Family Law (Miscellaneous Provisions) Act, 1997

Amendment of Act of 1995.

2.—(1) Section 32 of the Act of 1995 is hereby amended by—

(a) the insertion of the following subsection before subsection (5):

“(5) (a) Where the Registrar receives a notification under subsection (1)—

(i) the health board in whose functional area the District of the Registrar is situated shall pay to the Registrar a fee of such amount as may stand specified for the time being by regulations under subsection (4), and

(ii) if the District of the Registrar is situated in the functional area of more than one health board, each health board concerned shall pay to the Registrar so much of the fee aforesaid as is proportionate to the part of the District aforesaid in the functional area of that board.”,

and

(b) the substitution of the following subsection for subsection (5):

“(6) In this section—

‘the Act of 1844’ means the Marriages (Ireland) Act, 1844;

‘the Act of 1863’ means the Registration of Marriages (Ireland) Act, 1863 ;

‘District’ means a District formed under the Act of 1844 or the Act of 1863, as may be appropriate;

‘the Registrar’—

(a) in relation to a marriage to which section 11 of the Act of 1863 applies, means the Registrar appointed under section 10 of that Act for the District in which the marriage is intended to be solemnised or a person authorised by that Registrar to act on his or her behalf, and

(b) in relation to any other marriage, means the Registrar appointed under section 57 of the Act of 1844 for the District in which the marriage is intended to be solemnised or a person authorised by that Registrar to act on his or her behalf.”.

(2) Section 38 of the Act of 1995 is hereby amended by the substitution of the following subsection for subsection (4):

“(4) The jurisdiction conferred on the Circuit Family Court by this Act may be exercised—

(a) in the case of an application under section 33, by the judge of any circuit, and

(b) in any other case, by the judge of the circuit in which any of the parties to the proceedings ordinarily resides or carries on any business, profession or occupation.”.

(3) Subsection (1) of this section shall be deemed to have come into operation upon the commencement of section 32 of the Act of 1995.