Civil Registration Act 2004

PART 1 Preliminary and General

1. 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.

2. 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;

F1["Act of 2005" means the Social Welfare Consolidation Act 2005;]

F2["Act of 2010" means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]

F3["Act of 2015" means the Gender Recognition Act 2015;]

F4[F5[…]]

F6["Act of 2019" means the Civil Law (Presumption of Death) Act 2019;]

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

F7[…]

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

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

F8[…]

“birth” does not include stillbirth;

F2["civil partner" has the meaning assigned to it by the Act of 2010;]

F9["civil partnership of convenience" means a civil partnership where at least one of the parties to the civil partnership—

(a) at the time of entry into the civil partnership is a foreign national, and

(b) enters into the civil partnership solely for the purpose of securing an immigration advantage for at least one of the parties to the civil partnership;]

F2["civil partnership registration" means registration undersection 59D;]

“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;

F2["civil status" means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;]

F9["cohabitant" shall be construed in accordance with section 172 of the Act of 2010;]

F10["decree of divorce" has the meaning assigned to it by theFamily Law (Divorce) Act 1996;]

F2["dissolution" means dissolution of a civil partnership undersection 110of the Act of 2010;]

F4["donor-conceived child" has the same meaning as it has in Part 2 of theF11[Children and Family Relationships Act 2015];]

F9["enactment" means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in SaorstátÉireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to inparagraph (b);]

“event” means a birth, stillbirth, F7[…], F7[…], marriage, death, decree of F12[divorce, decree of nullity, civil partnership registration or dissolution], 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;

F9["evidence" includes documentary evidence;]

F13["Executive" means the Health Service Executive;]

F7[…]

F9["foreign national" means a person who is neither an Irish citizen, nor a citizen of a member state;]

“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;

F3["gender recognition certificate" has the meaning assigned to it by the Act of 2015;]

F8[…]

F9["immigration advantage" means a determination in a person’s favour by or on behalf of the Minister for Justice and Equality of any question relating to the grant of a visa to, or the entry into, presence in or removal from the State of a foreign national or any determination of a right to enter or reside in the State pursuant to the—

(a) European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977),

(b) European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997), or

(c) European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006);]

F9["immigration status" means entitlement of a person to reside in the State and the basis for that entitlement;]

F9["marriage of convenience2 means a marriage where at least one of the parties to the marriage—

(a) at the time of entry into the marriage is a foreign national, and

(b) enters into the marriage solely for the purpose of securing an immigration advantage for at least one of the parties to the marriage;]

“Minister” means Minister for Health and Children;

F6["missing person" has the same meaning as missing person insection 2of the Act of 2019;]

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

F4["parent", in relation to a donor-conceived child, means the parent or parents of that child undersection 5of theF11[Children and Family Relationships Act 2015];]

“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;

F6["presumed death" means a presumed death where a presumption of death order has been made undersection 5of the Act of 2019;]

“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,

F14[(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning ofsection 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) F7[…]

(d) in relation to a decree of divorce or the register of decrees of divorce, means the Courts Service F15[,]

F16[(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

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

(g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, 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;

F13["registration area" shall be construed in accordance withsection 15(1)and(2A);]

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

“the required particulars” means—

F17[(a) in relation to a birth or a living new born child found abandoned, the particulars specified inPart 1of theFirst Schedulein relation to the child, the mother of the child and, as applicable, the father or other parent of the child;

(b) in relation to a stillbirth the particulars specified inPart 2of theFirst Schedulein relation to the child, the mother of the child and, as applicable, the father or other parent of the child;]

(c) F7[…]

(d) F7[…]

F17[(e) in relation to a death, the particulars specified inPart 5of theFirst Schedulein relation to the deceased and, as applicable, the mother, father, parent and guardian of the deceased;]

F6[(f) in relation to a presumed death, the particulars specified inPart 5Bof that Schedule;]

F18["scheme" means a scheme approved undersection 14;]

“signature” includes an electronic signature within the meaning of the Electronic Commerce Act 2000 and cognate words shall be construed accordingly;

F19["stillborn child" means—

(a) a child who, at birth—

(i) weighs not less than 400 grammes, or

(ii) has a gestational age of not less than 23 weeks,

and shows no sign of life, and

(b) in the case of a multiple pregnancy, where one of the children is a "stillborn child" within the meaning ofparagraph (a), any other child who, at birth—

(i) weighs not less than 200 grammes, and

(ii) shows no signs of life,

and any reference to "stillbirth" or "stillborn" 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,

F20[(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 ofsection 31(1)(a) of theFamily Law Act 1995in relation to the marriage was not granted under section 33 of that Act—

(i) prior to the coming into operation of subsection (1) ofsection 45of the Domestic Violence Act 2018, or

(ii) in accordance with subsection (2) ofsection 45of that Act.]

F21[(d) one of the parties to the proposed marriage lacks, or both of the parties to the proposed marriage lack, the capacity (within the meaning of the Assisted Decision-Making (Capacity) Act 2015) to consent to the marriage,]

(e) F22[…]

F23[(f) one of the parties to the marriage is, or, other than wheresection 2Bapplies, both are, already party to a subsisting civilF24[partnership,]]

F25[(g) the marriage would constitute a marriage ofF24[convenience, or]]

F26[F24[(h)]the marriage would be void by virtue ofsection 2A.]

F27[(2A)F28[…]

(2B)F28[…]]

(3) In this Act—

(a) a reference to a birth, stillbirth, F7[…] 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.

2A. F31[Prohibited degrees of relationship

2A.—(1) For the purposes of this Act, any prohibition in this Act or any other enactment or rule of law on marriage between two persons of the opposite sex arising by virtue of a relationship of consanguinity or affinity between them, shall, subject to any necessary modifications, apply to marriage between two persons of the same sex as it applies to marriage between two persons of the opposite sex.

(2) A marriage purported to be solemnised which contravenes a prohibition referred to insubsection (1)shall be void.]

2B. F32[No impediment where subsisting civil partnership with each other

2B.—There is not an impediment to a marriage by virtue of both of the parties to the intended marriage being parties to a subsisting civil partnership with each other.]

3. 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.

4. Repeals.

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

5. 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.

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.

PART 2 Administration

7. Ard-Chláraitheoir.

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 F33[3] 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 F33[3] 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.

F34[(5A) A person appointed to be an tArd-Chláraitheoir may at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect on and from the date of receipt of the letter.]

(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. Functions of Ard-Chláraitheoir.

8.—(1) The principal functions of an tArd-Chláraitheoir are—