S.I. No. 150/1935 - Register of Nationals Regulations, 1935.


STATUTORY RULES AND ORDERS. 1935. No. 150.

REGISTER OF NATIONALS REGULATIONS, 1935.

WHEREAS it is enacted by subsection (1) of Section 26 of the Irish Nationality and Citizenship Act, 1935 , (No. 13 of 1935), that the Minister for External Affairs shall cause to be kept in every legation and consulate a register to be called and known as the register of nationals:

AND WHEREAS it is enacted by subsection (2) of the said Section 26 that the name—

(a) of every person who is a citizen of Saorstát Eireann and is residing either temporarily or permanently in a country in which a register of nationals is kept, and

(b) of every person permanently resident in a country in which a register of nationals is kept whose right to be deemed a natural-born citizen of Saorstát Eireann is under the said Act conditional upon registration in the register of nationals or in the general register of nationals,

shall be registrable, in accordance with regulations made under the said Section 26, in the register of nationals kept in the legation (if any) or any consulate (if any) in the country in which he is so resident:

AND WHEREAS it is enacted by subsection (3) of the said Section 26 that from time to time, but not less than once in every year, there shall be transmitted, in accordance with regulations made under that section, from every legation and every consulate to the Minister for External Affairs a copy of every entry (if any) made in the register of nationals kept in such legation or consulate of which a copy was not previously so transmitted to the said Minister:

AND WHEREAS it is enacted by subsection (5) of the said Section 26 that the Minister for External Affairs may by order make regulations in respect of all or any of the following matters, that is to say:—

(a) the form of the register of nationals and the officer by whom and the manner generally in which such register is to be kept;

(b) the persons by whom and the manner in which names may be registered in the register of nationals;

(c) the particulars to be entered in the register of nationals in respect of every name registered therein;

(d) the inspection of registers of nationals by members of the public;

(e) the furnishing to members of the public of copies of entries in registers of nationals and the authentication of such copies;

( f) the transmission in pursuance of this section of copies of entries in the register of nationals to the Minister for External Affairs;

(g) with the consent of the Minister for Finance, the fees (if any) to be charged for the registration of names in a register of nationals, for the inspection of entries in such register, and for copies of entries in such register:

NOW, THEREFORE, the Minister for External Affairs in exercise of the powers conferred on him by subsection (5) of Section 26 of the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), and of every and any other power him in this behalf enabling, hereby, with the consent, in so far as these Regulations relate to fees, of the Minister for Finance, testified by his official seal annexed hereto, orders and makes the following Regulations, that is to say:—

1. These Regulations may be cited as the Register of Nationals Regulations, 1935.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these Regulations the expression " the registrar " means—

(a) in relation to a legation, the head of such legation,

(b) in relation to a consulate, the consul.

4.—(1) Every register of nationals shall be in the form set forth in the Schedule hereto.

(2) The register of nationals shall be kept by the registrar.

5.—(1) The name of every person which is, by virtue of subsection (2) of Section 26 of the Irish Nationality and Citizenship Act, 1935 , registrable in the register of nationals kept in the legation (if any) or consulate (if any) of the country in which he is resident shall, at the request of such person (or, if such person is a minor, at the request of either parent of such minor, or any person present at the birth or having charge of such minor), and upon the production of satisfactory evidence, be registered in such register, and may be so registered by

(a) in the case of a legation, the registrar or any member of the diplomatic staff thereof duly authorised in that behalf by the registrar, or

(b) in the case of a consulate, by the registrar or any member of the staff of the consulate duly authorised in that behalf by the registrar.

(2) Every person authorised by or under this regulation to register names of persons in a register of nationals shall, after entering in such register in respect of any person the particulars required by these Regulations to be entered therein, sign such register in the appropriate place.

6. The particulars to be entered in the register of nationals in respect of names registered therein shall be the particulars signified with regard to the respective classes of registrable persons at the head of the relevant columns of the form of register of nationals set out in the Schedule hereto.

7.—(1) The fee to be charged for the registration in the register of nationals of the name of a person who is a citizen of Saorstát Eireann shall be two shillings and sixpence.

(2) The fee to be charged for the registration in the register of nationals of the name of a person whose right to be deemed a natural-born citizen of Saorstát Eireann is conditional upon registration in such register or in the general register of nationals shall be one pound.

8. Any person may on payment of a fee of one shilling inspect at any legation or consulate, during the hours at which such legation or consulate is open for the transaction of business, the register of nationals kept therein.

9.—(1) Any person whose name has been registered in a register of nationals may at the date of such registration obtain a copy ofthe relevant entry upon payment of a fee of one shilling.

(2) Any person may obtain a copy of any entry in a register of nationals at any time subsequent to the date on which such entry is made upon payment of a fee of two shillings and sixpence.

10. Every copy of an entry in a register of nationals issued under Regulation 9 of these Regulations shall be authenticated as follows, that is to say, such copy shall be certified to be a true copy of such entry by a person authorised by or under Regulation 5 of these Regulations to register names of persons in such register.

11. Copies in triplicate of all entries made in each week in the register of nationals kept at a legation or consulate shall at the end of that week be transmitted by the registrar to the Minister for External Affairs.

Given under the Official Seal of the Minister for

External Affairs, this 30th day of May, 1935.

J. P. WALSHE, Secretary,

Department of External Affairs.

The Minister for Finance consents to the foregoing regulations in so far as the same relate to fees.

Given under the Official Seal of the Minister for

Finance, this 1st day of June, 1935.

J. J. McELLIGOTT, Secretary,

Department of Finance.