5. Citizenship, Equality and Individual Status

Updated to 11 September 2020

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5.1. Irish Nationality and Citizenship

Justice 26/1956
Justice
  • none
23/1986
Justice
  • none
9/1994
Justice 15/2001
Justice 38/2004
Social 13/2019
1 This Act, s. 5(1) repealed Irish Nationality and Citizenship Act 1935 (13/1935). It contained a saver in s. 5(2) for existing citizenship. Section 26(6) continued certain orders made under s. 23 (mutual citizenship rights) in force: (6) Every order made before the passing of this Act under section 23 of the Act of 1935 conferring citizenship rights on the citizens of another country shall continue in full force and effect until revoked or amended by an order made under this section. The 1956 Act made no provision for other SIs made under the 1935 Act to be continued in force, and they therefore ceased to have effect. They should be revoked for clarity as a matter of good practice: S.I. Nos. 147 of 1935, 148 of 1935, 149 of 1935, 150 of 1935, 151 of 1935, 84 of 1938, 85 of 1938, 86 of 1938, 87 of 1938, 88 of 1938, 366 of 1948.
2 The enabling Act, Irish Nationality and Citizenship Act 1935 (13/1935), was repealed by 26/1956, s. 5(1), subject to a saver in s. 26(6) for orders made under s. 23 which deal with mutual citizenship. It is possible that some of these orders may have been overtaken by events, such as changes to legislation in the countries concerned, and may no longer be operative.
3 Ibid.
4 Ibid.
5 Ibid.
6 Ibid.
7 Ibid.
8 The only purposes of this SI were to amend S.I. No. 224 of 1956, and revoke S.I. No. 273 of 1976. S.I. No. 224 of 1956 was revoked by S.I. No. 47 of 2013; this SI is therefore obsolete and should be revoked.
9 The only purpose of this SI was to amend S.I. No. 224 of 1956, now revoked by S.I. No. 47 of 2013; this SI is therefore obsolete and should be revoked.
10 Ibid.
11 Ibid.
12 This SI revoked Foreign Births Regulations 1956 (S.I. No. 224 of 1956) and Foreign Births (Amendment) Regulations 2009 (S.I. No. 408 of 2009). Other regulations which amended the 1956 SI and therefore ceased to have effect on its revocation should also be revoked for clarity as a matter of good practice: S.I. Nos. 94 of 1980, 259 of 1981, 363 of 1985, 341 of 1988, listed above.

5.2. Immigration and Refugees

5.2.1. Immigration

Justice 22/1999
Justice 29/2000
Justice 26/2003
Justice 1/2004
Justice
  • none
6/1931
Justice 14/1935
13 The sole purpose of this SI is to revoke S.I. No. 276 of 1949. It is obsolete and should be revoked.
14 The sole purpose of this SI is to revoke S.I. No. 80 of 1935. It is obsolete and should be revoked.
15 The sole purpose of this SI is to revoke six SIs made in 1974. It is obsolete and should be revoked.
16 This SI is likely to be obsolete and should be considered for revocation.
17 This SI is obsolete and should be revoked.

5.2.2. Prisoners of War

Defence
  • none
27/1956
Foreign
  • none
11/1962
Foreign 35/1998

5.2.3. Refugees

Justice 66/2015
18

Repealed Refugee Act 1996 (17/1966), in s. 6(1), subject to commencement order and transitional provisions in Part 11.  It also revoked listed SIs made under the Act in s. 6(2).  Certain other SIs were rendered obsolete by repeal of their enabling provisions, and should be revoked: S.I. Nos. 290 of 1996, 359 of 1997, 376 of 1997, 8 of 2000, 308 of 2000, 309 of 2000, 341 of 2000, 348 of 2000, 365 of 2000, 426 of 2002, 500 of 2004.

5.3. Equality

Justice 19 8/2000
Justice
  • none
41/2012
Justice
  • none
24/2004
Justice 43/2015
Justice
  • none
5/1957
Justice
  • none
9 & 10 Geo. 5, c. 71
Justice
  • none
40/2017
19 Combined effect of S.I. No. 217 of 2010 and S.I. No. 139 of 2011 is that all functions under the 2000 Act are within the Department of Justice and Equality.
20 The Equality Act 2004 (24/2004) amended the Employment Equality Act 1998 (21/1998) and the Equal Status Act 2000 (8/2000).
21 The Equality (Miscellaneous Provisions) Act 2015 (43/2015) amended the Employment Equality Act 1998 (21/1998) and the Equal Status Act 2000 (8/2000).

5.4. Capacity

5.4.1. Age of Majority

Justice
  • none
2/1985

5.4.2. Ability and Disability 22

22 Two SIs made under Lunacy (Ireland) Act 1821 (1 & 2 Geo. 4 c. 33) are obsolete and should be revoked. They are S.R. & O. Nos. 31 of 1930 and 31 of 1931. The 1821 Act itself is virtually entirely repealed.
Justice 23 14/1999
Justice 24 14/2005
23 See S.I. No. 139 of 2011.
24 See S.I. No. 139 of 2011.

5.4.3. Assisted Decision-Making Capacity

Justice 64/2015
Justice 12/1996
Justice
  • none
51 Geo. 3, c. 37
Justice
  • none
34 & 35 Vict., c. 22
25 Repealed Marriage of Lunatics Act 1811 (51 Geo. 3, c. 37), and Lunacy Regulation (Ireland) Act 1871 (34 & 35 Vict., c. 22) subject to transitional provisions in Part 6 of that Act (wardship), both repeals subject commencement orders.
26 Repealed by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 7(1), subject to commencement order.
27 Repealed by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 7(2), subject to transitional provisions in Part 6 of that Act (wardship) and commencement order.

5.5. Civil Registration, Including Births, Marriages and Death

5.5.1. Births, Marriages and Death

Social 8/1952
Social
  • none
36/1996
Social 3/2004
Social
  • none
19/2005
Social 48/2012
Social 34/2014
Social 25/2015
Social 23/2019
28

Repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., subject to commencement order. When the repeal is commenced there is a provision which appears to retain existing SIs in force: 5.—(1) In so far as any order, regulation, rule, agreement, application, decision or reference or order of a court made, approval, consent, notification, notice or direction given or served, requirement imposed, certificate, form or other instrument issued or given, register or index maintained, resolution passed, particulars given, application made or other thing done under an enactment repealed by section 4 could have been made, given, imposed, issued, maintained, passed, served or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by section 4 but, except in so far as this Act otherwise provides, shall have effect as if made, given, imposed, issued, maintained, passed, served or done under that corresponding provision.

29 Listed by Department as redundant, this SI should be revoked.
30 Listed by Department as redundant, this SI should be revoked.
31 Listed by Department as redundant, this SI should be revoked.
32 Listed by Department as redundant, this SI should be revoked.
33 Listed by Department as redundant, this SI should be revoked.
34 Listed by Department as redundant, this SI should be revoked.
35 Listed by Department as redundant, this SI should be revoked.
36 Listed by Department as redundant, this SI should be revoked.
37 Listed by Department as redundant, this SI should be revoked.
38 Listed by Department as redundant, this SI should be revoked.
39 Listed by Department as redundant, this SI should be revoked.
40 S.I. 630 of 2003 revokes the Oifig An Ard-Chláraitheora (Hours of Business) Regulations 1985 (S.I. No. 411 of 1985) as amended by the Oifig An Ard-Chláraitheora (Hours of Business) (No. 2) Regulations 1986 (S.I. No. 396 of 1986). It should be noted that S.I. 396 of 1986 refers to aquaculture in Kilkieran Bay. The SI number seems to be a typo and should refer to S.I. No. 296 of 1986.
41 Listed by Department as redundant, this SI should be revoked.
42 The only purpose of this SI is to revoke S.I. No. 767 of 2005. It could now itself be considered for revocation.
43 Sections 1(4) and (4A) remain in force. Their application appears to be transitional for a limited period only as the Civil Registration Act 2004 provides for re-registration of births after commencement of that Act.
44 This SI is listed by the Department as redundant and should be revoked. The enabling provisions are Legitimacy Act 1931 (13/1931), sch. paras. (1) and (5). The schedule of Legitimacy Act is repealed by Civil Registration Act 2004 (3/2004), s. 4; repeal commenced by S.I. No. 764 of 2005. There is a saver in s. 5 which continues the SI in force: 5.—(1) In so far as any order, regulation, rule, agreement, application, decision or reference or order of a court made, approval, consent, notification, notice or direction given or served, requirement imposed, certificate, form or other instrument issued or given, register or index maintained, resolution passed, particulars given, application made or other thing done under an enactment repealed by section 4 could have been made, given, imposed, issued, maintained, passed, served or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by section 4 but, except in so far as this Act otherwise provides, shall have effect as if made, given, imposed, issued, maintained, passed, served or done under that corresponding provision.
45 The enabling provisions are Registration of Births and Deaths (Ireland) Act 1863 (c. 11), s. 18 and Registration of Marriages (Ireland) Act 1863 (c. 90), s. 8. Section 8 is still in force. Section 18 was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., subject to a wide saver in s. 5. However, the SI refers to the amalgamation of Registrars’ Districts. For the purposes of births and deaths, districts ceased to exist upon commencement of those provisions of the Civil Registration Act 2004 in December 2005. Upon the commencement of the marriage provisions in 2007, districts ceased to exist entirely. This SI is therefore obsolete and should be revoked.
46 Ibid.
47 Ibid.
48 Ibid.
49 Ibid.
50 Ibid.
51 Ibid.
52 Ibid.
53 Ibid.
54 Ibid.
55 The enabling provision is Defence (Amendment) (No. 2) Act 1960 (44/1960), s. 6. This was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., repeal commenced by S.I. No. 764 of 2005, subject to a wide saver in s. 5.
56 The enabling provisions are Registration of Births and Deaths (Ireland) Act 1863 (c. 11), s. 18 and Registration of Marriages (Ireland) Act 1863 (c. 90), s. 8. Section 8 is still in force. Section 18 was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., subject to a wide saver in s. 5. However, the SI refers to the amalgamation of Registrars’ Districts. For the purposes of births and deaths, districts ceased to exist upon commencement of those provisions of the Civil Registration Act 2004 in December 2005. Upon the commencement of the marriage provisions in 2007, districts ceased to exist entirely. This SI is therefore obsolete and should be revoked.
57 Ibid.
58 Ibid.
59 Ibid.
60 Ibid.
61 Ibid.
62 Ibid.
63 Ibid.
64 Ibid.
65 Ibid.
66 Ibid.
67 Ibid.
68 Ibid.
69 Ibid.
70 Ibid.
71 Ibid.
72 Ibid.
73 Ibid.
74 Ibid.
75 The enabling provisions are Births and Deaths Registration Act (Ireland) 1863 (c. 11), s. 11 and Births and Deaths Registration Act (Ireland) 1880, s. 34. Both were repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., commenced by S.I. No. 764 of 2005, subject to a wide saver in s. 5.
76 This SI is enabled by Registration of Births and Deaths (Ireland) Act 1863, (c. 11), ss. 17 and 18. This Act was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., commenced by S.I. No. 764 of 2005, subject to a wide saver in s. 5. However, the SI refers to the amalgamation of Registrars’ Districts. For the purposes of births and deaths, districts ceased to exist upon commencement of those provisions of the Civil Registration Act 2004 in December 2005. Upon the commencement of the marriage provisions in 2007, districts ceased to exist entirely. This SI is therefore obsolete and should be revoked.
77 Ibid.
78 Ibid.
79 Ibid.
80 Ibid.
81 Ibid.
82 Ibid.
83 Ibid.
84 Ibid.
85 Ibid.
86 Ibid.
87 Ibid.
88 Ibid.
89 Ibid.
90 Ibid.
91 Ibid.
92 Ibid.
93 Ibid.
94 Ibid.
95 Ibid.
96 Ibid.
97 This SI was enabled by Stillbirths Registration Act 1994 (1/1994), s. 13(3), which was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., commenced by S.I. No. 746 of 2005, subject to a wide saver in s. 5. As a commencement order for a repealed Act it is obsolete and should be revoked.
98 The enabling provisions are Registration of Births and Deaths (Ireland) Act 1863 (c. 11), s. 18 and Registration of Marriages (Ireland) Act 1863 (c. 90), s. 8. Section 8 is still in force. Section 18 was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., subject to a wide saver in s. 5. However, the SI refers to the amalgamation of Registrars’ Districts. For the purposes of births and deaths, districts ceased to exist upon commencement of those provisions of the Civil Registration Act 2004 in December 2005. Upon the commencement of the marriage provisions in 2007, districts ceased to exist entirely. This SI is therefore obsolete and should be revoked.
99 Ibid.
100 Ibid.
101 Ibid.
102 Ibid.
103 This SI was enabled by Registration of Births and Deaths (Ireland) Act 1863, (c. 11), ss. 11 and 34. This Act was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., commenced by S.I. No. 764 of 2005, subject to a wide saver in s. 5. However, the 2004 Act, sch. 1 part 2 sets out the required particulars for stillbirth entries; this SI is obsolete and should be revoked.
104 The enabling provisions are Registration of Births and Deaths (Ireland) Act 1863 (c. 11), s. 18 and Registration of Marriages (Ireland) Act 1863 (c. 90), s. 8. Section 8 is still in force. Section 18 was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., subject to a wide saver in s. 5. However, the SI refers to the amalgamation of Registrars’ Districts. For the purposes of births and deaths, districts ceased to exist upon commencement of those provisions of the Civil Registration Act 2004 in December 2005. Upon the commencement of the marriage provisions in 2007, districts ceased to exist entirely. This SI is therefore obsolete and should be revoked.
105 Ibid.
106 Ibid.
107 Ibid.
108 Ibid.
109 Ibid.
110 Ibid.
111 Ibid.
112 Ibid.
113 Ibid.
114 Ibid.
115 Ibid.
116 Ibid.
117 Ibid.
118 Ibid.
119 Ibid.
120 Ibid.
121 Ibid.
122 Ibid.
123 Ibid.
124 Ibid.
125 Ibid.
126 This SI was enabled by Registration of Births and Deaths (Ireland) Act 1863, (c. 11), ss. 11 and 34. This Act was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., commenced by S.I. No. 764 of 2005, subject to a wide saver in s. 5.
127 The enabling provisions are Registration of Births and Deaths (Ireland) Act 1863 (c. 11), s. 18 and Registration of Marriages (Ireland) Act 1863 (c. 90), s. 8. Section 8 is still in force. Section 18 was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., subject to a wide saver in s. 5. However, the SI refers to the amalgamation of Registrars’ Districts. For the purposes of births and deaths, districts ceased to exist upon commencement of those provisions of the Civil Registration Act 2004 in December 2005. Upon the commencement of the marriage provisions in 2007, districts ceased to exist entirely. This SI is therefore obsolete and should be revoked.
128 Ibid.
129 Ibid.
130 Ibid.
131 The enabling provisions are Registration of Births and Deaths (Ireland) Act 1863 (c. 11), s. 18 and Registration of Marriages (Ireland) Act 1863 (c. 90), s. 8. Section 8 is still in force. Section 18 was repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., subject to a wide saver in s. 5. However, the SI refers to the amalgamation of Registrars’ Districts. For the purposes of births and deaths, districts ceased to exist upon commencement of those provisions of the Civil Registration Act 2004 in December 2005. Upon the commencement of the marriage provisions in 2007, districts ceased to exist entirely. This SI is therefore obsolete and should be revoked.
132 Ibid.
133 Ibid.
134 Ibid.
135 Ibid.
136 Ibid.
137 The enabling provisions are Vital Statistics and Births, Deaths and Marriages Registration Act 1952 (8/1952), ss. 6 and 9. This Act is repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., but the repeal has not been commenced. The repeal is subject to a wide saver in s. 5, but as this SI's only function is to revoke S.I. No. 278 of 1987, it could now be considered obsolete and itself be revoked.
138 The enabling provisions are Vital Statistics and Births, Deaths and Marriages Registration Act 1952 (8/1952), s. 9 and Civil Registration Act 2004 (3/2004), ss. 3, 67 and 67A. The 1952 Act is repealed by Civil Registration Act 2004 (3/2004), s. 4 and sch., but the repeal has not been commenced. The repeal is subject to a wide saver in s. 5. As this SI's only function is to revoke S.I. No. 768 of 2005, it could now be considered obsolete and itself be revoked.

5.5.2. Coroners and Inquests

Justice 9/1962
Justice
  • none
33/2005
Justice 29/2019

5.6. Statutory Declarations and Legalisation of Documents

Justice
  • none
37/1938

5.7. European Convention on Human Rights

Justice 139 20/2003
139 See S.I. No. 139 of 2011.

5.8. Human Rights and Equality Commission

Justice 140
  • none
35/2001
Justice 25/2014
140 See S.I. No. 139 of 2011.
141 Spent on repeal of Human Rights Commission Act 2000 (9/2000), this Act should be repealed.
142 Repealed Human Rights Commission Act 2000 (9/2000), with existing schemes under that Act continued in effect by s. 51: S.I. Nos. 39 of 2013 and 181 of 2014. S.I. No. 340 of 2001 (Establishment Day order) is now obsolete and should be revoked.
143

This SI was made under Human Rights Commission Act 2000 (9/2000), s. 20, and on its repeal was continued in force by 25/2014, s. 51.

144

This SI was made under Human Rights Commission Act 2000 (9/2000), s. 20, and on its repeal was continued in force by 25/2014, s. 51.

5.9. Data Protection, Data Sharing and Governance

Justice 25/1988
Justice 6/2003
Justice 7/2018
Justice 5/2019

5.10. ECA Section 3 Statutory Instruments

Foreign 27/1972