Civil Registration (Amendment) Act 2014

Part 5A of Principal Act

13. The Principal Act is amended by the insertion of the following Part after Part 5:

“Part 5A

Death Abroad

Application of Part

44A. (1) This Part applies to the death occurring outside of the State (other than where section 38 or 39 applies) of an Irish citizen who was ordinarily resident in the State within 5 years prior to the date of his or her death.

(2) Part 5 shall not apply to a death to which this Part applies.

(3) This Part applies to a death referred to in subsection (1) that occurs before or after the commencement of this section.

Record of deaths abroad

44B. (1) An tArd-Chláraitheoir shall maintain and keep a record of all deaths to which this Part applies (in this Part referred to as the ‘record of deaths abroad’), notified to him or her, a Superintendent Registrar or registrar under this Part.

(2) The record of deaths abroad may be maintained in any legible form or in any other form that is capable of being converted into a legible form and of being used to make a legible copy or reproduction of an entry in the record.

Provision of information

44C. (1) An informant may notify a registrar of the death of a deceased person in relation to whose death this Part applies, and on furnishing the information and documents referred to in subsection (2) may request that the death is recorded on the record of deaths abroad.

(2) The following information and documents shall be furnished with a request under subsection (1):

(a) such evidence, as may be specified by an tArd-Chláraitheoir, to satisfy the registrar that the death is a death to which this Part applies,

(b) where required by the registrar, a document duly authenticated which purports to be a translation of a document referred to in paragraph (c),

(c) where there was at the time of the death, a system of registration of deaths in the state where the death occurred which applied to the death, a document certified to be a true copy or extract from civil records of the death in accordance with the laws of that state,

(d) as much of the following information as may be available:

(i) date and place of death;

(ii) place of birth of deceased;

(iii) sex of deceased;

(iv) forename, surname, birth surname and address of deceased;

(v) personal public service number of deceased;

(vi) civil status of deceased;

(vii) date of birth of deceased;

(viii) profession or occupation of deceased;

(ix) if deceased was married or a civil partner, the profession or occupation of spouse or civil partner;

(x) if deceased was less than 18 years of age on date of death, occupation of each of his or her parents or guardian;

(xi) forename and birth surname of father of deceased;

(xii) forename and birth surname of mother of deceased;

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

(3) The informant shall provide his or her signature, in such manner as an tArd-Chláraitheoir may direct, to the registrar.

(4) In this section ‘informant’ means a relative, civil partner or cohabitant of a deceased person in relation to whose death this Part applies, or, if all of those persons are unavailable, such other person having knowledge of the death as an tArd-Chláraitheoir may specify.

Certificate of entry on the record of deaths abroad

44D. Evidence of an entry of the death on the record of deaths abroad, and of such of the facts therein recorded as an tArd-Chláraitheoir may specify, may be given by the production of a document purporting to be a legible copy of the entry by an tArd-Chláraitheoir, a person authorised in that behalf by an tArd-Chláraitheoir, a Superintendent Registrar, an authorised officer or a registrar.

Amendment of entry on the record of deaths abroad

44E. On application to an tArd-Chláraitheoir in such manner as he or she may specify, by a person having an interest in the matter, or, if an tArd-Chláraitheoir is satisfied that—

(a) either the documents or information furnished to him or her under section 44C(2), or

(b) the record of deaths abroad,

contain an error of fact, he or she may correct the error concerned and, as necessary, notify the person having an interest in the matter or furnish, under section 44D, evidence of the entry of the death as amended.”