Civil Registration Act 2004

Functions of Ard-Chláraitheoir.

8

8.—(1) The principal functions of an tArd-Chláraitheoir are—

( a) to maintain, manage and control the system of registration (which shall be known as the Civil Registration Service) established by the repealed enactments of births, stillbirths, F31 [ ] deaths and marriages, wherever occurring in the State, and of births to which section 26 or 27 applies and deaths to which section 38 or 39 applies,

( b) to extend the Civil Registration Service to decrees of divorce, and decrees of nullity F32 [ of marriage ], wherever granted in the State,

F33 [ ( bb ) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State,

( bbb ) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State, ]

( c) where appropriate, to modify and adapt the Civil Registration Service so as to provide for changing needs and circumstances (including the use of electronic or other information technology) in relation to the Service,

( d) for the purposes of the Civil Registration Service, where appropriate, to maintain, adapt, modify and enlarge the registers, indexes and other records established and maintained under the repealed enactments,

( e) to establish and maintain registers and indexes for the purposes of the registration of decrees of divorce and decrees of nullity F34 [ of marriage ],

F35 [ ( ee ) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships,

( eee ) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships, ]

F36 [ ( eeee ) to establish and maintain a register and index for the purpose of the registration of gender recognition, ]

F37 [ ( eeeee ) to establish and maintain a register and index for the purpose of the registration of presumed deaths, ]

( f) to monitor the operation of this Act,

( g) to make recommendations to the Minister on any measures that are estimated to cost in excess of such amount as may be specified by the Minister from time to time and are, in the opinion of an tArd-Chláraitheoir, necessary to achieve and maintain appropriate standards of efficiency in the Civil Registration Service and, subject to the consent of the Minister, to implement those measures or, instead of or in addition to them, such measures as the Minister may specify in relation to those standards,

( h) to publish guidelines to registrars (within the meaning of section 17 ) on the operation of this Act,

( i) to initiate and prosecute proceedings in relation to summary offences under this Act or any of the repealed enactments, and

( j) to perform any other functions conferred on him or her by the Minister under subsection (3).

(2) For the purposes of the foregoing and notwithstanding the repeals effected by section 4 , the system of registration of births, stillbirths, F38 [ deaths and marriages ] established and maintained under the repealed enactments shall continue in existence after the commencement of that section but may, if and whenever an tArd-Chláraitheoir considers it appropriate to do so, be adapted, modified or enlarged by him or her and, accordingly, the registers, indexes and other records established and maintained under the system shall also continue in existence after such commencement.

(3) The Minister may, by regulations, confer on an tArd-Chláraitheoir such additional functions in relation to the Civil Registration Service as he or she considers appropriate.

(4) An tArd-Chláraitheoir shall be independent in the performance of his or her functions F39 [ , including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010 ].

(5) An tArd-Chláraitheoir may do all such acts or things as are necessary or expedient for the purpose of the performance of his or her functions F40 [ , including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010 ].

(6) An tArd-Chláraitheoir may delegate such of his or her functions F41 [ , including his or her functions under Chapter 1 of Part 10 of the Adoption Act 2010 ] as he or she considers appropriate to a member of his or her staff.

Annotations

Amendments:

F31

Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(i), S.I. No. 511 of 2010.

F32

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 8(a), S.I. No. 648 of 2010.

F33

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 8(b), S.I. No. 648 of 2010.

F34

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 8(c), S.I. No. 648 of 2010.

F35

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 8(d), S.I. No. 648 of 2010.

F36

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

F37

Inserted (1.11.2019) by Civil Law (Presumption of Death) Act 2019 (23/2019), s. 13, S.I. No. 579 of 2019.

F38

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(ii), S.I. No. 511 of 2010.

F39

Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(iii), S.I. No. 511 of 2010.

F40

Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(iv), S.I. No. 511 of 2010.

F41

Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(v), S.I. No. 511 of 2010.