PART 2

Administration

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 7 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 7 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.

(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.

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, adoptions, 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, 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,

(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, deaths, marriages, adoptions and foreign adoptions 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.

(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.

(6) An tArd-Chláraitheoir may delegate such of his or her functions as he or she considers appropriate to a member of his or her staff.

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 7 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 7 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.

(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.

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.

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.

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.

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),

(c) a register of all adoptions and foreign adoptions under the Adoption Acts 1952 to 1998 (which shall be known, and is referred to in this Act, as the register of adoptions),

(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 decrees of divorce), and

(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).

(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 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) Any requirement of law for the production of a certificate of birth shall be satisfied by the production of a copy of the relevant entry in the register of adoptions purporting to be certified in accordance with subsection (4).

(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).

14. —(1) As soon as may be after the appointment of the first Superintendent Registrar of an authority, he or she shall prepare a scheme in writing (“a scheme”) for the administration of the Civil Registration Service in the functional area of the authority, and shall, after it has been approved by the authority, 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 of the authority concerned.

  (b) A scheme under this subsection shall, after it has been approved by the authority concerned, be submitted to the Minister.

(4) A scheme or a scheme under subsection (3) shall be subject to the approval of the authority concerned.

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

(6) The Minister may, in consultation with an tArd-Chláraitheoir and the relevant authority, 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.

(7) Without prejudice to the generality of subsection (1), a scheme shall specify—

(a) the number of registrars required by the authority for the purpose of the performance of its functions,

(b) the number of any other officers required by the authority for the purpose aforesaid,

(c) the locations of the offices of the authority, all of which shall be located in the functional area of the authority,

(d) the proposed functions of, and distribution of functions between, the registrars and any other officers appointed pursuant to the scheme,

(e) particulars of the proposed conditions of employment of the registrars and other officers proposed to be appointed by the authority, 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 the authority 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 .

15. —(1) Each health board shall be a local registration authority (in this Act referred to as “an authority”) for the purposes of this Act.

(2) The functional area of an authority shall be the functional area of the health board concerned.

(3) Under the overall management, control and supervision of an tArd-Chláraitheoir, an authority shall, in accordance with the provisions of its scheme, manage, control and administer, through its Superintendent Registrar, the Civil Registration Service in its functional area and perform in that area the other functions conferred on it by or under this Act.

(4) An tArd-Chláraitheoir may give a direction in writing to an authority in relation to its expenditure on and management, control and administration, of the Civil Registration Service in its functional area, and an authority shall comply with a direction given to it under this subsection.

(5) An authority shall, in each year beginning with the year 2005, prepare an estimate in writing of its income and expenditure in the next following year and shall submit a copy of it to an tArd-Chláraitheoir.

16. —(1) The incurring of expenditure by an authority that is not specified in its scheme shall be subject to the prior consent of an tArd-Chláraitheoir and the Minister.

(2) Accounts of an authority shall be audited by the Comptroller and Auditor General.

(3) If, in any financial year of an authority, the expenditure of the authority exceeds its income, the Minister may, with the consent of the Minister for Finance, make a grant to the authority of an amount not exceeding the amount of the excess.

17. —(1) Subject to the provisions of this section, an authority, after consultation with an tArd-Chláraitheoir, shall appoint—

(a) a chief officer who shall be known as the Superintendent Registrar,

(b) such number of registrars of births, stillbirths, deaths and marriages, and

(c) such number of other officers,

as it considers necessary for the purpose of the performance of its functions.

(2) The appointment of a person under subsection (1) to an office referred to in paragraph (b) or (c) of that subsection shall be in accordance with any relevant provisions of the scheme of the authority concerned.

(3) The Superintendent Registrar of an authority shall manage, control and administer the Civil Registration Service on behalf of and subject to the control and directions of the authority in its functional 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 authority.

(4) A registrar shall have and perform in the functional area of the authority by which he or she was appointed 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 a scheme made by the authority by which he or she was appointed).

(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 the authority by which the registrar or officer was appointed and shall comply with any directions given to him or her under subsection (6).

(6) A Superintendent Registrar of an authority may give a direction to a registrar appointed by the authority or to an authorised officer of the authority.

(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 the authority concerned at the time of the appointment.

(9) An officer of an authority (including its Superintendent Registrar and a registrar) may be removed from office by the authority if, in its opinion, the officer 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 authority to be necessary for the effective performance of the functions of the office.

(10) (a) An authority may appoint officers of the authority 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.

(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 and marriages appointed under this section.