Civil Registration Act 2004

Provision of particulars, and registration, of deaths.

37.—(1) When a death occurs in the State, it is the duty of—

(a) a relative of the deceased who has knowledge of the required particulars in relation to the death, and

(b) if there is no such relative who can be found or every such relative is incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with it in relation to the death,

within 3 months from the date of the death to give to any registrar the required particulars of the death in the form standing specified for the time being by an tArd-Chláraitheoir.

(2) Subject to section 40 , where, after the expiration of 3 months from the date of the death of a person in the State, the death has not been registered because of non-compliance with subsection (1), the authority in whose functional area the death occurred may serve a notice on any qualified informant requiring him or her—

(a) to attend before a registrar in that functional area or in the functional area of the authority in which the informant ordinarily resides at the office of the registrar or at any other convenient place specified in the notice within such time (not being less than 10 days from the date of the notice) as may be specified in the notice,

(b) there, to give to the registrar, to the best of his or her knowledge and belief, in a form standing specified by an tArd-Chláraitheoir, the required particulars relating to the death and, if so requested by the registrar, the relevant certificate under section 42 , and

(c) there, to sign the register relating to the death in the presence of the registrar,

and, unless the death is duly registered before the expiration of the time specified in the notice, the informant shall comply with the requirement and, thereupon, the registrar shall register the death in such manner as an tArd-Chláraitheoir may direct.

(3) Where a person complies with subsection (1) in relation to a death, the other persons referred to in that subsection are discharged in relation to that death from the duty imposed by that subsection.

(4) This section applies also to a death that occurred before the commencement of this section and as respects which section 9 of the Births and Deaths Registration Act (Ireland) 1880 was not complied with.

(5) In this section “qualified informant”, in relation to a death, means—

(a) a relative of the deceased who has knowledge of the required particulars concerned,

(b) a person present at the death,

(c) any other person who has knowledge of the required particulars,

(d) if the death occurred in a building used as a dwelling or a part of a building so used, any person who was in the building or part at the time of the death,

(e) if the death occurred in a hospital or other institution or in a building or a part of a building occupied by any other organisation or enterprise, the chief officer of the institution, organisation or enterprise (by whatever name called) or a person authorised by the chief officer to perform his or her functions,

(f) a person who found the body of the person concerned,

(g) a person who took charge of that body,

(h) the person who procured the disposal of that body, or

(i) any other person who has knowledge of the death.