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Amendment of section 37 of Act of 2004
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11. Section 37 of the Act of 2004 is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) Subject to subsection (4A), when a death occurs in the State, it is the duty of—
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(a) a relative, civil partner, cohabitant, next of kin, personal representative or religious superior of the deceased who has knowledge of the required particulars in relation to the death, and
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(b) if there is no such relative, civil partner, cohabitant, next of kin, personal representative or religious superior who can be found or if every such person is incapable through ill health of complying with this subsection, each other qualified informant, unless he or she reasonably believes that another qualified informant has complied with this subsection in relation to the death,
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within 28 days from the date of the death—
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(i) to attend before any registrar and there to—
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(I) give to the registrar, to the best of his or her knowledge and belief, the required particulars of the death and to furnish such evidence in his or her possession, or within his or her power to so furnish, relating to the required particulars of the death as may be requested by the registrar, and
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(II) after the registrar has entered the required particulars in relation to the death in the register, sign the register relating to the death in the presence of the registrar,
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or
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(ii) provide to an tArd-Chláraitheoir, to the best of his or her knowledge and belief, the required particulars of the death as are known to him or her (together with such other information or documents relating to the required particulars as may be specified by an tArd-Chláraitheoir) by electronic means in such manner as an tArd-Chláraitheoir may specify.”,
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(b) by the deletion of subsection (1A),
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(c) by the insertion of the following subsection after subsection (1A):
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“(1B) Subsection (1)(ii) shall only apply where the person required to provide the particulars, information or documents concerned has been issued with a public services card (within the meaning of the Act of 2005).”,
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(d) in subsection (2)—
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(i) by the substitution of “28 days” for “3 months”,
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(ii) by the deletion of “or (1A)”, and
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(iii) in paragraph (b), by the deletion of “and, if so requested by the registrar, the relevant certificate under section 42”,
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(e) by the insertion of the following subsections after subsection (3A):
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“(3B) Where paragraph (i) of subsection (1) has been complied with in relation to a death, the registrar concerned shall register the death in such manner as an tArd-Chláraitheoir may direct.
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(3C) Where paragraph (ii) of subsection (1) has been complied with in relation to a death, the death shall be registered in such manner as may be specified by an tArd-Chláraitheoir.”,
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and
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(f) by the insertion of the following subsection after subsection (4):
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“(4A) This section shall not apply where subsection (1) or (2)(a) of section 41 applies.”.
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