Civil Registration Act 2004

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 F115 [ 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 F115 [ or civil partner ] who can be found or every such relative F115 [ 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 F116 [ 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 F116 [ 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 F115 [ 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:

F115

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.

F116

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.

F117

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(a), not commenced as of date of revision.

F118

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(b), not commenced as of date of revision.

F119

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(c)(i), not commenced as of date of revision.

F120

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(c)(ii), not commenced as of date of revision.

F121

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(c)(iii), not commenced as of date of revision.

F122

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(d), not commenced as of date of revision.

F123

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 11(e), not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: section amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 11, not commenced as of date of revision.

37.F117 [ (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. ]

F118 [ (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 F119 [ non-compliance with subsection (1) or (1A) ] , the F116 [ 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 F120 [ section 42 , ]

F121 [ (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 ]

...

F122 [ (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. ]

...

F123 [ (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. ]