S.I. No. 739/2007 - Register of Marriages (Correction of Errors) Regulations 2007
REGISTER OF MARRIAGES (CORRECTION OF ERRORS) REGULATIONS 2007 | ||
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 13th November, 2007. | ||
I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 3 and 49 of the Civil Registration Act 2004 (No. 3 of 2004) hereby make the following regulations: | ||
1. (1) These Regulations may be cited as the Register of Marriages (Correction of Errors) Regulations 2007. | ||
(2) These Regulations come into operation on 5 November 2007. | ||
2. An tArd Chláraitheoir shall— | ||
(a) approve the form in which an application under these Regulations is to be made, | ||
(b) specify the procedures to be applied to the correction of clerical errors in the register including the matters in respect of which a Superintendent Registrar shall consider an application and the form of the correction to be made, and | ||
(c) approve the form of the statutory declaration referred to in Regulation 5(1)(b). | ||
3. (1) Where a person is of the opinion that there is an error in an entry in the register and that person— | ||
(a) has an interest in the correction of the error in an entry in the register, | ||
or | ||
(b) acts on behalf of a person referred to in pargraph (a), | ||
he or she may make an application to correct that error to the Superintendent Registrar for the registration area within which the marriage was solemnized. | ||
(2) An application under paragraph (1) shall— | ||
(a) be made in writing, | ||
(b) be made in the form for the time being approved by An tArd Chláraitheoir, and | ||
(c) if the application concerns an error of fact in an entry in the register, be accompanied by evidence and a statutory declaration referred to in Regulation 6(1)(b). | ||
4. (1) Where the Superintendent Registrar is satisfied that there is a clerical error in an entry in the register, he or she shall direct a registrar to enter a corrected entry in the register. | ||
(2) A registrar to whom a direction under paragraph (1) has been made shall comply with that direction. | ||
(3) A registrar who, in respect of a clerical error in an entry in the register, enters a corrected entry in the register shall comply with the procedures specified under Regulation 2(b). | ||
(4) Notwithstanding that a clerical error in an entry is corrected in accordance with paragraph (1), the entry containing the clerical error shall be retained in the register. | ||
5. (1) Where an application to correct an error in an entry in the register concerns an error of fact, the person making the application shall provide the Superintendent Registrar with— | ||
(a) evidence relating to the application to correct the error in the entry, and | ||
(b) a statutory declaration of the facts relating to the entry made by— | ||
(i) a party, or both parties, to the marriage to which the entry refers, | ||
(ii) the registered solemniser who solemnised the marriage or if the registered solemniser was a member of a body, an officer of the body on whose application, under section 54 of the Civil Registration Act 2004 (No. 3 of 2004) the registered solemniser was registered, or | ||
(iii) a witness, or both witnesses, to the marriage, | ||
or if a person referred to in sub-paragraphs (i) to (iii) cannot be found or is dead, 2 persons who have knowledge of the facts relating to the entry shall each make a statutory declaration of those facts. | ||
(2) The Superintendent Registrar may request such further evidence, including documents and information, as, in the opinion of the Superintendent Registrar is necessary for an application referred to in paragraph (1). | ||
(3) A statutory declaration made for the purpose of paragraph (1)(b) shall be made in a form approved by An tArd Chláraitheoir. | ||
(4) Where a Superintendent Registrar is satisfied that there is an error of fact in an entry in the register, he or she shall direct a registrar— | ||
(a) to correct that error by entering a corrected entry in the register, and | ||
(b) to retain the original entry in the register. | ||
(5) A registrar to whom a direction under paragraph (4) is made shall comply with that direction. | ||
6. (1) Where in an application referred to in Regulation 5 the Superintendent Registrar is satisfied that none of the persons referred to in Regulation 5(1)(b) are available to make a statutory declaration required under Regulation 5(1)(b), the Superintendent Registrar may request An tArd Chláraitheoir to make a direction in respect of the application. | ||
(2) An tArd Chláraitheoir may, if he or she considers that it is appropriate to do so having regard to all the circumstances, direct the Superintendent Registrar to cause a corrected entry to be entered, and for the original entry to be retained, in the register. | ||
(3) Where a direction is made under paragraph (2), the Superintendent Registrar shall direct a registrar to comply with the direction. | ||
(4) A registrar to whom a direction is made under paragraph (3) shall comply with that direction. | ||
| ||
GIVEN under my Official Seal, | ||
2 November 2007 | ||
MARY HARNEY. | ||
Minister for Health and Children. | ||
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 for the correction of errors in the Register of Marriages. |