Irish Nationality and Citizenship Act 1956

Definitions.

2

2. —(1) In this Act—

“the Act of 1935” means the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935);

F1["Act of 1996" means the Refugee Act 1996;]

F1["Act of 2003" means the Immigration Act 2003;]

F1["Act of 2004" means the Immigration Act 2004;]

F2[]

F3["citizenship ceremony" means a ceremony held—

(a) before a judge, or a retired judge, of the District Court, Circuit Court, Court of Appeal, High Court or Supreme Court or such other person as may be designated for that purpose by the Minister, and

(b) at a place and in a form approved by the Minister,

at which an applicant makes the declaration and gives the undertaking referred to in section 15(1)(e), section 15A(1)(h) or section 15B(1)(d), as the case may be;]

F4["civil partner" means a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

“consular office” includes a consulate-general, consulate or vice-consulate, whether in charge of a career or honorary consular officer;

“diplomatic officer” means an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary, chargé d'affaires, counsellor or secretary of embassy or legation, or attaché;

F1["EEA state" means a state, other than a Member State, that is a contracting party to the EEA Agreement;]

F1["EEA Agreement" has the same meaning as it has in the European Communities (Amendment) Act 1993;]

“foreign aircraft” means an aircraft which is not an Irish aircraft;

“foreign ship” means a ship which is not an Irish ship;

F2[]

F5[]

“Irish citizen” means a citizen of Ireland;

“Irish aircraft” means an aircraft registered in the State;

“Irish ship” means a ship registered in the State or a ship which, if not registered in the State or under the law of any other country, is wholly owned by a person qualified to own a ship registered in the State or by persons all of whom are so qualified;

F1["Member State" means a Member State of the European Communities;]

F1["mental incapacity" means, in relation to a person, incapacity by reason of a mental condition to manage and administer the person's affairs;]

F6["the Minister" means the Minister for Justice, Equality and Law Reform;]

“naturalised Irish citizen” means a person who acquires Irish citizenship by naturalisation, whether under this or any other enactment;

F7["non-national" means a person who is not an Irish citizen;]

“prescribed” means prescribed by regulations made by the Minister;

“public service” when used in relation to the employment of a person, refers to employment in the service of the Government, whether or not in the civil service, or in the service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible.

F1[(1A) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the commencement of the Irish Nationality and Citizenship Act 2004, by or under any subsequent enactment.]

F8[(2) In this Act a reference to the island of Ireland includes a reference to its islands and seas.]

Annotations:

Amendments:

F1

Inserted (1.01.2005) by Irish Nationality and Citizenship Act 2004 (38/2004), s. 2(a), (b), S.I. No. 873 of 2004.

F2

Deleted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(a)(i), (ii), S.I. No. 128 of 2002.

F3

Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 3, S.I. No. 389 of 2023.

F4

Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 33(a), commenced on enactment.

F5

Deleted (2.12.1999) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(a)(iii), commenced as per s. 9(3).

F6

Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(b), S.I. No. 128 of 2002.

F7

Inserted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(c), S.I. No. 128 of 2002.

F8

Inserted (2.12.1999) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 2(d), commenced as per s. 9(3).

Modifications (not altering text):

C1

References construed (14.12.1987) by Status of Children Act 1987 (26/1987), s. 5, commenced as per s. 1(2)(a).

Meaning of father, mother, parent in Irish Nationality and Citizenship Acts, 1956 and 1986.

5.—It is hereby declared that, in relation to a child, any reference to “father”, “mother” or “parent” in the Irish Nationality and Citizenship Acts, 1956 and 1986, includes and shall be deemed always to have included the father, mother or parent, as the case may require, who was not married to the child's other parent at the time of the child's birth or at any time during the period of ten months preceding the birth.

Editorial Notes:

E1

Subs. (1) designated as such in the absence of subsection numbering in the provision inserting subs. (2).