Civil Registration Act 2004

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

64

64.—(1) Where a registrar is satisfied that an entry made by him or her or another registrar in the register of births or the register of deaths contains an error of fact, he or she shall notify the Superintendent Registrar F212 [ of the registration area to which the registrar is assigned ] of the error.

(2) When a Superintendent Registrar of F212 [ any registration area ] receives a notification under subsection (1), the Superintendent Registrar or a registrar F212 [ in that registration area ], if so directed by the Superintendent Registrar, shall by notice in writing given to a qualified informant (within the meaning of Part 3 or 5, as the case may be) in relation to the birth or death concerned (“the person”) require him or her—

( a) to attend at the office of a registrar specified by the Superintendent Registrar or at the office of the registrar aforesaid, or at any other convenient place specified in the notice, within such time (not being less than 7 days from the date of the giving of the notice) as may be so specified, and

( b) to give to the registrar a statutory declaration specifying the error and, to the best of his or her knowledge and belief, the relevant facts,

and the person shall also give to the registrar such other information as the Superintendent Registrar or the registrar may reasonably require.

(3) When a person complies with subsection (2), the Superintendent Registrar, or the registrar, concerned may—

( a) correct the error concerned in the register of births or the register of deaths, as the case may be, or

( b) request a direction from an tArd-Chláraitheoir in relation to the matter.

(4) Where, pursuant to subsection (2), the Superintendent Registrar concerned is satisfied that, in relation to the error concerned, neither a person referred to in subsection (2) nor two other credible persons having knowledge of the facts concerned can be found, he or she may request an tArd-Chláraitheoir to give a direction under subsection (5) in relation to the matter.

(5) When an tArd-Chláraitheoir receives a request under subsection (3) or (4), he or she may, if he or she considers it appropriate to do so, direct the Superintendent Registrar, or the registrar, concerned to make, in such manner as he or she may specify, a correction of the error in the entry concerned in the register, and the direction shall be complied with and the original entry shall be retained in the register.

(6) Where an tArd-Chláraitheoir is satisfied that two or more entries have been made in a register maintained under section 13 in respect of the same event, he or she may direct a Superintendent Registrar, a registrar or an officer of an tArd-Chláraitheoir to cancel such of the entries as he or she may specify, and the direction shall be complied with and the cancelled entry or entries shall be retained in the register.

(7) Where an tArd-Chláraitheoir is satisfied that an entry in the register of marriages relates to—

( a) a marriage, one or both of the parties to which was or were under the age of 18 years at the time of the solemnisation of the marriage,

( b) a marriage, as respects which one or more of the requirements specified in subsections (1) and (2) of section 46 and subsections (1) to (3) of section 51 were not complied with, or

( c) a marriage to which there was an impediment,

an tArd-Chláraitheoir shall—

(i) direct a registrar to cancel the entry and the direction shall be complied with and the cancelled entry shall be retained in the register, and

(ii) notify the parties to the marriage, and the registered solemniser (within the meaning of Part 6), or the person temporarily authorised under section 57 , who solemnised the marriage of the direction.

F213 [ (8) If an tArd-Chl á raitheoir is satisfied that an entry in the register of civil partnerships relates to a civil partnership of a class referred to in subsection (9)

( a ) an tArd-Chl á raitheoir shall direct a registrar to cancel the entry and notify the parties to the civil partnership and the registrar who registered it of the direction, and

( b ) the registrar shall comply with the direction and ensure that the cancelled entry is retained in the register.

(9) The classes referred to in subsection (8) are:

( a ) a civil partnership, as respects which one or more of the requirements specified in subsections (1) and (5) of section 59B were not complied with (other than where there has been an exemption ordered under subsection (2) of that section); and

( b ) a civil partnership to which there was an impediment within the meaning of section 2(2A) . ]

Annotations:

Amendments:

F212

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 25, S.I. No. 887 of 2004.

F213

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 19, S.I. No. 648 of 2010.

F214

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(a), not commenced as of date of revision.

F215

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(b), not commenced as of date of revision.

F216

Deleted by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(i), not commenced as of date of revision.

F217

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(ii), not commenced as of date of revision.

F218

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(iii), not commenced as of date of revision.

F219

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(i), not commenced as of date of revision.

F220

Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(ii), not commenced as of date of revision.

F221

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(iii), not commenced as of date of revision.

Modifications (not altering text):

C42

Prospective affecting provision: section amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 28, not commenced as of date of revision.

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

64.— ...

(5) When an tArd-Chláraitheoir receives a request under subsection (3) or (4), he or she may, if he or she considers it appropriate to do so, direct the Superintendent Registrar, or the registrar, F214 [ concerned to cancel the entry in the register or make, in such manner ] as he or she may specify, a correction of the error in the entry concerned in the register, and the direction shall be complied with and the original entry shall be retained in the register.

F215 [ (5A) Where an tArd-Chl á raitheoir is satisfied that an entry of a birth, stillbirth or death in the register of births, stillbirths or deaths was made on the basis of

(a) required particulars referred to in subsection (5B) , or

(b) false or misleading information furnished to the registrar, an tArd-Chl á raitheoir

(i) may direct a registrar to cancel the entry and retain the entry so cancelled in the register of births, stillbirths or deaths, and

(ii) where he or she is satisfied that it is appropriate, may direct the registrar to make an entry, under and in accordance with Part 3 or 5 , in relation to the birth, stillbirth or death concerned, in the register of births, stillbirths or deaths,

and the registrar shall comply with the direction under paragraph (i) or (ii) .

(5B) Required particulars, for the purpose of subsection (5A)(a) are required particulars

(a) as respects the register of births, furnished (except under section 19(5) ) to the registrar by a person other than a qualified informant,

(b) as respects the register of stillbirths, furnished (except under subsection (6) or (7) of section 28 ) to the registrar by a person other than a person referred to in paragraph (a) or (b) of subsection (1) of section 28 , or

(c) as respects the register of deaths, furnished to the registrar by a person other than a qualified informant. ]

...

(7) Where an tArd-Chláraitheoir is satisfied that an entry in the register of marriages relates to—

( a) a marriage, one or both of the parties to which was or were under the age of 18 years at the time of the solemnisation of the marriage,

( b) a marriage, as respects which one or more of the requirements specified in subsections (1) and (2) of section 46 and subsections (1) to (3) of section 51 were not complied with, F216 [ ]

( c) a marriage to which there was an impediment, F217 [ or ]

F218 [ ( d ) a marriage (other than a marriage referred to in paragraph (c) ) in relation to which there is a decree of nullity. ]

an tArd-Chláraitheoir shall—

...

F213 [ (9) The classes referred to in subsection (8) are:

( a ) a civil partnership, as respects which one or more of the requirements specified in subsections (1) and (5) of section 59B were not complied with (other than where there has been an exemption ordered under subsection (2) F219 [ of that section), ]

( b ) a civil partnership to which there was F220 [ an impediment within the meaning of section 2(2A) ; and ] ]

F221 [ ( c ) a civil partnership (other than a civil partnership referred to in paragraph (b) ) in relation to which there is a decree of nullity. ]