Civil Registration Act 2004

Fees.

67

67.—(1) There shall be payable to an tArd-Chláraitheoir or the Superintendent Registrar, registrar, within the meaning of section 17 , or authorised officer, concerned fees of such amounts (if any) as may be prescribed in respect of—

( a) any performance of such functions of an tArd-Chláraitheoir, a Superintendent Registrar, a registrar, within the meaning of section 17 , or an authorised officer as may be prescribed, and

( b) such other matters as may be prescribed,

and the references aforesaid to registrar, within the meaning of section 17 , include references to such a registrar acting as a registered solemniser (within the meaning of Part 6).

(2) A person referred to in subsection (1) may refuse to perform a function (other than a prescribed function) in respect of which a fee is payable under this Act if the fee is not paid to him or her.

(3) A fee under this Act that is due and unpaid may be recovered from the person by whom it is payable by the person to whom it is payable as a simple contract debt in any court of competent jurisdiction.

(4) Amounts received under this Act in respect of fees shall be disposed of in accordance with the directions of the Minister given with the consent of the Minister for Finance.

F235 [ (5) There shall be payable to the Minister for Culture, Heritage and the Gaeltacht, or a relevant body, fees of such amounts (if any) as may be prescribed in respect of any performance by that Minister, or that body, of functions under subsection (2A) or (6) of section 61 . ]

Annotations:

Amendments:

F235

Substituted by Civil Registration Act 2019 (13/2019), s. 9, commenced on enactment.

F236

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 30(a), not commenced as of date of revision.

C45

Prospective affecting provision: subs. (1A) inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 30(a), not commenced as of date of revision.

67.— ...

F236 [ (1A) The Minister may prescribe

(a) a fee of a lesser amount than that prescribed under subsection (1) , and

(b) an enactment by or under which it is required that age, civil status or death is proved,

where the Minister is of the view that, in order that a person may comply with the enactment so prescribed, the lesser fee should be payable in respect of performance of functions under this Act relating to the giving of a copy certified to be a true copy, a copy, or a certified copy of an entry in a register maintained under section 13 . ]

C46

Function under subs. (4) transferred and reference to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 3 of 2004

Civil Registration Act 2004

Section 67(4)

...

...

...

Editorial Notes:

E101

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.

E102

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.

E103

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).

E104

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).

E105

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.

E106

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.

E107

Previous affecting provision: subs. (5) inserted (11.07.2016) by Civil Registration (Amendment) Act 2014 (34/2014), s. 30(b), S.I. No. 359 of 2016; substituted as per F-note above.

E108

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.

E109

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.

E110

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.

E111

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).

E112

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).

E113

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.

E114

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.

E115

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).