Civil Registration Act 2004
Corrections or cancellations of entries at request of Ard-Chláraitheoir or a registrar.
64.—F269[(1) Where a registrar is satisfied that an entry in the register of births or deaths contains an error of fact, he or she shall notify the error to—
(a) the Superintendent Registrar of the registration area to which the registrar is assigned, or
(b) if the entry was made pursuant to section 19(1)(ii) or section 37(1)(ii), an tArd-Chláraitheoir.]
(2) When a Superintendent Registrar of F270[any registration area] receives a notification under F269[subsection (1)(a)], the Superintendent Registrar or a registrar F270[in that registration area], if so directed by the Superintendent Registrar, shall by notice in writing given to a qualified informant (within the meaning of Part 3 or 5, as the case may be) in relation to the birth or death concerned (“the person”) require him or her—
(a) to attend at the office of a registrar specified by the Superintendent Registrar or at the office of the registrar aforesaid, or at any other convenient place specified in the notice, within such time (not being less than 7 days from the date of the giving of the notice) as may be so specified, and
(b) to give to the registrar a statutory declaration specifying the error and, to the best of his or her knowledge and belief, the relevant facts,
and the person shall also give to the registrar such other information as the Superintendent Registrar or the registrar may reasonably require.
F271[(2A) When an tArd-Chláraitheoir receives a notification under subsection (1)(b), he or she shall enquire into the matter and on completion of that enquiry may, if he or she considers it appropriate to do so, cancel the entry in the register or make a correction of the error in the entry concerned in the register and the original entry shall be retained in the register and the cancellation, or the correction as the case may be, shall be noted in respect of the original entry.]
(3) When a person complies with subsection (2), the Superintendent Registrar, or the registrar, concerned may—
(a) correct the error concerned in the register of births or the register of deaths, as the case may be, or
(b) request a direction from an tArd-Chláraitheoir in relation to the matter.
(4) Where, pursuant to subsection (2), the Superintendent Registrar concerned is satisfied that, in relation to the error concerned, neither a person referred to in subsection (2) nor two other credible persons having knowledge of the facts concerned can be found, he or she may request an tArd-Chláraitheoir to give a direction under subsection (5) in relation to the matter.
(5) When an tArd-Chláraitheoir receives a request under subsection (3) or (4), he or she may, if he or she considers it appropriate to do so, direct the Superintendent Registrar, or the registrar, F273[concerned to cancel the entry in the register or make, in such manner] as he or she may specify, a correction of the error in the entry concerned in the register, and the direction shall be complied with and the original entry shall be retained in the register.
F274[F269[(5A) Where an tArd-Chláraitheoir is satisfied that an entry of a birth, stillbirth or death in the register of births, stillbirths or deaths was made on the basis of—
(a) required particulars referred to in subsection (5B), or
(b) false or misleading information furnished to an tArd-Chláraitheoir or the registrar,
an tArd-Chláraitheoir, where he or she is satisfied that it is appropriate to do so—
(i) may cancel the entry and retain the entry so cancelled or direct a registrar to cancel the entry and retain the entry so cancelled in the register of births, stillbirths or deaths, and
(ii) may make an entry or direct the registrar to make an entry, under and in accordance with Part 3 or 5, in relation to the birth, stillbirth or death concerned, in the register of births, stillbirths or deaths,
and the registrar shall comply with a direction given under paragraph (i) or (ii).]
(5B) Required particulars, for the purpose of subsection (5A)(a) are required particulars—
(a) as respects the register of births, furnished (except under section 19(5)) F269[to an tArd-Chláraitheoir or to the registrar] by a person other than a qualified informant,
(b) as respects the register of stillbirths, furnished (except under subsection (6) or (7) of section 28) F269[to an tArd-Chláraitheoir or to the registrar] by a person other than a person referred to in paragraph (a) or (b) of subsection (1) of section 28, or
(c) as respects the register of deaths, furnished F269[to an tArd-Chláraitheoir or to the registrar] by a person other than a qualified informant.]
(6) Where an tArd-Chláraitheoir is satisfied that two or more entries have been made in a register maintained under section 13 in respect of the same event, he or she may direct a Superintendent Registrar, a registrar or an officer of an tArd-Chláraitheoir to cancel such of the entries as he or she may specify, and the direction shall be complied with and the cancelled entry or entries shall be retained in the register.
(7) Where an tArd-Chláraitheoir is satisfied that an entry in the register of marriages relates to—
(a) a marriage, one or both of the parties to which was or were under the age of 18 years at the time of the solemnisation of the marriage,
(b) a marriage, as respects which one or more of the requirements specified in subsections (1) and (2) of section 46 and subsections (1) to (3) of section 51 were not complied with, F275[…]
(c) a marriage to which there was an impediment, F276[or]
F277[(d) a marriage (other than a marriage referred to in paragraph (c)) in relation to which there is a decree of nullity.]
an tArd-Chláraitheoir shall—
(i) direct a registrar to cancel the entry and the direction shall be complied with and the cancelled entry shall be retained in the register, and
(ii) notify the parties to the marriage, and the registered solemniser (within the meaning of Part 6), or the person temporarily authorised under section 57, who solemnised the marriage of the direction.
F272[(8) If an tArd-Chláraitheoir is satisfied that an entry in the register of civil partnerships relates to a civil partnership of a class referred to in subsection (9)—
(a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties to the civil partnership and the registrar who registered it of the direction, and
(b) the registrar shall comply with the direction and ensure that the cancelled entry is retained in the register.
(9) The classes referred to in subsection (8) are:
(a) a civil partnership, as respects which one or more of the requirements specified in subsections (1) and (5) of section 59B were not complied with (other than where there has been an exemption ordered under subsection (2) F278[of that section),]
(b) a civil partnership to which there was F279[an impediment within the meaning of section 2(2A); and]
F280[(c) a civil partnership (other than a civil partnership referred to in paragraph (b)) in relation to which there is a decree of nullity.]]
Annotations
Amendments:
F269
Substituted (12.08.2024) by Civil Registration (Electronic Registration) Act 2024 (27/2024), ss. 16(a), (b), (d) and (e), S.I. No. 435 of 2024.
F270
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 25, S.I. No. 887 of 2004.
F271
Inserted (12.08.2024) by Civil Registration (Electronic Registration) Act 2024 (27/2024), s. 16(c), S.I. No. 435 of 2024.
F272
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 19, S.I. No. 648 of 2010.
F273
Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(a), S.I. No. 550 of 2020.
F274
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(b), S.I. No. 550 of 2020.
F275
Deleted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(i), S.I. No. 550 of 2020.
F276
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(ii), S.I. No. 550 of 2020.
F277
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(iii), S.I. No. 550 of 2020.
F278
Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(i), S.I. No. 550 of 2020.
F279
Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(ii), S.I. No. 550 of 2020.
F280
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(iii), S.I. No. 550 of 2020.