Civil Registration Act 2004

Staff of authorities.

17.—(1) Subject to the provisions of this section, an authority, after consultation with an tArd-Chláraitheoir, shall appoint—

(a) a chief officer who shall be known as the Superintendent Registrar,

(b) such number of registrars of births, stillbirths, deaths and marriages, and

(c) such number of other officers,

as it considers necessary for the purpose of the performance of its functions.

(2) The appointment of a person under subsection (1) to an office referred to in paragraph (b) or (c) of that subsection shall be in accordance with any relevant provisions of the scheme of the authority concerned.

(3) The Superintendent Registrar of an authority shall manage, control and administer the Civil Registration Service on behalf of and subject to the control and directions of the authority in its functional area and shall perform such other functions in relation to the Civil Registration Service as may from time to time be specified in writing to him or her by the authority.

(4) A registrar shall have and perform in the functional area of the authority by which he or she was appointed functions corresponding as nearly as may be to those standing conferred immediately before the commencement of this section on a registrar appointed under the repealed enactments and any other functions conferred on him or her by or under this Act (including a scheme made by the authority by which he or she was appointed).

(5) A registrar or an authorised officer shall, in the performance of his or her functions, be subject to the supervision of the Superintendent Registrar of the authority by which the registrar or officer was appointed and shall comply with any directions given to him or her under subsection (6).

(6) A Superintendent Registrar of an authority may give a direction to a registrar appointed by the authority or to an authorised officer of the authority.

(7) The Minister may, by regulations, confer on registrars such (if any) additional functions as he or she considers appropriate for the purposes of this Act.

(8) Subject to subsection (9), a registrar or other officer appointed after the commencement of this section shall hold office upon such terms and conditions as may be determined by the authority concerned at the time of the appointment.

(9) An officer of an authority (including its Superintendent Registrar and a registrar) may be removed from office by the authority if, in its opinion, the officer is incapable by reason of ill health of performing his or her functions or has committed stated misbehaviour or his or her removal from office appears to the authority to be necessary for the effective performance of the functions of the office.

(10) (a) An authority may appoint officers of the authority to be authorised officers either, as may be specified in the instrument of appointment, for the purposes of this Act or for the purposes of specified provisions of this Act.

(b) An authorised officer, when exercising a power under this Act shall, if so requested by a person affected, produce to the person evidence in writing of his or her appointment as an authorised officer.

(11) A person holding office as a registrar of births, stillbirths, deaths and marriages immediately before the commencement of this section shall, upon such commencement, be deemed to have been appointed under this section as a registrar upon terms and conditions equivalent to those upon which he or she held the office aforesaid immediately before such commencement.

(12) A reference in any statute passed before the commencement of this section or in any instrument made under such a statute to a Superintendent Registrar or a registrar of births, stillbirths, deaths and marriages shall be construed as a reference to a Superintendent Registrar appointed under this section or a registrar, as the case may be, and, accordingly, a function standing vested in Superintendent Registrars or registrars of births, stillbirths, deaths and marriages immediately before such commencement under a provision of such a statute or instrument that continues in force after such commencement shall, upon such commencement, stand vested in Superintendent Registrars appointed under this section or registrars, as the case may be, and may be performed by, such a Superintendent Registrar or by a registrar, as the case may be.

(13) In this section “registrar” means a registrar of births, stillbirths, deaths and marriages appointed under this section.