Civil Law (Presumption of Death) Act 2019
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Part 5B of Act of 2004 | ||
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15. The Act of 2004 is amended by the insertion of the following Part after Part 5A: | ||
“PART 5B | ||
Registration of Presumed Deaths | ||
Interpretation | ||
44F. In this Part— | ||
‘Court’ shall be construed in accordance with section 10 of the Act of 2019; | ||
‘register’ means the register of presumed deaths. | ||
Application of Part | ||
44G. (1) This Part applies to a presumed death where a presumption of death order has been made under section 5 of the Act of 2019. | ||
(2) Parts 5 and 5A shall not apply to a presumed death to which this Part applies. | ||
Furnishing of particulars of presumed death by a court to registrar | ||
44H. (1) Where, in accordance with section 5 (3) of the Act of 2019, a Court makes a presumption of death order, the Court concerned shall give to an tArd-Chláraitheoir a copy of the presumption of death order, together with the required particulars contained in Part 5B of the First Schedule that are available to the Court, and he or she shall register the presumed death, or cause it to be registered. | ||
(2) Where there is an error in an order furnished under subsection (1) the Court concerned may give to an tArd-Chláraitheoir a further order correcting the error, and he or she shall correct the error in the register, or cause it to be corrected. | ||
(3) Where a variation order is made by a Court under section 8 (3) of the Act of 2019, the Court concerned shall, in an appropriate case, give a copy of the variation order to an tArd-Chláraitheoir, and he or she shall remove the original entry from the register or make such adjustment to that entry as may be required by the variation order, or cause it to be so removed or adjusted. | ||
(4) Where a body has been recovered and— | ||
(a) the body is that of a person for whom an entry has been made in the register, and | ||
(b) an entry has been made in the register of deaths in respect of the recovered body or an entry has been made in the record of deaths abroad in respect of the recovered body, | ||
an tArd-Chláraitheoir shall remove the original entry from the register, or cause it to be removed.”. |