COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

AN ACT TO PROVIDE, IN RELATION TO THE COURTS TO BE ESTABLISHED BY THE COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961, AND THE JUDGES AND OFFICERS OF THOSE COURTS, FOR CERTAIN MATTERS NECESSARY TO SUPPLEMENT THAT ACT, TO CONFER JURISDICTION ON THE JUDGE OF THE CIRCUIT COURT ASSIGNED TO THE CORK CIRCUIT IN ADMIRALTY CAUSES AND IN BANKRUPTCY, TO REPEAL CERTAIN ENACTMENTS, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I Preliminary And General

1. Short title and commencement.

1.—(1) This Act may be cited as the Courts (Supplemental Provisions) Act, 1961.

• (2) This Act shall come into operation on the date on which the Principal Act comes into operation and immediately after the coming into operation of the Principal Act.

2. Interpretation generally.

2.—(1) In this Act—

F1["market value" means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]

“the Act of 1924” means the Courts of Justice Act, 1924;

“the Act of 1926” means the Court Officers Act, 1926;

“the Act of 1936” means the Courts of Justice Act, 1936;

“the Act of 1945” means the Court Officers Act, 1945;

“the Act of 1946” means the Courts of Justice (District Court) Act, 1946;

“the Act of 1947” means the Courts of Justice Act, 1947;

“the Act of 1949” means the Courts of Justice (District Court) Act, 1949;

“the Act of 1953” means the Courts of Justice Act, 1953;

F2["the Act of 2014" means the Court of Appeal Act 2014;]

F3["the Act of 2015" means the Legal Services Regulation Act 2015;]

“the Circuit Court” means the Court established by section 4 of the Principal Act;

F2["the Court of Appeal" means the Court established by section 1A of the Principal Act;]

“the Court of Criminal Appeal” means the Court established by section 3 of the Principal Act;

“the District Court” means the Court established by section 5 of the Principal Act;

“the Dublin Metropolitan District” means the district styled and known as the Dublin Metropolitan District under section 64 of the Act of 1936;

“enactment” includes a charter and any instrument made under an enactment;

“the existing Chief Justice” means the judge of the existing Supreme Court who, by virtue of section 5 of the Act of 1924, was, immediately before the operative date, president of that Court;

“the existing Circuit Court” means the Circuit Court of Justice constituted by section 37 of the Act of 1924;

“the existing Court of Criminal Appeal” means the Court of Criminal Appeal constituted by section 8 of the Act of 1924;

“the existing District Court” means the District Court of Justice constituted by section 67 of the Act of 1924;

“the existing High Court” means the High Court of Justice constituted by section 4 of the Act of 1924;

“the existing President of the Circuit Court” means the judge of the existing Circuit Court who, immediately before the operative date, held the office created by section 9 of the Act of 1947;

“the existing President of the High Court” means the judge of the existing High Court who, by virtue of section 4 of the Act of 1924, was, immediately before the operative date, president of that Court;

“the existing Supreme Court” means the Supreme Court of Justice constituted by section 5 of the Act of 1924;

“the High Court” means the Court established by section 2 of the Principal Act;

“justice of the District Court” includes, except where the context otherwise requires, the President of the District Court;

“the Minister” means the Minister for Justice;

“the operative date” means the date on which this Act comes into operation;

“the Principal Act” means the Courts (Establishment and Constitution) Act, 1961 (No. 39 of 1961);

“State authority” means any authority being—

• (a) a Minister of State, or

• (b) the Commissioners of Public Works in Ireland, or

• (c) the Irish Land Commission, or

• (d) the Revenue Commissioners, or

• (e) the Attorney General;

“the Supreme Court” means the Court established by section 1 of the Principal Act.

• (2) Except where the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, adapted or applied by or under any other enactment, including this Act.

3. Repeals and saving.

3.—The enactments mentioned in column (2) of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule, but, without prejudice to subsection (1) of section 21 of the Interpretation Act, 1937, such of those enactments as relate to the pensions of the judges and justices of the courts established by the Act of 1924 shall, notwithstanding the repeal thereof, continue to apply to any person who, having been a judge of the existing Supreme Court, existing High Court or existing Circuit Court or a justice of the existing District Court, retired or retires from office before the operative date.

PART II Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court and Court of Criminal Appeal

Supreme Court and High Court

4. Number of ordinary judges of Supreme Court and High Court.

4.—(1) F5[…]

• (2) F6[…]

5. Qualifications of judges of Supreme Court and High Court.

5.—(1) (a) The existing Chief Justice shall be qualified for appointment as Chief Justice and, if he is willing to accept office, no other person shall be qualified for appointment as Chief Justice.

• (b) The existing President of the High Court shall be qualified for appointment as President of the High Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the High Court.

• (c) Each of the persons who are ordinary judges of the existing Supreme Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Supreme Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Supreme Court.

• (d) Each of the persons who are ordinary judges of the existing High Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the High Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the High Court.

• (e) Paragraphs (a), (b), (c) and (d) of this subsection apply only in relation to the qualification for appointment of the first judges of the Supreme Court and High Court.

• (f) Subsections (2), (3), (4) and (5) of this section shall have effect subject to the preceding paragraphs of this subsection.

• F7[(2)
• (a) Subject to paragraphs (b) and (c) of this subsection, a person shall be qualified for appointment as a judge of the F8[Supreme Court, the Court of Appeal] or the High Court if the person is for the time being a practising barrister or a practising solicitor of not less than 12 years' standing who has practised as a barrister or a solicitor for a continuous period of not less than 2 years immediately before such appointment.

• (b) A person who—

• (i) is or was at any time during the period of 2 years immediately before the appointment concerned—

• (I) a judge of the Court of Justice of the European Communities,

• (II) a judge of the Court of First Instance attached to that Court,

• (III) an Advocate-General of the Court of Justice of the European Communities,

• (IV) a judge of the European Court of Human Rights established under the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950,

• (V) a judge of the International Court of Justice established under the Charter of the United Nations,

• (VI) a judge of the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998, upon the entry into force of that Statute,

• (VII) a judge of an international tribunal within the meaning of section 2 of the International War Crimes Tribunals Act, 1998,

and

• (ii) was a practising barrister or a practising solicitor before appointment to any of the offices referred to in subparagraph (i) of this paragraph,

shall be qualified for appointment as a F8[judge of the Supreme Court, the Court of Appeal] or the High Court.

• (c) A judge of the Circuit Court who has served as such a judge for a period of not less than 2 years shall be qualified for appointment as a F8[judge of the Supreme Court, the Court of Appeal] or the High Court.]

• F9[(d) A judge of the District Court who has served as such a judge for a period of not less than 2 years shall be qualified for appointment as a judge of the High Court.]

• F10[(3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court, President of the Court of Appeal or as Chief Justice.]

• F10[(4) The President of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice.]

• F10[(5) An ordinary judge of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court, President of the Court of Appeal or as Chief Justice.]

• F11[(6) The President of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the Court of Appeal or Chief Justice.

• (7) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the High Court, President of the Court of Appeal or Chief Justice.]

• F9[(8) Section 45A provides an additional basis for qualification for appointment as a judge of the Supreme Court, the Court of Appeal or the High Court.

• (9) In this section, "practising barrister" has the same meaning as it has in the Act of 2015.]

6. Pensions of judges of Supreme Court and High Court.

F13[6.—(1) Subject to Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, the provisions set out in Part I of the Second Schedule to this Act shall apply to the pensions of judges of the Supreme Court, Court of Appeal and High Court.

• (2) Where a judge of the Supreme Court, Court of Appeal or High Court is removed from office on account of incapacity, he or she shall be deemed for the purpose of pension to have vacated his or her office owing to permanent infirmity.]

7. General jurisdiction of Supreme Court.

7.—(1) The Supreme Court shall be a superior court of record with such appellate and other jurisdiction as is prescribed by the Constitution.

• (2) There shall be vested in the Supreme Court—

• (a) all jurisdiction which was, immediately before the commencement of Part I of the Act of 1924, vested in or capable of being exercised by the former Court of Appeal in Southern Ireland or any judge or judges thereof and was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme Court,

• (b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Supreme Court.

• F14[(3) The Supreme Court may sit in two or more divisions and they may sit at the same time.

• F15[(3A) Without prejudice to the generality of subsection (3), an interlocutory application relating to an appeal before the Supreme Court or, unless the appeal itself is confined to a procedural matter, any procedural application or motion in the matter, may be heard and determined by—

• (a) the Chief Justice sitting alone, or

• (b) any other judge of the Supreme Court sitting alone as may be nominated for that purpose by the Chief Justice.]

• (4) Subject to subsection (5) of this section, the Chief Justice or, in his or her absence the senior ordinary judge of the Supreme Court for the time being available, may determine that an appeal to or other matter cognisable by the Supreme Court may be heard and determined by a division of five or three judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 F15[or subsection (4) of section 1A] of the Principal Act, additional judges of the Supreme Court.

• (5) An appeal to or other matter cognisable by the Supreme Court under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution shall be heard and determined by not less than five judges of the Supreme Court including judges who are, by virtue of subsection (3) or (4) of section 1 F15[or subsection (4) of section 1A] of the Principal Act, additional judges of the Supreme Court.]

• F15[(6) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

• (a) the Chief Justice sitting alone, or

• (b) any other judge of the Supreme Court sitting alone as may be nominated for that purpose by the Chief Justice,

may, subject to any practice direction issued under subsection (7), make any order, or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Supreme Court.

• (7) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings and, without prejudice to the generality of Article 64 of the Constitution and the powers of the Supreme Court in that regard, the Chief Justice may issue directions (in this section referred to as "practice directions") in relation to the conduct of appeals or applications made to the Supreme Court.

• (8) A practice direction may relate to—

• (a) civil or criminal proceedings, or both, or

• (b) a class or classes of civil or criminal proceedings, or both,

and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a practice direction as appear to the Chief Justice to be necessary or expedient for the purposes of the direction.

• (9) A practice direction under this section shall be published in such manner as the Chief Justice may direct.

• (10) Subject to subsection (11), the following applications may be determined by the Supreme Court otherwise than with an oral hearing:

• (a) an application seeking leave to appeal against a decision of the Court of Appeal or the High Court, as the case may be, (in this section referred to as "leave to appeal");

• (b) an application referred to in Article 64.3.3° of the Constitution;

• (c) an application referred to in Article 64.4.1° of the Constitution.

• (11) Where the Supreme Court considers it appropriate to do, having considered the documents lodged in respect of an application referred to in subsection (10), it may direct that the application, or any matter arising on the application, be determined with an oral hearing.

• (12) Where the Supreme Court directs under subsection (11) that an application be determined with an oral hearing, the direction shall be published in such manner as the Chief Justice shall direct.

• (13) Subject to subsections (14) and (15), the determination of an application referred to in subsection (10) shall be published in such form and manner as the Chief Justice shall direct.

• (14) Leave to appeal shall be granted by way of a certificate of the Supreme Court specifying the ground or grounds on which such appeal may be brought.

• (15) Where the Supreme Court determines an application referred to in subsection (10), the Court shall state its reasons for the determination and such reasons may be stated briefly and in general terms.

• (16) Where, upon application to it in that behalf by any party to an appeal against a decision of the High Court, the Supreme Court grants leave to appeal against the decision of the High Court, such grant of leave to appeal shall operate—

• (a) where an appeal has also been made to the Court of Appeal, to discontinue the appeal proceedings before the Court of Appeal in respect of the grounds on which the Supreme Court has granted leave to appeal, or

• (b) where no appeal has, at the time of the grant of the leave to appeal, been made to the Court of Appeal, to preclude such an appeal being made to the Court of Appeal on those grounds.

• (17) Subsections (6) to (16) are without prejudice to any powers of the Supreme Court in respect of proceedings before it.

• (18) In this section—

• (a) "appeal" includes a cross-appeal or request to vary an order under appeal,

"party" includes a notice party or a party permitted by the Supreme Court to intervene in proceedings,

• (b) a reference to an "interlocutory application" includes a reference to an application which may be made under any enactment to the Supreme Court in criminal proceedings concerning the grant of a certificate of entitlement to legal aid.]

7A. F16[General jurisdiction of Court of Appeal

7A.—(1) The Court of Appeal shall be a superior court of record with such appellate jurisdiction as is prescribed by the Constitution.

• (2) Subject to the provisions of Article 64 of the Constitution and section 78(3) of the Act of 2014, there shall be vested in the Court of Appeal all appellate jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Supreme Court.

• (3) Subject to section 78(1) of the Act of 2014, there shall be vested in the Court of Appeal all jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Court of Criminal Appeal.

• (4) Subject to section 78(2) and (3) of the Act of 2014, there shall be vested in the Court of Appeal all jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Courts-Martial Appeal Court.

• (5) The Court of Appeal may sit in divisions of 3 judges (including judges who are, by virtue of section 1A(3) or (6) of the Courts (Establishment and Constitution) Act 1961, additional judges of the Court of Appeal) and the divisions may sit at the same time.

• (6) Notwithstanding the generality of subsection (5), an interlocutory application relating to an appeal before the Court of Appeal or, unless the appeal itself is confined to a procedural matter, any procedural application or motion in the matter, may be heard and determined by—

• (a) the President of the Court of Appeal sitting alone, or

• (b) any other judge of the Court of Appeal sitting alone as may be nominated for that purpose by the President of the Court of Appeal.

• F17[(6A) Notwithstanding the generality of subsections (5) and (6), but subject to subsection (6C), in civil proceedings before the Court of Appeal, an application or appeal specified in subsection (6B) may be heard and determined by—

• (a) the President of the Court of Appeal sitting alone, or

• (b) any other judge of the Court of Appeal sitting alone as may be nominated for that purpose by the President of the Court of Appeal.

• (6B) The following applications and appeals are specified for the purposes of subsection (6A):

• (a) an application to dismiss an appeal on the basis that the appeal is—

• (i) an abuse of process,

• (ii) frivolous or vexatious, or

• (iii) without substance or foundation;

• (b) an appeal against an order for costs;

• (c) an appeal against an order made pursuant to the slip rule;

• (d) an appeal against an order made in respect of matters connected with the case management of proceedings;

• (e) an appeal against such class or classes of order of the High Court of an interlocutory nature as may be prescribed in the Rules of the Superior Courts.

• (6C) Where—

• (a) the President of the Court of Appeal, or

• (b) the judge nominated under subsection (6A)(b),

hears an application or an appeal in accordance with subsection (6A) and it appears to him or her that it is in the interests of justice that the application or the appeal be heard by a division of 3 judges, he or she shall refer the application or the appeal for hearing by such division.

• (6D) In prescribing orders of an interlocutory nature for the purposes of subsection (6B)(e), the Superior Courts Rules Committee—

• (a) shall have regard to the following:

• (i) the interests of justice;

• (ii) the need to ensure expeditious access to justice for all parties to proceedings;

• (iii) the need for the expeditious disposal of proceedings in the High Court and, in particular, proceedings in respect of an appeal against an order of the High Court of an interlocutory nature;

• (iv) the need to ensure the most effective and efficient use of the resources of the Court of Appeal,

and

• (b) may, for those purposes, prescribe any of the following orders either generally, or in respect of particular categories of proceedings:

• (i) an order for discovery, including further and better discovery;

• (ii) an order refusing discovery, including further and better discovery;

• (iii) an order requiring the delivery of replies to particulars;

• (iv) an order refusing to direct the delivery of replies to particulars;

• (v) an order requiring an answer to interrogatories;

• (vi) an order refusing to direct an answer to interrogatories;

• (vii) an order granting an application for an interlocutory injunction;

• (viii) an order refusing to grant an application for an interlocutory injunction;

• (ix) an order for security for costs;

• (x) an order refusing to grant security for costs;

• (xi) an order granting an application to amend pleadings;

• (xii) an order refusing to grant an application to amend pleadings;

• (xiii) such other order of an interlocutory nature as the Superior Court Rules Committee considers appropriate having regard to the matters referred to in paragraph (a).]

• (7) Where the Court of Appeal is exercising its jurisdiction in respect of a criminal matter before it, then unless the matter is one which involves a question as to the validity of any law having regard to the provisions of the Constitution, the decision of the majority of the judges of the Court hearing the case shall be the decision of the Court of Appeal and it shall be pronounced by such one of the judges of the Court as that Court shall direct and no other opinion whether assenting or dissenting shall be pronounced, nor shall the existence of any such other opinion be disclosed.

• (8) The jurisdiction vested in the Court of Appeal shall include all powers, duties and authorities incidental to the jurisdiction so vested.

• (9) In this section—

• (a) "the establishment day" has the same meaning as it has in section 2 of the Act of 2014, and

• (b) a reference to an "interlocutory application" includes a reference to an application which may be made under any enactment to the Court of Appeal in criminal proceedings concerning the grant of a certificate of entitlement to legal aid.]

7B. F18[Power of Court of Appeal to stay proceedings to enable parties to apply to Supreme Court in certain circumstances

7B.—(1) Without prejudice to the jurisdiction of the Supreme Court as is prescribed by the Constitution, where proceedings in respect of an appeal from a decision of the High Court are before the Court of Appeal, the Court of Appeal may—

• (a) of its own motion, or

• (b) upon application to it in that behalf by one or more parties (in this section referred to as the "applicant") to the proceedings,

by order stay the proceedings before it to enable the applicant to apply to the Supreme Court for leave to appeal under Article 34.5.4° of the Constitution from the decision of the High Court.

• (2) An order to stay proceedings under subsection (1) may only be made by the Court of Appeal where—

• (a) the proceedings concerned have not been heard in full or in part by the Court of Appeal, and

• (b) the parties to the proceedings consent to the making of such an order.

• (3) Where the Court of Appeal makes an order to stay proceedings under subsection (1), no further step may be taken in respect of those proceedings, other than with the leave of the Court of Appeal, until such time as the Supreme Court makes a determination in respect of the application for leave to appeal.

• (4) Where the Supreme Court grants an application for leave to appeal in respect of proceedings which are the subject of an order under subsection (1), the Court of Appeal shall, in respect of the proceedings before it, provide by order for the discontinuance of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal.

• (5) Where the Supreme Court refuses an application for leave to appeal in respect of proceedings which are the subject of an order under subsection (1), the Court of Appeal shall make such order as it thinks fit to provide for the continuance of the proceedings.

• (6) This section is in addition to, and not in substitution for, any power of the Court of Appeal to stay proceedings before it.

• (7) For the purposes of this section an appeal shall not be taken to have been heard in part by reason of the Court of Appeal having heard an interlocutory application relating to the appeal or, unless the appeal itself is confined to a procedural matter, the Court of Appeal having heard any procedural application or motion in the matter.]

7C. F19[President of Court of Appeal may issue practice directions

7C.—(1) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

• (a) the President of the Court of Appeal sitting alone, or

• (b) any other judge of the Court of Appeal sitting alone as may be nominated for that purpose by the President of the Court of Appeal,

may, subject to any practice direction issued under subsection (2), make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Court of Appeal.

• (2) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, the President of the Court of Appeal may issue directions (in this section referred to as "practice directions") in relation to the conduct of appeals or applications made to the Court of Appeal.

• (3) A practice direction may relate to—

• (a) civil or criminal proceedings, or both, or

• (b) a class or classes of civil or criminal proceedings, or both,

and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the President of the Court of Appeal to be necessary or expedient for the purposes of the direction.

• (4) A practice direction shall be published in such manner as the President of the Court of Appeal may direct.

• (5) This section is without prejudice to any powers of the Court of Appeal in respect of proceedings before it.

• (6) In this section—

"appeal" includes a cross-appeal or request to vary an order under appeal;

"party" includes a notice party or a party permitted by the Court of Appeal to intervene in proceedings.]

7D. F20[President of Court of Appeal

7D. —It shall be a function of the President of the Court of Appeal to arrange the distribution and allocation of the business of the Court of Appeal including the arrangement of the divisions of the Court referred to in section 7A(5) and the convening and dissolution of such divisions.]

8. General jurisdiction of High Court.

8.—(1) The High Court shall be a superior court of record with such original and other jurisdiction as is prescribed by the Constitution.

• (2) There shall be vested in the High Court—

• (a) all jurisdiction which was, immediately before the commencement of Part I of the Act of 1924, vested in or capable of being exercised by the former High Court of Justice in Southern Ireland or any division or judge thereof and was, immediately before the operative date, vested in or capable of being exercised by the existing High Court,

• (b) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing High Court.

• (3) The jurisdictions vested in the High Court shall include all powers, duties and authorities incident to any and every part of the jurisdictions so vested.

8A. F21[General jurisdiction of Family High Court

8A.— ...]

8B. F22[Exercise of jurisdiction by judges of Family High Court

8B.— ...]

F23[Proceedings and sittings of Family High Court

8C.— ...]

9. Jurisdiction of High Court in lunacy and minor matters.

9.—(1) There shall be vested in the High Court the jurisdiction in lunacy and minor matters which—

• (a) was formerly exercised by the Lord Chancellor of Ireland,

• (b) was, at the passing of the Act of 1924, exercised by the Lord Chief Justice of Ireland, and

• (c) was, by virtue of subsection (1) of section 19 of the Act of 1924 and subsection (1) of section 9 of the Act of 1936, vested, immediately before the operative date, in the existing High Court.

• (2) The jurisdiction vested in the High Court by subsection (1) of this section shall be exercisable by the President of the High Court or, where the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court.

• (3) References in the Lunacy Regulation (Ireland) Act, 1871, and the rules and orders made thereunder to “the Lord Chancellor entrusted as aforesaid” shall be construed as references to the judge of the High Court for the time being exercising the jurisdiction vested in the High Court by subsection (1) of this section.

• (4)
• (a) The President of the High Court or such other Judge of the High Court as may be assigned by him under subsection (2) of this section may from time to time by order made under section 118 of the Lunacy Regulation (Ireland) Act, 1871, amend any form prescribed by or under that Act for use in relation to the jurisdiction in lunacy matters vested in the High Court by subsection (1) of this section by substituting in such form the expression “ward of court” or such other similar expression as he thinks proper for the word “lunatic” and the expression “person of unsound mind” respectively and by making such further consequential amendments in that form as he thinks necessary and proper.

• (b) Any order made under section 4 of the Courts of Justice Act, 1928, as amended by paragraph (b) of subsection (2) of section 9 of the Act of 1936, which is in force immediately before the operative date shall continue in force and be deemed to have been made under paragraph (a) of this subsection.

• (5) Such solicitors, doctors, visitors and other persons as were, immediately before the operative date, retained or nominated in relation to the exercise of any jurisdiction which, by virtue of subsection (1) of section 19 of the Act of 1924 and subsection (1) of section 9 of the Act of 1936, was, immediately before the operative date, vested in the existing High Court shall be retained or nominated by the President of the High Court and section 59 of the Act of 1926, as applied by section 48 of this Act, shall not apply to them.

Chief Justice and President of the High Court

10. Jurisdiction of Chief Justice and President of the High Court.

10.—(1) There shall be exercisable by the Chief Justice—

• (a) the jurisdiction in relation to solicitors which, by virtue of subsection (2) of section 19 of the Act of 1924, and subsection (3) of section 14 of the Solicitors Act, 1954, was, immediately before the operative date, vested in or capable of being exercised by the existing Chief Justice,

• (b) the power of appointing notaries public and commissioners to administer oaths,

• (c) all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Chief Justice.

• (2) F27[…]

• (3) It shall be the function of the President of the High Court F27[…] to arrange the distribution and allocation of the business of the High Court.

• (4) F28[…]

• (5) There shall be exercisable by the President of the High Court all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing President of the High Court.

Central Criminal Court

11. The Central Criminal Court.

11.—(1) The High Court exercising the criminal jurisdiction with which it is invested shall be known as An Phríomh-Chúirt Choiriúil (The Central Criminal Court) and is in this Act referred to as the Central Criminal Court.

• (2)
• (a) The jurisdiction exercisable by the Central Criminal Court shall be exercisable by a judge or judges of the High Court (including the President of the High Court) nominated from time to time by the President of the High Court.

• (b) The jurisdiction of the Court shall be exercisable by each judge for the time being so nominated save that, where the President of the High Court directs that two or more such judges shall sit together for the purpose of a particular case, the jurisdiction of the Court for that purpose shall be exercised by those judges sitting together.

• (3) Every person lawfully brought before the Central Criminal Court may be indicted before and tried and sentenced by that Court, wherever it may be sitting, in like manner in all respects as if the crime with which such person is charged had been committed in the county or county borough in which the said Court is sitting.

• (4) References in any other enactment (whether passed before or after this Act) to the Central Criminal Court shall be construed as references to the High Court exercising the criminal jurisdiction with which it is invested.

Court of Criminal Appeal

12. Jurisdiction of Court of Criminal Appeal.

12.—F30[…]

High Court Circuits

13. High Court Circuits.

13.—The grouping of the several counties and county boroughs (other than the county of Dublin and the county borough of Dublin) in the State into High Court Circuits under subsection (1) (repealed by this Act) of section 33 of the Act of 1936 shall, subject to any order which may be made under subsection (2) of the said section 33, as applied by section 48 of this Act, continue to have effect, and references in any enactment to High Court Circuits shall be construed accordingly.

Exercise of Jurisdiction

14. Jurisdiction to be exercised pursuant to rules of court (Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court and Court of Criminal Appeal).

14.—(1) In this section “rules of court” means rules made under section 36 of the Act of 1924, as applied by section 48 of this Act.

• (2) The jurisdiction which is F31[…] vested in or exercisable by the Supreme Court, the High Court, the Chief Justice, the President of the High Court, the Central Criminal Court and the Court of Criminal Appeal respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court, and, where no provision is contained in such rules and so long as there is no rule with reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the respective existing courts or judges by which or by whom such jurisdiction was, immediately before the operative date, respectively exercisable.

• F32[(2A) The jurisdiction which is vested in or exercisable by the Court of Appeal and the President of the Court of Appeal respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court, and, where no provision is contained in such rules and so long as there is no rule with reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the respective courts or judges by which or by whom such jurisdiction was, immediately before the establishment day (within the meaning of section 2 of the Act of 2014), respectively exercisable.]

• F33[(3) Rules of court may, in relation to proceedings and matters (not being criminal proceedings or matters or matters relating to the liberty of the person) in the High Court, the Court of Appeal and Supreme Court, authorise the Master of the High Court and other principal officers, within the meaning of the Court Officers Acts 1926 to 2014 to exercise functions, powers and jurisdiction in uncontested cases and to take accounts, conduct inquiries and make orders of an interlocutory nature.]

PART III Circuit Court

15. Definitions (Part III).

15.—In this Part of and in the Third, Fourth and Fifth Schedules to this Act—

“action” means a civil proceeding in the Circuit Court commenced by civil bill;

“cause” means any action, suit or original proceeding between a plaintiff and a defendant;

“defendant” includes respondent;

“incorporeal hereditament” includes an easement and a licence in respect of land;

“matter” means any proceeding in the Circuit Court not in a cause;

“plaintiff” includes applicant and petitioner;

“proceedings” includes both causes and matters;

references to the judge of a particular circuit shall be construed as references to the judge of the Circuit Court for the time being assigned to that circuit;

“personality” does not include chattels real;

“land” includes incorporeal hereditaments;

“rules of court” means rules made under section 66 of the Act of 1924, as applied by section 48 of this Act.

16. Number of ordinary judges of Circuit Court.

16.—F34[…]

17. Qualifications of judges of Circuit Court.

17.—(1) (a) The existing President of the Circuit Court shall be qualified for appointment as President of the Circuit Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the Circuit Court.

• (b) Each of the persons (other than the existing President of the Circuit Court) who are judges of the existing Circuit Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Circuit Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Circuit Court.

• (c) Paragraphs (a) and (b) of this subsection apply only in relation to the qualification for appointment of the first judges of the Circuit Court.

• (d) Subsections (2) and (3) of this section shall have effect subject to the preceding paragraphs of this subsection.

• F35[(2) F36[Subject to subsection (4), a person] who is for the time being a practising barrister or a practising solicitor of not less than 10 years' standing shall be qualified for appointment as a judge of the Circuit Court.

• (2A) F36[Subject to subsection (4), a judge] of the District Court shall be qualified for appointment as a judge of the Circuit Court.

• (2B) F36[Subject to subsection (4), a county registrar] who practised as a barrister or a solicitor for not less than 10 years before he or she was appointed to be a county registrar shall be qualified for appointment as a judge of the Circuit Court.]

• F37[(2C) A specialist judge of the Circuit Court shall be qualified for appointment as an ordinary judge of the Circuit Court.]

• (3) An ordinary judge of the Circuit Court shall be qualified for appointment as President of the Circuit Court.

• F37[(4) Any of the following persons shall be qualified for appointment as a specialist judge of the Circuit Court:

• (a) a person who is for the time being a county registrar, having held such office for not less than 2 years continuously, and

• (b) subject to subsection (5)—

• (i) a person who is for the time being a practising barrister or a practising solicitor of not less than 10 years standing, and

• (ii) a judge of the District Court.

• (5) Subsection (4)(b) shall come into operation on such day, being not later than 1 January 2014, as the Minister may by order appoint.]

• F38[(6) Section 45A provides an additional basis for qualification for appointment as a judge of the Circuit Court.

• (7) In this section, "practising barrister" has the same meaning as it has in the Act of 2015.]

18. Age of retirement of judge of Circuit Court.

18.—(1) The age of retirement of a judge of the Circuit Court shall be seventy years.

• (2) Notwithstanding subsection (1) of this section, the age of retirement of a judge of the Circuit Court who was a judge of the existing Circuit Court at the passing of the Act of 1947 shall be seventy-two years.

19. Pensions of judges of Circuit Court.

19.—(1) The provisions set out in Part II of the Second Schedule to this Act shall apply to the pensions of judges of the Circuit Court.

• (2) Where a judge of the Circuit Court is removed from office on account of incapacity, he shall be deemed for the purpose of pension to have vacated his office owing to permanent infirmity.

20. Circuits and assignment of judges to circuits.

20.—(1) The circuits created under section 16 (repealed by this Act) of the Act of 1953 shall be the circuits for the purposes of the Circuit Court.

• (2) F40[…]

• (3) F40[…]

20A. F42[Creation and alteration of Family Circuit Court circuits

20A.— ...]

21. Circuit Court to be a court of record.

21.—The Circuit Court shall be a court of record.

22. Jurisdiction of Circuit Court, except in applications for new on-licences and in indictable offences.

22.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the Circuit Court shall, concurrently with the High Court, have all the jurisdiction of the High Court to hear and determine any proceedings of the kind mentioned in column (2) of the Third Schedule to this Act at any reference number.

• (b) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of paragraph (a) of this subsection, have jurisdiction to hear and determine any cause of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number in the case mentioned in column (3) of the said Schedule at that reference number.

• (c) The Circuit Court shall not, by virtue of paragraph (a) of this subsection, have jurisdiction to hear and determine any matter of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number in the case mentioned in column (3) of the said Schedule at that reference number.

• (d) The jurisdiction of the Circuit Court to hear and determine proceedings of the kind mentioned in column (2) of the Third Schedule to this Act at a particular reference number shall be exercised by the judge of the Circuit Court mentioned in column (4) of the said Schedule at that reference number.

• (e) Where an incorporeal hereditament is involved in any proceedings in respect of which the Circuit Court has jurisdiction by virtue of this subsection, references in column (4) of the Third Schedule to this Act to the circuit where the land or any part of the land is situate shall be construed as references to the circuit where the land or any part of the land to, out of or in respect of which the incorporeal hereditament is annexed, arises, issues or is exercisable is situate.

• (2) The Circuit Court shall, concurrently with the High Court, have and exercise the jurisdiction in lunacy matters which was conferred on the Lord Chancellor of Ireland by section 68 of the Lunacy Regulation (Ireland) Act, 1871, that is to say, in cases where the property of the person alleged to be of unsound mind and incapable of managing his affairs does not exceed F43[five thousand pounds] in value or the income therefrom does not exceed F43[three hundred pounds] per annum.

• (3)
• (a) The Circuit Court shall have and exercise the several jurisdictions which—

• (i) were, under or by virtue of any enactment set out in column (2) of the Fourth Schedule to this Act or any other enactment formerly vested in or capable of being exercised by chairmen of quarter sessions, recorders, county court judges, or quarter sessions, and

• (ii) were, immediately before the operative date, vested in or capable of being exercised by the existing Circuit Court.

• (b) The jurisdiction vested in the Circuit Court by paragraph (a) of this subsection under any enactment set out in column (2) of the Fourth Schedule to this Act at a particular reference number shall be exercised by the judge of the Circuit Court mentioned in column (3) of the said Schedule at that reference number.

• (c) The Minister may from time to time by order make such provisions (not inconsistent with the provisions of paragraph (b) of this subsection) for the exercise by judges of the Circuit Court severally of any jurisdiction vested in the Circuit Court by paragraph (a) of this subsection as are in his opinion necessary or proper having regard to the provisions of this Act relating to the Circuit Court and the judges thereof.

• (d) Every order made by the Minister under paragraph (c) of this subsection shall, if the order so provides, have and be deemed always to have had effect as on and from the operative date.

• (4)
• (a) Each British statute mentioned in column (2) of the Fifth Schedule to this Act shall have effect subject to the adaptations specified in column (3) of the said Schedule opposite the mention of that statute.

• (b) The Minister may from time to time by order make such adaptations (not inconsistent with the adaptations effected by paragraph (a) of this subsection) in any enactment (wherein there is a reference to the former civil bill courts, county courts or courts of quarter sessions, to the former assistant barristers, recorders, county court judges or chairmen of quarter sessions or to former officers of those courts) contained in any British statute or Saorstát Éireann statute as are, in his opinion, necessary or proper having regard to the provisions of this Act relating to the Circuit Court and the judges thereof.

• (c) Every order made by the Minister under paragraph (b) of this subsection shall, if the order so provides, have and be deemed always to have had effect as on and from the operative date.

• (5)
• (a) There shall also be vested in the Circuit Court all jurisdiction which, by virtue of any enactment which is applied by section 48 of this Act, was, immediately before the operative date, vested in or capable of being exercised by the existing Circuit Court.

• (b) A particular jurisdiction vested in the Circuit Court by paragraph (a) of this subsection shall, in case the exercise of that jurisdiction by the judges of the Circuit Court severally is not provided for in an enactment applied by section 48 of this Act, be exercised by the judges of the Circuit Court severally in the manner provided by rules of court.

• (6) The Circuit Court, as regards any cause of action for the time being within its jurisdiction, shall in any proceedings before it—

• (a) grant such relief, redress or remedy or combination of remedies, absolute or conditional, and

• (b) give such and the like effect to every ground of defence or counterclaim, legal or equitable,

as ought to be granted or given in the like case by the High Court and in as full and ample a manner.

• (7) Without prejudice to any jurisdiction conferred by the previous subsections of this section, the Circuit Court shall have powers of attachment, garnishee and interpleader, and shall have all powers (including the power to appoint a receiver) ancillary to any jurisdiction exercisable by it.

• F44[(8)
• (a) Any interested party may at any time apply to the judge of the Circuit Court before whom an action commenced in that court or an appeal from the District Court is pending to have the action or appeal forwarded to the High Court and thereupon, in case the action or appeal is one fit to be tried in the High Court and the High Court appears to be the more appropriate tribunal in the circumstances, the said judge may send forward the action or appeal to the High Court upon such terms and subject to such conditions as to costs or otherwise as may appear to him to be just, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge granting or refusing any such application.

• (b) Any interested party may at any time apply to a justice of the District Court before whom an action commenced in that court is pending to have the action forwarded to the Circuit Court or the High Court and thereupon, in case the action is one fit to be tried in the Circuit Court or the High Court, as the case may be, and the Circuit Court or the High Court, as the case may be, appears to be the more appropriate tribunal in the circumstances, the said justice may send forward the action to the Circuit Court or the High Court, as the case may be, upon such terms and subject to such conditions as to costs or otherwise as may appear to him to be just, and an appeal shall lie under section 84 of the Act of 1924, as applied by section 48 of this Act, from the decision of the justice granting or refusing any such application.]

• (9) A judge of the Circuit Court may, on the application of any party or on his own motion, if he thinks fit, by order change the venue for the trial of any action pending before him from one place of hearing to any other within his circuit, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge of the Circuit Court making or refusing to make any such order.

• (10) A judge of the Circuit Court may, on the application of any party to an action which has been partly heard, transfer the remainder or any portion of the hearing to another venue within his circuit or within the Dublin Circuit, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the judge granting or refusing any such application.

• (11) A judge of the Circuit Court may, outside his circuit, hear and determine any application which he has power to hear and determine within that circuit and which, in his opinion, should be dealt with as a matter of urgency.

• (12) Where—

• (a) an action is pending before a judge of the Circuit Court for the time being assigned to a particular circuit, and

• (b) an application is made by any party to such action for the transfer of such action to another circuit for hearing by the judge of the Circuit Court for the time being assigned to such other circuit,

such first-mentioned judge may, with the consent of such other judge, transfer such action accordingly and thereupon such action shall be heard and determined by such other judge, and an appeal shall lie under section 38 of the Act of 1936, as applied by section 48 of this Act, from the decision of the first-mentioned judge granting or refusing any such application.

• (13) A judge of the Circuit Court may adjourn the hearing of any proceedings before him to any other court within his circuit.

• (14) A judge of the Circuit Court may make out of court any orders which he may deem to be urgent.

• (15)
• (a) Notwithstanding anything contained in Part IV of the Act of 1936, as applied by section 48 of this Act, no appeal shall lie from any decision of the Circuit Court in any proceedings in a cause if, before the decision is given, the parties agree, in writing signed by them, that the decision shall be final.

• (b) An agreement under paragraph (a) of this subsection shall not require a stamp.

• F45[(16) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

• (a) the President of the Circuit Court, or

• (b) any other judge of the Circuit Court as may be nominated for that purpose by the President of the Circuit Court,

may, subject to any practice direction issued under subsection (17), make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Circuit Court.

• (17) The President of the Circuit Court may, in the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, issue directions (in this section referred to as "practice directions") in relation to the conduct of proceedings before the Circuit Court.

• (18) A practice direction may relate to—

• (a) civil or criminal proceedings, or both, or

• (b) a class or classes of civil or criminal proceedings, or both,

and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the President of the Circuit Court to be necessary or expedient for the purposes of the direction.

• (19) A practice direction shall be published in such manner as the President of the Circuit Court may direct.

• (20) Subsections (16) to (19) are without prejudice to any powers of the Circuit Court in respect of proceedings before it.]

22A. F46[Jurisdiction of Family Circuit Court and exercise of jurisdiction by judges of Family Circuit Court

22A.— ...]

22B. F47[Functions of Principal Judge of Family Circuit Court

22B.— ...]

23. Jurisdiction of Cork Circuit Court Judge in admiralty causes and in bankruptcy.

23.—F48[…]

24. Jurisdiction of Circuit Court in applications for new on-licences.

24.—(1) In this section “on-licence” has the same meaning as in the Licensing Acts, 1833 to 1960.

• (2) The Circuit Court shall have jurisdiction in all cases of applications for new on-licences.

• (3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge of the circuit in which the premises in respect of which the new on-licence is sought are situate.

• (4) Where the Circuit Court grants under this section a new on-licence, then, notwithstanding anything contained in any enactment, the licence shall not require to be confirmed at any subsequent sitting of the Circuit Court.

25. Jurisdiction of Circuit Court in indictable offences.

25.—(1) Subject to subsection (2) of this section, the Circuit Court shall have and may exercise every jurisdiction as respects indictable offences for the time being vested in the Central Criminal Court and every person lawfully brought before the Circuit Court in exercise of such jurisdiction may be indicted before and tried and, if convicted, sentenced by the Circuit Court accordingly.

• (2) The jurisdiction conferred on the Circuit Court by subsection (1) of this section shall not extend to treason, an offence under section 2 or 3 of the Treason Act, 1939, an offence under section 6, 7 or 8 of the Offences Against the State Act, 1939, murder, attempt to murder, conspiracy to murder, or piracy, including an offence by an accessory before or after the fact.

• (3) The jurisdiction vested in the Circuit Court by subsection (1) of this section shall be exercised by the judge of the circuit in which the offence charged has been committed or in which the accused person has been arrested or resides.

• (4) In section 6 of the Courts of Justice Act, 1926, as applied by section 48 of this Act, and in subsection (1) of section 14 of the Wireless Telegraphy Act, 1926, the references to section 53 of the Act of 1924 shall be construed as references to subsection (3) of this section F49[and section 25A of this Act].

25A. F50[Exercise of jurisdiction by Circuit Court judges in indictable offences.

25A.—(1) Where, in respect of an offence committed in the State—

• (a) the accused person does not reside in the State,

• (b) he or she was not arrested for and charged with the offence in the State, and

• (c) either—

• (i) the offence was committed in more than one circuit, or

• (ii) it is known that it was committed in one of not more than three circuits, but the particular circuit concerned is not known,

then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in each of the circuits concerned and a judge of any of the circuits concerned may deal with the case.

• (2) Where the circumstances of an offence committed in the State fall within paragraphs (a) and (b), but not (c), of subsection (1) of this section and the circuit in which the offence was committed is not known, then, for the purposes of section 25(3) of this Act, the offence shall be deemed to have been committed in the Dublin Circuit.

• (3) A case does not fall within this section unless it is shown that reasonable efforts have been made to ascertain the whereabouts of the accused person for the purposes of arresting him or her for and charging him or her with the offence concerned.

• (4) Where a judge of a circuit exercises jurisdiction in relation to an indictable offence by virtue of this section, the judge or any other judge assigned to the circuit shall have jurisdiction in relation to the offence until the conclusion of proceedings in respect of it in the Circuit Court notwithstanding that it is later established that, but for this subsection, he or she would not have had jurisdiction in relation to the offence.

• (5) In this section "offence" means an indictable offence as respects which jurisdiction is vested in the Circuit Court by section 25 of this Act.]

26. Transfer of trials in criminal cases by judge of the Circuit Court.

26.—(1) A judge of the Circuit Court may, if he thinks fit, transfer the trial of a criminal issue from the place in his circuit where it is required by law to be held to any other place in that circuit, and, in that event, the trial shall be held at the place to which it is transferred with a jury drawn from the jury district or other area prescribed for trials by the Circuit Court sitting in the latter place.

• (2) An order of a judge of the Circuit Court under subsection (1) of this section—

• (a) may be made only on the application of the Attorney General or an accused person,

• (b) may provide for matters ancillary or incidental to the transfer, and

• (c) shall be final and unappealable.

26A. F51[Functions, powers and jurisdiction of specialist judges of the Circuit Court.

26A.—(1) Notwithstanding any other enactment conferring functions, powers and jurisdiction on a judge of the Circuit Court, a specialist judge of that court may only perform the functions and exercise the powers and jurisdiction that are conferred upon him or her by this section.

• (2) The functions, powers and jurisdiction conferred on the Circuit Court by the Personal Insolvency Act 2012 may, subject to this section, be performed and exercised by a specialist judge.

• F52[(2A) The functions, power and jurisdiction conferred on the Circuit Court by the Assisted Decision-Making (Capacity) Act 2015 may, subject to this section, be performed and exercised by a specialist judge.]

• (3) A specialist judge may make any order that may be made by a County Registrar under section 34(1) of, and the Second Schedule to, the Courts and Court Officers Act 1995, subject to the following modifications and any other necessary modifications—

• (a) a reference in the Schedule to a County Registrar shall be construed as a reference to a specialist judge,

• (b) section 34(2) of the Act shall not apply to such an order, and

• (c) the deletion of paragraph 8 of the Schedule.

• (4) In performing the functions and exercising the jurisdiction conferred upon him or her by this section, a specialist judge shall have all powers ancillary to those functions or that jurisdiction.

• (5) A specialist judge may perform functions and exercise powers and jurisdiction in respect of proceedings to which F53[subsections (2), (2A) and (3)] apply that are before the Circuit Court only in a relevant circuit.

• (6) A specialist judge may, in any place in the State outside a relevant circuit, hear and determine any application which he or she has power to hear and determine within that circuit and which, in his or her opinion, should be dealt with as a matter of urgency.

• (7) A specialist judge may adjourn proceedings or any part of proceedings before him or her to any other judge of the Circuit Court within a relevant circuit.

• (8) A specialist judge may make out of court any orders which he or she may deem to be urgent.

• (9) In this section—

“enactment” means—

• (a) an Act of the Oireachtas,

• (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

• (c) an instrument made under—

• (i) an Act of the Oireachtas, or

• (ii) a statute referred to in paragraph (b);

“relevant circuit” means, in relation to a specialist judge, a circuit to which he or she is assigned under section 10(3) of the Courts of Justice Act 1947 or section 2A (inserted by section 193 of the Personal Insolvency Act 2012) of the Courts Act 1977.]

27. Jurisdiction to be exercised pursuant to rules of court (Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court).

27.—(1) The jurisdiction which is by virtue of this Act vested in or exercisable by the Circuit Court, F54[…] and the Cork Local Bankruptcy Court respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court, and where, as regards the jurisdiction of F54[…] the Cork Local Bankruptcy Court, there is no provision in such rules and so long as there is no rule in reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the former Recorder of Cork.

• (2) The rule-making authority for the Circuit Court shall also be the rule-making authority for the F54[…] the Cork Local Bankruptcy Court.—

PART IV District Court

General Provisions

28. Number of justices of District Court.

28.—F55[…]

29. Qualifications of justices of District Court and interpretation of section 2 of the Act of 1949, as applied by section 48 of this Act.

29.—(1) (a) Each of the persons who are justices of the existing District Court immediately before the operative date shall be qualified for appointment as a justice of the District Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as a justice of the District Court.