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.]