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  No. Eng Stats AEA Sched No 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.

Application of Enactments Ordinance 1954 (as amended)