S.I. No. 667/2010 - Civil Registration (Delivery of Notification of Intention to Marry) (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 46 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 Marry) (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 46(1)(a)(i) of the Act.

3. For the purposes of section 46(2) 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 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

(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.

4. Where a circumstance prescribed in paragraph (a) or (b) of Regulation 3 applies to both of the parties to an intended marriage, 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 marriage, the other party to the intended marriage shall deliver the notification on behalf of both parties, in person, to the registrar.

6. The Delivery of Notification of Intention to Marry (Prescribed Circumstances) Regulations 2007 ( S.I. No. 744 of 2007 ) are hereby revoked.

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 make minor textual amendments to the regulations which 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. The amendments have been made in the interests of clarity regarding the required procedures involved.