Civil Registration Act 2004

Searches.

61

61.—(1) Subject to subsections (3) and (4), a person, following an application in writing, in a form standing approved by an tArd-Chláraitheoir or a form to the like effect, in that behalf to an tArd-Chláraitheoir, a Superintendent Registrar, a registrar or an authorised officer and—

( a) on payment to him or her of the prescribed fee, may, subject to such conditions (if any) as may stand determined by an tArd-Chláraitheoir, search an index to a register maintained under section 13 ,

( b) on payment to him or her of the prescribed fee, be given by him or her—

(i) a copy, certified by him or her to be a true copy, F193 [ ]

(ii) a copy, F194 [ or ]

F194 [ (iii) a certified extract, ]

of an entry specified by the person in such a register.

(2) Subject to subsections (3) and (4), an tArd-Chláraitheoir, a Superintendent Registrar, a registrar or an authorised officer shall, on application by a person to him or her in that behalf in writing and—

( a) on payment to him or her of the prescribed fee, search such of the registers maintained under section 13 , and the indexes thereto, as are specified in the application, or

( b) on payment to him or her of the prescribed fee, give the person—

(i) a copy, certified by him or her to be a true copy, F193 [ ]

(ii) a copy, F194 [ or ]

F194 [ (iii) a certified extract, ]

of an entry specified by the person in any such register.

F195 [ (2A) Subject to subsections (3) and (4) , the Minister for Arts, Heritage and the Gaeltacht, on application by a person to that Minister in that behalf in electronic form and on payment to that Minister of any prescribed fee shall consent to a search by that person of the electronic record of

(a) the register maintained under section 13(1)(a) , in so far as it relates to births that occurred more than 100 years before the date of the application to search,

(b) the register maintained under section 13(1)(d) , in so far as it relates to deaths that occurred more than 50 years before the date of the application to search, or

(c) the register maintained under section 13(1)(e) , in so far as it relates to marriages that occurred more than 75 years before the date of the application to search.

(2B) For the purposes of subsection (2A) , the Minister for Arts, Heritage and the Gaeltacht may keep an electronic record of the registers referred to at paragraphs (a) , (b) and (c) of subsection (2A) . ]

F196 [ (3) This section does not apply to the register of F197 [ stillbirths or gender recognition or an index to either of those registers ] or an index kept under

( a ) section 22 (5) of the Adoption Act 1952 , or

( b ) section 86 of the Adoption Act 2010. ]

(4) A copy of an entry referred to in subsection (1) (b) or (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.

F194 [ (5) The Minister may make regulations specifying particulars to be included in a certified extract referred to in subsection (1) or (2) . ]

F198 [ (6) The Minister for Arts, Heritage and the Gaeltacht, in addition to an tArd-Chl á raitheoir, a Superintendent Registrar, a registrar or an authorised officer, may perform functions referred to in subsection (1) (a) in so far as the functions relate to the search of an electronic record of an index to a register maintained under section 13 and for that purpose, that Minister may keep such an electronic record of such an index. ]

Annotations:

Amendments:

F193

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 24, S.I. No. 887 of 2004.

F194

Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 24, S.I. No. 887 of 2004.

F195

Inserted (11.07.2016) by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(b), S.I. No. 359 of 2016.

F196

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

F197

Substituted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 28, S.I. No. 369 of 2015.

F198

Substituted (11.07.2016) by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(d), S.I. No. 359 of 2016.

F199

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(a), not commenced as of date of revision.

F200

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(c), not commenced as of date of revision.

Modifications (not altering text):

C37

Prospective affecting provision: subs. (1A) inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(a), not commenced as of date of revision.

61.— ...

F199 [ (1A) Where the age, civil status or death of a person is required to be proved by or under an enactment prescribed under section 67(1A) , a person

(a) on production by him or her of verification of the requirement for proof, as part of an application in that behalf under subsection (1) , and

(b) on payment by him or her of a fee prescribed under section 67(1A) ,

shall be given a copy certified to be a true copy, a copy, or a certified extract of an entry in a register maintained under section 13 . ]

C38

Prospective affecting provision: subs. (4) amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(c), not commenced as of date of revision.

(4) A copy of an entry referred to in subsection (1) (b) F200 [ , (1A) ] or (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.

Editorial Notes:

E81

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.

E82

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.

E83

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.

E84

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.

E85

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.

E86

Previous affecting provision: subs. (6) inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 20, commenced on enactment; substituted as per F-note above.

E87

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.

E88

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.

E89

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.