Civil Registration Act 2004

Civil Registration Act 2004


Number 3 of 2004


CIVIL REGISTRATION ACT 2004

REVISED

Updated to 23 May 2019


This Revised Act is an administrative consolidation of the Civil Registration Act 2004. 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 Civil Registration Act 2019 (13/2019), enacted 23 May 2019, and all statutory instruments up to and including European Union (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2019 (S.I. No. 233 of 2019), made 24 May 2019, were considered in the preparation of this Revised Act.

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 3 of 2004


CIVIL REGISTRATION ACT 2004

REVISED

Updated to 23 May 2019


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 passed.

Related legislation

Civil Registration Acts 2004 to 2019 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Civil Registration Act 2019 (13/2019), s. 14(2)). The Acts in this group are:

Civil Registration Act 2004 (3/2004)

Civil Registration (Amendment) Act 2005 (19/2005)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 25

Civil Registration (Amendment) Act 2012 (48/2012)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 3

Civil Registration (Amendment) Act 2014 (34/2014)

Children and Family Relationships Act 2015 (9/2015), Part 9

Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), Part 4

Civil Registration Act 2019 (13/2019), other than s. 13

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

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 1972, 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

Civil Registration Act 2019 (13/2019)

Social Welfare, Pensions and Civil Registration Act 2018 (37/2018)

Data Protection Act 2018 (7/2018)

Domestic Violence Act 2018 (6/2018)

Assisted Decision-Making (Capacity) Act 2015 (64/2015)

Marriage Act 2015 (35/2015)

Gender Recognition Act 2015 (25/2015)

Children and Family Relationships Act 2015 (9/2015)

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Civil Registration (Amendment) Act 2014 (34/2014)

Health Identifiers Act 2014 (15/2014)

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013)

Civil Registration (Amendment) Act 2012 (48/2012)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Adoption Act 2010 (21/2010)

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008)

Health Act 2008 (21/2008)

Medical Practitioners Act 2007 (25/2007)

Health Act 2007 (23/2007)

Garda Síochána Act 2005 (20/2005)

Civil Registration (Amendment) Act 2005 (19/2005)

Health Act 2004 (42/2004)

Courts and Court Officers Act 1995 (31/1995)

Status of Children Act 1987 (26/1987)

All Acts up to and including Civil Registration Act 2019 (13/2019), enacted 23 May 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016)

Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016)

Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015)

Civil Registration (Gender Recognition) (Abridged Certificate) Regulations 2015 (S.I. No. 378 of 2015)

Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015)

Civil Registration (Certified Extract of Register of Deaths) Regulations 2014 (S.I. No. 371 of 2014)

Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010)

Civil Registration (Civil Partnership Registration Form) Regulations 2010 (S.I. No. 671 of 2010)

Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010)

Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010)

Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010 (S.I. No. 668 of 2010)

Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010)

Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010 (S.I. No. 666 of 2010)

Civil Registration (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 831 of 2007)

Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 (S.I. No. 744 of 2007)

Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007)

Register of Solemnisers (Correction of Errors) Regulations 2007 (S.I. No. 741 of 2007)

Civil Registration (Fees and Allowances) Regulations 2007 (S.I. No. 740 of 2007)

Register of Marriages (Correction of Errors) Regulations 2007 (S.I. No. 739 of 2007)

Marriage Registration Form Regulations 2007 (S.I. No. 738 of 2007)

Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007)

Civil Registration Act 2004 (Commencement) Order 2007 (S.I. No. 736 of 2007)

Civil Registration (Short Birth Certificate Regulations 2005 (S.I. No. 771 of 2005)

Civil Registration (Births and Deaths (Fees) Regulations 2005 (S.I. No. 769 of 2005)

Civil Registration (Fees and Allowances) Regulations 2005 (S.I. No. 768 of 2005)

Civil Registration (Reduced Fees) Regulations 2005 (S.I. No. 766 of 2005)

Civil Registration Act 2004 (Commencement) Order 2005 (S.I. No. 764 of 2005)

Civil Registration Act 2004 (Section 65) (Commencement) Order 2004 (S.I. No. 588 of 2004)

Civil Registration Act, 2004 (Section 27) (Commencement) Order 2004 (S.I. No. 84 of 2004)

All statutory instruments up to and including European Union (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2019 (S.I. No. 233 of 2019), made 24 May 2019, were considered in the preparation of this revision.


Number 3 of 2004


CIVIL REGISTRATION ACT 2004

REVISED

Updated to 23 May 2019


Section

1.

Short title and commencement.

2.

Interpretation.

2A.

Prohibited degrees of relationship.

2B.

No impediment where subsisting civil partnership with each other.

3.

Regulations.

4.

Repeals.

5.

Transitional provisions.

6.

Expenses of Minister and Minister for Finance.

PART 2

Administration

7.

Ard-Chláraitheoir.

8.

Functions of Ard-Chláraitheoir.

9.

Ard-Chláraitheoir Cúnta.

10.

Staff of Ard-Chláraitheoir.

11.

Annual report.

12.

Oifig an Ard-Chláraitheora.

13.

Registers.

14.

Schemes.

15.

Local registration authorities.

16.

Financial provisions relating to authorities.

17.

Staff of authorities.

PART 3

Registration of Births and Stillbirths

18.

“the register” ( Part 3).

19.

Provision of particulars, and registration, of births.

19A.

Special provisions in relation to registration of birth of donor-conceived child.

20.

Births occurring more than 12 months before registration.

21.

Duty to notify registrar of abandoned new-born children.

22.

Registration of father where parents not married.

23.

Re-registration of birth to include name of father.

23A.

Re-registration on foot of court order.

23B.

Re-registration of birth of donor-conceived child on foot of court order.

24.

Re-registration of births of legitimated persons.

25.

Registration, or alteration, of forename of child.

25A.

Failure to agree surname and subsequent registration of surname.

26.

Registration of births outside State of children of Irish citizens domiciled in State.

27.

Recording and registration of certain other births occurring outside State.

27A.

Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964.

28.

Registration of stillbirths.

29.

Registration of stillbirths that occurred before 31 December 1994.

30.

Duty to notify Ard-Chláraitheoir of births and stillbirths.

PART 3A

Register of Gender Recognition

30A.

Definitions (Part 3A).

30B.

Entry in Register.

30C.

Index to register and privacy.

30D.

Separate index of connections between register of gender recognition and register of births.

30E.

Cancellation or amendment of entry in register.

PART 4

Registration of Adoptions

31.

Definitions ( Part 4). (repealed)

32.

Registration of adoptions. (repealed)

33.

Registration of foreign adoptions. (repealed)

34.

Directions of High Court in relation to entries in register in respect of foreign adoptions. (repealed)

35.

Privacy of adoption records. (repealed)

PART 5

Registration of Deaths

36.

“the register” ( Part 5).

37.

Provision of particulars, and registration, of deaths.

38.

Registration of deaths occurring outside State of Irish citizens domiciled in State.

39.

Recording and registration of certain other deaths occurring outside State.

40.

Registration after more than 12 months from death.

41.

Furnishing of particulars of death by a coroner to registrar.

42.

Certificate of cause of death.

42A.

Notification of early neonatal deaths.

43.

Place of death.

44.

Power of coroner to authorise disposal of bodies.

PART 5A

Death Abroad

44A.

Application of Part.

44B.

Record of deaths abroad.

44C.

Provision of information.

44D.

Certificate of entry on the record of deaths abroad.

44E.

Amendment of entry on the record of deaths abroad.

PART 6

Amendment of Law Relating to Marriages

45.

Definitions ( Part 6).

45A.

Secular body.

46.

Notification of marriages.

47.

Exemption of certain marriages from section 46(1)(a)(i).

48.

Marriage registration form.

49.

Registration of marriages.

50.

Non-receipt of marriage registration form by registrar.

51.

Solemnisation of marriages.

52.

Places and times for the solemnisation of marriages.

53.

Register of Solemnisers.

54.

Application by bodies for registration of persons.

55.

Cancellation of registration.

56.

Appeals against refusals or cancellations of registration.

57.

Temporary authorisation to solemnise marriage.

58.

Objections.

58A.

Marriage ceremonies performed at certain embassies or diplomatic missions.

PART 7

Registration of Decrees of Divorce and Decrees of Nullity

59.

Registration of decrees of divorce and decrees of nullity.

PART 7A

Registration of Civil Partnerships

59A.

Definitions (Part 7A).

59B.

Notification of civil partnerships. (repealed)

59C.

Civil partnership registration form.

59D.

Civil partnership registration.

59E.

Places and times for registration of civil partnerships. (repealed)

59F.

Objections. (repealed)

59G.

Where interpretation required. (repealed)

59H.

Effect of registration. (repealed)

59I.

Effect of this Part. (repealed)

59IA.

Civil Partnership ceremonies performed at certain embassies or diplomatic missions.

PART 7B

Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership

59J.

Registration of decrees of dissolution and decrees of nullity of civil partnership.

PART 7C

Dissolution and Transitional

59K.

Registration of dissolution of civil partnership on marriage.

59L.

Transitional provisions consequent on Marriage Act 2015.

PART 8

General

60.

Appeals.

61.

Searches.

62.

Search of register of stillbirths.

63.

Correction of errors at request of persons having an interest.

64.

Corrections or cancellations of entries at request of Ard-Chláraitheoir or a registrar.

65.

Enquiries by Ard-Chláraitheoir.

66.

Power of Ard-Chláraitheoir to give information to others.

67.

Fees.

67A.

Payments to certain registrars.

68.

Evidence of births, stillbirths and deaths.

69.

Offences.

70.

Penalties.

71.

Prosecution of offences.

72.

Service etc., of documents.

73.

Vital statistics.

FIRST SCHEDULE

Particulars to be Entered in Registers

PART 1

Particulars to be Entered in Register of Births

PART 2

Particulars to be Entered in Register of Stillbirths

PART 2A

Particulars to be entered in Register of Gender Recognition

PART 2B

Particulars to be entered in Register of Gender Recognition

PART 3

Particulars of Adoptions within the State to be Entered in Register of Adoptions

PART 4

Particulars of Foreign Adoptions to be Entered in Register of Adoptions

PART 5

Particulars of Deaths to be Entered in Register of Deaths

PART 6

Particulars of Decrees of Divorce to be Entered in Register of Decrees of Divorce

PART 6A

Particulars to be Entered in Register of Dissolutions

PART 7

Particulars of Decrees of Nullity of Marriage to be Entered in Register of Decrees of Nullity of marriage

PART 7A

Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership

SECOND SCHEDULE

Enactments Repealed

THIRD SCHEDULE

Prohibited Degrees of Relationship


ACTS REFERRED TO

Adoption Act 1952

1952, No. 25

Adoption Act 1991

1991, No. 14

Adoption Acts 1952 to 1998

Army Pensions Acts 1923 to 1980

Births and Deaths Registration Act (Ireland) 1880

1880, c. 13

Births and Deaths Registration Acts 1863 to 1996

Births, Deaths and Marriages Registration Act 1972

1972, No. 25

Capital Acquisitions Tax Consolidation Act 2003

2003, No. 1

Civil Service Regulation Acts 1956 to 1996

Coroners Act 1962

1962, No. 9

Data Protection Acts 1988 and 2003

Defence (Amendment) (No. 2) Act 1960

1960, No. 44

Defence Forces (Pensions) Acts 1932 to 1975

Electoral Act 1992

1992, No. 23

Electronic Commerce Act 2000

2000, No. 27

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Garda Síochána Act 1989

1989, No. 1

Health Act 1947

1947, No. 28

Health Act 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act 1999

1999, No. 13

Housing Act 1966

1966, No. 21

Housing Acts 1966 to 2002

Legitimacy Act 1931

1931, No. 13

Legitimacy Declaration Act (Ireland) 1868

1868, c. 20

Marriage Act 1835

5 & 6 Will 4., c. 54

Marriage Law (Ireland) Amendment Act 1863

26 Vict., c. 27

Marriage Law (Ireland) Amendment Act 1873

36 & 37 Vict., c. 16

Marriage of Lunatics Act 1811

51 Geo 3., c. 37

Marriage (Prohibited Degrees of Relationship) Acts 1907 and 1921

Marriage (Society of Friends) Act 1860

23 & 24 Vict., c. 18

Marriage (Society of Friends) Act 1872

35 & 36 Vict., c. 10

Marriages Act 1936

1936, No. 47

Marriages Act 1972

1972, No. 30

Marriages (Ireland) Act 1844

1844, c. 81

Marriages (Ireland) Act 1846

9 & 10 Vict., c. 72

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

33 & 34 Vict., c. 110

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871

1871, c. 49

Medical Practitioners Act 1978

1978, No. 4

Mercantile Marine Act 1955

1955, No. 29

Merchant Shipping Act 1894

57 & 58 Vict. c. 60

Petty Sessions (Ireland) Act 1851

1851, c. 93

Planning and Development Act 2000

2000, No. 30

Registration of Births Act 1996

1996, No. 36

Registration of Births and Deaths Act 1936

1936, No. 34

Registration of Births and Deaths (Ireland) Act 1863

1863, c. 11

Registration of Marriages Act 1936

1936, No. 35

Registration of Marriages (Ireland) Act 1863

1863, c. 90

Road Traffic Act 1961

1961, No. 24

Social Welfare (Consolidation) Act 1993

1993, No. 27

Stamp Duties Consolidation Act 1999

1999, No. 31

Status of Children Act 1987

1987, No. 26

Stillbirths Registration Act 1994

1994, No. 1

Taxes Consolidation Act 1997

1997, No. 39

Vital Statistics and Births, Deaths and Marriages Registration Act 1952

1952, No. 8


Number 3 of 2004


CIVIL REGISTRATION ACT 2004

REVISED

Updated to 23 May 2019


AN ACT TO PROVIDE FOR THE REORGANISATION, MODERNISATION AND NAMING OF THE SYSTEM (TO BE KNOWN AS THE CIVIL REGISTRATION SERVICE OR, IN THE IRISH LANGUAGE, AN tSEIRBHÍS UM CHLÁRÚ SIBHIALTA) OF REGISTRATION OF BIRTHS, STILLBIRTHS, ADOPTIONS, MARRIAGES AND DEATHS (INCLUDING CERTAIN BIRTHS AND DEATHS OCCURRING OUTSIDE THE STATE), TO PROVIDE FOR THE EXTENSION OF THE SYSTEM TO DECREES OF DIVORCE AND DECREES OF NULLITY OF MARRIAGE AND FOR THOSE PURPOSES TO REVISE THE LAW RELATING TO THE SYSTEM, TO AMEND THE LAW RELATING TO MARRIAGES AND TO PROVIDE FOR RELATED MATTERS. [27 th February, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references construed (1.01.2008) by Civil Registration (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 831 of 2007), arts. 2 and 3, in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Social and Family Affairs.

(2) References to the Department of Health and Children contained in any Act or instrument made under it or scheme and relating to any administration and business transferred by paragraph (1) are, on and after the commencement of this Order, to be read as references to the Department of Social and Family Affairs.

3. (1) The functions vested in the Minister for Health and Children by or under—

( a) the Civil Registration Act 2004 (No. 3 of 2004) (other than section 66),

...

are transferred to the Minister for Social and Family Affairs.

(2) References to the Minister for Health and Children contained in any Act or instrument made under it or scheme and relating to any functions transferred by this Article, on and after the commencement of this Order, are to be read as references to the Minister for Social and Family Affairs.

C2

Functions in relation to Act transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1), (2) and (3) and sch. 3 item 64, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5.

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

64. Civil Registration Act 2004

...

Editorial Notes:

E1

Presumption of paternity in respect of persons identified as such in register maintained under Act prescribed (14.06.1988) by Status of Children Act 1987 (26/1987), s. 46(3), commenced as per s. 1(2)(b), as amended (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 88(c), S.I. No. 12 of 2016.

PART 1

Preliminary and General

Short title and commencement.

1

1.—(1) This Act may be cited as the Civil Registration Act 2004.

(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, including the application of section 4 to different statutory provisions specified in the Second Schedule.

Annotations:

Editorial Notes:

E2

Power pursuant to subs. (2) exercised (5.11.2007) by Civil Registration Act 2004 (Commencement) Order 2007 (S.I. No. 736 of 2007).

2. The 5th day of November 2007 is appointed as the day on which the following provisions of the Civil Registration Act 2004 (No. 3 of 2004) come into operation:

( a) section 4 in so far as it relates to the repeal of the enactments specified in the Schedule to this Order;

( b) section 13(1)(e);

( c) Part 6 (as amended by the Health Act 2007 (No. 23 of 2007));

( d) the Second Schedule in so far as it relates to the repeal of the enactments mentioned in the Schedule to this Order.

Regulation 2.

SCHEDULE

Session and Chapter or Number and Year

Short title

Extent of repeal

7 & 8 Vict., c. 81

Marriages (Ireland) Act 1844

The whole Act.

9 & 10 Vict., c. 72

Marriages (Ireland) Act 1846

The whole Act.

23 & 24 Vict., c.18

Marriage (Society of Friends) Act 1860

The whole Act.

26 & 27 Vict., c. 90

Marriage Law (Ireland) Amendment Act 1863

The whole Act.

26 & 27 Vict., c. 90

Registration of Marriages (Ireland) Act 1863

The whole Act other than sections 7, 8, 12, 21 and 25.

33 & 34 Vict., c. 49

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

Sections 32 to 40 and 42.

34 & 35 Vict., c. 49

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871

Sections 21 to 29.

35 & 36 Vict., c. 10

Marriage (Society of Friends) Act 1872

The whole Act.

36 & 37 Vict., c. 16

Marriage Law (Ireland) Amendment Act 1873

The whole Act.

No. 35 of 1936

Registration of Marriages Act 1936

The whole Act.

No. 47 of 1936

Marriages Act 1936

The whole Act.

No. 30 of 1972

Marriages Act 1972

The whole Act.

No. 26 of 1995

Family Law Act 1995

Section 32;In section 33(1), the words “or section 32(1)(a) or both of those provisions”.

E3

Power pursuant to subs. (2) exercised (5.12.2005) by Civil Registration Act 2004 (Commencement) Order 2005 (S.I. No. 764 of 2005).

2. The 5 th day of December 2005 is appointed as the day on which the following provisions of the Civil Registration Act 2004 (No. 3 of 2004) come into operation:

(a) Section 4, and the Second Schedule, in so far as they apply to the enactments specified in the Schedule to this Order;

(b) Part 1 (other than section 4);

(c) Part 2 (other than paragraphs (c) and (e) of section 13 (1));

(d) Part 3, in so far as it is not already in operation;

(e) Part 5;

(f) Part 8 (other than section 73), in so far as it is not already in operation;

(g) Parts 1, 2 and 5 of the First Schedule.

SCHEDULE

1. Registration of Births and Deaths (Ireland) Act 1863.

2. Section 254 of the Merchant Shipping Act 1894.

3. Births and Deaths Registration Act (Ireland) 1880.

4. Section 1(4) and the Schedule to the Legitimacy Act 1931 (No. 13 of 1931).

5. Registration of Births and Deaths Act 1936 (No. 34 of 1936).

6. Section 6 of the Defence (Amendment) (No.2) Act 1960 (No. 44 of 1960).

7. Sections 50 and 51 of the Coroners Act 1962 (No. 9 of 1962).

8. Births, Deaths and Marriages Registration Act 1972 (No. 25 of 1972).

9. Section 48 of the Status of Children Act 1987 (No. 26 of 1987).

10. Section 4 of the Garda Síochána Act 1989 (No. 1 of 1989).

11. Stillbirths Registration Act 1994 (No. 1 of 1994).

12. Registration of Births Act 1996 (No. 36 of 1996) (other than subsections (4) and (4A) of section 1).

E4

Power pursuant to subs. (2) exercised (1.10.2004) by Civil Registration Act 2004 (Section 65) (Commencement) Order 2004 (S.I. No. 588 of 2004).

Commencement

2. Section 65 of the Civil Registration Act 2004 shall come into operation on 1st October 2004.

E5

Power pursuant to subs. (2) exercised (2.03.2004) by Civil Registration Act, 2004 (Section 27) (Commencement) Order 2004 (S.I. No. 84 of 2004).

Commencement

2. Section 27 of the Civil Registration Act, 2004 shall come into operation on 2nd March 2004.

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

“the Act of 1844” means the Marriages (Ireland) Act 1844;

“the Act of 1863” means the Registration of Births and Deaths (Ireland) Act 1863;

F1 [ Act of 2010 means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ]

F2 [ Act of 2015 means the Gender Recognition Act 2015; ]

“the Acts” means the Births and Deaths Registration Acts 1863 to 1996;

F3 [ ]

“Ard-Chláraitheoir” shall be construed in accordance with section 7 ;

“authorised officer” shall be construed in accordance with section 17 (10) ;

F4 [ ]

“birth” does not include stillbirth;

F1 [ civil partner has the meaning assigned to it by the Act of 2010; ]

F5 [ civil partnership of convenience means a civil partnership where at least one of the parties to the civil partnership

(a) at the time of entry into the civil partnership is a foreign national, and

(b) enters into the civil partnership solely for the purpose of securing an immigration advantage for at least one of the parties to the civil partnership; ]

F1 [ civil partnership registration means registration under section 59D ; ]

“Civil Registration Service” shall be construed in accordance with section 8 ;

“civil servant” has the meaning assigned to it by the Civil Service Regulation Acts 1956 to 1996;

F1 [ civil status means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved; ]

F5 [ cohabitant shall be construed in accordance with section 172 of the Act of 2010; ]

F6 [ decree of divorce has the meaning assigned to it by the Family Law (Divorce) Act 1996 ; ]

F1 [ dissolution means dissolution of a civil partnership under section 110 of the Act of 2010; ]

F5 [ enactment means

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorst á t É ireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b) ; ]

“event” means a birth, stillbirth, F3 [ ], F3 [ ], marriage, death, decree of F7 [ divorce, decree of nullity, civil partnership registration or dissolution ], occurring or granted anywhere in the State or a birth to which section 26 or 27 applies or a death to which section 38 or 39 applies and includes a birth, stillbirth, adoption, foreign adoption, marriage or death that could have been, but was not, registered in a register formerly maintained under the repealed enactments;

F5 [ evidence includes documentary evidence; ]

F8 [ Executive means the Health Service Executive; ]

F3 [ ]

F5 [ foreign national means a person who is neither an Irish citizen, nor a citizen of a member state; ]

“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

F2 [ gender recognition certificate has the meaning assigned to it by the Act of 2015; ]

F4 [ ]

F5 [ immigration advantage means a determination in a person s favour by or on behalf of the Minister for Justice and Equality of any question relating to the grant of a visa to, or the entry into, presence in or removal from the State of a foreign national or any determination of a right to enter or reside in the State pursuant to the

(a) European Communities (Aliens) Regulations 1977 ( S.I. No. 393 of 1977 ),

(b) European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 ( S.I. No. 57 of 1997 ), or

(c) European Communities (Free Movement of Persons) (No. 2) Regulations 2006 ( S.I. No. 656 of 2006 ); ]

F5 [ immigration status means entitlement of a person to reside in the State and the basis for that entitlement; ]

F5 [ marriage of convenience means a marriage where at least one of the parties to the marriage

(a) at the time of entry into the marriage is a foreign national, and

(b) enters into the marriage solely for the purpose of securing an immigration advantage for at least one of the parties to the marriage; ]

“Minister” means Minister for Health and Children;

“Oifig an Ard-Chláraitheora” shall be construed in accordance with section 12 ;

“personal public service number” has the meaning assigned to it by the Social Welfare (Consolidation) Act 1993;

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

“qualified informant” in relation to a birth or death, shall be construed in accordance with section 19 or 37, as may be appropriate;

“registered medical practitioner” means a person who is registered or entitled to be registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978 ;

“registrar”—

( a) in relation to a marriage or intended marriage or the register of marriages, means a registrar within the meaning of section 17 ,

F9 [ ( aa ) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17 , ]

( b) in relation to a birth or stillbirth, a newborn child found abandoned or a death or the register of births, the register of stillbirths or the register of deaths, a registrar within the meaning of section 17 ,

( c) F3 [ ]

( d) in relation to a decree of divorce or the register of decrees of divorce, means the Courts Service F10 [ , ]

F11 [ ( e ) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

( f ) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and

( g ) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service, ]

and references to a registrar include references to a person authorised by the registrar to act on the registrar’s behalf and to the successor of the registrar;

F8 [ registration area shall be construed in accordance with section 15(1) and (2A) ; ]

“repealed enactments” means the enactments repealed by section 4 ;

“the required particulars” means—

( a) in relation to a birth or a living new-born child found abandoned, the particulars specified in Part 1 of the First Schedule ,

( b) in relation to a stillbirth, the particulars specified in Part 2 of that Schedule,

( c) F3 [ ]

( d) F3 [ ]

( e) in relation to a death, the particulars specified in Part 5 of that Schedule;

F12 [ scheme means a scheme approved under section 14 ; ]

“signature” includes an electronic signature within the meaning of the Electronic Commerce Act 2000 and cognate words shall be construed accordingly;

“stillborn child” means a child who, at birth, weighs not less than 500 grammes or has a gestational age of not less than 24 weeks and shows no sign of life and “stillbirth” shall be construed accordingly;

“Superintendent Registrar” shall be construed in accordance with section 17 .

(2) For the purposes of this Act there is an impediment to a marriage if—

(a) the marriage would be void by virtue of the Marriage Act 1835 as amended by the Marriage (Prohibited Degrees of Relationship) Acts 1907 and 1921,

( b) one of the parties to the marriage is, or both are, already married,

F13 [ (c) one or both of the parties to the intended marriage will be under the age of 18 years on the date of solemnisation of the intended marriage and an exemption from the application of section 31 (1)(a) of the Family Law Act 1995 in relation to the marriage was not granted under section 33 of that Act

(i) prior to the coming into operation of subsection (1) of section 45 of the Domestic Violence Act 2018, or

(ii) in accordance with subsection (2) of section 45 of that Act. ]

( d) the marriage would be void by virtue of the Marriage of Lunatics Act 1811 F14 [ , ]

( e) F15 [ ]

F16 [ (f) one of the parties to the marriage is, or, other than where section 2B applies, both are, already party to a subsisting civil partnership, or ]

F17 [ (g) the marriage would constitute a marriage of convenience. ]

F18 [ (g) the marriage would be void by virtue of section 2A . ]

F19 [ (2A) F20 [ ]

(2B) F20 [ ] ]

(3) In this Act—

( a) a reference to a birth, stillbirth, F3 [ ] marriage or death includes a reference to such an event that could have been, but was not, registered in a register formerly maintained under the repealed enactments;

( b) a reference to a section, Part or Schedule is a reference to a section, Part or Schedule of or to this Act, unless it is indicated that a reference to some other provision is intended;

( c) 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;

( d) a reference to any enactment or instrument made under statute is a reference to that enactment or instrument as amended, adapted or extended at any time by any enactment or instrument made under statute.

Annotations:

Amendments:

F1

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(a), S.I. No. 648 of 2010.

F2

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 24, S.I. No. 369 of 2015.

F3

Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(a), S.I. No. 511 of 2010.

F4

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 1(a), (c), S.I. No. 887 of 2004.

F5

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(a), S.I. No. 357 of 2015.

F6

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(b), S.I. No. 648 of 2010.

F7

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(d), S.I. No. 648 of 2010.

F8

Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 1(b), (d), S.I. No. 887 of 2004.

F9

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(e)(i), S.I. No. 648 of 2010.

F10

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(e)(ii), S.I. No. 648 of 2010.

F11

Substituted and inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(e)(iii), S.I. No. 648 of 2010.

F12

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 1(e), S.I. No. 887 of 2004.

F13

Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 49, S.I. No. 532 of 2018.

F14

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(2)(a), S.I. No. 648 of 2010.

F15

Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 4(a), S.I. No. 504 of 2015.

F16

Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 4(b), S.I. No. 504 of 2015.

F17

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(b)(iii), S.I. No. 357 of 2015.

F18

Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 4(c), S.I. No. 504 of 2015.

F19

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(3), S.I. No. 648 of 2010.

F20

Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(a), S.I. No. 504 of 2015.

F21

Substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(a), not commenced as of date of revision.

F22

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 92(a), not commenced as of date of revision.

F23

Deleted by Civil Registration Act 2019 (13/2019), s. 2(1)(a), not commenced as per subs. (2) as of date of revision.

F24

Substituted by Civil Registration Act 2019 (13/2019), s. 2(1)(b), (c), not commenced as per subs. (2) as of date of revision.

F25

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 92(b), not commenced as of date of revision.

Modifications (not altering text):

C3

Prospective affecting provision: subs. (2)(d) substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(a), not commenced as of date of revision.

Interpretation.

2.— ...

(2) For the purposes of this Act there is an impediment to a marriage if— ...

F21 [ (d) one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity (within the meaning of the Assisted Decision-Making (Capacity) Act 2015) to consent to the marriage, ]

...

C4

Prospective affecting provision: subs. (1) amended by Children and Family Relationships Act 2015 (9/2015), s. 92, not commenced as of date of revision. These amendments are further amended by Civil Registration (Amendment) Act 2019 (13/2019), s. 2(1), not commenced as per subs. 2) as of date of revision.

2.—(1) In this Act, except where the context otherwise requires— ...

F23 [ ] ]

...

F22 [ donor-conceived child has the same meaning as it has in Part 2 of the F24 [ Children and Family Relationships Act 2015 ] ; ]

...

F22 [ parent , in relation to a donor-conceived child, means the parent or parents of that child under section 5 of the F24 [ Children and Family Relationships Act 2015 ] ; ]

..

“the required particulars” means—

F25 [ (a) in relation to a birth or a living new born child found abandoned, the particulars specified in Part 1 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;

(b) in relation to a stillbirth the particulars specified in Part 2 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child; ]

...

F25 [ (e) in relation to a death, the particulars specified in Part 5 of the First Schedule in relation to the deceased and, as applicable, the mother, father, parent and guardian of the deceased; ]

C5

Reference in subs. (1) to “registered medical practitioner” and “General Register of Medical Practitioners” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), (2), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument shall be construed as a reference to any division of the register.

...

Editorial Notes:

E6

Previous affecting provision: definition inserted by Children and Family Relationships Act 2015 (9/2015), s. 92(a), not commenced as of date of revision; deleted as per F-note above.

E7

Previous affecting provision: subs. (2A)(d) substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(b), not commenced; subsection deleted as per F-note above.

E8

Previous affecting provision: application of subss. (2)(e) and (2A)(e) construed by Gender Recognition Act 2015 (25/2015), s. 18(3), not commenced; deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 24(f)(i), S.I. No. 504 of 2015.

E9

Previous affecting provision: subs. (2)(e), (f) amended (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(b)(i), (ii), S.I. No. 357 of 2015; deleted and substituted as per F-note above.

E10

Definition of decree of nullity substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(c), S.I. No. 648 of 2010; definition of nullity does not exist in the section.

E11

Previous affecting provision: subs. (2)(e) amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(2)(b), S.I. No. 648 of 2010; superseded as per E-note above.

E12

Previous affecting provision: subs. (2)(f) inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(2)(c), S.I. No. 648 of 2010, and amended (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(b)(ii), S.I. No. 357 of 2015; substituted as per F-note above.

E13

Previous affecting provision: subs. (2A) inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(3), S.I. No. 648 of 2010, and amended (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(c), S.I. No. 357 of 2015; deleted as per F-note above.

2A
2A

F26 [ Prohibited degrees of relationship

2A. (1) For the purposes of this Act, any prohibition in this Act or any other enactment or rule of law on marriage between two persons of the opposite sex arising by virtue of a relationship of consanguinity or affinity between them, shall, subject to any necessary modifications, apply to marriage between two persons of the same sex as it applies to marriage between two persons of the opposite sex.

(2) A marriage purported to be solemnised which contravenes a prohibition referred to in subsection (1) shall be void. ]

Annotations:

Amendments:

F26

Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 5, S.I. No. 504 of 2015.

Editorial Notes:

E14

The section heading is taken from the amending section in the absence of one included in the amendment.

2B

F27 [ No impediment where subsisting civil partnership with each other

2B. There is not an impediment to a marriage by virtue of both of the parties to the intended marriage being parties to a subsisting civil partnership with each other. ]

Annotations:

Amendments:

F27

Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 6, S.I. No. 504 of 2015.

Editorial Notes:

E15

The section heading is taken from the amending section in the absence of one included in the amendment.

Regulations.

3

3.—(1) The Minister may make regulations—

( a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act,

( b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed,

( c) generally for the purpose of giving effect to this Act.

(2) If in any respect any difficulty arises during the period of two years from the commencement of this section in bringing this Act into operation, the Minister may, by regulations made by him or her, do anything which appears to be necessary or expedient for bringing this Act into operation.

(3) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.

(4) A regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations:

Editorial Notes:

E16

Power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2.

E17

Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Abridged Certificate) Regulations 2015 (S.I. No. 378 of 2015), in effect as per reg. 2.

E18

Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015), in effect as per reg. 2.

E19

Power pursuant to section exercised (11.08.2014) by Civil Registration (Certified Extract of Register of Deaths) Regulations 2014 (S.I. No. 371 of 2014), in effect as per reg. 2.

E20

Power pursuant to section exercised (1.01.2011) by Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010), in effect as per reg. 1(2).

E21

Power pursuant to section exercised (1.01.2011) by Civil Registration (Civil Partnership Registration Form) Regulations 2010 (S.I. No. 671 of 2010), in effect as per reg. 1(2).

E22

Power pursuant to section exercised (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), in effect as per reg. 1(2).

E23

Power pursuant to section exercised (1.01.2011) by Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010 (S.I. No. 668 of 2010), in effect as per reg. 1(2).

E24

Power pursuant to section exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), in effect as per reg. 1(2).

E25

Power pursuant to section exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010 (S.I. No. 666 of 2010), in effect as per reg. 1(2).

E26

Power pursuant to section exercised (5.11.2007) by Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007), in effect as per reg. 1(2).

E27

Power pursuant to section exercised (5.11.2007) by Register of Solemnisers (Correction of Errors) Regulations 2007 (S.I. No. 741 of 2007), in effect as per reg. 1(2).

E28

Power pursuant to section exercised (5.11.2007) by Civil Registration (Fees and Allowances) Regulations 2007 (S.I. No. 740 of 2007), in effect as per reg. 1(2).

E29

Power pursuant to section exercised (5.12.2005) by Civil Registration (Short Birth Certificate Regulations 2005 (S.I. No. 771 of 2005), in effect as per reg. 2.

E30

Power pursuant to section exercised (5.12.2005) by Civil Registration (Reduced Fees Regulations 2005 (S.I. No. 766 of 2005), in effect as per reg. 2.

E31

Previous affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.

E32

Previous affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.

E33

Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

E34

Previous affecting provision: power pursuant to section exercised (1.01.2011) by Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(c), in effect as per reg. 2.

E35

Previous affecting provision: power pursuant to section exercised (5.11.2007) by Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 (S.I. No. 744 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), reg. 6, in effect as per reg. 1(2).

E36

Previous affecting provision: power pursuant to section exercised (5.11.2007) by Register of Marriages (Correction of Errors) Regulations 2007 (S.I. No. 739 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010), reg. 7, in effect as per reg. 1(2).

E37

Previous affecting provision: power pursuant to section exercised (5.11.2007) by Marriage Registration Form Regulations 2007 (S.I. No. 738 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), reg. 3, in effect as per reg. 1(2).

E38

Previous affecting provision: power pursuant to section exercised (5.11.2007) by Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(b), in effect as per reg. 2.

E39

Previous affecting provision: power pursuant to section exercised (5.12.2005) by Civil Registration (Births and Deaths) (Fees) Regulations 2005 (S.I. No. 769 of 2005), in effect as per reg. 2; revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(a), in effect as per reg. 2.

E40

Previous affecting provision: power pursuant to section exercised (5.12.2005) by Civil Registration (Fees and Allowances) Regulations 2005 (S.I. No. 768 of 2005), in effect as per reg. 2; revoked (5.11.2007) by Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007), reg. 2, in effect as per reg. 1(2).

Repeals.

4

4.—The enactments specified in the Second Schedule are repealed to the extent specified in column 3 of that Schedule.

Transitional provisions.

5

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.

(2) Where any document refers to an enactment repealed by this Act and provision is made by this Act corresponding to that enactment, then, unless the context otherwise requires, that reference shall be construed as or, as the case may be, as including a reference to the corresponding provision of this Act.

(3) Nothing in this Act affects the validity of a marriage duly solemnised before the commencement of Part 6.

Expenses of Minister and Minister for Finance.

6

6.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of monies provided by the Oireachtas.

PART 2

Administration

Ard-Chláraitheoir.

7

7.—(1) The office of an tArd-Chláraitheoir provided for by section 4 of the Act of 1863 shall continue in existence after the commencement of this section notwithstanding the repeals effected by this Act, but the office shall be known as an tArd-Chláraitheoir an tSeirbhís um Chlárú Sibhialta and the person holding the office shall be known as an tArd-Chláraitheoir and is referred to in this Act as an tArd-Chláraitheoir.

(2) An tArd-Chláraitheoir shall be a person appointed to that office by the Minister from among his or her officers.

(3) An tArd-Chláraitheoir shall be a civil servant.

(4) A person appointed to be an tArd-Chláraitheoir shall hold office for a period of F28 [ 3 ] years but the Minister may, if he or she thinks fit, continue the appointment (including an appointment previously continued under this subsection) for such further period not exceeding F28 [ 3 ] years as he or she considers appropriate.

(5) A person appointed to be an tArd-Chláraitheoir shall, subject to subsection (4), hold office on such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance at the time of the appointment.

F29 [ (5A) A person appointed to be an tArd-Chl á raitheoir may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter. ]

(6) ( a) The Minister may remove an tArd-Chláraitheoir from office at any time if, in the opinion of the Minister, an tArd-Chláraitheoir is incapable by reason of ill-health of performing his or her functions, or has committed stated misbehaviour or his or her removal from office appears to the Minister to be necessary for the effective performance of the functions of the office.

  ( b) If an tArd-Chláraitheoir is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

(7) The person who immediately before the commencement of this section held the offices of an tArd-Chláraitheoir shall upon such commencement, be deemed to have been appointed under this section to be an tArd-Chláraitheoir upon terms and conditions equivalent to those upon which he or she held those offices and subsections (4) and (5) do not apply to that person.

(8) The functions of the office of an tArd-Chláraitheoir (being the office provided for by section 52 of the Act of 1844) are transferred to and shall be performed by an tArd-Chláraitheoir.

(9) References in any statute or any instrument made under any statute passed or made before the commencement of this section, or in any other document in existence immediately before such commencement, to the office of an tArd-Chláraitheoir provided for by section 52 of the Act of 1844 shall, upon such commencement, be construed as references to an tArd-Chláraitheoir.

Annotations:

Amendments:

F28

Substituted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 29(a), S.I. No. 655 of 2018.

F29

Inserted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 29(b), S.I. No. 655 of 2018.

Functions of Ard-Chláraitheoir.

8

8.—(1) The principal functions of an tArd-Chláraitheoir are—

( a) to maintain, manage and control the system of registration (which shall be known as the Civil Registration Service) established by the repealed enactments of births, stillbirths, F30 [ ] deaths and marriages, wherever occurring in the State, and of births to which section 26 or 27 applies and deaths to which section 38 or 39 applies,

( b) to extend the Civil Registration Service to decrees of divorce, and decrees of nullity F31 [ of marriage ], wherever granted in the State,

F32 [ ( bb ) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State,

( bbb ) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State, ]

( c) where appropriate, to modify and adapt the Civil Registration Service so as to provide for changing needs and circumstances (including the use of electronic or other information technology) in relation to the Service,

( d) for the purposes of the Civil Registration Service, where appropriate, to maintain, adapt, modify and enlarge the registers, indexes and other records established and maintained under the repealed enactments,

( e) to establish and maintain registers and indexes for the purposes of the registration of decrees of divorce and decrees of nullity F33 [ of marriage ],

F34 [ ( ee ) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships,

( eee ) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships, ]

F35 [ ( eeee ) to establish and maintain a register and index for the purpose of the registration of gender recognition, ]

( f) to monitor the operation of this Act,

( g) to make recommendations to the Minister on any measures that are estimated to cost in excess of such amount as may be specified by the Minister from time to time and are, in the opinion of an tArd-Chláraitheoir, necessary to achieve and maintain appropriate standards of efficiency in the Civil Registration Service and, subject to the consent of the Minister, to implement those measures or, instead of or in addition to them, such measures as the Minister may specify in relation to those standards,

( h) to publish guidelines to registrars (within the meaning of section 17 ) on the operation of this Act,

( i) to initiate and prosecute proceedings in relation to summary offences under this Act or any of the repealed enactments, and

( j) to perform any other functions conferred on him or her by the Minister under subsection (3).

(2) For the purposes of the foregoing and notwithstanding the repeals effected by section 4 , the system of registration of births, stillbirths, F36 [ deaths and marriages ] established and maintained under the repealed enactments shall continue in existence after the commencement of that section but may, if and whenever an tArd-Chláraitheoir considers it appropriate to do so, be adapted, modified or enlarged by him or her and, accordingly, the registers, indexes and other records established and maintained under the system shall also continue in existence after such commencement.

(3) The Minister may, by regulations, confer on an tArd-Chláraitheoir such additional functions in relation to the Civil Registration Service as he or she considers appropriate.

(4) An tArd-Chláraitheoir shall be independent in the performance of his or her functions F37 [ , including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010 ].

(5) An tArd-Chláraitheoir may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions F38 [ , including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010 ].

(6) An tArd-Chláraitheoir may delegate such of his or her functions F39 [ , including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010 ] as he or she considers appropriate to a member of his or her staff.

Annotations:

Amendments:

F30

Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(i), S.I. No. 511 of 2010.

F31

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 8(a), S.I. No. 648 of 2010.

F32

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 8(b), S.I. No. 648 of 2010.

F33

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 8(c), S.I. No. 648 of 2010.

F34

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 8(d), S.I. No. 648 of 2010.

F35

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 25, S.I. No. 369 of 2015.

F36

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(ii), S.I. No. 511 of 2010.

F37

Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(iii), S.I. No. 511 of 2010.

F38

Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(iv), S.I. No. 511 of 2010.

F39

Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(v), S.I. No. 511 of 2010.

Ard-Chláraitheoir Cúnta.

9

9.—(1) There shall stand established the office of an tArd-Chláraitheoir Cúnta an tSeirbhís um Chlárú Sibhialta and the person holding the office is referred to in this Act as an tArd-Chláraitheoir Cúnta.

(2) An tArd-Chláraitheoir Cúnta shall be a person appointed to that office by the Minister from among his or her officers.

(3) An tArd-Chláraitheoir Cúnta shall be a civil servant.

(4) Subject to subsection (5), an tArd-Chláraitheoir Cúnta shall have and may perform such functions as may be determined by the Minister from time to time and shall be subject to the general control and supervision of an tArd-Chláraitheoir.

(5) During a period of absence or incapacity of an tArd-Chláraitheoir or when there is a vacancy in that office, an tArd-Chláraitheoir Cúnta shall have and may perform all the functions of an tArd-Chláraitheoir.

(6) A person appointed to be an tArd-Chláraitheoir Cúnta shall hold office for a period of F40 [ 3 ] years but the Minister may, if he or she thinks fit, continue the appointment (including an appointment previously continued under this section) for such further period not exceeding F40 [ 3 ] years as he or she considers appropriate.

(7) A person appointed to be an tArd-Chláraitheoir Cúnta shall, subject to subsections (6) and (9), hold office on such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance at the time of the appointment.

F41 [ (7A) A person appointed to be an tArd-Chl á raitheoir C ú nta may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter. ]

(8) ( a) The Minister may remove an tArd-Chláraitheoir Cúnta from office at any time if, in the opinion of the Minister, an tArd-Chláraitheoir Cúnta is incapable by reason of ill-health of performing his or her functions or has committed stated misbehaviour or his or her removal from office appears to the Minister to be necessary for the effective performance of the functions of the office.

  ( b) If an tArd-Chláraitheoir Cúnta is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

(9) If, immediately before the commencement of this section, a person stands appointed under section 10 of the Act of 1863 as assistant to an tArd-Chláraitheoir, he or she shall upon, such commencement, stand appointed to the office of an tArd-Chláraitheoir Cúnta and shall hold that office upon terms and conditions equivalent to those upon which he or she held the office of such assistant and subsections (6) and (7) shall not apply to him or her.

Annotations:

Amendments:

F40

Substituted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 30(a), S.I. No. 655 of 2018.

F41

Inserted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 30(b), S.I. No. 655 of 2018.

Staff of Ard-Chláraitheoir.

10

10.—(1) The Minister, after consultation with an tArd-Chláraitheoir and with the consent of the Minister for Finance, may appoint, upon and subject to such terms and conditions as the Minister may determine, after the consultation and with the consent aforesaid, at the time of the appointment, such and so many officers of the Minister to be members of the staff of an tArd-Chláraitheoir as he or she considers necessary, and persons so appointed shall continue to be civil servants.

(2) Persons who were members of the staff of an tArd-Chláraitheoir who is referred to in section 52 of the Act of 1844 or section 4 of the Act of 1863 immediately before the commencement of this section shall, upon such commencement, become and be members of the staff of an tArd-Chláraitheoir upon terms and conditions equivalent to those that applied to their employment immediately before such commencement and shall continue to be civil servants.

Annual report.

11

11.—(1) An tArd-Chláraitheoir shall, not later than 30 June in each year, beginning with the year 2005, prepare a report in writing (in this section referred to as “the report”) on the operation of this Act in the preceding year and shall furnish a copy of it to the Minister.

(2) The report shall, if the Minister so directs, include information in such form and regarding such matters as he or she may specify.

(3) The Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(4) An tArd-Chláraitheoir may prepare such other reports (if any) in writing in relation to matters concerning the Civil Registration Service as the Minister may request or an tArd-Chláraitheoir considers appropriate and furnish copies of them to the Minister.

Oifig an Ard-Chláraitheora.

12

12.—(1) The office entitled Oifig an Ard-Chláraitheora provided under section 4 of the Act of 1863 shall continue in existence notwithstanding the repeals effected by this Act.

(2) Registers and indexes maintained by an tArd-Chláraitheoir under this Act shall be kept in Oifig an Ard-Chláraitheora or in such other place as an tArd-Chláraitheoir may direct with the approval of the Minister.

(3) An tArd-Chláraitheoir shall, as soon as may be, arrange for the provision of a seal for Oifig an Ard-Chláraitheora which shall be authenticated by the signature of an tArd-Chláraitheoir or a member of his or her staff duly authorised in that behalf by an tArd-Chláraitheoir.

(4) The seal of Oifig an Ard-Chláraitheora shall be judicially noticed and every instrument purporting to be made by Oifig an Ard-Chláraitheora and to be sealed with its seal (purporting to be authenticated in accordance with subsection (3)) shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.

(5) The functions of the Office entitled Oifig an Ard-Chláraitheora provided under section 52 of the Act of 1844 are transferred to and may be performed by Oifig an Ard-Chláraitheora.

(6) References in any statute or any instrument made under statute passed or made before the commencement of this section or in any document in existence immediately before such commencement to Oifig an Ard-Chláraitheora referred to in subsection (5) shall be construed as references to Oifig an Ard-Chláraitheora.

Registers.

13

13.—(1) There shall be established, where appropriate, and maintained by an tArd-Chláraitheoir—

( a) a register of all births occurring in the State or to which section 26 or 27 applies (which shall be known, and is referred to in this Act, as the register of births),

( b) a register of all stillbirths occurring in the State (which shall be known, and is referred to in this Act, as the register of stillbirths),

( c) F42 [ ]

( d) a register of all deaths occurring in the State or to which section 38 or 39 applies (which shall be known, and is referred to in this Act as the register of deaths),

( e) a register of all marriages taking place in the State (which shall be known, and is referred to in this Act, as the register of marriages),

( f) a register of all decrees of divorce (which shall be known, and is referred to in this Act, as the register of F43 [ decrees of divorce), ]

F44 [ ( g ) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage),

( h ) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships),

( i ) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of F45 [ dissolution), ]

( j ) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of decrees of nullity of civil F46 [ partnerships), and ] ]

F47 [ (k) a register of gender recognition (which shall be known, and is referred to in this Act, as the register of gender recognition). ]

(2) A register formerly maintained under the repealed enactments shall be deemed, for the purposes of subsection (1) and the other provisions of this Act, to be part of the appropriate register.

(3) A register may be maintained in any legible form or in any other form that is capable of being converted into a legible form and of being used to make a legible copy or reproduction of an entry in the register.

(4) Evidence of an entry in a register F48 [ , other than the register of gender recognition, ] and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir, a person authorised in that behalf by an tArd-Chláraitheoir, a Superintendent Registrar, an authorised officer or a registrar.

(5) F42 [ ]

(6) An tArd-Chláraitheoir may give a direction in writing to a registrar (within the meaning of section 17 ) or other person who holds a marriage register book provided under the repealed enactments to deliver the book or a copy of it to an authority specified in the direction not later than 28 days from the date of the direction.

(7) In subsections (2) to (4), “register” means a register maintained under subsection (1).

Annotations:

Amendments:

F42

Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(c), S.I. No. 511 of 2010.

F43

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 9(a), S.I. No. 648 of 2010.

F44

Substituted and inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 9(b), S.I. No. 648 of 2010.

F45

Substituted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 26(a)(i), S.I. No. 369 of 2015.

F46

Substituted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 26(a)(ii), S.I. No. 369 of 2015.

F47

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 26(a)(iii), S.I. No. 369 of 2015.

F48

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 26(b), S.I. No. 369 of 2015.

Schemes.

14

14.F49 [ (1) As soon as may be after the appointment of the first Superintendent Registrar of a registration area, he or she shall prepare a scheme in writing for the administration of the Civil Registration Service in that area and shall, after it has been approved by the Executive, submit the scheme to the Minister. ]

(2) When a scheme or a scheme under subsection (3) is submitted to the Minister, he or she may, after consultation with an tArd-Chláraitheoir, approve of it or refuse to approve of it or request the Superintendent Registrar concerned to make specified amendments, or amendments in relation to specified matters, to the scheme and then re-submit the amended scheme to the Minister for his or her approval.

(3) ( a) A scheme may be amended or revoked by a scheme under this subsection prepared by the Superintendent Registrar F49 [ of the registration area concerned ].

  ( b) A scheme under this subsection shall, after it has been approved by F49 [ the Executive ], be submitted to the Minister.

(4) A scheme or a scheme under subsection (3) shall be subject to the approval of F49 [ the Executive ].

(5) A scheme may contain such incidental, supplementary and consequential provisions as appear to F49 [ the Executive ] to be necessary or expedient for the purposes of the scheme.

(6) The Minister may, in consultation with an tArd-Chláraitheoir and F49 [ the Executive ], review the operation of a scheme that has been approved by the Minister or a scheme under subsection (3) that has been so approved (except in so far as it revokes another scheme) and may, having regard to the results of the review and after the consultation aforesaid, request the Superintendent Registrar concerned to make specified amendments, or amendments in relation to specified matters, to the scheme or to revoke it and prepare another scheme.

F49 [ (7) Without prejudice to the generality of subsection (1) , a scheme shall specify in relation to a registration area

( a ) the number of registrars required for the purpose of the performance of the Executive's functions within that area,

( b ) the number of other employees required for that purpose,

( c ) the locations within that area of the offices of the Executive,

( d ) the proposed functions of, and distribution of functions between, the registrars and employees assigned pursuant to the scheme,

( e ) particulars of the proposed conditions of employment of the registrars and employees assigned pursuant to the scheme, and

( f ) particulars or provisions in relation to any other matter standing specified for the time being by the Minister. ]

(8) When a scheme or a scheme under subsection (3) is approved by the Minister, it shall have effect in accordance with its terms and the functions of F49 [ the Executive in relation to the registration area concerned ] shall be performed in accordance with any relevant provisions of the scheme or the scheme under subsection (3).

(9) A scheme or a scheme under subsection (3) shall come into operation on such day or days as may be specified in it either generally or with reference to any particular purpose or provision and different days may be so specified for different purposes or different provisions.

(10) In this section “registrar” means a registrar within the meaning of section 17 .

Annotations:

Amendments:

F49

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 2, S.I. No. 887 of 2004.

Local registration authorities.

15

15.F50 [ (1) Each functional area of the Health Service Executive shall, subject to subsection (2A) , be a registration area for the purposes of this Act.

(2) After consulting with an tArd Chl á raitheoir, the Executive shall assign a name to each registration area.

(2A) The Executive may, with the consent of an tArd Chl á raitheoir, redefine for the purposes of this Act the boundaries of any of its functional areas, and, if it does so, that functional area as redefined shall be a registration area for those purposes. ]

F51 [ (3) Under the overall management, control and supervision of an tArd Chl á raitheoir, the Executive shall, in accordance with the provisions of the relevant scheme, manage, control and administer, through the Superintendent Registrar of each registration area, the Civil Registration Service in that area and perform in the area the other functions conferred on it by or under this Act. ]

(4) An tArd-Chláraitheoir may give a direction in writing to F51 [ the Executive ] in relation to F52 [ ] management, control and administration, of the Civil Registration Service in F51 [ a registration area ], and F51 [ the Executive ] shall comply with a direction given to it under this subsection.

F51 [ (5) The Executive shall, in each year beginning with the year 2005, prepare an estimate in writing of its income and expenditure in the next following year in respect of each registration area and shall submit a copy of it to an tArd Chl á raitheoir. ]

Annotations:

Amendments:

F50

Substituted and inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 3, S.I. No. 887 of 2004.

F51

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 3, S.I. No. 887 of 2004.

F52

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 3, S.I. No. 887 of 2004.

Financial provisions relating to authorities.

16

16.—(1) F53 [ ]

(2) F54 [ Accounts of the Executive relating to each scheme ] shall be audited by the Comptroller and Auditor General.

(3) F53 [ ]

Annotations:

Amendments:

F53

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 4(a), (c), S.I. No. 887 of 2004.

F54

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 4(b), S.I. No. 887 of 2004.

Staff of authorities.

17

17.F55 [ (1) Subject to the provisions of this section, the Executive, after consulting with an tArd Chl á raitheoir, shall

( a ) appoint, in respect of each registration area, an employee of the Executive as the chief officer of that area to be known as the Superintendent Registrar,

( b ) appoint such number of employees of the Executive as registrars of births, stillbirths, F56 [ deaths, marriages and civil partnerships ] and assign them to each registration area, and

( c ) assign such number of other employees to each registration area,

as it considers necessary for the performance of its functions.

(2) The appointment and assignment of a registrar under paragraph (b) and the assignment of an employee under paragraph (c) of subsection (1) to a registration area shall be in accordance with the scheme relating to the area.

(3) The Superintendent Registrar of a registration area shall manage, control and administer the Civil Registration Service on behalf of and subject to the control and direction of the Executive in that area and shall perform such other functions in relation to the Civil Registration Service as may from time to time be specified in writing to him or her by the Executive. ]

(4) A registrar shall have and perform F55 [ in the registration area to which he or she is assigned ] functions corresponding as nearly as may be to those standing conferred immediately before the commencement of this section on a registrar appointed under the repealed enactments and any other functions conferred on him or her by or under this Act (including F55 [ a scheme relating to that area ]).

(5) A registrar or an authorised officer shall, in the performance of his or her functions, be subject to the supervision of the Superintendent Registrar of F55 [ the registration area to which the registrar or officer is assigned ] and shall comply with any directions given to him or her under subsection (6).

F55 [ (6) A Superintendent Registrar of a registration area may give a direction to a registrar or authorised officer assigned to that area. ]

F57 [ (6A) A Superintendent Registrar of a registration area, with the consent of the Executive given following consultation with an tArd-Chl á raitheoir, may designate in writing a registrar assigned to that registration area to perform the functions of the Superintendent Registrar referred to in the designation in the absence (other than where the position of the Superintendent Registrar is vacant) of the Superintendent Registrar.

(6B) A registrar designated under subsection (6A) shall be accountable to the Superintendent Registrar concerned for the performance of the functions referred to in the designation.

(6C) The Superintendent Registrar shall be accountable to the Executive for the performance of the functions designated under subsection (6A) .

(6D) The Superintendent Registrar, with the consent of the Executive, may in writing revoke a designation under subsection (6A) . ]

(7) The Minister may, by regulations, confer on registrars such (if any) additional functions as he or she considers appropriate for the purposes of this Act.

(8) Subject to subsection (9), a registrar or other officer appointed after the commencement of this section shall hold office upon such terms and conditions as may be determined by F55 [ the Executive ] at the time of the appointment.

F55 [ (9) A person holding office under this section (including a Superintendent Registrar and a registrar) may be removed from office by the Executive if, in its opinion, the person is incapable by reason of ill health of performing the functions of the office or has committed stated misbehaviour or his or her removal from office appears to the Executive to be necessary for the effective performance of the functions of the office. ]

(10) F55 [ ( a ) The Executive may appoint any of its employees to be authorised officers either, as may be specified in the instrument of appointment, for the purposes of this Act or for the purposes of specified provisions of this Act and shall assign such officers to a registration area. ]

( b) An authorised officer, when exercising a power under this Act shall, if so requested by a person affected, produce to the person evidence in writing of his or her appointment as an authorised officer.

(11) A person holding office as a registrar of births, stillbirths, deaths and marriages immediately before the commencement of this section shall, upon such commencement, be deemed to have been appointed under this section as a registrar upon terms and conditions equivalent to those upon which he or she held the office aforesaid immediately before such commencement.

(12) A reference in any statute passed before the commencement of this section or in any instrument made under such a statute to a Superintendent Registrar or a registrar of births, stillbirths, deaths and marriages shall be construed as a reference to a Superintendent Registrar appointed under this section or a registrar, as the case may be, and, accordingly, a function standing vested in Superintendent Registrars or registrars of births, stillbirths, deaths and marriages immediately before such commencement under a provision of such a statute or instrument that continues in force after such commencement shall, upon such commencement, stand vested in Superintendent Registrars appointed under this section or registrars, as the case may be, and may be performed by, such a Superintendent Registrar or by a registrar, as the case may be.

(13) In this section “registrar” means a registrar of births, stillbirths, deaths F56 [ , marriages and civil partnerships ] appointed under this section.

Annotations:

Amendments:

F55

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 5, S.I. No. 887 of 2004.

F56

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 10, S.I. No. 648 of 2010.

F57

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 4, S.I. No. 357 of 2015.

PART 3

Registration of Births and Stillbirths

“the register” ( Part 3).

18

18.—In this Part, “the register” means, as the context requires, the register of births or the register of stillbirths and cognate words shall be construed accordingly.

Provision of particulars, and registration, of births.

19

19.—(1) Subject to the provisions of this Part, when a child is born in the State, it is the duty of—

( a) the parents or the surviving parent of the child, or

( b) if the parents are dead or incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with it in relation to the birth,

not later than 3 months from the date of the birth—

(i) to attend before any registrar,

(ii) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of the birth, and

(iii) there, to sign the register in the presence of the registrar.

(2) Where a person complies with subsection (1) in relation to a birth, the other persons referred to in that subsection are discharged from the performance in relation to that birth of the duty imposed by that subsection.

(3) Where, owing to non-compliance with subsection (1), a birth is not registered and, having made reasonable efforts to do so, F58 [ the Superintendent Registrar in whose registration area ] the birth occurred is unable to contact either parent of the child concerned, F58 [ the Superintendent Registrar may ] give a qualified informant a notice in writing requiring the informant—

F58 [ ( a ) to attend before a registrar in that registration area, at the office of the registrar or such other (if any) convenient place as may be specified by the Superintendent Registrar on or before a day so specified (not being less than 7 days from the date of the notice nor more than 12 months from the date of the birth), ]

( b) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of the birth, and

( c) there to sign the register in the presence of the registrar,

and, unless the birth is registered before the date of the attendance aforesaid, the informant shall comply with the requirement.

(4) Where paragraphs (i) to (iii) of subsection (1) or, as the case may be, paragraphs (a) to (c) of subsection (3) have been complied with in relation to a birth, the registrar concerned shall register the birth in such manner as an tArd-Chláraitheoir may direct.

(5) Where, in relation to the birth of a child—

( a) the parents of the child are dead or incapable through ill health of complying with subsection (1), or

( b) neither the parents nor another qualified informant can be found after all reasonable efforts to do so have been made,

an tArd-Chláraitheoir may cause the birth to be registered on production to him or her of such evidence as he or she considers adequate for the purpose which, in the case referred to in paragraph (b) , shall include, if the place where the birth occurred is known, evidence that the Superintendent Registrar F59 [ in whose registration area ] the birth occurred made all reasonable efforts to find the parents or a qualified informant.

(6) In this section “qualified informant”, in relation to the birth of a child, means—

( a) the parents or the surviving parent of the child,

( b) a guardian of the child,

( c) a person present at the birth,

( d) if the birth occurred in a building used as a dwelling or a part of a building so used, any person who was in the building or part at the time of the birth,

( e) if the birth occurred in a hospital or other institution or in a building or a part of a building occupied by any other organisation or enterprise the chief officer of the institution, organisation or enterprise (by whatever name called) or a person authorised by the chief officer to perform his or her functions,

( f) a person having charge of the child, or

( g) a man who duly makes a request under paragraph (c) or (d) of section 22(2) .

Annotations:

Amendments:

F58

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 6(a), S.I. No. 887 of 2004.

F59

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 6(b), S.I. No. 887 of 2004.

F60

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(a), not commenced as of date of revision.

F61

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(b)(i), not commenced as of date of revision.

F62

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(b)(ii), not commenced as of date of revision.

F63

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(c), not commenced as of date of revision.

F64

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 5(d), not commenced as of date of revision.

Modifications (not altering text):

C6

Prospective affecting provision: section amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 5, not commenced as of date of revision.

19.—...

F60 [ (1A) It is the duty of a person referred to in paragraph (a) or (b) of subsection (1) to furnish to the registrar such evidence in his or her possession or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar. ]

...

( b) there, to give to the registrar, to the best of his or her knowledge and belief, the required particulars of F61 [ the birth, ]

F62 [ (ba) to furnish to the registrar such evidence in his or her possession or within his or her power to so furnish, relating to the required particulars of the birth as may be requested by the registrar, and ]

...

F63 [ (5A) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chl á raitheoir of a request in that behalf, and an tArd-Chl á raitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (1) or a qualified informant has not signed the register. ]

(6) In this section “qualified informant”, in relation to the birth of a child, means— ...

F64 [ (aa) in so far as it relates to a child who makes a request under section 22(2)(d) or 23A(1) , the child, ]

...

19A

F65 [ Special provisions in relation to registration of birth of donor-conceived child

19A. ... ]

Annotations:

Amendments:

F65

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 93, not commenced as of date of revision.

F66

Substituted by Civil Registration Act 2019 (13/2019), s. 3(1), not commenced as per subs. (2) as of date of revision.

Modifications (not altering text):

C7

Prospective affecting provision: section inserted by Children and Family Relationships Act 2015 (9/2015), s. 93, not commenced as of date of revision. Section amended by Civil Registration (Amendment) Act 2019 (13/2019), s. 3, not commenced as per subs. (2) as of date of revision.

F65 [ 19A. (1) Where a child who is a donor-conceived child is born, the person referred to in paragraph (a) or (b) of section 19(1) shall comply with that section in relation to the birth, and shall also give the following to the registrar

(a) the certificate furnished to the person under section 27 (5) of the F66 [ Children and Family Relationships Act 2015 ] ,

(b) a statutory declaration referred to in subsection (2) .

(2) A statutory declaration referred to in subsection (1)(b) shall be in the form for the time being standing approved by an tArd-Chl á raitheoir, and shall state

(a) the parent or parents of the child consented, in accordance with Part 2 of the F66 [ Children and Family Relationships Act 2015 ] , to being the parents, under section 5 of that Act, of the child, and

(b) no person, other than the parent or parents referred to in paragraph (a), is the parent of the child.

(3) Where section 19(3) applies in relation to a birth referred to in subsection (1) , the qualified informant concerned shall comply with that section, and shall also give the following to the registrar

(a) the certificate referred to in subsection (1)(a) , and

(b) such evidence in his or her possession or within his or her power to so furnish relating to the consent by the parent or parents, or any other person, under Part 2 of the F66 [ Children and Family Relationships Act 2015 ] , to being the parents, under section 5 of that Act, of the child.

(4) Where the mother of a child referred to in subsection (1) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, and another person would, but for this subsection fall to be registered as a parent of the child under section 19 , that person shall not be so registered unless the person complies with subsection (3) and subsections (3A) to (3H) of section 22(3) .

(5) Where

(a) paragraphs (i) to (iii) of section 19(1) and subsection (1) , or

(b) as the case may be, paragraphs (a) to (c) of section 19(3) and subsection (3) ,

have been complied with in relation to a birth to which subsection (1) applies, the registrar concerned shall register the birth in accordance with this section and in such manner as an tArd-Chl á raitheoir may direct.

(6) In registering the birth of a child under this section, the registrar shall note on the register that the child is a child to whom subsection (1) applies.

(7) A note referred to in subsection (6) shall not be shown on any birth certificate issued to the child.

(8) Where

(a) the birth of a child has been registered other than under this section, and

(b) the registrar receives information from the Minister for Health to the effect that the child is a child to whom subsection (1) applies,

the registrar shall contact the persons who complied with section 19(1) in relation to the birth of the child and such other persons as he or she considers necessary, and make the enquiries necessary to determine whether the birth of the child should be re-registered under this section.

(9) Where the registrar, having made the enquiries referred to in subsection (8) , is of the opinion that the child concerned is a child to whom subsection (1) applies, he or she shall re-register the birth of the child under this section and enter in the register the name of the person who is, or persons who are, under section 5 of the F66 [ Children and Family Relationships Act 2015 ] , the parent or parents of the child.

(10) Where a person whose birth was registered in accordance with this section and who has attained the age of 18 years applies for a birth certificate, the registrar shall contact that person to inform him or her that further information relating to him or her is available from the National Donor-Conceived Person Register. ]

Editorial Notes:

E41

The section heading is taken from the amending section in the absence of one included in the amendment.

Births occurring more than 12 months before registration.

20

20.—(1) A registrar shall not register a birth at a time more than 12 months from the date of the birth without the consent in writing of the Superintendent Registrar F67 [ of the registration area to which the registrar is assigned ].

(2) The fact of the giving of a consent referred to in subsection (1) to a registrar shall be noted in the register.

Annotations:

Amendments:

F67

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 7, S.I. No. 887 of 2004.

Duty to notify registrar of abandoned new-born children.

21

21.—(1) Where a living new-born child is found abandoned, it is the duty of—

( a) the person who finds the child, and

( b) any person in whose charge the child is placed,

not later than 3 months from the date of the finding, to give to a registrar, to the best of his or her knowledge and belief, in such form and manner as may be directed by an tArd-Chláraitheoir, the required particulars of the birth and, thereupon, the registrar shall register the birth in such manner as may be so directed.

(2) Where a person complies with subsection (1) in relation to a child, the other person referred to in that subsection is discharged from the performance in relation to that child of the duty imposed by that subsection.

(3) Where the date of the birth of a child whose birth is required to be registered under this Act is not known and a registered medical practitioner certifies in writing that, in his or her opinion, the birth took place on or about a date specified in the certificate, the registrar concerned may enter that date in the register as the date of the birth of the child.

Annotations:

Modifications (not altering text):

C8

Reference to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

...

Registration of father where parents not married.

22

22.—(1) The father of a child who was not married to the mother of the child at the date of his or her birth or at any time during the period of 10 months before such birth shall not be required to give information under this Act about the birth.

(2) Subject to subsection (3), any registrar shall enter in the register the name of a person (“the person”) as the father of a child to whom subsection (1) applies—

( a) if the mother of the child (“the mother”) and the person jointly so request the registrar in writing and give to him or her a declaration in writing of the person that he is the father of the child, or

( b) if the mother so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child, and

(ii) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child,

or

( c) if the person so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the person, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is the father of the child, and

(ii) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that the person is the father of the child,

or

( d) if the mother or the person so requests the registrar in writing and produces to him or her a document purporting to be a copy of an order made by a court in proceedings referred to in section 45 of the Status of Children Act 1987 and to be certified by or on behalf of the court to be a true copy of the order, finding that the person is the father of the child.

(3) Where, in a case in which the mother of a child to whom sub-section (1) applies (“the mother”) was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, a person would, but for this subsection, fall to be registered under subsection (2) pursuant to a request under paragraph (a), (b) or (c) of that subsection, as the father of the child, the person shall not be so registered unless there is produced to a registrar—

( a) a statutory declaration of the person or each person to whom the mother was married at some time during the period aforesaid, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is not the father of the child, or

( b) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity F68 [ of marriage ] or a deed of separation.

(4) Where one of the persons to whom in any particular case sub-section (2)(d) applies makes a request to a registrar under that provision, the registrar shall notify the other person of the request.

(5) When a birth is being registered under this section, the register shall be signed by—

( a) the mother of the child concerned if she has made, or joined in the making of, the request concerned under subsection (2) , and

( b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under subsection (2).

(6) This section applies, with any necessary modifications, to stillbirths as it applies to births.

Annotations:

Amendments:

F68

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 11, S.I. No. 648 of 2010.

F69

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F70

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F71

Substituted by Civil Registration Act 2019 (13/2019), s. 4(1)(a), (c), not commenced as per subs. (2) as of date of revision.

F72

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(e), not commenced as of date of revision, subject to transitional provision in subs. (2).

F73

Deleted by Civil Registration Act 2019 (13/2019), s. 4(1)(b), not commenced as per subs. (2) as of date of revision.

F74

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 96(1), not commenced as of date of revision.

F75

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(a), not commenced as of date of revision, subject to transitional provision in subs. (2).

F76

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(b), not commenced as of date of revision, subject to transitional provision in subs. (2).

F77

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F78

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F79

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(c)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F80

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F81

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iv), not commenced as of date of revision, subject to transitional provision in subs. (2).

F82

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(f), not commenced as of date of revision, subject to transitional provision in subs. (2).

F83

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(i), not commenced as of date of revision, subject to transitional provision in subs. (2).

F84

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(ii), not commenced as of date of revision, subject to transitional provision in subs. (2).

F85

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(g)(iii), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C9

Prospective affecting provision: subs. (3)(c) substituted, subss. (3A), (3B) deleted and subs. (3C) amended by Civil Registration Act 2019 (13/2019), s. 4(1), not commenced as per subs. (2) and as of date of revision.

(3) Where, in a case in which the mother F69 [ ] was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, a person would, but for this subsection, F70 [ fall to be registered under subsection (1C) or pursuant to a request under paragraph (a) , (b) or (c) of subsection (2) ] , as the father of the child, the person shall not be so registered unless there is produced to a registrar—

...

F71 [ (c) a statutory declaration of the mother, that she has been living apart from the person who is, or any person who formerly was, her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall exhibit information, particulars and evidence relied on by the mother to establish the date that she has been living apart from the person who is or was her husband during the period of 10 months ending immediately before the birth of the child. ]

F72 [ (3A) F73 [ ]

(3B) F73 [ ]

(3C) F71 [ Where a statutory declaration under subsection (3)(c) is produced, the registrar, having considered the declaration shall ]

... ]

C10

Prospective affecting provision: subs. (1K), as prospectively inserted as per C-note below, amended by Children and Family Relationships Act 2015 (9/2015), s. 96(1), not commenced as of date of revision.

(1K) The registrar, if satisfied having made all reasonable efforts under subsection F74 [ (1B)(ii) ] that no contact can be made with the person, shall complete the registration of the birth of the child with the required particulars other than those relating to the father.

C11

Prospective affecting provision: section amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 6, not commenced as of date of revision.

22.—(1) F75 [ ]

F76 [ (1A) Subject to subsection (1E)(a) , the duty of a person referred to in section 19(1)(a) to comply with this Part applies notwithstanding that the father and mother of the child whose birth falls to be registered were not married to each other at the date of the child s birth or at any time during the period of 10 months before such birth.

(1B) Where the mother of the child to whom subsection (1A) applies (in this section referred to as the mother )

(a) attends under section 19(1) without the person (in this subsection and subsections (1C) to (1K) referred to as the person ) whom she identifies to the registrar as the father of the child,

(b) gives, unless subsection (1D) applies, to the registrar the required particulars of the birth, and

(c) signs the register,

the registrar shall

(i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

(ii) make all reasonable efforts to give notice in writing to the person requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is the father of the child.

(1C) A person given notice under subsection (1B)(ii) who agrees that he is the father of the child shall furnish to the registrar a statutory declaration, in a form for the time being standing approved by an tArd-Chl á raitheoir, that he is the father of the child, and his required particulars and the required particulars relating to the surname of the child, and the registrar, subject to section 25A , shall complete the registration of the birth of the child with those required particulars and the person shall sign the register in the presence of the registrar and in that case the signature provided by the mother under subsection (1B)(c) shall be retained on the register.

(1D) A mother may furnish to a registrar a statutory declaration made by her and relied on by her to satisfy the registrar that one or more than one of the following compelling reasons exists so as to exempt her from her duty to furnish to the registrar required particulars in so far as they relate to the father of the child:

(a) she does not know the identity of the father of the child;

(b) she does not know the whereabouts of the father of the child;

(c) she believes that providing the information is not in the best interests of the safety of the child and in that case the statutory declaration shall contain and, as necessary, exhibit information, particulars and evidence relating to that belief.

(1E) The registrar, having considered the statutory declaration furnished under subsection (1D) shall

(a) if satisfied that a compelling reason exists, register the birth of the child with required particulars, other than those relating to the father of the child, or

(b) if not satisfied that a compelling reason exists

(i) register the birth of the child with required particulars, other than the surname of the child and those relating to the father of the child, and

(ii) notify the mother of the child in writing that he or she is not satisfied that a compelling reason exists, giving reasons for the decision and requesting the mother to furnish required particulars in so far as they relate to the father of the child, and stating that she may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(1F) The mother may appeal against the decision of the registrar under subsection (1E)(b) in writing, in a form standing approved by an tArd- Chl á raitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (1E)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal in accordance with subsection (1G) .

(1G) In considering an appeal referred to him or her under subsection (1F) the Superintendent Registrar shall consider

(a) all information furnished by the mother under subsection (1D)(c) ,

(b) the reasons furnished by the registrar under subsection (1E)(b) ,

(c) the notice of appeal under subsection (1F) , and

(d) any additional information furnished in response to a request by the Superintendent Registrar for further information.

(1H) Having considered the matters referred to in paragraphs (a) to (d) of subsection (1G) the Superintendent Registrar shall decide to either

(a) annul the decision of the registrar under subsection (1E)(b) and direct the registrar to register the birth of the child under subsection (1E)(a) , or

(b) confirm the decision of the registrar under subsection (1E)(b) .

(1I) A mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (1H)(b) .

(1J) The jurisdiction conferred on the Circuit Court by subsection (1I) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.

(1K) The registrar, if satisfied having made all reasonable efforts under subsection (1B)(b) (ii) that no contact can be made with the person, shall complete the registration of the birth of the child with the required particulars other than those relating to the father. ]

(2) Subject to subsection (3), any registrar shall enter in the register the name of a person F77 [ (in this subsection referred to as the person ) ] as the father of a child to whom subsection (1) applies—

( a) if the mother F78 [ ] and the person jointly so request the registrar in writing and give to him or her a declaration in writing of the person that he is the father of the child, or

...

F79 [ (d) if the mother, person, or the child to whom the registration relates, if he or she has attained the age of 18 years and so requests the registrar in writing and produces to him or her a document purporting to be a declaration made under section 35 of the Status of Children Act 1987 or an order made by a court in proceedings referred to in section 45 of that Act and to be certified by or on behalf of the court to be a true copy of the declaration or order that the person is the father of the child. ]

(3) Where, in a case in which the mother F69 [ ] was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, a person would, but for this subsection, F70 [ fall to be registered under subsection (1C) or pursuant to a request under paragraph (a) , (b) or (c) of subsection (2) ] , as the father of the child, the person shall not be so registered unless there is produced to a registrar—

...

F80 [ ( b ) a statutory declaration of the mother in a form standing approved for the time being by an tArd-Chl á raitheoir, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity of marriage or a deed of separation, or ]

F81 [ ( c ) subject to subsections (3A) to (3G) a statutory declaration of the mother, that she has been living apart from the person who is or any person who formerly was her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall contain the name and last known contact details of the person who is her husband ( the husband ), and as necessary exhibit information, particulars and evidence relied on by the mother to satisfy the registrar that she has been living apart from the husband during the period of 10 months ending immediately before the birth of the child. ]

F72 [ (3A) The registrar, where a statutory declaration under subsection (3)(c) is produced, shall make all reasonable efforts to give notice in writing to the husband or former husband requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is not the father of the child.

(3B) The husband or former husband given notice under subsection (3A) who agrees that he is not the father of the child shall complete a statutory declaration under subsection (3)(a) .

(3C) The registrar, if satisfied having made all reasonable efforts under subsection (3A) that no contact can be made with the husband, and, having considered the statutory declaration of the mother under subsection (3)(c)

(a) if satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall register the person as the father of the child under subsection (1C) , or paragraph (a) , (b) or (c) of subsection (2) , or

(b) if not satisfied that the mother has been living apart from the husband or former husband during the period of 10 months ending immediately before the birth of the child shall notify the mother in writing that

(i) he or she is not so satisfied, giving reasons for the decision,

(ii) he or she is obliged to register the birth of the child with required particulars of the husband or former husband in so far as they relate to the father of the child, and

(iii) the mother may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(3D) The mother may appeal against the decision of the registrar under subsection (3C)(b) in writing, in a form standing approved by an tArd- Chl á raitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (3C)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal.

(3E) In considering an appeal referred to him or her under subsection (3D) the Superintendent Registrar shall consider

(a) all information furnished by the mother under subsection (3)(c) ,

(b) the reasons furnished by the registrar under subsection (3C)(b) ,

(c) the notice of appeal under subsection (3D) , and

(d) any additional information furnished in response to a request by the Superintendent Registrar for further information.

(3F) Having considered the matters referred to in paragraphs (a) to (d) of subsection (3E) , the Superintendent Registrar shall decide to either

(a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to register the birth of the child under subsection (3C)(a) , or

(b) confirm the decision of the registrar under subsection (3C)(b) .

(3G) The mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (3F)(b) .

(3H) The jurisdiction conferred on the Circuit Court by subsection (3G) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public. ]

(4) Where one of the persons to whom in any particular case sub-section (2)(d) applies makes a request to a registrar under that provision, the registrar F82 [ shall so notify the other persons referred to in that provision as capable of making a request ] of the request.

(5) When a birth is being registered under this section, the register shall be signed by—

( a) the mother of the child concerned if she has made, or joined in the making of, the request concerned under subsection (2) , F83 [ ]

( b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under F84 [ subsection (2) , and ]

F85 [ (c) the child to whom the registration relates who has attained the age of 18 years if he or she has made or joined in the making of the request concerned under subsection (2) . ]

...

Editorial Notes:

E42

Previous affecting provision: subs. (3)(c) inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(d)(iv), not commenced as of date of revision, subject to transitional provision in subs. (2); substituted by Civil Registration Act 2019 (13/2019), s. 4(1)(a), not commenced as per subs. (2) and as of date of revision.

E43

Previous affecting provision: subss. (3A), (3B) inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 6(1)(e), not commenced as of date of revision, subject to transitional provision in subs. (2); deleted as per F-note above.

Re-registration of birth to include name of father.

23

23.—(1) Where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered under this Act or the repealed enactments but no person has been registered as the child's father, then, subject to subsection (2) , any registrar shall re-register the birth in such manner as an tArd-Chláraitheoir may direct and shall enter in the register the name of a person (“the person”) as the father of the child—

( a) if the mother of the child and the person jointly so request the registrar in writing and give to him or her a declaration in writing, in a form for the time being standing approved by an tArd-Chláraitheoir, of the person, that he is the father of the child, or

( b) if the mother so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child, and

(ii) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child,

or

( c) if the person so requests the registrar in writing and gives to him or her—

(i) a declaration in writing of the person, in a form for the time being standing approved by an tArd-Chláraitheoir, that he is the father of the child, and

(ii) a statutory declaration of the mother, in a form for the time being standing approved by an tArd-Chláraitheoir, that the person is the father of the child,

or

( d) if the mother or the person so requests the registrar in writing and gives to the registrar a document purporting to be a copy of an order made by a court in proceedings referred to in section 45 of the Status of Children Act 1987 , and to be certified by or on behalf of the court to be a true copy of the order, finding that the person is the father of the child.

(2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar F86 [ of the registration area to which the registrar is assigned ].

(3) Where, in a case in which the mother of a child to whom sub-section (1) applies was married at the date of the birth of the child or at some time during the period of 10 months before such date and, but for this subsection, the birth would fall to be re-registered under that subsection pursuant to a request under paragraph (a), (b) or (c) thereof, and a person would fall to be registered under that subsection as the father of the child, the birth shall not be so re-registered and the person shall not be so registered unless there is produced to the registrar concerned—

( a) a statutory declaration of the person to whom the mother was married at that date and of the person or each person to whom she was married at some time during the period aforesaid, in a form standing approved for the time being by an tArd-Chláraitheoir, that he is not the father of the child, or

( b) a statutory declaration of the mother, in a form standing approved for the time being by an tArd-Chláraitheoir, that she has been living apart from the person who is, or the person or each person who was formerly, her husband during a period ending immediately before the date of the birth of the child of more than 10 months by virtue of a decree of divorce, a decree of divorce a mensa et thoro , a decree of nullity F87 [ of marriage ] or a deed of separation.

(4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

( a) that which was previously registered, or

( b) a surname determined in accordance with Part 1 or, as may be appropriate, Part 2 of the First Schedule.

(5) A birth which has been re-registered under this section may not be further re-registered save under section 24 .

(6) When a birth is being re-registered under this section, the register shall be signed by—

( a) the mother of the child concerned, if she has made, or joined in the making of, the request concerned under subsection (1) , and

( b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under subsection (1).

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

(8) This section applies, with any necessary modifications, to stillbirths as it applies to births.

Annotations:

Amendments:

F86

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 8, S.I. No. 887 of 2004.

F87

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 12, S.I. No. 648 of 2010.

F88

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 7(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C12

Prospective affecting provision: application of section restricted by Children and Family Relationships Act 2015 (9/2015), s. 94, not commenced as of date of revision.

Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child

94. Sections 23 and 23A of the Act of 2004 shall not apply to a donor-conceived child (within the meaning of Part 2).

C13

Prospective affecting provision: section substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 7(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

F88 [ 23. (1) This section applies where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered under this Act or the repealed enactments and

(a) no person has been registered as the child s father, or

(b) the mother of the child was married at the date of the birth of the child or at some time during the period of 10 months before such date and her husband or former husband is registered as the child s father.

(1A) Subject to subsection (2) , a registrar shall re-register the birth of a child to whom subsection (1) applies in such manner as an tArd- Chl á raitheoir may direct and shall enter in the register the name of a person (in this section referred to as the person ) as the father of the child

(a) if the mother of the child and the person jointly so request the registrar in writing and give to him or her a statutory declaration, in a form for the time being standing approved by an tArd-Chl á raitheoir, of the person, that he is the father of the child, or

(b) if the mother so requests the registrar in writing and gives to him or her

(i) a statutory declaration of the mother, in a form for the time being standing approved by an tArd-Chl á raitheoir, that the person is the father of the child, and

(ii) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chl á raitheoir, that he is the father of the child,

or

(c) if the person so requests the registrar in writing and gives to him or her

(i) a statutory declaration of the person, in a form for the time being standing approved by an tArd-Chl á raitheoir, that he is the father of the child, and

(ii) a statutory declaration of the mother, in a form for the time being standing approved by an tArd-Chl á raitheoir, that the person is the father of the child.

(2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

(3) Where, in a case in which the mother of a child to whom subsection (1) applies was married at the date of the birth of the child or at some time during the period of 10 months before such date and, but for this subsection, the birth would fall to be re-registered pursuant to a request under paragraph (a) , (b) or (c) of subsection (1A) , and a person would fall to be registered under subsection (1A) as the father of the child, the birth shall not be so re-registered and the person shall not be so registered unless there is produced to the registrar concerned

(a) a statutory declaration of the person to whom the mother was married at that date and of the person or each person to whom she was married at some time during the period aforesaid, in a form standing approved for the time being by an tArd-Chl á raitheoir, that he is not the father of the child,

(b) a statutory declaration of the mother in a form standing approved for the time being by an tArd-Chl á raitheoir, that she has been living apart from the person who is, or the person or each person who was formerly, her husband (in this section referred to as the husband ) during the period of 10 months ending immediately before the birth of the child by virtue of a decree of divorce, a decree of divorce a mensa et thoro , a decree of nullity of marriage or a deed of separation, or

(c) subject to subsections (3A) to (3G) a statutory declaration of the mother, that she has been living apart from her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall contain the name and last known contact details of the person who is her husband, and as necessary exhibit information, particulars and evidence relied on by the mother to satisfy the registrar that she has been living apart from the husband during the period of 10 months ending immediately before the birth of the child.

(3A) The registrar, where a statutory declaration under subsection (3)(c) is produced, shall make all reasonable efforts to give notice in writing to the husband requiring him to within 28 days attend before a registrar, at the office of the registrar or such other (if any) convenient place in the registration area concerned, as may be specified by the registrar in the notice, and there to inform the registrar if he agrees that he is not the father of the child.

(3B) The husband, given notice under subsection (3A) who agrees that he is not the father of the child, shall complete a statutory declaration under subsection (3) (a) .

(3C) The registrar, if satisfied having made all reasonable efforts under subsection (3A) that no contact can be made with the husband or former husband, and, having considered the statutory declaration of the mother under subsection (3)(c)

(a) if satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall enter in the register the name of the person as the child s father, or

(b) if not satisfied that the mother has been living apart from the husband during the period of 10 months ending immediately before the birth of the child shall notify the mother in writing that

(i) he or she is not so satisfied, giving reasons for the decision,

(ii) he or she is obliged to register the birth of the child with required particulars of the husband in so far as they relate to the father of the child, and

(iii) the mother may appeal the decision of the registrar not later than 28 days from the day on which the notice is sent by the registrar.

(3D) The mother may appeal against the decision of the registrar under subsection (3C)(b) in writing, in a form standing approved by an tArd- Chl á raitheoir or in a form to the like effect stating the reasons for the appeal, to a Superintendent Registrar in whose registration area the application to register the birth was made, not later than 28 days from the day on which the notice under subsection (3C)(b) is sent by the registrar, and the Superintendent Registrar shall determine the appeal.

(3E) In considering an appeal referred to him or her under subsection (3D) the Superintendent Registrar shall consider all information furnished by the mother under subsection (3)(c) , the reasons furnished by the registrar under subsection (3C)(b) , the notice of appeal under subsection (3D) and any additional information furnished in response to a request by the Superintendent Registrar for further information and shall decide to either

(a) annul the decision of the registrar under subsection (3C)(b) and direct the registrar to enter in the register the name of the person as the child s father, or

(b) confirm the decision of the registrar under subsection (3C)(b) .

(3F) The mother may appeal to the Circuit Court against the decision of the Superintendent Registrar under subsection (3E)(b) .

(3G) The jurisdiction conferred on the Circuit Court by subsection (3F) shall be exercised by a judge of the circuit in which the mother ordinarily resides and the appeal may be heard otherwise than in public.

(4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 or, as may be appropriate, Part 2 of the First Schedule .

(5) A birth which has been re-registered under this section may not be further re-registered save under section 23A or 24 .

(6) When a birth is being re-registered under this section, the register shall be signed by

(a) the mother of the child concerned, if she has made, or joined in the making of, the request concerned under subsection (1) , and

(b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request concerned under subsection (1) .

(6A) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chl á raitheoir of a request in that behalf, and an tArd-Chl á raitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be re-registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (6) has not signed the register.

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

(8) This section applies, with any necessary modifications, to stillbirths as it applies to births. ]

23A

F89 [ Re-registration on foot of court order

23A. ]

Annotations:

Amendments:

F89

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2010), s. 8, not commenced as of date of revision.

Modifications (not altering text):

C14

Prospective affecting provision: application of section restricted by Children and Family Relationships Act 2015 (9/2015), s. 94, not commenced as of date of revision.

Sections 23 and 23A of Act of 2004 not to apply to donor-conceived child

94. Sections 23 and 23A of the Act of 2004 shall not apply to a donor-conceived child (within the meaning of Part 2).

C15

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 8, not commenced as of date of revision.

F89 [ 23A. (1) Where the birth of a child whose parents were not married to each other at the date of the birth or at any time during the period of 10 months ending immediately before that date has been registered, whether or not anybody has been registered as the child s father, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chl á raitheoir may direct and shall enter in the register the name of a person ( the person ) as the father of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987 or an order made by a court in proceedings referred to in section 45 of that Act, and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the father of the child.

(2) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

(3) Where a birth is re-registered under this section, the surname of the child entered in the register shall be

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 of the First Schedule .

(4) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as the child s father as the case may be.

(5) When a birth is being re-registered under this section, the register shall be signed by

(a) the mother of the child concerned, if she has made, or joined in the making of, the request under subsection (1) ,

(b) the person who declares that he is the father of the child, if he has made, or joined in the making of, the request under subsection (1) , and

(c) the child to whom the registration relates, if he or she has attained the age of 18 years where he or she has made, or joined in the making of the request concerned under subsection (1) .

(6) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chl á raitheoir of a request in that behalf, and an tArd-Chl á raitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be re-registered notwithstanding that a person referred to in paragraph (a) , (b) or (c) of subsection (5) has not signed the register.

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register. ]

Editorial Notes:

E44

The section heading is taken from the amending section in the absence of one included in the amendment.

23B

F90 [ Re-registration of birth of donor-conceived child on foot of court order

23B. ]

Annotations:

Amendments:

F90

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 95, not commenced as of date of revision.

F91

Substituted by Civil Registration Act 2019 (13/2019), s. 5(1), not commenced as per subs. (2) as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: section inserted by Children and Family Relationships Act 2015 (9/2015), s. 95, not commenced as of date of revision. Section amended by Civil Registration Act 2019 (13/2019), s. 5, not commenced as per subs. (2) and as of date of revision.

F90 [ 23B. (1) Where the birth of a child has been registered under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chl á raitheoir may direct and shall enter in the register the name of a person ( the person ) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the District Court under section 21 of the F91 [ Children and Family Relationships Act 2015 ] , or by the Circuit Court under section 22 of the F91 [ Children and Family Relationships Act 2015 ] , and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

(2) Where the birth of a donor-conceived child has been registered, whether or not anybody other than the child s mother has been registered as a parent of the child, under this Act or the repealed enactments a registrar shall re-register the birth in such manner as an tArd-Chl á raitheoir may direct and shall enter in the register the name of a person ( the person ) as the parent of the child if the mother, the person or the child to whose birth the registration relates and who has attained the age of 18 years so requests and gives to the registrar a document purporting to be a copy of a declaration made by the Circuit Court under section 35 of the Status of Children Act 1987 , and to be certified by or on behalf of the court to be a true copy of the order finding that the person is the parent of the child.

(3) A birth shall not be re-registered under this section without the consent of a Superintendent Registrar of the registration area to which the registrar is assigned.

(4) Where a birth is re-registered under this section, the surname of the child entered in the register shall be

(a) that which was previously registered, or

(b) a surname determined in accordance with Part 1 of the First Schedule .

(5) Where one of the persons to whom subsection (1) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request.

(6) Where one of the persons to whom subsection (2) applies makes a request to a registrar under that provision, the registrar shall notify any other persons referred to in that provision capable of making a request and anybody registered as a parent, other than the mother, of the child, as the case may be.

(7) When a birth is being re-registered under this section, the register shall be signed by

(a) the mother of the child, if she has made, or joined in the making of, the request under subsection (1) or (2) ,

(b) the person declared by the court referred to in subsection (1) or (2) to be the parent of the child, if he or she has made, or joined in the making of, the request under that subsection, and

(c) the child to whom the registration relates, if he or she has reached the age of 18 where he or she has made, or joined in the making of the request concerned under subsection (1) or (2) .

(8) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chl á raitheoir of a request in that behalf, and an tArd-Chl á raitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the birth to be re-registered notwithstanding that a person referred to in paragraph (a) , (b) or (c) of subsection (7) has not signed the register.

(9) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.

(10) Where the person declared by the court referred to in subsection (1) or (2) to be the parent of the child is a male, he may be registered as the father of the child. ]

Editorial Notes:

E45

The section heading is taken from the amending section in the absence of one included in the amendment.

Re-registration of births of legitimated persons.

24

24.—(1) Any registrar shall, on application in writing to him or her in that behalf, on production to him or her of such evidence as appears to him or her to be satisfactory and on payment to that registrar of the prescribed fee, re-register the birth of a legitimated person (within the meaning of the Legitimacy Act 1931) whose birth is already registered under this Act or the repealed enactments.

(2) A registrar shall not re-register the birth of a person referred to in subsection (1) if information sufficient for the purpose of the re-registration is not furnished to him or her by both of the parents, or, if one of the parents is dead, by the surviving parent, of the person unless a declaration of the legitimacy of the person has been made under the Legitimacy Declaration Act (Ireland) 1868.

(3) A registrar shall not re-register a birth under this section without the consent of the Superintendent Registrar F92 [ of the registration area to which the registrar is assigned ].

(4) It is the duty of the parents of a legitimated person or, if one of the parents is dead and the re-registration of the birth concerned can be effected on information furnished by the surviving parent, within 3 months of the date of the marriage of the parents, to furnish to the registrar concerned the necessary information with a view to obtaining the re-registration of the birth of that person.

(5) Where the parents of a person whom the registrar concerned believes to have been legitimated under the Legitimacy Declaration Act (Ireland) 1868 fail or either of them fails to comply with subsection (4) , the registrar may, by notice in writing served on them, or either of them, require them or, if the notice is served on one only of them, that parent to give to him or her such information concerning the matter as he or she may consider necessary for the purpose of the re-registration of the birth of the person verified in such manner as he or she may direct and for that purpose to attend before the registrar at the office of the registrar or at any other place appointed by the registrar within such time, not being less than 14 days after the receipt of the notice, as may be specified in the notice and a person on whom a notice under this subsection is served shall comply with the requirement it contains.

(6) The failure of the parents of a legitimated person, or of either of them, to furnish information in accordance with this section in respect of the person shall not affect his or her legitimisation.

(7) Where a birth is re-registered under this section, the surname of the child entered in the register shall be—

( a) that which was previously registered, or

( b) a surname determined in accordance with Part 1 of the First Schedule .

(8) A birth which has been re-registered under this section may not be further re-registered but the then existing entry relating to the birth shall be retained in the register.

Annotations:

Amendments:

F92

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 9, S.I. No. 887 of 2004.

Registration, or alteration, of forename of child.

25

25.—(1) Any registrar shall, on application to him or her in writing, in a form standing approved by an tArd-Chláraitheoir or a form to the like effect, by the parents, the surviving parent or the guardian of a child whose birth has been registered, on production to that registrar of such evidence as appears to him or her to be satisfactory and on payment to that registrar of the prescribed fee—

( a) if the forename of the child has been registered, change or alter the forename in the entry in the register or add a forename or forenames to the entry, or

( b) if the forename of the child has not been registered, register the forename of the child.

(2) Where a forename is changed, altered or registered or one or more forenames are added under subsection (1), the then existing entry concerned shall be retained in the register, the change, alteration, registration or addition shall be deemed for all purposes to be and always to have been part of the original entry and the forename or forenames in the register may not be further changed, altered or added to.

Annotations:

Editorial Notes:

E46

Power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2.

E47

Previous affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.

E48

Previous affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.

E49

Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

25A

F93 [ Failure to agree surname and subsequent registration of surname

25A. ]

Annotations:

Amendments:

F93

Inserted by Civil Registration (Amendment) Act 2014 (34/2010), s. 9, not commenced as of date of revision.

F94

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 96(2), not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: subss. (2) and (3), as prospectively inserted as per C-note below, amended by Children and Family Relationships Act 2015 (9/2015), s. 96(2), not commenced as of date of revision.

(2) The duty imposed on a person under this Part to give to the registrar required particulars of the birth, in so far as those particulars refer to a surname for the child shall not apply where the registrar registers the birth under subsection (1), or under subsection (1E)(a) or F94 [ (1K) ] of section 22.

(3) Where a birth has been entered on the register under subsection (1) or under subsection (1E)(a) or F94 [ (1K) ] of section 22 the following persons may apply to a registrar to register the surname of the child:

...

C18

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2010), s. 9, not commenced as of date of revision.

F93 [ 25A. (1) A registrar shall register the birth of a child without the surname of the child as part of the required particulars where the registrar is satisfied that the parents of the child do not agree regarding a surname for the child.

(2) The duty imposed on a person under this Part to give to the registrar required particulars of the birth, in so far as those particulars refer to a surname for the child shall not apply where the registrar registers the birth under subsection (1) , or under subsection (1E)(a) or (1J) of section 22 .

(3) Where a birth has been entered on the register under subsection (1) or under subsection (1E)(a) or (1J) of section 22 the following persons may apply to a registrar to register the surname of the child:

(a) where the child concerned has not attained the age of 18 years

(i) the parents of the child, where they satisfy the registrar that they have agreed a surname for the child,

(ii) the surviving parent of the child, or

(iii) where there is no surviving parent, the guardian of the child,

or

(b) where the child concerned has attained the age of 18 years, the child.

(4) On receipt of an application referred to in subsection (3) in a form standing approved by an tArd-Chl á raitheoir or a form to the like effect, and on production to the registrar of such evidence as appears to him or her to be satisfactory and on payment of the prescribed fee, the registrar shall register the surname of the child.

(5) The surname of the child entered in the register under subsection (4) shall be a surname determined in accordance with Part 1 of the First Schedule .

(6) Where the surname of the child is entered in the register under subsection (4) , the existing entry in the register regarding the birth shall be retained in the register, the addition of the surname shall be deemed for all purposes to be and always to have been part of the original entry, and the surname so entered in the register may not be further changed, altered or added to. ]

Editorial Notes:

E50

The section heading is taken from the amending section in the absence of one included in the amendment.

Registration of births outside State of children of Irish citizens domiciled in State.

26

26.—(1) An tArd-Chláraitheoir may, on production to him or her of such evidence as appears to him or her to be satisfactory, cause the birth outside the State (other than a birth to which section 27 applies) of the child of an Irish citizen domiciled in the State to be registered in the register if—

( a) there was not at the time of the birth a system of registration of births in the place where the birth occurred or such a system that applied to such a child, or

( b) it is not possible to obtain copies of or extracts from civil records of the birth.

(2) Subsection (1) applies to the stillbirth of a child as it applies to the birth of a child and, accordingly, references in that subsection to birth and births shall be construed as including references to stillbirth and stillbirths, respectively.

Recording and registration of certain other births occuring outside State.

27

27.—(1) Regulations shall require such persons as may be specified to keep specified records of—

( a) the birth of a child, whether before or after the commencement of this section, on board an Irish aircraft or an Irish ship,

( b) the birth of a child of an Irish citizen on board a foreign ship or a foreign aircraft travelling to or from a port, or an airport, as the case may be, in the State, and

( c) the birth of a child of a member of the Garda Síochána or the Permanent Defence Force outside the State while the member is serving outside the State as such member.

(2) Regulations shall provide for the transmission of copies of records referred to in subsection (1), certified by specified persons to be true copies, to an tArd-Chláraitheoir, and for the making of specified returns in relation to such records to specified persons.

(3) An tArd-Chláraitheoir shall cause to be entered in the register the required particulars relating to births referred to in subsection (1) .

(4) Regulations shall provide for the correction of errors in records kept under subsection (1) and for the transmission of copies, certified by specified persons to be true copies, of records corrected under this subsection to an tArd-Chláraitheoir.

(5) On receipt of a corrected record under subsection (4), an tArd-Chláraitheoir shall cause a correct entry that takes account of the corrected record to be entered in the register and the then existing entry relating to the birth concerned shall be retained in the register.

(6) Subsections (1) to (5) apply to the stillbirth of a child as they apply to the birth of a child and, accordingly, references in those subsections to birth or births shall be construed as including references to stillbirth or stillbirths, respectively.

(7) In this section—

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

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

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

“Irish ship” has the meaning assigned to it by the Mercantile Marine Act 1955 .

Annotations:

Amendments:

F95

Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4 item 1, not commenced as of date of revision.

Modifications (not altering text):

C19

Prospective affecting provision: subs. (7) amended by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4 item 1, not commenced as of date of revision.

(7) In this section— ...

F95 [ Irish ship means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014. ]

27A

F96 [ Registrar may take and receive statutory declaration under Guardianship of Infants Act 1964

27A. ]

Annotations:

Amendments:

F96

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 97, not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provision: section inserted by Children and Family Relationships Act 2015 (9/2015), s. 97, not commenced as of date of revision.

F96 [ 27A. For the purposes of section 1 (1)(d) of the Statutory Declarations Act 1938 , a registrar may, during the period of 14 days immediately following the date on which the birth of a child is registered or re-registered, take and receive a statutory declaration made under section 2 (4)(e) or 6B(4)(c) of the Guardianship of Infants Act 1964 in respect of the child. ]

Editorial Notes:

E51

The section heading is taken from the amending section in the absence of one included in the amendment.

Registration of stillbirths.

28

28.—(1) Subject to the provisions of this Part, when a child is stillborn—

( a) the parents or, if one of the parents is dead, the surviving parent of the child, or

( b) if both of the parents are dead, a relative of either parent,

may F97 [ ]

(i) attend before any registrar,

(ii) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the stillbirth and, if it has been obtained, the certificate referred to in subsection (3) ,

(iii) after the registrar has entered the required particulars in relation to the stillbirth in the register, sign the register in the presence of the registrar.

(2) Where a person referred to in subsection (1) has taken the steps specified in paragraphs (i) to (iii) of that subsection in relation to a stillbirth, the registrar concerned shall register the stillbirth in the register in such manner as an tArd-Chláraitheoir may direct.

(3) Where a registered medical practitioner has attended the stillbirth of a child, or examined a stillborn child, he or she shall, if so requested by a person referred to in subsection (1), give to him or her a certificate signed by the practitioner stating—

( a) that he or she attended the stillbirth or, as the case may be, examined the child,

( b) the estimated weight and gestational age of the child, and

( c) if the stillbirth occurred in a hospital or other institution or the mother of the child was treated in a hospital or other institution, the name and address of the institution.

(4) Where a stillbirth is not registered during the period of 12 months from the date of the stillbirth, F98 [ Superintendent Registrar in whose registration area ] the stillbirth occurred may—

( a) in case the stillbirth took place, or the mother of the child was treated, in a hospital or other institution, request the institution, and

( b) in case the stillbirth did not take place in a hospital or other institution, but a registered medical practitioner attended the stillbirth or treated the child or a midwife attended the stillbirth, request the practitioner or midwife,

to give to any registrar F98 [ in that registration area ] the required particulars of the stillbirth, and the institution or person, as the case may be, shall comply with the request.

(5) Where the required particulars in relation to a stillbirth are given to a registrar pursuant to subsection (1) or (4) and if one has been obtained, the certificate referred to in subsection (3), is given to the registrar pursuant to subsection (1), the registrar shall register the birth in such manner as an tArd-Chláraitheoir may direct.

(6) Where a certificate referred to in subsection (3) is given to a person referred to in that subsection, a duplicate of the certificate may be used for the purpose of the registration of the stillbirth concerned.

(7) If, in the course of his duties, a coroner ascertains that a body is that of a stillborn child, he or she shall notify a registrar in the F98 [ registration area ] in which the body is located of the stillbirth and shall give to the registrar, in as far as he or she can ascertain them, the required particulars in relation to the stillbirth, and the registrar shall register the stillbirth in such manner as an tArd-Chláraitheoir may direct.

Annotations:

Amendments:

F97

Deleted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 10, S.I. No. 357 of 2015.

F98

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 10, S.I. No. 887 of 2004.

Modifications (not altering text):

C21

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

...

Registration of stillbirths that occurred before 31 December 1994.

29

29.—Where, in the case of a stillbirth that occurred before 31 December 1994, a parent of the stillborn child or a relative of either parent of the child who has knowledge of the stillbirth gives to any registrar the required particulars in relation to the stillbirth and evidence establishing to the satisfaction of the Superintendent Registrar of the F99 [ registration area ] concerned the occurrence of the stillbirth—

( a) the registrar shall enter the particulars in the register,

( b) the parent or relative shall then sign the register in the presence of the registrar, and

( c) the registrar shall register the stillbirth in such manner as an tArd-Chláraitheoir may direct.

Annotations:

Amendments:

F99

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 11, S.I. No. 887 of 2004.

Duty to notify Ard-Chláraitheoir of births and stillbirths.

30

30.—(1) It shall be the duty of the chief officer (by whatever name called) of a hospital or other institution in which a child is born or stillborn, or a person authorised by the chief officer to perform his or her functions, to give to the F100 [ Superintendent Registrar in whose registration area ] the hospital is situated, as soon as is practicable after the birth or stillbirth and in such manner as an tArd-Chláraitheoir may direct, the required particulars relating to the birth or, as the case may be, the stillbirth.

(2) Where a child is born or stillborn other than in a hospital or other institution—

( a) in case a registered medical practitioner is present at the birth or stillbirth or examines the child, it shall be the duty of the practitioner, and

( b) in case a registered medical practitioner is not present, but a midwife is, it shall be the duty of the midwife,

to notify the F100 [ Superintendent Registrar in whose registration area ] the birth or stillbirth occurs of the birth or stillbirth as soon as is practicable after the birth or stillbirth and to do so in the manner directed by an tArd-Chláraitheoir.

Annotations:

Amendments:

F100

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 12, S.I. No. 887 of 2004.

Modifications (not altering text):

C22

Reference to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

...

F101 [ PART 3A

Register of Gender Recognition ]

Annotations:

Amendments:

F101

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

30A

F102 [ Definitions ( Part 3A )

30A. In this Part

Adopted Children Register means the Adopted Children Register maintained under section 84 of the Adoption Act 2010 ;

register means the register of gender recognition. ]

Annotations:

Amendments:

F102

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

30B

F103 [ Entry in Register

30B. (1) A person referred to in sub paragraph (i) or (ii) of section 9 (1)(a) of the Act of 2015 to whom a gender recognition certificate is issued by the Minister may contact an tArd-Chl á raitheoir and request that the required particulars relating to the recognition of the gender of the person are entered in the register.

(2) Where an tArd-Chl á raitheoir is satisfied to make an entry in the register it shall contain

(a) if the requesting person is a person to whom sub paragraph (i) of section 9 (1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2A of the First Schedule as correspond to the required particulars that are entered in the register of births relating to that person, or

(b) if the requesting person is a person to whom subparagraph (ii) of section 9 (1)(a) of the Act of 2015 applies, such of the required particulars specified in Part 2B of the First Schedule as correspond to the particulars that are entered in the Adopted Children Register relating to that person.

(3) Evidence of an entry in the register and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chl á raitheoir or a person authorised in that behalf by an tArd-Chl á raitheoir. ]

Annotations:

Amendments:

F103

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

30C

F104 [ Index to register and privacy

30C. (1) An tArd-Chl á raitheoir shall maintain an index to the register.

(2) Subject to subsection (4) , an tArd-Chl á raitheoir shall, on application by a person referred to in subsection (3) to him or her in that behalf in writing and on payment to him or her of the prescribed fee

(a) search the register and the index to that register, or

(b) give the person

(i) a copy certified by him or her to be a true copy,

(ii) a copy, or

(iii) a certified extract,

of an entry in the register specified by the person.

(3) The following persons may make an application to an tArd-Chl á raitheoir under subsection (2) :

(a) the person to whom the entry on the register relates;

(b) a person who is, in relation to the person referred to in paragraph (a)

(i) the surviving spouse or civil partner,

(ii) if no surviving spouse or civil partner, the child,

(iii) if no surviving spouse or civil partner or child, a parent, or

(iv) if no surviving spouse or civil partner, child or parent, a surviving brother or sister.

(4) A copy of an entry or an extract thereof referred to in subsection (2)(b) shall omit any reference to or particulars of a personal public service number and true copy in those provisions shall be construed accordingly.

(5) The Minister, by regulations under this Act, may specify the particulars to be included in a certified extract referred to in subsection (2)(b)(iii) . ]

Annotations:

Amendments:

F104

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

Editorial Notes:

E52

Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Abridged Certificate) Regulations 2015 (S.I. No. 378 of 2015), in effect as per reg. 2.

E53

Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015), in effect as per reg. 2.

30D

F105 [ Separate index of connections between register of gender recognition and register of births

30D. (1) An tArd-Chl á raitheoir shall maintain an index to make traceable the connection between each entry in the register and the corresponding entry in the register of births or the Adopted Children Register.

(2) The index maintained under subsection (1) shall not be open to public inspection, and no information from that index shall be given to any person except by order of a court.

(3) A certified copy of an entry in the register, if purporting to be issued under the seal of Oifig an Ard-Chl á raitheora shall be received, without further proof, as evidence of the facts stated therein and any requirement of law for the production of a certificate of birth shall be satisfied by the production of the certified copy.

(4) A court shall not make an order referred to in subsection (2) , where the person to whom the information relates is a child of less than 18 years of age, unless satisfied that it is in the best interest of the child. ]

Annotations:

Amendments:

F105

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

30E

F106 [ Cancellation or amendment of entry in register

30E. (1) An tArd-Chl á raitheoir, as soon as practicable following receipt of a notice under section 14 (9)(a) or 15 (11)(a) of the Act of 2015, shall cancel the appropriate entry in the register, the index referred to in section 30C(1) and the index referred to in section 30D .

(2) An tArd-Chl á raitheoir, as soon as practicable following receipt of a notice under section 16 (8)(a) of the Act of 2015, shall correct the appropriate entry in the register and the original entry shall be retained in the register.

(3) An tArd-Chl á raitheoir

(a) following a re-registration or correction under section 23 , 23A , 24 , 25 , 25A , 63 , 64 or 65 of an entry in the register of births, or

(b) an amendment under subsection (5), (7) or (9) of section 84 of the Act of 2010 of an entry in the Adopted Children Register,

which corresponds to an entry in the register, shall amend the appropriate entry in the register accordingly. ]

Annotations:

Amendments:

F106

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 27, S.I. No. 369 of 2015.

PART 4

Registration of Adoptions

Definitions ( Part 4).

31

31.F107 [ ]

Annotations:

Amendments:

F107

Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Registration of adoptions.

32

32.F108 [ ]

Annotations:

Amendments:

F108

Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Registration of foreign adoptions.

33

33.F109 [ ]

Annotations:

Amendments:

F109

Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Directions of High Court in relation to entries in register in respect of foreign adoptions.

34

34.F110 [ ]

Annotations:

Amendments:

F110

Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

Privacy of adoption records.

35

35.F111 [ ]

Annotations:

Amendments:

F111

Repealed (1.11.2010) by Adoption Act 2010 (21/2010), s. 7(1) and sch. 1 part 1, S.I. No. 511 of 2010.

PART 5

Registration of Deaths

“the register” ( Part 5).

36

36.—In this Part, “the register” means the register of deaths, and cognate words shall be construed accordingly.

Provision of particulars, and registration, of deaths.

37

37.—(1) When a death occurs in the State, it is the duty of—

( a) a relative F112 [ or civil partner ] of the deceased who has knowledge of the required particulars in relation to the death, and

( b) if there is no such relative F112 [ or civil partner ] who can be found or every such relative F112 [ or civil partner ] is incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with it in relation to the death,

within 3 months from the date of the death to give to any registrar the required particulars of the death in the form standing specified for the time being by an tArd-Chláraitheoir.

(2) Subject to section 40 , where, after the expiration of 3 months from the date of the death of a person in the State, the death has not been registered because of non-compliance with subsection (1), the F113 [ Superintendent Registrar in whose registration area ] the death occurred may serve a notice on any qualified informant requiring him or her—

( a) to attend before a registrar in F113 [ that registration area or in the registration area ] in which the informant ordinarily resides at the office of the registrar or at any other convenient place specified in the notice within such time (not being less than 10 days from the date of the notice) as may be specified in the notice,

( b) there, to give to the registrar, to the best of his or her knowledge and belief, in a form standing specified by an tArd-Chláraitheoir, the required particulars relating to the death and, if so requested by the registrar, the relevant certificate under section 42 , and

( c) there, to sign the register relating to the death in the presence of the registrar,

and, unless the death is duly registered before the expiration of the time specified in the notice, the informant shall comply with the requirement and, thereupon, the registrar shall register the death in such manner as an tArd-Chláraitheoir may direct.

(3) Where a person complies with subsection (1) in relation to a death, the other persons referred to in that subsection are discharged in relation to that death from the duty imposed by that subsection.

(4) This section applies also to a death that occurred before the commencement of this section and as respects which section 9 of the Births and Deaths Registration Act (Ireland) 1880 was not complied with.

(5) In this section “qualified informant”, in relation to a death, means—

( a) a relative F112 [ or civil partner ] of the deceased who has knowledge of the required particulars concerned,

( b) a person present at the death,

( c) any other person who has knowledge of the required particulars,

( d) if the death occurred in a building used as a dwelling or a part of a building so used, any person who was in the building or part at the time of the death,

( e) if the death occurred in a hospital or other institution or in a building or a part of a building occupied by any other organisation or enterprise, the chief officer of the institution, organisation or enterprise (by whatever name called) or a person authorised by the chief officer to perform his or her functions,

( f) a person who found the body of the person concerned,

( g) a person who took charge of that body,

( h) the person who procured the disposal of that body, or

( i) any other person who has knowledge of the death.

Annotations:

Amendments:

F112

Inserted (1.11.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 13, S.I. No. 648 of 2010.

F113

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 13, S.I. No. 887 of 2004.

F114

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(a), not commenced as of date of revision.

F115

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(b), not commenced as of date of revision.

F116

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(c)(i), not commenced as of date of revision.

F117

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(c)(ii), not commenced as of date of revision.

F118

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(c)(iii), not commenced as of date of revision.

F119

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(d), not commenced as of date of revision.

F120

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(e), not commenced as of date of revision.

Modifications (not altering text):

C23

Prospective affecting provision: section amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 11, not commenced as of date of revision.

37.F114 [ (1) When a death occurs in the State, it is the duty of

(a) a relative, civil partner, cohabitant, next of kin, personal representative or religious superior of the deceased who has knowledge of the required particulars in relation to the death, and

(b) if there is no such relative, civil partner, cohabitant, next of kin, personal representative or religious superior who can be found or every such person is incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with it in relation to the death,

within 3 months from the date of the death

(i) to attend before any registrar,

(ii) there, to give to the registrar, to the best of his or her knowledge and belief, in a form standing specified by an tArd-Chl á raitheoir, the required particulars of the death, and

(iii) there, to sign the register relating to the death in the presence of the registrar. ]

F115 [ (1A) It is the duty of a person referred to at paragraph (a) or (b) of subsection (1) to furnish to a registrar such evidence in his or her possession, or within his or her power to so furnish, relating to the required particulars of the death as may be requested by the registrar. ]

(2) Subject to section 40 , where, after the expiration of 3 months from the date of the death of a person in the State, the death has not been registered because of F116 [ non-compliance with subsection (1) or (1A) ] , the F113 [ Superintendent Registrar in whose registration area ] the death occurred may serve a notice on any qualified informant requiring him or her—

...

( b) there, to give to the registrar, to the best of his or her knowledge and belief, in a form standing specified by an tArd-Chláraitheoir, the required particulars relating to the death and, if so requested by the registrar, the relevant certificate under F117 [ section 42 , ]

F118 [ (ba) to furnish to the registrar such evidence in his or her possession, or within his or her power to so furnish, relating to the required particulars of the death as may be requested by the registrar, and ]

...

F119 [ (3A) The registrar shall notify the Superintendent Registrar of the registration area to which the registrar is assigned, who shall advise an tArd-Chl á raitheoir of a request in that behalf, and an tArd-Chl á raitheoir, on production to him or her of such evidence as he or she considers adequate to show that exceptional circumstances exist such that it is necessary for the relief of undue hardship, may direct the Superintendent Registrar to cause the death to be registered notwithstanding that a person referred to in paragraph (a) or (b) of subsection (1) has not signed the register. ]

...

F120 [ (5) In this section

next of kin means a person nominated in writing as next of kin by the deceased for the purposes of his or her medical treatment or medical records;

personal representative means the executor or executrix or the administrator or administratrix for the time being of a deceased person;

qualified informant in relation to a death means

(a) a relative, civil partner, cohabitant, next of kin, personal representative or religious superior of the deceased who has knowledge of the required particulars concerned,

(b) a person present at the death,

(c) any other person who has knowledge of the required particulars,

(d) if the death occurred in a building used as a dwelling or a part of a building so used, any person who was in the building or part at the time of the death,

(e) if the death occurred in a hospital or other institution or in a building or a part of a building occupied by any other organisation or enterprise, the chief officer of the institution, organisation or enterprise (by whatever name called) or a person authorised by the chief officer to perform his or her functions,

(f) the person who found the body of the person concerned,

(g) the person who took charge of that body,

(h) the person who procured the disposal of that body, or

(i) any other person who has knowledge of the death;

religious superior in relation to a deceased person who was a member of a religious body within the meaning of section 45 living as a member of the religious body in an order or community, means the person in charge of the order or community in which the deceased person resided prior to his or her death. ]

Registration of deaths occurring outside State of Irish citizens domiciled in State.

38

38.—An tArd-Chláraitheoir may, on production to him or her of such evidence as appears to him or her to be satisfactory, cause the death outside the State (other than a death to which section 39 applies) of an Irish citizen domiciled in the State to be registered in the register if—

( a) there was not at the time of the death a system of registration of deaths in the place where the death occurred or such a system that applied to such a death, or

( b) it is not possible to obtain copies of or extracts from civil records of the death.

Recording and registration of certain other deaths occurring outside State.

39

39.—(1) Regulations shall require such persons as may be specified to keep specified records of—

( a) the death of a person on board an Irish aircraft or an Irish ship,

( b) the death of an Irish citizen on board a foreign ship or a foreign aircraft travelling to or from a port, or an airport, as the case may be, in the State, and

( c) the death of a member of the Garda Síochána or the Permanent Defence Force or of the spouse or specified members of the family of such a member outside the State while the member is serving outside the State as such member.

(2) Regulations shall provide for the transmission of copies of records referred to in subsection (1), certified by specified persons to be true copies, to an tArd-Chláraitheoir.

(3) An tArd-Chláraitheoir shall cause to be entered in the register the required particulars relating to deaths to which records referred to in subsection (1) relate.

(4) Regulations shall provide for the correction of errors in records kept under subsection (1) and for the transmission of copies, certified by specified persons to be true copies, of records corrected under this subsection to an tArd-Chláraitheoir.

(5) On receipt of a corrected record under subsection (4), an tArd-Chláraitheoir shall cause a correct entry that takes account of the corrected record to be entered in the register and the then existing entry relating to the death concerned shall be retained in the register.

(6) In this section—

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

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

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

“Irish ship” has the meaning assigned to it by the Mercantile Marine Act 1955 .

Annotations:

Amendments:

F121

Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014)), s. 68 and sch. 4, not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: subs. (6) amended by Merchant Shipping (Registration of Ships) Act 2014 (43/2014)), s. 68 and sch. 4, not commenced as of date of revision.

(6) In this section— ...

F121 [ Irish ship means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014. ]

Registration after more than 12 months from death.

40

40.—(1) A registrar shall not register a death at a time more than 12 months from the date of the death or the finding of the body concerned without the consent in writing of the Superintendent Registrar F122 [ of the registration area to which the registrar is assigned ].

(2) The fact of the giving of a consent under subsection (1) shall be noted in the register.

Annotations:

Amendments:

F122

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 14, S.I. No. 887 of 2004.

Furnishing of particulars of death by a coroner to registrar.

41

41.—(1) Where, in pursuance of the Coroners Act 1962, a coroner—

( a) holds an inquest,

( b) adjourns an inquest at which evidence of identification and medical evidence as to the cause of death has been given, or

( c) decides, as a result of a post-mortem examination, not to hold an inquest,

he or she shall give the appropriate registrar a certificate containing the required particulars of the death concerned and that registrar shall register the death in such manner as an tArd-Chláraitheoir may direct.

(2) Where a coroner inquires into the circumstances of a death without holding an inquest or causing a post-mortem examination to be made, he or she shall give the appropriate registrar a certificate containing the required particulars of the death and that registrar shall register the death in such manner as an tArd-Chláraitheoir may direct.

(3) Where there is an error in a certificate furnished under subsection (1) or (2) the coroner concerned may give a certificate correcting the error to the registrar concerned, and the registrar shall correct the error in the register.

(4) In this section “appropriate registrar” means a registrar in the F123 [ registration area ] in which the body concerned is lying or was found.

Annotations:

Amendments:

F123

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 15, S.I. No. 887 of 2004.

F124

Inserted by Civil Registration Act 2019 (13/2019), s. 6(a), not commenced as of date of revision.

F125

Substituted by Civil Registration Act 2019 (13/2019), s. 6(b), not commenced as of date of revision.

Modifications (not altering text):

C25

Prospective affecting provision: subs. (2A) inserted and subs. (4) substituted by Civil Registration Act 2019 (13/2019), s. 6, not commenced as of date of revision.

F124 [ (2A) In preparing a certificate under subsection (1) or (2) the coroner, in so far as is practicable and appropriate

(a) shall inform a qualified informant of the coroner s duty to submit the certificate of required particulars to the appropriate registrar, and

(b) may seek any information or assistance, as he or she thinks necessary, from one or more qualified informants, for the purposes of the preparation of the certificate concerned. ]

...

F125 [ (4) In this section

appropriate registrar means a registrar in the registration area in which the body concerned is lying or was found;

qualified informant has the meaning assigned to it by section 37 . ]

Certificate of cause of death.

42

42.—(1) On the death following an illness of a person who was attended during that illness by a registered medical practitioner, the practitioner shall sign and give to a qualified informant (within the meaning of section 37 ) a certificate stating to the best of his or her knowledge and belief the cause of the death, and the informant shall give the certificate to any registrar together with the form specified in section 37(1) containing the required particulars in relation to the death.

(2) Where a registrar is given a certificate under subsection (1), the registrar shall enter in the register, together with the required particulars—

( a) the cause of the death concerned stated in the certificate, and

( b) the name and address of the registered medical practitioner concerned.

Annotations:

Modifications (not altering text):

C26

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

...

42A

F126 [ Notification of early neonatal deaths

42A. ]

Annotations:

Amendments:

F126

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 12, not commenced as of date of revision.

Modifications (not altering text):

C27

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 12, not commenced as of date of revision.

F126 [ 42A. (1) Where the death occurs during the first 7 days of life of a child born alive ( early neonatal death ) it shall be the duty of the registered medical practitioner who attends the child concerned to give to the Superintendent Registrar in whose registration area the death occurred, as soon as practicable after the occurrence of the early neonatal death and in such manner as an tArd-Chl á raitheoir may direct, the required particulars relating to the early neonatal death.

(2) The duty imposed on a registered medical practitioner under subsection (1) is in addition to, and not in substitution for, a duty or obligation imposed on a person under section 37 . ]

Editorial Notes:

E54

The section heading is taken from the amending section in the absence of one included in the amendment.

Place of death.

43

43.—(1) Where the body of a dead person is found on land and the place in which the death occurred is not known, the death shall be registered by a registrar in the F127 [ registration area ] in which the body is found.

(2) Where the body of a dead person is found in a river, lake or waterway or in the sea or any other area of water, the death shall be registered by a registrar in the F127 [ registration area ] where the body is brought ashore from the area of water in question.

Annotations:

Amendments:

F127

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 16, S.I. No. 887 of 2004.

Power of coroner to authorise disposal of bodies.

44

44.—(1) A coroner may—

( a) when he or she has held an inquest on a body, but, subject to paragraph (b), in no other circumstances, if he or she thinks fit, by order authorise—

(i) a relative of the deceased person, or any other person, who proposes to cause the body to be disposed of, or

(ii) the undertaker, or any other person, who is in charge of the funeral of the deceased person,

to dispose of the body before the registration of the death, and

( b) authorise the disposal of a body, whether it is lying for the time being in or outside his or her district, irrespective of whether he or she has decided that it is, or will become, necessary to hold an inquest on it.

(2) In subsection (1), “disposal”, in relation to a body, means disposal by burial, cremation or any other means and cognate words shall be construed accordingly.

F128 [ PART 5A

Death Abroad ]

Annotations:

Amendments:

F128

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

44A

F129 [ Application of Part

44A. ]

Annotations:

Amendments:

F129

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

Modifications (not altering text):

C28

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

F129 [ 44A. (1) This Part applies to the death occurring outside of the State (other than where section 38 or 39 applies) of an Irish citizen who was ordinarily resident in the State within 5 years prior to the date of his or her death.

(2) Part 5 shall not apply to a death to which this Part applies.

(3) This Part applies to a death referred to in subsection (1) that occurs before or after the commencement of this section. ]

44B

F130 [ Record of deaths abroad

44B. ]

Annotations:

Amendments:

F130

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

Modifications (not altering text):

C29

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

F130 [ 44B. (1) An tArd-Chl á raitheoir shall maintain and keep a record of all deaths to which this Part applies (in this Part referred to as the record of deaths abroad ), notified to him or her, a Superintendent Registrar or registrar under this Part.

(2) The record of deaths abroad may be maintained in any legible form or in any other form that is capable of being converted into a legible form and of being used to make a legible copy or reproduction of an entry in the record. ]

44C

F131 [ Provision of information

44C. ]

Annotations:

Amendments:

F131

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

F132

Substituted by Civil Registration Act 2019 (13/2019), s. 7(1)(a), not commenced as of subs. (2) as of date of revision.

F133

Inserted by Civil Registration Act 2019 (13/2019), s. 7(1)(b), not commenced as per subs. (2) as of date of revision.

F134

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 98, not commenced as of date of revision.

Modifications (not altering text):

C30

Prospective affecting provision: subs. (2)(d)(xiii), as prospectively inserted as per C-note below, amended and para. (xiv) inserted by Civil Registration Act 2019 (13/2019), s. 7(1), not commenced as per subs. (2) as of date of revision.

F131 [ ...

(xiii) forename, surname, qualification, address and signature F132 [ of informant; ]

F133 [ (xiv) forename(s) and birth surname(s) of parent(s) of deceased. ]

... ]

C31

Prospective affecting provision: subs. (2)(d), as prospectively inserted as per C-note below, amended by Children and Family Relationships Act 2015 (9/2015), s. 98, not commenced as of date of revision.

(2) The following information and documents shall be furnished with a request under subsection (1): ...

(d) as much of the following information as may be available: ...

F134 [ (xiiA) forename and birth surname of parent of deceased; ]

...

C32

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

F131 [ 44C. (1) An informant may notify a registrar of the death of a deceased person in relation to whose death this Part applies, and on furnishing the information and documents referred to in subsection (2) may request that the death is recorded on the record of deaths abroad.

(2) The following information and documents shall be furnished with a request under subsection (1) :

(a) such evidence, as may be specified by an tArd-Chl á raitheoir, to satisfy the registrar that the death is a death to which this Part applies,

(b) where required by the registrar, a document duly authenticated which purports to be a translation of a document referred to in paragraph (c) ,

(c) where there was at the time of the death, a system of registration of deaths in the state where the death occurred which applied to the death, a document certified to be a true copy or extract from civil records of the death in accordance with the laws of that state,

(d) as much of the following information as may be available:

(i) date and place of death;

(ii) place of birth of deceased;

(iii) sex of deceased;

(iv) forename, surname, birth surname and address of deceased;

(v) personal public service number of deceased;

(vi) civil status of deceased;

(vii) date of birth of deceased;

(viii) profession or occupation of deceased;

(ix) if deceased was married or a civil partner, the profession or occupation of spouse or civil partner;

(x) if deceased was less than 18 years of age on date of death, occupation of each of his or her parents or guardian;

(xi) forename and birth surname of father of deceased;

(xii) forename and birth surname of mother of deceased;

(xiii) forename, surname, qualification, address and signature of informant.

(3) The informant shall provide his or her signature, in such manner as an tArd-Chl á raitheoir may direct, to the registrar.

(4) In this section informant means a relative, civil partner or cohabitant of a deceased person in relation to whose death this Part applies, or, if all of those persons are unavailable, such other person having knowledge of the death as an tArd-Chl á raitheoir may specify. ]

44D

F135 [ Certificate of entry on the record of deaths abroad

44D. ]

Annotations:

Amendments:

F135

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

Modifications (not altering text):

C33

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

F135 [ 44D. Evidence of an entry of the death on the record of deaths abroad, and of such of the facts therein recorded as an tArd-Chl á raitheoir may specify, may be given by the production of a document purporting to be a legible copy of the entry by an tArd-Chl á raitheoir, a person authorised in that behalf by an tArd-Chl á raitheoir, a Superintendent Registrar, an authorised officer or a registrar. ]

44E

F136 [ Amendment of entry on the record of deaths abroad

44E. ]

Annotations:

Amendments:

F136

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

Modifications (not altering text):

C34

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 13, not commenced as of date of revision.

F136 [ 44E. On application to an tArd-Chl á raitheoir in such manner as he or she may specify, by a person having an interest in the matter, or, if an tArd-Chl á raitheoir is satisfied that

(a) either the documents or information furnished to him or her under section 44C(2) , or

(b) the record of deaths abroad,

contain an error of fact, he or she may correct the error concerned and, as necessary, notify the person having an interest in the matter or furnish, under section 44D , evidence of the entry of the death as amended. ]

PART 6

Amendment of Law Relating to Marriages

Definitions ( Part 6).

45

45.—In this Part—

F137 [ body means the Executive, a religious body or a secular body; ]

“marriage registration form” means a form prescribed under section 48 ;

F138 [ place that is open to the public has the meaning given by section 51(2A) ; ]

“the register” means the register of marriages and cognate words shall be construed accordingly;

“the Register” means the register maintained under section 53 and cognate words shall be construed accordingly;

“registered solemniser” means a person standing registered in the Register;

“religious body” means an organised group of people members of which meet regularly for common religious F139 [ worship; ]

F140 [ secular body shall be construed in accordance with section 45A . ]

Annotations:

Amendments:

F137

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 2(a), S.I. No. 16 of 2013.

F138

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 14, S.I. No. 357 of 2015.

F139

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 2(b), S.I. No. 16 of 2013.

F140

Inserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 2(c), S.I. No. 16 of 2013.

Editorial Notes:

E55

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 17, S.I. No. 887 of 2004; substituted as per F-note above.

45A

F141 [ Secular body

45A. (1) For the purposes of this Part, a body shall, subject to subsection (2) , be a secular body if it is an organised group of people and

(a) it has not fewer than 50 members,

(b) its principal objects are secular, ethical and humanist,

(c) members of the body meet regularly in relation to their beliefs and in furtherance of the objects referred to in paragraph (b),

(d) it does not have any rules regarding marriage or the solemnisation of marriages that contravene the requirements of this Act or any other enactment or rule of law,

(e) it is shown to the satisfaction of an tArd-Chl á raitheoir to be a body that has appropriate procedures in writing for selecting, training and accrediting members as fit and proper persons to solemnise marriages,

(f) it is a body that, on the date of its making of an application under section 54 or 57 , has been in existence for a continuous period of not less than 5 years,

(g) it is a body

(i) that is entitled to an exemption under section 207 or 208 of the Taxes Consolidation Act 1997 , and was so entitled for a continuous period of not less than five years immediately preceding the date of the body s most recent application under section 54 or 57 , and

(ii) in respect of which

(I) a number (commonly referred to as a CHY number) stands issued by the Revenue Commissioners for the purposes of that exemption, and

(II) that number stood issued for a continuous period of not less than 5 years immediately preceding the date of its most recent application under section 54 or 57,

(h) it is a body that does not have the making of profit as one of its principal objects, and

(i) it maintains a register of its members.

(2) None of the following is a secular body for the purposes of this Part:

(a) a political party, or a body that promotes a political party or candidate;

(b) a body that promotes a political cause;

(c) an approved body of persons within the meaning of section 235 of the Taxes Consolidation Act 1997 ;

(d) a trade union or a representative body of employers;

(e) a chamber of commerce;

(f) a body that promotes purposes that are

(i) unlawful,

(ii) contrary to public morality,

(iii) contrary to public policy,

(iv) in support of terrorism or terrorist activities, whether in the State or outside the State, or

(v) for the benefit of an organisation membership of which is unlawful. ]

Annotations:

Amendments:

F141

Inserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 3, S.I. No. 16 of 2013.

Notification of marriages.

46

46.—(1) A marriage solemnised in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned—

F142 [ (a) (i) notify any registrar in writing in a form for the time being standing approved by an tArd-Chl á raitheoir of their intention to marry

(I) not less than 3 months prior to the date on which the marriage is to be solemnised, or

(II) at any time prior to the date on which the marriage is to be solemnised where the parties to the intended marriage are parties to a subsisting civil partnership with each other and have previously either complied with section 59B(1) (a) in respect of that civil partnership or been exempted from such compliance by order of the Circuit Court or the High Court under section 59B(2) ,

or

(ii) are granted an exemption from the application of subparagraph (i) (I) under section 47 and give a copy of the court order granting the exemption to any registrar before the date aforesaid, ]

and

( b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or such lesser number of days as may be determined by that registrar) before the date aforesaid and make and sign a declaration in his or her presence that there is no impediment to the said marriage.

(2) Except in such circumstances as may be prescribed, a notification referred to in subsection (1)(a)(i) shall be delivered by both of the parties to the intended marriage, in person, to the registrar.

(3) The notification aforesaid shall be accompanied by the prescribed fee and such (if any) other documents and information as may be specified by an tArd-Chláraitheoir.

F143 [ (3A) Where one or each of the persons notifying the registrar under this section is a foreign national, the notification or copy of the court order shall be accompanied by such documents and information as may be specified by an tArd-Chl á raitheoir regarding the immigration status of the foreign national concerned or any other matter relating to that foreign national referred to at section 58(4C) . ]

(4) The requirements specified in subsections (1) and (2) are declared to be substantive requirements for marriage.

(5) When, in relation to an intended marriage, a registrar receives a notification under, or a copy of a court order referred to in, subsection (1) (a) and any other documents or information specified in subsection (3) , he or she shall notify in writing of the receipt each of the parties to the intended marriage and the person who is intended to solemnise the marriage.

(6) A notification under subsection (5) shall not be construed as indicating the approval of the registrar concerned of the proposed marriage concerned.

(7) The registrar concerned may require each party to an intended marriage to provide him or her with such evidence relating to that party's forename, surname, address, F144 [ civil status ], age and nationality as may be specified by an tArd-Chláraitheoir.

(8) An tArd-Chláraitheoir may, if so authorised by the Minister, publish, in such form and manner as the Minister may direct, notice of notifications of intended marriages under subsection (1), but a notice under this subsection shall not contain the personal public service number of a party to the intended marriage concerned.

(9) Where, in relation to a marriage solemnised after the commencement of this section, the appropriate notification under section 32(1)( a)(i) of the Family Law Act 1995 was duly given in compliance with that provision on a date before such commencement, the notification shall be deemed to be a notification under subsection (1)(a)(i) duly given in compliance with that provision on that date and the parties to the marriage shall be deemed, for the purposes of this Act, to have complied with subsections (1)(a)(i), (2) and (3).

(10) Where, in relation to a marriage solemnised after the commencement of this section, the parties concerned attended on a date before such commencement at the office of a registrar, or at another convenient place specified by a registrar, and there made and signed a declaration in his or her presence that there is no impediment to the said marriage, the declaration shall be deemed to be a declaration under subsection (1)(b) duly made and signed in compliance with that provision on that date and the parties to the marriage shall be deemed, for those purposes, to have complied with subsection (1)(b).

Annotations:

Amendments:

F142

Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 9, S.I. No. 504 of 2015.

F143

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 15(b), S.I. No. 357 of 2015.

F144

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 14, S.I. No. 648 of 2010.

F145

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 15(a), not commenced as of date of revision.

Modifications (not altering text):

C35

Prospective affecting provision: subs. (3) amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 15(a), not commenced as of date of revision.

(3) F145 [ A notification or a copy of a court order referred to in subsection (1)(a) ] shall be accompanied by the prescribed fee and such (if any) other documents and information as may be specified by an tArd-Chláraitheoir.

Editorial Notes:

E56

Power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2.

E57

Power pursuant to section exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), in effect as per reg. 1(2).

E58

Previous affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.

E59

Previous affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.

E60

Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

E61

Previous affecting provision: power pursuant to section exercised (5.11.2007) by Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 (S.I. No. 744 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), reg. 6, in effect as per reg. 1(2).

E62

Previous affecting provision: power pursuant to subs. (3) exercised (5.11.2007) by Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(b), in effect as per reg. 2.

Exemption of certain marriages from section 46(1)(a)(i) .

47

47.—(1) The Circuit Family Court or the High Court may, on application to it in that behalf by both of the parties to an intended marriage, by order exempt the marriage from the application of section 46(1)(a)(i) .

(2) The following provisions shall apply in relation to an application under subsection (1)

( a) it may be made informally,

( b) it may be heard and determined otherwise than in public,

( c) a court fee shall not be charged in respect of it, and

( d) it shall not be granted unless the applicants show that its grant is justified by serious reasons and is in their interests.

(3) Where, in relation to a marriage solemnised after the commencement of this section, an order was made under section 33 of the Family Law Act 1995 on a date before such commencement exempting the marriage from the application of section 32(1)( a) of that Act, the order shall be deemed, for the purposes of this Act, to be an order made on that date under subsection (1) exempting the marriage from the application of paragraph (a)(i) of section 46(1) and to have been given to a registrar, and the parties to the marriage shall be deemed, for those purposes, to have complied with subparagraph (ii) of that paragraph.

(4) The jurisdiction conferred on the Circuit Family Court by this section shall be exercised by a judge of the circuit in which either of the parties to the intended marriage concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the marriage concerned is intended to be solemnised is situate.

Marriage registration form.

48

48.—(1) Where, in relation to an intended marriage—

( a) a registrar to whom the notification concerned under, or a copy of the court order concerned referred to in, section 46 was given is satisfied that section 46 has been complied with, or

( b) a registrar is satisfied that—

(i) by virtue of subsection (9) of section 46, subsections (1)(a)(i), (2) and (3) of that section are deemed to have been complied with, or

(ii) by virtue of section 47(3), section 46(1)(a)(ii) , is deemed to have been complied with,

and section 46 has been, or is deemed to have been, complied with in all other respects, or

( c) a registrar is satisfied that, by virtue of subsection (10) of section 46, subsection (1)(b) of that section is deemed to have been complied with, and section 46 has been, or is deemed to have been, complied with in all other respects,

he or she shall complete a marriage registration form in relation to the intended marriage.

(2) In the case of an intended marriage, the registrar aforesaid shall, before the solemnisation of the marriage, give a marriage registration form completed in accordance with subsection (1) to one of the parties to the marriage.

(3) A marriage shall not be solemnised unless one of the parties to the marriage has given the relevant marriage registration form to the person solemnising the marriage, for examination by him or her.

(4) Where a marriage has not been solemnised within the period of 6 months from the date specified in the relevant marriage registration form, but is intended to be solemnised, the parties thereto shall—

( a) submit to a registrar, as may be appropriate—

(i) if a notification in relation to the marriage was previously submitted to a registrar pursuant to section 46 (1)(a)(i) , another such notification or, if a notification in relation to the marriage was previously submitted to a registrar pursuant to section 32(1)( a)(i) of the Family Law Act 1995, a notification in relation to the marriage pursuant to section 46(1)(a)(i) , or

(ii) another copy of the relevant order under section 47 or, if an order in relation to the marriage was previously made under section 33 of the Family Law Act 1995 , a copy of the order,

and

( b) shall comply with paragraph (b) of section 46(1) ,

and, upon compliance by the parties with paragraphs (a) and (b), the registrar shall give to one of them another marriage registration form completed by him or her in accordance with subsection (1).

(5) A form, which shall be known as, and is referred to in this Part, as a marriage registration form, may be prescribed for the purposes of this Part.

Annotations:

Editorial Notes:

E63

Power pursuant to section exercised (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), in effect as per reg. 1(2).

E64

Previous affecting provision: power pursuant to section exercised (5.11.2007) by Marriage Registration Form Regulations 2007 (S.I. No. 738 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), reg. 3, in effect as per reg. 1(2).

Registration of marriages.

49

49.—(1) Immediately after the solemnisation of a marriage, the marriage registration form relating to the marriage shall be signed by—

( a) each of the parties to the marriage,

( b) two witnesses to the solemnisation of the marriage, and

( c) the person who solemnised the marriage.

(2) Either of the parties to a marriage shall give to a registrar, within one month from the date of the marriage, the marriage registration form duly completed in accordance with subsection (1).

(3) A registrar shall, as soon as practicable after he or she receives a marriage registration form under subsection (2), enter the particulars in relation to the marriage concerned specified in the form in the register and register the marriage in such manner as an tArd-Chláraitheoir may direct.

(4) Subject to subsection (5), a registrar shall not register a marriage if he or she has not received the relevant marriage registration form.

(5) Where an tArd-Chláraitheoir is satisfied that the marriage registration form relating to a duly solemnised marriage has been lost, destroyed or damaged, he or she may direct the appropriate registrar—

( a) to complete another marriage registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and

( b) when it has been so signed, to enter the particulars in relation to the marriage specified in the form in the register and to register the marriage in such manner as he or she may direct.

(6) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.

(7) Where an tArd-Chláraitheoir is satisfied that an entry in the register relates to a marriage—

( a)     (i)  that was not exempted under section 33 of the Family Law Act 1995 from the application of section 32(1)( a) of that Act, and

   (ii) in relation to which the said section 32(1)( a) was contravened,

( b)     (i)  that was not exempted under section 47 from the application of section 46(1)(a)(i) , and

   (ii) in relation to which section 46(1)(a)(i) was contravened,

or

( c) in relation to which section 46(1)(b) was not complied with,

he or she—

( d) shall direct a registrar to cancel the entry and the direction shall be complied with, and

( e) shall notify the parties concerned of the direction.

(8) Where, in relation to a marriage solemnised in accordance with the rites and ceremonies of the Roman Catholic Church after the commencement of this section, a certificate under section 11 of the Registration of Marriages (Ireland) Act 1863 was procured by a party to the marriage before such commencement, the certificate shall be deemed, for the purposes of this section, to be a marriage registration form duly completed in accordance with subsection (1) and that section shall be deemed, for those purposes, to have been complied with.

(9) Where, in relation to a marriage to which section 11 of the Registration of Marriages (Ireland) Act 1863 applies and which was solemnised before the commencement of this section—

( a) the said section 11 was not complied with, and

( b) a certificate referred to in that section is given to a registrar by one of the parties to the marriage after such commencement,

the said section 11 shall be deemed to have been complied with in relation to the marriage and the registrar may register the marriage in the register in such manner as an tArd-Chláraitheoir may direct.

(10) Where, in relation to a marriage to which section 22 of the Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 applies and which was solemnised before the commencement of this section—

( a) the said section 22 was not complied with, and

( b) a certificate referred to in that section is given to a registrar by one of the parties to the marriage after such commencement,

the said section 22 shall be deemed to have been complied with in relation to the marriage and the registrar may register the marriage in the register in such manner as an tArd-Chláraitheoir may direct.

Annotations:

Editorial Notes:

E65

Power pursuant to section exercised (1.01.2011) by Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010), in effect as per reg. 1(2).

E66

Previous affecting provision: power pursuant to section exercised (5.11.2007) by Register of Marriages (Correction of Errors) Regulations 2007 (S.I. No. 739 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010), reg. 7, in effect as per reg. 1(2).

Non-receipt of marriage registration form by registrar.

50

50.—(1) Where, upon the expiration of 56 days from the date specified in the relevant marriage registration form on which a marriage is intended to be solemnised, the registrar by whom the form was issued has not received the completed marriage registration form, he or she may serve on either of the parties to the marriage a notice, in a form standing approved by an tArd-Chláraitheoir, requiring that party to give, or cause to be given, to him or her, not later than 14 days from the date of the notice, the first-mentioned form duly completed.

(2) If a person fails to comply with a requirement made on him or her under subsection (1), the registrar concerned may serve on him or her a notice, in a form standing approved by an tArd-Chláraitheoir, requiring the person to attend on a date (not being less than 14 days from the date of the notice) specified in the notice at the office of the registrar or at any other convenient place specified in the notice and to give to him or her at that time or not later than 14 days from that date the relevant completed marriage registration form.

Solemnisation of marriages.

51

51.—(1) A marriage may be solemnised by, and only by, a registered solemniser.

(2) A registered solemniser shall not solemnise a marriage unless—

( a) both parties to the marriage are present,

( b) two persons professing to be 18 years or over are present as witnesses,

F146 [ ( c ) the solemnisation takes place in a place that is open to the public, unless an tArd-Chl á raitheoir or a superintendent registrar

(i) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the persons to be married is too ill to attend at a place that is open to the public, and

(ii) gives approval to the solemniser to the solemnisation taking place at another place

(I) chosen by the persons to be married, and

(II) agreed to by the solemniser. ]

( d) he or she is satisfied that the parties to the marriage understand the nature of the marriage ceremony and the declarations specified in subsection (4).

F147 [ (2A) In subsection (2) place that is open to the public means

(a) a building that is open to the public, or

(b) a courtyard, garden, yard, field or piece of ground that is open to the public and lying near to and usually enjoyed with the building referred to in paragraph (a) . ]

(3) A registered solemniser shall not solemnise a marriage except in accordance with a form of ceremony which—

( a) has been approved by an tArd-Chláraitheoir,

( b) includes and is in no way inconsistent with the declarations specified in subsection (4), and

( c) in the case of a registered solemniser who is not a registrar, is recognised by F148 [ the religious body or the secular body, as the case may be, ] of which he or she is a member.

(4) The declarations referred to in subsection (3) are—

( a) a declaration by the parties to the marriage in the presence of—

(i) each other,

(ii) the registered solemniser who is solemnising the marriage, and

(iii) the two witnesses to the solemnisation,

to the effect that he or she does not know of any impediment to the marriage, and

( b) a F149 [ declaration by each of the parties to the marriage ] in the presence of—

(i) each other,

(ii) the registered solemniser who is solemnising the marriage, and

(iii) the two witnesses to the solemnisation,

F149 [ to the effect that each of them accepts the other as a husband, a wife or a spouse, as the case may be ].

(5) The requirements specified in subsections (1) to (3) are declared to be substantive requirements for marriage.

(6) ( a) If a person, being one of the parties to a marriage, the registered solemniser concerned or one of the witnesses to the solemnisation, does not have a sufficient knowledge of the language of the ceremony to understand the ceremony and that language, the parties to the marriage shall arrange for the translation during the ceremony of the words of the ceremony into a language known to the person by an interpreter (not being a party or a witness to the marriage) present at the ceremony.

  ( b) An interpreter who is present at a marriage ceremony pursuant to paragraph (a) shall—

(i) before the ceremony, sign, in the presence of the registered solemniser, a statement to the effect that the interpreter understands, and is able to converse in, any language in respect of which he or she is to act as interpreter at the ceremony, and give the statement to the registered solemniser, and

(ii) immediately after the ceremony, give the registered solemniser a certificate written in the language used by the registered solemniser at the ceremony and signed by the interpreter in the presence of the registered solemniser to the effect that the interpreter has faithfully acted as interpreter at the ceremony.

F149 [ (7) The parties to a marriage solemnised in accordance with this Act shall be taken to be married to each other when each of them has made a declaration in the presence of the other, the registered solemniser and the two witnesses that each of them accepts the other as a husband, a wife or a spouse, as the case may be. ]

(8) This section shall have effect notwithstanding any statutory provision that conflicts with it.

(9) A declaration specified in paragraph (a) of subsection (4) may be made at any time before the declaration under paragraph (b) of that subsection is made, not being a time earlier than 2 days before the day on which the latter declaration is made.

(10) In this section a reference to a registered solemniser, in relation to a marriage which a person is temporarily authorised under section 57 to solemnise, includes a reference to that person.

Annotations:

Amendments:

F146

Substituted (5.11.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 5 item 1, S.I. No. 735 of 2007.

F147

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 16, S.I. No. 357 of 2015.

F148

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 4, S.I. No. 16 of 2013.

F149

Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 21, S.I. No. 504 of 2015.

Places and times for the solemnisation of marriages.

52

52.—(1) Notwithstanding any statutory provision that conflicts with this subsection, a marriage may be solemnised only at a place and time chosen by the parties to the marriage with the agreement of the registered solemniser concerned and (if the registered solemniser is a registrar and the place chosen is not the office of a registrar) the approval of the place by F150 [ the Executive ], and the question whether to give or withhold such an approval shall be determined by F150 [ the Executive ] by reference to such matters as may be specified by the Minister.

(2) ( a) Where a registrar who is a registered solemniser solemnises a marriage at a place other than the office of a registrar, a fee of such amount as F150 [ the Executive ] may determine shall be paid by the parties to the marriage to the registrar.

  ( b) Where travel or subsistence expenses are incurred by a registrar who is a registered solemniser in connection with the solemnisation of a marriage by him or her at a place other than his or her office, an amount in respect of the expenses, calculated by reference to a scale drawn up by F150 [ the Executive ], shall be paid to the registrar by the parties to the marriage.

  ( c) An amount payable under paragraph (a) or (b) may be recovered by the registrar concerned from the parties to the marriage concerned as a simple contract debt in any court of competent jurisdiction.

F151 [ (2A) In this section a reference to a place means a place that is open to the public. ]

(3) In this section a reference to a registered solemniser, in relation to a marriage which a person is temporarily authorised under section 57 to solemnise, includes a reference to that person.

F152 [ (4) Subsection (1) does not apply in respect of a marriage solemnised in the circumstances described in subparagraph (i) and (ii) of section 51(2)(c) . ]

Annotations:

Amendments:

F150

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 18, S.I. No. 887 of 2004.

F151

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 17, S.I. No. 357 of 2015.

F152

Inserted (5.11.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 5 item 2, S.I. No. 735 of 2007.

Register of Solemnisers.

53

53.—(1) An tArd-Chláraitheoir shall establish and maintain a register (which shall be known as the Register of Solemnisers and is referred to in this Part as “the Register”) of persons empowered, by virtue of their registration in the Register, to solemnise marriages.

(2) The Register shall be open to inspection by members of the public at all reasonable times.

(3) An tArd-Chláraitheoir shall, subject to subsection (4), register a person in respect of whom an application is made under section 54 .

(4) An tArd-Chláraitheoir shall refuse to register a person if he or she considers that—

( a) the body concerned (not being F153 [ the Executive ]) is not F154 [ a religious body or a secular body ],

( b) the form of marriage ceremony used by the body concerned does not include both of the declarations specified in section 51(4) or is inconsistent with either of them,

( c) the form of marriage ceremony used by the body concerned has not been approved by an tArd-Chláraitheoir, or

( d) the person is not a fit and proper person to solemnise a marriage.

(5) It shall be the duty of the body on the application of whom a person is registered in the Register to notify an tArd-Chláraitheoir as soon as practicable of—

( a) the death, resignation or retirement of the person from the office by virtue of which he or she became so registered, or

( b) any change in the information provided in the application, and an tArd-Chláraitheoir shall make such amendments of the Register as he or she considers necessary.

(6) An entry in the Register shall be in such form and contain such particulars as an tArd-Chláraitheoir may determine.

(7) The Minister may provide by regulations for the correction of errors in entries in the Register by causing corrected entries to be entered in the Register and the original entries to be maintained in the Register.

Annotations:

Amendments:

F153

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 19, S.I. No. 887 of 2004.

F154

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 5, S.I. No. 16 of 2013.

Editorial Notes:

E67

Power pursuant to section exercised (5.11.2007) by Register of Solemnisers (Correction of Errors) Regulations 2007 (S.I. No. 741 of 2007), in effect as per reg. 1(2).

Application by bodies for registration of persons.

54

54.F155 [ (1) A body may apply to an tArd-Chl á raitheoir

(a) in case the body is the Executive, for the registration of a registrar named in the application who is employed by the Executive and is aged 18 years or more,

(b) in case the body is a religious body, for the registration of a member named in the application who is aged 18 years or more, and

(c) in case the body is a secular body, for the registration of a member named in the application who is aged 18 years or more. ]

(2) An application under subsection (1) shall be in such form and contain particulars in relation to such matters as an tArd-Chláraitheoir may determine.

F156 [ (2A) An application to which subsection (1)(c) applies shall be accompanied by a certificate

(a) in such form and containing such particulars as may be determined by an tArd-Chl á raitheoir, and

(b) signed by an officer of the secular body concerned stating that the member in relation to whom the application is made has been selected, trained and accredited by the secular body in accordance with the procedures referred to in section 45A(1)(e) and is, in the opinion of the said officer, a fit and proper person to solemnise a marriage.

(2B) A religious body or a secular body that has made an application under subsection (1) shall, in relation to that application, provide an tArd-Chl á raitheoir with such additional information as he or she may request within such period as may be specified in the request. ]

(3) Where one or more members of F157 [ a religious body or a secular body ] stand registered in the Register, the body shall not make a further application under subsection (1) unless it is satisfied that there is a need for a larger number of its members to be so registered.

Annotations:

Amendments:

F155

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 6(a), S.I. No. 16 of 2013.

F156

Inserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 6(b), S.I. No. 16 of 2013.

F157

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 6(c), S.I. No. 16 of 2013.

Editorial Notes:

E68

Subs. (2)(a) is substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 20, S.I. No. 887 of 2004. The amendment cannot be implemented because there is no para. (a) in subs. (2). The substituted provision is now represented in subs. (1)(a) in identical terms.

Cancellation of registration.

55

55.—(1) An tArd-Chláraitheoir may cancel the registration of a person on the ground that—

( a) the person or the body concerned has requested him or her to cancel it,

F158 [ ( aa ) the body concerned (not being the Executive) has ceased to be a religious body or a secular body, ]

( b) the marriage ceremony used by the body no longer includes both of the declarations specified in section 51(4) or is inconsistent with one or both of them,

( c) the person—

(i) has, while registered, been convicted of an offence under this Act,

(ii) for the purpose of profit or gain has carried on a business of solemnising marriages,

(iii) is not a fit and proper person to solemnise marriages, or

(iv) for any other reason, should not continue to be registered.

(2) Where an tArd-Chláraitheoir intends to cancel the registration of a person on a ground mentioned in subsection (1)(c), he or she shall, give notice in writing of his or her intention to the person and the body concerned and shall specify the ground in the notice and the notice shall, if practicable, be of at least 21 days.

(3) After a person receives a notice under subsection (2), he or she shall not solemnise a marriage unless—

( a) an tArd-Chláraitheoir notifies the person that he or she has decided not to cancel the registration, or

( b) the Minister notifies the person that an appeal under section 56 (2) in respect of his or her registration has been successful,

and, where an tArd-Chláraitheoir gives a notification pursuant to paragraph (a), he or she shall also notify the body concerned of his or her decision.

Annotations:

Amendments:

F158

Inserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 7, S.I. No. 16 of 2013.

Appeals against refusals or cancellations of registration.

56

56.—(1) If an tArd-Chláraitheoir refuses to register a person named in an application by a body under section 54(1)

( a) an tArd-Chláraitheoir shall notify the person and the body, by notice in writing, of the refusal and of his or her reasons for the refusal, and

( b) the person or the body or both of them may appeal against the refusal to the Minister, by notice in writing delivered to the Minister not later than 28 days from the day on which the notice under paragraph (a) is received by the person or the body, as may be appropriate.

(2) If an tArd-Chláraitheoir cancels the registration of a person under section 55

( a) he or she shall notify the person and the body concerned, by notice in writing, of the cancellation and of his or her reasons for the cancellation, and

( b) the person or the body or both of them may appeal against the cancellation to the Minister, by notice in writing delivered to the Minister not later than 28 days from the day on which the notice under paragraph (a) is received by the person or the body, as may be appropriate.

(3) On an appeal under this section, the Minister shall receive and consider such submissions as the parties to the appeal may make to him or her, either orally or in writing, as the Minister may determine.

(4) On an appeal under this section, the Minister shall—

( a) notify the person and the body concerned of his or her decision,

( b) give an tArd-Chláraitheoir such directions (if any) as he or she considers appropriate.

(5) ( a) If the Minister dismisses an appeal under this section solely on the ground that the body concerned (not being F159 [ the Executive ]) is not or has F160 [ ceased to be a religious body or a secular body ], the body may appeal against the dismissal to the Circuit Court.

  ( b) If the Minister dismisses an appeal under this section on any other ground, a party to the appeal may appeal against the dismissal on a point of law to the Circuit Court.

  ( c) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised—

F160 [ (i) in case the appeal is by the Executive, a religious body or a secular body, by a judge of the Circuit Court assigned to the circuit in which the Executive, the religious body or the secular body has its principal place of business or its principal office,

(ii) in case the appeal is by a person (other than the Executive, a religious body or a secular body), by a judge of the Circuit Court assigned to the circuit in which the person ordinarily resides or carries on any profession, business or occupation,

(iii) in case the appeal is by a person (other than the Executive, a religious body or a secular body) and the Executive, a religious body or a secular body, by a judge of the Circuit Court assigned to the circuit in which the Executive, the religious body or the secular body has its principal place of business or its principal office. ]

Annotations:

Amendments:

F159

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 21(a), S.I. No. 887 of 2004.

F160

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 8, S.I. No. 16 of 2013.

Editorial Notes:

E69

Previous affecting provision: subs. (5)(i)-(iii) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 21(b)-(d), S.I. No. 887 of 2004; substituted as per F-note above.

Temporary authorisation to solemnise marriage.

57

57.—(1) An tArd-Chláraitheoir may, on application in writing to him or her by F161 [ a religious body or a secular body, grant to a member of the religious body or the secular body ] named in the application who is aged 18 years or more a temporary authorisation to solemnise—

( a) one or more marriages specified in the authorisation, or

( b) marriages during a specified period so specified.

(2) An application under subsection (1) shall be in such form and contain such particulars as an tArd-Chláraitheoir may determine.

F162 [ (2A) An application under subsection (1) made by a secular body shall be accompanied by a certificate

(a) in such form and containing such particulars as may be determined by an tArd-Chl á raitheoir, and

(b) signed by an officer of the secular body concerned stating that the member in relation to whom the application is made has been selected, trained and accredited by the secular body in accordance with the procedures referred to in section 45A(1)(e) and is, in the opinion of the said officer, a fit and proper person to solemnise a marriage.

(2B) A religious body or a secular body that has made an application under subsection (1) shall, in relation to that application, provide an tArd-Chl á raitheoir with such additional information as he or she may request within such period as may be specified in the request. ]

(3) An authorisation under this section may be made subject to such conditions as are specified therein.

Annotations:

Amendments:

F161

Substituted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 9(a), S.I. No. 16 of 2013.

F162

Inserted (23.01.2013) by Civil Registration (Amendment) Act 2012 (48/2012), s. 9(b), S.I. No. 16 of 2013.

Objections.

58

58.—(1) A person may at any time before the solemnisation of a marriage lodge an objection in writing with any registrar and the objection shall state the reasons for the objection.

F163 [ (2) Where an objection under subsection (1) is received by a registrar assigned to a registration area other than the registration area to which is assigned the registrar who, in relation to the marriage concerned, was given the notification referred to in section 46 or a copy of an order referred to in that section

( a ) the registrar by whom the objection is received shall refer the objection to the Superintendent Registrar of the registration area to which is assigned the registrar who was given the notification or the copy of the court order,

( b ) the Superintendent Registrar to whom the objection is referred shall direct a registrar assigned to his or her registration area to perform the function conferred by this section on the registrar who received the objection, ]

( c) the registrar who receives the direction shall comply with it, and

( d) references in F164 [ subsections (3) to (4C) and (6) to (8) ] to the registrar who receives an objection shall be construed as references to the registrar who receives the direction aforesaid, and this section shall apply and have effect accordingly.

(3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 46 which would not constitute an impediment to the marriage, the registrar shall—

( a) notify the parties to the intended marriage of the objection,

( b) make such enquiries as he or she thinks fit,

( c) if the marriage registration form has been given to one of those parties, request its return to the registrar and correct it and the notification and make any necessary corrections to any other records relating to the marriage, and

( d) give the corrected marriage registration form to one of the parties to the marriage.

(4) If the registrar who receives an objection under subsection (1) believes that more than a minor error or misdescription exists in the relevant notification under section 46 and that the possibility of the existence of an impediment to the intended marriage concerned needs to be investigated, he or she shall refer the objection to an tArd-Chláraitheoir for consideration and, pending the decision of an tArd-Chláraitheoir, he or she shall—

( a) notify the parties to the intended marriage that—

(i) an objection has been lodged and of the grounds on which it is based,

(ii) the objection is being investigated,

(iii) the solemnisation of the marriage will not proceed until the investigation is completed,

( b) if the relevant marriage registration form has not been issued, suspend its issue,

( c) if the marriage registration form has been issued, request the party to the marriage to whom it was given to return it to the registrar,

F165 [ ( cc ) in relation to the forming of an opinion under subsection (4A) , notify and furnish copies of all information and documents relating to the relevant notification of the intended marriage under this Part to, the Minister for Justice and Equality, ]

( d) notify the solemniser of the marriage that an objection is being investigated, and

( e) direct him or her not to solemnise the marriage until the investigation is completed, and the solemniser shall comply with the direction.

F166 [ (4A) A registrar who

(a) in the performance of his or her functions under this Part forms the opinion that an intended marriage would constitute a marriage of convenience, or

(b) receives under subsection (1) an objection the stated reason for which is that the intended marriage would constitute a marriage of convenience, and forms the opinion that grounds for the objection possibly exist and need to be investigated,

shall refer the matter to the Superintendent Registrar of the registration area where the registrar who formed the opinion is assigned, for a decision and in that case and for that purpose, this section shall apply and have effect according to

(i) the modification that a reference to receipt of an objection under subsection (1) includes a reference to an opinion under paragraph (a) ,

(ii) the modification that references in this section to an tArd-Chl á raitheoir shall be construed as references to the Superintendent Registrar concerned, and

(iii) any other necessary modifications.

(4B) The registrar shall furnish his or her written report of the reasons for the forming of his or her opinion under subsection (4A) when referring the matter to the Superintendent Registrar under subsection (4A) .

(4C) In forming an opinion under subsection (4A) and deciding to refer the matter to the Superintendent Registrar, the registrar shall consider the following:

(a) if the parties to the intended marriage speak a common language;

(b) the period prior to the relevant notification of the intended marriage under this Part during which the parties to the intended marriage are known to each other;

(c) the number and frequency of meetings of the parties to the intended marriage prior to the notification of the intended marriage under this Part;

(d) if the parties to the intended marriage have lived together in the past or if they currently live together;

(e) the extent to which each party to the intended marriage is familiar with the personal details of the other party;

(f) the extent to which each party to the intended marriage intends to continue an existing commitment to mutual emotional and financial support of the other party to the intended marriage;

(g) the immigration status of one or each of the parties to the intended marriage who is a foreign national;

(h) other than in a case where money is paid as a dowry as appropriate to the culture of one or each party to the intended marriage, if money was paid as an inducement for the marriage;

(i) if the one or each of the parties to the intended marriage has previously been the subject of an objection under subsection (1) , an opinion formed under subsection (4A) or an objection under section 59F(1) or an opinion formed under section 59F(4A) ;

(j) any other information regarding the intended marriage which gives reasonable grounds for considering the marriage to be a marriage of convenience. ]

(5) Where an objection is referred to an tArd-Chláraitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable.

F167 [ (5A) In deciding if an impediment exists to an intended marriage the subject of a referral under subsection (4A) , the Superintendent Registrar shall consider

(a) the report furnished to him or her under subsection (4B) , and

(b) the matters referred to in paragraphs (a) to (j) of subsection (4C) . ]

(6) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that no impediment to the intended marriage concerned exists, he or she shall advise the registrar concerned to that effect and the registrar shall—

( a) notify the parties to the marriage that no impediment to the marriage exists,

( b) issue or re-issue the marriage registration form to one of those parties,

( c) notify the person who lodged the objection that no impediment to the marriage exists.

(7) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that there is an impediment to the intended marriage, he or she shall advise the registrar concerned to that effect and of the reasons for the decision and the registrar shall—

( a) notify the parties to the marriage—

(i) that the solemnisation of the marriage will not proceed, and

(ii) of the decision of an tArd-Chláraitheoir and of the reasons therefor,

and

( b) take all reasonable steps to ensure that the solemnisation does not proceed.

F168 [ (7A) Where a Superintendent Registrar decides under subsection (7) , in a case referred to him or her under subsection (4A) that a marriage would constitute a marriage of convenience he or she shall, as soon as practicable after making that decision, notify the Minister for Justice and Equality. ]

(8) If, notwithstanding the steps taken by the registrar concerned pursuant to subsection (7)(b), the marriage concerned is solemnised, the marriage shall not be registered.

(9) ( a) A party to a proposed marriage may appeal to the Circuit Family Court against the decision of an tArd-Chláraitheoir in relation to the marriage under subsection (7).

  ( b) The jurisdiction conferred on the Circuit Family Court by paragraph (a) may be exercised by a judge of the circuit in which either of the parties to the intended marriage concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the marriage concerned had been intended to be solemnised is situated.

(10) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chláraitheoir may, if he or she considers it appropriate to do so, investigate, or complete his or her investigation of, the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary.

(11) An objection on the ground that the marriage would be void by virtue of the Marriage of Lunatics Act 1811 shall be accompanied by a certificate of a registered medical practitioner supporting the objection.

Annotations:

Amendments:

F163

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 22, S.I. No. 887 of 2004.

F164

Substituted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(a), S.I. No. 357 of 2015.

F165

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(b), S.I. No. 357 of 2015.

F166

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(c), S.I. No. 357 of 2015.

F167

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(d), S.I. No. 357 of 2015.

F168

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 18(e), S.I. No. 357 of 2015.

F169

Substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(c)(i), not commenced as of date of revision.

F170

Substituted and inserted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(c)(ii), not commenced as of date of revision.

Modifications (not altering text):

C36

Prospective affecting provision: section amended by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(c), not commenced as of date of revision.

58.— ...

(9) ( a) F169 [ Subject to subsection (12), a party ] to a proposed marriage may appeal to the Circuit Family Court against the decision of an tArd-Chláraitheoir in relation to the marriage under subsection (7).

...

F170 [ (11) An objection on the ground that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to consent to the marriage shall be accompanied by

(a) a copy of a declaration by the Circuit Court under section 37 (1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make a decision to consent to being married,

(b) a copy of a declaration by the Circuit Court under section 37 (1) of the Assisted Decision-Making (Capacity) Act 2015 that one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity to make the class of decisions specified in the declaration where the decision to consent to being married is a decision which falls within that class of decisions, or

(c) a copy of an application made under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (accompanied by a copy of a related interim order of the Circuit Court under that Part) to the Circuit Court by the person making the objection where the application relates (whether in whole or in part) to the capacity of one of the parties, or both of the parties, to the proposed marriage to make a decision to consent to being married.

(12) Without prejudice to section 141 of the Assisted Decision-Making (Capacity) Act 2015, subsection (9) shall not apply to a decision referred to in that subsection to the extent that the decision relates to an objection referred to in subsection (11) . ]

C37

Reference in subs. (11) to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

...

58A

F171 [ Marriage ceremonies performed at certain embassies or diplomatic missions

58A. ]

Annotations:

Amendments:

F171

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 19(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C38

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 19(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

F171 [ 58A. (1) This section applies to a marriage which was solemnised, before the commencement of this section, in an embassy or diplomatic mission in the State.

(2) A marriage to which this section applies, subject to subsection (3) , shall be and shall be deemed always to have been valid as to form as if it would have been so valid had it been solemnised in the State in compliance with this Act.

(3) This section shall not operate to validate a marriage to which this section applies where

(a) an impediment to the marriage existed on the date that the marriage was solemnised,

(b) the parties to the marriage have obtained a decree of divorce or a decree of nullity in respect of the marriage, and for the purposes of this paragraph, a decree obtained, where legal proceedings resulting in the decree were begun but not completed prior to the commencement of this section, shall be taken to have been obtained before that commencement,

(c) a party to the marriage has entered into a later marriage or civil partnership with another person, or

(d) the parties to the marriage have entered into a later marriage with each other.

(4) A registrar who receives an application in that behalf from both parties, or the surviving party to the marriage to which this section applies in writing in a form for the time being standing approved by an tArd-Chl á raitheoir, on being satisfied that this section operates to validate the marriage concerned and on production to him or her of the following information and particulars may enter the particulars of the marriage concerned in the register and register the marriage in such manner as an tArd-Chl á raitheor may direct:

(a) evidence of identity;

(b) if appropriate, evidence of death of one of the parties to the marriage;

(c) evidence that the marriage was solemnised in an embassy or diplomatic mission in the State prior to the commencement of this section together with, where required by the registrar, a document duly authenticated which purports to be a translation thereof;

(d) the signatures of both parties or the surviving party to the marriage.

(5) Nothing in the application of this section to a marriage which was solemnised, before the commencement of the section, in an embassy or diplomatic mission in the State

(a) gives or affects any entitlement to an interest

(i) under the will or codicil of, or on the intestacy of, a person who dies before the commencement of this section, or

(ii) under a settlement or other disposition of property made before that commencement (otherwise than by will or codicil),

or

(b) gives or affects any entitlement to a benefit, allowance, pension or other payment

(i) payable before, or in respect of a period before the commencement of this section, or

(ii) payable in respect of the death of a person before that commencement,

or

(c) affects tax in respect of a period or event before the commencement of this section.

(6) If subsections (1) to (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of those subsections shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(7) This section shall not apply to a marriage which is solemnised on or after the date of commencement of this section, in an embassy or diplomatic mission in the State. ]

Editorial Notes:

E70

The section heading is taken from the amending section in the absence of one included in the amendment.

PART 7

Registration of Decrees of Divorce and Decrees of Nullity

Registration of decrees of divorce and decrees of nullity.

59

59.—(1) When a court grants a decree of divorce, an officer of the Courts Service authorised in that behalf by the Courts Service, shall, as soon as may be, enter or cause to be entered in the register of decrees of divorce the particulars in relation to the matter specified in Part 6 of the First Schedule.

(2) When a court grants a decree of nullity F172 [ of marriage ], an officer of the Courts Service, authorised in that behalf by the Courts Service, shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity F172 [ of marriage ] the particulars in relation to the matter specified in Part 7 of the First Schedule.

(3) An officer of the Courts Service, authorised in that behalf by the Courts Service, may amend or cancel or cause to be amended or cancelled an entry in a register referred to in subsection (1) or (2).

(4) The Courts Service shall notify an tArd-Chláraitheoir of an amendment or cancellation under subsection (3).

(5) This section shall have effect notwithstanding any statutory provision that conflicts with it.

Annotations:

Amendments:

F172

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 15, S.I. No. 648 of 2010.

F173 [ PART 7A

Registration of Civil Partnerships ]

Annotations:

Amendments:

F173

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

59A

F174 [ Definitions (Part 7A) .

59A. In this Part

civil partnership registration form means a form prescribed under section 59C ;

F175 [ place that is open to the public has the meaning given by section 59D(1A) ; ]

register means the register of civil partnerships. ]

Annotations:

Amendments:

F174

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F175

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 20, S.I. No. 357 of 2015.

59B

F176 [ Notification of civil partnerships.

59B. ] F177 [ ]

Annotations:

Amendments:

F176

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F177

Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(b), S.I. No. 504 of 2015.

Editorial Notes:

E71

Previous affecting provision: subs. (6) amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 21(a), not commenced; section repealed as per F-note above.

E72

Previous affecting provision: subs. (6A) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 21(b), S.I. No. 357 of 2015; section repealed as per F-note above.

E73

Power pursuant to subs. (5) exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010 (S.I. No. 666 of 2010), in effect as per reg. 1(2).

E74

Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

E75

Previous affecting provision: power pursuant to subs. (6) exercised (1.01.2011) by Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(c), in effect as per reg. 2.

E76

Previous affecting provision: section inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010; repealed as per F-note above.

59C

F178 [ Civil partnership registration form.

59C. (1) F179 [ ]

(2) F179 [ ]

(3) F179 [ ]

(4) F179 [ ]

(5) The Minister may prescribe the civil partnership registration form. ]

Annotations:

Amendments:

F178

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F179

Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(c), S.I. No. 504 of 2015.

Editorial Notes:

E77

Power pursuant to subs. (5) exercised (1.01.2011) by Civil Registration (Civil Partnership Registration Form) Regulations 2010 (S.I. No. 671 of 2010), in effect as per reg. 1(2).

E78

Previous affecting provision: subs. (4) amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 22, not commenced; repealed as per F-note above.

59D

F180 [ Civil partnership registration.

59D. (1) F181 [ ]

F182 [ (1A) F181 [ ] ]

(2) F181 [ ]

(3) F181 [ ]

(4) F181 [ ]

(5) F181 [ ]

(6) ( a ) F181 [ ]

( b ) F181 [ ]

( c ) As soon as practicable after the signatures and counter-signature, the registrar shall F183 [ ] enter the particulars in relation to the civil partnership in the register and register the civil partnership in a manner that an tArd-Chl á raitheoir may direct.

(7) Where an tArd-Chl á raitheoir is satisfied that a duly signed civil partnership registration form has been lost, destroyed or damaged, he or she may direct the appropriate registrar

( a ) to complete another civil partnership registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1) , and

( b ) when it has been so signed, to enter the particulars in relation to the civil partnership specified in the form in the register and to register the civil partnership in a manner as an tArd-Chl á raitheoir may direct.

(8) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.

(9) Where an tArd-Chl á raitheoir is satisfied that an entry in the register relates to a civil partnership in relation to which section 59B(1) was not complied with (other than where there has been an exemption ordered under subsection (2) of that section)

( a ) an tArd-Chl á raitheoir shall direct a registrar to cancel the entry,

( b ) the registrar shall cancel the entry, and

( c ) an tArd-Chl á raitheoir shall notify the parties. ]

Annotations:

Amendments:

F180

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F181

Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(d), S.I. No. 504 of 2015.

F182

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 23(a), S.I. No. 357 of 2015.

F183

Deleted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 23(b), S.I. No. 357 of 2015.

Editorial Notes:

E79

Power pursuant to subs. (8) exercised (1.01.2011) by Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010 (S.I. No. 668 of 2010), in effect as per reg. 1(2).

59E

F184 [ Places and times for registration of civil partnerships.

59E. ] F185 [ ]

Annotations:

Amendments:

F184

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F185

Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(e), S.I. No. 504 of 2015.

Editorial Notes:

E80

Previous affecting provision: subs. (5) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 24, S.I. No. 357 of 2015; repealed as per F-note above.

59F

F186 [ Objections.

59F. ] F187 [ ]

Annotations:

Amendments:

F186

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F187

Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(f), S.I. No. 504 of 2015.

Modifications (not altering text):

Editorial Notes:

E81

Previous affecting provision: section amended by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(d), not commenced; repealed as per F-note above.

E82

Previous affecting provision: subss. (4)(cc), (4A)-(4C), (6A) and (8A) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 25, S.I. No. 357 of 2015; repealed as per F-note above.

59G

F188 [ Where interpretation required.

59G. ] F189 [ ]

Annotations:

Amendments:

F188

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F189

Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(g), S.I. No. 504 of 2015.

59H

F190 [ Effect of registration.

59H. ] F191 [ ]

Annotations:

Amendments:

F190

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F191

Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(h), S.I. No. 504 of 2015.

59I

F192 [ Effect of this Part.

59I. ] F193 [ ]

Annotations:

Amendments:

F192

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F193

Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(i), S.I. No. 504 of 2015.

59IA

F194 [ Civil Partnership ceremonies performed at certain embassies or diplomatic missions

59IA. ]

Annotations:

Amendments:

F194

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 26(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C39

Prospective affecting provision: section inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 26(1), not commenced as of date of revision, subject to transitional provision in subs. (2).

F194 [ 59IA. (1) This section applies to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State.

(2) A civil partnership to which this section applies, subject to subsection (3) , shall be and shall be deemed always to have been valid as to form as if it would have been so valid had it been a civil partnership registered in the State in compliance with this Act.

(3) This section shall not operate to validate a civil partnership to which this section applies where

(a) an impediment to the civil partnership existed on the date that the ceremony of civil partnership took place,

(b) the parties to the ceremony of civil partnership have obtained a decree of dissolution of civil partnership under section 110 of the Act of 2010, or a decree of nullity of civil partnership, and for the purposes of this paragraph, a decree obtained, where legal proceedings resulting in the decree were begun but not completed prior to the commencement of this section, shall be taken to have been obtained before that commencement,

(c) a party to the civil partnership has entered into a later marriage or civil partnership with another person, or

(d) the parties to the civil partnership have entered into a later civil partnership with each other.

(4) Nothing in the application of this section to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State

(a) gives or affects any entitlement to an interest

(i) under the will or codicil of, or on the intestacy of, a person who dies before the commencement of this section, or

(ii) under a settlement or other disposition of property made before that commencement (otherwise than by will or codicil),

or

(b) gives or affects any entitlement to a benefit, allowance, pension or other payment

(i) payable before, or in respect of a period before, commencement of this section, or

(ii) payable in respect of the death of a person before that commencement,

or

(c) affects tax in respect of a period or event before the commencement of this section.

(5) If subsections (1) to (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of those subsections shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(6) This section shall not apply to a civil partnership where the ceremony of civil partnership takes place on or after the commencement of this section, in an embassy or diplomatic mission in the State. ]

Editorial Notes:

E83

The section heading is taken from the amending section in the absence of one included in the amendment.

F195 [ PART 7B

Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership ]

Annotations:

Amendments:

F195

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 17, S.I. No. 648 of 2010.

59J

F196 [ Registration of decrees of dissolution and decrees of nullity of civil partnership.

59J. (1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution of civil partnership the particulars in relation to the matter set out in Part 6A of the First Schedule .

(2) When a court grants a decree of nullity of civil partnership, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity of civil partnership the particulars in relation to the matter set out in Part 7A of the First Schedule .

(3) An officer of the Courts Service authorised in that behalf by the Courts Service may amend or cancel or cause to be amended or cancelled an entry in the register referred to in subsection (1) or (2) .

(4) The Courts Service shall notify an tArd-Chl á raitheoir of an amendment or cancellation under subsection (3) .

(5) This section has effect notwithstanding any statutory provision that conflicts with it. ]

Annotations:

Amendments:

F196

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 17, S.I. No. 648 of 2010.

F197 [ Part 7C

Dissolution and Transitional ]

Annotations:

Amendments:

F197

Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 10, S.I. No. 504 of 2015.

59K

F198 [ Registration of dissolution of civil partnership on marriage

59K. Where a civil partnership which is registered in the register of civil partnerships stands dissolved by virtue of section 109A (inserted by section 11 of the Marriage Act 2015) of the Act of 2010 on the marriage of two persons solemnised under and in accordance with this Act, the registrar shall enter that dissolution as a particular in the entry concerning that civil partnership in that register. ]

Annotations:

Amendments:

F198

Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 10, S.I. No. 504 of 2015.

59L

F199 [ Transitional provisions consequent on Marriage Act 2015

59L. (1) On the commencement of section 8 of the Marriage Act 2015, a notification of an intention to enter into a civil partnership given under section 59B and in force immediately before that commencement, may, if requested by the parties concerned, be taken to be and treated by a registrar as if it were a notification of their intention to marry given under section 46 .

(2) Notwithstanding the commencement of section 8 of the Marriage Act 2015,the provisions of this Act referred to in that section shall continue to apply

(a) where a civil partnership registration form was duly completed under section 59C and that form is valid under subsection (4) of that section immediately before that commencement, or

(b) in relation to a civil partnership registration in respect of which an objection under section 59F is made, whether the objection is made before or after that commencement. ]

Annotations:

Amendments:

F199

Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 10, S.I. No. 504 of 2015.

PART 8

General

Appeals.

60

60.—(1) Where—

( a) a registrar fails or refuses to register in the appropriate register specified in section 13 a birth, stillbirth, F200 [ death, marriage or civil partnership ] or to enter in such a register one or more of the particulars required by this Act to be so entered, and furnished to him or her by a person pursuant to this Act, or

( b) an tArd-Chláraitheoir or an authorised officer fails or refuses to comply with a request of a person under section 63 ,

the registrar, an tArd-Chláraitheoir or the authorised officer, as the case may be, shall notify the qualified informant (within the meaning of Part 3 or 5, as may be appropriate) concerned, the parties to the marriage F201 [ , the parties to the civil partnership ] or the person in writing of the reasons for the failure or refusal.

(2) If a person (“the appellant”) affected by a failure or refusal by a person under subsection (1) is dissatisfied with it, he or she may appeal against it by lodging a notice of appeal in writing in a form standing approved by an tArd-Chláraitheoir or in a form to the like effect with F202 [ the Executive ], not later than 28 days from the date of his or her receipt of the notification under subsection (1), and the appeal shall be referred F202 [ by the Executive to such employee of the Executive ] (not being the person in relation to whom the appeal is brought) F202 [ as the Executive ] may determine (“the appeals officer”), and the appeals officer shall determine the appeal.

(3) If an appellant is dissatisfied with the decision of an appeals officer under subsection (2), he or she may appeal against it by lodging a notice of appeal in writing in the form standing approved by an tArd-Chláraitheoir or a form to the like effect with an tArd-Chláraitheoir not more than 28 days after his or her receipt of the decision and an tArd-Chláraitheoir shall determine the appeal and, subject to subsections (6) to (8), the decision shall be final.

(4) The Minister may by regulations make provision in relation to notices of appeal under this section and the procedure to be followed on appeals under this section.

(5) In relation to an appeal under this section, the appeals officer concerned or an tArd-Chláraitheoir, as the case may be—

( a) shall notify the parties concerned in writing of his or her decision in relation to the appeal and of the reasons therefor, and

( b) may give such directions in relation to the registration or correction concerned to the registrar or authorised officer concerned as he or she considers appropriate, and any such direction shall be complied with by the person to whom it is given.

(6) An appeals officer (“the officer”) may revise a decision of another appeals officer under this section if it appears to the officer that the decision was erroneous having regard to evidence first given to the officer, or a fact first made known to the officer, since the date of the decision.

(7) An tArd-Chláraitheoir may revise a decision (including a revised decision under this subsection) of an tArd-Chláraitheoir or an appeals officer if it appears to him or her that the decision was erroneous by reason of a mistake of law or fact.

(8) A person who is dissatisfied with a decision (including a revised decision) of an tArd-Chláraitheoir may appeal against it to the High Court.

(9) A revision under subsection (6) by an appeals officer shall be deemed, for the purpose of subsections (2) to (5) and (7) of this section, to be a decision under