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3 2004

Civil Registration Act 2004

PART 8

General

Appeals.

60. —(1) Where—

(a) a registrar fails or refuses to register in the appropriate register specified in section 13 a birth, stillbirth, death or marriage 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 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 the authority concerned, 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 by the authority to such officer of the authority (not being the person in relation to whom the appeal is brought) as the authority 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.

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, or

(ii) a copy,

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

(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, or

(ii) a copy,

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

(3) This section does not apply to the register of stillbirths or an index to that register or an index kept under section 22(5) of the Adoption Act 1952 .

(4) A copy of an entry referred to in subsection (1) (b) 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.

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.

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), (b) or (d) 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.

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 of the authority by which the registrar is employed of the error.

(2) When a Superintendent Registrar of any authority receives a notification under subsection (1), the Superintendent Registrar or a registrar of that authority, 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, concerned to 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.

(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, or

(c) a marriage to which there was an impediment,

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.

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, death or marriage 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.

Power of Ard-Chláraitheoir to give information to others.

66. —(1) Notwithstanding anything contained in the Data Protection Acts 1988 to 2003 or any other enactment, an tArd-Chláraitheoir may, after consultation with the Minister and the Minister for Social and Family Affairs, give such information as may be prescribed in relation to births, marriages, decrees of divorce, or decrees of nullity, 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 ,

(c) the Minister for Foreign Affairs for the purpose of—

(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 Social Welfare (Consolidation) Act 1993 , or

(ii) section 223 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 Minister for the purpose of the enforcement of regulations under section 31 of the Health Act 1947 and the Minister or a health board, hospital or other body or agency participating in any cancer screening programme (including any programme of breast or cervical cancer screening) authorised by the Minister, 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,

(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) a health board for the purpose of determining entitlement to a service provided for, by or under section 45, 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 .

(2) In this section “information” means personal data (within the meaning of the Data Protection Acts 1988 and 2003) and information extracted from such data.

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).

(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.

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

(c) the entry was made in accordance with the relevant provisions of this Act or the repealed enactments.

(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 .

(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 the relevant authority.

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 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.

(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), 24(5), 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.

(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,

(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 that he or she knows to be without foundation,

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

(j) not being a registrar, deletes or alters information in relation to the parties to a marriage on a marriage 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 .

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), (6), (7), (8), (9), (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.

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 the authority in whose functional area the offence was committed.

(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 the authority concerned 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 the authority concerned 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.

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.

Vital statistics.

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

(a) births,

(b) stillbirths,

(c) deaths,

(d) marriages,

(e) decrees of divorce,

(f) decrees of nullity,

(g) adoptions, or

(h) any other prescribed matters.

(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, decree of divorce, decree of nullity or adoption, provisions requiring that specified information relating to the birth, stillbirth, death, marriage, decree of divorce, decree of nullity or adoption 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 medical officers of health boards 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, decree of divorce, decree of nullity or adoption or any other matter.