S.I. No. 668/2010 - Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010.

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S.I. No. 668/2010 - Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010.

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Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 11th January, 2011.
The Minister for Social Protection, in exercise of the powers conferred on him by sections 3 and 59D(8) (inserted by Section 16 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010)) of the Civil Registration Act 2004 (No. 3 of 2004) hereby makes the following Regulations:
1. (1) These Regulations may be cited as the Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010.
(2) These Regulations come into operation on 1 January 2011.
2. An tArd Chlaráitheoir 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 paragraph (a),
he or she may make an application to correct that error to the Superintendent Registrar for the registration area within which the Civil Partnership was registered.
(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 5(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 civil partnership to which the entry refers,
(ii) the registrar who registered the civil partnership, or
(iii) a witness, or both witnesses, to the civil partnership,
or if a person referred to in sub-paragraphs (i) to (iii) cannot be found or is dead, two 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 Chlaráitheoir to make a direction in respect of the application.
(2) An tArd Chlaráitheoir 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,
31 December 2010.
ÉAMON Ó CUÍV,
Minister for Social Protection.
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 Civil Partnerships.

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