Civil Registration Act 2004
Number 3 of 2004
CIVIL REGISTRATION ACT 2004
REVISED
Updated to 26 April 2023
This Revised Act is an administrative consolidation of the Civil Registration Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2022), enacted 2 May 2023, and all statutory instruments up to and including the Assisted decision-making (Capacity) Act 2015 (Commencement) (No. 2) Order 2023 (S.I. No. 193 of 2023), made 26 April 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 3 of 2004
CIVIL REGISTRATION ACT 2004
REVISED
Updated to 26 April 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Civil Registration Acts 2004 to 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Civil Law (Presumption of Death) Act 2019 (23/2019), s. 1(2)). The Acts in this group are:
• Civil Registration Act 2004 (3/2004)
• Civil Registration (Amendment) Act 2005 (19/2005)
• Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 25
• Civil Registration (Amendment) Act 2012 (48/2012)
• Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), Part 3
• Civil Registration (Amendment) Act 2014 (34/2014)
• Children and Family Relationships Act 2015 (9/2015), Part 9
• Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), Part 4
• Civil Registration Act 2019 (13/2019), other than s. 13
• Civil Law (Presumption of Death) Act 2019 (23/2019), Part 3
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Birth Information and Tracing Act 2022 (14/2022)
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)
• Civil Law (Presumption of Death) Act 2019 (23/2019)
• Civil Registration Act 2019 (13/2019)
• Social Welfare, Pensions and Civil Registration Act 2018 (37/2018)
• Data Protection Act 2018 (7/2018)
• Domestic Violence Act 2018 (6/2018)
• Assisted Decision-Making (Capacity) Act 2015 (64/2015)
• Marriage Act 2015 (35/2015)
• Gender Recognition Act 2015 (25/2015)
• Children and Family Relationships Act 2015 (9/2015)
• Merchant Shipping (Registration of Ships) Act 2014 (43/2014)
• Civil Registration (Amendment) Act 2014 (34/2014)
• Health Identifiers Act 2014 (15/2014)
• Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013)
• Civil Registration (Amendment) Act 2012 (48/2012)
• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)
• Adoption Act 2010 (21/2010)
• Housing (Miscellaneous Provisions) Act 2009 (22/2009)
• Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008)
• Health Act 2008 (21/2008)
• Medical Practitioners Act 2007 (25/2007)
• Health Act 2007 (23/2007)
• Garda Síochána Act 2005 (20/2005)
• Civil Registration (Amendment) Act 2005 (19/2005)
• Health Act 2004 (42/2004)
• Courts and Court Officers Act 1995 (31/1995)
• Status of Children Act 1987 (26/1987)
All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2May 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) Order 2021 (S.I. No. 28 of 2021)
• Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020)
• Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) (No. 2) Order 2020 (S.I. No. 328 of 2020)
• Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) Order 2020 (S.I. No. 194 of 2020)
• Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016)
• Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016)
• Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015)
• Civil Registration (Gender Recognition) (Abridged Certificate) Regulations 2015 (S.I. No. 378 of 2015)
• Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015)
• Civil Registration (Certified Extract of Register of Deaths) Regulations 2014 (S.I. No. 371 of 2014)
• Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010)
• Civil Registration (Civil Partnership Registration Form) Regulations 2010 (S.I. No. 671 of 2010)
• Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010)
• Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010)
• Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010 (S.I. No. 668 of 2010)
• Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010)
• Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010 (S.I. No. 666 of 2010)
• Civil Registration (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 831 of 2007)
• Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 (S.I. No. 744 of 2007)
• Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007)
• Register of Solemnisers (Correction of Errors) Regulations 2007 (S.I. No. 741 of 2007)
• Civil Registration (Fees and Allowances) Regulations 2007 (S.I. No. 740 of 2007)
• Register of Marriages (Correction of Errors) Regulations 2007 (S.I. No. 739 of 2007)
• Marriage Registration Form Regulations 2007 (S.I. No. 738 of 2007)
• Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007)
• Civil Registration Act 2004 (Commencement) Order 2007 (S.I. No. 736 of 2007)
• Civil Registration (Short Birth Certificate Regulations 2005 (S.I. No. 771 of 2005)
• Civil Registration (Births and Deaths (Fees) Regulations 2005 (S.I. No. 769 of 2005)
• Civil Registration (Fees and Allowances) Regulations 2005 (S.I. No. 768 of 2005)
• Civil Registration (Reduced Fees) Regulations 2005 (S.I. No. 766 of 2005)
• Civil Registration Act 2004 (Commencement) Order 2005 (S.I. No. 764 of 2005)
• Civil Registration Act 2004 (Section 65) (Commencement) Order 2004 (S.I. No. 588 of 2004)
• Civil Registration Act, 2004 (Section 27) (Commencement) Order 2004 (S.I. No. 84 of 2004)
All statutory instruments up to and including Assisted decision-making (Capacity) Act 2015 (Commencement) (No. 2) Order 2023 (S.I. No. 193 of 2023), made 26 April 2023, were considered in the preparation of this revision.
Number 3 of 2004
CIVIL REGISTRATION ACT 2004
REVISED
Updated to 26 April 2023
Section |
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1. |
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2. |
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2A. |
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2B. |
No impediment where subsisting civil partnership with each other. |
3. |
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4. |
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5. |
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6. |
Administration
7. |
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8. |
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8A. |
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9. |
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10. |
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11. |
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12. |
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13. |
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14. |
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15. |
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16. |
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17. |
Registration of Births and Stillbirths
Register of Gender Recognition
30A. |
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30B. |
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30C. |
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30D. |
Separate index of connections between register of gender recognition and register of births. |
30E. |
Registration under Part 3B
Registration of Adoptions
31. |
Definitions (Part 4). (Repealed) |
32. |
Registration of adoptions. (Repealed) |
33. |
Registration of foreign adoptions. (Repealed) |
34. |
Directions of High Court in relation to entries in register in respect of foreign adoptions. (Repealed) |
35. |
Privacy of adoption records. (Repealed) |
Registration of Deaths
Death Abroad
44A. |
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44B. |
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44C. |
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44D. |
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44E. |
Registration of Presumed Deaths
44F. |
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44G. |
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44H. |
Furnishing of particulars of presumed death by a court to registrar. |
Amendment of Law Relating to Marriages
45. |
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45A. |
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46. |
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47. |
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48. |
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49. |
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50. |
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51. |
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52. |
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53. |
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54. |
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55. |
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56. |
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57. |
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58. |
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58A. |
Marriage ceremonies performed at certain embassies or diplomatic missions. |
Registration of Decrees of Divorce and Decrees of Nullity
59. |
Registration of Civil Partnerships
59A. |
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59B. |
Notification of civil partnerships. (Repealed) |
59C. |
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59D. |
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59E. |
Places and times for registration of civil partnerships. (Repealed) |
59F. |
Objections. (Repealed) |
59G. |
Where interpretation required. (Repealed) |
59H. |
Effect of registration. (Repealed) |
59I. |
Effect of this Part. (Repealed) |
59IA. |
Civil Partnership ceremonies performed at certain embassies or diplomatic missions. |
Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership
59J. |
Registration of decrees of dissolution and decrees of nullity of civil partnership. |
Dissolution and Transitional
59K. |
Registration of dissolution of civil partnership on marriage. |
59L. |
General
60. |
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61. |
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62. |
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63. |
Correction of errors at request of persons having an interest. |
64. |
Corrections or cancellations of entries at request of Ard-Chláraitheoir or a registrar. |
65. |
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66. |
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67. |
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67A. |
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68. |
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69. |
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70. |
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71. |
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72. |
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73. |
Particulars to be Entered in Registers
Particulars to be Entered in Register of Births
Particulars to be Entered in Register of Stillbirths
Particulars to be entered in Register of Gender Recognition
Particulars to be entered in Register of Gender Recognition
Particulars of Adoptions within the State to be Entered in Register of Adoptions
Particulars of Foreign Adoptions to be Entered in Register of Adoptions
Particulars of Deaths to be Entered in Register of Deaths
Particulars of Presumed Deaths to be Entered in the Register of Presumed Deaths
Particulars of Decrees of Divorce to be Entered in Register of Decrees of Divorce
Particulars to be Entered in Register of Dissolutions
Particulars of Decrees of Nullity of Marriage to be Entered in Register of Decrees of Nullity of marriage
Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership
Enactments Repealed
Prohibited Degrees of Relationship
ACTS REFERRED TO |
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Adoption Act 1952 |
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Adoption Act 1991 |
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Adoption Acts 1952 to 1998 |
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Army Pensions Acts 1923 to 1980 |
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Births and Deaths Registration Act (Ireland) 1880 |
1880, c. 13 |
Births and Deaths Registration Acts 1863 to 1996 |
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Births, Deaths and Marriages Registration Act 1972 |
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Capital Acquisitions Tax Consolidation Act 2003 |
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Civil Service Regulation Acts 1956 to 1996 |
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Coroners Act 1962 |
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Data Protection Acts 1988 and 2003 |
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Defence (Amendment) (No. 2) Act 1960 |
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Defence Forces (Pensions) Acts 1932 to 1975 |
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Electoral Act 1992 |
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Electronic Commerce Act 2000 |
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Family Law Act 1995 |
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Family Law (Divorce) Act 1996 |
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Garda Síochána Act 1989 |
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Health Act 1947 |
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Health Act 1970 |
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Health (Eastern Regional Health Authority) Act 1999 |
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Housing Act 1966 |
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Housing Acts 1966 to 2002 |
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Legitimacy Act 1931 |
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Legitimacy Declaration Act (Ireland) 1868 |
1868, c. 20 |
Marriage Act 1835 |
5 & 6 Will 4., c. 54 |
Marriage Law (Ireland) Amendment Act 1863 |
26 Vict., c. 27 |
Marriage Law (Ireland) Amendment Act 1873 |
36 & 37 Vict., c. 16 |
Marriage of Lunatics Act 1811 |
51 Geo 3., c. 37 |
Marriage (Prohibited Degrees of Relationship) Acts 1907 and 1921 |
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Marriage (Society of Friends) Act 1860 |
23 & 24 Vict., c. 18 |
Marriage (Society of Friends) Act 1872 |
35 & 36 Vict., c. 10 |
Marriages Act 1936 |
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Marriages Act 1972 |
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Marriages (Ireland) Act 1844 |
1844, c. 81 |
Marriages (Ireland) Act 1846 |
9 & 10 Vict., c. 72 |
Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870 |
33 & 34 Vict., c. 110 |
Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871 |
1871, c. 49 |
Medical Practitioners Act 1978 |
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Mercantile Marine Act 1955 |
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Merchant Shipping Act 1894 |
57 & 58 Vict. c. 60 |
Petty Sessions (Ireland) Act 1851 |
1851, c. 93 |
Planning and Development Act 2000 |
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Registration of Births Act 1996 |
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Registration of Births and Deaths Act 1936 |
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Registration of Births and Deaths (Ireland) Act 1863 |
1863, c. 11 |
Registration of Marriages Act 1936 |
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Registration of Marriages (Ireland) Act 1863 |
1863, c. 90 |
Road Traffic Act 1961 |
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Social Welfare (Consolidation) Act 1993 |
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Stamp Duties Consolidation Act 1999 |
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Status of Children Act 1987 |
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Stillbirths Registration Act 1994 |
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Taxes Consolidation Act 1997 |
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Vital Statistics and Births, Deaths and Marriages Registration Act 1952 |
Number 3 of 2004
CIVIL REGISTRATION ACT 2004
REVISED
Updated to 26 April 2023
AN ACT TO PROVIDE FOR THE REORGANISATION, MODERNISATION AND NAMING OF THE SYSTEM (TO BE KNOWN AS THE CIVIL REGISTRATION SERVICE OR, IN THE IRISH LANGUAGE, AN tSEIRBHÍS UM CHLÁRÚ SIBHIALTA) OF REGISTRATION OF BIRTHS, STILLBIRTHS, ADOPTIONS, MARRIAGES AND DEATHS (INCLUDING CERTAIN BIRTHS AND DEATHS OCCURRING OUTSIDE THE STATE), TO PROVIDE FOR THE EXTENSION OF THE SYSTEM TO DECREES OF DIVORCE AND DECREES OF NULLITY OF MARRIAGE AND FOR THOSE PURPOSES TO REVISE THE LAW RELATING TO THE SYSTEM, TO AMEND THE LAW RELATING TO MARRIAGES AND TO PROVIDE FOR RELATED MATTERS. [27th February, 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (1.01.2008) by Civil Registration (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 831 of 2007), arts. 2 and 3, in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Social and Family Affairs.
(2) References to the Department of Health and Children contained in any Act or instrument made under it or scheme and relating to any administration and business transferred by paragraph (1) are, on and after the commencement of this Order, to be read as references to the Department of Social and Family Affairs.
3. (1) The functions vested in the Minister for Health and Children by or under—
(a) the Civil Registration Act 2004 (No. 3 of 2004) (other than section 66),
...
are transferred to the Minister for Social and Family Affairs.
(2) References to the Minister for Health and Children contained in any Act or instrument made under it or scheme and relating to any functions transferred by this Article, on and after the commencement of this Order, are to be read as references to the Minister for Social and Family Affairs.
C2
Functions in relation to Act transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1), (2) and (3) and sch. 3 item 64, S.I. No. 887 of 2004, subject to transitional provisions in s. 74 and sch. 5.
Dissolution of health boards and other specified bodies.
58.—The specified bodies are, by this Act, dissolved on the establishment day.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:
(a) the chief executive officer of a health board;
(b) the Regional Chief Executive of the Eastern Regional Health Authority;
(c) the area chief executive of an Area Health Board.
...
SCHEDULE THREE
Transfer of Functions and References to Functional Areas
Section 59 and 67.
...
64. Civil Registration Act 2004
...
Editorial Notes:
E1
Presumption of paternity in respect of persons identified as such in register maintained under Act prescribed (14.06.1988) by Status of Children Act 1987 (26/1987), s. 46(3), commenced as per s. 1(2)(b), as amended (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 88(c), S.I. No. 12 of 2016.