Cyprus Act
1960
1960
CHAPTER 52
An Act to make
provision for, and in connection with, the establishment of an independent
republic in Cyprus
[29th July 1960]
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:Ð
1 Establishment of
the Republic of Cyprus as an independent sovereign country
Her Majesty may by Order
in Council (to be laid before Parliament after being made) declare that the
constitution designated in the Order as the Constitution of the Republic of
Cyprus shall come into force on such day as may be specified in the Order; and
on that day there shall be established in the Island of Cyprus an independent
sovereign Republic of Cyprus, and Her Majesty shall have no sovereignty or
jurisdiction over the Republic of Cyprus.
NOTES
Initial Commencement
Royal Assent
Royal Assent: 29 July
1960: (no specific commencement provision).
2 The Sovereign Base
Areas
(1) The
Republic of Cyprus shall comprise the entirety of the Island of Cyprus with the
exception of the two areas defined as mentioned in the following subsection,
andÑ
(a) nothing in the foregoing section shall
affect Her MajestyÕs sovereignty or jurisdiction over those areas;
(b) the power of Her Majesty to make or
provide for the making of laws for the said areas shall include power to make
such laws (relating to persons or things either within or outside the areas)
and such provisions for the making of laws (relating as aforesaid) as appear to
Her Majesty requisite for giving effect to arrangements with the authorities of
the Republic of Cyprus.
(2) The boundaries of the said areas shall,
subject to the provisions of this section, be those defined by the maps,
photographs and descriptive matter, authenticated by the signature of the
Secretary of State, which have been deposited at the Commonwealth Relations
Office and presented to Parliament by the Secretary of State by Command of Her
Majesty.
(3) If Her Majesty by Order in Council
declares that arrangements have been madeÑ
(a) for the demarcation of the said
boundaries by two or more Commissioners appointed as specified in the
arrangements;
(b) for the determination, in default of
agreement between the Commissioners, of any question as to the interpretation
of the maps, photographs or descriptive matter; and
(c) for the variation of the boundaries, as
defined by the maps, photographs and descriptive matter, by agreement between
the Commissioners where it appears to them expedient to do so on any grounds
specified in the arrangements,
and that the
Commissioners have made a report that the boundaries have been demarcated in
accordance with the arrangements, then as from such date not earlier than the
date of the report as may be specified in the Order in Council the boundaries
of the said areas shall be the boundaries demarcated by the Commissioners.
NOTES
Initial Commencement
Royal Assent
Royal Assent: 29 July
1960: (no specific commencement provision).
3 Operation of
existing laws
(1) On and after the appointed day any
existing law which operates as law of, or of any part of, the United Kingdom,
being a law applying in relation to Cyprus or persons or things in any way
belonging thereto or connected therewith, shall, save as provided after the
passing of this Act by the authority having power to amend or repeal that law
or by the following provisions of this Act, continue to apply in like manner in
relation to the Republic of Cyprus or persons or things in any way belonging
thereto or connected therewith:
Provided that, save as aforesaid
and subject to the provisions of the Schedule to this Act, any such law which
contains different provision with respect to a Commonwealth country mentioned
in subsection (3) of section one of the British Nationality Act 1948 and
with respect to parts of Her MajestyÕs dominions outside the United Kingdom not
so mentioned, or expressly excludes any such Commonwealth country to any
extent, shall apply in like manner and to the like extent (if any) with respect
to the Republic of Cyprus as it applies with respect to the said Commonwealth
country.
(2) As from the appointed day, the provisions
of the Schedule to this Act shall have effect with respect to the enactments
therein mentioned.
(3) Her Majesty may by Order in Council make
such further adaptations (whether in relation to the Republic of Cyprus or in
relation to the areas mentioned in subsection (1) of section two of this Act)
in any Act of the Parliament of the United Kingdom passed before the appointed
day, or in any instrument having effect under any such Act, as appear to Her
necessary or expedient in consequence of the establishment of the Republic of
Cyprus.
(4) An Order in Council under this section
may be varied or revoked by a subsequent such Order and may, though made after
the appointed day, be made so as to have effect from that day.
(5) An Order in Council under this section
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
(6) In this section Òexisting lawÓ means any
Act of Parliament (other than this Act) or other enactment or instrument whatsoever,
and any rule of law, which is in force on the appointed day or, having been
passed or made before the appointed day, comes into force after that day; and
subsection (1) of this section shall apply in relation to existing law which
operates as law of, or of any part of, Southern Rhodesia or any colony,
protectorate or United Kingdom trust territory as it applies in relation to
existing law which operates as law of, or of any part of, the United Kingdom,
except that that subsectionÑ
(a) shall not apply in relation to any law
passed by the Federal Legislature of Rhodesia and Nyasaland;
(b) shall apply in relation to other law of,
or of any part of, Southern Rhodesia so far only as concerns law which can be
amended neither by a law passed by the Legislature thereof nor by a law passed
by the said Federal Legislature; and
(c) shall apply in relation to other law of,
or of any part of, Northern Rhodesia or Nyasaland so far only as concerns law
which cannot be amended by a law passed by the said Federal Legislature.
Reference in this
subsection to a colony, a protectorate and a United Kingdom trust territory
shall be construed as if they were references contained in the British
Nationality Act 1948.
(7) Nothing
in this section shall be construed as continuing in force any enactment or rule
of law limiting or restricting the legislative powers of the Republic of
Cyprus.
(8) Nothing
in this section shall be construed as requiring the application of any existing
law to the Republic of Cyprus and the areas mentioned in subsection (1) of
section two of this Act as one country.
NOTES
Initial Commencement
Royal Assent
Royal Assent: 29 July
1960: (no specific commencement provision).
Appointed Day
Appointed day: 16 August
1960.
4 Citizenship
(1) For the purpose of giving effect to any
agreement for the establishment of the Republic of Cyprus, Her Majesty may by
Order in Council provide that persons of such descriptions as may be specified
in the Order shall cease to be citizens of the United Kingdom and Colonies on
such date as may be so specified, and different dates may be specified in
relation to different descriptions of persons:
Provided that a married woman
shall not cease by virtue of an Order under this section to be a citizen of the
United Kingdom and colonies if on the date on which she would do so her husband
is a citizen of the United Kingdom and Colonies and does not cease to be such a
citizen on that date.
(2)Ð(4) .
. .
(5) An Order in Council under this section
may be varied or revoked by a subsequent such Order.
(6) An Order in Council under this section
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
(7) . .
.
NOTES
Initial Commencement
Royal Assent
Royal Assent: 29 July
1960: (no specific commencement provision).
Amendment
Sub-ss (2)Ð(4), (7):
repealed by the British Nationality Act 1981, s 52, Sch 9.
Appointed Day
Appointed day: 16 August
1960.
5 . . .
. . .
NOTES
Amendment
Repealed by the Statute
Law (Repeals) Act 1977, s 1(1), Sch 1, Pt XV.
6 Provision in event
of change in relationship of Republic to the Commonwealth
(1) For the purpose of giving effect to any
decision that the Republic of Cyprus shall not be a country [mentioned in Schedule
3 to the British Nationality Act 1981, Her Majesty may by Order in Council
remove the Republic of Cyprus from that Schedule.]
(2) An Order in Council under this section
may provide either that all the provisions of section three of this Act and of
the Schedule thereto (except in so far as they relate to the areas mentioned in
subsection (1) of section two of this Act) shall cease to have effect or that
those provisions shall continue in force to such extent and subject to such
modifications as may be specified in the Order, may make such adaptations or
modifications of any Act (other than this Act) in force at the making of the
Order or passed before then and coming into force thereafter, or any instrument
having effect under any such Act, as appear to Her Majesty in Council expedient
for the purposes or in consequence of the Order, and may contain incidental,
consequential and supplemental provisions.
(3) An Order in Council under this section
may be varied or revoked by a subsequent such Order, and any amending Order may
be made so as to have effect from any date not earlier than the making of the
Order amended.
(4) No recommendation shall be made to Her
Majesty in Council to make an Order in Council under this section unless a
draft of the Order has been laid before Parliament and approved by a resolution
of each House of Parliament.
NOTES
Initial Commencement
Royal Assent
Royal Assent: 29 July
1960: (no specific commencement provision).
Amendment
Sub-s (1): words in
square brackets substituted by the British Nationality Act 1981, s 52(6),
Sch 7.
Appointed Day
Appointed day: 16 August
1960.
7 Short title and
interpretation
(1) This Act may be cited as the Cyprus Act
1960.
(2) In this Act Òthe appointed dayÓ means the
day specified by Order in Council under section one of this Act, Òthe Island of
CyprusÓ includes any islands included in Cyprus before the appointed day, and
references to the Island of Cyprus or any part thereof include references to
the territorial waters of the Island or part.
NOTES
Initial Commencement
Royal Assent
Royal Assent: 29 July
1960: (no specific commencement provision).
Appointed Day
Appointed day: 16 August
1960.
SCHEDULE
PROVISIONS AS TO
ENACTMENTS
Section 3
1Ð4
. . .
5
Section four of the Visiting
Forces (British Commonwealth) Act 1933 (which deals with attachment and
mutual powers of command) shall apply in relation to forces raised in the
Republic of Cyprus as it applies in relation to forces raised in Dominions
within the meaning of the Statute of Westminster 1931.
6Ð8
. . .
9
. . .
10, 11
. . .
12
The power conferred by
section five of the Seal Fisheries (North Pacific) Act 1912, to extend
certain provisions of that Act to Cyprus shall cease to be exercisable, and the
words Òand to CyprusÓ in subsection (1) of that section are hereby repealed.
13, 14
. . .
NOTES
Initial Commencement
Royal Assent
Royal Assent: 29 July
1960: (no specific commencement provision).
Amendment
Para 1: repealed by the British Nationality Act 1981, s 52, Sch 9.
Para 2: repealed by the Finance Act 1987, s 72, Sch 16, Pt XI.
Para 3: amends the Import Duties Act 1958, s 2(4).
Para 4: amends the Army Act 1955, s 225(1), the Air Force Act
1955, s 223(1) and the Naval Discipline Act 1957, s 135(1).
Para 6: amends the Visiting Forces Act 1952, s 1(1).
Para 7: amends the Income Tax Act 1952, s 461(2), (3).
Para 8: amends the Diplomatic Immunities (Commonwealth Countries
and Republic of Ireland) Act 1952, s 1(6).
Para 9: repealed by the Statute Law (Repeals) Act 1998.
Date in force: 19 November 1998: (no specific commencement
provision).
Para 10: repealed by the Merchant Shipping Act 1995, s 314(1), Sch
12.
Para 11: repealed by the Emergency Laws (Re-enactments and
Repeals) Act 1964, s 22(2), Sch 11.
Para 13: repealed by the Copyright, Designs and Patents Act 1988,
s 303(2), Sch 8.
Para 14: repealed by the Family Law Act 1986, s 68(2), Sch 2.