Civil Law (Miscellaneous Provisions) Act 2008
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PART 5 Statutory Declarations | ||
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Amendment of section 2 of Statutory Declarations Act 1938. |
49.— Section 2 of the Statutory Declarations Act 1938 is amended— | |
(a) by substituting the following for subsection (2): | ||
“(2) Save as is otherwise provided by this section, a person (‘the first-mentioned person’) shall not take or receive a statutory declaration from another person (‘ the declarant ’) unless— | ||
(a) the declarant is personally known to the first-mentioned person or is identified to him or her by a person who is personally known to him or her, or | ||
(b) if paragraph (a) is not applicable, the first-mentioned person— | ||
(i) before taking or receiving the declaration, establishes the identity of the declarant by reference to a relevant document containing a photograph of the declarant, and | ||
(ii) states in the attestation that the identity of the declarant has been so established and gives particulars of the relevant document concerned.”, | ||
and | ||
(b) by inserting the following after subsection (3): | ||
“(4) In subsection (2) ‘ relevant document ’ means— | ||
(a) a valid passport issued by or on behalf of an authority recognised by the Government, | ||
(b) a national identity card issued by the authorities of— | ||
(i) a Member State, | ||
(ii) the Swiss Confederation, or | ||
(iii) a Contracting Party to the EEA Agreement, | ||
(c) a document which is equivalent to a passport, issued by or on behalf of an authority recognised by the Government, which establishes the identity and nationality of the person to whom the document relates, | ||
(d) a travel document issued by the Minister for Justice, Equality and Law Reform under section 4 of the Refugee Act 1996 , or | ||
(e) a travel document other than a document to which paragraph (d) refers issued by the State solely for the purpose of providing the holder with a document which can serve in lieu of a national passport. | ||
(5) In subsection (4), ‘ EEA Agreement ’ means the Agreement on the European Economic Area signed at Oporto on the 2nd of May 1992 as amended for the time being.”. |