S.I. No. 147/1935 - Foreign Births Entry Book Regulations, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 147.

FOREIGN BIRTHS ENTRY BOOK REGULATIONS, 1935.

WHEREAS it is enacted by sub-section (I) of Section 24 of the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), that the Minister for External Affairs shall cause to be kept in every legation and consulate a book to be called and known as the foreign births entry book:

AND WHEREAS it is enacted by sub-section (2) of the said Section 24 that the birth in any country outside Saorstát Eireann of a child whose father is, on the day of such birth, a citizen of Saorstát Eireann shall be registrable, in accordance with regulations made under that section, in the foreign births entry book kept in the legation (if any) or any consulate (if any) in such country:

AND WHEREAS it is enacted by sub-section (3) of the said Section 24 that from time to time, but not less than once in every year, there shall be transmitted, in accordance with regulations made under that section, from every legation and every consulate to the Minister for External Affairs a copy of every entry (if any) made in the foreign births entry book kept in such legation or consulate of which a copy was not previously so transmitted to the said Minister;

AND WHEREAS it is enacted by sub-section (5) of the said Section 24 that the Minister for External Affairs may by order make regulations in respect of all or any of the following matters, that is to say:—

( a ) the form of the foreign births entry book and the officer by whom and the manner generally in which such book is to be kept;

( b ) the persons by whom and the manner in which births may be registered in a foreign entry book;

( c ) the particulars to be entered in the foreign births entry book in respect of every birth registered therein;

( d ) the inspection of foreign births entry books by members of the public;

( e ) the furnishing to members of the public of copies of entries in foreign births entry books and the authentication of such copies;

( f ) the transmission in pursuance of the said Section 24 of copies of entries in the foreign entry book to the Minister for External Affairs;

( g ) with the consent of the Minister for Finance, the fees (if any) to be charged for the registration of births in a foreign births entry book, for the inspection of entries in such book, and for copies of entries in such book.

NOW, THEREFORE, the Minister for External Affairs in exercise of the powers conferred on him by sub-section (5) of Section 24 of the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935) and of every and any other power him in this behalf enabling hereby, with the consent, in so far as these Regulations relate to fees, of the Minister for Finance testified by his official seal annexed hereto, orders and makes the following Regulations, that is to say:—

1. These Regulations may be cited as the Foreign Births Entry Book Regulations, 1935.

2. The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these Regulations the expression "the registrar" means:—

( a ) in relation to a legation, the head of such legation,

( b ) in relation to a consulate, the consul.

4.—(1) Every foreign births entry book shall be in the form set forth in, the Schedule hereto.

(2) The foreign births entry book shall be kept by the registrar.

5.—(1) The birth of any child, whose birth is registrable under sub-section (2) of Section 24 of the Irish Nationality and Citizenship Act, 1935 , in the foreign births entry book kept at a legation or consulate shall, at the request of either parent of such child or of any person present at the birth of such child or having charge of such child, and upon the production of satisfactory evidence be registered in such book and may be so registered by:—

( a ) in the case of a legation, the registrar or any member of the diplomatic staff thereof duly authorised in that behalf by the registrar,

( b ) in the case of a consulate, by the registrar or any member of the staff of the consulate duly authorised in that behalf by the registrar.

(2) Every person authorised by or under this regulation to register births of children in a foreign births entry book shall, after entering in such book in respect of a birth the particulars required by these regulations to be entered therein, sign such book in the appropriate place.

6. The particulars to be entered in the foreign births entry book in respect of every birth registered therein shall be the particulars signified at the head of the respective columns of the form of foreign births entry book set out in the Schedule hereto.

7.—(1) The fee to be charged for the registration in the foreign births entry book of the birth of a child whose right to be a natural-born citizen of Saorstát Eireann is not conditional upon registration therein or in the foreign births register shall be two shillings and sixpence.

(2) The fee to be charged for the registration in the foreign births entry book of the birth of a child whose right to be a natural-born citizen of Saorstát Eireann is under sub-section (2) of Section 2 of the Irish Nationality and Citizenship Act, 1935 , conditional upon registration therein or in the foreign births register shall be one pound.

8. Any person may on payment of the fee of one shilling inspect at any legation or consulate, during the hours at which such legation or consulate is open for the transaction of business, the foreign births entry book kept therein.

9.—(1) Any person at whose request the birth of any child has been registered in a foreign births entry book may at the date of such registration obtain a copy of the relevant entry upon payment of a fee of one shilling.

(2) Any person may obtain a copy of any entry in a foreign births entry book at any time subsequent to the date on which such entry is made upon payment of a fee of two shillings and sixpence.

(3) Every such copy of an entry in a foreign births entry book shall be authenticated as follows, that is to say, such copy shall be certified to be a true copy of such entry by a person authorised by or under these Regulations to register births in the legation or consulate in which such book is kept.

10. Copies in triplicate of all entries made in each month in the foreign births entry book kept at a legation or consulate shall at the end of that month be transmitted by the registrar to the Minister for External Affairs.

Given under the Official Seal of the Minister for

External Affairs, this 30th day of May, 1935.

J. P. WALSHE,

Secretary,

Department of External Affairs.

The Minister for Finance consents to the foregoing regulations in so far as the same relate to fees.

Given under the Official Seal of the Minister for

Finance, this 1st day of June, 1935.

J. J. McELLIGOTT,

Secretary,

Department for Finance.

SCHEDULE.

FOREIGN BIRTHS ENTRY BOOK (NUMBER ......).