S.I. No. 744/2007 - Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007
DELIVERY OF NOTIFICATION OF INTENTION TO MARRY (PRESCRIBED CIRCUMSTANCES) REGULATIONS 2007 |
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Notice of the making of this Statutory Instrument was published in |
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“Iris Oifigiúil” of 13th November, 2007. |
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I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by sections 3, 46 and 67 of the Civil Registration Act 2004 (No. 3 of 2004), make the following regulations: |
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1. (1) These Regulations may be cited as the Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007. |
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(2) These Regulations come into operation on 5 November 2007. |
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2. In these Regulations- |
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“Act” means the Civil Registration Act 2004 (No. 3 of 2004); |
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“notification” means the notification referred to in section 46(1)(a)(i) of the Act. |
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3. For the purposes of section 46(2) of the Act, the following circumstances are, subject to Regulations 4 and 5, prescribed: |
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(a) the registrar is satisfied that a party, or both of the parties, to an intended marriage is, or are, resident outside the State and that, having regard to all the circumstances, it would not be reasonable or practicable for that party or those parties, to comply with section 46(2) of the Act; or |
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(b) the registrar is satisfied that a party, or both of the parties, to an intended marriage is, or are, on the grounds of ill-health, unable to comply with section 46(2) of the Act and is, or are, certified accordingly by a registered medical practitioner. |
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4. Where a circumstance prescribed in paragraph (a) or (b) of Regulation 3 applies to one party or both of the parties to an intended marriage, that party or those parties shall deliver the notification, by registered post, to the registrar. |
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5. Where a circumstance prescribed in paragraph (a) or (b) of Regulation 3 applies to only one party to an intended marriage, the other party to the intended marriage shall deliver the notification, in person, to the registrar. |
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GIVEN under my Official Seal, |
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2 November 2007 |
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MARY HARNEY. |
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Minister for Health and Children. |
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EXPLANATORY NOTE |
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(This note is not part of the Instrument and does not purport to be a legal interpretation.) |
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The effect of this Order is to allow, in certain circumstances, an exemption to either or both parties to an intended marriage from the requirement to deliver the notification of the intended marriage to a registrar of marriages in person. |