Civil Registration Act 2004

Corrections or cancellations of entries at request of Ard-Chláraitheoir or a registrar.

64.—(1) Where a registrar is satisfied that an entry made by him or her or another registrar in the register of births or the register of deaths contains an error of fact, he or she shall notify the Superintendent Registrar of the authority by which the registrar is employed of the error.

(2) When a Superintendent Registrar of any authority receives a notification under subsection (1), the Superintendent Registrar or a registrar of that authority, if so directed by the Superintendent Registrar, shall by notice in writing given to a qualified informant (within the meaning of Part 3 or 5, as the case may be) in relation to the birth or death concerned (“the person”) require him or her—

(a) to attend at the office of a registrar specified by the Superintendent Registrar or at the office of the registrar aforesaid, or at any other convenient place specified in the notice, within such time (not being less than 7 days from the date of the giving of the notice) as may be so specified, and

(b) to give to the registrar a statutory declaration specifying the error and, to the best of his or her knowledge and belief, the relevant facts,

and the person shall also give to the registrar such other information as the Superintendent Registrar or the registrar may reasonably require.

(3) When a person complies with subsection (2), the Superintendent Registrar, or the registrar, concerned may—

(a) correct the error concerned in the register of births or the register of deaths, as the case may be, or

(b) request a direction from an tArd-Chláraitheoir in relation to the matter.

(4) Where, pursuant to subsection (2), the Superintendent Registrar concerned is satisfied that, in relation to the error concerned, neither a person referred to in subsection (2) nor two other credible persons having knowledge of the facts concerned can be found, he or she may request an tArd-Chláraitheoir to give a direction under subsection (5) in relation to the matter.

(5) When an tArd-Chláraitheoir receives a request under subsection (3) or (4), he or she may, if he or she considers it appropriate to do so, direct the Superintendent Registrar, or the registrar, concerned to make, in such manner as he or she may specify, a correction of the error in the entry concerned in the register, and the direction shall be complied with and the original entry shall be retained in the register.

(6) Where an tArd-Chláraitheoir is satisfied that two or more entries have been made in a register maintained under section 13 in respect of the same event, he or she may direct a Superintendent Registrar, a registrar or an officer of an tArd-Chláraitheoir to cancel such of the entries as he or she may specify, and the direction shall be complied with and the cancelled entry or entries shall be retained in the register.

(7) Where an tArd-Chláraitheoir is satisfied that an entry in the register of marriages relates to—

(a) a marriage, one or both of the parties to which was or were under the age of 18 years at the time of the solemnisation of the marriage,

(b) a marriage, as respects which one or more of the requirements specified in subsections (1) and (2) of section 46 and subsections (1) to (3) of section 51 were not complied with, or

(c) a marriage to which there was an impediment,

an tArd-Chláraitheoir shall—

(i) direct a registrar to cancel the entry and the direction shall be complied with and the cancelled entry shall be retained in the register, and

(ii) notify the parties to the marriage, and the registered solemniser (within the meaning of Part 6), or the person temporarily authorised under section 57 , who solemnised the marriage of the direction.