Civil Registration Act 2019

Cited as:IR No. 13/2019
Jurisdiction:Ireland


Civil Registration Act 2019

2019 13

An Act to amend the Civil Registration Act 2004; to amend the Civil Registration (Amendment) Act 2014; to amend the Children and Family Relationships Act 2015; and to provide for related matters.

[23 May 2019]

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S-1 Definitions

1 Definitions

1. In this Act—

“Act of 2004” means the Civil Registration Act 2004;

“Act of 2014” means the Civil Registration (Amendment) Act 2014;

“Act of 2015” means the Children and Family Relationships Act 2015.

S-2 Amendment of section 2 of Act of 2004

2 Amendment of section 2 of Act of 2004

(1) Section 2 (amended by section 92 of the Act of 2015) of the Act of 2004 is amended, in subsection (1)—

(a)

by the deletion of “ ‘Act of 2015’ means the Children and Family Relationships Act 2015;”,

(b)

in the definition of “donor-conceived child”, by the substitution of “Children and Family Relationships Act 2015” for “Act of 2015”, and

(c)

in the definition of “parent”, by the substitution of “Children and Family Relationships Act 2015” for “Act of 2015”.

(2) This section shall come into operation on the day on which section 92 of the Act of 2015 is commenced.

S-3 Amendment of section 19A of Act of 2004

3 Amendment of section 19A of Act of 2004

(1) Section 19A (inserted by section 93 of the Act of 2015) of the Act of 2004 is amended by the substitution of “Children and Family Relationships Act 2015” for “Act of 2015” in each place where it occurs.

(2) This section shall come into operation on the day on which section 93 of the Act of 2015 is commenced.

S-4 Amendment of section 22 of Act of 2004

4 Amendment of section 22 of Act of 2004

(1) Section 22 (amended by section 6 of the Act of 2014) of the Act of 2004 is amended—

(a)

in subsection (3), by the substitution of the following paragraph for paragraph (c):

“(c) a statutory declaration of the mother, that she has been living apart from the person who is, or any person who formerly was, her husband during the period of 10 months ending immediately before the birth of the child and that a decree or deed referred to in paragraph (b) has not been granted by a court or entered into, and in that case the declaration shall exhibit information, particulars and evidence relied on by the mother to establish the date that she has been living apart from the person who is or was her husband during the period of 10 months ending immediately before the birth of the child.”,

(b)

by the deletion of subsections (3A) and (3B), and

(c)

in subsection (3C), by the substitution of “Where a statutory declaration under subsection (3)(c) is produced, the registrar, having considered the declaration shall” for “The registrar, if satisfied having made all reasonable efforts under subsection (3A) that no contact can be made with the husband, and, having considered the statutory declaration of the mother under subsection (3)(c)”.

(2) This section shall come into operation on the day on which section 6(1) of the Act of 2014 is commenced.

S-5 Amendment of section 23B of Act of 2004

5 Amendment of section 23B of Act of 2004

(1) Section 23B (inserted by section 95 of the Act of 2015) of the Act of 2004 is amended by the substitution of “Children and Family Relationships Act 2015” for “Act of 2015” in each place where it occurs.

(2) This section shall come into operation on the day on which section 95 of the Act of 2015 is commenced.

S-6 Amendment of section 41 of Act of 2004

6 Amendment of section 41 of Act of 2004

6. Section 41 (amended by section 75 of the Health Act 2004) of the Act of 2004 is amended—

(a) by the insertion of the following subsection after subsection (2):

“(2A) In preparing a certificate under subsection (1) or (2) the coroner, in so far as is practicable and appropriate—

(a) shall inform a qualified informant of the coroner’s duty to submit the certificate of required particulars to the appropriate registrar, and

(b) may seek any information or assistance, as he or she thinks necessary, from one or more qualified informants, for the purposes of the preparation of the certificate concerned.”,

and

(b) by the substitution of the following subsection for subsection (4):

“(4) In this section—

‘appropriate registrar’ means a registrar in the registration area in which the body concerned is lying or was found;

‘qualified informant’ has the meaning assigned to it by section 37.”.

S-7 Amendment of section 44C of Act of 2004

7 Amendment of section 44C of Act of 2004

(1) Section 44C(2)(d) (inserted by section 13 of the Act of 2014) of the Act of 2004 is amended—

(a)

in subparagraph (xiii), by the substitution of “of informant;” for “of informant.”, and

(b)

by the insertion of the following subparagraph after subparagraph (xiii):

“(xiv) forename(s) and birth surname(s) of parent(s) of deceased.”.

(2) This section shall come into operation on the day on which section 13 of the Act of 2014 is commenced.

S-8 Amendment of section 61 of Act of 2004

8 Amendment of section 61 of Act of 2004

8. Section 61 (amended by section 27 of the Act of 2014) of the Act of 2004 is amended by—

(a) the substitution of the following subsection for subsection (2A):

“(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.”,

(b) the substitution of the following subsection for subsection (2B):

“(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).”,

(c) the insertion of the following subsection after subsection (2B):

“(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.”,

(d) the substitution of the following subsection for subsection (6):

“(6) The Minister for Culture, Heritage and the Gaeltacht,...

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