(i) the creation and regulation of any corporate body or other authority to exercise functions in respect of more than one Territory; or
(ii) the establishment and regulation of schools for special
categories of pupils; or
(iii) the regulation of veterinary research, animal health, and tsetse control and research, and the establishment of such services as may be necessary for that purpose.
(c) The Legislature of a Territory will also, subject as afore- said, have power to delegate to the Federal Legislature authority to legislate for such Territory with respect to any non-Federal matter which, in the opinion of the Territorial Legislature, is ancillary to, or closely related to, any Federal or Concurrent matter and should be provided for in a Federal law which deals with such Federal matter or Concurrent matter: Provided that, when it so delegates authority to legislate with respect to any non-Federal matter, a Territorial Legis- lature will be required to specify the Federal or Concurrent matter to which, in its opinion, the non-Federal matter relates or is ancillary, and the Federal Legislature will not legislate with respect to such non- Federal matter except by a law which also deals with such Federal or Concurrent matter.
(3) (a) Either Legislature will have power to revoke any legisla- tive authority which it has delegated to the other.
(b) Any law by which legislative authority is delegated by one Legislature to the other will prescribe a period of notice which must be given before such authority is revoked; and, except with the concurrence of the other Legislature, the delegating Legislature will not revoke the delegated authority except after giving the prescribed notice of its intention so to do.
(4) When any legislative authority delegated by the Federal Legislature to a Territorial Legislature is revoked or spent, any law which has been enacted by the Territorial Legislature in pursuance of that authority will remain in force but will be subject to amendment and repeal by the Federal Legislature.
Likewise, when any legislative authority delegated by a Territorial Legislature to the Federal Legislature is revoked or spent, any law which has been enacted by the Federal Legislature in pursuance of that authority will remain in force but will be subject to amendment and repeal by the Territorial Legislature.
(5) When authority to legislate with respect to any matter is delegated by the Federal Legislature to a Territorial Legislature or vice versa, this will not preclude the delegating Legislature from itself continuing to legislate with respect to such matter i.e. the Federation and the Territory will (until the delegated authority is revoked or spent) have concurrent powers of legislation within the delegated field, with Federal law prevailing over Territorial law in case of inconsistency.
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PART 2. DEFINITION OF FEDERAL LEGISLATIVE POWERS
1. Fed Pag@gisßv© f£300
Page 135 Federal
First Part The Exclusive List
(Matters on which the Federal Legislature alone will be empowered to make laws.)
1. External Affairs.(®)
2. Extradition, including the surrender of criminals and accused persons to parts of Her Majesty's dominions outside the Federation.
3. Defence.
4. Immigration.
5. Aliens.
6. Citizenship of the Federation.
7. Import and Export Control, Exchange Control and Promotion
of Exports.
8. Control of the distribution and of the wholesale and retail price of such manufactured and unmanufactured commodities as the Governor-General may from time to time specify.
9. Customs and Excise.
10. Currency, coinage and legal tender.
11. Companies and Corporations.
12. Insurance.
13. Bills of Exchange and Promissory Notes.
14. Copyright, Patents, Trade Marks and Designs.
15. The construction, alteration and maintenance of all roads (insofar as they lie within the Federation) scheduled as inter- territorial in the Final Act of the Johannesburg Transport Con- ference, 1950, and any other inter-territorial roads which at any future time may be prescribed in that behalf by Federal law. 16. Railways and ancillary services (including ancillary transport.
services).
17. Aviation, aerodromes and ancillary services (including safety of
aircraft, and ancillary transport services).
18. Meteorology.
19. Posts and Telecommunications (including Telephones). 20. Broadcasting (including Television and Rediffusion).
21. Supply of Electricity.
22. Radio-active minerals and the generation, supply and use of
Atomic Energy.
23. Primary and Secondary Education of persons other than Africans.
(5) The precise form in which certain of these matters would ultimately be written into the Constitution may be affected by the recommendations of the Fiscal Com- mission. The terms of reference of this Commission are set out in Chapter VI.
(6) See Chapter II, Part 1 paragraph 2 (5) and footnote (28)
(28) to Chapter IV
paragraph E Page 133 of qua
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footage
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Legislative List.
157
24. Higher Education (including Higher Education of Africans),
that
is to say, institutions offering piechother matters as the Page bood essional character,
bessional
ourses of university, techno-
Governor-General in his discretion may, by regulations, define as higher education.
25. Weights and Measures.
26. Archives.
27. The Federal Public Service.
28. Audit of Federal Public Accounts.
29. Federal Supreme Court (subject to the provisions of the Con-
stitution)(8)
30. Establishment and constitution of any Federal Courts other than
the Federal Supreme Court.
31. Legal proceedings between the Federal Government and Terri-
torial Governments or between Territorial Governments.
32. Legal proceedings by and against the Federal Government.
Second Part-The Concurrent List
(Matters on which both the Federal Legislature and the Territorial Legislatures will be empowered to make laws, with Federal law prevailing in case of inconsistency.)
33. Deportation.
34. Movements of persons from one Territory to another.
35. Purchase and Sale of Commodities by Governments.
36. Marketing Boards (subject to item 8 above).
37. Development of Industries.
38. Banks and Banking (subject to further examination by the
Fiscal Commission).")
39. Bankruptcy and Insolvency.
40. Hire Purchase.
41. Roads, other than those referred to in item 15 above.
42. Road-Rail Crossings.
43. Regulation of Road Traffic.
44. Water, including canals and other inland waters catchment areas, water supply and storage, water power, irrigation, drain- age and embankments, control of silt, and riparian rights.
45. Distribution of Electricity.
46. Scientific and Industrial Research, other than veterinary and
tsetse research.
47. The service and execution in any Territory of the Civil and Criminal Processes and Judgments (including Decrees, Orders, Convictions, Sentences and Decisions) of the Courts of any other Territory.
(7) It is intended by this item that the Federation should have power to provide courses of training for which the general educational entrance qualification would be at or above the Overseas School Certificate level or its equivalent. It may be in the public interest, however, for such institutions to offer ancillary or additional courses for which this entrance qualification will not necessarily be required.
(8) See Chapter II, Part 3, paragraphs 3 (1) (h), 13 and 14 (5) and Chapter VIII.
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