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Amendment of section 64 of Act of 2004
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16. Section 64 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) Where a registrar is satisfied that an entry in the register of births or deaths contains an error of fact, he or she shall notify the error to—
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(a) the Superintendent Registrar of the registration area to which the registrar is assigned, or
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(b) if the entry was made pursuant to section 19(1)(ii) or section 37(1)(ii), an tArd-Chláraitheoir.”,
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(b) in subsection (2), by the substitution of “subsection (1)(a)” for “subsection (1)”,
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(c) by the insertion of the following subsection after subsection (2):
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“(2A) When an tArd-Chláraitheoir receives a notification under subsection (1)(b), he or she shall enquire into the matter and on completion of that enquiry may, if he or she considers it appropriate to do so, cancel the entry in the register or make a correction of the error in the entry concerned in the register and the original entry shall be retained in the register and the cancellation, or the correction as the case may be, shall be noted in respect of the original entry.”,
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(d) by the substitution of the following subsection for subsection (5A):
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“(5A) Where an tArd-Chláraitheoir is satisfied that an entry of a birth, stillbirth or death in the register of births, stillbirths or deaths was made on the basis of—
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(a) required particulars referred to in subsection (5B), or
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(b) false or misleading information furnished to an tArd-Chláraitheoir or the registrar,
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an tArd-Chláraitheoir, where he or she is satisfied that it is appropriate to do so—
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(i) may cancel the entry and retain the entry so cancelled or direct a registrar to cancel the entry and retain the entry so cancelled in the register of births, stillbirths or deaths, and
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(ii) may make an entry or direct the registrar to make an entry, under and in accordance with Part 3 or 5, in relation to the birth, stillbirth or death concerned, in the register of births, stillbirths or deaths,
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and the registrar shall comply with a direction given under paragraph (i) or (ii).”,
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and
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(e) in subsection (5B), by the substitution of “to an tArd-Chláraitheoir or to the registrar” for “to the registrar” in each place where it occurs.
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