Passports Act, 2008
| Jurisdiction | Ireland |
| Citation | IR No. 4/2008 |
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Number 4 of 2008
PASSPORTS ACT 2008
REVISED
Updated to 25 May 2018
This Revised Act is an administrative consolidation of the Passports Act 2008. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 4 of 2008
PASSPORTS ACT 2008
REVISED
Updated to 25 May 2018
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1985, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Data Protection Act 2018 (7/2018)
• Gender Recognition Act 2015 (25/2015)
• Children and Family Relationships Act 2015 (9/2015)
All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Passports (Periods of Validity) Regulations 2008 (S.I. No. 414 of 2008)
• Passport (Appeals) Regulations 2008 (S.I. No. 413 of 2008)
• Passports Act 2008 (Commencement) Order 2008 (S.I. No. 412 of 2008)
All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.
Number 4 of 2008
PASSPORTS ACT 2008
REVISED
Updated to 25 May 2018
Acts Referred to
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1952, No. 25 |
|
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Adoption Act 1991 |
1991, No. 14 |
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Bail Act 1997 |
1997, No. 16 |
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Civil Registration Act 2004 |
2004, No. 3 |
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1988, No. 25 |
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Data Protection Acts 1988 and 2003 |
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Diplomatic and Consular Officers (Provision of Services) Act 1993 |
1993, No. 33 |
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1964, No. 7 |
|
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Intoxicating Liquor Act 2003 |
2003, No. 31 |
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1956, No. 26 |
|
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Irish Nationality and Citizenship Acts 1956 to 2004 |
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Licensing Acts 1833 to 2004 |
|
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1978, No. 4 |
|
|
Registration of Clubs Acts 1904 to 2004 |
Number 4 of 2008
PASSPORTS ACT 2008
REVISED
Updated to 25 May 2018
AN ACT TO PROVIDE FOR THE ISSUE BY THE MINISTER FOR FOREIGN AFFAIRS OF PASSPORTS TO IRISH CITIZENS TO BE USED BY THEM AS EVIDENCE OF IDENTITY AND CITIZENSHIP, TO PROVIDE FOR THE PROCESSING OF PERSONAL DATA, INCLUDING BIOMETRIC DATA, FOR THE ISSUE OF PASSPORTS AND THE MAINTENANCE OF THE INTEGRITY OF THE SYSTEM FOR ISSUING PASSPORTS, TO PROVIDE FOR THE CANCELLATION AND SURRENDER OF PASSPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE FOR OFFENCES RELATING TO PASSPORTS, TO PROVIDE FOR THE ISSUE OF EMERGENCY TRAVEL CERTIFICATES IN CERTAIN CIRCUMSTANCES, TO AMEND THE DIPLOMATIC AND CONSULAR OFFICERS (PROVISION OF SERVICES) ACT 1993 AND TO PROVIDE FOR RELATED MATTERS.
[26th March, 2008]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
...
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
... No. 4 of 2008 ... |
... Passports Act 2008 ... |
... Sections 8 ... |
PART 1
Preliminary and General
Short title and commencement.
1.— (1) This Act may be cited as the Passports Act 2008.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
Annotations
Editorial Notes:
E1
Power pursuant to section exercised (1.11.2008) by the Passports Act 2008 (Commencement) Order 2008 (S.I. No. 412 of 2008), art. 2.
2. The 1st day of November 2008 is appointed as the day on which the Passports Act 2008 (No. 4 of 2008), other than subsections (8) and (9) of section 14, comes into operation.
Definitions.
2.— In this Act, unless the context otherwise requires—
F1[…]
F2[‘Act of 2018’ means the Data Protection Act 2018;]
“applicant”, in relation to an application for a passport, means the person in whose name the passport will be issued if the application is granted;
F1[…]
F3[‘biometric data’ means biometric data within the meaning of—
(a) the Data Protection Regulation, or
(b) Part 5 of the Act of 2018;]
“certificate of birth” means—
(a) a document issued under section 13(4) of the Civil Registration Act 2004 in respect of an entry in the register of births,
(b) a certified copy of an entry in the Adopted Children Register maintained under section 22 of the Adoption Act 1952 which is issued under subsection (11) of that section,
(c) a document purporting to be a copy of an entry in a foreign births entry book or in the foreign births register, both of which are kept under section 27 of the Irish Nationality and Citizenship Act 1956, and which is duly authenticated as such,
(d) a document purporting to be a copy of an entry in the Register of Foreign Adoptions issued under section 6(7) of the Adoption Act 1991, or
(e) a document issued in accordance with a civil system of registration of births in the place where the birth occurs;
“child” means a person who is under 18 years of age other than a person who is or has been married;
F1[…]
F2[‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201635 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]
“emergency travel certificate” shall be construed in accordance with section 15;
“guardian”, in relation to a child, means a person who—
(a) is a guardian of the child pursuant to the Guardianship of Infants Act 1964, or
(b) is appointed to be a guardian of the child by—
(i) deed or will, or
(ii) order of a court in the State,
and has not been removed from office;
“Irish citizen” means a person who—
(a) is an Irish citizen under the Irish Nationality and Citizenship Acts 1956 to 2004, or
(b) acquires Irish citizenship under those Acts or any other...
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