First Previous (PART 2 Presumption of Death Orders and other matters )

23 2019

CIVIL LAW (PRESUMPTION OF DEATH) ACT 2019

PART 3

Amendments to Civil Registration Act 2004

Definition

11. In this Part “Act of 2004” means the Civil Registration Act 2004.

Amendment of section 2 of Act of 2004

12. Section 2(1) of the Act of 2004 is amended—

(a) by the insertion of the following definitions:

“ ‘Act of 2019’ means the Civil Law (Presumption of Death) Act 2019;

‘missing person’ has the same meaning as missing person in section 2 of the Act of 2019;

‘presumed death’ means a presumed death where a presumption of death order has been made under section 5 of the Act of 2019;”;

and

(b) by the insertion of the following in the definition of “the required particulars”:

“(f) in relation to a presumed death, the particulars specified in Part 5B of that Schedule;”.

Amendment of section 8 of Act of 2004

13. Section 8 of the Act of 2004 is amended by the insertion of the following paragraph after paragraph (eeee) of subsection (1):

“(eeeee) to establish and maintain a register and index for the purpose of the registration of presumed deaths,”.

Amendment of section 13 of Act of 2004

14. Section 13 of the Act of 2004 is amended in subsection (1) by the insertion of the following after paragraph (k):

“(l) a register of all presumed deaths where a presumption of death order has been made under section 5 of the Act of 2019 (which shall be known, and is referred to in this Act as the register of presumed deaths),”.

Part 5B of Act of 2004

15. The Act of 2004 is amended by the insertion of the following Part after Part 5A:

“PART 5B

Registration of Presumed Deaths

Interpretation

44F. In this Part—

‘Court’ shall be construed in accordance with section 10 of the Act of 2019;

‘register’ means the register of presumed deaths.

Application of Part

44G. (1) This Part applies to a presumed death where a presumption of death order has been made under section 5 of the Act of 2019.

(2) Parts 5 and 5A shall not apply to a presumed death to which this Part applies.

Furnishing of particulars of presumed death by a court to registrar

44H. (1) Where, in accordance with section 5 (3) of the Act of 2019, a Court makes a presumption of death order, the Court concerned shall give to an tArd-Chláraitheoir a copy of the presumption of death order, together with the required particulars contained in Part 5B of the First Schedule that are available to the Court, and he or she shall register the presumed death, or cause it to be registered.

(2) Where there is an error in an order furnished under subsection (1) the Court concerned may give to an tArd-Chláraitheoir a further order correcting the error, and he or she shall correct the error in the register, or cause it to be corrected.

(3) Where a variation order is made by a Court under section 8 (3) of the Act of 2019, the Court concerned shall, in an appropriate case, give a copy of the variation order to an tArd-Chláraitheoir, and he or she shall remove the original entry from the register or make such adjustment to that entry as may be required by the variation order, or cause it to be so removed or adjusted.

(4) Where a body has been recovered and—

(a) the body is that of a person for whom an entry has been made in the register, and

(b) an entry has been made in the register of deaths in respect of the recovered body or an entry has been made in the record of deaths abroad in respect of the recovered body,

an tArd-Chláraitheoir shall remove the original entry from the register, or cause it to be removed.”.

Amendment of First Schedule to Act of 2004

16. The Act of 2004 is amended by the insertion of the following Part after Part 5A in the First Schedule:

“PART 5B

Particulars of Presumed Deaths to be Entered in the Register of Presumed Deaths

date and place of presumed death (or most accurate estimate of date and place of presumed death);

place of birth of missing person;

sex of missing person;

forename(s), surname, birth surname and address of missing person;

personal public service number of missing person;

civil status of missing person;

date of birth of missing person;

profession or occupation of missing person;

if missing person was married or in a civil partnership, the name and profession or occupation of spouse or civil partner;

if missing person was less than 18 years of age on presumed date of death, occupation(s) of his or her parent(s) or guardian(s);

forename(s) and birth surname of father of missing person;

forename(s) and birth surname of mother of missing person;

forename(s) and birth surname of parent of missing person;

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

a copy of the presumption of death order made under section 5 of the Act of 2019;

the forename, surname and place of business of the judge that made the presumption of death order;

date of registration;

signature of registrar.”.