Registration Background

Table of Contents

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;

…

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.

PART 1

Preliminary and General

Section 1

Short title and commencement.

1.—(1) This Act may be cited as the Civil Registration Act 2004.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, including the application of section 4 to different statutory provisions specified in the Second Schedule.

Annotations

Editorial Notes:

E2
Power pursuant to subs. (2) exercised (5.11.2007) by Civil Registration Act 2004 (Commencement) Order 2007 (S.I. No. 736 of 2007).

2. The 5th day of November 2007 is appointed as the day on which the following provisions of the Civil Registration Act 2004 (No. 3 of 2004) come into operation:

(a) section 4 in so far as it relates to the repeal of the enactments specified in the Schedule to this Order;

(b) section 13(1)(e);

(d) the Second Schedule in so far as it relates to the repeal of the enactments mentioned in the Schedule to this Order.

Regulation 2.

SCHEDULE

Session and Chapter or Number and Year

Short title

Extent of repeal

7 & 8 Vict., c. 81

Marriages (Ireland) Act 1844

The whole Act.

9 & 10 Vict., c. 72

Marriages (Ireland) Act 1846

The whole Act.

23 & 24 Vict., c.18

Marriage (Society of Friends) Act 1860

The whole Act.

26 & 27 Vict., c. 90

Marriage Law (Ireland) Amendment Act 1863

The whole Act.

26 & 27 Vict., c. 90

Registration of Marriages (Ireland) Act 1863

The whole Act other than sections 7, 8, 12, 21 and 25.

33 & 34 Vict., c. 49

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1870

Sections 32 to 40 and 42.

34 & 35 Vict., c. 49

Matrimonial Causes and Marriage Law (Ireland) Amendment Act 1871

Sections 21 to 29.

35 & 36 Vict., c. 10

Marriage (Society of Friends) Act 1872

The whole Act.

36 & 37 Vict., c. 16

Marriage Law (Ireland) Amendment Act 1873

The whole Act.

No. 35 of 1936

Registration of Marriages Act 1936

The whole Act.

No. 47 of 1936

Marriages Act 1936

The whole Act.

No. 30 of 1972

Marriages Act 1972

The whole Act.

No. 26 of 1995

Family Law Act 1995

Section 32;In section 33(1), the words “or section 32(1)(a) or both of those provisions”.

E3
Power pursuant to subs. (2) exercised (5.12.2005) by Civil Registration Act 2004 (Commencement) Order 2005 (S.I. No. 764 of 2005).

2. The 5th day of December 2005 is appointed as the day on which the following provisions of the Civil Registration Act 2004 (No. 3 of 2004) come into operation:

(a) Section 4, and the Second Schedule, in so far as they apply to the enactments specified in the Schedule to this Order;

(b) Part 1 (other than section 4);

(d) Part 3, in so far as it is not already in operation;

(e) Part 5;

(f) Part 8 (other than section 73), in so far as it is not already in operation;

(g) Parts 1, 2 and 5 of the First Schedule.

SCHEDULE

1. Registration of Births and Deaths (Ireland) Act 1863.

2. Section 254 of the Merchant Shipping Act 1894.

3. Births and Deaths Registration Act (Ireland) 1880.

4. Section 1(4) and the Schedule to the Legitimacy Act 1931 (No. 13 of 1931).

5. Registration of Births and Deaths Act 1936 (No. 34 of 1936).

6. Section 6 of the Defence (Amendment) (No.2) Act 1960 (No. 44 of 1960).

7. Sections 50 and 51 of the Coroners Act 1962 (No. 9 of 1962).

8. Births, Deaths and Marriages Registration Act 1972 (No. 25 of 1972).

9. Section 48 of the Status of Children Act 1987 (No. 26 of 1987).

10. Section 4 of the Garda Síochána Act 1989 (No. 1 of 1989).

11. Stillbirths Registration Act 1994 (No. 1 of 1994).

12. Registration of Births Act 1996 (No. 36 of 1996) (other than subsections (4) and (4A) of section 1).

E4
Power pursuant to subs. (2) exercised (1.10.2004) by Civil Registration Act 2004 (Section 65) (Commencement) Order 2004 (S.I. No. 588 of 2004).

Commencement

2. Section 65 of the Civil Registration Act 2004 shall come into operation on 1st October 2004.

E5
Power pursuant to subs. (2) exercised (2.03.2004) by Civil Registration Act, 2004 (Section 27) (Commencement) Order 2004 (S.I. No. 84 of 2004).

Commencement

2. Section 27 of the Civil Registration Act, 2004 shall come into operation on 2nd March 2004.

Section 2

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“the Act of 1844” means the Marriages (Ireland) Act 1844;

“the Act of 1863” means the Registration of Births and Deaths (Ireland) Act 1863;

F1[“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ]

F2[“Act of 2015” means the Gender Recognition Act 2015;]

F3[F4[…]]

F5[“Act of 2019” means the Civil Law (Presumption of Death) Act 2019;]

“the Acts” means the Births and Deaths Registration Acts 1863 to 1996;

F6[…]

“Ard-Chláraitheoir” shall be construed in accordance with section 7;

“authorised officer” shall be construed in accordance with section 17(10);

F7[…]

“birth” does not include stillbirth;

F1[“civil partner” has the meaning assigned to it by the Act of 2010;]

F8[“civil partnership of convenience” means a civil partnership where at least one of the parties to the civil partnership—

(a) at the time of entry into the civil partnership is a foreign national, and

(b) enters into the civil partnership solely for the purpose of securing an immigration advantage for at least one of the parties to the civil partnership;]

F1[“civil partnership registration” means registration under section 59D;]

“Civil Registration Service” shall be construed in accordance with section 8;

“civil servant” has the meaning assigned to it by the Civil Service Regulation Acts 1956 to 1996;

F1[“civil status” means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;]

F8[“cohabitant” shall be construed in accordance with section 172 of the Act of 2010;]

F9[“decree of divorce” has the meaning assigned to it by the Family Law (Divorce) Act 1996;]

F1[“dissolution” means dissolution of a civil partnership under section 110 of the Act of 2010;]

F3[“donor-conceived child” has the same meaning as it has in Part 2 of the F10[Children and Family Relationships Act 2015];]

F8[“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

“event” means a birth, stillbirth, F6[…], F6[…], marriage, death, decree of F11[divorce, decree of nullity, civil partnership registration or dissolution], occurring or granted anywhere in the State or a birth to which section 26 or 27 applies or a death to which section 38 or 39 applies and includes a birth, stillbirth, adoption, foreign adoption, marriage or death that could have been, but was not, registered in a register formerly maintained under the repealed enactments;

F8[“evidence” includes documentary evidence;]

F12[“Executive” means the Health Service Executive;]

F6[…]

F8[“foreign national” means a person who is neither an Irish citizen, nor a citizen of a member state;]

“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

F2[“gender recognition certificate” has the meaning assigned to it by the Act of 2015;]

F7[…]

F8[“immigration advantage” means a determination in a person’s favour by or on behalf of the Minister for Justice and Equality of any question relating to the grant of a visa to, or the entry into, presence in or removal from the State of a foreign national or any determination of a right to enter or reside in the State pursuant to the—

(a) European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977),

(b) European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997), or

F8[“immigration status” means entitlement of a person to reside in the State and the basis for that entitlement;]

F8[“marriage of convenience2 means a marriage where at least one of the parties to the marriage—

(a) at the time of entry into the marriage is a foreign national, and

(b) enters into the marriage solely for the purpose of securing an immigration advantage for at least one of the parties to the marriage;]

“Minister” means Minister for Health and Children;

F5[“missing person” has the same meaning as missing person in section 2 of the Act of 2019;]

“Oifig an Ard-Chláraitheora” shall be construed in accordance with section 12;

F3[“parent”, in relation to a donor-conceived child, means the parent or parents of that child under section 5 of the F10[Children and Family Relationships Act 2015];]

“personal public service number” has the meaning assigned to it by the Social Welfare (Consolidation) Act 1993;

“prescribed” means prescribed by regulations made by the Minister;

F5[“presumed death” means a presumed death where a presumption of death order has been made under section 5 of the Act of 2019;]

“qualified informant” in relation to a birth or death, shall be construed in accordance with section 19 or 37, as may be appropriate;

“registered medical practitioner” means a person who is registered or entitled to be registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act 1978;

“registrar”—

(a) in relation to a marriage or intended marriage or the register of marriages, means a registrar within the meaning of section 17,

F13[(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,]

(b) in relation to a birth or stillbirth, a newborn child found abandoned or a death or the register of births, the register of stillbirths or the register of deaths, a registrar within the meaning of section 17,

(d) in relation to a decree of divorce or the register of decrees of divorce, means the Courts Service F14[,]

F15[(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

(f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and

(g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,]

and references to a registrar include references to a person authorised by the registrar to act on the registrar’s behalf and to the successor of the registrar;

F12[“registration area” shall be construed in accordance with section 15(1) and (2A);]

“repealed enactments” means the enactments repealed by section 4;

“the required particulars” means—

F16[(a) in relation to a birth or a living new born child found abandoned, the particulars specified in Part 1 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;

(b) in relation to a stillbirth the particulars specified in Part 2 of the First Schedule in relation to the child, the mother of the child and, as applicable, the father or other parent of the child;]

(d) F6[…]

F16[(e) in relation to a death, the particulars specified in Part 5 of the First Schedule in relation to the deceased and, as applicable, the mother, father, parent and guardian of the deceased;]

F5[(f) in relation to a presumed death, the particulars specified in Part 5B of that Schedule;]

F17[“scheme” means a scheme approved under section 14;]

“signature” includes an electronic signature within the meaning of the Electronic Commerce Act 2000 and cognate words shall be construed accordingly;

“stillborn child” means a child who, at birth, weighs not less than 500 grammes or has a gestational age of not less than 24 weeks and shows no sign of life and “stillbirth” shall be construed accordingly;

“Superintendent Registrar” shall be construed in accordance with section 17.

(2) For the purposes of this Act there is an impediment to a marriage if—

(a) the marriage would be void by virtue of the Marriage Act 1835 as amended by the Marriage (Prohibited Degrees of Relationship) Acts 1907 and 1921,

(b) one of the parties to the marriage is, or both are, already married,

F18[(c) one or both of the parties to the intended marriage will be under the age of 18 years on the date of solemnisation of the intended marriage and an exemption from the application of section 31(1)(a) of the Family Law Act 1995 in relation to the marriage was not granted under section 33 of that Act—

(i) prior to the coming into operation of subsection (1) of section 45 of the Domestic Violence Act 2018, or

(ii) in accordance with subsection (2) of section 45 of that Act.]

F19[(d) one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity (within the meaning of the Assisted Decision-Making (Capacity) Act 2015) to consent to the marriage,]

(e) F20[…]

F21[(f) one of the parties to the marriage is, or, other than where section 2B applies, both are, already party to a subsisting civil partnership, or]

F22[(g) the marriage would constitute a marriage of convenience.]

F23[(g) the marriage would be void by virtue of section 2A.]

F24[(2A) F25[…]

(2B) F25[…]]

(3) In this Act—

(a) a reference to a birth, stillbirth, F6[…] marriage or death includes a reference to such an event that could have been, but was not, registered in a register formerly maintained under the repealed enactments;

(b) a reference to a section, Part or Schedule is a reference to a section, Part or Schedule of or to this Act, unless it is indicated that a reference to some other provision is intended;

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended;

(d) a reference to any enactment or instrument made under statute is a reference to that enactment or instrument as amended, adapted or extended at any time by any enactment or instrument made under statute.

Annotations

Amendments:

F1
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(a), S.I. No. 648 of 2010.

F2
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 24, S.I. No. 369 of 2015.

F3
Inserted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 92(a), commenced as per s. 1(7).

F4
Deleted (6.10.2019) by Civil Registration Act 2019 (13/2019), s. 2(1)(a), commenced as per subs. (2).

F5
Inserted (1.11.2019) by Civil Law (Presumption of Death) Act 2019 (23/2019), s. 12(a), (b), S.I. No. 579 of 2019.

F6
Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(a), S.I. No. 511 of 2010.

F7
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 1(a), (c), S.I. No. 887 of 2004.

F8
Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(a), S.I. No. 357 of 2015.

F9
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(b), S.I. No. 648 of 2010.

F10
Substituted (6.10.2019) by Civil Registration Act 2019 (13/2019), s. 2(1)(b), (c), commenced as per subs. (2).

F11
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(d), S.I. No. 648 of 2010.

F12
Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 1(b), (d), S.I. No. 887 of 2004.

F13
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(e)(i), S.I. No. 648 of 2010.

F14
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(e)(ii), S.I. No. 648 of 2010.

F15
Substituted and inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(1)(e)(iii), S.I. No. 648 of 2010.

F16
Substituted (6.10.2019) by Children and Family Relationships Act 2015 (9/2015), s. 92(b), commenced as per s. 1(7).

F17
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 1(e), S.I. No. 887 of 2004.

F18
Substituted (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 49, S.I. No. 532 of 2018.

F19
Substituted (26.04.2023) by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(a), S.I. Nos. 192, 193 of 2023.

F20
Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 4(a), S.I. No. 504 of 2015.

F21
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 4(b), S.I. No. 504 of 2015.

F22
Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(b)(iii), S.I. No. 357 of 2015.

F23
Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 4(c), S.I. No. 504 of 2015.

F24
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(3), S.I. No. 648 of 2010.

F25
Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(a), S.I. No. 504 of 2015.

Modifications (not altering text):

C3
Reference in subs. (1) to “registered medical practitioner” and “General Register of Medical Practitioners” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), (2), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument shall be construed as a reference to any division of the register.

…

Editorial Notes:

E6
Previous affecting provision: definition inserted by Children and Family Relationships Act 2015 (9/2015), s. 92(a), not commenced as of date of revision; deleted as per F-note above.

E7
Previous affecting provision: subs. (2A)(d) substituted by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(b), not commenced; subsection deleted as per F-note above.

E8
Previous affecting provision: application of subss. (2)(e) and (2A)(e) construed by Gender Recognition Act 2015 (25/2015), s. 18(3), not commenced; deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 24(f)(i), S.I. No. 504 of 2015.

E9
Previous affecting provision: subs. (2)(e), (f) amended (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(b)(i), (ii), S.I. No. 357 of 2015; deleted and substituted as per F-note above.

E10
Previous affecting provision: subs. (2)(d) amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(2)(a), S.I. No. 648 of 2010; substituted (26.04.2023) as per F-note above.

E11
Definition of decree of nullity substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(2)(c), S.I. No. 648 of 2010; definition of nullity does not exist in the section.

E12
Previous affecting provision: subs. (2)(e) amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(2)(b), S.I. No. 648 of 2010; superseded as per E-note above.

E13
Previous affecting provision: subs. (2)(f) inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(2)(c), S.I. No. 648 of 2010, and amended (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(b)(ii), S.I. No. 357 of 2015; substituted as per F-note above.

E14
Previous affecting provision: subs. (2A) inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 7(3), S.I. No. 648 of 2010, and amended (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 3(c), S.I. No. 357 of 2015; deleted as per F-note above.

Section 2A 2A
F26[Prohibited degrees of relationship

2A. (1) For the purposes of this Act, any prohibition in this Act or any other enactment or rule of law on marriage between two persons of the opposite sex arising by virtue of a relationship of consanguinity or affinity between them, shall, subject to any necessary modifications, apply to marriage between two persons of the same sex as it applies to marriage between two persons of the opposite sex.

(2) A marriage purported to be solemnised which contravenes a prohibition referred to in subsection (1) shall be void.]

Annotations

Amendments:

F26
Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 5, S.I. No. 504 of 2015.

Editorial Notes:

E15
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 2B
F27[No impediment where subsisting civil partnership with each other

2B. There is not an impediment to a marriage by virtue of both of the parties to the intended marriage being parties to a subsisting civil partnership with each other.]

Annotations

Amendments:

F27
Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 6, S.I. No. 504 of 2015.

Editorial Notes:

E16
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 3
Regulations.

3.—(1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act,

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed,

(2) If in any respect any difficulty arises during the period of two years from the commencement of this section in bringing this Act into operation, the Minister may, by regulations made by him or her, do anything which appears to be necessary or expedient for bringing this Act into operation.

(3) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.

(4) A regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

E17
Power pursuant to section exercised (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), in effect as per reg. 2.

E18
Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Abridged Certificate) Regulations 2015 (S.I. No. 378 of 2015), in effect as per reg. 2.

E19
Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015), in effect as per reg. 2.

E20
Power pursuant to section exercised (11.08.2014) by Civil Registration (Certified Extract of Register of Deaths) Regulations 2014 (S.I. No. 371 of 2014), in effect as per reg. 2.

E21
Power pursuant to section exercised (1.01.2011) by Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010), in effect as per reg. 1(2).

E22
Power pursuant to section exercised (1.01.2011) by Civil Registration (Civil Partnership Registration Form) Regulations 2010 (S.I. No. 671 of 2010), in effect as per reg. 1(2).

E23
Power pursuant to section exercised (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), in effect as per reg. 1(2).

E24
Power pursuant to section exercised (1.01.2011) by Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010 (S.I. No. 668 of 2010), in effect as per reg. 1(2).

E25
Power pursuant to section exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), in effect as per reg. 1(2).

E26
Power pursuant to section exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010 (S.I. No. 666 of 2010), in effect as per reg. 1(2).

E27
Power pursuant to section exercised (5.11.2007) by Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007), in effect as per reg. 1(2).

E28
Power pursuant to section exercised (5.11.2007) by Register of Solemnisers (Correction of Errors) Regulations 2007 (S.I. No. 741 of 2007), in effect as per reg. 1(2).

E29
Power pursuant to section exercised (5.11.2007) by Civil Registration (Fees and Allowances) Regulations 2007 (S.I. No. 740 of 2007), in effect as per reg. 1(2).

E30
Power pursuant to section exercised (5.12.2005) by Civil Registration (Short Birth Certificate Regulations 2005 (S.I. No. 771 of 2005), in effect as per reg. 2.

E31
Power pursuant to section exercised (5.12.2005) by Civil Registration (Reduced Fees Regulations 2005 (S.I. No. 766 of 2005), in effect as per reg. 2.

E32
Previous affecting provision: power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2; revoked (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), reg. 11, in effect as per reg. 2.

E33
Previous affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.

E34
Previous affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.

E35
Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

E36
Previous affecting provision: power pursuant to section exercised (1.01.2011) by Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(c), in effect as per reg. 2.

E37
Previous affecting provision: power pursuant to section exercised (5.11.2007) by Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 (S.I. No. 744 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), reg. 6, in effect as per reg. 1(2).

E38
Previous affecting provision: power pursuant to section exercised (5.11.2007) by Register of Marriages (Correction of Errors) Regulations 2007 (S.I. No. 739 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010 (S.I. No. 672 of 2010), reg. 7, in effect as per reg. 1(2).

E39
Previous affecting provision: power pursuant to section exercised (5.11.2007) by Marriage Registration Form Regulations 2007 (S.I. No. 738 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), reg. 3, in effect as per reg. 1(2).

E40
Previous affecting provision: power pursuant to section exercised (5.11.2007) by Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(b), in effect as per reg. 2.

E41
Previous affecting provision: power pursuant to section exercised (5.12.2005) by Civil Registration (Births and Deaths) (Fees) Regulations 2005 (S.I. No. 769 of 2005), in effect as per reg. 2; revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(a), in effect as per reg. 2.

E42
Previous affecting provision: power pursuant to section exercised (5.12.2005) by Civil Registration (Fees and Allowances) Regulations 2005 (S.I. No. 768 of 2005), in effect as per reg. 2; revoked (5.11.2007) by Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007), reg. 2, in effect as per reg. 1(2).

Section 4
Repeals.

4.—The enactments specified in the Second Schedule are repealed to the extent specified in column 3 of that Schedule.

Section 5
Transitional provisions.

5.—(1) In so far as any order, regulation, rule, agreement, application, decision or reference or order of a court made, approval, consent, notification, notice or direction given or served, requirement imposed, certificate, form or other instrument issued or given, register or index maintained, resolution passed, particulars given, application made or other thing done under an enactment repealed by section 4 could have been made, given, imposed, issued, maintained, passed, served or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by section 4 but, except in so far as this Act otherwise provides, shall have effect as if made, given, imposed, issued, maintained, passed, served or done under that corresponding provision.

(2) Where any document refers to an enactment repealed by this Act and provision is made by this Act corresponding to that enactment, then, unless the context otherwise requires, that reference shall be construed as or, as the case may be, as including a reference to the corresponding provision of this Act.

(3) Nothing in this Act affects the validity of a marriage duly solemnised before the commencement of Part 6.

Section 6
Expenses of Minister and Minister for Finance.

6.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of monies provided by the Oireachtas.

PART 2

Administration

Section 7

Ard-Chláraitheoir.

7.—(1) The office of an tArd-Chláraitheoir provided for by section 4 of the Act of 1863 shall continue in existence after the commencement of this section notwithstanding the repeals effected by this Act, but the office shall be known as an tArd-Chláraitheoir an tSeirbhís um Chlárú Sibhialta and the person holding the office shall be known as an tArd-Chláraitheoir and is referred to in this Act as an tArd-Chláraitheoir.

(2) An tArd-Chláraitheoir shall be a person appointed to that office by the Minister from among his or her officers.

(3) An tArd-Chláraitheoir shall be a civil servant.

(4) A person appointed to be an tArd-Chláraitheoir shall hold office for a period of F28[3] years but the Minister may, if he or she thinks fit, continue the appointment (including an appointment previously continued under this subsection) for such further period not exceeding F28[3] years as he or she considers appropriate.

(5) A person appointed to be an tArd-Chláraitheoir shall, subject to subsection (4), hold office on such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance at the time of the appointment.

F29[(5A) A person appointed to be an tArd-Chláraitheoir may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter.]

(6) (a) The Minister may remove an tArd-Chláraitheoir from office at any time if, in the opinion of the Minister, an tArd-Chláraitheoir is incapable by reason of ill-health of performing his or her functions, or has committed stated misbehaviour or his or her removal from office appears to the Minister to be necessary for the effective performance of the functions of the office.

(b) If an tArd-Chláraitheoir is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

(7) The person who immediately before the commencement of this section held the offices of an tArd-Chláraitheoir shall upon such commencement, be deemed to have been appointed under this section to be an tArd-Chláraitheoir upon terms and conditions equivalent to those upon which he or she held those offices and subsections (4) and (5) do not apply to that person.

(8) The functions of the office of an tArd-Chláraitheoir (being the office provided for by section 52 of the Act of 1844) are transferred to and shall be performed by an tArd-Chláraitheoir.

(9) References in any statute or any instrument made under any statute passed or made before the commencement of this section, or in any other document in existence immediately before such commencement, to the office of an tArd-Chláraitheoir provided for by section 52 of the Act of 1844 shall, upon such commencement, be construed as references to an tArd-Chláraitheoir.

Annotations

Amendments:

F28
Substituted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 29(a), S.I. No. 655 of 2018.

F29
Inserted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 29(b), S.I. No. 655 of 2018.

Section 8

Functions of Ard-Chláraitheoir.

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, F30[…] 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 F31[of marriage], wherever granted in the State,

F32[(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 F33[of marriage],

F34[(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,]

F35[(eeee) to establish and maintain a register and index for the purpose of the registration of gender recognition,]

F36[(eeeee) to establish and maintain a register and index for the purpose of the registration of presumed deaths,]

F37[(eeeeee) to establish and maintain a register and index for the purpose of the registration of the particulars to which section 30I applies,]

(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:

F30
Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(b)(i), S.I. No. 511 of 2010.

F31
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.

F32
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.

F33
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.

F34
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.

F35
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 25, S.I. No. 369 of 2015.

F36
Inserted (1.11.2019) by Civil Law (Presumption of Death) Act 2019 (23/2019), s. 13, S.I. No. 579 of 2019.

F37
Inserted (3.10.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 58(a), S.I. No. 496 of 2022.

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.

Section 8A
F42[

Performance of functions of registrar and Superintendent Registrar by staff of Ard-Chláraitheoir in certain exceptional circumstances

8A. (1) A Superintendent Registrar of a registration area may make a request in writing to an tArd-Chláraitheoir (in this section referred to as a “request”) that an tArd-Chláraitheoir issue a direction (in this section referred to as a “direction”) that the relevant functions of registrars and Superintendent Registrars in the registration area to which the request relates are to be performed in accordance with this section.

(2) Where an tArd-Chláraitheoir receives a request under subsection (1), he or she shall issue a direction in relation to a registration area where he or she is satisfied that—

(a) it is appropriate to do so in the circumstances, and

(b) it is necessary to do so in order to prevent, limit, minimise or slow the spread of infection of Covid-19.

(3) Where an tArd-Chláraitheoir issues a direction in relation to a registration area—

(a) any relevant functions of a registrar or Superintendent Registrar of the registration area to which the direction relates shall be performed by such members of staff of an tArd-Chláraitheoir as an tArd-Chláraitheoir may specify, and

(b) a reference in a relevant provision—

(i) to a registrar or to a Superintendent Registrar shall be read as a reference to a member of staff of an tArd-Chláraitheoir specified under paragraph (a), and

(ii) to an tArd-Chláraitheoir shall, notwithstanding section 8(6), be read as a reference to an tArd-Chláraitheoir.

(4) A direction shall specify—

(a) the day on which it comes into effect, and

(b) the day on which it shall cease to have effect,

and, subject to subsection (5), the direction shall cease to have effect in relation to the registration area on the latter date.

(5) Notwithstanding the date on which a direction is specified to cease to have effect under subsection (4), a direction shall cease to have effect upon the earlier of—

(a) such date as may be specified by an tArd-Chláraitheoir in a written notice to the Superintendent Registrar of the registration area to which the direction relates, or

(b) the date on which this section ceases to be in operation in accordance with subsections (6) or (7), as the case may be.

(6) This section shall, subject to subsections (7) and (8), continue in operation until 31 May 2020.

(7) The Government—

(a) at the request of the Minister for Employment Affairs and Social Protection,

(b) after consultation with any other Minister of the Government as he or she considers appropriate having regard to the functions of that Minister of the Government, and

may, from time to time, by order declare that the period of time specified in subsection (6) shall continue in operation for such period or periods as may be specified in the order concerned.

(8) An order under subsection (7) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(9) When making an order under subsection (7), the Government shall have regard to the following:

(a) the nature and potential impact of Covid-19 on individuals, society and the State;

(b) the capacity of the State to respond to the risk to public health posed by the spread of Covid-19;

(d) the need to ensure the most beneficial, effective and efficient use of resources;

(e) the need to ensure the continuity of a well-functioning registration service.

(10) In this section—

“Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

“relevant function” means a function of a registrar or a Superintendent Registrar under a relevant provision;

“relevant provision” means Part 3 or Part 5.]

Annotations

Amendments:

F42
Inserted (13.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 31, commenced as per s. 1(2)(d).

Editorial Notes:

E43
Power pursuant to subs. (7) exercised (26.01.2021) by Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) Order 2021 (S.I. No. 28 of 2021). The period specified in subs. (6) is extended to 30 September 2021.

E44
Power pursuant to subs. (7) exercised (4.09.2020) by Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) (No. 2) Order 2020 (S.I. No. 328 of 2020). The period specified in subs. (6) is extended to 31 January 2020.

E45
Power pursuant to subs. (7) exercised (29. 05.2020) by Civil Registration Act 2004 (Continuation of Sections 8A, 19B and 37A) (Covid-19) Order 2020 (S.I. No. 194 of 2020). The period specified in subs. (6) is extended to 31 August 2020.

E46
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 9

Ard-Chláraitheoir Cúnta.

9.—(1) There shall stand established the office of an tArd-Chláraitheoir Cúnta an tSeirbhís um Chlárú Sibhialta and the person holding the office is referred to in this Act as an tArd-Chláraitheoir Cúnta.

(2) An tArd-Chláraitheoir Cúnta shall be a person appointed to that office by the Minister from among his or her officers.

(3) An tArd-Chláraitheoir Cúnta shall be a civil servant.

(4) Subject to subsection (5), an tArd-Chláraitheoir Cúnta shall have and may perform such functions as may be determined by the Minister from time to time and shall be subject to the general control and supervision of an tArd-Chláraitheoir.

(5) During a period of absence or incapacity of an tArd-Chláraitheoir or when there is a vacancy in that office, an tArd-Chláraitheoir Cúnta shall have and may perform all the functions of an tArd-Chláraitheoir.

(6) A person appointed to be an tArd-Chláraitheoir Cúnta shall hold office for a period of F43[3] years but the Minister may, if he or she thinks fit, continue the appointment (including an appointment previously continued under this section) for such further period not exceeding F43[3] years as he or she considers appropriate.

(7) A person appointed to be an tArd-Chláraitheoir Cúnta shall, subject to subsections (6) and (9), hold office on such terms and conditions as may be determined by the Minister after consultation with the Minister for Finance at the time of the appointment.

F44[(7A) A person appointed to be an tArd-Chláraitheoir Cúnta may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter.]

(8) (a) The Minister may remove an tArd-Chláraitheoir Cúnta from office at any time if, in the opinion of the Minister, an tArd-Chláraitheoir Cúnta is incapable by reason of ill-health of performing his or her functions or has committed stated misbehaviour or his or her removal from office appears to the Minister to be necessary for the effective performance of the functions of the office.

(b) If an tArd-Chláraitheoir Cúnta is removed from office under this subsection, the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

(9) If, immediately before the commencement of this section, a person stands appointed under section 10 of the Act of 1863 as assistant to an tArd-Chláraitheoir, he or she shall upon, such commencement, stand appointed to the office of an tArd-Chláraitheoir Cúnta and shall hold that office upon terms and conditions equivalent to those upon which he or she held the office of such assistant and subsections (6) and (7) shall not apply to him or her.

Annotations

Amendments:

F43
Substituted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 30(a), S.I. No. 655 of 2018.

F44
Inserted (31.12.2018) by Social Welfare, Pensions and Civil Registration Act 2018 (37/2018), s. 30(b), S.I. No. 655 of 2018.

Section 10

Staff of Ard-Chláraitheoir.

10.—(1) The Minister, after consultation with an tArd-Chláraitheoir and with the consent of the Minister for Finance, may appoint, upon and subject to such terms and conditions as the Minister may determine, after the consultation and with the consent aforesaid, at the time of the appointment, such and so many officers of the Minister to be members of the staff of an tArd-Chláraitheoir as he or she considers necessary, and persons so appointed shall continue to be civil servants.

(2) Persons who were members of the staff of an tArd-Chláraitheoir who is referred to in section 52 of the Act of 1844 or section 4 of the Act of 1863 immediately before the commencement of this section shall, upon such commencement, become and be members of the staff of an tArd-Chláraitheoir upon terms and conditions equivalent to those that applied to their employment immediately before such commencement and shall continue to be civil servants.

Section 11

Annual report.

11.—(1) An tArd-Chláraitheoir shall, not later than 30 June in each year, beginning with the year 2005, prepare a report in writing (in this section referred to as “the report”) on the operation of this Act in the preceding year and shall furnish a copy of it to the Minister.

(2) The report shall, if the Minister so directs, include information in such form and regarding such matters as he or she may specify.

(3) The Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(4) An tArd-Chláraitheoir may prepare such other reports (if any) in writing in relation to matters concerning the Civil Registration Service as the Minister may request or an tArd-Chláraitheoir considers appropriate and furnish copies of them to the Minister.

Section 12

Oifig an Ard-Chláraitheora.

12.—(1) The office entitled Oifig an Ard-Chláraitheora provided under section 4 of the Act of 1863 shall continue in existence notwithstanding the repeals effected by this Act.

(2) Registers and indexes maintained by an tArd-Chláraitheoir under this Act shall be kept in Oifig an Ard-Chláraitheora or in such other place as an tArd-Chláraitheoir may direct with the approval of the Minister.

(3) An tArd-Chláraitheoir shall, as soon as may be, arrange for the provision of a seal for Oifig an Ard-Chláraitheora which shall be authenticated by the signature of an tArd-Chláraitheoir or a member of his or her staff duly authorised in that behalf by an tArd-Chláraitheoir.

(4) The seal of Oifig an Ard-Chláraitheora shall be judicially noticed and every instrument purporting to be made by Oifig an Ard-Chláraitheora and to be sealed with its seal (purporting to be authenticated in accordance with subsection (3)) shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.

(5) The functions of the Office entitled Oifig an Ard-Chláraitheora provided under section 52 of the Act of 1844 are transferred to and may be performed by Oifig an Ard-Chláraitheora.

(6) References in any statute or any instrument made under statute passed or made before the commencement of this section or in any document in existence immediately before such commencement to Oifig an Ard-Chláraitheora referred to in subsection (5) shall be construed as references to Oifig an Ard-Chláraitheora.

Section 13

Registers.

13.—(1) There shall be established, where appropriate, and maintained by an tArd-Chláraitheoir—

(a) a register of all births occurring in the State or to which section 26 or 27 applies (which shall be known, and is referred to in this Act, as the register of births),

(b) a register of all stillbirths occurring in the State (which shall be known, and is referred to in this Act, as the register of stillbirths),

(d) a register of all deaths occurring in the State or to which section 38 or 39 applies (which shall be known, and is referred to in this Act as the register of deaths),

(e) a register of all marriages taking place in the State (which shall be known, and is referred to in this Act, as the register of marriages),

(f) a register of all decrees of divorce (which shall be known, and is referred to in this Act, as the register of F46[decrees of divorce),]

F47[(g) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage),

(h) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships),

(i) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of F48[dissolution),]

(j) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of F49[decrees of nullity of civil partnerships),]]

F50[(k) a register of gender recognition (which shall be known, and is referred to in this Act, as the F49[the register of gender recognition),]]

F51[(l) a register of all presumed deaths where a presumption of death order has been made under section 5 of the Act of 2019 (which shall be known, and is referred to in this Act as F49[the register of presumed deaths), and]]

F52[(m) a register of particulars to which section 30I applies (which shall be known as the register under Part 3B of the Civil Registration Act 2004 , and is referred to in this Act as the register under Part 3B).]

(2) A register formerly maintained under the repealed enactments shall be deemed, for the purposes of subsection (1) and the other provisions of this Act, to be part of the appropriate register.

(3) A register may be maintained in any legible form or in any other form that is capable of being converted into a legible form and of being used to make a legible copy or reproduction of an entry in the register.

(4) Evidence of an entry in a register F53[, other than the register of gender recognition,] and of the facts stated therein may be given by the production of a document purporting to be a legible copy of the entry and to be certified to be a true copy by an tArd-Chláraitheoir, a person authorised in that behalf by an tArd-Chláraitheoir, a Superintendent Registrar, an authorised officer or a registrar.

(5) F45[…]

(6) An tArd-Chláraitheoir may give a direction in writing to a registrar (within the meaning of section 17) or other person who holds a marriage register book provided under the repealed enactments to deliver the book or a copy of it to an authority specified in the direction not later than 28 days from the date of the direction.

(7) In subsections (2) to (4), “register” means a register maintained under subsection (1).

Annotations

Amendments:

F45
Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(c), S.I. No. 511 of 2010.

F46
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 9(a), S.I. No. 648 of 2010.

F47
Substituted and inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 9(b), S.I. No. 648 of 2010.

F48
Substituted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 26(a)(i), S.I. No. 369 of 2015.

F49
Substituted (3.10.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 58(b)(i), (ii), (iii), S.I. No. 496 of 2022.

F50
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 26(a)(iii), S.I. No. 369 of 2015.

F51
Inserted (1.11.2019) by Civil Law (Presumption of Death) Act 2019 (23/2019), s. 14, S.I. No. 579 of 2019.

F52
Inserted (3.10.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 58(b)(iv), S.I. No. 496 of 2022.

F53
Inserted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 26(b), S.I. No. 369 of 2015.

Editorial Notes:

E47
Previous affecting provision: subs. (1)(j) amended (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 26(a)(ii), S.I. No. 369 of 2015.

Section 14

Schemes.

14.—F54[(1) As soon as may be after the appointment of the first Superintendent Registrar of a registration area, he or she shall prepare a scheme in writing for the administration of the Civil Registration Service in that area and shall, after it has been approved by the Executive, submit the scheme to the Minister.]

(2) When a scheme or a scheme under subsection (3) is submitted to the Minister, he or she may, after consultation with an tArd-Chláraitheoir, approve of it or refuse to approve of it or request the Superintendent Registrar concerned to make specified amendments, or amendments in relation to specified matters, to the scheme and then re-submit the amended scheme to the Minister for his or her approval.

(3) (a) A scheme may be amended or revoked by a scheme under this subsection prepared by the Superintendent Registrar F54[of the registration area concerned].

(b) A scheme under this subsection shall, after it has been approved by F54[the Executive], be submitted to the Minister.

(4) A scheme or a scheme under subsection (3) shall be subject to the approval of F54[the Executive].

(5) A scheme may contain such incidental, supplementary and consequential provisions as appear to F54[the Executive] to be necessary or expedient for the purposes of the scheme.

(6) The Minister may, in consultation with an tArd-Chláraitheoir and F54[the Executive], review the operation of a scheme that has been approved by the Minister or a scheme under subsection (3) that has been so approved (except in so far as it revokes another scheme) and may, having regard to the results of the review and after the consultation aforesaid, request the Superintendent Registrar concerned to make specified amendments, or amendments in relation to specified matters, to the scheme or to revoke it and prepare another scheme.

F54[(7) Without prejudice to the generality of subsection (1), a scheme shall specify in relation to a registration area—

(a) the number of registrars required for the purpose of the performance of the Executive’s functions within that area,

(b) the number of other employees required for that purpose,

(d) the proposed functions of, and distribution of functions between, the registrars and employees assigned pursuant to the scheme,

(e) particulars of the proposed conditions of employment of the registrars and employees assigned pursuant to the scheme, and

(f) particulars or provisions in relation to any other matter standing specified for the time being by the Minister.]

(8) When a scheme or a scheme under subsection (3) is approved by the Minister, it shall have effect in accordance with its terms and the functions of F54[the Executive in relation to the registration area concerned] shall be performed in accordance with any relevant provisions of the scheme or the scheme under subsection (3).

(9) A scheme or a scheme under subsection (3) shall come into operation on such day or days as may be specified in it either generally or with reference to any particular purpose or provision and different days may be so specified for different purposes or different provisions.

(10) In this section “registrar” means a registrar within the meaning of section 17.

Annotations

Amendments:

F54
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 2, S.I. No. 887 of 2004.

Section 15

Local registration authorities.

15.—F55[(1) Each functional area of the Health Service Executive shall, subject to subsection (2A), be a registration area for the purposes of this Act.

(2) After consulting with an tArd Chláraitheoir, the Executive shall assign a name to each registration area.

(2A) The Executive may, with the consent of an tArd Chláraitheoir, redefine for the purposes of this Act the boundaries of any of its functional areas, and, if it does so, that functional area as redefined shall be a registration area for those purposes.]

F56[(3) Under the overall management, control and supervision of an tArd Chláraitheoir, the Executive shall, in accordance with the provisions of the relevant scheme, manage, control and administer, through the Superintendent Registrar of each registration area, the Civil Registration Service in that area and perform in the area the other functions conferred on it by or under this Act.]

(4) An tArd-Chláraitheoir may give a direction in writing to F56[the Executive] in relation to F57[…] management, control and administration, of the Civil Registration Service in F56[a registration area], and F56[the Executive] shall comply with a direction given to it under this subsection.

F56[(5) The Executive shall, in each year beginning with the year 2005, prepare an estimate in writing of its income and expenditure in the next following year in respect of each registration area and shall submit a copy of it to an tArd Chláraitheoir.]

Annotations

Amendments:

F55
Substituted and inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 3, S.I. No. 887 of 2004.

F56
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 3, S.I. No. 887 of 2004.

F57
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 3, S.I. No. 887 of 2004.

Section 16
Financial provisions relating to authorities.

16.—(1) F58[…]

(2) F59[Accounts of the Executive relating to each scheme] shall be audited by the Comptroller and Auditor General.

(3) F58[…]

Annotations

Amendments:

F58
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 4(a), (c), S.I. No. 887 of 2004.

F59
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 4(b), S.I. No. 887 of 2004.

Section 17

Staff of authorities.

17.—F60[(1) Subject to the provisions of this section, the Executive, after consulting with an tArd Chláraitheoir, 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, F61[deaths, marriages and civil partnerships] and assign them to each registration area, and

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 F60[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 F60[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 F60[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).

F60[(6) A Superintendent Registrar of a registration area may give a direction to a registrar or authorised officer assigned to that area.]

F62[(6A) A Superintendent Registrar of a registration area, with the consent of the Executive given following consultation with an tArd-Chláraitheoir, 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 F60[the Executive] at the time of the appointment.

F60[(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) F60[(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 F61[, marriages and civil partnerships] appointed under this section.

Annotations

Amendments:

F60
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.

F61
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.

F62
Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 4, S.I. No. 357 of 2015.

General

Section 60

Appeals.

60.—(1) Where—

(a) a registrar fails or refuses to register in the appropriate register specified in section 13 a birth, stillbirth, F219[death, marriage or civil partnership] or to enter in such a register one or more of the particulars required by this Act to be so entered, and furnished to him or her by a person pursuant to this Act, or

(b) an tArd-Chláraitheoir or an authorised officer fails or refuses to comply with a request of a person under section 63,

the registrar, an tArd-Chláraitheoir or the authorised officer, as the case may be, shall notify the qualified informant (within the meaning of Part 3 or 5, as may be appropriate) concerned, the parties to the marriage F220[, the parties to the civil partnership] or the person in writing of the reasons for the failure or refusal.

(2) If a person (“the appellant”) affected by a failure or refusal by a person under subsection (1) is dissatisfied with it, he or she may appeal against it by lodging a notice of appeal in writing in a form standing approved by an tArd-Chláraitheoir or in a form to the like effect with F221[the Executive], not later than 28 days from the date of his or her receipt of the notification under subsection (1), and the appeal shall be referred F221[by the Executive to such employee of the Executive] (not being the person in relation to whom the appeal is brought) F221[as the Executive] may determine (“the appeals officer”), and the appeals officer shall determine the appeal.

(3) If an appellant is dissatisfied with the decision of an appeals officer under subsection (2), he or she may appeal against it by lodging a notice of appeal in writing in the form standing approved by an tArd-Chláraitheoir or a form to the like effect with an tArd-Chláraitheoir not more than 28 days after his or her receipt of the decision and an tArd-Chláraitheoir shall determine the appeal and, subject to subsections (6) to (8), the decision shall be final.

(4) The Minister may by regulations make provision in relation to notices of appeal under this section and the procedure to be followed on appeals under this section.

(5) In relation to an appeal under this section, the appeals officer concerned or an tArd-Chláraitheoir, as the case may be—

(a) shall notify the parties concerned in writing of his or her decision in relation to the appeal and of the reasons therefor, and

(b) may give such directions in relation to the registration or correction concerned to the registrar or authorised officer concerned as he or she considers appropriate, and any such direction shall be complied with by the person to whom it is given.

(6) An appeals officer (“the officer”) may revise a decision of another appeals officer under this section if it appears to the officer that the decision was erroneous having regard to evidence first given to the officer, or a fact first made known to the officer, since the date of the decision.

(7) An tArd-Chláraitheoir may revise a decision (including a revised decision under this subsection) of an tArd-Chláraitheoir or an appeals officer if it appears to him or her that the decision was erroneous by reason of a mistake of law or fact.

(8) A person who is dissatisfied with a decision (including a revised decision) of an tArd-Chláraitheoir may appeal against it to the High Court.

(9) A revision under subsection (6) by an appeals officer shall be deemed, for the purpose of subsections (2) to (5) and (7) of this section, to be a decision under subsection (2), and those subsections shall apply and have effect accordingly, with any necessary modifications, in relation to the revision.

(10) A decision or a revision under this section—

(a) shall be in writing and be signed by the person by whom it is made, and

(b) shall, subject to any appeal under this section, have effect in accordance with its terms.

(11) A document purporting to be a decision or a revision of an tArd-Chláraitheoir or an appeals officer shall be deemed to be such a decision or revision and to have been signed by the person purporting to have signed it unless the contrary is shown and shall be prima facie evidence of the decision or revision and it shall not be necessary to prove that that person was an tArd-Chláraitheoir or, as the case may be, an appeals officer.

Annotations

Amendments:

F219
Substituted (1.11.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 18(a), S.I. No. 648 of 2010.

F220
Inserted (1.11.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 18(b), S.I. No. 648 of 2010.

F221
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 23, S.I. No. 887 of 2004.

Section 61

Searches.

61.—(1) Subject to subsections (3) and (4), a person, following an application in writing, in a form standing approved by an tArd-Chláraitheoir or a form to the like effect, in that behalf to an tArd-Chláraitheoir, a Superintendent Registrar, a registrar or an authorised officer and—

(a) on payment to him or her of the prescribed fee, may, subject to such conditions (if any) as may stand determined by an tArd-Chláraitheoir, search an index to a register maintained under section 13,

(b) on payment to him or her of the prescribed fee, be given by him or her—

(i) a copy, certified by him or her to be a true copy, F222[…]

(ii) a copy, F223[or]

F223[(iii) a certified extract,]

of an entry specified by the person in such a register.

F227[(1A) Where the age, civil status or death of a person is required to be proved by or under an enactment prescribed under section 67(1A), a person—

(a) on production by him or her of verification of the requirement for proof, as part of an application in that behalf under subsection (1), and

(b) on payment by him or her of a fee prescribed under section 67(1A),

shall be given a copy certified to be a true copy, a copy, or a certified extract of an entry in a register maintained under section 13.]

(2) Subject to subsections (3) and (4), an tArd-Chláraitheoir, a Superintendent Registrar, a registrar or an authorised officer shall, on application by a person to him or her in that behalf in writing and—

(a) on payment to him or her of the prescribed fee, search such of the registers maintained under section 13, and the indexes thereto, as are specified in the application, or

(b) on payment to him or her of the prescribed fee, give the person—

(i) a copy, certified by him or her to be a true copy, F222[…]

(ii) a copy, F223[or]

F223[(iii) a certified extract,]

of an entry specified by the person in any such register.

F224[(2A) Subject to subsections (3) and (4), the Minister for Culture, Heritage and the Gaeltacht or a relevant body shall, on application in that behalf by a person to that Minister, or the relevant body, in electronic form and on payment to that Minister or that relevant body of any prescribed fee, consent to a search by that person of the electronic record of—

(a) the register maintained under section 13(1)(a), in so far as it relates to births that occurred more than 100 years before the date of the application to search,

(b) the register maintained under section 13(1)(d), in so far as it relates to deaths that occurred more than 50 years before the date of the application to search, or

(c) the register maintained under section 13(1)(e), in so far as it relates to marriages that occurred more than 75 years before the date of the application to search.

(2B) For the purposes of subsection (2A), the Minister for Culture, Heritage and the Gaeltacht, or a relevant body, may keep a record, including an electronic record, of the registers referred to at paragraphs (a), (b) and (c) of subsection (2A).]

F225[(2C) The Minister for Culture, Heritage and the Gaeltacht may by order designate a body, in connection with which functions are performable by him or her, to be a relevant body for the purposes of this section.]

F226[(3) This section does not apply to the register of F228[stillbirths, gender recognition or to the register under Part 3B or an index to any of those registers] or an index kept under—

(a) section 22(5) of the Adoption Act 1952, or

(b) section 86 of the Adoption Act 2010.]

(4) A copy of an entry referred to in subsection (1) (b) F229[, (1A)] or (2) (b) shall omit any reference to or particulars of a personal public service number and “true copy” in those provisions shall be construed accordingly.

F223[(5) The Minister may make regulations specifying particulars to be included in a certified extract referred to in subsection (1) or (2).]

F224[(6) The Minister for Culture, Heritage and the Gaeltacht, or a relevant body, in addition to an tArd-Chláraitheoir, an tArd-Chláraitheoir Cúnta, a Superintendent Registrar, a registrar or an authorised officer, may perform functions referred to in subsection (1)(a) in so far as the functions relate to the search of a record of an index to a register maintained under section 13 and for that purpose that Minister, or that body, may keep such a record, including in electronic form, of such an index.]

F225[(7) In this section, and section 67, ‘relevant body’ means a body that for the time being stands designated under subsection (2C).]

Annotations

Amendments:

F222
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 24, S.I. No. 887 of 2004.

F223
Inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 24, S.I. No. 887 of 2004.

F224
Substituted (23.05.2019) by Civil Registration Act 2019 (13/2019), s. 8(a), (b), (d), commenced on enactment.

F225
Inserted (23.05.2019) by Civil Registration Act 2019 (13/2019), s. 8(c), (e), commenced on enactment.

F226
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(d), S.I. No. 511 of 2010.

F227
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(a), S.I. No. 550 of 2020.

F228
Substituted (3.10.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 58(c), S.I. No. 496 of 2022.

F229
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(c), S.I. No. 550 of 2020.

Editorial Notes:

E103
Power pursuant to section exercised (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), in effect as per reg. 2.

E104
Power pursuant to section exercised (11.08.2014) by Civil Registration (Certified Extract of Register of Deaths) Regulations 2014 (S.I. No. 371 of 2014), in effect as per reg. 2.

E105
Power pursuant to section exercised (5.12.2005) by Civil Registration (Short Birth Certificate Regulations 2005 (S.I. No. 771 of 2005), in effect as per reg. 2.

E106
Previous affecting provision: subs. (3) amended (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 28, S.I. No. 369 of 2015.

E107
Previous affecting provision: power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2; revoked (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), reg. 11, in effect as per reg. 2.

E108
Previous affecting provision: subss. (2A), (2B), (8) inserted (11.07.2016) by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(b), (c), S.I. No. 359 of 2016; substituted as per F-note above.

E109
Previous affecting provision: subs. (6) substituted (11.07.2016) by Civil Registration (Amendment) Act 2014 (34/2014), s. 27(d), S.I. No. 359 of 2016; substituted as per F-note above.

E110
Previous affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.

E111
Previous affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.

E112
Previous affecting provision: subs. (6) inserted (28.06.2013) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 20, commenced on enactment; substituted as per E-note above.

E113
Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

E114
Previous affecting provision: power pursuant to section exercised (1.01.2011) by Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(c), in effect as per reg. 2.

E115
Previous affecting provision: power pursuant to section exercised (5.11.2007) by Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(b), in effect as per reg. 2.

Section 62

Search of register of stillbirths.

62.—(1) No person other than an tArd-Chláraitheoir or a member of his or her staff authorised by him or her in that behalf may search the register of stillbirths.

(2) A person (“the applicant”) shall, on application in writing in that behalf to an tArd-Chláraitheoir, be given by him or her, or a member of his or her staff authorised by him or her in that behalf, a copy of an entry specified by the applicant in the register of stillbirths certified by the person giving it to be a true copy—

(a) if—

(i) the applicant is the father or mother of the child concerned and furnishes the required particulars relating to the stillbirth to a registrar and makes the application at the same time,

(ii) the applicant shows to the satisfaction of an tArd-Chláraitheoir or a member of his or her staff authorised in that behalf by an tArd-Chláraitheoir that he or she is the father or mother of the child, or

(iii) in his or her discretion, an tArd-Chláraitheoir, so determines,

and

(b) if the applicant pays the prescribed fee to an tArd-Chláraitheoir.

Annotations

Editorial Notes:

E116
Power pursuant to section exercised (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), in effect as per reg. 2.

E117
Previous affecting provision: power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2; revoked (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), reg. 11, in effect as per reg. 2.

E118
Previous affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.

E119
Previous affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.

E120
Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

Section 63

Correction of errors at request of persons having an interest.

63.—(1) An alteration shall not be made in a register maintained under paragraph (a), F230[(b), (d) or (k)] of section 13(1) otherwise than in accordance with the provisions of this Act.

(2) On the application in that behalf of a person having an interest in the matter to a Superintendent Registrar in writing, he or she may—

(a) correct in the manner specified by an tArd-Chláraitheoir a clerical error in any register maintained under section 13, or

(b) correct an error of fact in a register specified in the said paragraph (a) or (d) if the person gives to the Superintendent Registrar such evidence as he or she considers to be adequate and a statutory declaration, in a form standing approved by an tArd-Chláraitheoir, of the facts concerned made by—

(i) a person required by this Act to give to the registrar the required particulars in relation to the birth, or death, concerned, or

(ii) if such a person as aforesaid cannot be found, two credible persons having knowledge of the facts concerned.

(3) Where an error of fact (other than one relating to the cause of death) occurs in the record signed by a coroner of the verdict returned at an inquest held by him or her and the coroner or his or her successor is satisfied by evidence on oath given orally or by statutory declaration of the existence of the error—

(a) he or she may give a certificate to a Superintendent Registrar stating the nature of the error and the relevant facts, and

(b) the officer shall, in such form as an tArd-Chláraitheoir may direct, correct the appropriate entry in the register of deaths and the original entry shall be retained in the register.

(4) On the application in that behalf by a person having an interest in the matter to an tArd-Chláraitheoir in writing a correction or addition to an entry in the register of stillbirths may, if an tArd-Chláraitheoir so directs, be made by but only by a person authorised in that behalf by him or her.

Annotations

Amendments:

F230
Substituted (4.09.2015) by Gender Recognition Act 2015 (25/2015), s. 29, S.I. No. 369 of 2015.

Section 64

Corrections or cancellations of entries at request of Ard-Chláraitheoir or a registrar.

64.—(1) Where a registrar is satisfied that an entry made by him or her or another registrar in the register of births or the register of deaths contains an error of fact, he or she shall notify the Superintendent Registrar F231[of the registration area to which the registrar is assigned] of the error.

(2) When a Superintendent Registrar of F231[any registration area] receives a notification under subsection (1), the Superintendent Registrar or a registrar F231[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.

(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, F233[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.

F234[(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 the registrar, an tArd-Chláraitheoir—

(i) may direct a registrar to cancel the entry and retain the entry so cancelled in the register of births, stillbirths or deaths, and

(ii) where he or she is satisfied that it is appropriate, may 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 the direction 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)) 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) to the registrar by a person other than a person referred to in paragraph (a) or (b) of subsection (1) of section 28, or

(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, F235[…]

F237[(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.

F232[(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) F238[of that section),]

(b) a civil partnership to which there was F239[an impediment within the meaning of section 2(2A); and]

F240[(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:

F231
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.

F232
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.

F233
Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(a), S.I. No. 550 of 2020.

F234
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(b), S.I. No. 550 of 2020.

F235
Deleted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(i), S.I. No. 550 of 2020.

F236
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(ii), S.I. No. 550 of 2020.

F237
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(c)(iii), S.I. No. 550 of 2020.

F238
Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(i), S.I. No. 550 of 2020.

F239
Substituted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(ii), S.I. No. 550 of 2020.

F240
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 28(d)(iii), S.I. No. 550 of 2020.

Section 65

Enquiries by ArdChláraitheoir.

65.—(1) An tArd-Chláraitheoir may conduct or cause to be conducted such enquiries as he or she considers necessary to ascertain—

(a) whether a birth, stillbirth, F241[death, marriage or civil partnership] required to be registered under this Act or the repealed enactments in the register maintained under paragraph (a), (b), (d) or (e), as may be appropriate, of section 13(1) has occurred and if it has—

(i) whether it has been so registered, and

(ii) if it has been, whether the particulars in relation to it in the entry in the register concerned are correct and complete.

(2) An tArd-Chláraitheoir may, by notice in writing served on a person whom he has reason to believe may be able to provide him or her with information relevant to an inquiry under subsection (1), require the person to provide the information to him or her within such time (not being less than 28 days) from the date of the giving of the notice and in such manner as may be specified in the notice.

(3) If an tArd-Chláraitheoir is satisfied that an event referred to in subsection (1) has occurred and that it has not been registered in the appropriate register referred to in that subsection or, if so registered, that the particulars in the entry in the register concerned in relation to it are incorrect or incomplete, he or she may register the event, or cause it to be registered, in the appropriate register or, as the case may be, correct or complete, or cause to be corrected or completed, the entry aforesaid.

Annotations

Amendments:

F241
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 20, S.I. No. 648 of 2010.

Section 66

Power of Ard-Chláraitheoir to give information to others.

66.—(1) F242[Notwithstanding anything contained in any other enactment, but subject to the Data Protection Regulation and the Data Protection Act 2018, an tArd-Chláraitheoir may] F251[…] give such information as may be prescribed in relation to births, F244[marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership], registered under this Act or under any of the repealed enactments to—

(a) the Minister for Defence for the purpose of—

(i) the administration of schemes under the Defence Forces (Pensions) Acts 1932 to 1975, or

(ii) the administration of the Army Pensions Acts 1923 to 1980,

(b) the Minister for the Environment, Heritage and Local Government for the purpose of registration in a register under the Electoral Act 1992,

(i) determining entitlements to passports, or

(ii) verifying the identity of persons applying for or holding passports,

(d) the Minister for Justice, Equality and Law Reform for the purpose of determining the immigration or citizenship status of persons,

(e) the Minister for Social and Family Affairs for the purpose of—

(i) determining entitlement to, or control of, benefit under the F245[Social Welfare Consolidation Act 2005], or

(ii) F245[section 262] of that Act,

(f) the Minister for Transport for the purpose of the grant of driving licences and provisional licences under Part III of the Road Traffic Act 1961,

(g) the F246[Minister for Health for the purpose of] the enforcement of regulations under section 31 of the Health Act 1947 F246[and the Executive, hospital or] other body or agency participating in any cancer screening programme (including any programme of breast or cervical cancer screening) F246[authorised by the Minister for Health], for the purpose of compiling and maintaining a record of the names, addresses and relevant dates of persons who, for public health reasons, may be invited to participate in any such programme,

F247[(ga) the Minister for the purpose of enabling him or her to perform his or her functions under the Health Identifiers Act 2014,]

F248[(gg) the Minister for Education and Skills for the purpose of planning and co-ordinating under section 7 of the Education Act 1998.]

(h) the Revenue Commissioners for the purpose of the administration of the Taxes Consolidation Act 1997, the Stamp Duties Consolidation Act 1999 and the Capital Acquisitions Tax Consolidation Act 2003,

(i) F249[the Executive] for the purpose of determining entitlement to a service provided for, by or under section 45 F250[, 45A], 58, 59 or 61 of the Health Act 1970, and

(j) a housing authority (within the meaning of the Housing Act 1966) for the purpose of—

(i) the determination of entitlement to houses or grants under the Housing Acts 1966 to 2002,

(ii) the determination of a rent or other payment under section 58 of the Housing Act 1966, or

(iii) the preparation of a housing strategy under the Planning and Development Act 2000.

F242[(2) In this section—

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201628 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“information” includes personal data;

“personal data” means personal data within the meaning of—

(a) the Data Protection Act 1988,

(b) the Data Protection Regulation, or

Annotations

Amendments:

F242
Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 197, S.I. No. 174 of 2018.

F243
Deleted (17.12.2008) by Social Welfare (Miscellaneous Provisions) Act 2008 (22/2008), s. 25, commenced on enactment.

F244
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 21, S.I. 648 of 2010.

F245
Substituted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(b), S.I. No. 357 of 2015.

F246
Substituted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(d), S.I. No. 357 of 2015.

F247
Inserted (13.07.2015) by Health Identifiers Act 2014 (15/2014), s. 9(2), S.I. No. 294 of 2015.

F248
Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(e), S.I. No. 357 of 2015.

F249
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 26(b), S.I. No. 887 of 2004.

F250
Inserted (1.01.2009) by Health Act 2008 (21/2008), s. 11, commenced as per s. 1(2).

F251
Deleted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(a), S.I. No. 550 of 2020.

F252
Substituted by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(c), not commenced as of date of revision.

F253
Substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8 item 1, not commenced as of date of revision.

Modifications (not altering text):

C17
Prospective affecting provision: subs. (1) amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 29(c), not commenced as of date of revision.

66.—(1) …

(f) F252[the Road Safety Authority and any person, being a person with whom that Authority has an agreement under section 5 of the Road Safety Authority Act 2006, to whom the Authority requests the Minister to give the information] for the purpose of the grant of driving licences and F252[learner permits] under Part III of the Road Traffic Act 1961,

…

C18
Prospective affecting provision: subs. (1)(j)(ii) substituted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 8 item 1, not commenced as of date of revision.

F253[(ii) the determination of a rent or other payment under section 31 of the Housing (Miscellaneous Provisions) Act 2009, or]

Editorial Notes:

E121
Functions under subs. (1)(ga) designated “relevant functions” for purposes of Health Identifiers Act 2014 (15/2014), s. 26 (13.07.2015) by Health Identifiers Act 2014 (15/2014), s. 26(5), S.I. No. 294 of 2015.

E122
Previous affecting provision: subs. (1)(g) amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 26(a), S.I. No. 887 of 2004; substituted as per F-note above.

28 OJ No. L 119, 4.5.2016, p.1

Section 67

Fees.

67.—(1) There shall be payable to an tArd-Chláraitheoir or the Superintendent Registrar, registrar, within the meaning of section 17, or authorised officer, concerned fees of such amounts (if any) as may be prescribed in respect of—

(a) any performance of such functions of an tArd-Chláraitheoir, a Superintendent Registrar, a registrar, within the meaning of section 17, or an authorised officer as may be prescribed, and

(b) such other matters as may be prescribed,

and the references aforesaid to registrar, within the meaning of section 17, include references to such a registrar acting as a registered solemniser (within the meaning of Part 6).

F255[(1A) The Minister may prescribe—

(a) a fee of a lesser amount than that prescribed under subsection (1), and

(b) an enactment by or under which it is required that age, civil status or death is proved,

where the Minister is of the view that, in order that a person may comply with the enactment so prescribed, the lesser fee should be payable in respect of performance of functions under this Act relating to the giving of a copy certified to be a true copy, a copy, or a certified copy of an entry in a register maintained under section 13.]

(2) A person referred to in subsection (1) may refuse to perform a function (other than a prescribed function) in respect of which a fee is payable under this Act if the fee is not paid to him or her.

(3) A fee under this Act that is due and unpaid may be recovered from the person by whom it is payable by the person to whom it is payable as a simple contract debt in any court of competent jurisdiction.

(4) Amounts received under this Act in respect of fees shall be disposed of in accordance with the directions of the Minister given with the consent of the Minister for Finance.

F254[(5) There shall be payable to the Minister for Culture, Heritage and the Gaeltacht, or a relevant body, fees of such amounts (if any) as may be prescribed in respect of any performance by that Minister, or that body, of functions under subsection (2A) or (6) of section 61.]

Annotations

Amendments:

F254
Substituted by Civil Registration Act 2019 (13/2019), s. 9, commenced on enactment.

F255
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 30(a), S.I. No. 550 of 2020.

Modifications (not altering text):

C19
Function under subs. (4) transferred and reference to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

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. 3 of 2004

Civil Registration Act 2004

Section 67(4)

…

Editorial Notes:

E123
Power pursuant to section exercised (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), in effect as per reg. 2.

E124
Power pursuant to section exercised (7.09.2015) by Civil Registration (Gender Recognition) (Fees) Regulations 2015 (S.I. No. 377 of 2015), in effect as per reg. 2.

E125
Power pursuant to section exercised (5.11.2007) by Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007), in effect as per reg. 1(2).

E126
Power pursuant to section exercised (5.11.2007) by Civil Registration (Fees and Allowances) Regulations 2007 (S.I. No. 740 of 2007), in effect as per reg. 1(2).

E127
Power pursuant to section exercised (5.12.2005) by Civil Registration (Short Birth Certificate Regulations 2005 (S.I. No. 771 of 2005), in effect as per reg. 2.

E128
Power pursuant to section exercised (5.12.2005) by Civil Registration (Reduced Fees Regulations 2005 (S.I. No. 766 of 2005), in effect as per reg. 2.

E129
Previous affecting provision: power pursuant to section exercised (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), in effect as per reg. 2; revoked (20.11.2020) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2020 (S.I. No. 552 of 2020), reg. 11, in effect as per reg. 2.

E130
Previous affecting provision: subs. (5) inserted (11.07.2016) by Civil Registration (Amendment) Act 2014 (34/2014), s. 30(b), S.I. No. 359 of 2016; substituted as per F-note above.

E131
Previous affecting provision: power pursuant to section exercised (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), in effect as per reg. 2; revoked (19.12.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) (No. 2) Regulations 2016 (S.I. No. 605 of 2016), reg. 9, in effect as per reg. 2.

E132
Previous affecting provision: power pursuant to section exercised (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), in effect as per reg. 2; revoked (4.07.2016) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2016 (S.I. No. 331 of 2016), reg. 9, in effect as per reg. 2.

E133
Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

E134
Previous affecting provision: power pursuant to section exercised (5.11.2007) by Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 (S.I. No. 744 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Marry) (Prescribed Circumstances) Regulations 2010 (S.I. No. 667 of 2010), reg. 6, in effect as per reg. 1(2).

E135
Previous affecting provision: power pursuant to section exercised (5.11.2007) by Marriage Registration Form Regulations 2007 (S.I. No. 738 of 2007), in effect as per reg. 1(2); revoked (1.01.2011) by Civil Registration (Marriage Registration Form) Regulations 2010 (S.I. No. 670 of 2010), reg. 3, in effect as per reg. 1(2).

E136
Previous affecting provision: power pursuant to section exercised (5.11.2007) by Civil Registration (Marriages) (Fees) Regulations 2007 (S.I. No. 737 of 2007), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(b), in effect as per reg. 2.

E137
Previous affecting provision: power pursuant to section exercised (5.12.2005) by Civil Registration (Births and Deaths) (Fees) Regulations 2005 (S.I. No. 769 of 2005), in effect as per reg. 2; revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(a), in effect as per reg. 2.

E138
Previous affecting provision: power pursuant to section exercised (5.12.2005) by Civil Registration (Fees and Allowances) Regulations 2005 (S.I. No. 768 of 2005), in effect as per reg. 2; revoked (5.11.2007) by Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007), reg. 2, in effect as per reg. 1(2).

Section 67A
F256[Payments to certain registrars

67A.—(1) Subject to subsection (2), the Health Service Executive shall pay to persons to whom this section applies—

(a) fees of such amount (if any) as may be prescribed in respect of the performance of such functions of a registrar within the meaning of section 17 as may be prescribed, and

(b) allowances of such amount (if any) as may be prescribed in respect of such periods and at such intervals as may be prescribed.

(2) The Health Service Executive shall not pay a fee to a person under subsection (1) unless it is satisfied that the person has performed the function to which the fee concerned relates.

(3) For the purposes of satisfying the Health Service Executive that a fee under subsection (1) should be paid to a person, the person concerned shall provide the Health Service Executive with such information and documentation as may be prescribed in such form as may be prescribed.

(4) This section applies to persons who—

(a) are deemed under subsection (11) of section 17 to be registrars appointed under that section, and

(b) were paid an allowance under a repealed enactment.]

Annotations

Amendments:

F256
Inserted (9.07.2005) by Civil Registration (Amendment) Act 2005 (19/2005), s. 1, commenced on enactment.

Editorial Notes:

E139
Power pursuant to section exercised (5.11.2007) by Civil Registration (Fees and Allowances) (Revocation) Regulations 2007 (S.I. No. 743 of 2007), in effect as per reg. 1(2).

E140
Power pursuant to section exercised (5.11.2007) by Civil Registration (Fees and Allowances) Regulations 2007 (S.I. No. 740 of 2007), in effect as per reg. 1(2).

E141
The section heading is taken from the content of the section in the absence of one included in the amendment.

Section 68

Evidence of births, stillbirths and deaths.

68.—(1) An entry in the register of births, the register of stillbirths or the register of deaths shall not be evidence of the birth, stillbirth or death unless—

(a) the entry purports to be signed by the person who gave the required particulars in relation to the birth, stillbirth or death, as the case may be, to the registrar concerned,

(b) that person was a person who, at the time of the making of the entry, was required by this Act or the repealed enactments to give particulars in relation to the event concerned to a registrar, and

(2) Paragraphs (a) and (b) of subsection (1) do not apply to—

(a) an entry in the register of births made pursuant to section 3 of the Births, Deaths and Marriages Registration Act 1972, or

(b) an entry in the register of deaths made pursuant to that section or section 41.

F258[(2A) Paragraph (a) of subsection (1) does not apply to—

(a) an entry in the register of births where subsection (5A) of section 19, subsection (5A) of section 22, subsection (6A) of section 23 or subsection (6) of section 23A applies, or

(b) an entry in the register of deaths where subsection (3A) of section 37 applies.]

(3) Where a birth, stillbirth or death is registered more than 12 months from the date of its occurrence, the relevant entry in the register of births, the register of stillbirths or the register of deaths, as the case may be, shall not be evidence of the occurrence unless it purports to have been made with the authority of an tArd-Chláraitheoir or an authorised officer of F257[the Executive].

Annotations

Amendments:

F257
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 27, S.I. No. 887 of 2004.

F258
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 31, S.I. No. 550 of 2020.

Section 69

Offences.

69.—(1) A registrar appointed under section 17 or an officer of the Courts Service or the Adoption Board who, otherwise than in accordance with this Act—

(a) deletes or alters, or permits or procures the deletion or alteration of, information contained in a register or an index to a register, or

(b) keeps, or permits or procures the keeping of, any information (other than information contained in or relating to a register or an index to a register) on a computer on which a register or an index to a register is kept,

is guilty of an offence.

(2) In relation to a computer on which a register or an index to a register is kept, a person (including a person entitled to access information kept on the computer but excluding an tArd-Chláraitheoir, a Superintendent Registrar or a registrar) who, without the consent of an tArd-Chláraitheoir, a Superintendent Registrar or a registrar—

(a) deletes or alters, or permits or procures the deletion or alteration of, information kept on the computer, or

(b) keeps, or permits or procures the keeping of, information (other than information contained in or relating to a register or an index to a register) on the computer whether the keeping is done directly or by adjusting or damaging the computer or its programming or another computer or its programming,

is guilty of an offence.

(3) A person who gives to a registrar particulars or information which he or she knows to be false or misleading is guilty of an offence.

(4) A registrar who, without reasonable cause, fails or refuses to register a birth, stillbirth, marriage F259[, civil partnership] or death or to include in the relevant entry in the appropriate register any of the particulars required by this Act to be entered in the register in relation to the occurrence and given to him or her by a person required so to do by this Act or the repealed enactments, is guilty of an offence.

(5) A person who is required by this Act to give to a registrar the required particulars relating to a birth, a new born child found abandoned, a stillbirth or a death and who, without reasonable cause, fails or refuses to answer a question put to him or her by a registrar in relation to those particulars is guilty of an offence.

F268[(5A) A person who, without reasonable cause, fails or refuses to furnish evidence requested by the registrar under subsection (1A) or (3)(ba) of section 19, or subsection (1A) or (2)(ba) of section 37 is guilty of an offence.]

(6) A person who is required by this Act to sign a register in the presence of a registrar and who, without reasonable cause, fails or refuses to do so is guilty of an offence.

(7) A person who is required by this Act (other than section 41) to give a certificate to a registrar and who, without reasonable cause, fails or refuses to do so is guilty of an offence.

(8) A person who, without reasonable cause, fails or refuses to comply with a direction given to him or her under section 13(6) or a requirement in a notice given to or served on him or her under section 19(3), F268[22(1B)(ii), 22(3A),] 24(5), F260[30G(2),] 37(2), 50(2), 64(2) or 65(2) is guilty of an offence.

(9) A registrar who, without reasonable cause, fails or refuses to give a marriage registration form to one of the parties to an intended marriage in respect of which he or she has received, pursuant to section 46, a notification under subsection (1)(a)(i) of that section or a copy of an order under section 47 granting an exemption from the application of the said subsection (1)(a)(i) is guilty of an offence.

F261[(9A) A registrar who, without reasonable cause, fails or refuses to give a civil partnership registration form to one of the parties to an intended civil partnership in respect of which he or she has received a notification under section 59B(1)(a), or a copy of an exemption order under section 59B(2), commits an offence.]

(10) A person who—

(a) contravenes subsection (2) or (3) of section 51,

(b) not being a registered solemniser (within the meaning of Part 6), or the holder of a temporary authorisation under section 57, conducts a marriage ceremony in such a way as to lead the parties to the marriage to believe that he or she is solemnising a valid marriage,

(c) being a registered solemniser (within the meaning aforesaid) or such a holder as aforesaid, solemnises a marriage without a marriage registration form having been given to him or her before the solemnisation for examination by him or her,

(d) contravenes paragraph (a) or (b) of section 55(3),

(e) solemnises a marriage other than at a place chosen in accordance with section 52,

(f) solemnises or is a party to a marriage in relation to which, to his or her knowledge, subsection (1) or (2) of section 46 is not complied with,

F262[(fa) registers or is a party to a civil partnership in respect of which, to his or her knowledge, subsection (1) or (5) of section 59B is not complied with, (other than where there has been an exemption ordered under subsection (2) of that section), ]

(g) being the holder of a temporary authorisation under section 57, solemnises a marriage not specified in the authorisation or solemnises a marriage during a period not so specified,

(h) lodges an objection under section 58 F263[or 59F] that he or she knows to be without foundation,

(i) makes and signs a declaration under section 46(1)(b) F264[, or 59B(1)(b)] or makes a declaration specified in section 51(4)(a) which he or she knows to be F265[false or misleading,]

(j) not being a registrar, deletes or alters information in relation to the parties to a marriage on a marriage registration F266[form, or]

F267[(k) not being a registrar, deletes or alters information in relation to the parties to a civil partnership on a civil partnership registration form,]

shall be guilty of an offence.

(11) A person who, without reasonable cause, contravenes section 19(1), 21(1), 24(4), 37(1) or 73(4) is guilty of an offence.

(12) A person who contravenes a provision of regulations under this Act that is stated in the regulations to be a penal provision is guilty of an offence.

(13) In this section “register” means a register maintained under section 13.

Annotations

Amendments:

F259
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(a), S.I. No. 648 of 2010.

F260
Inserted (3.10.2022) by Birth and Information Act 2022 (14/2022), s. 58(d), S.I. No. 496 of 2022.

F261
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(b), S.I. No. 648 of 2010.

F262
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(i), S.I. No. 648 of 2010.

F263
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(ii), S.I. No. 648 of 2010.

F264
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(iii), S.I. No. 648 of 2010.

F265
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(iv), S.I. No. 648 of 2010.

F266
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(v), S.I. No. 648 of 2010.

F267
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 22(c)(vi), S.I. No. 648 of 2010.

F268
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 32, S.I. No. 550 of 2020.

Modifications (not altering text):

C20
Reference to “Adoption Board” construed (1.11.2010) by Adoption Act 2010 (21/2010), s. 143(2), S.I. No. 511 of 2010.

References to Adoption Board in enactments made before establishment day.

143.— …

(2) Subject to this Act, on and after the establishment day, references to An Bord Uchtála or the Adoption Board—

(a) in any Act passed before the establishment day, or

(b) in any statutory instrument made before that day under an Act,

are to be read as references to the Authority, unless the context otherwise requires.

Section 70

Penalties.

70.—(1) A person guilty of an offence under subsection (1), (2) or (3) of section 69 shall be liable—

(a) on summary conviction, to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.

(2) A person guilty of an offence under subsection (4), (5), F270[(5A),] (6), (7), (8), F269[(9), (9A),] (10), (11) or (12) of section 69 shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.

Annotations

Amendments:

F269
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 23, S.I. No. 648 of 2010.

F270
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 33, S.I. No. 550 of 2020.

Section 71

Prosecution of offences.

71.—(1) Proceedings for a summary offence under this Act or a regulation thereunder may be brought and prosecuted by an tArd-Chláraitheoir or F271[the Executive].

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for a summary offence under this Act or a regulation thereunder may be commenced against a person at any time within 12 months from the date on which evidence that, in the opinion of an tArd-Chláraitheoir or F271[the Executive] is sufficient to justify the bringing of the proceedings comes to his, her or its notice.

(3) In proceedings for a summary offence under this Act, a document purporting to be signed by an tArd-Chláraitheoir or a person authorised in that behalf by him, her or F271[the Executive] and to state the date on which evidence referred to in subsection (2) came to his, her or its attention is prima facie evidence of that date and it shall be deemed to have been signed by an tArd-Chláraitheoir or the person authorised as aforesaid and, in case it purports to have been signed by a person so authorised, to have been signed in accordance with the authorisation unless the contrary is shown.

(4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

Annotations

Amendments:

F271
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 28, S.I. No. 887 of 2004.

Section 72
Service etc., of documents.

72.—Where a notice, certificate or other document is authorised or required by or under this Act to be given or furnished to or served on a person or an application in writing is authorised by this Act to be made to a person, the giving, furnishing, serving or making may be effected in any of the following ways—

(a) where it is addressed to him or her by name, by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address, or

(c) by sending it by ordinary prepaid post addressed to him or her at the address at which he or she ordinarily resides or, in a case in which an address for service has been furnished, at that address.

Section 73

Vital statistics.

73.—(1) In this section, vital statistics means statistics in relation to—

(a) births,

(b) stillbirths,

(d) marriages,

F272[(dd) civil partnerships,]

(e) decrees of divorce,

F273[(f) decrees of nullity F272[of marriage], or

F272[(ff) decrees of dissolution,

(fff) decrees of nullity of civil partnership,]

(g) any other prescribed matters.]

(h) F274[…]

(2) The Minister may collect, compile, abstract and publish vital statistics.

(3) The Minister may by regulations provide for giving effect to this section and the regulations may, in particular, include—

(a) in the case of any birth, stillbirth, death, marriage, F275[decree of divorce or decree of nullity] F272[of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,], provisions requiring that specified information relating to the birth, stillbirth, death, marriage, F275[decree of divorce or decree of nullity] F272[of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,] shall be furnished to the registrar concerned within a specified period,

(b) in the case of any other matter the subject of vital statistics, provision that specified information relating to the matter be furnished to a specified person within a specified period,

(c) provision for the recording of information received pursuant to the regulations and its transmission to the Minister or any other specified person.

(4) A person engaged in receiving information furnished pursuant to regulations under this section or in the collection, compilation, abstraction or publication of vital statistics shall not disclose any such information in a form that identifies, or enables the identification of, a person to whom it relates unless the disclosure is to another person so engaged or a necessary for the purposes of a prosecution under this Act.

(5) Information referred to in subsection (4) may be disclosed to persons engaged in medical or social research or to F276[medical practitioners employed by the Executive] if the Minister consents in writing to the disclosure and the disclosure complies with such conditions (if any) as are attached to the consent; and the Minister is hereby authorised to attach such conditions as he or she considers appropriate to a consent under this subsection.

(6) In lieu of acting by his or her own officers for the purposes of this section and the regulations thereunder, the Minister may arrange with any other Minister of the Government—

(a) for the collection, compilation, abstraction and publication by officers of that Minister of the Government of any vital statistics, or

(b) for the performance by those officers of any other functions provided for by this section or the regulations thereunder.

(7) This section is without prejudice to any other obligation imposed by or under this or any other Act to give information in relation to a birth, stillbirth, death, marriage, F277[decree of divorce or decree of nullity] F272[of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,] or any other matter.

Annotations

Amendments:

F272
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 24, S.I. No. 648 of 2010.

F273
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(e)(i), S.I. No. 511 of 2010.

F274
Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(e)(i), S.I. No. 511 of 2010.

F275
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(e)(ii), S.I. No. 511 of 2010.

F276
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 26 item 29, S.I. No. 887 of 2004.

F277
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 159(e)(iii), S.I. No. 511 of 2010.

Schedule 1

Registration Background

CIVIL REGISTRATION ACT 2004

Short title and commencement.

Interpretation.

Administration

Ard-Chláraitheoir.

Functions of Ard-Chláraitheoir.

Performance of functions of registrar and Superintendent Registrar by staff of Ard-Chláraitheoir in certain exceptional circumstances

Ard-Chláraitheoir Cúnta.

Staff of Ard-Chláraitheoir.

Annual report.

Oifig an Ard-Chláraitheora.

Registers.

Schemes.

Local registration authorities.

Staff of authorities.

Appeals.

Searches.

Search of register of stillbirths.

Correction of errors at request of persons having an interest.

Corrections or cancellations of entries at request of Ard-Chláraitheoir or a registrar.

Enquiries by ArdChláraitheoir.

Power of Ard-Chláraitheoir to give information to others.

Fees.

Evidence of births, stillbirths and deaths.

Offences.

Penalties.

Prosecution of offences.

Vital statistics.

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