, or into the hands and possession of any other person for and the same so made do exhibit, or cause to be exhibited, into the Principal Probate Registry of Her Majesty’s High Court of Justice, whenever required by law so to do, and the same personal estate do well and truly administer according to law; and further do make, or cause to be made, a true and just account of said administration, whenever required by law so to do, then this obligation to be void and of none effect, or else to remain in full force and virtue.

Signed, Sealed, and Delivered by the within-named

in the presence of

A Commissioner for Oaths.

ORDER IN COUNCIL APPLYING THE COLONIAL PROBATES ACT, 1892, TO NORTHERN RHODESIA

AT THE COURT AT BUCKINGHAM PALACE, THE 6TH DAY OF NOVEMBER, 1916

Present:

THE KING’S MOST EXCELLENT MAJESTY

LORD PRESIDENT LORD STEWARD

EARL OF DESART LORD COLEBROOKE

WHEREAS by the Foreign Jurisdiction Acts, 1890 and 1913, it is, amongst other things, provided that it shall be lawful for His Majesty in Council by Order to direct that the Colonial Probates Act, 1892, shall extend, with or without any exceptions, adaptations, or modifications, in the Order mentioned, to any foreign country in which for the time being His Majesty has jurisdiction and that thereupon the said Act shall, to the extent of that jurisdiction, operate as if that country were a British possession, and as if His Majesty in Council were the Legislature of that possession:

AND WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, His Majesty the King has power and jurisdiction in the East Africa Protectorate, the Bechuanaland Protectorate, Northern Rhodesia, Southern Rhodesia, Swaziland and Weihaiwei:

AND WHEREAS His Majesty the King is satisfied that the Legislatures of the said Protectorates have made adequate provision for the recognition therein respectively of Probates and Letters of Administration granted by the Courts of the United Kingdom:

AND WHEREAS it is expedient that the Colonial Probates Act, 1892, should be extended to the said Protectorates:

NOW THEREFORE His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1890 and 1913, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered as follows:

1. “The Colonial Probates Act, 1892” shall from the date of this Order apply to the East Africa Protectorate, the Bechuanaland Protectorate, Northern Rhodesia, Southern Rhodesia, Swaziland, and Weihaiwei, as though each of the said Protectorates were a British possession within the meaning of the said Act.

2. The Order of His late Majesty King Edward VII in Council, bearing date the 28th day of July, 1906, and declaring that the Colonial Probates Act, 1892, shall extend to authorise the sealing in the United Kingdom of Probates or Letters of Administration granted by the High Court of Southern Rhodesia, shall be and the same is hereby revoked, without prejudice to anything lawfully done thereunder.

And the Right Honourable Andrew Bonar Law, His Majesty’s Principal Secretary of State for the Colonies, is to give the necessary directions herein accordingly.

ALMERIC FITZROY

ORDER IN COUNCIL APPLYING TO NORTHERN RHODESIA SECTION 1 OF THE MARRIAGE OF BRITISH SUBJECTS (FACILITIES) ACT, 1915

AT THE COURT AT BUCKINGHAM PALACE, THE 28TH DAY OF MARCH, 1919

Present:

THE KING’S MOST EXCELLENT MAJESTY

LORD PRESIDENT SIR JAMES ROSE INNES

LORD CHAMBERLAIN MR. W. P. SCHREINER

LORD JUSTICE ATKIN

Whereas by section 1 of the Marriage of British Subjects (Facilities) Act, 1915, it is (amongst other things) enacted as follow—

“Where His Majesty is satisfied that the law in force in any part of His Majesty’s dominions outside the United Kingdom makes due provision for the publication of banns or for the giving of notice in respect of marriages between British subjects intended to be solemnised or contracted in the United Kingdom, and for the recognition of certificates for marriage issued by Superintendent Registrars in England and of certificates for marriage issued by Registrars, and certificates of proclamation of banns, in Scotland, and of certificates for marriage issued by Registrars in Ireland as sufficient notice in respect of marriages between British subjects intended to be solemnised or contracted in that part of His Majesty’s dominions, His Majesty may, by Order in Council, declare that this section shall apply to that part of His dominions, and in such case:

“(a) Where a marriage is intended to be solemnised or contracted in the United Kingdom between a British subject resident in England, Scotland, or Ireland and a British subject resident in that part of His Majesty’s dominions, a certificate of the publication of banns or a certificate of notice of marriage issued in accordance with such law shall in England have the same effect as a certificate for marriage issued by a Superintendent Registrar, and in Scotland and Ireland have the same effect as a certificate for marriage issued by a Registrar in Scotland and Ireland respectively; and

“(b) Where a marriage is intended to be solemnised or contracted in that part of His Majesty’s dominions between a British subject resident in that part and a British subject resident in England, Scotland, or Ireland, a certificate for marriage may be issued in England by a Superintendent Registrar, or in Scotland or Ireland by a Registrar, in the like manner as if the marriage was to be solemnised or contracted under circumstances requiring the issue of such a certificate, and as if both such British subjects were resident in England, Scotland, or Ireland, as the case may be:”

AND WHEREAS by section 1 of the Marriage of British Subjects (Facilities) Amendment Act, 1916, it is enacted as follows—

“If His Majesty is satisfied that, for the purposes of a marriage to be solemnised or contracted in any part of His dominions outside the United Kingdom between a British subject resident in that part and a British subject resident in England, Scotland, or Ireland, no notice of the marriage is, under the law in force in that part of His dominions, required on the part of the person resident in England, Scotland, or Ireland, His Majesty may, by Order in Council, declare that section 1 of the Marriage of British Subjects (Facilities) Act, 1915, shall apply to that part of His dominions, notwithstanding that the law in force in that part does not make provision for the recognition of certificates for marriage issued in England, Scotland, and Ireland, and of certificates of proclamation of banns issued in Scotland, as sufficient notice in respect of such marriages as aforesaid, provided that the other conditions required by that section are fulfilled:”

AND WHEREAS by section 2 of the first hereinbefore recited Act it is enacted that His Majesty may, by Order in Council, extend the said Act to any British protectorate, and on the making of any such Order the said Act shall, subject to the provisions of the Order, have effect as if the protectorate were part of His Majesty’s dominions:

AND WHEREAS His Majesty is satisfied that, for the purposes of a marriage to be solemnised or contracted in the British protectorate hereinafter mentioned between a British subject resident therein and a British subject resident in England, Scotland, or Ireland, no notice of the marriage is under the law in force in that protectorate required on the part of the person resident in England, Scotland, or Ireland, and that under the said law the other conditions required by the hereinbefore recited section 1 of the Marriage of British Subjects (Facilities) Act, 1915, are fulfilled:

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers by the above-recited Acts in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows—

Section 1 of the Marriage of British Subjects (Facilities) Act, 1915, shall apply to the British Protectorate hereunder mentioned:

Northern Rhodesia.

And the Right Honourable Viscount Milner, one of His Majesty’s Principal Secretaries of State, is to give the necessary directions herein accordingly.

ALMERIC FITZROY

ARBITRATION (FOREIGN AWARDS) ACT, 1930

20 GEO. 5, C. 15

AN ACT TO GIVE EFFECT TO A CERTAIN CONVENTION ON THE EXECUTION OF ARBITRAL AWARDS AND TO AMEND SUB-SECTION (1) OF SECTION 1 OF THE ARBITRATION CLAUSES (PROTOCOL) ACT, 1924

[6th February, 1930]

PART I
ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

WHEREAS a Convention, set out in the Schedule to this Act, on the Execution of Arbitral Awards was on the twenty-sixth day of September, nineteen hundred and twenty-seven, signed at Geneva on behalf of His Majesty:

AND WHEREAS it is expedient that such provisions should be enacted by Parliament as will enable the said Convention to become operative in the United Kingdom:

NOW, THEREFORE, be it enacted as follows:

1. Application of Part I

(1) This Part of this Act applies to any award made after the twenty-eighth day of July, nineteen hundred and twenty-four—

(a) in pursuance of an agreement for arbitration to which the protocol set out in the Schedule to the Arbitration Clauses (Protocol) Act, 1924, applies; and

(b) between persons of whom one is subject to the jurisdiction of some one of such Powers as His Majesty, being satisfied that reciprocal provisions have been made, may by Order in Council declare to be parties to the said Convention, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid;

(c) in one of such territories as His Majesty, being satisfied that reciprocal provisions have been made, may by Order in Council declare to be territories to which the said Convention applies;

and an award to which this Part of this Act applies is in this Act referred to as “a foreign award”.

(2) His Majesty may by a subsequent Order in Council vary or revoke any Order previously made under this section.

2. Effect of foreign awards. 52 & 53 Vict. c. 49

(1) A foreign award shall, subject to the provisions of this Part of this Act, be enforceable in England either by action or under the provisions of section 12 of the Arbitration Act, 1889.

(2) Any foreign award which would be enforceable under this Part of this Act shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in England, and any references in this Part of this Act to enforcing a foreign award shall be construed as including references to relying on an award.

3. Conditions for enforcement of foreign awards

(1) In order that a foreign award may be enforceable under this Part of this Act it must have—

(a) been made in pursuance of an agreement for arbitration which was valid under the law by which it was governed;

(b) been made by the tribunal provided for in the agreement or constituted in manner agreed upon by the parties;

(d) become final in the country in which it was made;

(e) been in respect of a matter which may lawfully be referred to arbitration under the law of England;

and the enforcement thereof must not be contrary to the public policy or the law of England.

(2) Subject to the provisions of this sub-section, a foreign award shall not be enforceable under this Part of this Act if the Court dealing with the case is satisfied that—

(a) the award has been annulled in the country in which it was made; or

(b) the party against whom it is sought to enforce the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case, or was under some legal incapacity and was not properly represented; or

(c) the award does not deal with all the questions referred or contains decisions on matters beyond the scope of the agreement for arbitration:

Provided that, if the award does not deal with all the questions referred, the Court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement subject to the giving of such security by the person seeking to enforce it as the Court may think fit.

(3) If a party seeking to resist the enforcement of a foreign award proves that there is any ground other than the non-existence of the conditions specified in paragraphs (a), (b) and (c) of sub-section (1) of this section, or the existence of the conditions specified in paragraphs (b) and (c) of sub-section (2) of this section, entitling him to contest the validity of the award, the Court may, if it thinks fit, either refuse to enforce the award or adjourn the hearing until after the expiration of such period as appears to the Court to be reasonably sufficient to enable that party to take the necessary steps to have the award annulled by the competent tribunal.

4. Evidence

(1) The party seeking to enforce a foreign award must produce—

(a) the original award or a copy thereof duly authenticated in manner required by the law of the country in which it was made; and

(b) evidence proving that the award has become final; and

(c) such evidence as may be necessary to prove that the award is a foreign award and that the conditions mentioned in paragraphs (a), (b) and (c) of sub-section (1) of the last foregoing section are satisfied.

(2) In any case where any document required to be produced under sub-section (1) of this section is in a foreign language, it shall be the duty of the party seeking to enforce the award to produce a translation certified as correct by a diplomatic or consular agent of the country to which that party belongs, or certified as correct in such other manner as may be sufficient according to the law of England.

(3) Subject to the provisions of this section, rules of Court may be made under section 99 of the Supreme Court of Judicature (Consolidation) Act, 1925, with respect to the evidence which must be furnished by a party seeking to enforce an award under this Part of this Act.

5. Meaning of “final award”

For the purposes of this Part of this Act, an award shall not be deemed final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.

6. Saving

Nothing in this Part of this Act shall—

(a) prejudice any rights which any person would have had of enforcing in England any award or of availing himself in England of any award if this Part of this Act had not been enacted or;

(b) apply to any award made on an arbitration agreement governed by the law of England.

7. Application to Scotland and Northern Ireland

(1) In the application of this Part of this Act to Scotland, the following modifications shall be made—

(a) For the references to England there shall be substituted references to Scotland;

(b) The following shall be substituted for sub-section (1) of section 2—

(1) A foreign award shall, subject to the provisions of this Part of this Act, be enforceable by action, or if the agreement for arbitration contains consent to the registration of the award in the Books of Council and Session for execution and the award is so registered, it shall, subject as aforesaid, be enforceable by summary diligence;”

(3) The Court of Session shall, subject to the provisions of this section, have power to make rules by Act of Sederunt with respect to the evidence which must be furnished by a party seeking to enforce in Scotland an award under this Part of this Act.”

(2) In the application of this Part of this Act to Northern Ireland, the following modifications shall be made—

(a) For the references to England there shall be substituted references to Northern Ireland;

(b) The following shall be substituted for sub-section (1) of section 2—

“(1) A foreign award shall, subject to the provisions of this Part of this Act, be enforceable either by action or in the same manner as the award of an arbitrator under the provisions of the Common Law Procedure Amendment Act (Ireland), 1856;”

(c) For the reference to section 99 of the Supreme Court of Judicature (Consolidation) Act, 1925, there shall be substituted a reference to section 61 of the Supreme Court of Judicature (Ireland) Act, 1877, as amended by any subsequent enactment.

PART II
AMENDMENT OF ARBITRATION CLAUSES (PROTOCOL) ACT, 1924, AND SHORT TITLE

8. Amendment of s. 1 of 14 & 15 Geo. 5, c. 39

Section 1 of the Arbitration Clauses (Protocol) Act, 1924 (which provides for the staying of legal proceedings in a Court in respect of matters to be referred to arbitration under agreements to which the Protocol applies), shall have effect as though in sub-section (1) thereof after the words “unless satisfied that the agreement or arbitration has become inoperative or cannot proceed” there were inserted the words “or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred”.

9. Short title

This Act may be cited as the Arbitration (Foreign Awards) Act, 1930.

SCHEDULE

CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS

ARTICLE 1

In the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an agreement, whether relating to existing or future differences (hereinafter called “a submission to arbitration”) covered by the Protocol on Arbitration Clauses, opened at Geneva on September 24th, 1923, shall be recognised as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award is relied upon, provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction of one of the High Contracting Parties.

To obtain such recognition or enforcement, it shall, further, be necessary:

(a) That the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;

(b) That the subject-matter of the award is capable of settlement by arbitration under the law of the country in which the award is sought to be relied upon;

(c) That the award has been made by the Arbitral Tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure;

(d) That the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition, appeal or pourvoi en cassation (in the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;

(e) That the recognition or enforcement of the award is not contrary to the public policy or to the principles of the law of the country in which it is sought to be relied upon.

ARTICLE 2

Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied:

(a) That the award has been annulled in the country in which it was made;

(b) That the party against whom it is sought to use the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case; or that, being under a legal incapacity, he was not properly represented;

(c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.

If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it thinks fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide.

ARTICLE 3

If the party against whom the award has been made proves that, under the law governing the arbitration procedure, there is a ground, other than the grounds referred to in Article 1(a) and (c), and Article 2(b) and (c), entitling him to contest the validity of the award in a Court of Law, the Court may, if it thinks fit, either refuse recognition or enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.

ARTICLE 4

The party relying upon an award or claiming its enforcement must supply, in particular:

(1) The original award or a copy thereof duly authenticated, according to the requirements of the law of the country in which it was made;

(2) Documentary or other evidence to prove that the award has become final, in the sense defined in Article 1(d), in the country in which it was made;

(3) When necessary, documentary or other evidence to prove that the conditions laid down in Article 1, paragraph 1 and paragraph 2(a) and (c), have been fulfilled.

A translation of the award and of the other documents mentioned in this Article into the official language of the country where the award is sought to be relied upon may be demanded. Such translation must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied upon.

ARTICLE 5

The provisions of the above Articles shall not deprive any interested party of the right of availing himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.

ARTICLE 6

The present Convention applies only to arbitral awards made after the coming into force of the Protocol on Arbitration Clauses, opened at Geneva on September 24th, 1923.

ARTICLE 7

The present Convention, which will remain open to the signature of all the signatories of the Protocol of 1923 on Arbitration Clauses, shall be ratified.

It may be ratified only on behalf of those Members of the League of Nations and non-Member States on whose behalf the Protocol of 1923 shall have been ratified.

Ratifications shall be deposited as soon as possible with the Secretary-General of the League of Nations, who will notify such deposit to all the signatories.

ARTICLE 8

The present Convention shall come into force three months after it shall have been ratified on behalf of two High Contracting Parties. Thereafter, it shall take effect, in the case of each High Contracting Party, three months after the deposit of the ratification on its behalf with the Secretary-General of the League of Nations.

ARTICLE 9

The present Convention may be denounced on behalf of any Member of the League or non-Member State. Denunciation shall be notified in writing to the Secretary-General of the League of Nations, who will immediately send a copy thereof, certified to be in conformity with the notification, to all the other Contracting Parties, at the same time informing them of the date on which he received it.

The denunciation shall come into force only in respect of the High Contracting Party which shall have notified it and one year after such notification shall have reached the Secretary-General of the League of Nations.

The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of the present Convention.

ARTICLE 10

The present Convention does not apply to the Colonies, Protectorates or territories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned.

The application of this Convention to one or more of such Colonies, Protectorates or territories to which the Protocol on Arbitration Clauses, opened at Geneva on September 24th, 1923, applies, can be effected at any time by means of a declaration addressed to the Secretary-General of the League of Nations by one of the High Contracting Parties.

Such declaration shall take effect three months after the deposit thereof.

The High Contracting Parties can at any time denounce the Convention for all or any of the Colonies, Protectorates or territories referred to above. Article 9 hereof applies to such denunciation.

ARTICLE 11

A certified copy of the present Convention shall be transmitted by the Secretary-General of the League of Nations to every Member of the League of Nations and to every non-Member State which signs the same.

ARBITRATION (FOREIGN AWARDS) (NO. 3) ORDER

AT THE COURT AT BUCKINGHAM PALACE, THE 7TH DAY OF OCTOBER, 1931

Present:

THE KING’S MOST EXCELLENT MAJESTY IN COUNCIL

WHEREAS a Convention on the Execution of Arbitral Awards was, on the twenty-sixth day of September, nineteen hundred and twenty-seven, signed at Geneva on behalf of His Majesty:

AND WHEREAS by sub-section (1) of section 1 of the Arbitration (Foreign Awards) Act, 1930, it is provided that Part I of that Act applies to any award made after the twenty-eighth day of July, nineteen hundred and twenty-four—

(a) in pursuance of an agreement for arbitration to which the protocol set out in the Schedule to the Arbitration Clauses (Protocol) Act, 1924, applies; and

(b) between persons of whom one is subject to the jurisdiction of some one of such Powers as His Majesty, being satisfied that reciprocal provisions have been made, may by Order in Council declare to be parties to the said Convention and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid; and

(c) in one of such territories as His Majesty, being satisfied that reciprocal provisions have been made, may by Order in Council declare to be territories to which the said Convention applies:

AND WHEREAS His Majesty is satisfied that reciprocal provisions have been made as aforesaid by the Foreign Powers set out in the first column of Part II of the Schedule to this Order and as respects the territories belonging to such Powers set out in the second column of that Part:

NOW, THEREFORE, His Majesty, by and with the advice of the Privy Council, in pursuance of the powers conferred upon Him by the said Act and of all other powers enabling Him in that behalf, is pleased to declare, and it is hereby declared as follows:

1. The Powers set out in the first column of the Schedule to this Order are parties to the said Convention.

2. The territories set out in the second column of the said Schedule are territories to which the said Convention applies.

3. This Order may be cited as the Arbitration (Foreign Awards) No. 3 Order, 1931, and shall come into force on the 13th day of October, 1931.

M. P. A. HANKEY

SCHEDULE

Other Orders declare parties to the Convention and territories to which the Convention applies as follows:

First Column	Second Column
Powers parties to the Convention	Territories to which the Convention applies
Part I
His Majesty the King of Great Britain,	Northern Rhodesia.
Ireland and the British Dominions	Mauritius.
beyond the Seas, Emperor of India.
Part II
His Majesty the King of Roumania	Roumania.
His Majesty the King of Siam . .	Siam.

The Arbitration (Foreign Awards) No. 1 Order, 1930.
His Britannic Majesty	The United Kingdom of Great Britain and Northern Ireland.
	The Dominion of New Zealand, including the Mandated Territory of Western Samoa.
His Majesty the King of the Belgians	Belgium.
His Majesty the King of Denmark	Denmark.
The President of the Estonian Republic	Estonia.
His Majesty the King of Spain. .	Spain.
His Majesty the King of Sweden	Sweden.
The Arbitration (Foreign Awards) No. 2 Order, 1930\|
The Federal President of the Austrian Republic.	Austria.
His Majesty the King of the Belgians	Belgian Congo. The Mandated Territory of Ruanda-Urundi.
The President of the German Reich	Germany.
H.R.H. The Grand Duchess of Luxemburg.	Luxemburg.
The President and Federal Council of the Swiss Confederation	Switzerland.

The Arbitration (Foreign Awards) No. 1 Order, 1931
His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India.	Newfoundland.
His Majesty the King of Italy	Italy.
The President of the Portuguese Republic	Portugal.
The Arbitration (Foreign Awards) No. 2 Order, 1931
His Majesty the King of Great Britain, and the British Dominions beyond the Seas, Emperor of India.	Bahamas.
British Guiana.
	British Honduras.
	Falkland Islands.
	Gibraltar.
	Gold Coast:
	(a) Colony.
	(b) Ashanti.
	(c) Northern Territories.
	(a) Togoland under British Mandate.
	Jamaica (including Turks and Caicos Islands and Cayman Islands).
	Kenya.
	Palestine (excluding Trans-Jordan).
	Tanganyika Territory.
	Uganda Protectorate.
	Windward Islands:
	Grenada.
	St. Lucia.
	St. Vincent.
	Zanzibar.
The President of the French Republic	France.
The Arbitration (Foreign Awards) No. 4 Order, 1931
The President of the Czechoslovak	Czechoslovakia.
Republic.
The President of the Finnish Republic	Finland.
Her Majesty the Queen of the Netherlands.	The Netherlands.

COLONIAL AND OTHER TERRITORIES (DIVORCE JURISDICTION) ORDER IN COUNCIL

AT THE COURT AT BUCKINGHAM PALACE, THE 28TH DAY OF MAY, 1953

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

WHEREAS by section 2 of the Indian and Colonial Divorce Jurisdiction Act, 1926, it is enacted that Her Majesty may by Order in Council, provide for applying the provisions of section 1 of the said Act, subject to the necessary modifications, to any part of Her Majesty’s dominions other than a self-governing dominion (as therein defined) in like manner as they apply to India, and, in particular, such Order in Council may determine the Court by which the jurisdiction conferred by those provisions is to be exercised:

AND WHEREAS section 1 of the Indian and Colonial Divorce Jurisdiction Act, 1926, was amended by the Indian and Colonial Divorce Jurisdiction Act, 1940:

AND WHEREAS by sub-section (4) of section 17 of the Indian Independence Act, 1947, it is enacted that the power conferred by section 2 of the Indian and Colonial Divorce Jurisdiction Act, 1926, to apply certain provisions of that Act to other parts of Her Majesty’s dominions as they apply to India shall be deemed to be power to apply those provisions as they would have applied to India if the Indian Independence Act, 1947, had not passed:

AND WHEREAS by sub-section (1) of section 2 of the Colonial and Other Territories (Divorce Jurisdiction) Act, 1950, it is enacted that the power of Her Majesty under section 2 of the Indian and Colonial Divorce Jurisdiction Act, 1926, subject to the necessary modifications to apply to certain parts of Her dominions the provisions of section 1 of that Act shall extend to the application as aforesaid of those provisions, as amended by section 1 of the Colonial and Other Territories (Divorce Jurisdiction) Act, 1950, to any protectorate or United Kingdom trust territory:

AND WHEREAS it is expedient to provide for applying the aforesaid provisions to the Protectorates of Kenya, Northern Rhodesia, Nyasaland and Uganda and the Trust Territory of Tanganyika (hereinafter called the said territories):

NOW, THEREFORE, Her Majesty, by virtue and in exercise of the powers vested in Her by the Colonial and Other Territories (Divorce Jurisdiction) Acts, 1926 to 1950, and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order and it is hereby ordered, as follows:

1. Short title and commencement

This Order may be cited as the Colonial and Other Territories (Divorce Jurisdiction) Order in Council, 1953, and shall come into force on the ninth day of July, 1953.

2. Application of section 1 of Indian and Colonial Divorce Jurisdiction Act, 1926, to certain territories

The provisions of the first section of the Indian and Colonial Divorce Jurisdiction Act, 1926, as amended by the Indian and Colonial Divorce Jurisdiction Act, 1940, shall apply to the said territories in like manner as they would have applied in relation to India if the Indian Independence Act, 1947, had not passed.

3. Interpretation

In the application of the said provisions—

(a) to each of the said territories—

(i) the Court which is to exercise the jurisdiction thereby conferred shall be the Supreme Court or the High Court, as the case may be, of that territory, and references in the said first section to a High Court in India shall be read as references to such Supreme Court or High Court;

(ii) references in the said first section to India shall be read as references to that territory; and

(iii) the reference to the Secretary of State in Council of India in the said section shall be read as referring to the Secretary of State for the Colonies;

(b) to the Protectorates of Northern Rhodesia and Nyasaland paragraph (b) of sub-section (4) of the said first section shall be omitted.

W.G. AGNEW

NORTHERN RHODESIA (NON-DOMICILED PARTIES) DIVORCE RULES

Rules by the Secretary of State for the Colonies, with the concurrence of the Lord Chancellor, under the Colonial and Other Territories (Divorce Jurisdiction) Acts, 1926 to 1950, and the Colonial and Other Territories (Divorce Jurisdiction) Order in Council, 1953

Arrangement of Rules

Rules

1. Citation, commencement and interpretation

2. Appointment of judges

3. Hearing of petitions

4. Application for leave to present a petition within three years of marriage

5. Commencement of proceedings

6. Contents of petition

7. Verification of petition

8. Co-respondents and interveners

9. —

10. Service of petition, etc.

11. Answer and subsequent pleadings

12. —

13. —

14. Discretion statement

15. Showing cause against a decree nisi

16. —

17. —

18. —

19. —

20. —

21. Decree absolute

22. —

23. Alimony, maintenance and custody of children

24. Certifying Officer

25. Procedure generally

26. —

SCHEDULE

G.N. 369 of 1953,

G.N. 365 of 1958,

G.N. 194 of 1960.

1. Citation, commencement and interpretation

(1) These Rules may be called “The Northern Rhodesia (Non-Domiciled Parties) Divorce Rules, 1953”.

(2) They shall come into operation on the twenty-sixth day of November, 1953.

(3) In these Rules the expression “the Acts” means the Colonial and Other Territories (Divorce Jurisdiction) Acts, 1926 to 1950.

2. Appointment of judges

(1) As soon as may be after the coming into operation of these Rules the Chief Justice of the High Court of Northern Rhodesia shall submit to the Lord Chancellor through the Secretary of State for the Colonies the names of such number of judges of the Court not exceeding five (including, if he thinks fit, the name of the Chief Justice himself) as he may consider necessary for the purpose of exercising jurisdiction under the Acts and these Rules.

(2) Upon the approval of the Lord Chancellor to any nomination so submitted being signified to the Chief Justice by the Secretary of State for the Colonies, the Chief Justice shall cause the names so approved to be notified in the Northern Rhodesia Gazette as judges appointed to exercise jurisdiction under the Acts, and the judges whose names shall have been so notified shall thereupon have power to exercise jurisdiction accordingly.

(3) At any time after the first nominations under these Rules have been approved, the Chief Justice may propose the names of a further judge or judges to take the place of, or to exercise jurisdiction in addition to, the judge or judges for the time being having powers under the Acts, and when such further nominations are approved they shall be notified as aforesaid.

[Am by GN 194 of 1960.]

3. Hearing of petitions

Every petition under the Acts shall be heard by a single judge nominated and approved as hereinbefore provided, sitting without a jury.

4. Application for leave to present a petition within three years of marriage

(1) An application for leave to present a petition for divorce before three years have passed since the date of the marriage shall be made by originating summons.

(2) There shall be filed in support of the summons an affidavit by the applicant stating the grounds on which the application is made, particulars of the hardship or depravity alleged, whether there has been any previous application under this rule, whether there are living any children of the marriage, and, if so, the names and dates of birth or ages of such children, where and with whom they are residing, whether any, and if so what, attempts at reconciliation have been made and any circumstances which may assist the Court to determine the question whether there is reasonable probability of a reconciliation between the parties. A copy of the intended petition shall be exhibited to the affidavit.

(3) When the summons is issued, it shall be made returnable for a fixed date before a judge in chambers and shall be accompanied by a form of acknowledgement of service.

(4) Unless otherwise directed, the summons shall be served on the respondent at least five clear days before the return date.

(5) No appearance need be entered to the summons and no affidavit need be filed in reply, and the intended respondent may be heard without entering an appearance.

5. Commencement of proceedings

(1) Save as provided by rule 4, all proceedings under the Acts shall be commenced by filing a petition to which shall be attached a certified copy of the certificate of the marriage.

(2) A petition shall not be filed if there is before the Court another petition by the same petitioner which has not been dismissed or otherwise disposed of by a final order.

6. Contents of petition

(1) In the body of a petition praying for the dissolution of a marriage there shall be stated—

(i) the names of the parties to the marriage, the place and date of marriage and the name, status and domicile of the wife before the marriage;

(ii) the status of the husband and his domicile at the time of the marriage and at the time when the petition is presented, and his occupation and the place of residence of the parties at the time of institution of the suit;

(iii) the principal addresses where the parties have cohabited, including the addresses where they last resided together in Northern Rhodesia;

(iv) whether there is living issue of the marriage, and if so the names and dates of birth or ages of such issue;

(v) whether there have been in the Divorce Division of the High Court of Justice in England or in the Court of Session in Scotland or in the High Court of Northern Ireland or in the High Court of Northern Rhodesia any, and if so what, previous proceedings with reference to the marriage by or on behalf of either of the parties to the marriage, and the result of such proceedings;

(vi) the matrimonial offences charged set out in separate paragraphs with the times and places of their alleged commission;

(vii) in the case of a petition for presumption of death and dissolution of the marriage, the last place of cohabitation of the parties, the circumstances in which the parties ceased to cohabit, the date when and the place where the respondent was last seen or heard of, and the steps which have been taken to trace the respondent;

(viii) in the case of a petition for nullity of marriage on any ground mentioned in section 8(1)(b), (c) or (d) of the Matrimonial Causes Act, 1950, whether the petitioner was at the time of the marriage ignorant of the facts alleged and whether marital intercourse with the consent of the petitioner has taken place since the discovery by the petitioner of the existence of grounds for a decree;

(ix) the claim for damages, if any;

(x) the grounds on which the petitioner claims that in the interests of justice it is desirable that the suit should be determined in Northern Rhodesia.

(2) The petition shall conclude with a prayer setting out particulars of the relief claimed, including the amount of any claim for damages, any claim for costs and any order for custody of children which is sought.

7. Verification of petition

(1) Every petition shall be supported by an affidavit by the petitioner verifying the facts of which he or she has personal knowledge and deposing as to belief in the truth of the other facts.

(2) In cases where the petitioner is seeking a decree of dissolution of marriage, the affidavit shall include a declaration that no collusion or connivance exists between the petitioner and the other party to the marriage, that the petitioner has not condoned the adultery or, as the case may be, the cruelty alleged in the petition, and that neither the petitioner nor, within the knowledge of the petitioner, the other party to the marriage, has instituted proceedings which are still pending for the dissolution of the marriage in the United Kingdom.

(3) The affidavit in support of the petition shall be contained in the same document as the petition and shall follow at the foot or end thereof.

8. Co-respondents and interveners

Unless the Court shall otherwise direct, where a husband’s petition alleges adultery, the alleged adulterer shall, if living at the date of filing of the petition, be made a co-respondent in the suit and where a wife’s petition alleges adultery with a woman named and contains a claim for costs against her, she shall be made a respondent in the suit.

9. —

Where a person charged with adultery is not made a co-respondent or respondent under rule 8, a copy of the pleading containing such charge shall, unless the Court for good cause shown otherwise directs, be served upon such person accompanied by a notice that he or she is entitled, within the time therein specified, to apply for leave to intervene in the cause.

10. Service of petition, etc.

Every petition, originating summons, or notice referred to in these Rules shall be served on the party to be affected thereby, either within or without Northern Rhodesia, in the manner prescribed by the rules relating to matrimonial causes for the time being in force in England.

[Am by GN 194 of 1960.]

11. Answer and subsequent pleadings

A respondent or co-respondent, or person to whom leave to intervene has been granted under rule 9, may file in the Court an answer to the petition.

12. —

(1) Every answer containing matter other than a simple denial of the facts stated in the petition shall—

(i) if filed by the husband or wife of the petitioner, be supported by an affidavit, and the provisions of rule 7 shall, with the necessary modifications, apply to such affidavit;

(ii) in every other case, be signed by the respondent or co-respondent, as the case may be.

(2) Where the answer of a husband alleges adultery and prays for relief or where the answer of a husband or wife contains a claim for costs against an alleged adulterer, he or she shall, if living at the date of filing of the answer, be added to the title of the suit as “A.B. cited” and shall be served with a copy of the answer, together with a notice to appear in like manner as a petition. Where no relief is claimed a copy of the answer shall be served upon the alleged adulterer together with a notice as under rule 9 that he or she is entitled within the time therein specified to apply for leave to intervene in the suit, and upon application such person may be allowed to intervene, subject to such direction as shall then be given by the Court.

13. —

(1) If it appears to the Court that proceedings for the dissolution of the marriage have been instituted in the United Kingdom before the date on which the petition was filed in Northern Rhodesia, the Court shall either dismiss the petition or stay further proceedings thereon until the proceedings in the United Kingdom have terminated, or until the Court shall otherwise direct.

(2) If it appears that such proceedings were instituted after the filing of the petition in Northern Rhodesia, the Court may proceed, subject to the provisions of the Acts, with the trial of the suit.

14. Discretion statement

(1) Every party to a matrimonial cause praying that the Court shall exercise its discretion to grant a decree nisi notwithstanding his adultery shall file a statement (in this rule called “a discretion statement”) signed by him, stating that the Court will be asked to exercise its discretion in his favour notwithstanding his adultery, and setting forth particulars of the acts of adultery committed and of the facts which it is material for the Court to know for the purpose of the exercise of its discretion.

(2) The discretion statement shall be contained in a sealed envelope endorsed with a certificate that the statement is signed and dated, and that paragraph (4) of this rule does not apply or has been complied with.

(3) A discretion statement shall be open to the inspection of the Proctor but, except by the direction of the judge, shall not be open to inspection by any other person.

(4) Where a discretion statement contains an allegation of adultery or other matrimonial offence on the part of the other spouse which is not referable to any specific allegation in the pleadings, notice of the allegation shall be given forthwith to that spouse:

Provided that the Court may at the trial dispense with the notice if it is satisfied that failure to give the notice was justified.

(5) Neither the fact that a discretion statement has been lodged or that such notice as aforesaid has been given nor the contents of the discretion statement or notice shall be given as evidence against the party lodging or giving the same in any matrimonial cause or matter except when that party has put the discretion statement or notice or the contents thereof in evidence in open Court.

15. Showing cause against a decree nisi

The Attorney-General shall undertake within the jurisdiction of the High Court of Northern Rhodesia the duties assigned to Her Majesty’s Proctor by sections 10 and 11 of the Matrimonial Causes Act, 1950, and references in these Rules to the Proctor shall mean references to the Attorney-General in the exercise of his duties as Proctor.

16. —

(1) If any person during the progress of the proceedings or before the decree nisi is made absolute gives information to the Proctor of any matter material to the due decision of the case, the Proctor may take such steps as he considers necessary or expedient.

(2) If in consequence of any such information or otherwise the Proctor suspects that any parties to the petition are or have been in collusion for the purpose of obtaining a decree contrary to the justice of the case, he may after obtaining the leave of the Court intervene and produce evidence to prove the alleged collusion.

17. —

(1) When the Proctor desires to show cause against making absolute a decree nisi he shall enter an appearance in the suit in which such decree nisi has been pronounced and shall within a time to be fixed by the Court file his plea setting forth the grounds upon which he desires to show cause as aforesaid, and a copy of his plea shall be served upon the petitioner or person in whose favour such decree has been pronounced or his advocate and, if the plea alleges collusion, upon the other party or parties to the alleged collusion. On entering an appearance the Proctor shall be made a party to the proceedings, and shall be entitled to appear in person or by advocate.

(2) Where such plea alleges a petitioner’s adultery with any named person a copy of the plea shall be served upon each such person, omitting such part thereof as contains any allegation in which the person so served is not named.

(3) All subsequent pleadings and proceedings in respect of such plea shall be filed and carried on in the same manner as hereinbefore directed in respect of an original petition except as hereinafter provided.

(4) If the charges contained in the plea of the Proctor are not denied or if no answer to the plea of the Proctor is filed within the time limit or if an answer is filed and withdrawn or not proceeded with the Proctor may apply forthwith for the rescission of the decree nisi and dismissal of the petition.

18. —

Where the Proctor intervenes or shows cause against a decree nisi in any proceedings for divorce, the Court may make such order as to the payment by other parties to the proceedings of the costs incurred by him in so doing, or as to the payment by him of any costs incurred by any of the said parties by reason of his so doing, as may seem just.

19. —

Any person other than the Proctor wishing to show cause against making absolute a decree nisi shall, if the Court so permits, enter an appearance in the suit in which such decree nisi has been pronounced, and at the same time file an affidavit setting forth the facts upon which he relies. A copy of the affidavit shall be served upon the party or the advocate of the party in whose favour the decree nisi has been pronounced and, if the affidavit alleges collusion, upon the other party or parties to the alleged collusion.

20. —

The party in the suit in whose favour the decree nisi has been pronounced may within a time to be fixed by the Court file an affidavit in answer, and the person showing cause against the decree nisi being made absolute may within a further time to be so fixed file an affidavit in reply.

21. Decree absolute

Every decree for the dissolution of a marriage under the Acts shall in the first instance be a decree nisi not to be made absolute until after the expiration of three months from the pronouncing thereof unless the Court by general or special order from time to time fixes a shorter time:

Provided that no decree nisi against which an appeal has been filed, including an appeal to Her Majesty in Council, shall be made absolute until after the decision of the appeal.

[Am by GN 365 of 1958.]

22. —

(1) Application to make absolute a decree nisi shall be made to the Court by filing a petition setting forth that application is made for such decree absolute, which will thereupon be pronounced in open Court at a time appointed for that purpose. In support of such application it must be shown by affidavit filed with the said petition that no proceedings for the dissolution of the marriage have been instituted and are pending in the United Kingdom, and that search has been made in the proper books at the Court up to within six days of the time appointed, and that at such time no person had intervened or obtained leave to intervene in the suit, and that no appearance has been entered nor any affidavits filed on behalf of any person wishing to show cause against the decree nisi being made absolute; and in case leave to intervene had been obtained, or appearance entered or affidavits filed on behalf of such person, it must be shown by affidavit what proceedings, if any, have been taken thereon.

(2) If more than 12 calendar months have elapsed since the date of the decree nisi, an affidavit by the petitioner, giving reasons for the delay, shall be filed.

23. Alimony, maintenance and custody of children

Proceedings relating to alimony, maintenance, custody of children, and to the payment, application or settlement of damages assessed by the Court shall be conducted in accordance with the provisions of the law and practice relating to such matters where the parties are British subjects domiciled in Northern Rhodesia:

Provided that when a decree is made for the dissolution of a marriage the parties to which are domiciled in Scotland the Court shall not make an order for the securing of a gross or annual sum of money:

Provided further that the High Court of Northern Rhodesia shall not entertain an application for the modification or discharge of an order for alimony, maintenance or the custody of children unless the person on whose petition the decree for the dissolution of the marriage was pronounced is at the time such application is made resident in Northern Rhodesia.

24. Certifying Officer

The certificate referred to in sub-section (2) of section 1 of the Indian and Colonial Divorce Jurisdiction Act, 1926, as amended by the Indian and Colonial Divorce Jurisdiction Act, 1940, shall be in the form set out in the Schedule to these Rules and shall be signed by the Registrar of the High Court of Northern Rhodesia and sealed with the seal of the Court.

25. Procedure generally

Subject to the provisions of these Rules, all proceedings under the Acts between party and party shall be regulated by the law and practice relating to divorce and matrimonial causes and matters as provided by the High Court Ordinance (Chapter 3 of the Laws of Northern Rhodesia, 1948).

26. —

The forms used in divorce and matrimonial causes and matters where the parties are British subjects domiciled in Northern Rhodesia, with such variation as the circumstances of each case and these Rules may require, may be used for the purposes of these Rules.

SCHEDULE

(See Rule 24)

I, A.B. (Registrar) of the High Court of Northern Rhodesia at…………………

hereby certify that the foregoing is a true copy of a made by the aforesaid High

Court acting in exercise of the matrimonial jurisdiction conferred by the Colonial and Other Territories

(Divorce Jurisdiction) Acts, 1926 to 1950, in Suit No. of ………………………………….

Appeal No. of ……………………. from judgment

and decree in Suit No. ……………………. of

in which the above-named C.D. was petitioner and the above-named E.F. was respondent and the above-named G.H. was

Signed………………………..

……………………………
Registrar

REPUBLIC OF ZAMBIA

GENEVA CONVENTIONS ACT APPENDIX 4

BRITISH PROTECTORATES (GENEVA CONVENTION) ORDER IN COUNCIL, 1917

AT THE COURT AT BUCKINGHAM PALACE, THE 23RD DAY OF OCTOBER, 1917

Present:

THE KING’S MOST EXCELLENT MAJESTY

LORD PRESIDENT	MR. SECRETARY LONG
LORD STEWARD	SIR FREDERICK
PONSONBY

WHEREAS by the Geneva Convention Act, 1911, provision was made for the carrying into effect within His Majesty’s Dominions of certain provisions of the Second Geneva Convention:

AND WHEREAS by treaty, grant, usage, sufferance and other lawful means His Majesty the King has power and jurisdiction in the British Protectorates specified in the Schedule to this Order (hereinafter referred to as the “Scheduled Protectorates”):

AND WHEREAS it is expedient that provision should be made to enable the said provisions to be carried into effect in the Scheduled Protectorates:

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Majesty’s Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as “The British Protectorates (Geneva Convention) Order in Council, 1917”.

2. This Order shall apply to the Protectorates specified in the Schedule hereto, and in this Order the term “the Protectorate” means any Scheduled Protectorate, the term “Governor” means the person for the time being administering the Government of the Protectorate, the term “Attorney-General” means the Principal Law Officer of the Protectorate, and, if there shall be no such Law Officer in or for any Scheduled Protectorate, then the Principal Executive Officer next to the Governor of such Protectorate, and the term “Gazette” means the official Government Gazette of the Protectorate.

NOTE.-The former Protectorate of Northern Rhodesia is not included among the territories to which the Geneva Conventions Act, 1957, has been extended by the Geneva Conventions Act (Colonial Territories) Order in Council, 1959 (S.I. 1959 No. 1301).

3. (1) As from the commencement of this Order it shall not be lawful for any person to use for the purpose of his trade or business, or for any other purpose whatsoever, in the Protectorate without the authority of the Governor, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland, or the words “Red Cross” or “Geneva Cross”, and if any person acts in contravention of this provision he shall be guilty of an offence against this Order, and shall be liable on summary conviction to a fine not exceeding ten pounds and to forfeit any goods upon or in connection with which the emblem or words were used.

(2) Where a company or society is guilty of any such contravention, without prejudice to the liability of the company or society, every director, manager, secretary, and other officer of the company or society, who is knowingly a party to the contravention, shall be guilty of an offence against this Order, and liable to the like penalty.

(3) Proceedings under this Order shall not be instituted in the Protectorate without the consent of the Attorney-General.

4. This Order shall be published in the Gazette Published in Gazette of 9th March, 1918, p. 26.5 or, if there shall be no Gazette in or for any Scheduled Protectorate, then in such manner as the Governor shall direct, and shall thereupon commence and come into operation; and the Governor shall give directions for the publication of this Order, at such place, and in such manner, and for such time or times, as he thinks proper for giving due publicity thereto.

5. His Majesty may from time to time revoke, alter, add to, or amend this Order.

And the Right Honourable Walter Hume Long, one of His Majesty’s Principal Secretaries of State, is to give the necessary directions herein accordingly.

ALMERIC FITZROY

SCHEDULE

Northern Rhodesia

Northern Territories of the Gold Coast

Nyasaland Protectorate Southern Rhodesia Weihaiwei

Zanzibar Protectorate

GENEVA CONVENTIONS

STATUTORY RULES AND ORDERS, 1937, NO. 1219 GENEVA CROSS

BRITISH PROTECTORATES (GENEVA CONVENTION) ORDER IN COUNCIL, 1937

AT THE COURT AT BUCKINGHAM PALACE, THE 21ST DAY OF DECEMBER, 1937

Present:

THE KING’S MOST EXCELLENT MAJESTY

LORD PRESIDENT BROWN	MR. ERNEST
LORD RUSHCLIFFE	SIR FELIX CASSEL

WHEREAS by the British Protectorates (Geneva Convention) Order in Council, 1917(a) S.R. and O. 1917 (No. 1143) p. 380.6 (a), provision was made for the carrying into effect within the British Protectorates specified in the Schedule to that Order of certain provisions of the Second Geneva Convention:

AND WHEREAS by the Geneva Convention Act, 1937(b) 1 Edw. 8 and 1 Geo. 6 c. 15.7 (b), provision has been made to enable effect to be given to Article 28 of the International Convention for the amelioration of the condition of the wounded and sick in armies in the field done at Geneva on the twenty-seventh day of July, nineteen hundred and twenty-nine, and for purposes connected therewith:

AND WHEREAS it is expedient that provision should be made to enable effect to be given within the Scheduled Protectorates to Article 28 of the said International Convention:

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as “The British Protectorates (Geneva Convention) Order in Council, 1937”, and this Order and the British Protectorates (Geneva Convention) Order in Council, 1917, may be cited together as “The British Protectorates (Geneva Conventions) Orders in Council, 1917 and 1937”.

2. (1) This Order shall apply to the Protectorates specified in the Schedule hereto.

(2) In this Order—

“Protectorate” means any Scheduled Protectorate;

“Governor” means the person for the time being administering the Government of the Protectorate, or in the case of Zanzibar the British Resident or the person lawfully discharging his functions;

“Attorney-General” means the Principal Law Officer of the Protectorate, and, if there shall be no such Law Officer, in or for any Scheduled Protectorate, then the Principal Executive Officer next to the Governor of such Protectorate;

“Gazette” means the official Government Gazette of the Protectorate.

3. (1) It shall not be lawful for any person without the authority of the Governor, to use for the purposes of his trade or business, or for any other purpose whatsoever, in the Protectorate—

(a) any design consisting of a white or silver cross on a red ground, none of the limbs of which extends to the margin of the ground, being the cross comprised in the Arms of the Swiss Confederation; or

(b) any design being a colourable imitation of the design mentioned in the last foregoing paragraph; or

(c) any design being a colourable imitation of the heraldic emblem of the red cross on a white ground mentioned in sub-section (1) of section 3 of the British Protectorates (Geneva Convention) Order in Council, 1917, or any words so nearly resembling the words “Red Cross” or “Geneva Cross” as to be capable of being understood as referring to the said emblem.

(2) If any person contravenes the provisions of sub-section (1) of this section, he shall, subject as hereafter provided, be guilty of an offence under this Order and liable on summary conviction to a fine not exceeding ten pounds and to forfeit any goods upon or in connection with which the design or words was or were used.

(3) Nothing in this section shall apply to a trade mark registered before the twenty-third day of December, nineteen hundred and thirty-one, and consisting of or containing any such design as is mentioned in paragraph (a) or paragraph (b) of sub-section (1) of this section and where a person is charged with using such a design for any purpose and it is proved that he used it otherwise than as or as part of a trade mark registered as aforesaid, it shall be a defence for him to prove—

(a) that he lawfully used that design for that purpose before the said twenty-third day of December; or

(b) in a case where he is charged with using the design upon goods, that the design had been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade, and that that other person lawfully used the design upon similar goods before the said twenty-third day of December.

(4) Where an offence under this Order committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(5) Proceedings under this section shall not be instituted in the Protectorate without the consent of the Attorney-General.

4. This Order shall be published in the GazettePublished in Gazette of 25th March, 1938, p. 45.8* or if there shall be no Gazette in or for the Protectorate, then in such manner as the Governor shall direct, and shall come into operation on a day to be fixed by the Governor.In operation 1st April, 1938 (Government Notice No. 27 of 1938)*

M. P. A. HANKEY

SCHEDULE

Northern Rhodesia

Northern Territories of the Gold Coast

Nyasaland Protectorate

Zanzibar Protectorate

REPUBLIC OF ZAMBIA

THE EVIDENCE ACT APPENDIX 5

EVIDENCE (COLONIAL STATUTES) ACT

7 EDW. 7, C. 16.

AN ACT TO FACILITATE THE ADMISSION IN EVIDENCE OF STATUTES PASSED BY THE LEGISLATURES OF BRITISH POSSESSIONS AND PROTECTORATES, INCLUDING CYPRUS.

[21st August, 1907]

1. Proof of statutes of British possessions

(1) Copies of Acts, ordinances, and statutes passed (whether before or after the passing of this Act) by the Legislature of any British possession, and of orders, regulations, and other instruments issued or made, whether before or after the passing of this Act, under the authority of any such Act, ordinance, or statute, if purporting to be printed by the Government printer, shall be received in evidence by all Courts of justice in the United Kingdom without any proof being given that the copies were so printed.

(2) If any person prints any copy or pretended copy of any such Act, ordinance, statute, order, regulation, or instrument which falsely purports to have been printed by the Government printer, or tenders in evidence any such copy or pretended copy which falsely purports to have been so printed, knowing that it was not so printed, he shall on conviction be liable to be sentenced to imprisonment with or without hard labour for a period not exceeding 12 months.

(3) In this Act—

The expression “Government printer” means, as respects any British possession, the printer purporting to be the printer authorised to print the Acts, ordinances, or statutes of the Legislature of that possession, or otherwise to be the Government printer of that possession:

The expression “British possession” means any part of His Majesty’s dominions exclusive of the United Kingdom, and, where parts of those dominions are under both a central and a local Legislature, shall include both all parts under the central Legislature and each part under a local Legislature.

(4) Nothing in this Act shall affect the Colonial Laws Validity Act, 1865. 28 & 29 Vict. c. 63

(5) His Majesty may by Order in Council extend this Act to Cyprus and any British protectorate, and where so extended this Act shall apply as if Cyprus or the protectorate were a British possession, and with such other necessary adaptations as may be made by the Order.

2. Short title

This Act may be cited as the Evidence (Colonial Statutes) Act, 1907.

ORDER IN COUNCIL EXTENDING THE EVIDENCE (COLONIAL STATUTES) ACT, 1907, TO NORTHERN RHODESIA

AT THE COURT AT BUCKINGHAM PALACE, THE 14TH DAY OF DECEMBER, 1922

Present:

THE KING’S MOST EXCELLENT MAJESTY

LORD PRESIDENT	MR. E. F. L. WOOD
LORD CHAMBERLAIN	SIR FREDERIC PONSONBY
LORD SOMERLEYTON

WHEREAS by the Evidence (Colonial Statutes) Act, 1907, it is provided that His Majesty may by Order in Council extend that Act to Cyprus and any British Protectorate, and where so extended that Act shall apply as if Cyprus or the Protectorate were a British possession:

AND WHEREAS by an Order in Council dated the 18th of October, 1909 (hereinafter called the principal Order), it was ordered that the said Act should extend to Cyprus and to the British Protectorates named in the Schedule thereto:

AND WHEREAS in consequence of the constitutional changes since effected in the status of certain territories by the Orders named in the First Schedule hereto, it is expedient that the said principal Order should be amended and that a revised Schedule should be substituted for the Schedule thereto:

NOW, THEREFORE, His Majesty, by and with the advice of His Majesty’s Privy Council, is pleased to order, and it is hereby ordered, that the said Act shall extend to the British Protectorates named in the Second Schedule hereto, which as from the date of this Order shall be deemed to be substituted for the Schedule to the principal Order: Provided nevertheless that such last-mentioned Schedule shall continue in full force and effect with regard to any British Protectorate included therein but not included in the Second Schedule to this Order.

ALMERIC FITZROY

FIRST SCHEDULE

Name of Order in Council	Date
The Northern Rhodesia Order in Council, 1911	4th May, 1911
The Nigeria Protectorate Order in Council, 1913	22nd November, 1913
The Cyprus (Annexation) Order in Council, 1914	5th November, 1914
The Gilbert and Ellice Islands Order in Council, 1915	10th November, 1915
The Kenya (Annexation) Order in Council, 1920	11th June, 1920

SECOND SCHEDULE

Bechuanaland Protectorate British Solomon Islands Nigeria

Northern Rhodesia

Northern Territories of the Gold Coast

Nyasaland Somaliland Southern Rhodesia Swaziland

Uganda

Zanzibar

AFRICAN TERRITORIES (IMPERIAL STATUTE EXTENSION) ORDER

AT THE COURT AT BUCKINGHAM PALACE, THE 28TH DAY OF MAY, 1936

Present:

THE KING’S MOST EXCELLENT MAJESTY

HIS ROYAL HIGHNESS THE DUKE OF YORK

ARCHBISHOP OF CANTERBURY	LORD COLEBROOKE
LORD CHANCELLOR	SECRETARY SIR JOHN
PRIME MINISTER	SIMON
LORD PRESIDENT MALCOLM	MR. SECRETARY
EARL MARSHAL	MACDONALD
HIS HIGHNESS THE AGA	MR. ORMSBY-GORE
KHAN	SIR ISAAC ISAACS
LORD CHAMBERLAIN	MR. EARLE PAGE
SIR MICHAEL MYERS

WHEREAS by section 5 of the Foreign Jurisdiction Act, 1890, it is provided that it shall be lawful for His Majesty in Council if He thinks fit by Order to direct that all or any of the enactments described in the First Schedule to that Act, or any enactments for the time being in force amending or substituted for the same, shall extend, with or without any exceptions, adaptations, or modifications in the Order mentioned, to any foreign country in which for the time being His Majesty has jurisdiction, and that thereupon those enactments shall, to the extent of that jurisdiction, operate as if that country were a British possession, and as if His Majesty in Council were the Legislature of that possession:

AND WHEREAS by treaty, grant, usage, sufferance and other lawful means, His Majesty has power and jurisdiction within the territories of Africa known as Northern Rhodesia, the Northern Territories of the Gold Coast, Togoland under British Mandate, the Cameroons under British Mandate, and the Protectorate of Sierra Leone:

AND WHEREAS by the South African Protectorates (Extension of Imperial Acts) Order in Council, 1900, sections 7 and 11 of the Evidence Act, 1851 (being one of the enactments described in the First Schedule to the Foreign Jurisdiction Act, 1890), were extended to that portion of the said territory of Northern Rhodesia which was formerly known as Barotseland, North-Western Rhodesia:

AND WHEREAS it is expedient that the said sections 7 and 11 of the Evidence Act, 1851, should be extended to the whole of Northern Rhodesia, and also to the Northern Territories of the Gold Coast, to Togoland under British Mandate, to the Cameroons under British Mandate, and to the Protectorate of Sierra Leone:

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

1. Sections 7 and 11 of the Evidence Act, 1851, shall extend to Northern Rhodesia, to the Northern Territories of the Gold Coast, to Togoland under British Mandate, to the Cameroons under British Mandate, and to the Protectorate of Sierra Leone.

2. This Order may be cited as the African Territories (Imperial Statute Extension) Order, 1936.

M. P. A. HANKEY

REPUBLIC OF ZAMBIA

FOREIGN JURISDICTION ACT APPENDIX 6

FOREIGN JURISDICTION ACT, 1890

53 & 54 VICT. C. 37

AN ACT TO CONSOLIDATE THE FOREIGN JURISDICTION ACTS

[4th August, 1890]

WHEREAS by treaty, capitulation, grant, usage, sufferance, and other lawful means, Her Majesty the Queen has jurisdiction within divers foreign countries, and it is expedient to consolidate the Acts relating to the exercise of Her Majesty’s jurisdiction out of Her dominions:

BE it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Exercise of jurisdiction in foreign country

It is and shall be lawful for Her Majesty the Queen to hold, exercise, and enjoy any jurisdiction which Her Majesty now has or may at any time hereafter have within a foreign country in the same and as ample a manner as if Her Majesty had acquired that jurisdiction by the cession or conquest of territory.

2. Exercise of jurisdiction over British subjects in countries without regular governments

Where a foreign country is not subject to any government from whom Her Majesty the Queen might obtain jurisdiction in the manner recited by this Act, Her Majesty shall by virtue of this Act have jurisdiction over Her Majesty’s subjects for the time being resident in or resorting to that country, and that jurisdiction shall be jurisdiction of Her Majesty in a foreign country within the meaning of the other provisions of this Act.

3. Validity of acts done in pursuance of jurisdiction

Every act and thing done in pursuance of any jurisdiction of Her Majesty in a foreign country shall be as valid as if it had been done according to the local law then in force in that country.

4. Evidence as to existence or extent of jurisdiction in foreign country

(1) If in any proceeding, civil or criminal, in a Court in Her Majesty’s dominions or held under the authority of Her Majesty any question arises as to the existence or extent of any jurisdiction of Her Majesty in a foreign country, a Secretary of State shall, on the application of the Court, send to the Court within a reasonable time his decision on the question, and his decision shall for the purposes of the proceeding be final.

(2) The Court shall send to the Secretary of State, in a document under the seal of the Court, or signed by a judge of the Court, questions framed so as properly to raise the question, and sufficient answers to those questions shall be returned by the Secretary of State to the Court, and those answers shall, on production thereof, be conclusive evidence of the matters therein contained.

5. Power to extend enactments in First Schedule

(1) It shall be lawful for Her Majesty the Queen in Council, if She thinks fit, by Order to direct that all or any of the enactments described in the First Schedule to this Act, or any enactments for the time being in force amending or substituted

for the same, shall extend, with or without any exceptions, adaptations, or modifications in the Order mentioned, to any foreign country in which for the time being Her Majesty has jurisdiction.

(2) Thereupon those enactments shall, to the extent of that jurisdiction, operate as if that country were a British possession, and as if Her Majesty in Council were the legislature of that possession.

6. Power to send persons charged with offences for trial to a British possession

(1) Where a person is charged with an offence cognisable by a British Court in a foreign country, any person having authority derived from Her Majesty in that behalf may, by warrant, cause the person so charged to be sent for trial to any British possession for the time being appointed in that behalf by Order in Council, and upon the arrival of the person so charged in that British possession, such criminal Court of that possession as is authorised in that behalf by Order in Council, or if no Court is so authorised, the supreme criminal Court of that possession, may cause him to be kept in safe and proper custody, and so soon as conveniently may be may inquire of, try, and determine the offence, and on conviction punish the offender according to the laws in force in that behalf within that possession in the same manner as if the offence had been committed within the jurisdiction of that criminal Court:

Provided that—

(a) A person so charged may, before being so sent for trial, tender for examination to a British Court in the foreign country where the offence is alleged to have been committed any competent witness whose evidence he deems material for his defence and whom he alleges himself unable to produce at the trial in the British possession:

(b) In such case the British Court in the foreign country shall proceed in the examination and cross-examination of the witness as though he had been tendered at a trial before that Court, and shall cause the evidence so taken to be reduced into writing, and shall transmit to the criminal Court of the British possession by which the person charged is to be tried a copy of the evidence, certified as correct under the seal of the Court before which the evidence was taken, or the signature of a judge of that Court:

(c) Thereupon the Court of the British possession before which the trial takes place shall allow so much of the evidence so taken as would have been admissible according to the law and practice of that Court, had the witness been produced and examined at the trial, to be read and received as legal evidence at the trial:

(d) The Court of the British possession shall admit and give effect to the law by which the alleged offender would have been tried by the British Court in the foreign country in which his offence is alleged to have been committed, so far as that law relates to the criminality of the act alleged to have been committed, or the nature or degree of the offence, or the punishment thereof, if the law differs in those respects from the law in force in that British possession.

(2) Nothing in this section shall alter or repeal any law, statute, or usage by virtue of which any offence committed out of Her Majesty’s dominions may, irrespectively of this Act, be inquired of, tried, determined, and punished within Her Majesty’s dominions, or any part thereof.

7. Provision as to place of punishment of persons convicted

Where an offender convicted before a British Court in a foreign country has been sentenced by that Court to suffer death, penal servitude, imprisonment, or any other punishment, the sentence shall be carried into effect in such place as may be directed by Order in Council or be determined in accordance with directions given by Order in Council, and the conviction and sentence shall be of the same force in the place in which the sentence is so carried into effect as if the conviction had been made and the sentence passed by a competent Court in that place.

8. Validity of acts done under Order in Council

Where, by Order in Council made in pursuance of this Act, any British Court in a foreign country is authorised to order the removal or deportation of any person from that country, that removal or deportation, and any detention for the purposes thereof, according to the provisions of the Order in Council, shall be as lawful as if the order of the Court were to have effect wholly within that country.

9. Power to assign jurisdiction to British Courts in cases within Foreign Jurisdiction Act

It shall be lawful for Her Majesty the Queen in Council, by Order, to assign to or confer on any Court in any British possession, or held under the authority of Her Majesty, any jurisdiction, civil or criminal, original or appellate, which may lawfully by Order in Council be assigned to or conferred on any British Court in any foreign country, and to make such provisions and regulations as to Her Majesty in Council seem meet respecting the exercise of the jurisdiction so assigned or conferred, and respecting the enforcement and execution of the judgments, decrees, orders, and sentences of any such Court, and respecting appeals therefrom.

10. Power to amend Orders in Council

It shall be lawful for Her Majesty the Queen in Council to revoke or vary any Order in Council made in pursuance of this Act.

11. Laying before Parliament, and effect of Orders in Council

Every Order in Council made in pursuance of this Act shall be laid before both Houses of Parliament forthwith after it is made, if Parliament be then in session, and if not, forthwith after the commencement of the then next session of Parliament, and shall have effect as if it were enacted in this Act.

12. In what cases Orders in Council void for repugnancy

(1) If any Order in Council made in pursuance of this Act as respects any foreign country is in any respect repugnant to the provisions of any Act of Parliament extending to Her Majesty’s subjects in that country, or repugnant to any order or regulation made under the authority of any such Act of Parliament, or having in that country the force and effect of any such Act, it shall be read subject to that Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be void.

(2) An Order in Council made in pursuance of this Act shall not be, or be deemed to have been, void on the ground of repugnancy to the law of England unless it is repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.

13. Provisions for protection of persons acting under Foreign Jurisdiction Acts

(1) An action, suit, prosecution, or proceeding against any person for any act done in pursuance or execution or intended execution of this Act, or of any enactment repealed by this Act, or of any Order in Council made under this Act, or of any such jurisdiction of Her Majesty as is mentioned in this Act, or in respect of any alleged neglect or default in the execution of this Act, or of any such enactment, Order in Council, or jurisdiction as aforesaid, shall not lie or be instituted—

(a) in any Court within Her Majesty’s dominions, unless it is commenced within six months next after the act, neglect, or default complained of, or in case of a continuance of injury or damage within six months next after the ceasing thereof, or where the cause of action arose out of Her Majesty’s dominions within six months after the parties to the action, suit, prosecution, or proceeding have been within the jurisdiction of the Court in which the same is instituted; nor

(b) in any of Her Majesty’s Courts without Her Majesty’s dominions, unless the cause of action arose within the jurisdiction of that Court, and the action is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.

(2) In any such action, suit, or proceeding, tender of amends before the same was commenced may be pleaded in lieu of or in addition to any other plea. If the action, suit, or proceeding was commenced after such tender, or is proceeded with after payment into Court of any money in satisfaction of the plaintiff’s claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action, suit, or proceeding.

14. Jurisdiction over ships in certain Eastern seas

It shall be lawful for Her Majesty the Queen in Council to make any law that may seem meet for the government of Her Majesty’s subjects being in any vessel at a distance of not more than one hundred miles from the coast of China or of Japan, as fully and effectually as any such law might be made by Her Majesty in Council for the government of Her Majesty’s subjects being in China or Japan.

15. Provision as to subjects of Indian princes

Where any Order in Council made in pursuance of this Act extends to persons enjoying Her Majesty’s protection, that expression shall include all subjects of the several princes and states in India.

16. Definitions

In this Act—

The expression “foreign country” means any country or place out of Her Majesty’s dominions:

The expression “British Court in a foreign country” means any British Court having jurisdiction out of Her Majesty’s dominions in pursuance of an Order in Council whether made under any Act or otherwise: The expression “jurisdiction” includes power.

17. Power to repeal or vary Acts in Second Schedule

The Acts mentioned in the Second Schedule to this Act may be revoked or varied by Her Majesty by Order in Council.

18. Repeal

The Acts mentioned in the Third Schedule to this Act are hereby repealed to the extent in the third column of that Schedule mentioned:

Provided that—

(1) Any Order in Council, commission, or instructions made or issued in pursuance of any enactment repealed by this Act, shall, if in force at the passing of this Act, continue in force, until altered or revoked by Her Majesty as if made in pursuance of this Act; and shall, for the purposes of this Act, be deemed to have been made or issued under and in pursuance of this Act; and

(2) Any enactment, Order in Council, or document referring to any enactment repealed by this Act shall be construed to refer to the corresponding enactment of this Act.

19. Short title

(1) This Act may be cited as the Foreign Jurisdiction Act, 1890.

(2) The Acts whereof the short titles are given in the First Schedule to this Act may be cited by the respective short titles given in that Schedule.

FIRST SCHEDULEThis Schedule has been extended by the Foreign Jurisdiction Act, 1913.*

Session and Chapter	Title	Enactments which may be extended by Order in Council	Short Title
12 & 13 Viet. c. 96.	An Act to provide for the Prosecution and Trial in Her Majesty’s Colonies of Offences committed within the jurisdiction of the Admiralty.	The whole Act.	Admiralty Offences (Colonial) Act, 1849.
14 & 15 Viet. c. 99. 17 & 18 Viet. c. 104.	An Act to amend the law of evidence. The Merchant Shipping Act, 1854.	Sections 7 and 11. Part X.	Evidence Act, 1851.
19 & 20 Viet. c. 113.	An Act to provide for taking evidence in Her Majesty’s Dominions in relation to civil and commercial matters pending before Foreign tribunals.	The whole Act.	Foreign Tribunals Evidence Act, 1856.
22 Vict. c.20.	An Act to provide for taking evidence in Suits and Proceedings pending before Tribunals in Her Majesty’s Dominions, in places out of the jurisdiction of such tribunals.	The Whole Act.	Evidence by Commission Act, 1859.
22 & 23 Viet. c. 63.	An Act to afford Facilities for the more certain Ascertainment of the Law administered in one Part of Her Majesty’s Dominions. When pleaded in the Courts of another Part thereof.	The whole Act.	British Law Ascertainment Act, 1859.
23 & 24 Viet. c. 122.	An Act to enable the Legislatures of Her Majesty’s Possessions Abroad to make Enactments similar to the Enactment of the Act ninth George the Fourth, chapter 31, section 8.	The whole Act.	Admiralty Offences (Colonial) Act, 1860.
24 & 25 Viet. c. 11.	An Act to afford facilities for the better ascertainment of the law of Foreign Countries when pleaded in Courts within Her Majesty’s Dominions.	The whole Act.	Foreign Law Ascertainment Act, 1861.11

30 & 31 Viet, c. 124.	The Merchant Shipping Act, 1867.	Section 11.
37 & 38 Viet, c. 94.	The Conveyancing (Scotland) Act, 1874.	Section 51.
44 & 45 Viet, c. 69.	The Fugitive Offenders Act, 1881.	The whole Act.
48 & 49 Viet, c. 74.	The Evidence by Commission Act, 1885.	The whole Act.

SECOND SCHEDULE

[Section 17]

Acts which may be revoked or varied by Order in Council

Session and Chapter	Title	Extent of Repeal
24 & 25 Viet, c. 31.	An Act for the prevention and punishment of offences committed by Her Majesty’s subjects within certain territories adjacent to the colony of Sierra Leone.	The whole Act.
26 & 27 Viet, c. 35.	An Act for the prevention and punishment of offences committed by Her Majesty’s subjects in South Africa.	The whole Act.

THIRD SCHEDULE

[Section 18]

Enactments Repealed

Session and Chapter	Title or Short Title	Extent of Repeal
6 & 7 Vict. c. 94.	The Foreign Jurisdiction Act, 1843	The whole Act.
20 & 21 Viet. C. 75.	An Act to confirm an Order in Council concerning the exercise of jurisdiction in matters arising within the kingdom of Siam.	The whole Act.
28 & 29 Viet. c. 116.	The Foreign Jurisdiction Act Amendment Act, 1865	The whole Act.
29 & 30 Viet. c. 87.	The Foreign Jurisdiction Act Amendment Act, 1866	The whole Act.
33 & 34 Viet. c. 55.	The Siam and Straits Settlements Jurisdiction Act, 1870.	The whole Act.
38 & 39 Viet. c. 85.	The Foreign Jurisdiction Act, 1875	The whole Act.
39 & 40 Viet. c. 46.	An Act for more effectually punishing offences against the laws relating to the slave trade.	Sections 4 and 6.
41 & 42 Viet. c. 67.	The Foreign Jurisdiction Act, 1878	The whole Act.

FOREIGN JURISDICTION ACT, 1913

3 & 4 GEO. 5, C. 16

AN ACT TO AMEND THE FOREIGN JURISDICTION ACT, 1890

[15th August, 1913]

1. Power to extend additional enactments. 53 & 54 Vict. c. 37

The Foreign Jurisdiction Act, 1890, shall have effect as if to the enactments mentioned in the First Schedule to that Act (being enactments which may be applied by Order in Council to foreign countries in which for the time being His Majesty has jurisdiction) there were added the enactments mentioned in the Schedule to this Act.

2. Short title

This Act may be cited as the Foreign Jurisdiction Act, 1913, and the Foreign Jurisdiction Act, 1890, and this Act may be cited together as the Foreign Jurisdiction Acts, 1890 and 1913.

SCHEDULE

[Section 1]

ENACTMENTS WHICH MAY BE EXTENDED

Session and Chapter	Title	Enactments which may be extended by Order in Council
32 & 33 Viet. c. 10.	The Colonial Prisoners Removal Act, 1869.	The whole Act.
55 & 56 Viet. C.6.	The Colonial Probates Act, 1892	The whole Act.
57 & 58 Viet. c. 30.	The Finance Act, 1894	Section 20.
63 & 64 Viet. C. 14.	The Colonial Solicitors Act, 1900	The whole Act.
8 Edw. 7, c. 69	The Companies (Consolidation) Act, 1908.	Sections 34, 35, and 36.

REPUBLIC OF ZAMBIA

THE SOLICITORS ACT APPENDIX 7

OVERSEAS SOLICITORS (ADMISSION) ORDER

AT THE COURT AT BUCKINGHAM PALACE, THE 20TH DAY OF NOVEMBER, 1964

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

WHEREAS Her Majesty, on the report of a Secretary of State, is satisfied as respects the Superior Courts in the territories specified in Schedule 1 to this Order—

(a) that the regulations respecting the admission of solicitors of those Courts are such as to secure that those solicitors possess proper qualifications and competency;

(b) that by the law of the territories specified in the said Schedule 1, solicitors of the Supreme Court in England will be admitted as solicitors of the Superior Courts in those territories on terms as favourable as those on which it is proposed to admit solicitors of the Superior Courts of those territories as solicitors of the Supreme Court in England in pursuance of sub-section (1) of section 4 of the Solicitors Act, 1957 (a) 5 & 6 Eliz.2. c.27.11(a); and

(c) that by the law of the territories specified in the said Schedule 1, other than of West Australia and West Bengal, solicitors in Scotland will be admitted as solicitors of the Superior Courts of those territories on terms as favourable as those on which it is proposed to admit solicitors of the Superior Courts in those territories to be solicitors in Scotland in pursuance of the Colonial Solicitors Act, 1900 (b) 63 & 64 Vict. c.14.12(b)

NOW THEREFORE, Her Majesty, in pursuance of the powers conferred on Her by section 4 of the Solicitors Act, 1957, as regards England and by sections 2 and 6 of the Colonial Solicitors Act, 1900, as regards Scotland and of all other powers thereunto Her enabling, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. (1) This Order may be cited as the Overseas Solicitors (Admission) Order, 1964.

(2) The Interpretation Act, 1889 (c) 52 & 53 Vict. c.63. (a) 5 & 6 Eliz.2. c.27.13(c), shall apply with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament.

2. Sub-section (1) of section 4 of the Solicitors Act, 1957, as respects England shall apply to the Superior Courts and territories specified in Schedule 1 to this Order and the Colonial Solicitors Act, 1900, as respects Scotland shall apply to the Superior Courts and territories specified in the said Schedule 1 other than to the Supreme Court of Western Australia and to Western Australia and to the High Court of West Bengal and to West Bengal and to the High Court of Zambia and to Zambia.

[Am by Overseas Solicitors (Admission) (Zambia) Order, 1965.]

3. Subject to the provisions of this Order solicitors of any of the Courts specified in Schedule 1 to this Order may be admitted by virtue of the Solicitors Act, 1957, to be solicitors in England and solicitors of any of the Courts specified in the said Schedule 1 except of the Supreme Court of Western Australia and of the High Court of West Bengal and of the High Court of Zambia may be admitted by virtue of the Colonial Solicitors Act, 1900, to be solicitors in Scotland subject to the following conditions:

(i) an applicant for admission shall be a British subject or Commonwealth citizen;

(ii) an applicant shall have passed such qualifying examination as is required by the laws or regulations in force in the territory specified in Schedule 1 to this Order in which he is a solicitor of a person applying for admission as a solicitor in that territory who has not qualified for admission in any other territory;

(iii) an applicant shall, four calendar months at least before the first day of the month in which he proposes to be admitted, leave, if he proposes to be admitted in England with the Office of the Law Society in London or, if he proposes to be admitted in Scotland, with the Registrar of Solicitors in Scotland, his original certificate of admission in the Superior Court of the territory in which he has been admitted as a solicitor together with—

(a) a certificate from the authority of the territory in whose custody the Roll of the Solicitors of that Court is kept, dated not earlier than one calendar month before the date on which it is left with the Law Society, or, as the case may be, the said Registrar, stating that his name is still upon the Roll and has never been removed therefrom and that no order has ever been made directing him to be suspended from practising his profession and that no charge is pending against him for professional or other misconduct;

(b) one or more certificates of fitness and character signed by two practising solicitors resident in the said territory of at least five years’ standing in the said Court and either by at least one of the Judges or Officers next in rank of such Court or by the President or Secretary or other such officer of the Law Society or similar professional association in the said territory;

(c) a certificate from the appropriate authority that he has passed the qualifying examination referred to in paragraph (ii) of this Article;

(d) a statutory declaration in the terms of or to the effect of the form set out in Schedule 2 to this Order;

(iv) an applicant for admission in England shall make formal application by petition to the Law Society;

(v) an applicant for admission in Scotland shall make formal application by petition to the Court of Session;

(vi) an applicant shall on admission in England and before his name is entered on the Roll of Solicitors pay to the Law Society a fee of 20 pounds;

(vii) an applicant for admission in Scotland shall pay to the said Registrar the following fees—

	£	s.	G.
Fee for Certificate of Fitness	4	4	0
Fee for Petition	10	10	0
Fee Fund Dues	1	0	0
Extract Dues, etc.		13	u
Certificate of Enrolment in the Roll of Solicitors	2	2	0
Admission Fee	5	0	0
	£23	14	0

(viii) an applicant for admission in England who is a solicitor of any of the Courts specified in Part II of Schedule 1 to this Order shall in addition pass the accounts paper in Part II of the Law Society’s qualifying examination, and an applicant for admission in England who is a solicitor of any of the Courts specified in Part III of Schedule 1 to this Order shall in addition pass Part II of the Law Society’s qualifying examination;

(ix) an applicant for admission in England shall comply in other respects with the provisions of section 4 of the Solicitors Act, 1957;

(x) an applicant for admission in Scotland shall comply in other respects with the provisions of the Colonial Solicitors Act, 1900.

[Am by Overseas Solicitors (Admission) (Zambia) Order, 1965; Overseas Solicitors (Admission) (Amendment) Order, 1969.]

4. On the Master of the Rolls being satisfied by a certificate issued by the Law Society that an applicant for admission in England has complied with the provisions of section 4 of the Solicitors Act, 1957, and of this Order, the Master of the Rolls shall cause him to be admitted a solicitor in England and his name to be enrolled on the Roll of Solicitors.

5. On the Court of Session being satisfied that the applicant for admission in Scotland has complied with the provisions of the Colonial Solicitors Act, 1900, and of this Order, the Court shall ordain him to undergo the examinations in law prescribed for the time being for applicants for admission as solicitors in Scotland, and on the Court being satisfied that the applicant has duly passed such examinations then and not otherwise the Court shall cause him to be admitted a solicitor and his name to be enrolled as such. The rules in force in Scotland for the time being as to the presentation of Petitions for admission as solicitor and the proceedings under the rules, shall be applicable to all applications under this Order for admission as a solicitor in Scotland.

6. Notice of intention to apply for admission within the meaning of the Acts regulating the admission of solicitors in England or, as the case may be, in Scotland, shall be deemed to have been given upon the documents mentioned in Article 3 of this Order being left with the Law Society or the said Registrar.

7. The Orders in Council specified in Part I of Schedule 3 to this Order are hereby revoked provided that the revocation of the Orders in Council relating to South Africa shall not affect their continuance in force for the purpose of paragraph 5 of Schedule 3 to the South Africa Act, 1962 (a) 10 & 11 Eliz.2. c.23.14. The Orders in Council specified in Part II of the said Schedule 3 are hereby revoked except so far as the same relate to Northern Ireland.

SCHEDULE 1

PART I

Court	Territory
Superior Court	Barbados
Supreme Court	British Guiana (Guyana)
Supreme Court	Grenada
Supreme Court	Hong Kong
Supreme Court	Jamaica
Supreme Court	Trinidad and Tobago
High Court	Zambia

[Am by the Overseas Solicitors (Admission) (Zambia) Order, 1965.]

PART II

Court	Territory
Supreme Court	New South Wales
Supreme Court	Queensland
Supreme Court	South Australia
Supreme Court	Tasmania
Supreme Court	Victoria
Supreme Court	Western Australia
Supreme Court	New Zealand
Supreme Court	Ceylon (Sri Lanka)
Supreme Court	Ontario
Supreme Court	Alberta
High Court	Bombay
High Court	West Bengal

PART III

Supreme Court	British Columbia
Court of Queen’s Bench and Court of Appeal	Manitoba
Superior Court	Saskatchewan
High Court	Malawi
High Court	Southern Rhodesia (Zimbabwe)

SCHEDULE 2

In the matter, Strike out the inappropriate words. Section 4 of the Solicitors Act, 1957.

the Colonial Solicitors Act, 1900.

In the matter of………………………..

I, ………………………………do solemnly and sincerely declare as follows:

(1) I am a citizen of …………………………………………………………………..

(2) I have passed the qualifying examination as required by the laws or regulations in force in……..of a person applying for admission as a solicitor there who has not qualified for admission in any other territory.

(3) I was on ……………… the day of ……………. admitted to practise as a ……………. of the Court of and …………. I ……… have beenStrike out the inappropriate words* in practice before that Court for not less than three years. Strike out the inappropriate words*I was articled for not served bona fide as a clerk to a solicitor in England.

SIC*less than………. My name remains on the Roll of the said Court, and I have not at any time been suspended from practice by the Court or by any Judge thereof, nor are any proceedings pending to strike my name off the said Roll or to suspend me from practice and no charge is pending against me for professional or other misconduct. I beg to refer to the certificate of …. marked “A” now produced by me in proof of the statements in this paragraph.

I have not been bankrupt or insolvent nor have I made a composition or arrangement with my creditors. (If this is not the case, state the facts with dates, and show that a complete discharge has been obtained.)

(5) The document now produced and shown to me and marked “B” is the certificate from the appropriate authority in that I have passed the qualifying examination referred to in paragraph (2) of this declaration and the document now produced and shown to me and marked “C” is my original certificate of admission in the said Court, and the documents now produced and shown to me and marked respectively “D” and “E” are respectively certificates of character and as to my fitness to be …………..admitted a solicitor of the Strike out the inappropriate words. (a) 5 & 6 Will. 4. c.62.18 Supreme Court of England signed respectively by……….in Scotland ……..one of the Judges/Officers of the said Court/President/Secretary/Officer of the Law Society/professional association in the said territory and by and two practising solicitors of the said Court of at least five years’ standing.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

(To be signed and attested)

[Am by Overseas Solicitors (Admission) (Amendment) Order, 1969.]

SCHEDULE 3

Orders in Council Revoked

(Omitted)

REPUBLIC OF ZAMBIA

COLONIAL STOCK ACT APPENDIX 8

COLONIAL STOCK ACT, 1877

40 & 41 Vict. c. 59

[Printed as am by 54 & 55 Vict. c. 39; 56 & 57 Vict. c. 53; 57 & 58 Vict. c. 56, 11 & 12 Geo. 5, c. 38]

AN ACT TO AMEND THE LAW WITH RESPECT TO THE TRANSFER OF STOCK FORMING PART OF THE PUBLIC DEBT OF ANY COLONY, AND THE STAMP DUTY ON SUCH TRANSFER

[14th August, 1877]

Application of Act

1. Registration by colony with Commissioners of Inland Revenue of colonial stock to which this Act applies

Where provision has been made by the legislature of a colony and otherwise for the inscription and transfer in a register kept in the United Kingdom by some bank, colonial officer, or person (which bank, officer, or person is in this Act referred to as the registrar) of any stock forming the whole or part of the public debt of such colony, and the government of such colony cause a declaration under the seal of such colony, or by some person in that behalf authorised under that seal, stating such provision, and identifying the stock with respect to which it has been made, to be left with the Commissioners of Inland Revenue, those Commissioners, upon payment of the proper fee, shall record the same; and such record and declaration shall be open to inspection at all reasonable times, in manner directed by the said Commissioners, upon payment of the proper fee.

Upon such declaration being recorded, this Act shall apply to the stock specified in the declaration, and this Act shall not apply to any colonial stock not specified in a declaration recorded as provided by this section.

The proper fee for the purposes of this section shall be such fee not exceeding, in the case of recording a declaration, five pounds, and in the case of inspection five shillings, as the Treasury from time to time fix, and shall be paid into the Exchequer.

Stamp Duty on Colonial Stock to which this Act applies

2. Stamp duty on stock to which this Act applies

[Rep by 54 & 55 Vict. c. 39, s. 123.]

3. Composition for stamp duty on transfer of stock to which this Act applies

[Rep by 54 & 55 Vict. c. 39, s. 123.]

The registrar shall from time to time give to the Commissioners of Inland Revenue such information as they may require respecting the stock of any colony inscribed in the register kept by him.

Transfers and Dividends

4. Transfer of colonial stock to which this Act applies

Colonial stock, to which this Act applies, while inscribed in a register kept in the United Kingdom, shall be transferred as follows—

(1) The transfer shall be made only in the register, and shall be signed by the transferor, or, if he is absent, by his attorney thereunto lawfully authorised by some writing executed under his hand and seal and attested:

(2) The transferee may, if he thinks fit, underwrite his acceptance of the transfer:

(3) The executors or administrators of a deceased stockholder shall alone be recognised by the registrar as having any title to the stock or any dividend thereon:

(4) The person becoming entitled to any stock or dividend thereon in consequence of the death, bankruptcy, or marriage of the stockholder, or of any devolution in law from the stockholder, or otherwise than by transfer of the stock, shall produce such evidence of his title as may be reasonably required by the registrar, but the person so becoming entitled to any stock may transfer such stock to another person without being registered himself.

5. Closing of register for dividend

The registrar may, for such period not exceeding 14 days as he may from time to time fix previous to each payment of dividend on any colonial stock to which this Act applies, close the register of that stock as regards transfers, upon giving not less than seven days’ notice of such closing by advertisement in some newspaper circulating generally in the place where the register is kept.

The persons who on the day of such closing are inscribed as stockholders shall as between them and their transferees of colonial stock be entitled to the dividend then next payable thereon.

6. Dividends in case of infancy, etc., of a joint stockholder

Where colonial stock to which this Act applies is standing in the name of an infant or person of unsound mind jointly with any person not under legal disability, a letter of attorney for the receipt of the dividends on the stock shall be sufficient authority in that behalf, if given under the hand and seal of the person not under disability, and attested.

The registrar, before acting on the letter of attorney, may require proof to his satisfaction of the alleged infancy or unsoundness of mind, by the declaration of competent persons made under the Statutory Declarations Act, 1835, or in such other manner as he may reasonably require.

7. Stock certificate to bearer

The registrar, if so authorised by the government of a colony issuing stock to which this Act applies, shall on application and payment of the fees and stamp duty, if any, chargeable in respect of the certificate, grant to a stockholder a certificate (in this Act called a stock certificate to bearer) which shall entitle the bearer to the stock therein described, and shall be transferable by delivery.

There shall be attached to such certificate coupons entitling the bearer of or person named in the coupons to the dividends on the stock for a limited period.

Any stock in respect of which a stock certificate to bearer has been so issued shall, so long as such certificate is outstanding, cease to be dealt with through the medium of the register.

A coupon so issued shall be deemed to be a cheque on a banker within the meaning of any law or enactment for the time being in force relating to cheques other than any enactment relating to stamp duties.

8. Stamp duty on stock certificate to bearer duty increased. 10 & 11 Geo. 5, c. 18, s. 38. 19

Where a composition has not been paid in respect of the stamp duty chargeable on the transfer of any stock to which this Act applies, a stock certificate to bearer issued in respect of that stock shall be charged with a stamp duty of two shillings and sixpence for every full sum of one hundred pounds, and also for every fraction less than one hundred pounds, or over and above one hundred pounds or a multiple of one hundred pounds, of the nominal amount of stock described in such certificate.

9. Renewal of coupons or certificate

On the expiration of the period for which the coupons attached to a stock certificate to bearer have been issued under this Act, the certificate may be exchanged for another certificate with coupons for a further period: Provided, that the certificate issued in exchange, if the stamp duty has not been compounded, shall be duly stamped, but in such case the Commissioners of Inland Revenue shall, on production to them of both certificates duly stamped, and subject to such regulations as they may from time to time make, grant allowance for the stamp on the former certificate.

10. —

On delivery to the registrar of a stock certificate to bearer issued under this Act and of all unpaid coupons belonging thereto, the registrar shall enter the bearer in the register as proprietor of the stock described in the certificate, and thereupon that stock shall become transferable and the dividends thereon payable as if no stock certificate to bearer had been issued in respect of that stock.

11. Conversion of stock certificate to bearer into nominal certificate

If the bearer of a stock certificate to bearer issued under this Act insert therein the name, address, and quality of some person, such certificate shall cease to be transferable, and the person so named, or some person deriving title from him by devolution in law, shall alone be recognised by the registrar as entitled to the stock described in the certificate, and shall be entitled to be entered in the register as proprietor of that stock in like manner as if he were the bearer of a stock certificate to bearer, but if deriving his title by devolution in law he shall produce such evidence of his title as the registrar may reasonably require.

12. Trustee not to apply for stock certificate to bearer

[Rep except as to Scotland, 56 & 57 Vict. c. 53, s. 51; as to Scotland, 11 & 12 Geo. 5, c. 58. s. 36, Schedule C.]

13. Loss of stock certificate to bearer

If any stock certificate to bearer issued under this Act is lost, mislaid, or destroyed, the registrar shall, on such indemnity being given as he may reasonably require, and on payment of the expense of the issue, issue a fresh stock certificate to bearer in the place of the certificate so lost, mislaid, or destroyed.

14. Stock in certificate to bearer to have incidents of other stock, except as to transfer, etc.

Stock described in a stock certificate to bearer issued under this Act shall, save as relates to the mode of transfer and payment of dividends, be subject to the same incidents in all respects as if it had continued to be transferable in the register.

15. Notice of trust

No notice of any trust in respect of any colonial stock, or of any certificate thereof, or of any coupon annexed to such certificate, shall be entered in the register or receivable by the registrar or by the government of the colony.

16. Entry in register of conditions and regulations

The registrar may, before the inscription of any stock, make with respect to the transfer of such stock or otherwise in relation to such stock, reasonable regulations not inconsistent with the provisions of this Act.

A printed copy of the documents containing the authority for and conditions of the issue of stock to which this Act applies, and of all regulations with respect to the transfer of such stock or otherwise in relation to such stock, shall be entered in the register of the stock.

17. Register to be evidence

The register kept in pursuance of this Act shall on its mere production from the custody of the registrar be evidence of all matters entered therein, and, as regards persons entered therein as proprietors of colonial stock to which this Act applies, of the title of those persons to that stock.

18. Information to be given respecting register

The registrar shall keep in a separate book a list of the stockholders on whose stock the dividends have been unclaimed for 10 years, together with their registered addresses and description, and such list shall be open for inspection at the usual hours of transfer upon payment of such fee, not exceeding two shillings and sixpence, as may be fixed by the regulations.

The registrar shall give within a reasonable time after application a certificate stating the following particulars in relation to any colonial stock of which he is registrar, or any part of such stock, or such of those particulars as may be required by the applicant, namely—

(a) The total amount issued by the colony, and the total inscribed in the register; and

(b) The total number of the persons in whose names the stock or part is originally inscribed, or after the register of such stock or part has been once closed as regards transfers, the total number of the stockholders at the last preceding date at which the transfer books were closed; and

(c) The total number of each class of persons in whose names the stock or part is originally inscribed, or after the register of the stock or part has been once closed as regards transfers, of each class of stockholders at the last preceding date at which the transfer books were closed, the classification being according to the amount held, omitting fractions of two hundred pounds; and

(d) A copy or extract certified by the registrar or by some officer appointed for the purpose to be a true copy or extract of any conditions or regulations required by this Act to be entered in the register.

Provided that the registrar shall not be required to give any such certificate in relation to any colonial stock, or part of such stock, until after the expiration of one month after the stock or part of the stock to which the certificate relates has been inscribed.

Within a reasonable time after the application of any person who is a stockholder of any colonial stock to which this Act applies, the registrar shall give him a list of the registered names and addresses of the stockholders of such stock at the last preceding date at which the register was closed as regards transfers.

The registrar before giving a certificate or list under this section may require payment of such fee not exceeding five shillings and a further sum of twopence for every folio of seventy-two words, or in the case of a list of names and addresses of sixpence for each name and address, as the registrar may from time to time fix.

Any certificate or list given under this section shall be admissible in evidence.

19. Miscellaneous

The declaration respecting colonial stock to which this Act applies, recorded with the Commissioners of Inland Revenue, and the document containing the conditions of the issue of the stock, and every prospectus and notice inviting persons to subscribe for or take the stock, and every stock certificate to bearer, and every coupon and dividend warrant and every other certificate and document issued to a stockholder in relation to stock held by him, shall state that the revenues of the colony alone are liable in respect of the stock and the dividends thereon, and that the Consolidated Fund of the United Kingdom and the Treasury are not directly or indirectly liable or responsible for the payment of the stock or of the dividends thereon, or for any matter relating thereto, and if the Treasury require the statement to be made in any particular terms, those terms shall be adopted. Particulars to be contained in prospectus, certificates, etc.

A declaration not in conformity with this section shall not be recorded, and every person publishing or issuing or entering in the register any such document, prospectus, notice, stock certificate, coupon, warrant, certificate or document as aforesaid not in conformity with this section shall be liable to a penalty not exceeding fifty pounds.

20. Jurisdiction of Courts as to colonial stock

In any legal proceeding in a Court in the United Kingdom in relation to the register of colonial stock to which this Act applies, or to an entry in or omission from such register, or to a right or title to or interest in any such colonial stock, or any dividend thereon, the jurisdiction of such Court shall not be objected to on the ground only that the registrar is the agent of a colonial government, and the registrar, whether a party or not to such proceeding, shall comply with any order made by such Court in relation to the matters aforesaid.

Any person claiming to be interested in colonial stock to which this Act applies, or in any dividend thereon, may present a petition of right in England in relation to such stock or dividend, and the like proceedings may be had upon such petition as in the case of any other petition of right, subject to this qualification, that the certificate of the judgment, decree, rule, or order of the Court may be left with the registrar instead of with the Treasury, and such judgment, decree, rule or order shall be complied with by the registrar or other agent of the colonial government having possession in England of money of such government instead of by the Treasury.

21. Forgery of transfers of stock and of stock certificates, and personation of owners of stock, etc.

For the purposes of the Act of the session of the 24th and 25th years of the reign of Her present Majesty, chapter 98, intituled “An Act to consolidate and amend the Statute Law of England relating to indictable offences by forgery”, colonial stock to which this Act applies shall be deemed to be capital stock of a body corporate.

The Forgery Act, 1870, shall apply to a stock certificate and a coupon issued in pursuance of this Act, and to colonial stock to which this Act applies, in like manner as if the same were a stock certificate, coupon, or stock mentioned in that Act. 33 & 34 Vict. c. 58

22. Stock to which this Act applies to be personal estate

Colonial stock to which this Act applies shall be personal estate, and shall not be liable to any foreign attachment by the custom of London or otherwise.

23. Fees

The registrar may charge such fees (if any) in respect of any certificate issued under this Act with reference to colonial stock and in respect of any transfer thereof in the register, and otherwise in respect of any act done by the registrar with respect to such stock, as may be fixed by the government issuing the stock, not exceeding in any case five shillings.

All fees charged by the registrar in pursuance of this Act may be retained by him for his own use.

24. Control of discretion of registrar

Any discretion or power vested by this Act in the registrar shall, subject to any agreement between the registrar and the government of the colony issuing the stock inscribed in the register kept by such registrar, be exercised subject to and in accordance with the directions of that government.

25. Saving for transfer of stock to colony

Nothing in this Act shall prevent any colonial stock inscribed in the register being transferred upon the application of the stockholder to a register in the colony or elsewhere.

26. Definitions

In this Act, unless the context otherwise requires:

the expression “colony” means any dominion, colony, island, territory, province, or settlement situate within Her Majesty’s dominions, but not within the United Kingdom, the Channel Islands, or Isle of Man, and not forming part of India as defined for the purposes of the Acts for the time being in force relating to the Government of India; and for the purposes of this Act the whole of the dominion, colonies, islands, territories, provinces, and settlements under one central legislature, and also such part of the said dominion and such of the said colonies, islands, territories, provinces, and settlements as is under a local legislature is deemed to be a colony;

the expression “legislature” means any bodies or body of persons or person who can exercise legislative authority in a colony, and where there are local legislatures as well as a central legislature, includes both each of the local legislatures and the central legislature;

the expression “colonial stock” includes any share or interest in colonial stock;

the expression “register” includes any books kept by the registrar for the purpose of colonial stock in which the names and addresses of the several persons for the time being entitled to such stock, and the amounts to which they are entitled, and the transfers thereof, are entered;

the expression “stockholder” means a person holding colonial stock, being entered as proprietor thereof in the register kept under this Act;

the expression “person” includes a corporation.

27. Short title

This Act may be cited as the Colonial Stock Act, 1877.

COLONIAL STOCK ACT, 1892

55 & 56 Vict. c. 35

AN ACT TO AMEND THE COLONIAL STOCK ACT, 1877 SO FAR AS REGARDS THE MODE OF TRANSFER OF STOCK TO WHICH THAT ACT APPLIES

[27th June, 1892]

1. Short title. 40 & 41 Vict. c. 59

This Act may be cited as the Colonial Stock Act, 1892, and this Act and the Colonial Stock Act, 1877, may be cited together as the Colonial Stock Acts, 1877 and 1892.

2. Amendment of 40 & 41 Vict. c. 59, as respects mode of transfer of stock

(1) Any stock issued after the passing of this Act to which the Colonial Stock Act, 1877, applies may, if so provided by regulations under section 16 of that Act (which regulations the registrar is hereby authorised to make), be transferred by deed according to the form in the Schedule to this Act, or to the like effect, and such deed, when duly executed by all parties, shall be delivered to the registrar and kept by him, and a memorial thereof shall be entered in the register.

(2) On demand of the holder of any stock transferable by deed the registrar shall cause a certificate of the proprietorship thereof to be delivered to each holder, and such certificate shall be prima facie evidence of the title of the holder to the stock therein specified; nevertheless the want of such certificate shall not prevent the holder of any stock from disposing thereof.

(3) Where stock of a colony has been issued before the passing of this Act, and the regulations for the transfer of such stock provide for its transfer in like manner as is authorised by this Act, the government of the colony, if desirous that the Colonial Stock Act, 1877, as amended by this Act, should apply to the said stock, may, by a declaration made, deposited, and recorded in like manner as a declaration adopting that Act, declare such desire, and identify the stock with reference to which the declaration is made and thereupon this Act shall apply as if it had been enacted before the issue of the stock and the said regulations had been made in pursuance of section 16 of the Colonial Stock Act, 1877.

(4) Section 19 of the Colonial Stock Act, 1877, shall not apply to any stock in respect to which the provisions of that section have not been observed before the passing of that Act.

(5) A declaration under this Act may be made whether there has or has not been a prior declaration applying to the stock the Colonial Stock Act, 1877.

3. Application of this Act to Isle of Man. 43 & 44 Vict. c. 8

This Act shall apply to the Isle of Man in like manner as if section 6 of the Isle of Man Loans Act, 1880, referred to the Colonial Stock Act, 1877, as amended by this Act, and that section shall be deemed to have authorised the Government of the Isle of Man to provide for the transfer of stock in manner provided by this Act.

SCHEDULE

STOCK

[Here identify stock]

I, or we, of in consideration of the sum of £

paid by being the consideration money for pounds

stock do hereby transfer the said stock [together with the interest accrued thereon since the last half-yearly payment of such interest] to the said transferee.

And the said transferee hereby accepts the transfer of the same subject to the conditions on which the transferor held the same.

Witness our hands and seals this day of one thousand eight hundred and ninety Seller

Money

Buyer

Signed, sealed, and delivered by the above-named

in the presence of Signature of witness Address

Occupation }

Signed, sealed, and delivered by the above-named

in the presence of Signature of witness Address

Occupation }

COLONIAL STOCK ACT, 1900

63 & 64 Vict. c. 62

AN ACT TO AMEND THE COLONIAL STOCK ACTS, 1877 AND 1892, AND THE TRUSTEE ACT, 1893

[8th August, 1900]

1. Amendment of 40 & 41 Vict. c. 59 s. 19, as to colonial stock

For the purpose of enabling the Colonial Stock Acts, 1877 and 1892, to be applied to stock issued before the passing of this Act, it shall not be necessary that any prospectus, notice, stock certificate, coupon, dividend warrant, or other certificate or document issued before the passing of this Act in relation to the stock, should state the particulars required to be stated therein by section 19 of the Colonial Stock Act, 1877.

2. Power for trustees to invest in colonial stock. 56 & 57 Vict. c. 53

The securities in which a trustee may invest under the powers of the Trustee Act, 1893, shall include any colonial stock which is registered in the United Kingdom in accordance with the provisions of the Colonial Stock Acts, 1877 and 1892, as amended by this Act, and with respect to which there have been observed such conditions (if any) as the Treasury may by order notified in the London Gazette prescribe.

The restrictions mentioned in section 2 sub-section (2) of the Trustee Act, 1893, with respect to the stocks therein referred to shall apply to colonial stock. The Treasury shall keep a list of any colonial stocks in respect of which the provisions of this Act are for the time being complied with, and shall publish the list in the London and Edinburgh Gazettes, and in such other manner as may give the public full information on the subject.

3. Application to Scotland

In the application of this Act to Scotland the words “Trusts (Scotland) Amendment Act, 1884,” shall be substituted for the words “Trustee Act, 1893,” where those words first occur in section 2, and the restrictions mentioned at the end of the said section shall apply.

4. Short title

This Act may be cited as the Colonial Stock Act, 1900, and the Colonial Stock Acts, 1877 and 1892, and this Act may be cited collectively as the Colonial Stock Acts, 1877 to 1900.

COLONIAL STOCK ACTS EXTENSION (NORTHERN RHODESIA) ORDER

AT THE COURT AT BUCKINGHAM PALACE, THE 11TH DAY OF AUGUST, 1931

Present:

THE KING’S MOST EXCELLENT MAJESTY

LORD PRESIDENT LORD RUSSELL OF KILLOWEN

VISCOUNT LEE OF FAREHAM MR. SECRETARY SHAW

WHEREAS by section 3 of the Colonial Development Act, 1929, it is amongst other things provided that His Majesty may, if a representation is made to Him by the Treasury and the Secretary of State that it is desirable so to do, make an Order in Council directing that the Colonial Stock Acts, 1877 to 1900, shall be extended, subject to such modifications and to such conditions as may appear expedient to His Majesty, so as to apply to stock issued after the passing of that Act and forming part of the public debt of any territory specified in the Order which is under His Majesty’s protection:

AND WHEREAS a representation has been made to His Majesty by the Treasury and the Secretary of State that it is desirable that an Order should be made directing that the Colonial Stock Acts, 1877 to 1900, shall, subject to the modifications for which provision is made by this Order, be extended so as to apply to stock issued after the passing of the said Act and forming part of the public debt of Northern Rhodesia as if Northern Rhodesia were a colony:

NOW, THEREFORE, His Majesty, in pursuance of the powers vested in Him by the said section 3 of the Colonial Development Act, 1929, and of all other powers enabling Him in that behalf is pleased by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

(1) The Colonial Stock Acts, 1877 to 1900, shall, subject to the modifications set out in the next succeeding paragraph of this Order, be extended so as to apply to stock issued after the passing of the Colonial Development Act, 1929, and forming part of the public debt of Northern Rhodesia as if Northern Rhodesia were a colony.

(2) For the purposes of section 2 of the Colonial Stock Act, 1900, the following conditions shall have effect in relation to stock to which the Colonial Stock Acts, 1877 to 1900, apply by virtue of this Order as if they had been prescribed by the Treasury under that section:

(a) Provision must be made by legislation of Northern Rhodesia for the payment out of the revenues of Northern Rhodesia of any sums which may become payable to stockholders under any judgment, decree, rule or order of a Court in the United Kingdom:

(b) The Government of Northern Rhodesia must satisfy the Treasury that adequate funds, as and when required, will be made available in the United Kingdom to meet any such judgment, decree, rule or order:

(c) The Government of Northern Rhodesia must place on record a formal expression of their opinion that any legislation of Northern Rhodesia which appears to the Imperial Government to alter any of the provisions affecting the stock to the injury of the stockholders or to involve a departure from the original contract in regard to the stock would properly be disallowed, and that no legislation, whereby the control of the Secretary of State over the finances of Northern Rhodesia is impaired, ought to be passed unless and until the Treasury are satisfied that satisfactory arrangements have been made for safeguarding the interests of the stockholders.

(3) This Order may be cited as the Colonial Stock Acts Extension (Northern Rhodesia) Order, 1931.

M. P. A. HANKEY

REPUBLIC OF ZAMBIA

STATE LANDS, RESERVES AND TRUST LAND APPENDIX 9

PART I ORDERS

ZAMBIA (STATE LANDS AND RESERVES) ORDER, 1964

AT THE COURT AT BUCKINGHAM PALACE, THE 15TH DAY OF OCTOBER, 1964

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

HER MAJESTY, by virtue and in exercise of the powers vested in Her in that behalf by the Foreign Jurisdiction Act, 1890, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. Citation, commencement and construction

(1) This Order may be cited as the Zambia (State Lands and Reserves) Order, 1964.

(2) This Order shall come into operation immediately before 24th October, 1964.

(3) This Order shall be construed as one with the Northern Rhodesia (Crown Lands and Native Reserves) Orders in Council, 1928 to 1963.

2. (Had its effect)

3. Vesting of rights in Crown land, etc., in President

All rights in or in relation to Crown lands or other immovable property in Northern Rhodesia that are vested in Her Majesty immediately before the commencement of this Order shall, on the commencement of this Order, be transferred to and vest in the President of the Republic of Zambia.

4. Vesting of native reserves in President

All native reserves that, immediately before the commencement of this Order, are vested in the Secretary of State shall, on the commencement of this Order, be transferred to and vest in the President of the Republic of Zambia.

5. Saving of existing rights

Nothing in this Order or the Zambia Independence Order, 1964, shall affect any estate, right or interest in or over any land or other immovable property which—

(a) the Governor or any other officer or authority of the Government of Northern Rhodesia, acting in exercise of any power in that behalf conferred by or under the Northern Rhodesia (Crown Lands or Native Reserves) Order in Council, 1928, or any Order amending that Order, has at any time before the commencement of this Order created, granted recognised or otherwise acknowledged; or

(b) is recognised or otherwise acknowledged by any provision of the Northern Rhodesia (Crown Lands and Native Reserves) Order in Council, 1928, or any Order amending that Order as an estate, right or interest of any person other than Her Majesty or the Secretary of State and accordingly those estates, rights and interests shall continue to have the same validity as they had before the commencement of this Order and the Zambia Independence Order, 1964.

W. G. AGNEW

ZAMBIA (TRUST LAND) ORDER, 1964

AT THE COURT AT BUCKINGHAM PALACE, THE 15TH DAY OF OCTOBER, 1964

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

1. Citation, commencement and construction

(1) This Order may be cited as the Zambia (Trust Land) Order, 1964.

(2) This Order shall come into operation immediately before 24th October, 1964.

(3) This Order shall be construed as one with the Northern Rhodesia (Native Trust Land) Orders in Council, 1947 to 1963.

2. (Had its effect)

3. Vesting of native trust lands in President

All Native Trust Land that immediately before the commencement of this Order is vested in the Secretary of State shall, on the commencement of this Order, be transferred to and vest in the President of the Republic of Zambia.

4. Saving of existing rights

Nothing in this Order or the Zambia Independence Order, 1964, shall affect any estate, right or interest in or over any land which the Governor or any other officer or authority of the Government of Northern Rhodesia, acting in exercise of any power in that behalf conferred by or under the Northern Rhodesia (Native Trust Land) Order in Council, 1947, or any Order amending that Order, has at any time before the commencement of this Order created, granted, recognised or otherwise acknowledged, and, accordingly, those estates, rights and interests shall continue to have the same validity as they had before the commencement of this Order and the Zambia Independence Order, 1964.

W. G. AGNEW

ZAMBIA (GWEMBE DISTRICT) ORDER, 1964

AT THE COURT AT BUCKINGHAM PALACE, THE 15TH DAY OF OCTOBER, 1964

Present:

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

1. Citation, commencement and construction

(1) This Order may be cited as the Zambia (Gwembe District) Order, 1964.

(2) This Order shall come into operation immediately before 24th October, 1964.

(3) This Order shall be construed as one with the Northern Rhodesia (Gwembe District) Order in Council, 1959.

2. (Had its effect)

3. Saving of existing rights

Nothing in this Order or the Zambia Independence Order, 1964, shall affect any estate, right or interest in or over land which the Governor, acting in exercise of any power in that behalf conferred by or under the Northern Rhodesia (Gwembe District) Order in Council, 1959, has at any time before the commencement of this Order created, granted, recognised or otherwise acknowledged, and, accordingly, those estates, rights and interests shall continue to have the same validity as they had before the commencement of this Order and the Zambia Independence Order, 1964.

W. G. AGNEW

RESERVES REGULATIONS

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Entering or remaining in Reserves

4. Travelling through Reserves

5. Removal from Reserve of persons contravening regulation 3 or 4

TRADING SITES

6. Lease of trading sites

7. Area, etc., of trading sites

8. Duties of lessee

9. Permission to graze stock

10. Subletting, etc.

11. Waiver of right to object to prospecting

12. Distance between stores

13. Cancellation of lease

14. Buildings and improvements

MISSION SITES

15. Lease of mission sites

16. Regulations 11, 13 and 14 to apply to mission sites

TIMBER CUTTING

17. Felling, etc., of forest produce

HOTEL SITES

18. Lease of hotel sites

TOURIST CAMPS

19. Lease of tourist camp sites

CHARITABLE ORGANISATIONS

20. Lease for use of charitable organisations

EASEMENTS, WAYLEAVES AND LICENCES

21. Leases for easements, wayleaves, licences or access

LABOUR DEPOT SITES

22. Leases for labour rest camps, etc.

GENERAL

23. Existing leases 12th October, 1928

24. Penalties

SCHEDULE

G.N. 149 of 1928,

G.N. 25 of 1930,

G.N. 6 of 1931,

G.N. 17 of 1931,

G.N. 115 of 1945,

G.N. 230 of 1951,

G.N. 125 of 1960,

G.N. 497 of 1964.

S.I. 117 of 1965.

[Regulations by the President under Article 7 of the Zambia (State Lands and Reserves) Orders, 1928 to 1964]

1. Title

These Regulations may be cited for all purposes as the Reserves Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“Assistant District Secretary” means the Assistant District Secretary placed in charge of any Reserve or part of a Reserve;

“native occupant” means, as regards any Reserve, a native entitled under the Order to enter and occupy land in that Reserve;

“Reserve” means a Reserve constituted under the Order;

“the Order” means the Zambia (State Lands and Reserves) Orders, 1928 to 1964.

3. Entering or remaining in Reserves

No person, unless he is a native occupant or otherwise in lawful occupation of land within a Reserve, shall enter or remain in such Reserve unless he shall show lawful cause for so entering or remaining.

4. Travelling through Reserves

No person, unless he is a native occupant or otherwise in lawful occupation of land within a Reserve, shall in travelling through such Reserve, take a longer time in doing so than is reasonably necessary for the lawful purposes that occasion such travelling.

5. Removal from Reserve of persons contravening regulation 3 or 4

Any person contravening regulation 3 or 4 shall, in addition to any of the penalties to which he may be liable under regulation 24, also be liable to be removed from a Reserve by order of the President if, in the opinion of the President, such removal is desirable in the interests of the native occupants.

TRADING SITES

6. Lease of trading sites

On the recommendation of the rural council concerned, the President, if he is satisfied that it will be in the interests of the inhabitants of the Reserve, may grant a lease of a site to any suitable person or firm for purposes of trading in any Reserve at a rent and for a period not exceeding five years to be agreed upon between him and the lessee. The said lease shall be subject to the terms of these Regulations and such other terms and conditions as the President may require.

[Am by GN 230 of 1951.]

7. Area, etc., of trading sites

The area of any site granted in accordance with the terms of regulation 6 shall not exceed in extent 2.0235 hectares of land, and the President may require the lessee to enclose such land with a suitable and sufficient fence.

8. Duties of lessee

The land leased in accordance with regulation 6 shall be used for purposes to be specified in the lease, and the lessee shall be bound to erect upon such land and keep in repair suitable and sufficient premises for such purposes together with suitable sanitary offices.

9. Permission to graze stock

(1) The Assistant District Secretary for the time being may, on application to him by the lessee, subject to there being grazing available that will not interfere with the convenience of native rights of grazing, grant permission to the lessee to graze stock on such land near the site leased to him as may be pointed out to him by the Assistant District Secretary, and shall specify a grazing fee payable by the lessee not being less than two ngwee per head for large stock and half an ngwee per head for small stock per mensem for a limited period not exceeding three months at any one time, but except as hereinafter provided permission shall not be given for grazing more than 100 head of stock at any one time during such period:

Provided that, in the event of the lessee being in possession of a permit granted under any law in that behalf, to purchase cattle, the Assistant District Secretary may, in his discretion and subject to any general or special directions from the President, grant to the lessee the right to graze such number of stock and for such period not exceeding the term of the lease as the Assistant District Secretary shall specify.

(2) Any lessee who grazes stock in excess of the number permitted or who neglects to comply with any conditions or directions imposed or issued under this regulation or otherwise shall be deemed to have contravened the provisions of these Regulations and shall be liable to the penalties provided in regulation 24.

[Am by GN 25 of 1930, 17 of 1931.]

10. Subletting, etc.

The lessee shall not, without the consent in writing of the President, assign or sublet the land leased to him or appoint any person other than a native approved by the Assistant District Secretary as manager or substitute in any business carried on upon the said site.

11. Waiver of right to object to prospecting

The lessee shall waive any right he may have or acquire under the provisions of the Mines and Minerals ActNow the Mines and Minerals Act is repealed and replaced by Mines and Minerals Development Act, No. 11 of 2015.*, by the building of any house, to object to any prospecting outside the limits of the said land and within a radius of 321.8 kilometres of such building.

12. Distance between stores

The lessee shall not open or have any interest in any other store or trading station in a Reserve within a radius of 32.18 kilometres of the said site.

13. Cancellation of lease

The President shall have the right of immediately cancelling the lease and the lessee shall thereupon be required to evacuate the site—

(a) on failure of the lessee to pay rent in accordance with the terms of the lease, or on a breach of any of the conditions of the lease or of these Regulations by the lessee; or

(b) if the lessee is not in possession of such licence as may be necessary for carrying on the business for which the site is leased; or

(i) by act, speech or conduct attempts to incite any inhabitant of the Reserve or any area adjacent thereto to disturb the public peace or attempts to excite discontent or disaffection amongst the inhabitants or to promote feelings of ill-will or hostility towards the Government or its officers or to constituted authority; or

(ii) in any manner whatsoever so conducts himself or the business carried on under such licence as to exercise an influence which, in the opinion of the President, is detrimental to the welfare of the population of the Reserve.

14. Buildings and improvements

(1) Any buildings or improvements put up or made by the lessee shall be at his own risk and cost, and no compensation shall be claimable in respect of the same at the expiration or determination of the lease save as otherwise expressly provided in these Regulations or in the lease:

Provided that, within a period of three months after the termination of the lease by effluxion of time or otherwise, the lessee shall, unless the lease otherwise provides, have the right to remove or dispose of any buildings on the site, but such removal shall be effected without injury to the site.

(2) If the site be needed for public purposes, the lease may be cancelled on three months’ notice given at any time:

Provided that, in the event of such cancellation, the lessee shall be entitled to reasonable compensation for damages to improvements thereon, as may be mutually agreed upon or determined by arbitration.

MISSION SITES

15. Lease of mission sites

On the recommendation of the rural council concerned, the President, if he is satisfied that it will be in the interests of the inhabitants of the Reserve, may grant to any missionary society a permit to occupy temporarily a site not exceeding 40.47 hectares in a Reserve for the purposes of such mission, and may, on the completion of the occupation in conformity with the terms of such permit, grant a lease of such site for such purposes. The said lease shall be subject to the terms of these Regulations and such other terms and conditions as the President may require:

Provided that in special circumstances the President may grant permits and leases of sites exceeding 40.47 hectares but not exceeding 80.94 hectares.

[Am by GN 115 of 1945, 230 of 1951.]

16. Regulations 11, 13 and 14 to apply to mission sites

The provisions of regulations 11, 13 and 14 shall apply, mutatis mutandis and so far as applicable, to sites occupied under permits or leases in terms of regulation 15.

TIMBER CUTTING

17. Felling, etc., of forest produce

(1) For the purposes of this regulation, “forest produce” includes the following things when found in or brought from a Reserve, namely, trees, timber, branchwood, poles, bamboos, slabs, chips, sawdust, plants, grass, reeds, thatch, bedding, creepers, fibres, leaves, fruits, seeds, roots, bark resin, rubber, sap, charcoal and, generally, everything of a like nature growing or contained within the Reserve, but does not include cultivated crops nor finished articles manufactured or made up from forest produce.

(2) No person, unless he is a native occupant within a Reserve, shall fell, cut, take, work or remove any forest produce within a Reserve without the express permission in writing of the Assistant District Secretary.

(3) No person, unless he is a native occupant within a Reserve, shall employ any person to fell, cut, take, work or remove any forest produce within a Reserve without the express permission in writing of the Assistant District Secretary

(4) No native occupant nor any person in lawful occupation of land within a Reserve shall deliver or supply any forest produce of a Reserve to any person residing outside a Reserve without the express permission in writing of the Assistant District Secretary.

(5) The Assistant District Secretary may, in granting any permission required under this regulation, attach conditions thereto including the payment of royalties.

(6) No person shall knowingly buy or receive any forest produce obtained in contravention of this regulation. The burden of proof that forest produce was lawfully obtained in or removed from a Reserve shall be on the person purchasing or receiving the same.

HOTEL SITES

18. Lease of hotel sites

(1) The President may grant a lease of a site for an hotel or place of lodging on a public road leading through a Reserve for the accommodation of travellers on such conditions as he shall think fit:

Provided that—

(i) the sale or supply of intoxicating liquor of any kind shall not be permitted at such hotel or place of lodging;

(ii) no lease for such hotel or place of lodging shall be granted if any other hotel or place of lodging shall exist within 32.18 kilometres thereof.

(2) Any such lease shall be subject to the provisions of regulations 11, 13 and 14, mutatis mutandis and so far as applicable.

TOURIST CAMPS

19. Lease of tourist camp sites

(1) On the recommendation of the rural council concerned, the President may grant leases of land in any Reserve for use as tourist camps on such conditions as he shall think fit:

Provided that the hectarage of land granted for use as any one tourist camp by any such lease shall not exceed 4.047 hectares.

(2) Any such lease shall be subject to the provisions of regulations 11, 13 and 14, mutatis mutandis and so far as applicable.

[Am by GN 125 of 1960.]

CHARITABLE ORGANISATIONS

20. Lease for use of charitable organisations

(1) On the recommendation of the rural council concerned, the President may grant leases of land in any Reserve for the use of charitable organisations on such conditions as he shall think fit.

(2) Any such lease shall be subject to the provisions of regulations 11, 13 and 14, mutatis mutandis and so far as applicable.

[Am by GN 125 of 1960.]

EASEMENTS, WAYLEAVES AND LICENCES

21. Leases for easements, wayleaves, licences or access

(1) The President may on such conditions as he shall think fit grant leases of land in any Reserve for the purposes of easements, wayleaves, licences or access by railways, roads or otherwise to any premises or place whether or not such premises or place is situated on Reserves.

(2) Any such lease shall be subject to the provisions of regulations 11, 13 and 14, mutatis mutandis and so far as applicable.

[Am by GN 125 of 1960.]

LABOUR DEPOT SITES

22. Leases for labour rest camps, etc.

(1) The President may grant to approved labour agents lease of land not exceeding 4.047 hectares in extent in any Reserve for use as rest camps and recruiting depots for labourers for any term not exceeding five years. Such leases shall be in the form in the Schedule or as nearly approximating to the said form as circumstances permit.

(2) The President shall have power to add any special conditions to any lease.

[Am by GN 6 of 1931.]

GENERAL

23. Existing leases 12th October, 1928

Nothing in these Regulations shall be deemed to affect the lawful rights and interests of any persons in respect of any existing leases of trading, mission or school sites, acquired before the promulgation of these Regulations:

Provided that the President may, for any reason deemed sufficient by him, cancel any such lease in respect of any unexpired period and may, for the purpose of effecting such cancellation, exercise either the powers vested in him under these Regulations or those which he could have exercised under such lease before the promulgation of these Regulations.

24. Penalties

Any person contravening any of the provisions of these Regulations shall be liable, on conviction, for a first contravention to a fine not exceeding fifty kwacha or to imprisonment with or without hard labour for a period not exceeding three months, or to both such fine and such imprisonment, and, for a second or any subsequent contravention, to a fine not exceeding one hundred kwacha or to imprisonment with or without hard labour for a period not exceeding six months, or to both such fine and such imprisonment.

SCHEDULE

[Regulation 22]

THIS INDENTURE made the …………………….day of ……………………BETWEEN

President of Zambia (hereinafter called “the Lessor”) of the one part and …………………of ……………(hereinafter called “the Lessee”) of the other part;

WHEREAS the Lessee has applied to the Lessor for the lease of a certain piece of land hereinafter more fully described, situate within the ……………..Reserve in the Province of …………for the purpose of providing a rest camp and recruiting depot for labourers:

AND WHEREAS the Lessor is prepared to grant such application in pursuance of the provisions of the Reserves Regulations (hereinafter referred to as “the Regulations”):

NOW THIS INDENTURE WITNESSETH:

1. The Lessor hereby demises unto the Lessee all that piece of land in extent ………….acres more or less situate in the …………… Reserve in the …………….. Province which piece of land is more particularly delineated and described on the plan annexed to these presents and thereon edged ………….. TO HOLD to the Lessee from the ………. day of……….for the term of 5 (five) years but determinable as hereinafter mentioned paying therefor the yearly rent of K …………annually in advance with the option of renewal for 5 (five) years at the yearly rent of K ….. payable annually in advance and with similar option of renewal at the expiration of each period of 5 (five) years.

2. The Lessee for himself and his assigns and to the intent that the obligations may continue throughout the term hereby created hereby covenants with the Lessor as follows—

(1) To pay the reserved rent at the times and in the manner aforesaid.

(2) To pay all taxes rates assessments impositions and outgoings now or hereafter payable in respect of the demised land.

(3) To use the demised land for the purpose of providing a rest camp and recruiting depot for labourers and for purposes ancillary thereto and for no other purpose.

(4) To erect upon the said land and keep in proper repair suitable and sufficient premises for the said purpose together with suitable sanitary offices.

(5) Not to assign underlet or part with the possession of the demised land or any part thereof without first obtaining the written consent of the Lessor.

(6) To yield up the demised land with the buildings and fixtures thereon and additions thereto at the determination of the tenancy in good and tenantable repair and condition in accordance with the covenants hereinbefore contained.

(7) To permit the Lessor and his agents and servants and all persons authorised by him to enter upon the demised land at all reasonable times and view the state of repair of the premises and upon notice given by the Lessor to amend in accordance therewith.

(8) To permit the Lessor and his agents and servants and all persons authorised by him to enter upon the demised land at all times and inspect the method or methods of conducting the said rest camp and recruiting depot and upon notice given by the Lessor to amend in accordance therewith.

(9) To place the said recruiting depot under the direct supervision of an approved resident male person and any rest camp under the direct supervision of an approved resident male person.

3. The Lessor hereby covenants with the Lessee as follows—

(1) THAT the Lessee paying the rent hereby reserved and observing and performing the several covenants and stipulations herein on his part contained shall peaceably hold and enjoy the demised land during the said term without any interruption by the Lessor or any person rightly claiming under or in trust for the Lessor.

(2) THAT the Lessee shall have the right to graze the following stock on such ground to be agreed upon by the rural council and the District Secretary of the District in the vicinity of the land leased as the District Secretary after consultation with the rural council shall direct viz.:

……………….. head of small stock

……………….. head of large stock

at a grazing fee to be paid annually to the Lessor at the rate of …………… per head for small stock and …………. per head for large stock per mensem.

4. PROVIDED ALWAYS and it is hereby agreed as follows—

(1) The term hereby created shall be determinable at any time by either party giving to the other three calendar months’ previous notice in writing and upon the expiration of the said notice this demise shall determine accordingly but without prejudice to any right of action hereunder then accrued.

(2) If any of the Lessee’s covenants shall not be performed or observed it shall be lawful for the Lessor at any time thereafter to re-enter upon the demised land or any part thereof in the name of the whole and thereupon this demise shall cease and determine.

(3) This lease is granted subject to the conditions of the Regulations and any alterations amendments additions or substitutions thereto hereinafter made.

(4) This lease is granted upon the representation of the Lessee that the land delineated and described on the plan annexed to these presents is in fact available and the Lessor does not warrant either the position or extent of the land so delineated and described. In case the description is found to be incorrect the Lessee may be called upon by notice in writing to surrender to the Lessor the land hereby demised together with all buildings thereon without compensation to the Lessee to the intent that this lease thereupon cease and determine.

IN WITNESS WHEREOF …………………………………………………. President of Zambia has hereunto set his

hand and the Public Seal of the Republic and ………………………….. has hereunto set his hand and seal the day and year

first before written.

Signed Sealed with the Public Seal of the

Republic and Delivered by

…………………………………………………………

In the presence of

Witness ………………………………………..

Address ………………………………………..

Occupation ………………………………………..

Signed Sealed and Delivered by …………………………………….

In the presence of

Witness ………………………………………..

Address ………………………………………..

Occupation ………………………………………

I CERTIFY that the terms of this lease have been fully explained to the rural council of the area concerned, and that they are fully understood by it.

District Secretary

District ………………………..

Dated this …………… day of …………………………..

[Am by GN 6 of 1931.]

RESERVES FUND REGULATIONS

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Sources of the Fund

4. Accounts of the Fund

5. Administration of the Fund

6. Purposes

7. Investment of money

8. Annual statement of income and expenditure

G.N. 26 of 1930,

G.N. 94 of 1935,

G.N. 176 of 1937,

G.N. 497 of 1964.

[Regulations by the President under Articles 7 and 10 of the Zambia (State Lands and Reserves) Orders, 1928 to 1964]

1. Title

These Regulations may be cited as the Reserves Fund Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“Fund” means the Reserves Fund established in accordance with Article 10 of the Zambia (State Lands and Reserves) Orders, 1928 to 1964.

3. Sources of the Fund

Money received from the following sources shall be credited to the Fund:

(a) rents, fees or royalties paid to the Government in respect of land situate in Reserves;

(b) grazing fees in respect of Reserves;

(d) any other public money which the President directs shall be credited to the Fund.

4. Accounts of the Fund

The Accountant-General shall keep the accounts of the Fund, which shall be subject to audit by the Auditor-General. Separate accounts shall be kept of money received and paid out in respect of each separate Reserve.

[Am by GN 176 of 1937.]

5. Administration of the Fund

The Fund shall be administered by the Minister responsible for finance in consultation with the Minister responsible for local government, but subject to the directions of the President, for the benefit of the inhabitants occupying the Reserve in respect of which the money have been received.

[Am by GN 176 of 1937.]

6. Purposes

The Minister responsible for finance shall apply the money of the Fund to the following purposes in Reserves—

(a) the establishment, maintenance and endowment of schools for the education and industrial training of the inhabitants;

(b) the prevention of disease and improvement of sanitary conditions amongst the inhabitants, including the erection and maintenance of hospitals and dispensaries;

(d) the improvement and development of agriculture including the experimental introduction of new agricultural products for cultivation;

(e) the improvement of stock;

(f) the supply of water for domestic farming and irrigation purposes, including the making of wells and dams;

(g) generally, such other purposes for the direct benefit of the inhabitants as may be approved by the President but for no other purposes whatsoever.

[Am by GN 176 of 1937.]

7. Investment of money

Any money (whether consisting of capital or income) at any time in the hands of the Accountant-General and not immediately required for any of the purposes set forth in regulation 6 may be invested at the discretion of the Accountant-General.

[Am by GN 176 of 1937.]

8. Annual statement of income and expenditure

The Accountant-General shall as soon as possible after the 31st December in each year furnish to the President an annual statement of the income and expenditure of the Fund. The annual statement to be furnished next after the 31st December, 1935, shall cover the period from the 1st April, 1935, to the 31st December, 1935. Subsequent annual statements shall cover the successive periods from the 1st January to the 31st December inclusive of each year.

[Am by GN 94 of 1935.]

RESERVES (WESTERN TIMBER CONCESSION) REGULATIONS

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Grant of licences

4. Protected Forest Areas

5. Licence not assignable

6. Forest produce

7. Condition of licence, etc.

8. Exercise of licensee’s authority

9. Disposal of equipment, etc., on expiry of licence

10. Permit to occupy land

11. Penalties

12. Saving

SCHEDULE

GN 202 of 1953,

GN 497 of 1964.

[Regulations by the President under Article 7 of the Zambia (State Lands and Reserves) Orders, 1928 to 1964]

1. Title

These Regulations may be cited as the Reserves (Western Timber Concession) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“Concession Area” means the area of which the boundaries are set out in the Schedule;

“forest produce” includes trees, timber, branchwood, firewood, poles, bamboos, slabs, chips, sawdust, plants, grass, reeds, thatch, bedding, creepers, fibres, leaves, fruits, seeds, roots, bark, resin, rubber, sap, charcoal, honey, wax, fungi, galls, earth and such other things as the President may, by statutory notice, declare to be forest produce;

“licence” means a licence granted under regulation 3 and “licensee” means a person to whom such licence is granted.

3. Grant of licences

(1) The President may grant an exclusive licence authorising a person on payment of such fees as the President may prescribe to enter the Concession Area for the purposes of cutting and taking away forest produce from the areas declared to be Protected Forest Areas in accordance with regulation 4 and exercising such other rights as the licence may provide:

Provided that—

(i) the President may, during the period of such licence, permit the felling and removal of trees within the areas declared to be Protected Forest Areas in accordance with regulation 4 by the inhabitants of the Concession Area for their own use within such area, and by departments of the Government for their operations in the Concession Area;

(ii) such licence shall not prevent any person from exercising his rights under the Mines and Minerals Act;

(iii) the grant of a licence shall not prevent any inhabitant within the Concession Area from exercising any right which he would otherwise be entitled to exercise within such area.

(2) A licence may contain such conditions as the President may deem fit.

4. Protected Forest Areas

The President may declare a Protected Forest Area under the provisions of the Forests ActThe Forests Act is Cap. 199 in this Edition* within the Concession Area and may prohibit any acts within such Protected Forest Area which are prohibited by the provisions of section 4 of the Forests Act.

5. Licence not assignable

No licence or the rights conferred thereby shall be assigned by the licensee.

6. Forest produce

No forest produce derived from the operations of the licensee, other than the produce which the licensee is authorised to take in terms of the licence, shall become the property of the licensee.

7. Condition of licence, etc.

(1) Any licence issued under regulation 3(1) shall provide that the licensee shall observe all the provisions of the Forests Act in addition to any other provisions in such licence and such licence shall be declared to have been issued under the said Act.

(2) If the licensee fails to observe any provision of the Forests Act, or of any regulations made thereunder or fails to comply with the terms and conditions of his licence, in addition to any other penalty to which he may be liable, the President may revoke his licence.

8. Exercise of licensee’s authority

The licensee may do any of the acts authorised by his licence subject to the conditions set out therein:

Provided that where the licence authorises the licensee to—

(a) erect and operate timber depots, sawmills, store-rooms. workshops and garages;

(b) erect houses and communal buildings for his employees and servants;

the licensee shall first obtain the approval of the President for the performance of any such acts and such approval may only be given after consultation with the rural council concerned.

9. Disposal of equipment, etc., on expiry of licence

(1) Upon the termination or expiry of his licence, the licensee shall offer to the President a first option valid for a period not greater than six months to purchase plant, equipment, buildings, bridges, railways or water installations within the Concession Area.

(2) Within 12 months after the date upon which the President has opted to purchase or opted not to purchase or the period within which such option may be exercised has expired, the licensee shall remove all his plant, equipment, buildings and installations:

Provided that any roads, dams, boreholes or wells shall not be destroyed or removed but shall be deemed to form part of the land on which they are situated.

10. Permit to occupy land

Where the licensee desires to occupy any land within the Concession Area for the purpose of the licence, the President may, subject to the provisions of the Zambia (State Lands and Reserves) Orders, 1928 to 1964, grant special permission therefor.

11. Penalties

(1) Any person other than an indigenous inhabitant of the Concession Area who commits any act relating to the entry or user of land therein which is prohibited by the terms of any licence granted under regulation 3 shall be liable to a fine not exceeding two hundred kwachaUnder the Fees and Fines Act No. 13 of 1994, this converts to three thousand penalty units* or to imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment.

(2) Any employee of the licensee shall be liable to be removed from the Concession Area at any time by order of the President if the President considers it desirable in the interests of the indigenous inhabitants of the Concession Area.

12. Saving

The provisions of regulation 17 of the Reserves Regulations shall not apply to the Concession AreaUnder the Fees and Fines Act No. 13 of 1994, this converts to three thousand penalty units*.

SCHEDULE

[Regulation 2]

Starting at the confluence of the Luswishi River and the Muchema (or Mukema) River, the boundary follows the Muchema River upstream in an easterly and northerly direction to its confluence with the Luambowo (or Sowa) Stream; thence south-eastwards up the Luambowo Stream to its source; thence eastwards in a straight line to the source of the Chinemu Stream; thence down the Chinemu Stream to its confluence with the Lufwanyama River; thence down the Lufwanyama River in a southerly direction for a distance of approximately 28.962 kilometres to its confluence with the Katembula River; thence in a straight line in an easterly direction along the northern boundary of the Lamba-Lima Reserve No. X for a distance of approximately 22,860 metres to the Kafubu River; thence in a straight line on a true bearing of approximately 143 degrees for a distance of approximately 202,692 metres to the source of an unnamed tributary of the Kafubu River; thence down this unnamed stream in a south-easterly direction for a distance of approximately 8,839.2 metres to its junction with an unnamed tributary flowing northwards; thence up this unnamed stream in a south-westerly direction for a distance of approximately 3,048 metres to its source; thence in a straight line on a true bearing of approximately 260 degrees for a distance of approximately 3,291.84 metres to the confluence of the Lufwanyama River and an unnamed tributary near Beacon AC13; thence westwards and north-westwards up this unnamed stream to its source, thence north-westwards in a straight line for a distance of approximately 3,048 metres to the source of an unnamed tributary of the Funda River; thence south-westwards down this unnamed stream to its confluence with the Funda River; thence south-westwards down the Funda River to its confluence with the Luswishi River, thence in a general northerly direction up the Luswishi River for a distance of approximately 96.54 kilometres to its confluence with the Muchema (or Mukema) River, the point of starting.

The above-described area, in extent 299,599.41 hectares approximately, is shown on Plan No. F.R. 64, deposited in the office of the Surveyor-General and dated the 26th June, 1963.

RESERVES (APPLICATION OF LEGISLATION) REGULATIONS

Arrangement of Regulations

Regulation

1. Title

2. Application of Caps. 766 and 314

3. Application of Cap. 266

4. Application of Cap. 311 of the 1971 Edition of the Laws

5. Application of Cap. 106 of the 1962 Edition of the Laws

6. Application of Cap. 475 of the 1971 Edition of the Laws

7. Application of Cap. 312 of the 1971 Edition of the Laws

8. Application of Cap. 315

9. Application of Cap. 241 of the 1964 Edition of the Laws

GN 338 of 1963,

GN 97 of 1964.

[Article 6(4) of the Zambia (State Lands and Reserves) Orders, 1928 to 1964Article 6(4) of the ZambiaRegulations by the President under Paragraph (4) of Article 6 of the Zambia (State Lands and Reserves) Orders, 1928 to 1964, was revoked by section 2 of the Order of 1964*]

1. Title

These Regulations may be cited as the Reserves (Application of Legislation) Regulations.

2. Application of Caps. 766 and 314

The Roads and Road Traffic Act and the Fish Conservation Act shall apply to Reserves without modification.

3. Application of Cap. 266

The Natural and Historical Monuments and Relics Act shall apply to Reserves subject to the following exceptions and modifications:

(a) the provisions of paragraph (e) of sub-section (1) of section 7 and the provisions of section 11 of the said Act shall not apply in Reserves;

(b) the word “owner” as it appears in section 10 of the said Act shall in relation to any area of Reserves within the control of a rural council be deemed to mean such rural council.

4. Application of Cap. 311 of the 1971 Edition of the Laws

The Forests Act Editorial Note – Now the Forests Act is repealed and replaced by Forests Act, No. 4 of 2015.* shall apply to Reserves subject to the following modifications:

(a) before the Minister may exercise any of the powers conferred upon him by sections 3 and 5 of the said Act, the rural council having control within any such area of Reserves as is to be declared to be a Forest Reserve or Protected Forest Area shall be consulted;

(b) such proportion as the President may direct of revenue accruing under the provisions of the said Act in its application to Reserves shall be paid into the Trust Land Fund.

5. Application of Cap. 106 of the 1962 Edition of the Laws

The Game Act shall apply to Reserves subject to the following modifications:

Before the President may exercise his powers under section 3 of the said Act to declare any Reserve to be a national park or to alter the limits of any national park within Reserves, the rural council having control within such area as is to be included within the national park by such declaration or alteration shall be consulted.

6. Application of Cap. 475 of the 1971 Edition of the Laws

Part VIII of the Town and Country Planning ActEditorial Note – Now the Town and Country Planning Act is repealed by Urban and Regional Planning Act, No. 3 of 2015.* shall apply to Reserves subject to the following modifications—

Before any regional plan may be approved or modified in accordance with the provisions of sections 46 and 47 of the said Act, the rural council having control within any area of Reserve to which such regional plan relates shall be consulted.

7. Application of Cap. 312 of the 1971 Edition of the Laws

The Water ActEditorial Note – Now the Water Act is repealed and replaced by Water Resources Management Act, No. 21 of 2011.* shall apply to Reserves subject to the following modifications—

Before any application for a grant under the provisions of Part V of the said Act of any right to take water from Reserves or any right in or over Reserves may be approved, the rural council having control within the area to which such application relates shall be consulted.

8. Application of Cap. 315

The Natural Resources Act shall apply to Reserves subject to the following exceptions and modifications—

(a) the words “occupier”, “owner” and “tenant” wherever they occur in the said Act or in this regulation shall be deemed to include the following:

(i) any person to whom a grant or disposition of land has been made in terms of sub-article (1) of Article 6A of the Zambia (State Lands and Reserves) Orders, 1928 to 1964;

(ii) any person occupying land by special permission in terms of paragraph (a) of sub-article

(2) of Article 6 of the Zambia (State Lands and Reserves) Orders, 1928 to 1964;

(iii) any person occupying land in accordance with customary law;

(b) (i) before the Board may give any order in accordance with the provisions of sub-sections (1) and (2) of section eleven of the said Act it shall first consult the Resident Secretary for the Province in which any area of Reserve to which such order relates is situate;

(ii) the Resident Secretary shall thereupon consult the rural council having control within the said area and shall forward the views of such rural council together with his own views to the Board;

(iii) in the event of the rural council opposing the giving of an order, the Board shall either—

A. inform the Resident Secretary and the rural council that it does not intend to give such order; or

B. refer the matter to the President;

(iv) where on a reference made under the requirements of the preceding paragraph, the President is satisfied that the rural council has had a reasonable opportunity of expressing its views and that the giving of an order would be in the best interests of the occupiers of land within the geographical limits of control of the said rural council he may, on such terms as he shall think fit, direct the Board to give an order;

(v) the Board shall send any order relating to any area of Reserve to the Resident Secretary concerned who shall forward it to the rural council concerned who shall make such order known to the occupiers in the area to which the order relates in such manner as is customary in such area;

(vi) any occupier of land to which an order given by the Board in accordance with this regulation relates who contravenes or fails to comply with such order shall be guilty of an offence and may be tried before any subordinate Court or local Court within whose jurisdiction the said land is situated;

(vii) where the Minister is of the opinion that the provisions of an order issued in terms of section 11 of the said Act as modified by this regulation are not being complied with, he may cause to be carried out or completed any works which are necessary to give effect to the order and subject to the agreement of the Resident Secretary he may impose such conditions as to payments as he shall deem fit;

(viii) the provisions of sub-sections (5), (10) and (11) of section 11 of the said Act shall not apply to Reserves;

(d) before the President may consider any recommendation by the Board under the provisions of section 14 of the said Act relating to any area of Reserve, the rural council having control within the said area shall be consulted;

(e) no conservation committee or natural resources committee or natural resources sub-committee shall be constituted in accordance with the provisions of sections 16 or 20 of the said Act without the agreement of the rural council having control within any area of Reserve with reference to which any such committee or sub-committee is formed;

(f) neither Part IV nor Part V of the said Act shall be applied to any area of Reserve within the geographical limits of control of any rural council without the agreement of such rural council, provided that where a rural council withholds its agreement the Minister may refer the matter to the President; and the President may, if he thinks fit, authorise the Minister to apply Parts IV and V or either of such Parts without the agreement of the rural council;

(g) section 51 of the said Act shall not apply to Reserves.

9. Application of Cap. 241 of the 1964 Edition of the Laws

The Fauna Conservation Act shall apply to Reserves subject to the following modifications:

Before any Reserve may be declared to be a game reserve, private game area, game management area or controlled hunting area or the boundaries of any such reserve or area as is within such Reserve may be altered, the rural council having control within such Reserve as is to be included within the reserve or area by such declaration or alteration shall be consulted.

RESERVE GRANTS REGULATIONS

Arrangement of Regulations

Regulation

1. Title

2. Power to make grants of land in Reserves

3. Interest created by Reserve Grant

4. Restrictions on dealing with land in Reserve Grant

5. Invalidity of certain instruments

6. Transmission of Reserve Grant

7. Delegation of power

GN 258 of 1962,

GN 497 of 1964.

[Regulations by the President under Article 7 of the Zambia (State Lands and Reserves) Orders, 1928 to 1964]

1. Title

These Regulations may be cited as the Reserve Grants Regulations.

2. Power to make grants of land in Reserves

The President may make a grant, hereinafter called a Reserve Grant, of any land within a Reserve to any African recommended for that purpose in accordance with the provisions of a law enacted by the Parliament of Zambia.

3. Interest created by Reserve Grant

Subject to the other provisions of these Regulations, a Reserve Grant made to an African shall vest in such African an estate in fee simple in the land comprised in the Reserve Grant.

4. Restrictions on dealing with land in Reserve Grant

(1) A Reserve Grant made to an African shall not enable any dealing, without the prior consent of the President, with the land comprised in the Reserve Grant or any part thereof—

(a) whereby any interest in such land or part thereof is granted to any person who is not an African; or

(b) within five years of the commencement of the grant.

(2) A Reserve Grant made to an African shall not enable, without the prior consent of the President, any subdivision of the land comprised therein.

(3) Save as may be provided by a law enacted by the Parliament of Zambia, a Reserve Grant made to an African shall not enable any disposition by will of the land comprising the grant, or any part thereof or interest therein.

5. Invalidity of certain instruments

Any instrument purporting to deal with land within a Reserve contrary to any of the provisions of regulation 4 shall to the extent that it so purports be void.

6. Transmission of Reserve Grant

The transmission of land comprised in a Reserve Grant upon the death of the holder of such grant shall be as determined by a law enacted by the Parliament of Zambia.

7. Delegation of power

The President may delegate to any person the power to give consent for the purposes of regulation 4.

KAFUE NATIONAL PARK

GN 210 of 1961,

GN 497 of 1964.

Proclamation by the President under Section 5(1)(e) of the Zambia (Trust Land) Orders, 1947 to 1964

The area of Trust Land set out in the Schedule has been set, aside as a National Park.

SCHEDULE

Starting from Ndumdumwense Hill on the boundary of the Ila-Tonga Reserve, No. XXII, the boundary runs due west to a point on the eastern boundary of the Nkoya Reserve, No. XXIII; thence in a northerly and westerly direction to the point where the boundary of the Nkoya Reserve meets the boundary of the Western Province; thence in a northerly direction along the latter boundary to the source of the Lalafuta River; thence in a north by north-easterly direction to the source of the Kasompe Stream; thence down the Kasompe Stream to its confluence with the Lufupa River; thence in an easterly direction to the confluence of the Kabanga East and Ntemwa Streams; thence up the Kabanga East Stream to its source; thence in a south-easterly direction to the source of the Kayefu Stream; thence down the Kayefu Stream to its confluence with the Lunga River; thence in an easterly direction to the point where the Kasempa-Mumbwa motor road is intersected by the Lupemba Stream; thence southwards along this motor road to the Kafue River; thence up the Kafue River to a point therein on the prolongation north-westwards of the western boundary of Farm No. 3132; thence south-eastwards and eastwards along the western and southern boundaries of this farm through Beacons KY3, KY9, KY10, KY11, KY12, KY13, KY2 and KY14 to Beacon KY1 on the western boundary of Farm No. 156a “The Big Concession” (Remaining Extent), thence south-eastwards along this boundary for a distance of approximately 8.045 kilometres; thence southwards to a point on the Mumbwa-Kaoma road approximately 6.1142 kilometres east of the Nalusanga road bridge; thence in a westerly direction along the Mumbwa-Kaoma road to the Kafue River; thence down the Kafue River to its junction with the Musa River; thence up the Musa River to the crossing of the old Barotse-Namwala Cattle Cordon Road, thence along this road in a southerly direction to Cordon Post No. 3; thence in a straight line south-eastwards crossing the Nanzhila River approximately 8.045 kilometres south of the Nanzhila Mission to a point on the western boundary of the Ila-Tonga Reserve No. XXII, thence along this boundary in a southerly direction to the point of starting.

GAME RESERVES

GN 1 of 1962,

GN 497 of 1964.

Notice by the President under Section 5(1)(e) of the Zambia

(Trust Land) Orders, 1947 to 1964

The areas described in the Schedule, being within and part of Trust Land No. I, have been set aside as game reserves.

SCHEDULE

MUSHINGASHI GAME AREA: CHIEF MUJIMANZOVU

Starting at the confluence of the Lunga River and Ndesha Stream, the boundary follows this stream to its source; thence on a true bearing of approximately 91 degrees for a distance of approximately 1.7699 kilometres; thence on a true bearing of approximately 182 degrees for a distance of approximately 7.5623 kilometres to the source of the Selauke Stream, thence down this stream to its confluence with the Chipupushi Stream; thence down this stream to its confluence with the Mushingashi River, thence down this river to its confluence with the Lunga River; thence up this river to its confluence with the Ndesha Stream, the point of starting.

LUBANZHILA GAME AREA: CHIEF KAPIJIMPANGA

Starting at the confluence of the Milu and Lunga Rivers, the boundary follows the latter river upstream to its confluence with the Luanzhila River; thence up this river to its confluence with the Mpembela Stream, thence up this stream to its source; thence southwards along the watershed between the Mikilingi and Nkyingwe Rivers to the point nearest the easterly source of this latter river; thence to that source; thence down the Nkyingwe River to its confluence with the Kachingwana Stream; thence up this stream to its source; thence in a straight line in a south-easterly direction to the nearest point on the watershed between the Kachingwana Stream and the Musankazhi River, thence generally south-westwards along this watershed to the point thereon nearest to the source of the Milu River; thence to the source of this river; thence down this river to its confluence with the Lunga River, the point of starting.

JIWUNDU GAME AREA: CHIEF MUSELE

Starting at a point on the Zambia-Congo International Boundary on the watershed between the Kamikora and Jiwundu Rivers, the boundary follows this watershed southwards for a distance of approximately 23.8132 kilometres; thence on a true bearing of approximately 283 degrees for a distance of approximately 12.3893 kilometres to the point where the Kamaboka Stream enters the Jiwundu Swamp; thence up this stream to its source; thence to the nearest point on the watershed between the Ngoshe and Jiwundu Rivers; thence northwards along this watershed to the point where it meets the Zambia-Congo International Boundary; thence southwards, north-eastwards and south-eastwards along this international boundary to the point thereon on the watershed between the Kamikora and Jiwundu Rivers, the point of starting.

TRUST LAND GRANTS REGULATIONS

[Section 10]

Arrangement of Regulations

Regulation

1. Title

2. Power to make grants of land in Trust Land

3. Interest created by Trust Land Grant

4. Restrictions on dealing with land in Trust Land Grant

5. Invalidity of certain instruments

6. Transmission of Trust Land Grant

7. Delegation of power

GN 257 of 1962,

GN 497 of 1964.

[Regulations by the President under Section 10 of the Zambia (Trust Land) Orders, 1947 to 1964]

1. Title

These Regulations may be cited as the Trust Land Grants Regulations.

2. Power to make grants of land in Trust Land

The President may make a grant (hereinafter called a Trust Land Grant) of any land within Trust Land to any African recommended for that purpose in accordance with the provisions of a law enacted by the Parliament of Zambia.

3. Interest created by Trust Land Grant

Subject to the other provisions of these Regulations, a Trust Land Grant made to an African shall vest in such African an estate in fee simple in the land comprised in the Trust Land Grant.

4. Restrictions on dealing with land in Trust Land Grant

(1) A Trust Land Grant made to an African shall not enable any dealing, without the prior consent of the President, with the land comprised in the Trust Land Grant or any part thereof—

(a) whereby any interest in such land or part thereof is granted to any person who is not an African; or

(b) within five years of the commencement of the grant.

(2) A Trust Land Grant made to an African shall not enable, without the prior consent of the President, any subdivision of the land comprised therein.

(3) Save as may be provided by a law enacted by the Parliament of Zambia, a Trust Land Grant made to an African shall not enable any disposition by will of the land comprising the grant or any part thereof or interest therein.

5. Invalidity of certain instruments

Any instrument purporting to deal with Trust Land contrary to any of the provisions of regulation 4 shall to the extent that it so purports be void.

6. Transmission of Trust Land Grant

The transmission of land comprised in a Trust Land Grant upon the death of the holder of such grant shall be as determined by a law enacted by the Parliament of Zambia.

7. Delegation of power

The President may delegate to any person the power to give consent for the purposes of regulation 4.

TRUST LAND (APPLICATION OF LEGISLATION) REGULATIONS

[Section 10B]

Arrangement of Regulations

Regulation

1. Title

2. Application of Caps. 766 and 314 of the 1971 Edition of the Laws

3. Application of Cap. 266 of the 1971 Edition of the Laws

4. Application of Cap. 311 of the 1971 Edition of the Laws

5. Application of Cap. 106 of the 1962 Edition of the Laws

6. Application of Cap. 475 of the 1971 Edition of the Laws

7. Application of Cap. 312 of the 1971 Edition of the Laws

8. Application of Cap. 315 of the 1971 Edition of the Laws

9. Application of Cap. 241 of the 1964 Edition of Laws

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

GN 339 of 1963,

GN 497 of 1964.

[Section 10B of the Zambia (Trust Land) Orders, 1947 to 1964Regulations by the President under Section 10B of the Zambia (Trust Land) Orders, 1947 to 1964, was revoked by section 2 of the Order of 1964*]

1. Title

These Regulations may be cited as the Trust Land (Application of Legislation) Regulations.

2. Application of Caps. 766 and 314 of the 1971 Edition of the Laws

The Roads and Road Traffic Act and Fish Conservation Act shall apply to Trust Land without modification.

3. Application of Cap. 266 of the 1971 Edition of the Laws

The Natural and Historical Monuments and Relics Act shall apply to Trust Land subject to the following exceptions and modifications—

(a) the provisions of paragraph (e) of sub-section (1) of section 7 and the provisions of section 11 of the said Act shall not apply in Trust Land;

(b) the word “owner” as it appears in section 10 of the said Act shall in relation to any area of Trust Land within the control of a rural council be deemed to mean such rural council.

4. Application of Cap. 311 of the 1971 Edition of the Laws

The Forests ActEditorial Note – Now the Forests Act is repealed and replaced by Forests Act, No. 4 of 2015.* shall apply to Trust Land, subject to the following modifications:

(a) before the Minister may exercise any of the powers conferred upon him by sections 3 and 5 of the said Act, the rural council having control within any such area of Trust Land as is to be declared to be a Forest Reserve or Protected Forest Area shall be consulted;

(b) such proportion as the President may direct of revenue accruing under the provisions of the said Act in its application to Trust Land shall be paid into the Trust Land Fund.

5. Application of Cap. 106 of the 1962 Edition of the Laws

The Game Act shall apply to Trust Land subject to the following modifications—

Before the President may exercise his powers under section 3 of the said Act to declare any Trust Land to be a national park or to alter the limits of any national park within Trust Land, the rural council having control within such area as is to be included within the national park by such declaration or alteration shall be consulted.

6. Application of Cap. 475 of the 1971 Edition of the Laws

Part VIII of the Town and Country Planning Act shall apply to Trust Land subject to the following modifications—

Before any regional plan may be approved or modified in accordance with the provisions of sections 46 and 47 of the said Act, the rural council having control within any area of Trust Land to which such regional plan relates shall be consulted.

7. Application of Cap. 312 of the 1971 Edition of the Laws

The Water ActEditorial Note – Now the Water Act is repealed and replaced by Water Resources Management Act, No. 21 of 2011.* shall apply to Trust Land subject to the following modifications—

Before any application for a grant under the provisions of Part V of the said Act or any right to take water from Trust Land or any right in or over Trust Land may be approved, the rural council having control within the area to which such application relates shall be consulted.

8. Application of Cap. 315 of the 1971 Edition of the Laws

The Natural Resources Act shall apply to Trust Land subject to the following exceptions and modifications—

(a) the words “occupier”, “owner” and “tenant” wherever they occur in the said Act or in this regulation shall be deemed to include the following:

(i) any person to whom a grant or disposition of land has been made in terms of section 5(1)(a) of the Zambia (Trust Land) Orders, 1947 to 1964;

(ii) any person who holds a Right of Occupancy granted in terms of section 5(1)(b) of the said Orders;

(iii) any person occupying land in accordance with customary law;

(b) (i) before the Board may give any order in accordance with the provisions of sub-sections (1) and (2) of section 11 of the said Act, it shall first consult the Resident Secretary for the Province in which any area of Trust Land to which such order relates is situated;

(ii) the Resident Secretary shall thereupon consult the rural council having control within the said area and shall forward the views of such rural council together with his own views to the Board;

(iii) in the event of the rural council opposing the giving of an order, the Board shall either—

A. inform the Resident Secretary and the rural council that it does not intend to give such order; or

B. refer the matter to the President;

(v) the Board shall send any order relating to any area of Trust Land to the Resident Secretary concerned who shall forward it to the rural council concerned who shall make such order known to the occupiers in the area to which the order relates in such manner as is customary in such area;

(viii) the provisions of sub-sections (5), (10) and (11) of section 11 of the said Act shall not apply to Trust Land;

(d) before the President may consider any recommendation by the Board under the provisions of section 14 of the said Act relating to any area of Trust Land, the rural council having control within the said area shall be consulted;

(e) no conservation committee or natural resources committee or natural resources sub-committee shall be constituted in accordance with the provisions of sections 16 or 20 of the said Act without the agreement of the rural council having control within any area of Trust Land with reference to which any such committee or sub-committee is formed;

(f) neither Part IV nor Part V of the said Act shall be applied to any area of Trust Land within the geographical limits of control of any rural council without the agreement of such rural council, provided that where a rural council withholds its agreement the Minister may refer the matter to the President, and the President may, if he thinks fit, authorise the Minister to apply Parts IV and V or either of such Parts without the agreement of the rural council;

(g) section 51 of the said Act shall not apply to Trust Land.

9. Application of Cap. 241 of the 1964 Edition of Laws

The Fauna Conservation Act shall apply to Trust Land subject to the following modifications: Before any Trust Land may be declared to be a game reserve, private game area, game management area or controlled hunting area or the boundaries of any such reserve or area as is within Trust Land may be altered, the rural council having control within such Trust Land as is to be included within the reserve or area by such declaration or alteration shall be consulted.

DESIGNATION OF AREAS

Notices by the President under Section 6 of the Zambia

(Gwembe District) Orders, 1959 and 1964

GN 1985 of 1962.

The areas of land described in the Schedule are hereby designated for the purposes of section 6 of the Zambia (Gwembe District) Orders, 1959 and 1964.

FIRST SCHEDULE

1. Island No. 31 in Reserve No. XXI.

2. Island No. 32 in Reserve No. XXI.

3. Island No. 47 in Reserve No. XX.

4. Island No. 48 in Reserve No. XX.

5. Island No. 102 in Trust Land No. VII.

6. Gwena Peninsula in Trust Land No. VII.

All the above as shown in Plan No. SDT/352 deposited with the Surveyor-General on 14th April, 1962.

The areas of land described in the Schedule are hereby designated for the purposes of section 6 of the Zambia (Gwembe District) Orders, 1959 and 1964.

SECOND SCHEDULE

GN 15 of 1863.

SINAZONGWE

Starting at map reference 483 924 on an unnamed stream, the boundary proceeds on a grid bearing of 70 degrees approximately to the 1590 foot contour on the shore of Lake Kariba and continues in the same straight line for 91.44 metres; thence starting eastwards and continuing southwards, south-eastwards, westwards and finally northwards it follows a line parallel to and 91.44 metres offshore from the 1590 foot contour to the point where the aforesaid stream enters the lake; thence up this stream to the point of starting.

The above description is by reference to the 1/50,000 Federal Map No. 1727A4.

CHIPEPO

Starting at map reference 903 424, the boundary proceeds in a straight line on a grid bearing of 68 degrees approximately to the 1590 foot contour on the shore of Lake Kariba and continues in the same straight line for 91.44 metres; thence starting north-eastwards and continuing generally southwards and westwards, it follows a line parallel to and 91.44 metres offshore from the 1590 foot contour to a point due south of the starting point; thence due north to the latter.

The above description is by reference to the 1/50,000 Federal Map No. 1627D4.

The areas of land described in the Schedule are hereby designated for the purposes of section 6 of the Zambia (Gwembe District) Orders, 1959 and 1964.

GN 238 of 1964.

THIRD SCHEDULE

1. That area of land in the Tonga (Sigongo) Reserve, No. XIX, approximately 696.084 hectares in extent and 51.89025 kilometres in length on the route of the Kariba-Copperbelt power transmission line shown on map No. MISC. R.21 dated 5th April, 1960, and deposited in the office of the Surveyor-General extending 39.624 metres to the east and 94.488 metres to the west of the transmission line.

2. That area of land in the Trust Land No. VII approximately 226.632 hectares in extent and 16.95886 metres in length on the route of the Kariba-Copperbelt power transmission line shown on map No. MISC. R.21 dated 5th April, 1960, and deposited in the office of the Surveyor-General, extending 39.624 metres to the east and 94.488 metres to the west of the transmission line.

FISH CONTROL (KARIBA) REGULATIONS

[Section 8(1)]

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Restrictions on means of fishing

4. Temporary closure of water

5. Prohibition of obstruction of waters

6. Fishing for scientific purposes

7. Illegal apparatus, etc.

8. Penalty

GN 325 of 1960,

GN 73 of 1964,

GN 103 of 1964,

GN 497 of 1964.

[Regulations by the President, after consultation with the Gwembe Rural Council, under Section 8(1) of the Zambia (Gwembe District) Orders, 1959 and 1964]

1. Title

These Regulations may be cited as the Fish Control (Kariba) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“the area” means that area of the District which is inundated by reason of the construction of the Kariba Dam, and includes the waters of all rivers flowing into the lake so formed for a distance of 457.2 metres upstream from the point of entry of such rivers into such lake, together with the verges of such lake and of such part of such rivers respectively to a distance of 182.88 metres from the water mark as it may vary from time to time;

“authorised officer” in relation to any matter means a person duly authorised by the Minister to act in such matter;

“the District” means the Gwembe Administrative District;

“fish” means any vertebrate fish;

“fishing” includes any act directed at the taking, killing or injuring of any fish or the eggs thereof, and “to fish” with its grammatical variations shall be construed accordingly;

“gill net” means any net used for fishing which is customarily left drifting or stationary in the water;

“long-line” means a line bearing 4 or more fish hooks and set in or drawn through the water for the purpose of fishing;

“rod and line” means a rod and line used for fishing and furnished with not more than 3 fish hooks at any one time.

3. Restrictions on means of fishing

(1) Except as may be otherwise provided by these Regulations, any person who fishes, or who is found in circumstances showing that it is his intention to fish, within the area by any means other than—

(a) a gill net which complies with such measurements as the Minister may, from time to time by statutory notice, prescribe; or

(b) rod and line; or

(d) a spear;

shall be guilty of an offence.

(2) Nothing in this regulation contained shall be deemed—

(a) to prohibit the use of a gaff or a landing net to remove from the water any fish being lawfully taken on a line;

(b) to relieve any person from the necessity to take out any licence which may be required by the provisions of any other law;

(c) to prohibit fishing by means of a gill net by any person holding a licence mentioned in regulation 6 of the Fishing Industry (Kariba) Regulations.

[Am by GN 73 of 1964.]

4. Temporary closure of water

(1) The Minister or an authorised officer may, by statutory notice, at any time declare that such part of the area as may be specified in such notice shall be closed, either permanently or for such period as may be so specified, for fishing therein by any means whatsoever or by such means as may be so specified.

(2) Any person who fishes, or is found in circumstances showing that it is his intention to fish, in contravention of any notice issued under sub-regulation (1) shall be guilty of an offence.

[Am by GN 73 of 1964.]

5. Prohibition of obstruction of waters

Any person who, within the area, sets, shoots or works any net, or constructs any weir, in such a manner that such net or weir stretches across more than two-thirds of the width, measured from bank to bank, of any river, channel or lagoon shall be guilty of an offence.

6. Fishing for scientific purposes

(1) The Minister may, for the furtherance of any scientific purpose, give written permission to any person to fish within the area in such manner and at such time or times as may be specified in such permission, and, notwithstanding any other provision of these Regulations, the person to whom such permission is given shall be entitled to fish in compliance therewith.

(2) A permission given under sub-regulation (1) shall be subject to such conditions, if any, as the Minister may impose, and any person who contravenes or fails to comply with any such condition or any of the terms of such permission shall be guilty of an offence.

7. Illegal apparatus, etc.

(1) Any person who, within the area, possesses or uses for fishing any apparatus or other thing designed or adapted for the taking of fish otherwise than in accordance with the provisions of these Regulations shall be guilty of an offence.

(2) The Minister may, by statutory notice, declare that the provisions of sub-regulation (1) shall not, from such date as may be specified in such notice, apply to any apparatus or thing so specified, and may, at any time and in like manner, vary, suspend or revoke any such notice.

8. Penalty

Any person guilty of an offence under these Regulations shall be liable to a fine not exceeding two hundred kwacha or to imprisonment for a period not exceeding 12 months, or to both such fine and imprisonment.

TEMPORARY CLOSURE OF WATER

GN 398 of 1963.

Declaration by the Minister under Regulation 4(1) of the Fish Control (Kariba) Regulations

No person during the months of November, December and January in any year shall fish by means of any type of gill net in that part of the area enclosed within a boundary starting at the mouth of the Zambezi River on the west bank of Devil’s Gorge, thence in a north-easterly direction following the highwater mark on the west bank of the area to the northernmost point of the area opposite the Sebungwe narrows, thence to the thalweg of the narrows and down the thalweg to a point opposite the original starting point, and thence to the original starting point on the west bank of the area.

RESTRICTION ON MEANS OF FISHING

GN 71 of 1964

Declaration by the Minister under Regulation 4(1) of the Fish Control (Kariba) Regulations

No person shall fish at any time within any part of the area defined by regulation 2 of the Fish Control (Kariba) Regulations by the driving of fish into any type of net which method of fishing is known as “Kutumpula”.

FISHING INDUSTRY (KARIBA) REGULATIONS

[Section 8(2)]

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Gill net licences

4. Issues, etc., of licences

5. Licences not transferable

6. Reciprocity for Southern Rhodesia licences

7. Introduction of exotic fish

8. Records and statistics

9. Penalty

SCHEDULE

GN 326 of 1960,

GN 72 of 1964,

GN 103 of 1964,

GN 497 of 1964.

[Regulations by the President under Section 8(2) of the Zambia (Gwembe District) Orders, 1959 and 1964]

1. Title

These Regulations may be cited as the Fishing Industry (Kariba) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“the Control Regulations” means the Fish Control (Kariba) Regulations;

“the District” means the Gwembe Administrative District;

“fish” means any vertebrate fish;

“fishing” includes any act directed at the taking, killing, or injuring of any fish or the eggs thereof, and

“to fish” with its grammatical variations shall be construed accordingly;

“gill net” means any net used for fishing which is customarily left drifting or stationary in the water;

“licence” means any licence issued or recognised as valid under the provisions of these Regulations;

“licensing authority” means the District Secretary of, or any Assistant District Secretary stationed in, the District, and any official of the Gwembe Rural Council duly authorised by the said District Secretary in that behalf.

3. Gill net licences

(1) Notwithstanding the provisions of sub-regulation (2) of regulation 3 of the Control Regulations, any person who possesses or uses for fishing any gill net within the area except under the authority of a valid licence shall be guilty of an offence.

(2) The Minister may, in his discretion, exempt any person or persons from the provisions of sub-regulation (1).

4. Issues, etc., of licences

(1) Licences shall be in the form set out in the Schedule to these Regulations and, upon payment of a fee of one kwacha in respect of each 22.86 metres length or part of 14,287.5 metres length, of gill net authorised by such licence, may be issued by any licensing authority.

(2) Fees received in respect of licences shall be paid into the general revenues of the Republic.

(3) Every licence shall expire on the 31st December next following the date of issue thereof.

[Am by GN 72 of 1964.]

5. Licences not transferable

(1) Every licence issued under the provisions of these Regulations shall be personal to the person to whom it is issued and shall not be transferable.

(2) Any person who—

(a) makes any alteration or erasure in any licence; or

(b) allows any licence issued to him to be carried by any other person for the purpose of concealing any offence against these Regulations;

shall be guilty of an offence.

6. Reciprocity for Southern Rhodesia licences

(1) Where the Minister is satisfied that reciprocal provisions have been made by or under the legislation of Southern Rhodesia entitling the holders of licences issued under the provisions of these Regulations to fish in the waters of Lake Kariba in Southern Rhodesia he may, by statutory notice, declare that licences issued in Southern Rhodesia shall be deemed to be valid licences for the purposes of these Regulations and, notwithstanding the provisions of regulation 3 of the Control Regulations, so long as such licences are carried by the persons to whom they were issued, such persons may fish by means of a gill net within the area.

(2) The Minister may at any time vary, suspend or revoke any notice issued under sub-regulation (1).

7. Introduction of exotic fish

Any person who, without the written permission of the Minister, introduces into any water within the area any fish not natural to such water shall be guilty of an offence.

8. Records and statistics

(1) Any person duly authorised in that behalf by the Minister may, for the purpose of keeping records and statistics, demand the production, by any person who is in possession within the District of fish taken in the area, of such fish, and may measure and check such fish.

(2) Any person who, without reasonable excuse, fails to comply with any demand made under the provisions of sub-regulation (1), or who hinders or obstructs any person making such demand in the carrying out of his duties shall be guilty of an offence.

9. Penalty

SCHEDULE

[Regulation 4]

FISHING INDUSTRY (KARIBA) REGULATIONS

GILL NET LICENCE

Name …………………………….. ………………….. of …………………………………………………. village

Chief …………………………….. ……………………. District ……………………………………………………

is hereby authorised to possess and use ………………………………………………….. (number) gill nets within the area defined by regulation 2 of the Regulations.

FEE PAID K…………………….

Amount in words ……………………. kwacha

FEE Fee units

For each 22.86 metres length, or part of 22.86 metres length . . . . . . 15

………………………………………… Licensing Authority

NOTE.-This licence shall expire on the 31st December next following the date of issue thereof.

[Am by GN 72 of 1964.]

REPUBLIC OF ZAMBIA

RETIRING BENEFITS APPENDIX 10

ZAMBIA (COMPENSATION AND RETIRING BENEFITS) ORDER

AT THE COURT AT BUCKINGHAM PALACE, THE 15TH DAY OF OCTOBER, 1964

Present :

THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL

HER MAJESTY, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 189053 & 54 Vict. c. 37.82 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. Citation and commencement

(1) This Order may be cited as the Zambia (Compensation and Retiring Benefits) Order, 1964.

(2) This Order shall come into operation immediately before 24th October, 1964.

2. Interpretation

(1) In this Order—

(a) “Zambia” means the territories that immediately before 24th October, 1964 are comprised in the Protectorate of Northern Rhodesia and, in relation to any period prior to the commencement of this Order, that Protectorate;

(b) “the limited compensation scheme” means the scheme of retirement benefits for pensionable overseas officers who retire in the interests of localisation or are required to retire to facilitate the introduction of constitutional changes that was published by the Government of Northern Rhodesia on 6th January, 1964 and “the general compensation scheme” means the Scheme of retirement benefits for members of Her Majesty’s Overseas Civil Service and for officers designated under the Overseas Service (Northern Rhodesia) Agreement, 1961 that was published by the Government of Northern Rhodesia on 6th January, 1964.

(2) The Interpretation Act, 188952 & 53 Vict. c. 63.83 shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.

3. Application of Schedule

The provisions contained in the Schedule to this Order shall have effect in relation to the public service of Zambia.

4. Transitional provisions

(1) Where any officer or authority has before the commencement of this Order in pursuance of any provision of the limited compensation scheme or the general compensation scheme given any permission or consent or prescribed any condition or granted any benefit or made any payment or made any declaration or done any other thing for the purposes of that scheme, that permission, consent, condition, benefit, payment, declaration or other thing shall be deemed to have been given, prescribed, granted, made or done, as the case may be, under the corresponding provision of the Schedule to this Order, and the provisions of that Schedule shall have effect accordingly.

(2) Where any officer has before the commencement of this Order in pursuance of any provision in the limited compensation scheme or the general compensation scheme given any undertaking or given or received any notice or retired or received any benefit he shall, provided that any conditions prescribed or deemed to have been prescribed by or under the Schedule to this Order are satisfied, be deemed to have given that undertaking, to have given or received that notice, or to have retired, or to have been granted or received that benefit, as the case may be, under the corresponding provision in that Schedule, and the provisions of that Schedule shall have effect accordingly.

(3) Any officer who has, before the commencement of this Order, been required under the provisions of the general compensation scheme, to retire to facilitate the localisation of the public service of Northern Rhodesia shall, for the purposes of the Schedule to this Order, be deemed to have retired under section 16 of the Zambia Independence Order, 1964SI 1964/1652.84.

(4) The notice prescribed by the general compensation scheme to be given by officers who elect to retire from the public service shall be deemed to have been prescribed by the appropriate Service Commission under paragraph 4 of the Schedule to this Order; any declaration made by the Governor under the limited or general compensation scheme as to whether an officer has been or is required to retire in the circumstances described in paragraph 9 of that Schedule shall be deemed to have been made by the appropriate Service Commission under that paragraph; and any permission to retire given by the Governor under the limited compensation scheme in the circumstances described in paragraph 10 of that Schedule shall be deemed to have been given by the appropriate Service Commission under that paragraph.

(5) Any conditions or notices prescribed by the appropriate Service Commission for the purpose of paragraph 4 or paragraph 8 of the Schedule to this Order shall be not less favourable to any officer than any condition or notices prescribed by or for the purpose of the corresponding provision of the limited compensation scheme or the general compensation scheme, as the case may be.

(6) Any compensation, gratuity, disturbance grant or interest paid under the limited compensation scheme or the general compensation scheme in Northern Rhodesia before the commencement of this Order may, if the person entitled to the payment so requests, be transferred to any one of the countries to which reference is made in head (a), (c), (d) or (e) of paragraph 15 of the Schedule to this Order.

5. Modified application

If the Government of the United Kingdom and the Government of Zambia agree that, in their application to any officer, the foregoing provisions of this Order and the provisions of the Schedule thereto shall have effect subject to such modifications or exceptions as those Governments may agree, then those provisions shall have effect accordingly.

W. G. AGNEW

SCHEDULE

COMPENSATION AND RETIREMENT BENEFITS FOR CERTAIN OFFICERS

IN THE PUBLIC SERVICE OF ZAMBIA

1. (1) In this Schedule, unless the context otherwise requires—

“appropriate law” in relation to an officer in the public service means the law in force in Zambia that governs the grant of pensions, gratuities and other like benefits in respect of the service of that officer in the public service;

“appropriate Service Commission”—

(a) in relation to an officer who can be removed from his office by the Judicial Service Commission, means that Commission; and

(b) in any other case, means the Public Service Commission;

“entitled officer” means an overseas officer in the public service who on the operative date has not attained the age of 55 years or, in the case of a judge of the Court of Appeal or the High Court, 62 years and who—

(a) was before the operative date appointed or selected for appointment to an office in the public service being a pensionable office for the purposes of the appropriate law;

(b) was on the operative date the substantive holder of an office that was at that date a pensionable office for the purposes of the appropriate law;

(c) is a member of Her Majesty’s Overseas Civil Service or Her Majesty’s Overseas Judiciary, or a designated officer for the purposes of the Overseas Service (Northern Rhodesia) Agreement, 1961;

(d) has since the operative date been the substantive holder of an office service in which may during his tenure thereof be taken into account in computing his pension under the appropriate law; and

(e) has been confirmed in his appointment, where his appointment is subject to confirmation;

and includes an officer in the public service on and since the operative date to whom the provisions of the Overseas Superannuation Scheme (Consolidation) Regulations apply;

“General Orders” means the General Orders of the Government; “Government” means the Government of Zambia;

“operative date” means 1st May, 1964;

“Oversea Superannuation Scheme (Consolidation) Regulations” means any regulations so entitled made by a Secretary of State;

“overseas officer” means an officer who has not at any time accepted transfer to the Northern Rhodesia Civil Service (Local Conditions) whether or not that officer’s transfer to the said Northern Rhodesia Civil Service (Local Conditions) was subsequently cancelled unless such cancellation was made with the concurrence of Her Majesty’s Government;

“pensionable emoluments” means emoluments that may be taken into account in computing the pension of an officer under the appropriate law or the Oversea Superannuation Scheme (Consolidation) Regulations, as the case may be;

“pensionable service” means the aggregate amount of service that may be taken into account for the purpose of computing the pension of an officer under the appropriate law or the Oversea Superannuation Scheme (Consolidation) Regulations, as the case may be, and in the case of an officer to whom the Oversea Superannuation Scheme (Consolidation) Regulations apply includes service that could be taken into account for the purpose of computing pensions under the European Officers’ Pensions Ordinance of Zambia; Interpretation

“public service” means the public service of Zambia;

“substantive holder” in relation to any office includes a person serving in that office on probation but does not include a person (other than a person serving under a probationary agreement) serving in that office for a specified term under a contract.

(2) For the purposes of this Schedule—

(a) a person shall not be regarded as holding any office on the operative date if on that date he was on leave of absence pending his retirement otherwise than under this Schedule;

(b) a person whose office has been abolished and who retires in consequence of the abolition of his office shall be deemed to be the substantive holder of that office during the period between the date on which the office was abolished and the date of expiration of any leave of absence granted to him pending his retirement;

(i) under section 16 of the Zambia Independence Order, 1964;

(ii) to facilitate the introduction of constitutional changes;

(iii) in consequence of injury or ill health;

(iv) in consequence of the abolition of his office or for the purpose of facilitating improvements in the organisation of that part of the public service to which he belongs by which greater economy or efficiency may be effected; or

(v) on the grounds of age in accordance with the provisions of the appropriate law;

he shall be deemed to have been confirmed in his appointment immediately before the day upon which he was given notice requiring him to retire;

(d) subject to the provisions of head (a) of this sub-paragraph, an officer who satisfies the conditions specified in heads (a), (b), (c) and (e) of the definition of “entitled officer” in sub-paragraph (1) of this paragraph, and who has, before the date of the commencement of this Order, retired or died, shall be deemed to have become entitled to compensation under paragraph 2 or paragraph 9, as the case may be, of this Schedule and the provisions of this Schedule shall have effect in relation to such officer as if he were an entitled officer immediately before such retirement or death.

(3) For the purposes of calculating the compensation to which an officer is entitled under this Schedule, where the officer is seconded to the service of another government or authority on the date taken for calculation, he shall be deemed to have such annual pensionable emoluments on that date as he would have had on that date if he had not been so seconded but had continued until that date to hold the office in the public service that he was holding immediately before his secondment and had been granted all increments and other increases of salary for which he would thus have been eligible.

(4) An entitled officer who is required to retire and who, immediately before being so required acted for a period of six months to the satisfaction of the appropriate Service Commission in a pensionable office the pensionable emoluments of which were higher than those of the office of which he was the substantive holder, shall be deemed to have been confirmed in the pensionable office in which he was acting.

(5) Where an officer was on any date appointed or selected for appointment to an office in the public service upon transfer from pensionable employment under the Government of the United Kingdom in a public office as defined by the Superannuation Act, 189255 & 56 Vict. c. 40.85 and for any period thereafter was entitled to return to such pensionable employment he shall not for the purposes of this Schedule be regarded as having been on that date appointed or, as the case may be, selected for appointment as the substantive holder of an office in the public service but shall for those purposes be regarded as having been so appointed or selected on the date on which he ceases to be entitled to return to such pensionable employment if on that date he was holder of an office in the public service.

[Am by SI 168 of 1965.]

2. Entitlement to compensation

(1) Subject to the provisions of this Schedule, every entitled officer shall, at the commencement of this Order or, in the case of a person who becomes an entitled officer after that date, at the date on which he becomes an entitled officer, become entitled to compensation which shall be assessed in accordance with the provisions of this paragraph and at each assessment shall be calculated by multiplying the amount of his annual pensionable emoluments on the date taken for calculation by the appropriate factor and the resulting amount, or twelve thousand pounds, whichever is the less, shall be the amount to which he is entitled.

(2) The compensation of each entitled officer under this paragraph which has not already been provisionally assessed shall be provisionally assessed as soon as is reasonably practicable after the commencement of this Order or, in the case of a person who becomes an entitled officer after the commencement of this Order, as soon as is reasonably practicable after that person becomes an entitled officer and for that purpose the date to be taken for calculation shall be the operative date or, in the case of a person who becomes an entitled officer after the operative date, the date on which that person became an entitled officer.

(3) The compensation under this paragraph of each person who is serving as an entitled officer shall be provisionally reassessed upon each anniversary of the date in relation to which his compensation was assessed under sub-paragraph (2) of this paragraph and shall be finally assessed upon his retirement or death while still serving as an entitled officer and for the purposes of this sub-paragraph the date to be taken for calculation shall be such date (not being earlier than the date in relation to which his compensation was assessed under sub-paragraph (2) of this paragraph or later than the date upon which his compensation is provisionally reassessed or finally assessed, as the case may be) as is most advantageous in relation to the officer.

(4) In this paragraph “the appropriate factor” in relation to an officer means the factor obtained from Table I of the Annex to this Schedule (or, in the case of a judge of the Court of Appeal or the High Court, Table II of that Annex) that is appropriate to the age and pensionable service of that officer on the date taken for calculation reckoned in completed years and months or if it is more favourable to the officer, reckoned in completed years without regard to parts of a year.

3. Payment of compensation

(1) When the compensation of an entitled officer has been provisionally assessed under paragraph 2(2) of this Schedule, a payment shall be made to that officer, which—

(a) in the case of an entitled officer who has undertaken, otherwise than in relation to his promotion in the public service, to serve as such for any period (not being less than two years beginning on the operative date, or, if he was not an entitled officer on the operative date, on the date on which he became an entitled officer, exclusive of any period in which he is on leave of absence) shall be an amount equal to the amount of the compensation or two thousand pounds, whichever is the less;

(b) in any other case, shall be an amount equal to the amount of the compensation as so assessed or, if that amount exceeds one thousand pounds, then one-sixth of the amount of compensation or one thousand pounds, whichever is the greater:

Provided that if an entitled officer gives such an undertaking after a payment has been made to him under this sub-paragraph, but not later than 12 months after the date in relation to which his compensation was assessed under paragraph 2(2) of this Schedule, he shall be paid as soon as is reasonably practicable after the date on which he gave that undertaking and in any case within three months of that date, an amount which when added to the amount already paid to him equals the amount he would have been paid under this sub-paragraph if he had given that undertaking before any payment had been made to him under this sub-paragraph.

(2) Subject to the provisions of paragraph 13 of this Schedule, a further payment shall be made to every person who has become entitled to compensation under paragraph 2 of this Schedule and who has not already received the whole of that compensation (whether that person is serving as an entitled officer or has retired) upon each anniversary of the date in relation to which his compensation was assessed under sub-paragraph (2) of that paragraph, which—

(a) in the case of a payment made upon the first, second, third or fourth anniversary, shall be an amount equal to the appropriate fraction of the balance of compensation then outstanding; and

(b) in the case of a payment made upon the fifth or any later anniversary, shall be an amount equal to the balance of compensation then outstanding:

Provided that—

(i) where the balance of compensation outstanding upon the first, second, third or fourth anniversary exceeds five hundred pounds and, in the case of an officer to whom sub-paragraph (1) (a) of this paragraph applies, where that balance, if added to the amount of compensation already paid under this paragraph, would exceed two thousand pounds, an amount equal to the appropriate fraction of that balance or four hundred pounds, whichever is the greater, shall be paid;

(ii) where the balance so outstanding is less than five hundred pounds, or, in the case of an officer to whom sub-paragraph (1) (a) of this paragraph applies, where that balance exceeds five hundred pounds but would not, if added to the amount of compensation already paid under this paragraph, exceed two thousand pounds, an amount equal to that balance shall be paid.

(3) In this section “the appropriate fraction”—

(a) in relation to an assessment made upon the first anniversary, means one-fifth;

(b) in relation to an assessment made upon the second anniversary, means one-quarter;

(d) in relation to an assessment made upon the fourth anniversary, means one -half.

4 Retirement

(1) Subject to the provisions of this paragraph, an entitled officer may, after giving such notice as may be prescribed by the appropriate Service Commission, retire at any time.

(2) An entitled officer who has given notice of his intention to retire under this paragraph on any date may, with the consent of the appropriate Service Commission, withdraw the notice at any time before that date.

(3) No entitled officer shall retire under this paragraph without the permission of the appropriate Service Commission:

Provided that the Commission shall not withhold permission unless disciplinary proceedings are being taken, or are about to be taken, against the officer and those proceedings might lead to his dismissal.

(4) An entitled officer—

(a) who is permitted to retire by reason of injury or ill health;

(b) who is required to retire on or after his attainment of any age prescribed by law;

(c) who is required to retire in consequence of the abolition of his office or for the purpose of facilitating improvements in the organisation of the part of the public service to which he belongs by which greater economy or efficiency may be effected;

(d) who is required to retire in the public interest;

(e) who is required to retire under section 16 of the Zambia Independence Order, 1964; or

(f) in the case of a woman officer, who is required to retire upon her marriage;

shall be deemed to have retired under this paragraph.

(5) In the case of an entitled officer who retires under sub-paragraph (1) of this paragraph and—

(a) who is on leave of absence after completing a tour of residential service—

(i) if he returns to Zambia for further duty at the requirement of the Government he shall be provided with such passages for himself and his family and such baggage facilities as an officer of similar status is entitled to under General Orders when returning to Zambia for a tour of duty, and when retiring from the public service having attained the age of 55 years and having completed a final tour of residential service;

(ii) if he returns to Zambia to settle his affairs and on his return completes a tour of residential service of not less than 12 months, he will be paid the cost of the passages for himself and his family and of transporting his baggage to Zambia (but not exceeding the cost of such passages and baggage facilities as an officer of similar status is entitled to under General Orders when returning to Zambia for a tour of duty) and provided with such passages for himself and his family and such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of 55 years and having completed a final tour of residential service;

(iii) if he does not return to Zambia, he shall be provided with such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of 55 years and having completed a final tour of residential service;

(b) who retires in any other circumstances, he shall be provided with such passages and baggage facilities for himself and his family as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of 55 years and having completed a final tour of residential service.

(6) In the case of the retirement of an entitled officer who is required to retire in the circumstances described in sub-paragraph (4)(c) or (e) of this paragraph (except in the case of an officer to whom paragraph 16 of this Schedule applies) and—

(a) who is on leave of absence after completing a tour of residential service—

(i) he shall, if the period of leave on full pensionable emoluments for which he is eligible on the date upon which he is given notice under that section requiring him to retire is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave of absence from that date up to six months;

(ii) he shall (if he returns to Zambia to settle his affairs) be provided with a passage to Zambia for his own use as if he were returning to Zambia for a further tour of residential service and such passage and such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of 55 years and having completed a final tour of residential service; and

(iii) in the case of the retirement of an entitled officer who is required to retire in circumstances described in sub-paragraph (4)(e) of this paragraph and who returns to Zambia to settle his affairs, he shall be paid a subsistence allowance at the rate prescribed by General Orders for the period (but not exceeding 21 days) of his stay in Zambia;

(b) who retires in any other circumstances—

(i) he shall not be required to depart from Zambia on leave of absence pending his retirement until the expiration of a period of six months from the date upon which he was given notice requiring him to retire;

(ii) he shall be provided with such passages and baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of 55 years and having completed a final tour of residential service;

(iii) he shall, if the period of leave on full pensionable emoluments for which he is eligible is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave of absence pending his retirement up to six months.

5. Special gratuity on the death of certain officers

(1) Where an entitled officer dies and it is lawful under the provisions of the appropriate law for a gratuity to be granted to his personal representatives, there shall be granted to his personal representatives either that gratuity or a gratuity equal to the maximum gratuity that could have been granted to that officer under the provisions of paragraph 11 of this Schedule if he had retired under this Schedule at the date of his death, whichever is the greater:

Provided that, in the case of an officer to whom Part II of the European Officers’ Pensions Regulations of Zambia applied, in respect of that proportion of the pensions for which he would have been eligible, if he had retired under this Schedule at the date of his death and which is attributable to his pensionable service otherwise than in the public service, the provisions of paragraph 11(1)(c) of this Schedule shall not apply and the permitted fraction referred to in that paragraph shall not be less than three-quarters.

(2) For the purposes of the proviso to sub-paragraph (1) of this paragraph the proportion of a pension which is attributable to the pensionable service of an officer otherwise than in Zambia shall be that proportion of the pension for which the officer would have been eligible if his pensionable service had been wholly in Zambia as the aggregate amount of his pensionable emoluments during his pensionable service otherwise than in Zambia bears to the aggregate amount of his pensionable emoluments throughout his pensionable service.

(3) Where an entitled officer to whom the Oversea Superannuation Scheme (Consolidation) Regulations apply dies and a gratuity is payable to his personal representatives under those Regulations, there shall be granted to his personal representatives a gratuity equal to the amount produced by subtracting the amount of the gratuity payable under those Regulations from the amount of the maximum gratuity which could have been granted to that officer under paragraph 11 of this Schedule if that paragraph and the European Officers’ Pensions Ordinance of Zambia had applied to him and he had retired under this Schedule at the date of his death.

(4) The Permanent Secretary, Ministry of Finance, may direct that instead of being paid to the personal representatives, any gratuity payable under this paragraph shall be paid to one of the dependants of the deceased or to two or more of those dependants in such proportions as the Permanent Secretary may think fit.

6. Officers re-appointed to United Kingdom service

(1) This paragraph applies to an entitled officer or an officer to whom paragraph 9 or 10 of this Schedule applies, who has retired under this Schedule and—

(a) who was transferred to the public service from pensionable employment under the Government of the United Kingdom either in a public office as defined by the Superannuation Act, 1892 or in employment pensionable under the Federated Superannuation System for Universities; and

(b) who not later than 12 months after he retired has (other than as the result of a competition conducted by the Civil Service Commissioners of the United Kingdom) returned to such pensionable employment.

(2) A person to whom this paragraph applies shall cease to be entitled to compensation under paragraph 2 or paragraph 9 or paragraph 10 of this Schedule, as the case may be, but shall be entitled to compensation of an amount equal to—

(a) one-half of the amount he would receive if he were entitled to compensation under paragraph 2 of this Schedule; or

(b) the amount he would receive if he were entitled to compensation under paragraph 7 of this Schedule, having been transferred to the pensionable employment referred to in sub-paragraph (1)(b) of this paragraph on the date on which he retired;

whichever is the less.

(3) If the provisions of this paragraph become applicable to any person, his compensation shall forthwith be reassessed, and—

(a) if the amount of compensation as so reassessed exceeds the amount he has already received under this Schedule, the balance of compensation then outstanding shall be paid, together with any unpaid interest that has accrued under this Schedule before the reassessment, in the manner prescribed by paragraph 3 of this Schedule for the payment of compensation assessed under paragraph 2 of this Schedule; or

(b) if the amount of compensation he has already received under this Schedule exceeds the amount of compensation to which he is entitled under this paragraph, the excess shall forthwith become repayable, but in any such case any interest received on account of such excess shall not be repayable.

7. Transfer to other public service

(1) This paragraph applies to an entitled officer and to an officer to whom paragraph 10 of this Schedule applies who is transferred from the public service—

(a) to the service of a government or authority that is a Scheduled Government for the purposes of Part II of the European Officers’ Pensions Regulations of Zambia in circumstances in which he remains eligible for the grant of a pension under the appropriate law or the Oversea Superannuation Scheme (Consolidation) Regulations, as the case may be, upon his eventual retirement; or

(b) to service in the office of Governor in such circumstances that he is or may become eligible for a pension under the Governors’ Pensions Act, 19575 & 6 Eliz. 2. c. 62.86;

Provided that—

(a) it does not apply to an officer to whom paragraph 6 of this Schedule applies;

(b) it applies to any officer—

(i) who but for the provisions of paragraph 1(5) of this Schedule, would be an entitled officer; and

(ii) who in the opinion of the appropriate Service Commission, would have had a reasonable prospect of becoming an entitled officer if no constitutional changes had been introduced; and

(iii) who unless prevented by circumstances beyond his control, serves for a period of not less than two years’ residential service beginning on the operative date; and

(iv) who returns to pensionable employment under the Government of the United Kingdom in a public office as defined in the Superannuation Act, 1892;

as if he were an entitled officer.

(2) An officer to whom this paragraph applies shall cease to be entitled to compensation under paragraph 2 or 10 of this Schedule, as the case may be, but if the amount of his annual pensionable emoluments immediately before his transfer exceeds the amount of the annual emoluments payable to him immediately after his transfer (being emoluments that may be taken into account for the purposes of his pension under the law or regulations relating to his service in that other public service) he shall be entitled to compensation equal to—

(a) the amount of the excess multiplied by the appropriate factor; or

(b) the amount he would receive if he were entitled to compensation under paragraph 2 of this Schedule, having retired on the date of his transfer;

whichever is the less.

(3) If the provisions of this paragraph become applicable to any person, his compensation shall forthwith be reassessed, and—

(a) if the amount of compensation as so reassessed exceeds the amount he has already received under this Schedule, the balance of compensation then outstanding shall be paid, together with any unpaid interest that has accrued under that paragraph before the reassessment, in the manner prescribed by paragraph 3 of this Schedule for the payment of compensation assessed under paragraph 2 of this Schedule; or

(b) if the amount of compensation which has already been received under that paragraph exceeds the amount of compensation to which he is entitled under this paragraph, the excess shall forthwith become repayable, but in any such case any interest received on account of such excess shall not be repayable.

(4) In this paragraph “the appropriate factor” in relation to an officer means the factor obtained from Table III of the Annex to this Schedule that is appropriate to the age of the officer at the date of his transfer reckoned in completed years and completed months.

[Am by SI 168 of 1965.]

8. Penalties for breach of undertakings

(1) If an entitled officer who has given an undertaking for the purposes of paragraph 3(1)(a) of this Schedule ceases to serve in accordance with the terms of that undertaking at any time before the end of the period to which the undertaking relates otherwise than with the consent of the Government or by reason of his death, his retirement in circumstances beyond his control or his transfer to other public service in the circumstances described in paragraph 7 of this Schedule, then the amount of compensation to which he would otherwise be entitled under paragraph 2 of this Schedule shall be reduced by an amount equal to one-half per centum for each month or part of a month during that period in which he has not served in accordance with the undertaking, or two hundred pounds, whichever is the less.

(2) If an entitled officer has been granted promotion in the public service after the operative date upon his giving an undertaking to serve upon such conditions as may be prescribed by the appropriate Service Commission for any period ceases to serve in accordance with the terms of that undertaking at any time before the end of the period to which the undertaking relates otherwise than with the consent of the Government or by reason of his death or his retirement in circumstances beyond his control, then the amount of compensation to which he is entitled under paragraph 2 of this Schedule shall be reassessed and the amount of his compensation shall be determined as if his annual pensionable emoluments in relation to the date of his promotion or any subsequent date were the amount of the pensionable emoluments which would have been used in accordance with regulation 9 of the European Officers’ Pensions Regulations of Zambia for the purpose of pension as if he had retired on that date, and in the case of a judge of the Court of Appeal or the High Court promoted to that office after the commencement of this Order on the basis that the appropriate factor is that obtained from Table I of the Annex to this Schedule.

(3) If any of the provisions of this paragraph become applicable to any entitled officer, his compensation shall be reassessed accordingly and paid in accordance with paragraph 3 of this Schedule and if the amount of compensation he has already received under that paragraph exceeds the amount of compensation to which he is entitled under the reassessment the excess shall forthwith become repayable.

9. Retirement to facilitate constitutional changes

(1) This paragraph applies—

(a) to any officer in the public service who has been declared by the appropriate Service Commission to be an officer required before the operative date to retire to facilitate the reconstruction of the Government; and

(b) to any entitled officer who is declared by the appropriate Service Commission to be an officer required to relinquish the duties of his office and thereafter to retire in order to facilitate the introduction of constitutional changes.

(2) An officer to whom this paragraph applies shall retire at the expiration of the period of leave of absence for which he is eligible:

Provided that if the period of leave of absence on full pensionable emoluments for which he is eligible is less than six months he shall be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave of absence up to six months and shall retire at the expiration of that additional leave of absence.

(3) (a) An officer to whom sub-paragraph (1)(a) of this paragraph applies shall not be entitled to compensation under paragraph 2 of this Schedule but shall (except in the case of an officer to whom paragraph 16 of this Schedule applies) be entitled to and shall as soon as reasonably practicable be paid compensation equal to the amount he would be entitled to if he were entitled to compensation under that paragraph; and

(b) the compensation of an entitled officer to whom sub-paragraph (1)(b) of this paragraph applies and to whom paragraph 16 of this Schedule does not apply shall as soon as reasonably practicable be finally assessed and paid to him:

Provided that for the purposes of calculating the compensation to which an officer to whom this paragraph applies is entitled, the date to be taken for calculation shall be such date (not being earlier than the operative date or, in the case of an officer who was, before the operative date, notified that he would be required to retire, the date on which he was so notified or later than the date of the expiration of his leave of absence pending retirement) as is most advantageous to the officer.

(4) An officer to whom this paragraph applies shall as soon as reasonably practicable be paid a disturbance grant equal to one-quarter of his annual pensionable emoluments at his retirement.

(5) An officer to whom this paragraph applies shall be provided with such passages and baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of 55 years and having completed a final tour of residential service.

(6) The provisions of paragraphs 5, 11, 12, 15 and 16 of this Schedule shall apply to an officer to whom sub-paragraph (1)(a) of this paragraph applies as if that officer were an entitled officer.

10. Voluntary retirement on permission given before operative date

(1) This paragraph shall apply to an officer in the public service who has before the operative date been given permission to retire from that public service by the appropriate Service Commission on the ground that his retirement will enable a qualified local candidate to be appointed to an office in that public service, or that that officer has been superseded for promotion by a local officer in pursuance of the policy of the Government of giving preference to local officers in respect of promotion.

(2) An officer to whom this paragraph applies shall not be entitled to compensation under paragraph 2 of this Schedule but shall (except in the case of an officer to whom paragraph 16 of this Schedule applies), on the date upon which he was given permission to retire by the appropriate Service Commission, be entitled to compensation calculated by multiplying the amount of his annual pensionable emoluments on the date to be taken for calculation by the appropriate factor and the resulting amount or twelve thousand pounds whichever is the less, shall be the amount to which he is entitled.

(3) For the purposes of this paragraph the date to be taken for calculation shall be such date (not being earlier than the date upon which the officer was given permission to retire by the appropriate Service Commission or later than the date of the expiration of his leave of absence pending retirement) as is most advantageous to the officer.

(4) Subject to the provisions of paragraph 13 of this Schedule, the compensation to which an officer to whom this paragraph applies becomes entitled under this paragraph shall be paid to him in the manner following, that is to say—

(a) a payment to be made at least three months before the date upon which such officer departs from Zambia on leave of absence pending retirement, which payment shall be an amount equal to the amount of compensation to which the officer is entitled or if that amount exceeds one thousand pounds then one-sixth of the amount of that compensation or one thousand pounds, whichever is the greater;

(b) a second payment to be made to every such officer who has not already received the whole of that compensation, at the expiration of six months from the date upon which his leave of absence pending retirement commenced, and further payments on the first, second, third and fourth anniversaries of the date upon which the second payment was made, which—

(i) in the case of the second payment and the payment made on the first, second or third anniversary, shall be an amount equal to the appropriate fraction of the balance of compensation then outstanding; and

(ii) in the case of the payment made on the fourth anniversary, shall be equal to the balance of compensation then outstanding:

Provided that—

(a) where the balance of compensation outstanding at the date when the second payment is due to be made or upon the first, second or third anniversary of that date exceeds five hundred pounds an amount equal to the appropriate fraction of that balance or four hundred pounds, whichever is the greater, shall be paid; and

(b) where the balance so outstanding is less than five hundred pounds an amount equal to that balance shall be paid.

(5) In this paragraph—

(a) “the appropriate factor” has the same meaning as in paragraph 2 of this Schedule;

(b) “the appropriate fraction”—

(i) in relation to the second payment means one-fifth;

(ii) in relation to the first anniversary means one-quarter;

(iii) in relation to the second anniversary means one-third; and

(iv) in relation to the third anniversary means one-half.

(6) Subject to the provisions of paragraph 13 of this Schedule, if an officer to whom this paragraph applies does not retire from the public service in accordance with the permission given to him by the appropriate Service Commission he shall cease to be entitled to compensation under this paragraph and any compensation that may have been paid to him under the provisions of sub-paragraph (4) of this paragraph shall be repaid by him to the Government.

(7) The provisions of paragraphs 4(6)(a)(ii), 5, 11, 12, 13, 15 and 16 of this Schedule shall apply in relation to an officer to whom this paragraph applies as if that officer were an entitled officer.

11. Grant of pensions and gratuities

(1) Subject to the provisions of paragraphs 16 and 17 of this Schedule, an entitled officer, on his retirement under this Schedule, may be granted at his option (such option to be exercised in accordance with the provisions of regulation 16 of the European Officers’ Pensions Regulations of Zambia) either—

(a) a pension of such amount as may be granted under the appropriate law;

(b) a reduced pension equal to such fraction as he may desire of the pension that may be granted under the appropriate law (not being, in the case of an officer who retires within 12 years of the operative date, less than the permitted fraction) together with a gratuity equal to the annual amount of the remaining fraction of that pension multiplied by the appropriate factor; or

(c) in the case of an officer who retires not less than 12 years after the operative date, a gratuity equal to the annual amount of the pension that may be granted under the appropriate law multiplied by the appropriate factor.

(2) For the purposes of this paragraph an officer shall be deemed to be eligible for the grant of a pension under the appropriate law—

(a) notwithstanding that he may have retired before attaining the age specified in the appropriate law as qualifying him for the grant of a pension; and

(b) notwithstanding that he may not have completed at the date of his retirement the period of qualifying service required by the appropriate law to render him eligible for the grant of a pension.

(3) Where an officer retires by reason of injury or ill health in circumstances in which he could under the appropriate law be granted an additional pension the provisions of this paragraph shall have effect in relation to that officer as if references to the pension that may be granted under the appropriate law included references to that additional pension.

(4) Where an officer to whom this paragraph applies retires in consequence of the abolition of his office or for the purpose of facilitating improvements in the organisation of the part of the public service to which he belongs by which greater economy or efficiency may be effected in circumstances in which he could under the appropriate law be granted an additional pension, the provisions of this paragraph shall have effect in relation to that officer as if references to the pension that may be granted under the appropriate law did not include references to that additional pension.

(5) For the purposes of this paragraph the amount of the pension or gratuity that an officer who is required to retire in the circumstances described in paragraph 4(4)(c) or (e) or paragraph 9 of this Schedule or on the grounds of age before attaining the age of 55 years or in the case of a judge of the Court of Appeal or the High Court, 62 years may be granted under the appropriate law shall be calculated by reference to the full annual pensionable emoluments enjoyed by him on the date immediately prior to his retirement.

(6) If an officer has not exercised the option conferred upon him by sub-paragraph (1) of this paragraph within the period in which it is required to be exercised he shall be deemed to have opted for the grant of a pension of such amount as may be granted under the appropriate law.

(7) In this paragraph—

“the appropriate factor” in relation to an officer means the factor obtained from Table IV of the Annex to this Schedule that is appropriate to the age of that officer on the date immediately prior to his retirement reckoned in completed years and completed months;

“the permitted fraction”—

(a) in relation to an officer who retires within one year of the operative date, means three-quarters;

(b) in relation to an additional pension granted on account of injury under regulation 13(1) of the European Officers’ Pensions Regulations of Zambia, means three-quarters; and

(c) subject to head (b) of this definition, in relation to an officer who retires within not less than one and not more than twelve years of the operative date, means such fraction as is obtained by subtracting one-sixteenth for each complete year of his pensionable service after the operative date from three-quarters:

Provided that in reckoning for the purposes of this sub-paragraph the years of pensionable service of an officer who is granted leave of absence pending his retirement, leave of absence granted in respect of service prior to the operative date the enjoyment of which had on the operative date been deferred shall not be taken into account.

[Am by SI 168 of 1965.]

12. Special gratuity for certain officers

(1) Subject to the provisions of paragraphs 16 and 17 of this Schedule, where any entitled officer to whom Part II of the European Officers’ Pensions Regulations of Zambia applies retires under this Schedule and is granted by any government or other authority that is a Scheduled Government for the purposes of that Part both a pension and a gratuity, having elected to receive that pension and that gratuity in lieu of a pension of greater amount, he may be granted (in addition to any gratuity that may be granted to him under paragraph 11 of this Schedule) a gratuity equal to the amount (if any) by which the amount produced by—

(i) subtracting the annual amount of the pension granted to him by the Scheduled Government from the annual amount of the pension that would have been granted to him by that Government had he not elected to receive the gratuity granted to him by the Scheduled Government; and

(ii) multiplying the resulting amount by the appropriate factor;

exceeds the amount of the gratuity granted to him by the Scheduled Government.

(2) Subject to the provisions of paragraphs 16 and 17 of this Schedule, where an entitled officer to whom the provisions of the Oversea Superannuation Scheme (Consolidation) Regulations apply retires under this Schedule and is granted under those Regulations a pension and a lump sum—

(a) he may be granted a gratuity equal to the amount produced by subtracting that lump sum from the sum arrived at by multiplying by the appropriate factor one-quarter of the annual amount of the pension he would have received if his pension had been calculated under the European Officers’ Pensions Ordinance of Zambia; and

(b) he may be granted (in addition to any gratuity that may be granted to him under head (a) of this sub-paragraph) at his option—

(i) on assigning to the Government a part of the annual amount of the pension granted to him under those Regulations (not being in the case of an officer who retires within 12 years of the operative date, more than the permitted fraction); or

(ii) in the case of an officer who retires not less than 12 years after the operative date, on assigning the whole of the annual amount of such pension;

a gratuity equal to the amount of his pension so assigned multiplied by the appropriate factor; such option to be exercised before the date of retirement or, in the case of an officer to whom paragraph 4(4) of this Schedule applies, within one month after that date.

(3) In this paragraph—

“the appropriate factor” has the same meaning as in paragraph 11 of this Schedule; “the permitted fraction”—

(a) in relation to an officer who retires within not less than one year but within two years of the operative date, means one-twelfth;

(b) in relation to an officer who retires within not less than two years of the operative date, means the fraction obtained by adding one-twelfth for each completed year of his pensionable service after the operative date to one-twelfth:

Provided that in reckoning for the purposes of this sub-paragraph the years of pensionable service of an officer who is granted leave of absence pending his retirement leave of absence granted in respect of service prior to the operative date enjoyment of which had on the operative date been deferred shall not be taken into account.

13. Special provisions as to compensation

(1) Whenever—

(a) a person who has become entitled to compensation under paragraph 2 or paragraph 10 of this Schedule but who has not already received the whole of that compensation (and in the case of an entitled officer whether he is still serving as such or has already retired) attains the age of 55 years or, in the case of a person who is or was when he retired a judge of the Court of Appeal or the High Court, 62 years, or dies before attaining that age;

(b) an entitled officer who has not already received the whole of the compensation to which he is entitled under paragraph 2 retires in the circumstances described in paragraph 4(4)(a), (c) or (d) of this Schedule before he has attained that age or is required to retire in the circumstances described in paragraph 4(4) (b) of this Schedule; or

(c) an entitled officer who has not already received the whole of the compensation to which he is entitled under paragraph 2 or paragraph 10 of this Schedule retires in any other circumstances before he has attained that age but on or after the fifth anniversary of the operative date or, in the case of a person who became an entitled officer after that date, of the date on which he became an entitled officer;

the balance then outstanding of the compensation to which he is entitled shall be paid to that person or, if that person is dead, to his personal representatives.

(2) Whenever an entitled officer, who has not already received the whole of the compensation to which he is entitled under paragraph 2 of this Schedule, is required to retire under section 16 of the Zambia Independence Order, 1964 before attaining the age of 55 years, or, in the case of a person who is or was when he retired a judge of the Court of Appeal or the High Court, 62 years, the balance then outstanding of the compensation to which he is entitled under that paragraph shall be paid to him—

(a) if notice requiring him to retire is given to him while he is engaged upon a tour of residential service, before his departure from Zambia; or

(b) if such notice is given to him while on leave of absence after completing a tour of residential service, as soon as reasonably practicable after the date upon which such notice is given to him

(3) The Permanent Secretary, Ministry of Finance, may direct that instead of any payment being made to the personal representatives of a deceased person payment shall be made to one of the dependants of the deceased or to two or more of those dependants in such proportions as the Permanent Secretary may think fit.

(4) Whenever any payment of compensation becomes due under paragraph 3, paragraph 9(1) (b) or paragraph 10 of this Schedule interest at the rate of five per centum per annum shall accrue from day to day—

(a) in cases where the compensation has not been finally assessed, during the period between the date on which the amount of the compensation was last due to be assessed and the date on which the next following assessment is to be made;

(b) in cases where the compensation has been finally assessed, during the period between the date on which that payment of compensation became due and the date on which the next following payment of compensation will become due;

upon any part of the compensation that did not then become payable and that interest shall become payable at the end of the period during which it accrued:

Provided that in the case of compensation payable under paragraph 10 of this Schedule the period during which interest accrues shall begin at the date upon which the first payment of compensation becomes payable under paragraph 10(4)(a) of this Schedule or the date on which the officer was given permission to retire under that paragraph, whichever is the later.

14. Disciplinary proceedings and dismissal

(1) When disciplinary proceedings are taken, or are about to be taken, against any person who is serving as an entitled officer and those proceedings might lead to his dismissal, the payment of compensation under this Schedule and interest thereon shall be withheld pending the determination of those proceedings.

(2) Where any person who is serving as an entitled officer is dismissed, any compensation that he has not already received may, with the approval of the appropriate Service Commission, be withheld.

15. Place of payment and rate of exchange

Any compensation, gratuity, disturbance grant or interest payable under this Schedule to an officer or to his personal representatives or dependants shall be paid, in accordance with any request made from time to time by such officer, his personal representatives or his dependants, as the case may be, in any of the following countries—

(a) in the United Kingdom;

(b) in Zambia;

(d) in the case of payment to the personal representatives of an officer or his dependants, in the country in which the personal representatives or the dependants, as the case may be, reside; or

(e) in such other country as the officer or his personal representatives or dependants may, with the concurrence of the Permanent Secretary, Ministry of Finance, select;

in the currency of the country in which payment is to be made; and, where payment is to be made in a country other than Zambia, the amount of the payment shall be such as would produce, at the official rate of exchange prevailing at the date of the payment, the amount in sterling of the compensation, gratuity, disturbance grant or interest as calculated at the official rate of exchange prevailing on the operative date.

16. Right to opt for abolition

(1) An entitled officer who, before he receives his initial payment of compensation, gives notice of retirement under paragraph 4 of this Schedule, or is required to retire under section 16 of the Zambia Independence Order 1964 or paragraph 9(1)(b) or 10 of this Schedule may at his option (such option to be exercised within three months of the commencement of this Order or, in the case of an officer who was not an entitled officer on the operative date, within three months of the date on which he became an entitled officer) become an officer to whom this paragraph applies.

(2) An officer to whom this paragraph applies shall not be entitled to compensation under this Schedule or be granted a pension, gratuity or disturbance grant under this Schedule but, subject to the provisions of paragraph 17 of this Schedule may, on his retirement under this Schedule, be granted such benefits as may be granted under the appropriate law to an officer whose office has been abolished.

(3) An officer to whom this paragraph applies shall repay the amount of any compensation that may have been paid to him.

17. Application of appropriate law

The provisions of the appropriate law shall, subject to the provisions of this Schedule, apply in relation to the grant of any pension or gratuity under this Schedule and to any pension or gratuity granted thereunder as they apply in relation to the grant of a pension or gratuity, and to any pension or gratuity granted, under the appropriate law:

Provided that section 11 of the European Officers’ Pensions Ordinance of ZambiaRepealed by SI 144 of 1965* or any law amending or replacing that section shall not apply in relation to any pension granted under the provisions of this Schedule.

18. Exemption from tax

Any compensation, gratuity or disturbance grant payable under any of the provisions of this Schedule shall be exempt from tax under any law in force in Zambia relating to the taxation of incomes or imposing any other form of taxation.

19. Exercise of options

Any option exercisable by any person for the purposes of this Schedule—

(a) shall be irrevocable after the end of the period within which it is to be exercised;

(b) shall be exercised by notice in writing to the appropriate Service Commission;

Provided that the appropriate Service Commission may, if it thinks fit, generally or in respect of a particular person and subject or not to conditions, extend the period for the exercise of an option.

ANNEX

INSTRUCTIONS FOR OBTAINING THE APPROPRIATE FACTOR FROM TABLE I

FOR OFFICERS AGED 28 YEARS OR MORE

I. Read off from the table the factor for the officer’s age at his last birthday and his completed years of service.

II. Read off from the table the factor for 10 years’ service and the officer’s age in years and completed months by interpolation arithmetically.

III. Divide II by 120 and multiply the result by the number of completed months of service not exceeding 120, adjusting the answer to the nearest second decimal place (when the third decimal place is 5 exactly, take the next highest second place).

IV. The greater of I and III is the factor required.

For Officers under the age of 28 years

I. Read off from the table the factor for the officer’s age at his last birthday and his completed years of service.

II. Read off from the table the highest factor given against the officer’s age in completed years and interpolate arithmetically for the factor corresponding to his age in years and completed months.

III. Divide II by the figure corresponding to the number of months contained in the years of service against which the factor in II was read off and multiply the result by the number of completed months of service, adjusting the answer to the nearest second decimal place (when the third decimal place is 5 exactly, take the next highest second place).

IV. The greater of I and III is the factor required.

INSTRUCTIONS FOR OBTAINING THE APPROPRIATE FACTOR FROM TABLE II, III OR IV

I. Read off from the Table the factors for the officer’s age—

(a) at his last birthday;

(b) at his next birthday.

II. Divide the difference between I(a) and I(b) by twelve and multiply by the number of completed months of age since the last birthday.

III. If I(b) is greater than I(a), add II to I(a).

III. If I(b) is less than I(a), subtract II from I(a).

III. III is the factor required.

In calculating factors by interpolation in respect of Tables II to IV the calculations should be taken to three places of decimals.

Table I

The Schedule, Paragraphs 2, 8(2) and 10

Age of Officer	Factor When Length of Service is
3 years	4 years	5 years	6 years	7 years	8 years	9 years	10 years or more
21	.16
22	.19	.25
23	.22	.29	.36
24	.25	.33	.41	.49
25	.28	.37	.46	.55	.64
26	.31	.41	.52	.62	.72	.82
27	.34	.46	.58	.69	.80	.92	1.04
28	.39	.52	.64	.77	.90	1.03	1.16	1.29
29	.44	.58	.73	.88	1.02	1.17	1.31	1.46
30	.50	.67	.84	1.00	1.17	1.34	1.50	1.67
31	.58	.77	.96	1.16	1.35	1.54	1.74	1.93
32	.68	.90	1.12	1.35	1.58	1.80	2.02	2.25
33	.78	1.04	1.30	1.57	1.83	2.09	2.35	2.61
34	.89	1.19	1.49	1.79	2.09	2.38	2.68	2.98
35	1.00	1.34	1.67	2.00	2.34	2.67	3.01	3.34
36	1.10	1.47	1.84	2.20	2.57	2.94	3.30	3.67
37	1.18	1.58	1.97	2.36	2.76	3.15	3.55	3.94
38	1.24	1.65	2.06	2.48	2.89	3.30	3.72	4.13
39	1.28	1.70	2.12	2.55	2.98	3.40	3.82	4.25
40	1.29	1.72	2.16	2.59	3.02	3.45	3.88	4.31
41	1.30	1.73	2.16	2.59	3.02	3.46	3.89	4.32
42	1.28	1.70	2.13	2.56	2.98	3.41	3.83	4.26
43	1.24	1.65	2.06	2.47	2.88	3.30	3.71	4.12
44	1.17	1.56	1.95	2.34	2.73	3.12	3.51	3.90
45	1.09	1.45	1.82	2.18	2.54	2.90	3.27	3.63
46	1.00	1.34	1.67	2.00	2.34	2.67	3.01	3.34
47	.91	1.22	1.52	1.82	2.13	2.43	2.74	3.04
48	.82	1.10	1.37	1.64	1.92	2.19	2.47	2.74
49	.73	.98	1.22	1.46	1.71	1.95	2.20	2.44
50	.64	.85	1.06	1.28	1.49	1.70	1.92	2.13
51	.54	.72	.90	1.08	1.26	1.44	1.62	1.80
52	.43	.57	.72	.86	1.00	1.14	1.29	1.43
53	.30	.40	.50	.60	.70	.80	.90	1.00
54	.15	.20	.25	.30	.35	.40	.45	.50
55 and above	NIL	NIL	NIL	NIL	NIL	NIL	NIL	NIL

Table II

The Schedule, Paragraphs 2 and 10

Age of Officer	Factor	Age of Officer	Factor
40	3.94	55	2.48
41	4.12	56	2.26
42	4.24	57	2.03
43	4.31	58	1.76
44	4.32	59	1.42
45	4.28	60	1.00
46	4.19	61	.50
47	$.07	62	NIL
48	3.92	and above
49	3.75	50	3.57
51	3.37	52	3.15
53	2.93	54	2.70

Note.-These factors apply where the judge has at least ten years’ service.

Table III

The Schedule, Paragraph 7

Age						Factor
30 and below	…	…	…	…		5.00
31	…	…	…	…	…	5.08
32	…	…	…	…	…	5.21
33	…	…	…	…	…	5.47
34	…	…	…	…	…	5.90
35	…	…	…	…	…	6.56
36	…	…	…	…	…	7.44
37	…	…	…	…	…	8.10
38	…	…	…	…	…	8.53
39	…	…	…	…	…	8.79
40	…	…	…	…	…	8.92
41	…	…	…	…	…	9.00
42	…	…	…	…	…	8.92
43	…	…	…	…	…	8.77
44	…	…	…	…	…	8.40
45	…	…	…	…	…	7.61
46	…	…	…	…	…	6.39
47	…	…	…	…	…	5.60
48	…	…	…	…	…	5.23
49	…	…	…	…	…	5.08
50 and above	…	…	…	…		5.00

Table IV

The Schedule, Paragraphs 11 and 12

Age of Officer	Factor	Age of Officer	Factor
25 or under	17.08	40	15.07
26	16.97	41	14.90
27	16.86	42	14.73
28	16.74	43	14.55
29	16.62	44	14.36
30	16.50	45	14.17
31	16.38	46	13.97
32	16.25	47	13.76
33	16.12	48	13.54
34	15.98	49	13.32
35	15.84	50	13.08
36	15.70	51	12.84
37	15.55	52	12.59
38	15.40	53 and above	12.50
39	15.24

REPUBLIC OF ZAMBIA

FUGITIVE OFFENDERS APPENDIX 11

FUGITIVE OFFENDERS ACTOn the coming into operation of Part X of the Extradition Act (Cap. 94), this Act shall cease to apply to Zambia.*

44 & 45 Vict. c. 69

[Printed as am by Statute Law Revision Act, 1894 (57 & 58 Vict. c. 56).]

Arrangement of Sections

Section

1. Short title

PART I
RETURN OF FUGITIVES

2. Liability of fugitive to be apprehended and returned

3. Endorsing of warrant for apprehension of fugitive

4. Provisional warrant for apprehension of fugitive

5. Dealing with fugitive when apprehended

6. Return of fugitive by warrant

7. Discharge of person apprehended if not returned within one month

8. Sending back of persons apprehended if not prosecuted within six months or acquitted

9. Offences to which this Part of this Act applies

10. Powers of superior Court to discharge fugitive when case frivolous or return unjust

11. Power of Lord Lieutenant in Ireland

PART II
INTER-COLONIAL BACKING OF WARRANTS, AND OFFENCES

12. Application of Part of Act to group of British possessions

13. Backing in one British possession of warrant issued in another of same group

14. Return of prisoner apprehended under backed warrant

15. Backing in one British possession of summons, etc., of witness issued in another possession of same group

16. Provisional warrant in group of British possessions

17. Discharge of prisoner not returned within one month to British possession of same group

18. Sending back of prisoner not prosecuted or acquitted to British possession of same group

19. Refusal to return prisoner where offence too trivial

PART III
TRIAL, ETC., OF OFFENCES

20. Offences committed on boundary of two adjoining British possessions

21. Offences committed on journey between two British possessions

22. Trial of offence of false swearing or giving false evidence

23. Supplemental provision as to trial of person in any place

24. Issue of search warrant

25. Removal of prisoner by sea from one place to another

PART IV
SUPPLEMENTAL

Warrants and Escape

26. Endorsement of warrant

27. Conveyance of fugitives and witnesses

28. Escape of prisoner from custody

Evidence

29. Depositions to be evidence, and authentication of depositions and warrants

Miscellaneous

30. Provision as to exercise of jurisdiction by magistrates

31. Power as to making and revocation of Orders in Council

32. Power of legislature of British possession to pass laws for carrying into effect this Act

Application of Act

33. Application of Act to offences at sea or triable in several parts of Her Majesty’s dominions

34. Application of Act to convicts

35. Application of Act to removal of person triable in more than one part of Her Majesty’s dominions

36. Application of Act to foreign jurisdiction

37. Application of Act to, and execution of warrant in United Kingdom, Channel Islands, and Isle of Man

38. Application of Act to past offences

Definitions and Repeal

39. Definition of terms

40. Repealed

41. Repealed

AN ACT

to amend the Law with respect to Fugitive Offenders in Her Majesty’s Dominions, and for other Purposes Connected with the Trial of Offenders.

[27th August, 1881]

1. Short title

This Act may be cited as the Fugitive Offenders Act, 1881.

PART I
RETURN OF FUGITIVES

2. Liability of fugitive to be apprehended and returned

Where a person accused of having committed an offence (to which this Part of this Act applies) in one part of Her Majesty’s dominions has left that part, such person (in this Act referred to as a fugitive from that part) if found in another part of Her Majesty’s dominions, shall be liable to be apprehended and returned in manner provided by this Act to the part from which he is a fugitive.

A fugitive may be so apprehended under an endorsed warrant or a provisional warrant.

3. Endorsing of warrant for apprehension of fugitive

Where a warrant has been issued in one part of Her Majesty’s dominions for the apprehension of a fugitive from that part, any of the following authorities in another part of Her Majesty’s dominions in or on the way to which the fugitive is or is suspected to be; that is to say—

(1) A judge of a superior Court in such part; and

(2) In the United Kingdom a Secretary of State and one of the magistrates of the metropolitan police Court in Bow Street; and

(3) In a British possession the Governor of that possession;

if satisfied that the warrant was issued by some person having lawful authority to issue the same, may endorse such warrant in manner provided by this Act, and the warrant so endorsed shall be a sufficient authority to apprehend the fugitive in the part of Her Majesty’s dominions in which it is endorsed, and bring him before a magistrate.

4. Provisional warrant for apprehension of fugitive

A magistrate of any part of Her Majesty’s dominions may issue a provisional warrant for the apprehension of a fugitive who is or is suspected of being in or on his way to that part on such information, and under such circumstances, as would in his opinion justify the issue of a warrant if the offence of which the fugitive is accused had been committed within his jurisdiction, and such warrant may be backed and executed accordingly.

A magistrate issuing a provisional warrant shall forthwith send a report of the issue, together with the information or a certified copy thereof, if he is in the United Kingdom, to a Secretary of State, and if he is in a British possession, to the Governor of that possession, and the Secretary of State or Governor may, if he think fit, discharge the person apprehended under such warrant.

5. Dealing with fugitive when apprehended

A fugitive when apprehended shall be brought before a magistrate, who (subject to the provisions of this Act) shall hear the case in the same manner and have the same jurisdiction and powers, as near as may be (including the power to remand and admit to bail), as if the fugitive were charged with an offence committed within his jurisdiction.

If the endorsed warrant for the apprehension of the fugitive is duly authenticated, and such evidence is produced as (subject to the provisions of this Act) according to the law ordinarily administered by the magistrate, raises a strong or probable presumption that the fugitive committed the offence mentioned in the warrant, and that the offence is one to which this Part of this Act applies, the magistrate shall commit the fugitive to prison to await his return, and shall forthwith send a certificate of the committal and such report of the case as he may think fit, if in the United Kingdom to a Secretary of State, and if in a British possession to the Governor of that possession.

Where the magistrate commits the fugitive to prison he shall inform the fugitive that he will not be surrendered until after the expiration of 15 days, and that he has a right to apply for a writ of habeas corpus, or other like process.

A fugitive apprehended on a provisional warrant may be from time to time remanded for such reasonable time not exceeding seven days at any one time as under the circumstances seems requisite for the production of an endorsed warrant.

6. Return of fugitive by warrant

Upon the expiration of 15 days after a fugitive has been committed to prison to await his return or if writs of habeas corpus or other like process is issued with reference to such fugitive by a superior Court, after the final decision of the Court in the case:

(1) if the fugitive is so committed in the United Kingdom, a Secretary of State; and

(2) if the fugitive is so committed in a British possession, the Governor of that possession;

may, if he thinks it just, by warrant under his hand order that fugitive to be returned to the part of Her Majesty’s dominions from which he is a fugitive, and for that purpose to be delivered into the custody of the persons to whom the warrant is addressed, or some one or more of them, and to be held in custody, and conveyed by sea or otherwise to the said part of Her Majesty’s dominions, to be dealt with there in due course of law as if he had been there apprehended, and such warrant shall be forthwith executed according to the tenor thereof.

The governor or other chief officer of any prison, on request of any person having the custody of a fugitive under any such warrant, and on payment or tender of a reasonable amount for expenses, shall receive such fugitive and detain him for such reasonable time as may be requested by the said person for the purpose of the proper execution of the warrant.

7. Discharge of person apprehended if not returned within one month

If a fugitive who, in pursuance of this Part of this Act, has been committed to prison in any part of Her Majesty’s dominions to await his return, is not conveyed out of that part within one month after such committal, a superior Court, upon application by or on behalf of the fugitive, and upon proof that reasonable notice of the intention to make such application has been given, if the said part is the United Kingdom to a Secretary of State, and if the said part is a British possession to the Governor of the possession, may, unless sufficient cause is shown to the contrary, order the fugitive to be discharged out of custody.

8. Sending back of persons apprehended if not prosecuted within six months or acquitted

Where a person accused of an offence and returned in pursuance of this Part of this Act to any part of Her Majesty’s dominions, either is not prosecuted for the said offence within six months after his arrival in that part, or is acquitted of the said offence, then if that part is the United Kingdom a Secretary of State, and if that part is a British possession the Governor of that possession, may, if he think fit, on the request of such person, cause him to be sent back free of cost and with as little delay as possible to the part of Her Majesty’s dominions in or on his way to which he was apprehended.

9. Offences to which this Part of this Act applies

This Part of this Act shall apply to the following offences, namely, to treason and piracy, and to every offence, whether called felony, misdemeanour, crime, or by any other name, which is for the time being punishable in the part of Her Majesty’s dominions in which it was committed, either on indictment or information, by imprisonment with hard labour for a term of 12 months or more, or by any greater punishment; and for the purposes of this section, rigorous imprisonment, and any confinement in a prison combined with labour, by whatever name it is called, shall be deemed to be imprisonment with hard labour.

This Part of this Act shall apply to an offence notwithstanding that by the law of the part of Her Majesty’s dominions in or on his way to which the fugitive is or is suspected of being it is not an offence, or not an offence to which this Part of this Act applies; and all the provisions of this Part of this Act, including those relating to a provisional warrant and to a committal to prison, shall be construed as if the offence were in such last-mentioned part of Her Majesty’s dominions an offence to which this Part of this Act applies.

10. Powers of superior Court to discharge fugitive when case frivolous or return unjust

Where it is made to appear to a superior Court that by reason of the trivial nature of the case, or by reason of the application for the return of a fugitive not being made in good faith in the interests of justice or otherwise, it would, having regard to the distance, to the facilities for communication, and to all the circumstances of the case, be unjust or oppressive or too severe a punishment to return the fugitive either at all or until the expiration of a certain period, such Court may discharge the fugitive, either absolutely or on bail, or order that he shall not be returned until after the expiration of the period named in the order, or may make such other order in the premises as to the Court seems just.

11. Power of Lord Lieutenant in Ireland

In Ireland the Lord Lieutenant, also the chief secretary, may, as well as a Secretary of State, execute any portion of the powers by this Part of this Act vested in a Secretary of State.

[As amended by 57 & 58 Vict. c. 56. 89]

PART II
INTER-COLONIAL BACKING OF WARRANTS, AND OFFENCES

Application of Part of Act

12. Application of Part of Act to group of British possessions

The Part of this Act shall apply only to those groups of British possessions to which, by reason of their contiguity or otherwise, it may seem expedient to Her Majesty to apply the same.

It shall be lawful for Her Majesty from time to time by Order in Council to direct that this Part of this Act shall apply to the group of British possessions mentioned in the Order, and by the same or any subsequent Order to except certain offences from the application of this Part of this Act, and to limit the application of this Part of this Act by such conditions, exceptions, and qualifications as may be deemed expedient.

Backing of Warrants

13. Backing in one British possession of warrant issued in another of same group

Where in a British possession of a group to which this Part of this Act applies a warrant has been issued for the apprehension of a person accused of an offence punishable by law in that possession, and such person is or is suspected of being in or on the way to another British possession of the same group, a magistrate in the last-mentioned possession, if satisfied that the warrant was issued by a person having lawful authority to issue the same, may endorse such warrant in manner provided by this Act, and the warrant so endorsed shall be a sufficient authority to apprehend, within the jurisdiction of the endorsing magistrate, the person named in the warrant, and bring him before the endorsing magistrate or some other magistrate in the same British possession.

14. Return of prisoner apprehended under backed warrant

The magistrate before whom a person so apprehended is brought, if he is satisfied that the warrant is duly authenticated as directed by this Act and was issued by a person having lawful authority to issue the same, and is satisfied on oath that the prisoner is the person named or otherwise described in the warrant, may order such prisoner to be returned to the British possession in which the warrant was issued, and for that purpose to be delivered into the custody of the persons to whom the warrant is addressed, or any one or more of them, and to be held in custody and conveyed by sea or otherwise into the British possession in which the warrant was issued, there to be dealt with according to law as if he had been there apprehended. Such order for return may be made by warrant under the hand of the magistrate making it, and may be executed according to the tenor thereof.

A magistrate shall, so far as is requisite for the exercise of the powers of this section, have the same power, including the power to remand and admit to bail a prisoner, as he has in the case of a person apprehended under a warrant issued by him.

15. Backing in one British possession of summons, etc., of witness issued in another possession of same group

Where a person required to give evidence on behalf of the prosecutor or defendant on a charge for an offence punishable by law in a British possession of a group to which this Part of this Act applies, is or is suspected of being in or on his way to any other British possession of the same group, a judge, magistrate, or other officer who would have lawful authority to issue a summons, requiring the attendance of such witness, if the witness were within his jurisdiction, may issue a summons for the attendance of such witness, and a magistrate in any other British possession of the same group, if satisfied that the summons was issued by some judge, magistrate, or officer having lawful authority as aforesaid, may endorse the summons with his name; and the witness, on service in that possession of the summons, so endorsed, and on payment or tender of a reasonable amount for his expenses, shall obey the summons, and in default shall be liable to be tried and punished either in the possession in which he is served or in the possession in which the summons was issued, and shall be liable to the punishment imposed by the law of the possession in which he is tried for the failure of a witness to obey such a summons. The expression “summons” in this section includes any subpoena or other process for requiring the attendance of a witness.

16. Provisional warrant in group of British possessions

A magistrate in a British possession of a group to which this Part of this Act applies, before the endorsement in pursuance of this Part of this Act of a warrant for the apprehension of any person, may issue a provisional warrant for the apprehension of that person, on such information and under such circumstances as would in his opinion justify the issue of a warrant if the offence of which such person is accused were an offence punishable by the law of the said possession, and had been committed within his jurisdiction, and such warrant may be backed and executed accordingly; provided that a person arrested under such provisional warrant shall be discharged unless the original warrant is produced and endorsed within such reasonable time as may under the circumstances seem requisite.

17. Discharge of prisoner not returned within one month to British possession of same group

If a prisoner in a British possession whose return is authorised in pursuance of this Part of this Act is not conveyed out of that possession within one month after the date of the warrant ordering his return, a magistrate or a superior Court, upon application by or on behalf of the prisoner, and upon proof that reasonable notice of the intention to make such application has been given to the person holding the warrant and to the chief officer of the police of such possession or of the province or town where the prisoner is in custody, may, unless sufficient cause is shown to the contrary, order such prisoner to be discharged out of custody.

Any order or refusal to make an order of discharge by a magistrate under this section shall be subject to appeal to a superior Court.

18. Sending back of prisoner not prosecuted or acquitted to British possession of same group

Where a prisoner accused of an offence is returned in pursuance of this Part of this Act to a British possession, and either is not prosecuted for the said offence within six months after his arrival in that possession or is acquitted of the said offence, the Governor of that possession, if he thinks fit, may, on the requisition of such person, cause him to be sent back, free of cost, and with as little delay as possible, to the British possession in or on his way to which he was apprehended.

19. Refusal to return prisoner where offence too trivial

Where the return of a prisoner is sought or ordered under this Part of this Act, and it is made to appear to a magistrate or to a superior Court that by reason of the trivial nature of the case, or by reason of the application for the return of such prisoner not being made in good faith in the interests of justice or otherwise, it would, having regard to the distance, to the facilities of communication, and to all the circumstances of the case, be unjust or oppressive, or too severe a punishment, to return the prisoner either at all or until the expiration of a certain period, the Court or magistrate may discharge the prisoner either absolutely or on bail, or order that he shall not be returned until after the expiration of the period named in the order, or may make such other order in the premises as to the magistrate or Court seems just.

Any order or refusal to make an order of discharge by a magistrate under this section shall be subject to an appeal to a superior Court.

PART III
TRIAL, ETC., OF OFFENCES

20. Offences committed on boundary of two adjoining British possessions

Where two British possessions adjoin, a person accused of an offence committed on or within the distance of five hundred yards from the common boundary of such possessions may be apprehended, tried, and punished in either of such possessions.

21. Offences committed on journey between two British possessions

Where an offence is committed on any person or in respect of any property in or upon any carriage, cart or vehicle whatsoever employed in a journey, or on board any vessel whatsoever employed in a navigable river, lake, canal, or inland navigation, the person accused of such offence may be tried in any British possession through a part of which such carriage, cart, vehicle, or vessel passed in the course of the journey or voyage during which the offence was committed; and where the side, bank, centre, or other part of the road, river, lake, canal, or inland navigation along which the carriage, cart, vehicle, or vessel passed in the course of such journey or voyage is the boundary of any British possession, a person may be tried for such offence in any British possession of which it is the boundary:

Provided that nothing in this section shall authorise the trial for such offence of a person who is not a British subject, where it is not shown that the offence was committed in a British possession.

22. Trial of offence of false swearing or giving false evidence

A person accused of the offence (under whatever name it is known) of swearing or making any false deposition, or of giving or fabricating any false evidence, for the purposes of this Act, may be tried either in the part of Her Majesty’s dominions in which such deposition or evidence is used, or in the part in which the same was sworn, made, given, or fabricated, as the justice of the case may require.

23. Supplemental provision as to trial of person in any place

Where any Part of this Act provides for the place of trial of a person accused of an offence, that offence shall, for all purposes of and incidental to the apprehension, trial, and punishment of such person, and of and incidental to any proceedings and matters preliminary, incidental to, or consequential thereon, and of and incidental to the jurisdiction of any Court, constable, or officer with reference to such offence, and to any person accused of such offence, be deemed to have been committed in any place in which the person accused of the offence can be tried for it; and such person may be punished in accordance with the Courts (Colonial) Jurisdiction Act, 1874.

24. Issue of search warrant

Where a warrant for the apprehension of a person accused of an offence has been endorsed in pursuance of any Part of this Act in any part of Her Majesty’s dominions, or where any Part of the Act provides for the place of trial of a person accused of an offence, every Court and magistrate of the part in which the warrant is endorsed or the person accused of the offence can be tried shall have the same power of issuing a warrant to search for any property alleged to be stolen or to be otherwise unlawfully taken or obtained by such person, or otherwise to be the subject of such offence, as that Court or magistrate would have if the property had been stolen or otherwise unlawfully taken or obtained, or the offence had been committed wholly within the jurisdiction of such Court or magistrate.

25. Removal of prisoner by sea from one place to another

Where a person is in legal custody in a British possession either in pursuance of this Act or otherwise, and such person is required to be removed in custody to another place in or belonging to the same British possession, such person, if removed by sea in a vessel belonging to Her Majesty or any of Her Majesty’s subjects, shall be deemed to continue in legal custody until he reaches the place to which he is required to be removed; and the provisions of this Act with respect to the retaking of a prisoner who has escaped, and with respect to the trial and punishment of a person guilty of the offence of escaping or attempting to escape, or aiding or attempting to aid a prisoner to escape, shall apply to the case of a prisoner escaping while being lawfully removed as aforesaid, in like manner as if he were being removed in pursuance of a warrant endorsed in pursuance of this Act

PART IV
SUPPLEMENTAL

Warrants and Escape

26. Endorsement of warrant

An endorsement of a warrant in pursuance of this Act shall be signed by the authority endorsing the same, and shall authorise all or any of the persons named in the endorsement, and of the persons to whom the warrant was originally directed, and also every constable, to execute the warrant within the part of Her Majesty’s dominions or place within which such endorsement is by this Act made a sufficient authority, by apprehending the person named in it, and bringing him before some magistrate in the said part or place, whether the magistrate named in the endorsement or some other.

For the purposes of this Act every warrant, summons, subpoena, and process, and every endorsement made in pursuance of this Act thereon, shall remain in force, notwithstanding that the person signing the warrant or such endorsement dies or ceases to hold office.

27. Conveyance of fugitives and witnesses

Where a fugitive or prisoner is authorised to be returned to any part of Her Majesty’s dominions in pursuance of Part One or Part Two of this Act, such fugitive or prisoner may be sent thither in any ship belonging to Her Majesty or to any of her subjects.

For the purpose aforesaid, the authority signing the warrant for the return may order the master of any ship belonging to any subject of Her Majesty bound to the said part of Her Majesty’s dominions to receive and afford a passage and subsistence during the voyage to such fugitive or prisoner, and to the person having him in custody, and to the witnesses, so that such master be not required to receive more than one fugitive or prisoner for every hundred tons of his ship’s registered tonnage, or more than one witness for every fifty tons of such tonnage.

The said authority shall endorse or cause to be endorsed upon the agreement of the ship such particulars with respect to any fugitive prisoner or witness sent in her as the Board of Trade from time to time require.

Every such master shall, on his ship’s arrival in the said part of Her Majesty’s dominions, cause such fugitive or prisoner, if he is not in the custody of any person, to be given into the custody of some constable, there to be dealt with according to law.

Every master who fails on payment or tender of a reasonable amount for expenses to comply with an order made in pursuance of this section, or to cause a fugitive or prisoner committed to his charge to be given into custody as required by this section, shall be liable on summary conviction to a fine not exceeding fifty pounds, which may be recovered in any part of Her Majesty’s dominions in like manner as a penalty of the same amount under the Merchant Shipping Act, 1854, and the Acts amending the same.

28. Escape of prisoner from custody

If a prisoner escapes, by breach of prison or otherwise, out of the custody of a person acting under a warrant issued or endorsed in pursuance of this Act, he may be retaken in the same manner as a person accused of a crime against the law of that part of Her Majesty’s dominions to which he escapes may be retaken upon an escape.

A person guilty of the offence of escaping or of attempting to escape, or of aiding or attempting to aid a prisoner to escape, by breach of prison or otherwise, from custody under any warrant issued or endorsed in pursuance of this Act, may be tried in any of the following parts of Her Majesty’s dominions, namely, the part to which and the part from which the prisoner is being removed, and the part in which the prisoner escapes and the part in which the offender is found.

Evidence

29. Depositions to be evidence, and authentication of depositions and warrants

A magistrate may take depositions for the purposes of this Act in the absence of a person accused of an offence in like manner as he might take the same if such person were present and accused of the offence before him.

Depositions (whether taken in the absence of the fugitive or otherwise) and copies thereof, and official certificates of or judicial documents stating facts, may, if duly authenticated, be received in evidence in proceedings under this Act:

Provided that nothing in this Act shall authorise the reception of any such depositions, copies, certificates, or documents in evidence against a person upon his trial for an offence.

Warrants and depositions, and copies thereof, and official certificates of or judicial documents stating facts, shall be deemed duly authenticated for the purposes of this Act if they are authenticated in manner provided for the time being by law, or if they purport to be signed by or authenticated by the signature of a judge, magistrate, or officer of the part of Her Majesty’s dominions in which the same are issued, taken, or made, and are authenticated either by the oath of some witness, or by being sealed with the official seal of a Secretary of State, or with the public seal of a British possession, or with the official seal of a Governor of a British possession, or of a colonial secretary, or of some secretary or minister administering a department of the government of a British possession.

And all Courts and magistrates shall take judicial notice of every such seal as is in this section mentioned, and shall admit in evidence without further proof the documents authenticated by it.

Miscellaneous

30. Provision as to exercise of jurisdiction by magistrates

The jurisdiction under Part One of this Act to hear a case and commit a fugitive to prison to await his return shall be exercised—

(1) In England, by a chief magistrate of the metropolitan police Courts or one of the other magistrates of the metropolitan police Court at Bow Street; and

(2) In Scotland, by the sheriff or sheriff substitute of the county of Edinburgh; and

(3) In Ireland, by one of the police magistrates of the Dublin metropolitan police district; and

(4) In a British possession, by any judge, justice of the peace, or other officer having the like jurisdiction as one of the magistrates of the metropolitan police Court in Bow Street, or by such other Court, judge, or magistrate as may be from time to time provided by an Act or ordinance passed by the legislature of that possession.

If a fugitive is apprehended and brought before a magistrate who has no power to exercise the jurisdiction under this Act in respect of that fugitive, that magistrate shall order the fugitive to be brought before some magistrate having that jurisdiction, and such order shall be obeyed.

31. Power as to making and revocation of Orders in Council

It shall be lawful for Her Majesty in Council from time to time to make Orders for the purposes of this Act, and to revoke and vary any Order so made, and every Order so made shall while it is in force have the same effect as if it were enacted in this Act.

An Order in Council made for the purposes of this Act shall be laid before Parliament as soon as may be after it is made if Parliament is then in session, or if not, as soon as may be after the commencement of the then next session of Parliament.

32. Power of legislature of British possession to pass laws for carrying into effect this Act

If the legislature of a British possession pass any Act or ordinance—

(1) For defining the offences committed in that possession to which this Act or any Part thereof is to apply; or

(2) For determining the Court, judge, magistrate, officer, or person by whom and the manner in which any jurisdiction or power under this Act is to be exercised; or

(3) For payment of the costs incurred in returning a fugitive or a prisoner, or in sending him back if not prosecuted or if acquitted, or otherwise in the execution of this Act; or

(4) In any manner for the carrying of this Act or any Part thereof into effect in that possession;

it shall be lawful for Her Majesty by Order in Council to direct, if it seems to Her Majesty in Council necessary or proper for carrying into effect the objects of this Act, that such Act or ordinance, or any part thereof, shall with or without modification or alteration be recognised and given effect to throughout Her Majesty’s dominions and on the high seas as if it were part of this Act.

Application of Act

33. Application of Act to offences at sea or triable in several parts of Her Majesty’s dominions

Where a person accused of an offence can, by reason of the nature of the offence, or of the place in which it was committed, or otherwise, be, under this Act or otherwise, tried for or in respect of the offence in more than one part of Her Majesty’s dominions, a warrant for the apprehension of such person may be issued in any part of Her Majesty’s dominions in which he can, if he happens to be there, be tried; and each Part of this Act shall apply as if the offence had been committed in the part of Her Majesty’s dominions where such warrant is issued, and such person may be apprehended and returned in pursuance of this Act, notwithstanding that in the place in which he is apprehended a Court has jurisdiction to try him:

Provided that if such person is apprehended in the United Kingdom a Secretary of State, and if he is apprehended in a British possession, the Governor of such possession, may, if satisfied that, having regard to the place where the witnesses for the prosecution and for the defence are to be found, and to all the circumstances of the case, it would be conducive to the interests of justice so to do, order such person to be tried in the part of Her Majesty’s dominions in which he is apprehended, and in such case any warrant previously issued for his return shall not be executed.

34. Application of Act to convicts

Where a person convicted by a Court in any part of Her Majesty’s dominions of an offence committed either in Her Majesty’s dominions or elsewhere, is unlawfully at large before the expiration of his sentence, each Part of this Act shall apply to such person, so far as is consistent with the tenor thereof, in like manner as it applies to a person accused of the like offence committed in the part of Her Majesty’s dominions in which such person was convicted.

35. Application of Act to removal of person triable in more than one part of Her Majesty’s dominions

Where a person accused of an offence is in custody in some part of Her Majesty’s dominions, and the offence is one for or in respect of which, by reason of the nature thereof or of the place in which it was committed or otherwise, a person may under this Act or otherwise be tried in some other part of Her Majesty’s dominions, in such case a superior Court, and also if such person is in the United Kingdom a Secretary of State, and if he is in a British possession the Governor of that possession, if satisfied that, having regard to the place where the witnesses for the prosecution and for the defence are to be found, and to all the circumstances of the case, it would be conducive to the interests of justice so to do, may by warrant direct the removal of such offender to some other part of Her Majesty’s dominions in which he can be tried, and the offender may be returned, and, if not prosecuted or acquitted, sent back free of cost in like manner as if he were a fugitive returned in pursuance of Part One of this Act, and the warrant were a warrant for the return of such fugitive, and the provisions of this Act shall apply accordingly.

36. Application of Act to foreign jurisdiction

It shall be lawful for Her Majesty from time to time by Order in Council to direct that this Act shall apply as if, subject to the conditions, exceptions, and qualifications (if any) contained in the Order, any place out of Her Majesty’s dominions in which Her Majesty has jurisdiction, and which is named in the Order, were a British possession, and to provide for carrying into effect such application.

37. Application of Act to, and execution of warrant in United Kingdom, Channel Islands, and Isle of Man

This Act shall extend to the Channel Islands and Isle of Man as if they were part of England and of the United Kingdom, and the United Kingdom and those islands shall be deemed for the purpose of this Act to be one part of Her Majesty’s dominions; and a warrant endorsed in pursuance of Part One of this Act may be executed in every place in the United Kingdom and the said islands accordingly.

38. Application of Act to past offences

This Act shall apply where an offence is committed before the commencement of this Act, or, in the case of Part Two of this Act, before the application of that Part to a British possession or to the offence, in like manner as if such offence had been committed after such commencement or application.

Definitions and Repeal

39. Definition of terms

In this Act, unless the context otherwise requires—

“British possession”

The expression “British possession” means any part of Her Majesty’s dominions, exclusive of the United Kingdom, the Channel Islands, and Isle of Man; all territories and places within Her Majesty’s dominions which are under one legislature shall be deemed to be one British possession and one part of Her Majesty’s dominions.

“Legislature”

The expression “legislature”, where there are local legislatures as well as a central legislature, means the central legislature only.

“Governor”

The expression “governor” means any person or persons administering the government of a British possession.

“Constable”

The expression “constable” means, out of England, any policeman or officer having the like powers and duties as a constable in England.

“Magistrate”

The expression “magistrate” means, except in Scotland, any justice of the peace, and in Scotland means a sheriff or sheriff substitute, and in the Channel Islands, Isle of Man, and a British possession means any person having authority to issue a warrant for the apprehension of persons accused of offences and to commit such persons for trial.

“Offence punishable on indictment”

The expression “offence punishable on indictment” means, as regards India, an offence punishable on a charge or otherwise.

“Oath”

The expression “oath” includes affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing, and the expression “swear” and other words relating to an oath or swearing shall be construed accordingly.

“Deposition”

The expression “deposition” includes any affidavit, affirmation, or statement made upon oath as above defined.

“Superior Court”

The expression “superior Court” means:

(1) In England, Her Majesty’s Court of Appeal and High Court of Justice; and

(2) In Scotland, the High Court of Justiciary; and

(3) In Ireland, Her Majesty’s Court of Appeal and Her Majesty’s High Court of Justice at Dublin; and

(4) In a British possession, any Court having in that possession the like criminal jurisdiction to that which is vested in the High Court of Justice in England, or such Court or judge as may be determined by any Act or ordinance of that possession.

[Am. by Article 2; Sch. Part II of the Government of India (Adaptation of Acts of Parliament) Order, 1937.]

40. …

[Rep. by Statute Law Revision Act, 1894, 57 & 58 Vict. c. 56.]

41. …

[Rep. by Statute Law Revision Act, 1894, 57 & 58 Vict. c. 56.]

RELIEF FROM DOUBLE TAXATION APPENDIX 12

APPLICATION TO THIS TERRITORY OF SECTION 20(3) OF THE FINANCE ACT, 1894, AS MODIFIED BY ARTICLE 14 OF THE GOVERNMENT OF IRELAND (ADAPTATION OF THE TAXING ACTS) ORDER, 1922, AND BY ARTICLE 2 OF THE IRISH FREE STATE (CONSEQUENTIAL ADAPTATION OF ENACTMENTS) ORDER, 1923, IN RESPECT OF DEATH DUTIES PAYABLE IN GREAT BRITAIN

GN 195 of 1939.

AT THE COURT AT BUCKINGHAM PALACE, THE 28th DAY OF SEPTEMBER, 1939

Present:

THE KING’S MOST EXCELLENT MAJESTY

LORD PRESIDENT LORD ATKIN

EARL OF LUCAN SECRETARY SIR KINGSLEY WOOD

WHEREAS by sub-section (3) of section 20 of the Finance Act, 1894, as modified by Article 14 of the Government of Ireland (Adaptation of the Taxing Acts) Order, 1922, and by Article 2 of the Irish Free State (Consequential Adaptation of Enactments) Order, 1923, it is provided that His Majesty may, by Order in Council, apply that section to any British possession where His Majesty is satisfied that, by the law of such possession, either no duty is leviable in respect of property situate in Great Britain when passing on death, or that the law of such possession as respects any duty so leviable is to the like effect as the foregoing provisions of that section:

AND WHEREAS by virtue of section 5 of the Foreign Jurisdiction Act, 1890, and the First Schedule to that Act, as amended by the Foreign Jurisdiction Act, 1913, it is lawful for His Majesty in Council by Order to direct that section 20 of the Finance Act, 1894, shall extend, with or without any exceptions, adaptations or modifications in the Order mentioned, to any foreign country in which for the time being His Majesty has jurisdiction, and that thereupon the said section shall, to the extent of that jurisdiction, operate as if that country were a British possession:

AND WHEREAS His Majesty is satisfied that the law of Northern Rhodesia as respects the duty leviable in respect of property situate in Great Britain and passing on death is to the like effect as the provisions of sub-section (1) of section 20 of the Finance Act, 1894:

AND WHEREAS it is expedient that section 20 of the Finance Act, 1894, should be extended and applied to Northern Rhodesia accordingly:

AND WHEREAS by treaty, grant, usage, sufferance and other lawful means His Majesty has power and jurisdiction in Northern Rhodesia:

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers conferred on Him by the Foreign Jurisdiction Acts, 1890 and 1913, and the Finance Act, 1894, and of all other power’s enabling Him in that behalf, is pleased, by and with the advice of His Privy Council to order, and it is hereby ordered, that section 20 of the Finance Act, 1894, shall extend and apply to Northern Rhodesia as from the sixth day of January, one thousand nine hundred and thirty-nine.

RUPERT B. HOWARTH

APPLICATION TO THIS TERRITORY OF SECTION 20(3) OF THE FINANCE ACT, 1894, IN RESPECT OF DEATH DUTIES PAYABLE IN NORTHERN IRELAND

GN 196 of 1939.

AT THE COURT AT BUCKINGHAM PALACE THE 28TH DAY OF SEPTEMBER, 1939

Present:

THE KING’S MOST EXCELLENT MAJESTY

LORD PRESIDENT LORD ATKIN

EARL OF LUCAN SECRETARY SIR KINGSLEY WOOD

WHEREAS by sub-section (3) of section 20 of the Finance Act, 1894, it is enacted that His Majesty may, by Order in Council, apply that section to any British possession where His Majesty is satisfied that, by the law of such possession, either no duty is leviable in respect of property situate in the United Kingdom when passing on death, or that the law of such possession as respects any duty so leviable is to the like effect as the foregoing provisions of that section:

AND WHEREAS by Article 14 of the Government of Ireland (Adaptation of the Taxing Acts) Order, 1922, it is provided that the reference to the United Kingdom in the said section 20 of the Finance Act, 1894, shall in the application of the provisions of that section to Northern Ireland, be construed as a reference to Northern Ireland:

AND WHEREAS His Majesty is satisfied that the law of Northern Rhodesia as respects the duty leviable in respect of property situate in Northern Ireland when passing on death is to the like effect as the provisions of sub-section (1) of section 20 of the Finance Act, 1894:

AND WHEREAS it is expedient that section 20 of the Finance Act, 1894, should be extended and applied as respects death duties payable in Northern Ireland to Northern Rhodesia accordingly:

AND WHEREAS by treaty, grant, usage, sufferance and other lawful means His Majesty has power and jurisdiction in Northern Rhodesia:

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers conferred on Him by the Foreign Jurisdiction Acts, 1890 and 1913, and the Finance Act, 1894, and of all other powers enabling Him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that section 20 of the Finance Act, 1894, as in force in Northern Ireland, shall extend and apply, as respects death duties payable in Northern Ireland, to Northern Rhodesia as from the sixth day of January, one thousand nine hundred and thirty-nine.

RUPERT B. HOWARTH

NOTE.-See the Income Tax Act, Chapter 323 of the Laws of Zambia, for an Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income concluded with the Government of the United Kingdom of Great Britain and Northern Ireland.

RHODESIA AND NYASALAND ACT: INDEX TO SUBSIDIARY LEGISLATION

FEDERATION OF RHODESIA AND NYASALAND (DISSOLUTION) ORDER IN COUNCIL

PART IDISSOLUTION OF THE FEDERATION

PART IITHE PUBLIC SERVICE

PART III…

PART IVCIVIL AIR TRANSPORT

PART VAGRICULTURAL RESEARCH

PART VIObsolete

PART VIIObsolete

PART VIIIMISCELLANEOUS

SCHEDULE I

PART A

PART B

PART C

PART D

PART E

PART F

PART G

PART H

SCHEDULE II

PART IINTERPRETATION OF TERMS

PART IIPENSIONS AND ALLOWANCES FOR PENSIONERS AT THE DATE OF THE DISSOLUTION OF THE FEDERATION

PART IIITERMINAL BENEFITS FOR PERSONS IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT WHO ARE NOT TRANSFERRED TO THE SERVICE OF THE GOVERNMENT OF A TERRITORY

PART IVPENSION RIGHTS OF PERSONS IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT TRANSFERRED TO THE SERVICE OF AN APPROVED GOVERNMENT, INSTITUTION OR

PART VTERMINAL BENEFITS FOR JUDGES OF THE FEDERAL SUPREME COURT

PART VIDISABILITY BENEFITS

PART VIIPAYMENTS INTO THE FUND

PART VIIIGENERAL

SCHEDULE III

ZAMBIA AND ZIMBABWE (BOUNDARIES) ACT APPENDIX 2

ZAMBIA AND ZIMBABWE (BOUNDARIES) ORDER IN COUNCIL

SCHEDULE

ADMINISTRATION OF JUSTICE ACT APPENDIX 3

ADMINISTRATION OF JUSTICE ACT

PART IIRECIPROCAL ENFORCEMENT OF JUDGMENTS IN THE UNITED KINGDOM AND IN OTHER PARTS OF HIS MAJESTY’S DOMINIONS

ORDER IN COUNCIL APPLYING PART II OF THE ADMINISTRATION OF JUSTICE ACT, 1920, TO NORTHERN RHODESIA

COLONIAL PROBATES ACT

COLONIAL PROBATES (PROTECTED STATES AND MANDATED TERRITORIES) ACT

RULES UNDER COLONIAL PROBATES ACT

APPENDIX

FORMS (COLONIAL PROBATES ACT, 1982)

ORDER IN COUNCIL APPLYING THE COLONIAL PROBATES ACT, 1892, TO NORTHERN RHODESIA

ORDER IN COUNCIL APPLYING TO NORTHERN RHODESIA SECTION 1 OF THE MARRIAGE OF BRITISH SUBJECTS (FACILITIES) ACT, 1915

ARBITRATION (FOREIGN AWARDS) ACT, 1930

PART IENFORCEMENT OF FOREIGN ARBITRAL AWARDS

PART IIAMENDMENT OF ARBITRATION CLAUSES (PROTOCOL) ACT, 1924, AND SHORT TITLE

ARTICLE 1

ARTICLE 2

ARTICLE 3

ARTICLE 4

ARTICLE 5

ARTICLE 6

ARTICLE 7

ARTICLE 8

ARTICLE 9

ARTICLE 10

ARTICLE 11

ARBITRATION (FOREIGN AWARDS) (NO. 3) ORDER

COLONIAL AND OTHER TERRITORIES (DIVORCE JURISDICTION) ORDER IN COUNCIL

NORTHERN RHODESIA (NON-DOMICILED PARTIES) DIVORCE RULES

SCHEDULE

GENEVA CONVENTIONS ACT APPENDIX 4

BRITISH PROTECTORATES (GENEVA CONVENTION) ORDER IN COUNCIL, 1917

BRITISH PROTECTORATES (GENEVA CONVENTION) ORDER IN COUNCIL, 1937

THE EVIDENCE ACT APPENDIX 5

EVIDENCE (COLONIAL STATUTES) ACT

ORDER IN COUNCIL EXTENDING THE EVIDENCE (COLONIAL STATUTES) ACT, 1907, TO NORTHERN RHODESIA

FIRST SCHEDULE

SECOND SCHEDULE

AFRICAN TERRITORIES (IMPERIAL STATUTE EXTENSION) ORDER

FOREIGN JURISDICTION ACT APPENDIX 6

FOREIGN JURISDICTION ACT, 1890

FIRST SCHEDULEThis Schedule has been extended by the Foreign Jurisdiction Act, 1913.*

SECOND SCHEDULE

THIRD SCHEDULE

FOREIGN JURISDICTION ACT, 1913

SCHEDULE

THE SOLICITORS ACT APPENDIX 7

OVERSEAS SOLICITORS (ADMISSION) ORDER

SCHEDULE 1

PART I
DISSOLUTION OF THE FEDERATION

PART II
THE PUBLIC SERVICE

PART III
…

PART IV
CIVIL AIR TRANSPORT

PART V
AGRICULTURAL RESEARCH

PART VI
Obsolete

PART VII
Obsolete

PART VIII
MISCELLANEOUS

PART I
INTERPRETATION OF TERMS

PART II
PENSIONS AND ALLOWANCES FOR PENSIONERS AT THE DATE OF THE DISSOLUTION OF THE FEDERATION

PART III
TERMINAL BENEFITS FOR PERSONS IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT WHO ARE NOT TRANSFERRED TO THE SERVICE OF THE GOVERNMENT OF A TERRITORY

PART IV
PENSION RIGHTS OF PERSONS IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT TRANSFERRED TO THE SERVICE OF AN APPROVED GOVERNMENT, INSTITUTION OR

PART V
TERMINAL BENEFITS FOR JUDGES OF THE FEDERAL SUPREME COURT

PART VI
DISABILITY BENEFITS

PART VII
PAYMENTS INTO THE FUND

PART VIII
GENERAL

PART II
RECIPROCAL ENFORCEMENT OF JUDGMENTS IN THE UNITED KINGDOM AND IN OTHER PARTS OF HIS MAJESTY’S DOMINIONS

PART I
ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

PART II
AMENDMENT OF ARBITRATION CLAUSES (PROTOCOL) ACT, 1924, AND SHORT TITLE

PART I
RETURN OF FUGITIVES

PART II
INTER-COLONIAL BACKING OF WARRANTS, AND OFFENCES

PART III
TRIAL, ETC., OF OFFENCES

PART IV
SUPPLEMENTAL