LegalizeS.I. No. 196/2002 - Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2002-11-30, S.I. No. 567/2002 - Irish Nationality and Citizenship Regulations, 2002
I, John O'Donoghue TD, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the Irish Nationality and Citizenship Act 1956 (No. 26 of 1956) make the following regulations:
1.
1. These Regulations may be cited as the Irish Nationality and Citizenship (Declaration of Citizenship) Regulations 2002.
2.
2. In these Regulations “Principal Act” means The Irish Nationality and Citizenship Act 1956 (No. 26 of 1956), as amended by the Irish Nationality and Citizenship Act 1986 (No. 23 of 1986), The Irish Nationality and Citizenship Act 1994 (No. 9 of 1994), and the Irish Nationality and Citizenship Act 2001 (No. 15 of 2001).
3.
3. Every declaration of citizenship made by a person under section 6(4)(a) of the Principal Act (as amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) shall—
- (a) if made by a person of full age, be in form 1 in the Schedule to these Regulations,
- (b) if made by a parent or guardian acting on behalf of a minor, be in form 2 in the Schedule to these Regulations.
4.
4. Every declaration of citizenship made by a person under section 6(4)(b) of the Principal Act (as amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) shall—
- (a) if made by a person of full age, be in Form 3 in the Schedule to these Regulations,
- (b) if made by a parent or guardian acting on behalf of a minor, be in Form 4 in the Schedule to these Regulations.
5.
5. Every declaration of citizenship made by a person under section 6(5) of the Principal Act (as amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) shall be in Form 5 in the Schedule to these Regulations.
6.
6. A declaration under section 6 of the Principal Act (as amended by section 3 of the Irish Nationality and Citizenship Act 2001 ) shall—
- (a) if made in the territory of the State, be made before one of the following persons recognised or acting as such within the State:
- (i) a notary public,
- (ii) a commissioner for oaths,
- (iii) a peace commissioner,
- (iv) a minister of religion,
- (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
- (vi) a member of a local authority for the purpose of the law relating to local government,
- (vii) a member of the legal profession,
- (viii) a medical practitioner,
- (ix) a member of the teaching staff of a duly recognised primary school secondary school or third level institution,
or
- (b) if made in any place other than the territory of the State, be made before one of the following persons:
- (i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies,
- (ii) a notary public,
- (iii) any person who is, by the law of the country in which the declaration is made a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
Schedule FORM 1
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration of citizenship by a person of full age, born in the island of Ireland, its islands and seas, to a non-national who at the time of that person's birth was entitled to diplomatic immunity within the State.
I............................................................ ..........(Name in full)
of............................................................ ............................................................ .......(address)
born at...........................................................(place of birth), a place in the island of Ireland, its islands and seas on............................................................ ....(date) and being of full age, hereby declare myself to be an Irish citizen.
Signature.................................................
(Mr./Ms.)
Date..............................................
Declared and subscribed before me a............................................................ . 1 (insert qualification by the person named above who is personally known to me (or, who is identified to me by............................................................ .......who is personally known to me).
Signature...................................................
Address....................................................
.......................................................
Date................................................
FORM 2
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration of citizenship on behalf of a person not of full age, born in the island of Ireland, its island and seas to a non-national who at the time of that person's birth was entitled to diplomatic immunity within the State.
I,............................................................ .....(name of parent or guardian in full)
of............................................................ ..........................................(address)
being the parent or guardian of ............................................................ ....(name of child in full)
of............................................................ ..........................................................(address)
who was born at ................................................... (place of birth of child), a place in the island of Ireland, its islands and seas on........................................................... (date)
hereby declare him/her to be an Irish citizen.
Signature......................................................
(Mr./Ms.)
State whether parent or guardian................................
Date........................................................
Declared and subscribed before me a......................................................... 1 (insert qualification)
by the person named above who is personally known to me (or, who is identified
to me by............................................................ ...................who is personally known to me).
Signature............................................................ ......
Address............................................................
..........................................................
Date........................................................
FORM 3
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration of citizenship by a person of full age, born in the island of Ireland, its islands and seas, to a non-national on a foreign ship or a foreign aircraft.
I,............................................................ (Name in full)
of............................................................ .................................................. (address)
born at.................................(place of birth), a place in the island of Ireland, its islands and seas on............................................................ ... (date)
and being of full age, hereby declare myself to be an Irish citizen.
Signature..................................................
(Mr./Ms.)
Date............................................................
Declared and subscribed before me a..........................................................1 (insert qualification)
by the person named above who is personally known to me (or, who is identified
to me by............................................................ .......................who is personally known to me).
Signature.........................................................
Address....................................................
......................................................
Date.....................................................
FORM 4
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration of citizenship on behalf of a person not of full age, born in the island of Ireland, its island and seas to a non-national on a foreign ship or a foreign aircraft.
I,.......................................................(name of parent or guardian in full)
of............................................................ ...............................................(address)
being the parent or guardian of..........................................................(name of child in full)
of............................................................ ...........................................(address)
who was born at.............................................(place of birth of child) a place in the island of Ireland, its islands and seas
on......................................................(date)
hereby declare him/her to be an Irish citizen.
Signature..................................................
(Mr./Ms.)
State whether parent or guardian...................
Date...........................................................
Declared and subscribed before me a....................................................... 1 (insert qualification by the person named above who is personally known to me (or who is identified to me by............................................................ ........................who is personally known to me).
Signature....................................................
Address...............................................
.................................................
Date.....................................................
FORM 5
IRISH NATIONALITY AND CITIZENSHIP ACT 1956
Declaration of citizenship by a person of full age, born in the island of Ireland, its island and seas, who has lodged a declaration of alienage under Section 21 of the Act.
I,............................................................ ............................................................ ..(Name in full)
of............................................................ ........................................................(Current address)
[born (please insert your name at birth if different from above)............................................].2
at.............................(place of birth), a place in the island of Ireland, its islands and seas,
on..............................(date)
having previously lodged a declaration of alienage under section 21 of the above Act [in the name (please insert your name as given on your declaration of alienage if different from above)............................................................ .....................................].3 hereby declare myself to be an Irish citizen.
Signature............................................
(Mr./Ms.)
Date......................................................
Declared and subscribed before me a4 ....................................................(insert qualification) by the person named above who is personally known to me (or, who is identified to me by .........................................................who is personally known to me).
Signature...................................................
Address............................................
..................................................
Date........................................................
| GIVEN under my Official Seal, This 29th day of April 2002 | |
| John O'Donoghue TD, Minister for Justice, Equality and Law Reform. |
EXPLANATORY NOTE.
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations prescribe the forms to be used by a person born in Ireland who wishes to make a declaration that he or she is an Irish citizen as provided for in section 6 of the Irish Nationality and Citizenship Act 1956 (amended by section 3 of the Irish Nationality and Citizenship Act 2001 ).
- (a) if made in the territory of the State, be made before any of the following persons:
- (i) a notary public,
- (ii) a commissioner for oaths,
- (iii) a peace commissioner,
- (iv) a minister of religion,
- (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
- (vi) a member of a local authority for the purpose of the law relating relating to local government,
- (vii) a member of the legal profession,
- (viii) a medical practitioner,
- (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution
and
- (b) if made elsewhere, be made before any of the following persons:
- (i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies, namely, the head of an Irish diplomatic mission, a member of the diplomatic staff of an Irish diplomatic mission, a career consular officer of Ireland and an honorary consular officer appointed by the Minister for Foreign Affairs,
- (ii) a notary public, or
- (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
- (a) if made in the territory of the State, be made before any of the following persons:
- (i) a notary public,
- (ii) a commissioner for oaths,
- (iii) a peace commissioner,
- (iv) a minister of religion,
- (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
- (vi) a member of a local authority for the purpose of the law relating relating to local government,
- (vii) a member of the legal profession,
- (viii) a medical practitioner,
- (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution
and
- (b) if made elsewhere, be made before any of the following persons:
- (i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies, namely, the head of an Irish diplomatic mission, a member of the diplomatic staff of an Irish diplomatic mission, a career consular officer of Ireland and an honorary consular officer appointed by the Minister for Foreign Affairs,
- (ii) a notary public, or
- (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
- (a) if made in the territory of the State, be made before any of the following persons:
- (i) a notary public,
- (ii) a commissioner for oaths,
- (iii) a peace commissioner,
- (iv) a minister of religion,
- (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
- (vi) a member of a local authority for the purpose of the law relating relating to local government,
- (vii) a member of the legal profession,
- (viii) a medical practitioner,
- (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution
and
- (b) if made elsewhere, be made before any of the following persons:
- (i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies, namely, the head of an Irish diplomatic mission, a member of the diplomatic staff of an Irish diplomatic mission, a career consular officer of Ireland and an honorary consular officer appointed by the Minister for Foreign Affairs,
- (ii) a notary public, or
- (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
- (a) if made in the territory of the State, be made before any of the following persons:
- (i) a notary public,
- (ii) a commissioner for oaths,
- (iii) a peace commissioner,
- (iv) a minister of religion,
- (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
- (vi) a member of a local authority for the purpose of the law relating relating to local government,
- (vii) a member of the legal profession,
- (viii) a medical practitioner,
- (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution
and
- (b) if made elsewhere, be made before any of the following persons:
- (i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies, namely, the head of an Irish diplomatic mission, a member of the diplomatic staff of an Irish diplomatic mission, a career consular officer of Ireland and an honorary consular officer appointed by the Minister for Foreign Affairs,
- (ii) a notary public, or
- (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
- (a) if made in the territory of the State, be made before any of the following persons:
- (i) a notary public,
- (ii) a commissioner for oaths,
- (iii) a peace commissioner,
- (iv) a minister of religion,
- (v) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,
- (vi) a member of a local authority for the purpose of the law relating relating to local government,
- (vii) a member of the legal profession,
- (viii) a medical practitioner,
- (ix) a member of the teaching staff of a duly recognised primary school, secondary school or third level institution
and
- (b) if made elsewhere, be made before any of the following persons:
- (i) a person to whom section 5 of the Diplomatic and Consular Officers (Provision of Services) Act 1993 (No. 33 of 1993) applies, namely, the head of an Irish diplomatic mission, a member of the diplomatic staff of an Irish diplomatic mission, a career consular officer of Ireland and an honorary consular officer appointed by the Minister for Foreign Affairs,
- (ii) a notary public, or
- (iii) any person who is, by the law of the country in which the declaration is made, a commissioner for oaths or other person authorised to take affidavits and for that purpose to administer oaths.
Footnotes
A declaration made under section 6 (4) (a) of the Act shall—
delete as appropriate
delete as appropriate
A declaration made under section 6 (4) (a) of the Act shall—
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