Social Welfare (Miscellaneous Provisions) Act, 2002

SCHEDULE

Section 16.

Miscellaneous Amendments Effected by Section 16

PART 1

Amendment of Combat Poverty Agency Act, 1986

Item

Provision affected or inserted

Amendment

1

Section 7

Insert the following after subsection (8):

“(9) Members of the Agency may be paid, out of moneys at the disposal of the Agency, such remuneration (if any) and allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.”.

2

Section 8

Substitute the following for subsection (8):

“(8) A person shall not receive any remuneration for acting as a member of a committee appointed under subsection (7) of this section, but may be paid such travelling and subsistence allowances as are approved of by the Minister with the consent of the Minister for Finance.”.

PART 2

Amendment of Charities Act, 1961

Item

Provision affected or inserted

Amendment

1

Section 29 (as amended by section 8 of the Charities Act, 1973 , and section 52 of the Courts and Court Officers Act, 1995 )

(a) Substitute the following for subsection (2):

“(2) Whenever any of the circumstances specified in subsection (1) of section 47 exist in relation to any charitable gift, the Board, if they think fit, may by order frame a scheme for the application cy-près of the property comprised in the charitable gift,”.

(b) Substitute the following for subsection (4):

“(4) Where—

(a) a scheme for the application of a charitable gift has been framed by order of a Court, and

(b) circumstances exist in relation to the scheme, being circumstances whose existence in relation to a charitable gift would enable the property comprised in the gift to be applied cy-près,

the Board, if they think fit, may, for the application cy-près of the property comprised in the charitable gift, by order revoke the scheme and frame, in lieu thereof, a new scheme or revoke the scheme in part or otherwise amend the scheme.”.

2

Section 34 (as amended by section 11 of the Charities Act, 1973 )

(a) Insert the following after subsection (4):

“(4A) Every disposition being a lease authorised under subsection (1) shall be effected in such manner as the Board may approve and shall contain such covenants, conditions or other provisions, if any, as the Board shall require.”.

(b) In subsection (6), substitute the following for paragraph (d):

“(d) accepting a surrender of a lease or other contract of tenancy of it, or

(e) leasing it.”.

PART 3

Amendment of Health Contributions Act, 1979

Item

Provision affected or inserted

Amendment

1

Section 7A (as amended by section 38 of the Act of 1997)

Insert the following after subsection (2):

“(3) The Minister may make regulations providing that, subject to any conditions that may be prescribed, any health contributions deducted from a person under section 6 of this Act—

(a) in respect of any payment made by the person to a Personal Retirement Savings Account (within the meaning of section 29C (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Social Welfare (Consolidation) Act, 1993 ),

(b) in respect of any payment made by the person which is a qualifying premium under an annuity contract for the time being approved by the Revenue Commissioners under Chapter 2 of Part 30 of the Taxes Consolidation Act, 1997 , or

(c) in respect of any payment made by the person which is a contribution allowable under section 774 or 776 of the Taxes Consolidation Act, 1997 , as a deduction from emoluments in assessing those emoluments to income tax under Schedule E of that Act,

shall, in so far as relief from income tax is allowed in respect of the payment concerned, be repaid to that person.”.

PART 4

Amendment of Registration of Births and Deaths (Ireland) Act, 1863

Item

Provision affected or inserted

Amendment

1

Section 3

After the definition of “occupier”, insert the following definition:

“‘prescribed’ means prescribed by regulations made by the Minister for Health and Children.”.

2

Section 5

Substitute the following for section 5:

“Seal.

5.—(1) Oifig an tArd-Chláraitheora shall provide itself with a seal.

(2) The seal shall be authenticated by the signature of an tArd-Chláraitheoir or a member of his or her staff duly authorised by an tArd-Chláraitheoir to act in that behalf.

(3) Judicial notice shall be taken of the seal and every document purporting to be an instrument made by Oifig an tArd-Chláraitheora and to be sealed with the seal of Oifig an tArd-Chláraitheora (purporting to be authenticated in accordance with subsection (2) of this section) shall be received in evidence and be deemed to be such an instrument without proof unless the contrary is shown.”.

3

Section 30

Substitute the following for all of the words from “in one of the said register books” to the end of the provision:

“in a register referred to in section 30A (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) of this Act—

(a) the particulars required to be registered relating to a birth as specified in the Schedule (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) to the Registration of Births Act, 1996 , and

(b) the particulars required to be registered relating to a death as specified in the Fourth Schedule (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) to the Births and Deaths Registration Act (Ireland), 1880,

in the manner directed by an tArd-Chláraitheoir.”.

4

Sections 30A, 30B and 30C

Insert the following after section 30:

“Keeping of registers.

30A.—(1) An tArd-Chláraitheoir shall keep and maintain the registers referred to in section 30 of this Act, in any form, subject to their being capable of being converted into a legible form and being used to make a legible copy or reproduction of any entry in the registers.

(2) Every document purporting to be a copy of or extract from an entry in the registers kept under this section shall be received in evidence in any proceedings and shall, until the contrary is shown, be deemed to be a true copy of or extract from the entry and shall be evidence of the terms of the entry.

(3) Evidence of an entry in a register kept under this section may be given by production of a copy of the entry certified by an tArd-Chláraitheoir, an officer duly authorised to act in that behalf or a register and it shall not be necessary to produce the register itself.

(4) Reference in this section to a copy of an entry in a register kept under this section shall be read as including references to a legible copy or reproduction of the entry.

Reproduction of certified copies sent to An tArd-Chláraitheoir under section 48 of this Act.

30B.—(1) An tArd-Chláraitheoir may cause the certified copies of the entries made in the registers of births and deaths, received under section 48 of this Act, before the coming into operation of Item 5 of Part 4 of the Schedule to the Social Welfare (Miscellaneous Provisions) Act, 2002, to be reporduced in a non-legible form.

(2) Where a certified copy referred to in subsection (1) of this section becomes illegible, by reason of the deterioration of the certified copy or for any other reason, an tArd-Chláraitheoir shall cause the certified copy to be reproduced in a non-legible form.

(3) An tArd-Chláraitheoir shall make the certified copies reproduced under subsection (1) or (2) of this section available to registrars and superintendent registrars.

(4) In this section “reproduced in a non-legible form” includes reproduction of the certified copies of the entries in the registers by means of microfilm, microfiche, magnetic tape, diskette, compact disc or any other non-legible form (by electronic means or otherwise) which is capable of reproducing the certified copies in a permanent legible form.

Evidence in court proceedings, etc.

30C.—(1) A certified copy of an entry in a register reproduced in accordance with section 30B of this Act shall be deemed to be an entry in a register under this Act.

(2) In any proceedings a certificate signed by an tArd-Chláraitheoir, an officer duly authorised to act in that behalf or a registrar, stating that a certified copy of an entry in a register has been reproduced in accordance with section 30B of this Act shall be evidence of the fact of the making of the entry in the register under this Act and that the certified copy so reproduced attached to the certificate is a true copy of the entry in the register until the contrary is shown.

(3) A document purporting to be a certificate under subsection (2) of this section shall be deemed to be such a certificate without proof of the signature of the person purporting to sign the certificate or that such person was a proper person to so sign, until the contrary is shown.

(4) In any proceedings a certified copy of an entry reproduced in accordance with section 30B of this Act may be given in evidence and shall be prima facie evidence of any fact therein stated:

Provided that the court is satisfied as to the reliability of the system used to reproduce the certified copy and the entry in the register book on which it was based.”.

5

Sections 47 and 48

Repeal sections 47 and 48.

6

Section 50

Substitute the following for all of the words beginning with “and every person” to the end of that provision:

“and a person shall be entitled—

(a) to search those indexes in the form and manner, at the times and on payment of the fee or fees prescribed by the Minister for Health and Children in regulations made under section 4 (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 , and

(b) to obtain a certified copy of an entry or entries in those registers (other than the information specified in paragraphs 2(c), (h) and (l) of the Schedule (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) to the Registration of Births Act, 1996 , or in paragraph 2(e) of the Fourth Schedule (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) to the Births and Deaths Registration Act (Ireland), 1880) on payment of a fee of €5.08 in respect of each certified copy.”.

PART 5

Amendment of Births and Deaths Registration Act (Ireland),

Item

Provision affected or inserted

Amendment

1

Section 6 (as amended by the Registration of Births Act, 1996 )

Substitute “in the entry” for “in the informant's column of the entry”.

2

Section 8 (as amended by the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 )

Substitute “amend the register as directed by an tArd-Chláraitheoir to include the name mentioned in the certificate” for “forthwith enter in the proper column of the entry in the register book the name mentioned in the certificate”.

3

Section 21 (as amended by the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 )

Substitute “fit persons” for “a fit person” and “Assistant Registrars” for “Assistant Registrar”.

4

Section 25

Substitute the following for all of the words beginning with “every person” to the end of that provision:

“and on payment of the prescribed fee or fees, a person shall be entitled—

(a) to search—

(i) the indexes to the register books, and

(ii) any other indexes to the registers maintained by an tArd-Chláraitheoir,

and

(b) to obtain a certified copy of an entry or entries identified in any such register or register book (other than the information specified in paragraph 2(c), (h) and (l) of the Schedule (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) to the Registration of Births Act, 1996 , or in paragraph 2(e) of the Fourth Schedule (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) to the Births and Deaths Registration Act (Ireland), 1880).”.

5

Section 27

In subsection (3), substitute “in such manner as may be directed by an tArd-Chláraitheoir” for “by entry in the margin”.

6

Section 28 (as amended by the Births, Deaths and Marriages Registration Act, 1972 )

(a) Substitute the following for all of the words beginning with “such entry purports” to the end of paragraph (b):

“(a) in a case where it appears that not more than 12 months have so intervened, the fact that a statutory declaration has been made by a properly qualified informant has been noted in the register;

(b) in a case where more than 12 months have so intervened, the entry has been made with the authority of an tArd-Chláraitheoir and in accordance with the prescribed rules.”.

Section 28 (as amended by the Births, Deaths and Marriages Registration Act, 1972 ) contd.

(b) Designate section 28 as subsection (1) thereof and insert the following subsection:

“(2) Rules made under paragraph (b) of subsection (1) of this section that are in force immediately before the commencement of section 16 and Part 5 of the Schedule to the Social Welfare (Miscellaneous Provisions) Act, 2002, (insofar as those provisions apply to the said paragraph) shall continue in force after such commencement as if those rules were made under that paragraph as inserted by the said section 16 and the said Part 5 and may be amended or revoked accordingly.”.

7

Section 32

Repeal section 32.

8

Section 37 (as amended by the Registration of Births Act, 1996 )

Substitute “in the Fourth Schedule (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) to this Act” for “in the form in Schedule B, to the Principal Act”.

9

Fourth Schedule

Insert the following after the Third Schedule:

“FOURTH SCHEDULE

PARTICULARS OF DEATHS TO BE REGISTERED

1. Date and place of death.

2. In respect of the deceased person:

(a) forename(s), surname and address;

(b) date of birth or age;

(c) sex;

(d) occupation;

(e) personal public service number;

(f) marital status;

(g) occupation of person's spouse;

(h) occupation of person's parent(s) or guardian(s);

(i) cause of death;

(j) forename(s) and surname, signature, address and qualification of informant(s).

3. Date of registration.

4. Signature of Registrar.”.

PART 6

Amendment of Registration of Births Act, 1996

Item

Provision affected or inserted

Amendment

1

Section 1

(a) Substitute the following for subsection (4):

“(4) (a) Where a birth, the registration of which—

(i) took place on or after 1 October 1997 and before the coming into operation of section 16 and Item 1 of Part 6 of the Schedule to the Social Welfare (Miscellaneous Provisions) Act, 2002, or

(ii) takes place after the coming into operation of section 16 and Item 1 of Part 6 of the Schedule to the Social Welfare (Miscellaneous Provisions) Act, 2002,

is being re-registered under any of the enactments mentioned in subsection (2) of this section, the surname of the child shall be—

(I) that which has been so registered, or

(II) subject to subsection (3) of this section, the surname jointly agreed by the mother and father of the child.

(b) Subject to subsection (4A) of this section, a birth which has been re-registered under any of the enactments specified in subsection (2) of this section may not be further re-registered under the enactment concerned.

(4A) Where a birth, the registration of which took place on or after 1 October 1997, has been re-registered under any of the enactments mentioned in subsection (2) of this section before the commencement of section 16 and Item 1 of Part 6 of the Schedule to the Social Welfare (Miscellaneous Provisions) Act, 2002, an tArd-Chláraitheoir may, on the joint application of the mother and father of the child, made in the form for the time being approved by the Minister for that purpose, authorise a second re-registration of the birth under the relevant enactment for the purpose of changing the surname of the child to a surname, subject to subsection (3) of this section, jointly agreed by the mother and father of the child.”.

(b) In subsection (6), substitute “father of the child or, where applicable, the surname of the child re-registered in accordance with subsection (4)(a)(II) or (4A) of this section” for “father of the child”.

2

Schedule

Substitute the following for the Schedule:

“SCHEDULE

PARTICULARS OF BIRTHS TO BE REGISTERED

1. (a) Date and place of birth.

(b) The time of birth, in the case of a multiple birth.

2. In respect of the child:

(a) forename(s) and surname;

(b) sex;

(c) personal public service number;

(d) forename(s) if added after registration of birth and relevant date;

(e) mother's forename(s) and surname, address and occupation;

(f) mother's surname (as at birth);

(g) mother's date of birth;

(h) mother's personal public service number;

(i) father's forename(s) and surname, address and occupation;

(j) father's surname (as at birth);

(k) father's date of birth;

(l) father's personal public service number;

(m) forename(s) and surname, signature, address and qualification of informant(s).

3. Date of registration.

4. Signature of Registrar.”.

PART 7

Amendment of Marriages (Ireland) Act, 1844

Item

Provision affected or inserted

Amendment

1

Sections 67A and 67B

Insert the following after section 67:

“Reproduction of certified copies sent to An tArd-Chláraitheoir under section 67 of this Act.

67A.—(1) An tArd-Chláraitheoir may cause the certified copies of the entries made in the registers of marriages, received under section 67 of this Act, to be reproduced in a non-legible form.

(2) Where a certified copy referred to in subsection (1) of this section becomes illegible, by reason of the deterioration of the certified copy or for any other reason, an tArd-Chláraitheoir shall cause the certified copy to be reproduced in a non-legible form.

(3) An tArd-Chláraitheoir shall make the certified copies reproduced under subsection (1) or (2) of this section available to registrars and superintendent registrars.

(4) In this section ‘reproduced in a non-legible form’ includes reproduction of the certified copies of the entries in the registers by means of microfilm, microfiche, magnetic tape, diskette, compact disc or any other non-legible form (by electronic means or otherwise) which is capable of reproducing the certified copies in a permanent legible form.

Evidence in court proceedings, etc.

67B.—(1) A certified copy of an entry in a register reproduced in accordance with section 67A of this Act shall be deemed to be an entry in a register under this Act.

(2) In any proceedings a certificate signed by an tArd-Chláraitheoir, an officer duly authorised to act in that behalf or a registrar, stating that a certified copy of an entry in a register has been reproduced in accordance with section 67A of this Act shall be evidence of the fact of the making of the entry in the register under this Act and that the certified copy so reproduced attached to the certificate is a true copy of the entry in the register until the contrary is shown.

(3) A document purporting to be a certificate under subsection (2) of this section shall be deemed to be such a certificate without proof of the signature of the person purporting to sign the certificate or that such person was a proper person to so sign, until the contrary is shown.

(4) In any proceedings a certified copy of an entry reproduced in accordance with section 67A of this Act may be given in evidence and shall be prima facie evidence of any fact therein stated:

Provided that the court is satisfied as to the reliability of the system used to reproduce the certified copy and the entry in the register book on which it was based.”.

2

Section 68

Substitute the following for all of the words beginning with “shall at all reasonable times” to the end of that provision:

“shall allow searches to be made of such a register book in the form and manner, at the times and on payment of the fee or fees prescribed by the Minister for Health and Children in regulations made under section 4 (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 , and shall give a certified copy of an entry or entries in such a register book on payment of a fee of €5.08 in respect of each certified copy.”.

3

Section 69

Substitute the following for all of the words beginning with “and every person” to the end of that provision:

“and a person shall be entitled to search those indexes in the form and manner, at the times and on payment of the fee or fees prescribed by the Minister for Health and Children in regulations made under section 4 (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 , and to obtain a certified copy of an entry or entries in the certified copies of the entries in those registers reproduced under section 67A (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) of this Act on payment of a fee of €5.08 in respect of each certified copy.”.

4

Section 70

Substitute the following for section 70:

“Indexes to be kept in Oifig an tArd-Chláraitheora, searches allowed and certified copies given.

70.—An tArd—Chláraitheoir shall cause indexes of all the said certified copies of the registers to be made and kept in Oifig an tArd-Chláraitheora; and a person shall be entitled to search those indexes in the form and manner, at the times and on payment of the fee or fees prescribed by the Minister for Health and Children in regulations made under section 4 (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 , and to obtain a certified copy of an entry or entries in the certified copies of the entries in those registers reproduced under section 67A (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) of this Act on payment of a fee of €5.08 in respect of each certified copy.”.

5

Section 71

Substitute the following for section 71:

“Seal.

71.—(1) Oifig an tArd-Chláraitheora shall provide itself with a seal.

(2) The seal shall be authenticated by the signature of an tArd-Chláraitheoir or a member of his or her staff duly authorised by an tArd-Chláraitheoir to act in that behalf.

(3) Judicial notice shall be taken of the seal and every document purporting to be an instrument made by Oifig an tArd-Chláraitheora and to be sealed with the seal of Oifig an tArd-Chláraitheora (purporting to be authenticated in accordance with subsection (2) of this section) shall be received in evidence and be deemed to be such an instrument without proof unless the contrary is shown.”.

PART 8

Amendment of Registration of Marriages (Ireland) Act, 1863

Item

Provision affected or inserted

Amendment

1

Section 3

Repeal section 3.

2

Section 7

Substitute “for the purposes of this Act, except in the case of those districts in respect of which the Minister considers it expedient that the number and boundaries of those districts be altered for the purposes of this Act” for “for the purposes of this Act”.

3

Sections 15A and 15B

Insert the following after section 15:

“Reproduction of certified copies sent to An tArd-Chláraitheoir under section 15 of this Act.

15A.—(1) An tArd-Chláraitheoir may cause the certified copies of the entries made in the registers of marriages, received under section 15 of this Act, to be reproduced in a non-legible form.

(2) Where a certified copy referred to in subsection (1) of this section becomes illegible, by reason of the deterioration of the certified copy or for any other reason, an tArd-Chláraitheoir shall cause the certified copy to be reproduced in a non-legible form.

(3) An tArd-Chláraitheoir shall make the certified copies reproduced under subsection (1) or (2) of this section available to registrars and superintendent registrars.

(4) In this section ‘reproduced in a non-legible form’ includes reproduction of the certified copies of the entries in the registers by means of microfilm, microfiche, magnetic tape, diskette, compact disc or any other non-legible form (by electronic means or otherwise) which is capable of reproducing the certified copies in a permanent legible form.

Evidence in court proceedings, etc.

15B.—(1) A certified copy of an entry in a register reproduced in accordance with section 15A of this Act shall be deemed to be an entry in a register under this Act.

(2) In any proceedings a certificate signed by an tArd-Chlaraitheoir, an officer duly authorised to act in that behalf or a registrar, stating that a certified copy of an entry in a register has been reproduced in accordance with section 15A of this Act shall be evidence of the fact of the making of the entry in the register under this Act and that the certified copy so reproduced attached to the certificate is a true copy of the entry in the register until the contrary is shown.

(3) A document purporting to be a certificate under subsection (2) of this section shall be deemed to be such a certificate without proof of the signature of the person purporting to sign the certificate or that such person was a proper person to so sign, until the contrary is shown.

(4) In any proceedings a certified copy of an entry reproduced in accordance with section 15A of this Act may be given in evidence and shall be prima facie evidence of any fact therein stated:

Provided that the court is satisfied as to the reliability of the system used to reproduce the certified copy and the entry in the register book on which it was based.”.

4

Section 17

Substitute the following for all of the words beginning with “and every person” to the end of that provision:

“and a person shall be entitled to search those indexes in the form and manner, at the times and on payment of the fee or fees prescribed by the Minister for Health and Children in regulations made under section 4 (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 , and to obtain a certified copy of an entry or entries in the certified copies of the entries in those registers reproduced under section 15A (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) of this Act on payment of a fee of €5.08 in respect of each certified copy.”.

5

Section 18

Substitute the following for all of the words beginning with “Every person shall be entitled” to the end of that provision:

“A person shall be entitled to search those indexes in the form and manner, at the times and on payment of the fee or fees prescribed by the Minister for Health and Children in regulations made under section 4 (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Vital Statistics and Births, Deaths and Marriages Registration Act, 1952 , and to obtain a certified copy of an entry or entries in the certified copies of the entries in those registers reproduced under section 15A (inserted by the Social Welfare (Miscellaneous Provisions) Act, 2002) of this Act on payment of a fee of €5.08 in respect of each certified copy.”.

PART 9

Amendment of Vital Statistics and Births, Deaths and Marriages Registration Act, 1952

Item

Provision affected or inserted

Amendment

1

Section 4

Substitute the following for section 4:

“4.—(1) The enactments to which this subsection applies shall be construed as entitling persons to make the searches referred to in those enactments in such form and manner and at such times and on payment of such fee or fees as the Minister may prescribe in regulations and different fees may be prescribed for different classes of searches.

(2) The enactments to which subsection (1) of this section applies are—

(a) sections 68, 69 and 70 (each as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Marriages (Ireland) Act, 1844,

(b) section 50 (as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Registration of Births and Deaths (Ireland) Act, 1863, and

(c) section 17 and 18 (both as amended by the Social Welfare (Miscellaneous Provisions) Act, 2002) of the Registration of Marriages (Ireland) Act, 1863 .”.

2

Section 9

In subsection (2)(a) substitute “the Births and Deaths Registration Acts, 1863 to 1996,” for “the Births and Deaths Registration Acts, 1863 to 1936,”.

PART 10

Amendment of Family Law (Maintenance of Spouses and Children) Act, 1976

Item

Provision affected or inserted

Amendment

1

Section 4

Substitute the following for section 4:

“4.—A periodical payment under an order under this Act shall commence on the date that is specified in the order being a date which may be before or after the date on which the order is made but which shall not be earlier than the date of the application for the order.”.