Civil Registration Act 2004

Offences.

69

69.—(1) A registrar appointed under section 17 or an officer of the Courts Service or the Adoption Board who, otherwise than in accordance with this Act—

( a) deletes or alters, or permits or procures the deletion or alteration of, information contained in a register or an index to a register, or

( b) keeps, or permits or procures the keeping of, any information (other than information contained in or relating to a register or an index to a register) on a computer on which a register or an index to a register is kept,

is guilty of an offence.

(2) In relation to a computer on which a register or an index to a register is kept, a person (including a person entitled to access information kept on the computer but excluding an tArd-Chláraitheoir, a Superintendent Registrar or a registrar) who, without the consent of an tArd-Chláraitheoir, a Superintendent Registrar or a registrar—

( a) deletes or alters, or permits or procures the deletion or alteration of, information kept on the computer, or

( b) keeps, or permits or procures the keeping of, information (other than information contained in or relating to a register or an index to a register) on the computer whether the keeping is done directly or by adjusting or damaging the computer or its programming or another computer or its programming,

is guilty of an offence.

(3) A person who gives to a registrar particulars or information which he or she knows to be false or misleading is guilty of an offence.

(4) A registrar who, without reasonable cause, fails or refuses to register a birth, stillbirth, marriage F240 [ , civil partnership ] or death or to include in the relevant entry in the appropriate register any of the particulars required by this Act to be entered in the register in relation to the occurrence and given to him or her by a person required so to do by this Act or the repealed enactments, is guilty of an offence.

(5) A person who is required by this Act to give to a registrar the required particulars relating to a birth, a new born child found abandoned, a stillbirth or a death and who, without reasonable cause, fails or refuses to answer a question put to him or her by a registrar in relation to those particulars is guilty of an offence.

(6) A person who is required by this Act to sign a register in the presence of a registrar and who, without reasonable cause, fails or refuses to do so is guilty of an offence.

(7) A person who is required by this Act (other than section 41 ) to give a certificate to a registrar and who, without reasonable cause, fails or refuses to do so is guilty of an offence.

(8) A person who, without reasonable cause, fails or refuses to comply with a direction given to him or her under section 13(6) or a requirement in a notice given to or served on him or her under section 19(3), 24(5), 37(2), 50(2), 64(2) or 65(2) is guilty of an offence.

(9) A registrar who, without reasonable cause, fails or refuses to give a marriage registration form to one of the parties to an intended marriage in respect of which he or she has received, pursuant to section 46 , a notification under subsection (1)(a)(i) of that section or a copy of an order under section 47 granting an exemption from the application of the said subsection (1)(a)(i) is guilty of an offence.

F241 [ (9A) A registrar who, without reasonable cause, fails or refuses to give a civil partnership registration form to one of the parties to an intended civil partnership in respect of which he or she has received a notification under section 59B(1)(a) , or a copy of an exemption order under section 59B(2) , commits an offence. ]

(10) A person who—

( a) contravenes subsection (2) or (3) of section 51 ,

( b) not being a registered solemniser (within the meaning of Part 6), or the holder of a temporary authorisation under section 57 , conducts a marriage ceremony in such a way as to lead the parties to the marriage to believe that he or she is solemnising a valid marriage,

( c) being a registered solemniser (within the meaning aforesaid) or such a holder as aforesaid, solemnises a marriage without a marriage registration form having been given to him or her before the solemnisation for examination by him or her,

( d) contravenes paragraph (a) or (b) of section 55(3) ,

( e) solemnises a marriage other than at a place chosen in accordance with section 52 ,

( f) solemnises or is a party to a marriage in relation to which, to his or her knowledge, subsection (1) or (2) of section 46 is not complied with,

F242 [ ( fa ) registers or is a party to a civil partnership in respect of which, to his or her knowledge, subsection (1) or (5) of section 59B is not complied with, (other than where there has been an exemption ordered under subsection (2) of that section), ]

( g) being the holder of a temporary authorisation under section 57 , solemnises a marriage not specified in the authorisation or solemnises a marriage during a period not so specified,

( h) lodges an objection under section 58 F243 [ or 59F ] that he or she knows to be without foundation,

( i) makes and signs a declaration under section 46(1)(b) F244 [ , or 59B(1) ( b ) ] or makes a declaration specified in section 51(4)(a) which he or she knows to be F245 [ false or misleading, ]

( j) not being a registrar, deletes or alters information in relation to the parties to a marriage on a marriage registration F246 [ form, or ]

F247 [ ( k ) not being a registrar, deletes or alters information in relation to the parties to a civil partnership on a civil partnership registration form, ]

shall be guilty of an offence.

(11) A person who, without reasonable cause, contravenes section 19 (1), 21(1), 24(4), 37(1) or 73(4) is guilty of an offence.

(12) A person who contravenes a provision of regulations under this Act that is stated in the regulations to be a penal provision is guilty of an offence.

(13) In this section “register” means a register maintained under section 13 .

Annotations:

Amendments:

F240

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(a), S.I. No. 648 of 2010.

F241

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(b), S.I. No. 648 of 2010.

F242

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(i), S.I. No. 648 of 2010.

F243

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(ii), S.I. No. 648 of 2010.

F244

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(iii), S.I. No. 648 of 2010.

F245

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(iv), S.I. No. 648 of 2010.

F246

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(v), S.I. No. 648 of 2010.

F247

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(vi), S.I. No. 648 of 2010.

F248

Inserted by Civil Registration (Amendment) Act 2014 (34/2014), s. 32, not commenced as of date of revision.

Modifications (not altering text):

C48

Prospective affecting provision: subs. (5A) inserted and (8) amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 32, not commenced as of date of revision.

F248 [ (5A) A person who, without reasonable cause, fails or refuses to furnish evidence requested by the registrar under subsection (1A) or (3)(ba) of section 19 , or subsection (1A) or (2)(ba) of section 37 is guilty of an offence. ]

...

(8) A person who, without reasonable cause, fails or refuses to comply with a direction given to him or her under section 13(6) or a requirement in a notice given to or served on him or her under section 19(3) , F248 [ 22(1B)(ii), 22(3A) , ] 24(5), 37(2), 50(2), 64(2) or 65(2) is guilty of an offence.

...

Modifications (not altering text):

C49

Reference to “Adoption Board” construed (1.11.2010) by Adoption Act 2010 (21/2010), s. 143(2), S.I. No. 511 of 2010.

References to Adoption Board in enactments made before establishment day.

143.— ...

(2) Subject to this Act, on and after the establishment day, references to An Bord Uchtála or the Adoption Board—

(a) in any Act passed before the establishment day, or

(b) in any statutory instrument made before that day under an Act,

are to be read as references to the Authority, unless the context otherwise requires.