Civil Registration Act 2004

Staff of authorities.

17

17.F59 [ (1) Subject to the provisions of this section, the Executive, after consulting with an tArd Chl á raitheoir, shall

( a ) appoint, in respect of each registration area, an employee of the Executive as the chief officer of that area to be known as the Superintendent Registrar,

( b ) appoint such number of employees of the Executive as registrars of births, stillbirths, F60 [ deaths, marriages and civil partnerships ] and assign them to each registration area, and

( c ) assign such number of other employees to each registration area,

as it considers necessary for the performance of its functions.

(2) The appointment and assignment of a registrar under paragraph (b) and the assignment of an employee under paragraph (c) of subsection (1) to a registration area shall be in accordance with the scheme relating to the area.

(3) The Superintendent Registrar of a registration area shall manage, control and administer the Civil Registration Service on behalf of and subject to the control and direction of the Executive in that area and shall perform such other functions in relation to the Civil Registration Service as may from time to time be specified in writing to him or her by the Executive. ]

(4) A registrar shall have and perform F59 [ in the registration area to which he or she is assigned ] functions corresponding as nearly as may be to those standing conferred immediately before the commencement of this section on a registrar appointed under the repealed enactments and any other functions conferred on him or her by or under this Act (including F59 [ a scheme relating to that area ]).

(5) A registrar or an authorised officer shall, in the performance of his or her functions, be subject to the supervision of the Superintendent Registrar of F59 [ the registration area to which the registrar or officer is assigned ] and shall comply with any directions given to him or her under subsection (6).

F59 [ (6) A Superintendent Registrar of a registration area may give a direction to a registrar or authorised officer assigned to that area. ]

F61 [ (6A) A Superintendent Registrar of a registration area, with the consent of the Executive given following consultation with an tArd-Chl á raitheoir, may designate in writing a registrar assigned to that registration area to perform the functions of the Superintendent Registrar referred to in the designation in the absence (other than where the position of the Superintendent Registrar is vacant) of the Superintendent Registrar.

(6B) A registrar designated under subsection (6A) shall be accountable to the Superintendent Registrar concerned for the performance of the functions referred to in the designation.

(6C) The Superintendent Registrar shall be accountable to the Executive for the performance of the functions designated under subsection (6A) .

(6D) The Superintendent Registrar, with the consent of the Executive, may in writing revoke a designation under subsection (6A) . ]

(7) The Minister may, by regulations, confer on registrars such (if any) additional functions as he or she considers appropriate for the purposes of this Act.

(8) Subject to subsection (9), a registrar or other officer appointed after the commencement of this section shall hold office upon such terms and conditions as may be determined by F59 [ the Executive ] at the time of the appointment.

F59 [ (9) A person holding office under this section (including a Superintendent Registrar and a registrar) may be removed from office by the Executive if, in its opinion, the person is incapable by reason of ill health of performing the functions of the office or has committed stated misbehaviour or his or her removal from office appears to the Executive to be necessary for the effective performance of the functions of the office. ]

(10) F59 [ ( a ) The Executive may appoint any of its employees to be authorised officers either, as may be specified in the instrument of appointment, for the purposes of this Act or for the purposes of specified provisions of this Act and shall assign such officers to a registration area. ]

( b) An authorised officer, when exercising a power under this Act shall, if so requested by a person affected, produce to the person evidence in writing of his or her appointment as an authorised officer.

(11) A person holding office as a registrar of births, stillbirths, deaths and marriages immediately before the commencement of this section shall, upon such commencement, be deemed to have been appointed under this section as a registrar upon terms and conditions equivalent to those upon which he or she held the office aforesaid immediately before such commencement.

(12) A reference in any statute passed before the commencement of this section or in any instrument made under such a statute to a Superintendent Registrar or a registrar of births, stillbirths, deaths and marriages shall be construed as a reference to a Superintendent Registrar appointed under this section or a registrar, as the case may be, and, accordingly, a function standing vested in Superintendent Registrars or registrars of births, stillbirths, deaths and marriages immediately before such commencement under a provision of such a statute or instrument that continues in force after such commencement shall, upon such commencement, stand vested in Superintendent Registrars appointed under this section or registrars, as the case may be, and may be performed by, such a Superintendent Registrar or by a registrar, as the case may be.

(13) In this section “registrar” means a registrar of births, stillbirths, deaths F60 [ , marriages and civil partnerships ] appointed under this section.

Annotations

Amendments:

F59

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 5, S.I. No. 887 of 2004.

F60

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 10, S.I. No. 648 of 2010.

F61

Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 4, S.I. No. 357 of 2015.