Civil Registration Act 2004

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 F166 [ the Executive ]) is not or has F167 [ 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—

F167 [ (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:

F166

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.

F167

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.