Civil Registration (Amendment) Act 2014

• “(1A) Where the age, civil status or death of a person is required to be proved by or under an enactment prescribed under section 67(1A), a person—

  • (a) on production by him or her of verification of the requirement for proof, as part of an application in that behalf under subsection (1), and

  • (b) on payment by him or her of a fee prescribed under section 67(1A),

  shall be given a copy certified to be a true copy, a copy, or a certified extract of an entry in a register maintained under section 13.”,

• (b) the insertion of the following subsection after subsection (2):

• “(2A) Subject to subsections (3) and (4), the Minister for Arts, Heritage and the Gaeltacht, on application by a person to that Minister in that behalf in electronic form and on payment to that Minister of any prescribed fee shall 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.

• (2B) For the purposes of subsection (2A), the Minister for Arts, Heritage and the Gaeltacht may keep an electronic record of the registers referred to at paragraphs (a), (b) and (c) of subsection (2A).”,

• (c) in subsection (4), the insertion of “, (1A)” after “(1) (b) ”, and

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

• “(6) The Minister for Arts, Heritage and the Gaeltacht, in addition to an tArd-Chláraitheoir, a Superintendent Registrar, a registrar or an authorised officer, may perform functions referred to in subsection (1) (a) in so far as the functions relate to the search of an electronic record of an index to a register maintained under section 13 and for that purpose, that Minister may keep such an electronic record of such an index.”

28. Amendment of section 64 of Principal Act

28. Section 64 of the Principal Act is amended by—

• (a) in subsection (5), the substitution of “concerned to cancel the entry in the register or make, in such manner” for “concerned to make, in such manner”,

• (b) the insertion of the following subsections after subsection (5):

• “(5A) Where an tArd-Chláraitheoir is satisfied that an entry of a birth, stillbirth or death in the register of births, stillbirths or deaths was made on the basis of—

  • (a) required particulars referred to in subsection (5B), or

  • (b) false or misleading information furnished to the registrar, an tArd-Chláraitheoir—

    • (i) may direct a registrar to cancel the entry and retain the entry so cancelled in the register of births, stillbirths or deaths, and

    • (ii) where he or she is satisfied that it is appropriate, may direct the registrar to make an entry, under and in accordance with Part 3 or 5, in relation to the birth, stillbirth or death concerned, in the register of births, stillbirths or deaths,

    and the registrar shall comply with the direction under paragraph (i) or (ii).

• (5B) Required particulars, for the purpose of subsection (5A)(a) are required particulars—

  • (a) as respects the register of births, furnished (except under section 19(5)) to the registrar by a person other than a qualified informant,

  • (b) as respects the register of stillbirths, furnished (except under subsection (6) or (7) of section 28) to the registrar by a person other than a person referred to in paragraph (a) or (b) of subsection (1) of section 28, or

  • (c) as respects the register of deaths, furnished to the registrar by a person other than a qualified informant.”,

• (c) in subsection (7), by—

• (i) in paragraph (b), the deletion of “or” after “were not complied with,”,

• (ii) in paragraph (c), the insertion of “or” after “a marriage to which there was an impediment,”, and

• (iii) the insertion of the following paragraph after paragraph (c):

• “(d) a marriage (other than a marriage referred to in paragraph (c)) in relation to which there is a decree of nullity.”,

and

• (d) in subsection (9), by—

• (i) in paragraph (a), the substitution of “of that section),” for “of that section); and”,

• (ii) in paragraph (b), the substitution of “an impediment within the meaning of section 2(2A); and” for “an impediment within the meaning of section 2(2A).”, and

• (iii) the insertion of the following paragraph after paragraph (b):

• “(c) a civil partnership (other than a civil partnership referred to in paragraph (b)) in relation to which there is a decree of nullity.”

29. Amendment of section 66 of Principal Act

29. Section 66 of the Principal Act is amended in subsection (1) by—

• (a) the deletion of “, after consultation with the Minister for Social and Family Affairs,”,

• (b) in paragraph (e) —

• (i) in subparagraph (i), the substitution of “Social Welfare Consolidation Act 2005” for “Social Welfare (Consolidation) Act 1993”,

• (ii) in paragraph (ii), the substitution of “section 262” for “section 223”,

• (c) in paragraph (f), the substitution of—

• (i) “the Road Safety Authority and any person, being a person with whom that Authority has an agreement under section 5 of the Road Safety Authority Act 2006, to whom the Authority requests the Minister to give the information” for “the Minister for Transport”, and

• (ii) “learner permits” for “provisional licences”,

• (d) in paragraph (g), the substitution of—

• (i) “Minister for Health for the purpose of” for “Minister for the purpose of”,

• (ii) “and the Executive, hospital or” for “and the Minister or the Executive, hospital or”, and

• (iii) “authorised by the Minister for Health” for “authorised by the Minister”,

and

• (e) the insertion of the following paragraph after paragraph (g):

• “(gg) the Minister for Education and Skills for the purpose of planning and co-ordinating under section 7 of the Education Act 1998.”

30. Amendment of section 67 of Principal Act

30. Section 67 of the Principal Act is amended by—

• (a) the insertion of the following subsection after subsection (1):

• “(1A) The Minister may prescribe—

  • (a) a fee of a lesser amount than that prescribed under subsection (1), and

  • (b) an enactment by or under which it is required that age, civil status or death is proved,

  where the Minister is of the view that, in order that a person may comply with the enactment so prescribed, the lesser fee should be payable in respect of performance of functions under this Act relating to the giving of a copy certified to be a true copy, a copy, or a certified copy of an entry in a register maintained under section 13.”,

and

• (b) the insertion of the following subsection after subsection (4):

• “(5) There shall be payable to the Minister for Arts, Heritage and the Gaeltacht fees of such amounts (if any) as may be prescribed in respect of any performance by that Minister of his or her functions under subsection (2A) or (6) of section 61.”

31. Amendment of section 68 of Principal Act

31. Section 68 of the Principal Act is amended by the insertion of the following subsection after subsection (2):

• “(2A) Paragraph (a) of subsection (1) does not apply to—

  • (a) an entry in the register of births where subsection (5A) of section 19, subsection (5A) of section 22, subsection (6A) of section 23 or subsection (6) of section 23A applies, or

  • (b) an entry in the register of deaths where subsection (3A) of section 37 applies.”

32. Amendment of section 69 of Principal Act

32. Section 69 of the Principal Act is amended by—

• (a) the insertion of the following subsection after subsection (5):

• “(5A) A person who, without reasonable cause, fails or refuses to furnish evidence requested by the registrar under subsection (1A) or (3)(ba) of section 19, or subsection (1A) or (2)(ba) of section 37 is guilty of an offence.”,

and

• (b) in subsection (8), the insertion of “22(1B)(ii), 22(3A),” after “19(3),”.

33. Amendment of section 70 of Principal Act

33. Section 70 of the Principal Act is amended in subsection (2) by the insertion of “(5A),” after “(5),”.

34. Amendment of First Schedule to Principal Act

34. (1) The First Schedule to the Principal Act is amended in Part 5 by the deletion of “or age last birthday” after “Date of birth”.

• (2) The amendment of the First Schedule effected by subsection (1) also applies in respect of a death that occurred but was not registered prior to the commencement of the subsection as it applies in respect of a death that occurred after that commencement.

PART 3 Miscellaneous Amendments

35. Amendment of Immigration Act 2003

35. Section 8 of the Immigration Act 2003 is amended in subsection (2) by the insertion of “or the Civil Registration Act 2004” after “Social Welfare Acts”.

36. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

36. Section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 is amended by the insertion of the following subsections after subsection (1):

• “(1A) For the purposes of subsection (1), a legal relationship entered into in an embassy or diplomatic mission of a state under the laws of that state shall be deemed to have been entered into in that state.

• (1B) Subsection (1A) shall not apply to a legal relationship entered into in an embassy or diplomatic mission in the State on or after 1 January 2011.”