Notice of the making of this Statutory Instrument was published in |
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"Iris Oifigiúil" of 11th January, 2011. |
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The Minister for Social Protection, in exercise of the powers conferred on him by sections 3 and 49 of the Civil Registration Act 2004 (No. 3 of 2004) hereby makes the following Regulations: |
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1. (1) These Regulations may be cited as the Civil Registration (Register of Marriages) (Correction of Errors) Regulations 2010. |
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(2) These Regulations come into operation on 1 January 2011. |
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2. An tArd Chlaráitheoir shall- |
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(a) approve the form in which an application under these Regulations is to be made, |
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(b) specify the procedures to be applied to the correction of clerical errors in the register including the matters in respect of which a Superintendent Registrar shall consider an application and the form of the correction to be made, and |
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(c) approve the form of the statutory declaration referred to in Regulation 5(1)(b). |
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3. (1) Where a person is of the opinion that there is an error in an entry in the register and that person- |
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(a) has an interest in the correction of the error in an entry in the register, or |
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(b) acts on behalf of a person referred to in paragraph (a), |
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he or she may make an application to correct that error to the Superintendent Registrar for the registration area within which the marriage was solemnized. |
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(2) An application under paragraph (1) shall- |
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(a) be made in writing, |
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(b) be made in the form for the time being approved by An tArd Chláraitheoir, and |
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(c) if the application concerns an error of fact in an entry in the register, be accompanied by evidence and a statutory declaration referred to in Regulation 5(1)(b). |
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4. (1) Where the Superintendent Registrar is satisfied that there is a clerical error in an entry in the register, he or she shall direct a registrar to enter a corrected entry in the register. |
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(2) A registrar to whom a direction under paragraph (1) has been made shall comply with that direction. |
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(3) A registrar who, in respect of a clerical error in an entry in the register, enters a corrected entry in the register shall comply with the procedures specified under Regulation 2(b). |
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(4) Notwithstanding that a clerical error in an entry is corrected in accordance with paragraph (1), the entry containing the clerical error shall be retained in the register. |
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5. (1) Where an application to correct an error in an entry in the register concerns an error of fact, the person making the application shall provide the Superintendent Registrar with- |
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(a) evidence relating to the application to correct the error in the entry, and |
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(b) a statutory declaration of the facts relating to the entry made by- |
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(i) a party, or both parties, to the marriage to which the entry refers, |
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(ii) the registered solemniser who solemnised the marriage or if the registered solemniser was a member of a body, an officer of the body on whose application, under section 54 of the Civil Registration Act 2004 (No. 3 of 2004) the registered solemniser was registered, or |
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(iii) a witness, or both witnesses, to the marriage, |
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or if a person referred to in sub-paragraphs (i) to (iii) cannot be found or is dead, 2 persons who have knowledge of the facts relating to the entry shall each make a statutory declaration of those facts. |
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(2) The Superintendent Registrar may request such further evidence, including documents and information, as, in the opinion of the Superintendent Registrar is necessary for an application referred to in paragraph (1). |
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(3) A statutory declaration made for the purpose of paragraph (1)(b) shall be made in a form approved by An tArd Chláraitheoir. |
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(4) Where a Superintendent Registrar is satisfied that there is an error of fact in an entry in the register, he or she shall direct a registrar- |
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(a) to correct that error by entering a corrected entry in the register, and |
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(b) to retain the original entry in the register. |
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(5) A registrar to whom a direction under paragraph (4) is made shall comply with that direction. |
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6. (1) Where in an application referred to in Regulation 5 the Superintendent Registrar is satisfied that none of the persons referred to in Regulation 5(1)(b) are available to make a statutory declaration required under Regulation 5(1)(b), the Superintendent Registrar may request An tArd Chlaráitheoir to make a direction in respect of the application. |
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(2) An tArd Chlaráitheoir may, if he or she considers that it is appropriate to do so having regard to all the circumstances, direct the Superintendent Registrar to cause a corrected entry to be entered, and for the original entry to be retained, in the register. |
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(3) Where a direction is made under paragraph (2), the Superintendent Registrar shall direct a registrar to comply with the direction. |
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(4) A registrar to whom a direction is made under paragraph (3) shall comply with that direction. |
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7. The Register of Marriages (Correction of Errors) Regulations 2007 ( S.I. No. 739 of 2007 ) are hereby revoked. |
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GIVEN under my Official Seal, |
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31 December 2010. |
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ÉAMON Ó CUÍV, |
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Minister for Social Protection. |
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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 correct a minor typographical error in the regulation governing the correction of errors in the Register of Marriages |