S.I. No. 149/1935 - Foreign Births Register Regulations, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 149.

FOREIGN BIRTHS REGISTER REGULATIONS, 1935.

WHEREAS it is enacted by sub-section (1) of Section 25 of the Irish Nationality and Citizenship Act, 1935 (No. 13 of 1935), that the Minister for External Affairs shall cause to be kept a register to be known and called and in the said Act referred to as the foreign births register.

AND WHEREAS it is enacted by sub-section (3) of the said Section 25 that the birth outside Ireland 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 the said section 25, in the foreign births register.

AND WHEREAS it is enacted by sub-section (4) of the said Section 25 that the Minister for External Affairs shall cause to be registered in the foreign births register every birth which is entered in a foreign births entry book kept under Section 24 of the said Act and a copy of the entry of which in such book is transmitted to the said Minister in pursuance of the said Act.

AND WHEREAS it is enacted by sub-section (6) of the said Section 25 that the Minister for External Affairs may by order make regulations relating to all or any of the following matters in respect of the foreign births register, that is to say:—

(a) the form of such register and the officer by whom and the place and manner generally in which such register is to be kept;

(b) the persons by whom and the manner in which births may be registered in such register;

(c) the particulars to be entered in such register in respect of every birth registered therein;

(d) the inspection of such register by members of the public;

(e) the furnishing to members of the public of copies of entries in such register and the authentication of such copies;

( f) the entry in such register of births copies of the entry of which in the foreign births entry book to be kept in every Legation and Consulate in pursuance of Section 24 of the Irish Nationality and Citizenship Act, 1935 , are transmitted to the Minister for External Affairs under the said Act;

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

NOW, THEREFORE, the Minister for External Affairs in exercise of the powers conferred on him by sub-section (6) of Section 25 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 Register 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 the Secretary of the Department of External Affairs.

4. The foreign births register shall be in the form set out in the Schedule hereto.

5. The foreign births register shall be kept in the Office of the Department of External Affairs by the registrar.

6.—(1) The birth of any child whose birth is registrable under sub-section (3) of Section 25 of the Irish Nationality and Citizenship Act, 1935 , in the foreign births register 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 register and may be so registered by the registrar or any officer of the Minister for External Affairs duly authorised in that behalf by the registrar.

(2) Every birth which is entered in a foreign births entry book and a copy of the entry of which in such book is transmitted to the Minister for External Affairs under sub-section (3) of Section 24 of the Irish Nationality and Citizenship Act, 1935 , shall be registered in the foreign births register by a person authorised by or under this regulation to register names in such register.

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

7. The particulars to be entered in the foreign births register 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 register set out in the Schedule hereto.

8. The entry in the foreign births register of every birth a copy of the entry of which in a foreign births entry book kept in pursuance of Section 24 of the Irish Nationality and Citizenship Act, 1935 , is transmitted to the Minister for External Affairs under the said Section 24 shall be noted in the said register with the addition of particulars (indicated in the form of foreign births register set forth in the Schedule hereto) stating:—

(a) the number of the foreign births entry book of an entry in which the entry in the foreign births register is a copy,

(b) the number and date of the entry in the foreign births entry book and

(c) the legation or consulate at which the foreign births entry book is kept.

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

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

(3) No fee shall be charged in respect of the entry, under these Regulations, in the foreign births register of a copy of an entry in a foreign births entry book kept in pursuance of Section 24 of the Act aforesaid.

10. Any person may on payment of a fee of one shilling inspect the foreign births register at the office of the Department of External Affairs during the hours at which that office is open for the transaction of business.

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

(2) Save as aforesaid, the fee for a copy of any entry in the foreign births register shall be two shillings and sixpence.

(3) Every such copy 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 foreign births register.

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 of Finance.