Reform history

## PART 1 Preliminary and General

(2) The Civil Registration Acts 2004 to 2013 and this Act may be cited together as the Civil Registration Acts 2004 to 2014.

(3) This Act, other than *subsection (2)* of *section 19* and *subsection (2)* of *section 26*, shall come into operation on such day or days as the Minister for Social Protection 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 provisions.

**2.** In this Act “Principal Act” means the Civil Registration Act 2004.

## PART 2 Amendment of Principal Act

**3.** Section 2 of the Principal Act is amended by—

“(g) the civil partnership would constitute a civil partnership of convenience.”

**4.** Section 17 of the Principal Act is amended by the insertion of the following subsections after subsection (6):

(6D) The Superintendent Registrar, with the consent of the Executive, may in writing revoke a designation under subsection (6A).”

**5.** Section 19 of the Principal Act is amended by—

“(aa) in so far as it relates to a child who makes a request under section 22(2)(d) or 23A(1), the child,”.

**6.** (1) Section 22 of the Principal Act is amended by—

(2) The amendments of section 22 of the Principal Act effected by *subsection (1)* shall not apply in relation to the registration of a birth where that birth occurs before the commencement of that subsection.

**7.**(1) The Principal Act is amended by the substitution of the following section for section 23:

(2) The amendment of section 23 of the Principal Act effected by *subsection (1)* shall not apply to the re-registration of a birth where the birth occurs before the commencement of that subsection.

**8.** The Principal Act is amended by the insertion of the following section after section 23:

(7) When a birth is re-registered under this section, the then existing entry relating to the birth shall be retained in the register.”

**9.** The Principal Act is amended by the insertion of the following section after section 25:

(6) Where the surname of the child is entered in the register under subsection (4), the existing entry in the register regarding the birth shall be retained in the register, the addition of the surname shall be deemed for all purposes to be and always to have been part of the original entry, and the surname so entered in the register may not be further changed, altered or added to.”

**10.** Section 28 of the Principal Act is amended in subsection (1) by the deletion of “, not later than 12 months from the date of the stillbirth”.

**11.** Section 37 of the Principal Act is amended by—

‘religious superior’ in relation to a deceased person who was a member of a religious body within the meaning of section 45 living as a member of the religious body in an order or community, means the person in charge of the order or community in which the deceased person resided prior to his or her death.”

**12.** The Principal Act is amended by the insertion of the following section after section 42:

(2) The duty imposed on a registered medical practitioner under subsection (1) is in addition to, and not in substitution for, a duty or obligation imposed on a person under section 37.”

**13.** The Principal Act is amended by the insertion of the following Part after Part 5:

contain an error of fact, he or she may correct the error concerned and, as necessary, notify the person having an interest in the matter or furnish, under section 44D, evidence of the entry of the death as amended.”

**14.** Section 45 of the Principal Act is amended by the insertion of the following definition:

“ ‘place that is open to the public’ has the meaning given by section 51(2A);”.

**15.** Section 46 of the Principal Act is amended by—

“(3A) Where one or each of the persons notifying the registrar under this section is a foreign national, the notification or copy of the court order shall be accompanied by such documents and information as may be specified by an tArd-Chláraitheoir regarding the immigration status of the foreign national concerned or any other matter relating to that foreign national referred to at section 58(4C).”

**16.**Section 51 of the Principal Act is amended by the insertion of the following subsection after subsection (2):

(b) a courtyard, garden, yard, field or piece of ground that is open to the public and lying near to and usually enjoyed with the building referred to in paragraph (a).”

**17.**Section 52 of the Principal Act is amended by the insertion of the following subsection after subsection (2):

“(2A) In this section a reference to a place means a place that is open to the public.”

**18.** Section 58 of the Principal Act is amended by—

“(7A) Where a Superintendent Registrar decides under subsection (7), in a case referred to him or her under subsection (4A) that a marriage would constitute a marriage of convenience he or she shall, as soon as practicable after making that decision, notify the Minister for Justice and Equality.”

**19.** (1) The Principal Act is amended by the insertion of the following section after section 58:

(c)*Subsection (1)* shall not operate to validate a marriage in relation to which the registrar, before the coming into operation of *subsection (1)*, records, under this subsection, the intention of the parties that it shall not be so validated.

**20.** Section 59A of the Principal Act is amended by the insertion of the following definition:

“ ‘place that is open to the public’ has the meaning given by section 59D(1A);”.

**21.** Section 59B of the Principal Act is amended by—

“(6A) Where one or each of the persons notifying the registrar under this section is a foreign national, the notification or copy of the court order shall be accompanied by such documents and information as may be specified by an tArd-Chláraitheoir regarding the immigration status of the foreign national concerned or any other matter relating to that foreign national referred to at section 59F(4C).”

**22.** Section 59C of the Principal Act is amended by the substitution in subsection (4) of “from the date of the intended civil partnership specified in the form and if” for “from the date on which it is completed. If”.

**23.** Section 59D of the Principal Act is amended by—

(b) in paragraph (c) of subsection (6), by the deletion of “give the parties a copy of the form referred to in paragraph (a),”.

**24.**Section 59E of the Principal Act is amended by the insertion of the following subsection after subsection (4):

“(5) In this section a reference to a place means a place that is open to the public.”

**25.** Section 59F of the Principal Act is amended by—

“(8A) Where a Superintendent Registrar decides under subsection (8), in a case referred to him under subsection (4A) that a civil partnership would constitute a civil partnership of convenience he or she shall, as soon as practicable after making that decision, notify the Minister for Justice and Equality.”

**59IA.** (1) This section applies to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State.

(c)*Subsection (1)* shall not operate to validate a civil partnership in relation to which the registrar, before the coming into operation of *subsection (1)* , records, under this subsection, the intention of the parties that it shall not be so validated.

**27.** Section 61 of the Principal Act is amended by—

“(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.** Section 64 of the Principal Act is amended by—

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

(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

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

and

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

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

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

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

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

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

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

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

**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”.

## PART 3 Miscellaneous Amendments

**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.** 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.”