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Amendment of section 41 of Act of 2004
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12. Section 41 of the Act of 2004 is amended—
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(a) in subsection (1), by the substitution of “such required particulars of the death concerned as may be specified by an tArd-Chláraitheoir” for “the required particulars of the death concerned and that registrar shall register the death in such manner as an tArd-Chláraitheoir may direct”,
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(b) by the substitution of the following subsection for subsection (2):
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“(2) Where a coroner inquires into the circumstances of a death without holding an inquest or causing a post-mortem examination to be made, he or she shall—
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(a) give the appropriate registrar a certificate containing such required particulars of the death concerned as may be specified by an tArd Chláraitheoir, or
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(b) refer the death—
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(i) where the death occurred in a hospital or other institution, to the chief officer (by whatever name called) of the hospital or other institution in which the death occurred, or a person authorised by the chief officer to perform his or her functions, or
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(ii) where the death occurred other than in a hospital or other institution, to the medical practitioner who attended to the deceased person immediately before or after the death occurred,
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and that person shall notify an tArd-Chláraitheoir of the death in the manner as set out in section 42.”,
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(c) by the insertion of the following subsections after subsection (2):
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“(2A) Upon receipt of a certificate furnished under subsection (1) or (2)(a), a registrar shall serve a notice on a person referred to in paragraph (a) or (b) of section 37(1) requiring the person—
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(a) to attend before a registrar within such time (not being less than 10 days after the date of the notice) as may be specified in the notice,
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(b) there, to give to the registrar, to the best of the person’s knowledge and belief, such required particulars of the death as have not already been provided under subsection (1) or subsection (2)(a) and to furnish such evidence in the person’s possession, or within the person’s power to so furnish, relating to those required particulars of the death as may be requested by the registrar, and
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(c) after the registrar has entered all 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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(2B) Where paragraphs (b) and (c) of subsection (2A) have 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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(2C) Where the registrar is of the view that exceptional circumstances exist which prevent a person on whom a notice is served under subsection (2A) without undue hardship from attending before the registrar and signing the register in accordance with that subsection, the registrar shall request the Superintendent Registrar of the registration area to which the registrar is assigned to cause the death to be registered notwithstanding that a qualified informant has not signed the register, and shall give to the Superintendent Registrar such evidence (if any) as he or she considers supports this view with such request.
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(2D) Upon a request being made to him or her under subsection (2C), a Superintendent Registrar shall notify the request to an tArd Chláraitheoir and shall provide an tArd-Chláraitheoir with such evidence as he or she has been given under subsection (2C).
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(2E) An tArd-Chláraitheoir may direct the Superintendent Registrar to cause a death to be registered notwithstanding that a qualified informant has not signed the register where upon receipt of a notification under subsection (2D), he or she is satisfied that the exceptional circumstances referred to in subsection (2C) exist.”,
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and
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(d) in subsection (3), by the substitution of “(2)(a)” for “(2)”.
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