1 Independence for Tuvalu.

(1) On and after 1st October 1978 (in this Act referred to as “ Independence Day ”) Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of Tuvalu.

(2) No Act of the Parliament of the United Kingdom passed on or after Independence Day shall extend, or be deemed to extend, to Tuvalu as part of its law; and on and after that day the provisions of Schedule 1 of this Act shall have effect with respect to the legislative powers of Tuvalu.

2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14 Consequential modifications of other enactments. _cross-notes

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2 (2) On and after Independence Day—

(a) ^M1,M2,M3 the expression “colony” in the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 shall not include Tuvalu; and

(b) in the definitions of “Commonwealth force” in section 225(1) and 223(1) respectively of those Acts of 1955, and in the definition of “Commonwealth country” in section 135(1) of that Act of 1957, at the end there shall be added the words “or Tuvalu”;

^M4 and no Order in Council made on or after Independence Day under section 1 of the Armed Forces Act 1976 which continues either of those Acts of 1955 or that Act of 1957 in force for a further period shall extend to Tuvalu as part of its law.

(3) On and after Independence Day the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified.

(4) Subsection (3) above and Schedule 2 to this Act shall not extend to Tuvalu as part of its law.

5 Interpretation.

(1) In this Act, and in any amendment made by this Act in any other enactment, “ Tuvalu ” means the territories which immediately before Independence Day constitute the colony of Tuvalu.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3 (3) References in this Act to any enactment are references to that enactment as amended or extended by or under another enactment.

6 Short title.

This Act may be cited as the Tuvalu Act 1978.

SCHEDULES

Section 1(2).

SCHEDULE 1 Legislative Powers of Tuvalu

1 ^M5The Colonial Laws Validity Act 1865 shall not apply to any law made on or after Independence Day by the legislature of Tuvalu.

2 No law and no provision of any law made on or after Independence Day by that legislature shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any Act of the Parliament of the United Kingdom, including this Act, or to any order, rule or regulation made under any such Act, and accordingly the powers of that legislature shall include the power to repeal or amend any such Act, order, rule or regulation in so far as it is part of the law of Tuvalu.

3 The legislature of Tuvalu shall have full power to make laws having extraterritorial operation.

4 Without prejudice to the generality of the preceding provisions of this Schedule—

^F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ^M6section 4 of the Colonial Courts of Admiralty Act 1890(which requires certain laws to be reserved for the signification of Her Majesty’s pleasure or to contain a suspending clause), and so much of section 7 of that Act as requires the approval of Her Majesty in Council to any rules of court for regulating the practice and procedure of a Colonial Court of Admiralty, shall cease to have effect in Tuvalu.

Section 4(3).

SCHEDULE 2 Amendments Not Affecting The Law of Tuvalu

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5 Visiting forces

2 ^M7,M8 In the Visiting Forces (British Commonwealth) Act 1933, section 4 (attachment and mutual powers of command) shall apply in relation to forces raised in Tuvalu as it applies to forces raised in Dominions within the meaning of the Statute of Westminster 1931.

3 _C2^M9 In the Visiting Forces Act 1952—

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

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

and, until express provision with respect to Tuvalu is made by an Order in Council under section 8 of that Act (application to visiting forces of law relating to home forces), any such Order for the time being in force shall be deemed to apply to visiting forces of Tuvalu.

Ships and aircraft

^F6 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 ^M10 In the Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Tuvalu.

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7 Colonial stock

^F8 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commonwealth Institute

^F9 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .