Irish Nationality and Citizenship Act 1956

Registry of births abroad.

27

27.F47[(1) A foreign births entry book shall be kept at such Irish diplomatic missions and consular offices as the Minister for Foreign Affairs may, from time to time, specify in regulations.]

F48[(1A) A foreign births register shall be kept in the Department of Foreign Affairs in Dublin.]

(2) The F47[birth outside the island of Ireland] of a person deriving citizenship through a father or mother F47[so born] may be registered, in accordance with the foreign births regulations, either in any foreign births entry book or in the foreign births register, at the option of the person registering the birth.

(3) Particulars of all births entered in a foreign births entry book shall be transmitted, from time to time, in accordance with the foreign births regulations, to the Department of F47[Foreign Affairs] for entry in the foreign births register.

F49[(3A) A register for the purpose of the registration of gender recognition of foreign births shall be kept in the Department of Foreign Affairs and Trade, and on receipt of an application in that behalf by a person referred to in subparagraph (iii) of section 9 (1)(a) of the Gender Recognition Act 2015 to whom a gender recognition certificate is issued, particulars of the person’s gender recognition shall be entered in that register.]

(4) A document purporting to be a copy of an entry in a foreign births entry book or in the foreign births register F49[or, where applicable, an entry in the register referred to in subsection (3A)], and to be duly authenticated, shall be admitted in evidence without proof of the signature or seal whereby it is authenticated or of the authority of the person whose signature or seal appears thereon and shall, until the contrary is proved, be deemed a true copy of the entry and accepted as proof of the fact and terms thereof.

(5) The Minister for F47[Foreign Affairs] may make regulations (in this Act referred to as the foreign births regulations) respecting the form and manner of keeping of foreign births entry books and the foreign births register, the registration of births therein, F48[the amendment or deletion of incorrect entries therein,] the transmission of particulars of births from foreign births entry books for entry in the foreign births register, the inspection of the books and register by the public, the furnishing of extracts therefrom, and (with the consent of the Minister for Finance) the fees (if any) to be charged for registration of births in the books and register, for the inspection thereof and for furnishing extracts therefrom.

F49[(5A) Regulations may also be made under subsection (5) for the purposes of the register referred to in subsection (3A) respecting the form and manner of keeping of the register, the registration of gender recognition therein, the persons to whom extracts there from may be furnished, the amendment or deletion of incorrect entries therein, the amendment or deletion of an entry in the register to correspond with an amendment or deletion of an incorrect entry in the foreign births register, the amendment or deletion of an entry where the Minister for Foreign Affairs and Trade is notified under the Gender Recognition Act 2015 that a gender recognition certificate is amended or revoked, making a traceable connection between the foreign births register and the register referred to in subsection (3A), confidentiality attaching to such traceable connection and to the register referred to in subsection (3A) and (with the consent of the Minister for Public Expenditure and Reform) the fees (if any) to be charged for registration of gender recognition in the register and for furnishing extracts thereof.]

F48[(6) Where the foreign births regulations provide for the amendment or deletion of incorrect entries made in any foreign births entry book or the foreign births register, the regulations may, at the discretion of the Minister for Foreign Affairs, also provide for notice to be given and the time in which notice shall be given, before any such proposed amendment or deletion is made, to any person (whose whereabouts is known and can readily be found) affected by the proposal and the manner, the time in which and to whom representations may be made in respect of the proposal by any such person.]

F49[(7) In this section ‘gender recognition certificate’ has the same meaning as it has in the Gender Recognition Act 2015;]

Annotations:

Amendments:

F47

Substituted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 7(a), (b), (c), (e), S.I. No. 128 of 2002.

F48

Inserted (30.11.2002) by Irish Nationality and Citizenship Act 2001 (15/2001), s. 7(a), (d), (f), S.I. No. 128 of 2002.

F49

Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 31(a)-(d), S.I. No. 369 of 2015.

Modifications (not altering text):

C4

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

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

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

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 26 of 1956

Irish Nationality and Citizenship Act 1956

Sections 3(1), 27(5) and 31(1)

...

...

...

C5

Transitional provisions for registration under section prescribed (1.05.1994) by Irish Nationality and Citizenship Act 1994 (9/1994), s. 2, commenced on enactment.

Registration of births outside Ireland.

2.—(1) Where a person, during the transitional period, lodged an application for the registration under section 27 of the Act of 1956 of a birth outside Ireland and the birth would have been registrable under the Irish Nationality and Citizenship Acts, 1956 and 1986, during the transitional period but was not so registered, then—

(a) where the birth has not been registered before the passing of this Act, that birth may be registered under the said section 27, or

(b) where the birth has been registered after the transitional period but before the passing of this Act, that birth may be re-registered under the said section 27.

(2) A birth registered or re-registered under section 27 of the Act of 1956 by virtue of subsection (1) of this section shall be deemed to have been registered on the 1st day of July, 1986.

(3) A birth registered under section 27 of the Act of 1956 during the transitional period shall be deemed to have been registered on the 1st day of July, 1986.

Editorial Notes:

E28

Power pursuant to subs. (5) exercised (1.12.2017) by Gender Recognition of Foreign Births Regulations 2017 (S.I. No. 539 of 2017), in effect as per reg. 1(2).

E29

Power pursuant to subs. (5) exercised (1.03.2013) by Foreign Births Regulations 2013 (S.I. No. 47 of 2013), in effect as per reg. 2.

E30

Power pursuant to subs. (5) exercised (30.05.1994) by Foreign Births (Amendment) Regulations 1994 (S.I. No. 155 of 1994), in effect as per reg. 2.

E31

Power pursuant to subs. (5) exercised (1.01.1989) by Foreign Births (Amendment) Regulations 1988 (S.I. No. 341 of 1988), in effect as per reg. 2.

E32

Power pursuant to subs. (5) exercised (1.01.1986) by Foreign Births (Amendment) Regulations 1985 (S.I. No. 363 of 1985), in effect as per reg. 2.

E33

Power pursuant to subs. (5) exercised (1.08.1981) by Foreign Births (Amendment) Regulations 1981 (S.I. No. 259 of 1981), in effect as per reg. 2.

E34

Power pursuant to subs. (5) exercised (2.06.1980) by Foreign Births (Amendment) Regulations 1980 (S.I. No. 94 of 1980), in effect as per reg. 2.

E35

Previous affecting provision: power pursuant to section exercised (1.11.2009) by Foreign Births (Amendment) Regulations 2009 (S.I. No. 408 of 2009), in effect as per reg. 1(3); revoked (1.03.2013) by Foreign Births Regulations 2013 (S.I. No. 47 of 2013), reg. 14(1), in effect as per reg. 2.

E36

Previous affecting provision: power pursuant to subs. (5) exercised (1.01.1977) by Foreign Births (Amendment) Regulations 1976 (S.I. No. 273 of 1976), in effect as per reg. 2; revoked (2.06.1980) by Foreign Births (Amendment) Regulations 1980 (S.I. No. 94 of 1980), reg. 5, in effect as per reg. 2.

E37

Previous affecting provision: power pursuant to subs. (5) exercised (1.01.1975) by Foreign Births (Amendment) Regulations 1974 (S.I. No. 349 of 1974), in effect as per reg. 2; revoked (1.01.1977) by Foreign Births (Amendment) Regulations 1976 (S.I. No. 273 of 1976), reg. 5, in effect as per reg. 2.

E38

Previous affecting provision: power pursuant to subs. (5) exercised (9.08.1956) by Foreign Births Regulations 1956 (S.I. No. 224 of 1956); revoked (1.03.2013) by Foreign Births Regulations 2013 (S.I. No. 47 of 2013), reg. 14(1), in effect as per reg. 2, subject to transitional provision in reg. 14(2).