S.I. No. 666/2010 - Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th January, 2011.

The Minister for Social Protection, in exercise of the powers conferred on him by sections 3 and 59B(5) (inserted by Section 16 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010)) of the Civil Registration Act 2004 (No. 3 of 2004), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010.

(2) These Regulations come into operation on 1 January 2011.

2. In these Regulations—

“Act” means the Civil Registration Act 2004 (No. 3 of 2004);

“notification” means the notification referred to in section 59B(1)(a) of the Act.

3. For the purposes of section 59B(5) of the Act, the following circumstances are, subject to Regulations 4 and 5, prescribed:

(a) the registrar is satisfied that a party, or both of the parties, to an intended civil partnership 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 59B (5) of the Act; or

(b) the registrar is satisfied that a party, or both of the parties, to an intended civil partnership is, or are, on the grounds of ill-health, unable to comply with section 59B(5) of the Act and is, or are, certified accordingly by a registered medical practitioner.

4. Where a circumstance prescribed in paragraph (a) or (b) of Regulation 3 applies to both of the parties to an intended civil partnership, the notification shall be delivered, by post, facsimile or electronic means to the registrar.

5. Where a circumstance prescribed in paragraph (a) or (b) of Regulation 3 applies to only one party to an intended civil partnership, the other party to the intended Civil Partnership shall deliver the notification on behalf of both parties, in person, to the registrar.

GIVEN under my Official Seal,

31 December 2010.

ÉAMON Ó CUÍV,

Minister for Social Protection.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to allow, in certain circumstances, an exemption to either or both parties to an intended civil partnership from the requirement to deliver the notification of the intended civil partnership to a registrar in person.