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3 2004

Civil Registration Act 2004

PART 1

Preliminary and General

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.

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;

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

“adoption” means adoption under the Adoption Acts 1952 to 1998 (other than a foreign adoption);

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

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

“authority” shall be construed in accordance with section 15 and, in relation to a scheme, means the authority that approved the scheme;

“birth” does not include stillbirth;

“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;

“decree of divorce” and “decree of nullity” have the meanings assigned to them by the Family Law (Divorce) Act 1996 ;

“event” means a birth, stillbirth, adoption, foreign adoption, marriage, death, decree of divorce or decree of nullity, 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adoption, marriage or death that could have been, but was not, registered in a register formerly maintained under the repealed enactments;

“foreign adoption” has the meaning assigned to it by section 1 of the Adoption Act 1991 ;

“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;

“health board” includes an Area Health Board within the meaning of the Health (Eastern Regional Health Authority) Act 1999 ;

“Minister” means Minister for Health and Children;

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

“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;

“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 ,

(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 ,

(c) in relation to an adoption (including a foreign adoption) or the register of adoptions, means the Adoption Board,

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

(e) in relation to a decree of nullity or the register of decrees of nullity, 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;

“repealed enactments” means the enactments repealed by section 4 ;

“the required particulars” means—

(a) in relation to a birth or a living new-born child found abandoned, the particulars specified in Part 1 of the First Schedule,

(b) in relation to a stillbirth, the particulars specified in Part 2 of that Schedule,

(c) in relation to an adoption, the particulars specified in Part 3 of that Schedule,

(d) in relation to a foreign adoption, the particulars specified in Part 4 of that Schedule, and

(e) in relation to a death, the particulars specified in Part 5 of that Schedule;

“scheme”, in relation to an authority, means a scheme approved by it 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,

(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,

(d) the marriage would be void by virtue of the Marriage of Lunatics Act 1811, or

(e) both parties are of the same sex.

(3) In this Act—

(a) a reference to a birth, stillbirth, adoption, foreign adoption, 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.

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,

(c) generally for the purpose of giving effect to this Act.

(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.

Repeals.

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

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.

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.