Passport (Amendment) Regulations, 2023

L.N. 193 of 2023

PASSPORTS ORDINANCE

(CAP. 61)

Passport (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 9 of the

Passports Ordinance, the Minister responsible for matters relating to

passports has made the following regulations:-

The title of these regulations is the Passport (Amendment) Citation.

Regulations, 2023 and these regulations shall be read and construed as

one with the Passport Regulations, hereinafter referred to as "the S.L. 61.02.

principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) in paragraph (c) of sub-regulation (1) thereof, the

words "in terms of the provisions of regulation 2A," shall be

substituted by the words "in terms of the provisions of regulation

2A; or" and immediately after there shall be added the following

new paragraphs

"(d) persons who have been declared to be

stateless by the pertinent Maltese authorities in

accordance with the provisions of the 1954 United

Nations Convention relating to the Status of Stateless

Persons; or

(e) persons who have been granted protection by

the International Protection Agency, and their family

members who are so entitled, in accordance with the

provisions of the International Protection Act and any

regulations made thereunder,"; and

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) In these regulations, unless the context

otherwise requires

"Commonwealth citizen" shall have the same

meaning as assigned to it in article 23 of the

Constitution;

"diplomatic passport" means a passport issued

to a person following an authorisation by the

Permanent Secretary responsible for Foreign

Affairs, or any other officer authorised for the

purpose by the Permanent Secretary to act on his

behalf;

"Identity Malta Agency" means the Agency

established by the Identity Malta Agency

(Establishment) Order;

"Ordinance" means the Passports Ordinance;

"passport" means a travel document issued in

accordance with the provisions of the specifications

of Regulation (EC) No 444/2009 of the European

Parliament and of the Council of 28 May 2009

amending Council Regulation (EC) No 2252/2004

on standards for security features and biometrics in

passports and travel documents issued by Member

States and includes a Travel Convention Document

issued to persons granted refugee status in

accordance with the provisions of the International

Protection Act and subsidiary legislation thereof;

"passport officer" means the Director of the

Passport Office, who shall be a senior official of

Identity Malta Agency appointed by the Chief

Executive Officer of the said Agency, or any officer

designated by the Director of the Passport Office to

act on his behalf for the purposes of these

regulations and of the Ordinance.".

Regulation 2A of the principal regulations shall be

substituted by the following new regulation

"2A. (1) In the case of persons mentioned in

regulation 2(1)(c), (d) and (e), a travel document or

passport issued under these regulations shall

(a) be of a different colour and have

different wording which distinguish it from

passports issued to persons mentioned in regulation

2(1)(a) and (b);

(b) be indicated as an "Alien Travel

Document" or as an "Alien’s Passport", as the case

may be;

(c) be valid for a period of three (3) years

from the date of issue

Provided that the passport officer may,

on grounds of public policy, specify in any such

travel document or passport a shorter period of

validity.

(2) The provisions of regulation 9(2) shall not

apply with respect to "Alien Travel Document" or an

"Alien’s Passport".".

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) in sub-regulation (2) thereof, the words "shall be

completed by the father and the mother of by the tutor or by the

curator of the child" shall be substituted by the words "shall be

completed by both parents or by the tutor or curator of the child";

(b) sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) Children under eighteen (18) years of age shall

not be granted passport facilities without the written

consent of both their parents or, if both parents are dead, of

their tutor or curator. If, while either of the parents is alive,

any other person claims to be the tutor or curator of the

child, he must produce to the passport officer a copy of the

court order committing the child to his or her tutorship or

custody

Provided that in the event that the written

consent of either of the parents, if both parents are alive,

cannot otherwise be obtained for any reason, the other

parent shall file an application before the Civil Court

(Family Section) requesting the Court to order, after

considering the best interests of the child, that the passport

of the minor is issued without the consent of the parent who

has not consented. In its decree, the Court shall also

indicate whether such decree shall be limited to that

passport application, or if it also applies to other future

passport applications concerning the same minor

Provided further that no court order is required

in cases where the competent court has already authorised

the dispensation of the consent of any of the parents.".

Regulation 4 of the principal regulations shall be amended

as follows

(a) in paragraph (d) of sub-regulation (1) thereof, the

words "the Director of Passport and Civil Registration" shall be

substituted by the words "the Director of the Passport Office";

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) in paragraph (a) thereof, the words "the

Director of Passport and Civil Registration", wherever they

occur, shall be substituted by the words "the Director of the

Passport Office"; and

(ii) in paragraph (b) thereof, the words "the signing

of the declaration." shall be substituted by the words "the

signing of the declaration:" and immediately after there

shall be added the following new proviso

"Provided that in the case of a passport

application by persons mentioned in regulation 2(1)(c), (d),

and (e), the recommender must have been personally

acquainted with the applicant for at least six (6) months

immediately preceding the signing of the declaration.";

(c) in sub-regulation (3) thereof, the words "at his

discretion" shall be substituted by the words "in accordance with

public policy";

(d) in sub-regulation (4) thereof, immediately after the

words "completed and signed by any Commonwealth citizen"

there shall be added the words "or citizen of the European

Union"; and

(e) in sub-regulation (5) thereof, the words "at his

discretion" shall be substituted by the words "in accordance with

public policy".

Regulation 5 of the principal regulations shall be amended

as follows

(a) in the proviso to sub-regulation (1) thereof, the words

"have his photograph and biometric data taken by an authorised

officer." shall be substituted by the words "have his photograph

and biometric data taken by an officer, or responsible person so

authorised by the passport officer as approved by the Chief

Executive Officer of Identity Malta Agency.";

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) When a name and, or surname is composed of

more than one name and, or surname and all names and, or

surnames are altogether of a greater length than is

technically possible to be written down on the passport, the

passport officer may limit such names and, or surnames as

are to be written down on the passport, in such manner that

there shall always be included the first names and, or

surnames, as the case may be."; and

(c)

the proviso to sub-regulation (2) thereof shall be

deleted.

Regulation 6 of the principal regulations shall be Substitutes

regulation 6 of

substituted by the following new regulation

the principal

regulations.

"6. (1) Passports issued through the passport

officer shall remain the property of the Government and

may, for a valid justified reason, at any time after issue be

invalidated, withdrawn or cancelled.

(2) Where the competent court has issued a

warrant of prohibitory injunction in accordance with

article 877 of the Code of Organization and Civil

Procedure, the passport officer may request the assistance

of the Executive Police to withdraw the passport already

issued in respect of the minor, and any other passport

which includes the name of the minor.".

Sub-regulation (2) of regulation 7 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(2) The possession of a passport or a travel document,

which is issued by the passport officer, by a person who is not a

citizen of Malta, does not automatically entitle the holder thereof

to re-enter Malta.".

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) immediately after the words "Passports issued

by the passport officer" there shall be added the words "to

citizens of Malta,"; and

(ii) in the proviso thereof, the words "at his

discretion" shall be substituted by the words "on grounds of

public policy"; and

(b) in sub-regulation (3) thereof, immediately after the

words "to which the holder intends to travel," there shall be

added the words "or any other justified reason,".

Regulation 10 of the principal regulations shall be deleted.

In regulation 12 of the principal regulations, immediately

after the words "marginal note appearing thereon." shall be substituted

by the words "marginal note appearing thereon:" and immediately after

there shall be added the following new provisos

"Provided that and without prejudice to these

regulations, the passport officer may also, in the case of

an application for the issuance of a diplomatic passport,

receive the said application in an electronic format

through an electronic portal created for this purpose, by

means of a Form, known as Form A, which can be signed

manually or electronically in terms of Regulation (EU)

No 910/2014 of the European Parliament and of the

Council of 23 July 2014 on electronic identification and

trust services for electronic transactions in the internal

market and repealing Directive 1999/93/EC

Provided further that the application for the

issuance of a diplomatic passport submitted through the

electronic portal created for this purpose, may also be

completed electronically and without the necessity to be

completed in the handwriting of any of the persons

mentioned in regulation 3.".

€0.54