Application by Local Ordinance

Application of Enactments Ordinances

In 1943 the Falkland Islands embarked on what turned into a lengthy exercise of producing an up to date consolidation of local statutory law.  This ultimately led to the 1951 Consolidation  of laws that was adopted in both the Falkland Islands and South Georgia and the South Sandwich Islands on 12 March 1953 (see Proclamations No.1 and No.2 of 1953).  Part of this work must have considered what English statutes should be adopted as first the Interpretation and General Law Ordinance 1949 and then the same Ordinance in its consolidated version – Interpretation and General Law Ordinance Cap 33 section 14(2) and Schedule provided:

14 Law of England in force
(1) The common law, rules of equity and the general statutes in force in England on the 22 day of  May 1900 shall be in force in the Colony in so far as the circumstances of the Colony permit, and provided they are not inconsistent with or repugnant to any Ordinance or Order in Council in which case the Ordinance or Order in Council shall prevail.

(2) So much of the enactments specified in the Schedule hereto as is not already in force in the Colony, and is capable of being applied therein by Ordinance, shall apply therein with such modifications as the circumstances of the Colony require.

Schedule
Section 14(2)
X No. IGCO 1977 No. Enactments
1 Merchant Shipping Acts, 1894-1948.
2 Married Women’s Property Act, 1907.
3 Protection of Animals Act, 1911.
4 Forgery Act, 1913.
X1 Criminal Law Amendment Act, 1924.
5 Trustee Act, 1925.
X2 Criminal Law Amendment Act, 1928.
6 Marriage (Prohibited Degrees of Relationship) Act, 1931.
X3 Sentence of Death (Expectant Mothers) Act, 1931.
X4 7 Children and Young Persons Act, 1933, sections 1 [and 53].
8 Counterfeit Currency (Convention) Act, 1935.
X5 Law Reform (Married Women and Tortfeasors) Act, 1935.
9 Infanticide Act, 1938.
10 Criminal Justice Act, 1948, section 2.

Notes:

  1. The Schedule to Interpretation and General Law Ordinance Cap 33 does not contain the title row in the Schedule.
  2. The current Interpretation and General Clauses Ordinance (1977) contains 10 of these enactments.  These are shown numbered 1-10 reflecting the numbering given to them in the Schedule to Interpretation and General Clauses Ordinance (1977).
  3. The Interpretation and General Clauses Ordinance (1977) and the Interpretation and General Clauses (Amendment) Ordinance 1978 were applied in South Georgia and the South Sandwich Islands by Application of Colony Laws Ordinances in 1977 and 1978 respectively.
  4. In the Schedule to Interpretation and General Law Ordinance Cap 33 each of the Acts is prefaced by the word ‘The’ – however those reproduced in the Interpretation and General Clauses Ordinance (1977) are not so prefaced hence not including it here.
  5. Of the two sections (sections 1 and 53) of Children and Young Persons Act, 1933 only section 1 is applied by Interpretation and General Clauses Ordinance (1977) hence the use of [  ] around [and 53].
  6. The enactments numbered X1-X3 and X5, and section 53 of Children and Young Persons Act 1933 (X4) are likely now only to have historic interest.  They are listed separately in the tabs below.

In 1954 and in the c.12 years that followed the Falkland Islands enacted a series of Ordinances that expressly applied with or without modifications around a further 70 or so English statutes to the Falkland Islands.   Some of those applied enactments were subject to subsequent amendments or dis-applied.   

Application of Colony Laws Ordinances were enacted for the Dependencies (ie including South Georgia and the South Sandwich Islands) applying those Falkland Islands laws to the Territories.  This necessarily had the effect of applying these English statutes to South Georgia and the South Sandwich Islands.

As noted above the Interpretation and General Law Ordinance (Cap 33) and Interpretation and General Clauses Ordinance (1977) also applied English statutes.  

The following table shows the position:

Ordinance FLK No. DS No. ACLO 1 No. Eng Stats 2 AEA Sched No 3 Date applied in SGSSI Date repealed in SGSSI
Interpretation and General Law Ordinance Cap 33 4 14

C1-10
X1-X55

12 Mar
1953

X1-X
Disapplied
11 Jul 19776
Application of Enactments Ordinance 1954 13 of 1954 1 of 1955 63 1-63 01 Nov 1954
Application of Enactments (Amendments) Ordinance 1955 2 of 1955 2 of 1957

Adds 1

64 01 Mar 1955
Application of Enactments (Amendments) Ordinance 1959 20 of 1959 3 of 1960

Adds 2

3A, 7A 02 Jan 1960
Application of Enactments (Amendments) Ordinance 1960 10 of 1960 2 of 1961

Amends 3

15, 31, 63 01 Nov 1960
Application of Enactments (Amendments) Ordinance 1962 2 of 1962 3 of 1962

Adds 1

65 01 Mar 1962 01 Nov 19667
Application of Enactments Ordinance 1962 4 of 1962 1 of 1964

Adds 5
Deletes 7

Adds
A1-A58
Deletes 6, 10, 25, 35, 54, 60, 61

01 May 1962
Application of Enactments (Amendments)(No.2) Ordinance 1962 13 of 1962 1 of 1964

Amends 1

Amends 65  04 Dec 1962 01 Nov 19669
Application of Enactments (Amendments)(No.3) Ordinance 1962 14 of 1962 1 of 1964

Adds 2

66, 67 04 Dec 1962
Application of Enactments (Intestates’ Estates and Family Provision) Ordinance 1964 10 of 1964 2 of 1965

Adds 2

Adds B1-B210

01 Nov 1964
Interpretation and General Clauses Ordinance (1977)11 14 of 1977 1 of 1977

Maintains 10

C1-C10 21 Sep 1977

1 Application of Colony Laws Ordinance.
2 This column shows the number of statutes
3 The numbers in this column refer to the number given to each statute in the relevant schedule
4 Applied by Proclamation No2 of 1953
5 See notes above
6 Retrospective commencement date given in Application of Colony Laws Ordinance 1978 – note commencement date of Interpretation and General Clauses 7 Ordinance (1977) was set as 21 September 1977 by Application of Colony Laws Ordinance 1977!
7 By Application of Colony Laws (Repeal) Ordinance 1966 (DS No.3 of 1966)
8 Not added to the AEA 1954 Schedule. Listed on this website as A1-A5
9 Retrospectively by Application of Colony Laws (Repeal) Ordinance 1966 (DS No.3 of 1966)
10 Not added to the AEA 1954 Schedule. Listed on this website as B1-B2
11 Note it was the Interpretation and General Law (Amendment) Ordinance 1978 and Application of Colony Laws Ordinance 1978 that inserted s81A and the Schedule into Interpretation and General Clauses Ordinance (1977) retrospectively – dates shown here are for the original 1977 Ordinance.

The following tabs set out the position for each enactment:

Application of Enactments Ordinance 1954 (as amended)

TitleFile SizeLink
01 Licensing Act 1902 c.2898 KB
02 Extradition Act 1906 c.1596 KB
03 Prevention of Corruption Act 1906 c.34108 KB
03A Marine Insurances Act 1906 c.4184 KB
04 Probation of Offenders Act, 1907 c.1785 KB
05 Fatal Accidents (Damages) Act 1908 c.792 KB
06 Punishment of Incest Act, 1908 c.45117 KB
07 Law of Distress (Amendment) Act, 1908 c.5382 KB
07A Marine Insurances (Gambling Policies) Act 1909 c.12105 KB
08 Oaths Act 190999 KB
09 Perjury Act 191182 KB
10 Criminal Law Amendment Act 191287 KB
11 Prisoners (Temporary Discharge for Ill health) Act 1913105 KB
12 Bankruptcy & Deeds of Arrangement Act, 191390 KB
13 Affiliation Orders Act 191483 KB
14 Deeds of Arrangement Act 1914 c.4782 KB
15 Criminal Justice Administration Act 1914126 KB
16 Bankruptcy Act, 191491 KB
17 Indictments Act, 191581 KB
18 Evidence (Amendment) Act 191582 KB
19 Larceny Act 191683 KB
20 Prevention of Corruption Act 191685 KB
21 Bills of Exchange (Time of Noting) Act 191782 KB
22 Animals (Anaesthetics) Act 191981 KB
23 Married Women (Maintenance) Act 192082 KB
24 Gaming Act 192282 KB
25 Criminal Law Amendment Act 192287 KB
26 Bastardy Act 1923105 KB
27 Administration of Estates Act 192583 KB
28 Guardianship of Infants Act 192583 KB
29 Supreme Court of Judicature (Consolidation) Act, 1925161 KB
30 Summary Jurisdiction (Separation and Maintenance) Act 192584 KB
31 Criminal Justice Act 1925146 KB
32 Adoption of Children Act 192696 KB
33 Legitimacy Act, 192682 KB
34 Administration of Justice Act 1928102 KB
35 Criminal Law Amendment Act 1928119 KB
36 Age of Marriage Act, 192981 KB
37 Extradition Act, 183289 KB
38 Children and Young Persons Act 193387 KB
39 Protection of Animals (Cruelty to Dogs) Act 1933103 KB
40 Administration of Justice (Miscellaneous Provisions) Act 193389 KB
41 Arbitration Act 193481 KB
42 Law Reform (Miscellaneous Provisions) Act 1934128 KB
43 Vagrancy Act 1935103 KB
44 Law Reform (Married Women and Tortfeasors) Act 1935152 KB
45 Coinage Offences Act 193682 KB
46 Evidence Act 1938126 KB
47 Administration of Justice (Miscellaneous Provisions) Act 1938110 KB
48 Limitation Act 193983 KB
49 Law Reform (Frustrated Contracts) Act 1943113 KB
50 Law Reform (Contributory Negligence) Act 1945116 KB
51 Treason Act 1945121 KB
52 Coinage Act 194683 KB
53 Crown Proceedings Act 194788 KB
54 Attempted Rape Act 194892 KB
55 Law Reform (Personal Injuries) Act 1948112 KB
56 Criminal Justice Act 1948306 KB
57 Marriage Act 1949148 KB
58 Married Women (Maintenance) Act 194982 KB
59 Law Reform (Miscellaneous Provisions) Act 194987 KB
60 Adoption of Children Act 195089 KB
61 Criminal Law (Amendment) Act 1951105 KB
62 Guardianship and Maintenance of Infants Act 195199 KB
63 Magistrates Court Act 1952104 KB
64 Merchandising Marks Act 1953105 KB
65 Administration of Justice Act 1956102 KB
66 Adoption Act 196096 KB
67 Suicide Act 1961149 KB

Application of Enactments Ordinance 1962

TitleFile SizeLink
A1 Sexual Offences Act 1956101 KB
A2 Adoption Act 1958114 KB
A3 Fatal Accidents Act 195991 KB
A4 Obscene Publications Act 1959146 KB
A5 Legitimacy Act 1959146 KB

Application of Enactments (Intestates’ Estates and Family Provision) Ordinance 1964

TitleFile SizeLink
B1 The Intestates’ Estate Act 195290 KB
B2 Inheritance (Family Provision) Act 193891 KB

Interpretation and General Law Ordinance (Cap 33) and Interpretation and General Law Ordinance (1977)

TitleFile SizeLink
C01 Merchant Shipping Acts 1894 194886 KB
C02 Married Women’s Property Act 190787 KB
C03 Protection of Animals Act 191185 KB
C04 Forgery Act 191385 KB
C05 Trustee Act 192586 KB
C06 Marriage (Prohibited Degree of Relationship) Act 193187 KB
C07 Children and Young Persons Act 1933112 KB
C08 Counterfeit Currency (Convention) Act 193586 KB
C09 Infanticide Act 1938104 KB
C10 Criminal Justice Act 194890 KB