The Law Commission

 


APPENDIX B

THE LAW COMMISSION'S IMPLEMENTED REPORTS SINCE 1985

Publications which have been laid before Parliament under section 3(2) of the Law Commissions Act 1965 and publications which have been presented to Parliament as Command Papers, excluding reports on consolidation, showing implementation. The date shows the year in which the report was published. Those marked + are the result of a reference under section 3(1)(e) of the Act.

Law Com No	Title	Implementing Legislation
	1985
138+	Family Law: Conflicts of Jurisdiction Affecting the Custody of Children (Joint Report - Scot Law Com No 91) (Cmnd 9419)	Family Law Act 1986 Part I (c 55)
141	Codification of the Law of Landlord and Tenant: Covenants Restricting Dispositions, Alterations and Change of User (HC 278)	In part by Landlord and Tenant Act1988 (c 26)
146	Private International Law: Polygamous Marriages –Capacity to Contract a Polygamous Marriage and Related Issues (Joint Report - Scot Law Com No 96) (Cmnd 9595)	Private International Law (Miscellaneous Provisions) 1995 (c 42)
147	Criminal Law: Report on Poison-Pen Letters (HC 519)	Malicious Communications Act 1988 (c 27)
148	Property Law: Second Report on Land Registration: Inspection of the Register (HC 551)	Land Registration Act 1988 (c 3)
150	Statute Law Revision: Twelfth Report (Joint Report - Scot Law Com No 99) (Cmnd 9648)	Statute Law (Repeals) Act 1986 (c 12); Patents, Designs and Marks Act 1986 (c 39)
151+	Rights of Access to Neighbouring Land (Cmnd 9692)	Access to Neighbouring Land Act 1992 (c 23)
	1986
157	Family Law: Illegitimacy (2nd Report) (Cmnd 9913)	Family Law Reform Act 1987 (c 42)
	1987
160	Sale and Supply of Goods (Joint Report – Scot Law Com No 104) (Cm 137)	Sale and Supply of Goods Act 1994 (c 35)
161	Leasehold Conveyancing (HC 360)	Landlord and Tenant Act 1988 (c 26)
163	Deeds and Escrows (HC 1)	Law of Property (Miscellaneous
164	Transfer of Land: Formalities for Contracts for Sale etc of Land (HC 2)	Law of Property (Miscellaneous Provisions) Act 1989 (c 34)
165	Private International Law: Choice of Law Rules in Marriage (Joint Report - Scot Law Com No 105) (HC 3)	Foreign Marriage (Amendment) Act 1988 (c 44)
166	Transfer of Land: The Rule in Bain v Fothergill (Cm 192)	Law of Property (Miscellaneous Provisions) Act 1989 (c 34)
	1988
172	Family Law: Review of Child Law: Guardianship and Custody (HC 594)	Children Act 1989 (c 41)
174	Landlord and Tenant Law: Privity of Contract and Estate (HC 8)	Landlord and Tenant (Covenants) Act 1995 (c 30)
	1989
179	Statute Law Revision: Thirteenth Report (Joint Report - Scot Law Com No 117) (Cm 671)	Statute Law (Repeals) Act 1989 (c 43)
180	Criminal Law: Jurisdiction over Offences of Fraud and Dishonesty with a Foreign Element (HC 318)	Criminal Justice Act 1993 Part I (c 36)
181	Transfer of Land: Trusts of Land (HC 391)	Trusts of Land and Appointment of Trustees Act 1996 (c 47)
184	Property Law: Title on Death (Cm 777)	Law of Property (Miscellaneous Provisions) Act 1994 (c 36)
186	Criminal Law: Computer Misuse (Cm 819)	Computer Misuse Act 1990 (c 18)
187	Family Law: Distribution on Intestacy (HC 60)	Law Reform (Succession) Act 1995 (c 41)
188	Transfer of Land: Overreaching: Beneficiaries in Occupation (HC 61)	Trusts of Land and Appointment of Trustees Act 1996 (c 47)
	1990
192	Family Law: The Ground for Divorce (HC 636)	Family Law Act 1996 (c 27)
193	Private International Law: Choice of Law in Tort and Delict (Joint Report - Scot Law Com No 129) (HC 65)	Private International Law (Miscellaneous Provisions) Act 1995 (c 42)
	1991
196	Rights of Suit in Respect of Carriage of Goods by Sea (Joint Report - Scot Law Com No 130) (HC 250)	Carriage of Goods by Sea Act 1992 (c 50)
199	Transfer of Land: Implied Covenants for Title (HC 437)	Law of Property (Miscellaneous Provisions) Act 1994 (c 36)
202+	Criminal Law: Corroboration of Evidence in Criminal Trials (Cm 1620)	Criminal Justice and Public Order Act 1994 (c 33)
	1992
205	Criminal Law: Rape within Marriage (HC 167)	Criminal Justice and Public Order Act 1994 (c 33)
207	Family Law: Domestic Violence and Occupation of the Family Home (HC 1)	Family Law Act 1996 (c 27)
208	Landlord and Tenant: Business Tenancies: A Periodic Review of the Landlord and Tenant Act 1954 Part II (HC 224	Regulatory Reform (Business Tenancies) (England and Wales) Order 2003)
	1993
211	Statute Law Revision: Fourteenth Report (Joint Report - Scot Law Com No 140) (Cm 2176)	Statute Law (Repeals) Act 1993 (c 50)
215	Sale of Goods Forming Part of a Bulk (Joint Report - Scot Law Com No 145) (HC 807)	Sale of Goods (Amendment) Act 1995 (c 28)
216	The Hearsay Rule in Civil Proceedings (Cm 2321)	Civil Evidence Act 1995 (c 38)
217	Family Law: The Effect of Divorce on Wills	Law Reform (Succession) Act 1995 (c 41)
	1994
220	The Law of Trusts: Delegation by Individual Trustees (HC 110)	Trustee Delegation Act 1999 (c 15)
224	Structured Settlements and Interim and Provisional Damages (Cm 2646)	In part by Finance Act 1995 (c 4); Civil Evidence Act 1995 (c 38); and Damages Act 1996 (c 48)
226	Administrative Law: Judicial Review and Statutory Appeals (HC 669)	In part by Housing Act 1996 (c 52)
227+	Restitution: Mistakes of Law and Ultra Vires Public Authority Receipts and Payments (Cm 2731)	Part implemented – see note below
228	Criminal Law: Conspiracy to Defraud (HC 11)	Theft (Amendment) Act 1996 (c 62)
	1995
230	Legislating the Criminal Code: The Year and a Day	Law Reform (Year and a Day Rule)
	Rule in Homicide (HC 183)	Act 1996 (c 19)
233	Statute Law Revision: Fifteenth Report (Joint Report	Statute Law (Repeals) Act 1995 (c 44)
	- Scot Law Com No 150) (Cm 2784)	(c 44)
235	Transfer of Land: Land Registration (jointly with	Land Registration Act 1997 (c 2)
	H M Land Registry) (Cm 2950)
	1996
242	Privity of Contract: Contracts for the Benefit of Third Parties (Cm 3329)	Contracts (Rights of Third Parties) Act 1999 (c 31)
243	Offences of Dishonesty: Money Transfers (HC 690)	Theft (Amendment) Act 1996 (c 62)
	1997
245+	Evidence in Criminal Proceedings: Hearsay and Related Topics (Cm 3670)	Criminal Justice Act 2003 (c 44)
	1998
252	Statute Law Revision: Sixteenth Report (Joint Report - Scot Law Com No 166) (Cm 3939)	Statute Law (Repeals) Act 1998 (c 43)
	1999
260	Trustees' Powers and Duties (Joint Report - Scot Law Com No 166) (HC 538/SE 2)	Trustee Act 2000 (c 29)
	2001
267+	Double Jeopardy and Prosecution Appeals (Cm 5048)	Criminal Justice Act 2003 (c 44)
269	Bail and the Human Rights Act 1998 (HC 7)	Criminal Justice Act 2003 (c 44)
271	Land Registration for the Twenty-First Century (Joint Report with HM Land Registry) (HC 114)	Land Registration Act 2002 (c 9)
273+	Evidence of Bad Character in Criminal Proceedings (Cm 5257)	Criminal Justice Act 2003 (c 44)

NOTE ON LAW COM NO 227 Part of this report was implemented by the House of Lords in the case of Kleinwort Benson v Lincoln City Council [1999] 2AC 349; another part is outstanding: see our Eighth Programme of Law Reform at para 2.13, and our Annual Report for 1998 at para 1.22.

APPENDIX C

LAW COMMISSION LAW REFORM REPORTS AWAITING IMPLEMENTATION

Of all the Law Commission's 170 law reform reports, the 29 listed below remain outstanding. 17 of these, marked *, have been accepted by the Government in full or in part, subject to Parliamentary time being available.

Year	Law Com No		Title
1991	194		Distress for Rent
1993	218	*	Offences against the Person and General Principles
1994	222	*	Binding Over
	226	*	Judicial Review and Statutory Appeals
1995	229		Intoxication and Criminal Liability
	231	*	Mental Incapacity
1996	237	*	Involuntary Manslaughter
	238		Landlord and Tenant: Responsibility for State and Condition of Property
1997	246	*	Shareholder Remedies
	247	*	Aggravated, Exemplary and Restitutionary Damages
1998	248	*	Corruption Offences
	249		Liability for Psychiatric Illness
	251	*	The Rules Against Perpetuities and Excessive Accumulations
	253	*	The Execution of Deeds and Documents by or on behalf of Bodies Corporate
	255	*	Consents to Prosecution
1999	257		Damages for Personal Injury: Non-Pecuniary Loss
	261	*	Company Directors: Regulating Conflicts of Interests and
			Formulating a Statement of Duties
	262		Damages for Personal Injury: Medical, Nursing and other Expenses; Collateral Benefits
1999	263		Claims for Wrongful Death
2001	270	*	Limitation of Actions
	272	*	Third Parties – Rights against Insurers
2002	276		Fraud
	277	*	The Effective Prosecution of Multiple Offending
2003	281		Land, Valuation and Housing Tribunals: The Future
	282	*	Children: Their Non-accidental Death or Serious Injury
	283		Partnership Law
	284		Renting Homes
	286		Towards a Compulsory Purchase Code: (1) Compensation
2004	287		Pre-Judgment Interest on Debts and Damages

APPENDIX D

VISITORS FROM OVERSEAS

Among the visitors to the Law Commission during the period covered by this report were:

Australia	Professor Marcia Neave (Chair, Victoria Law Reform Commission)
Egypt	Chief Justice Mamdouh Marree (Egyptian Supreme Constitutional Court) Deputy Chief Justice Adel Omar El Sharif (Egyptian Supreme Constitutional Court)
Germany	Judge Dr Herr Shoppmeyer (Ninth Senate of the German Supreme Court)
Israel	Dr Susan Hattis Rolef (Head of the International Desk, Knesset Research and Information Centre)
Sierra Leone	Mr Peter Tucker (Chairman, Law Reform Commission)
Spain	Sr Javier Torre de Silva (Council of State)

Delegations:	Chile
	China
	Commonwealth Secretariat (Public Administration International Study Programme: "Lawyers and Government – Managing Change")
	Egypt
	United Arab Emirates
	United States of America (Penn State University, Harrisburg)

APPENDIX E

STAFF

(AS AT THE END OF MARCH 2004)

The names of the Commission's legal staff are set out, by their teams, at the head of Parts IV-VIII.

In addition, the Law Commission's Corporate Service Team comprises:

Chief Executive	Deputy Chief Executive and Budget Manager	Personnel, Policy and Planning
Mr Steve Humphreys	Mr C K Porter	Miss C J Smith
Personnel/Recruitment/ Resource Accounting	Printing, Publishing and Website	Facilities and Registry
Miss J A Griffiths	Mr D R Leighton	Ms A L Peries
	Editor and Web Manager	Facilities Manager
		Mr T D Cronin
Library Services	Secretarial Support	Registry
Mr K Tree	Miss C P Cawe	Ms C Ferguson
Librarian	Mrs H C McFarlane	Registry
Mr M Hallissey	Miss A J Meager	Miss R Mabbs
Assistant Librarian	Miss A Piper	Office Keeper
Miss C McCaughren	Ms J R Samuel	Mrs A Menditta
Library Trainee		Messenger
Chairman's Support
Ms N Hajazi
Clerk

CONTACT POINTS:

THE GENERAL ENQUIRY TELEPHONE NUMBER IS:	020-7453-1220
THE GENERAL FAX NUMBER IS:	020-7453-1297
THE LAW COMMISSION'S WEBSITE ADDRESS IS:	HTTP://WWW.LAWCOM.GOV.UK
EMAIL ADDRESSES
GENERAL EMAIL ADDRESS (EXCEPT LIBRARY SERVICES):	CHIEF.EXECUTIVE@LAWCOMMISSION.GSI.GOV.UK
LIBRARY EMAIL ADDRESS:	LIBRARY@LAWCOMMISSION.GSI.GOV.UK
THE LAW REFORM TEAMS AND THE STATUTE LAW REVISION TEAM HAVE INDIVIDUAL EMAIL ADDRESSES, WHICH CAN BE FOUND ON THE TEAM PAGES OF THE COMMISSION'S WEBSITE	THE LAW REFORM TEAMS AND THE STATUTE LAW REVISION TEAM HAVE INDIVIDUAL EMAIL ADDRESSES, WHICH CAN BE FOUND ON THE TEAM PAGES OF THE COMMISSION'S WEBSITE

APPENDIX F

THE COST OF THE COMMISSION

The Commission's resources are mainly made available through the Department for Constitutional Affairs (DCA) in accordance with section 5 of the Law Commissions Act 1965. The cost of most items (in particular, accommodation charges,¹ salaries, superannuation and headquarters' overheads) is not determined by the Commission. The figures given for 2003/2004 cover the period April 2003 to March 2004 inclusive. The figures given for 2002/2003 cover the 15 months from January 2002 to March 2003 inclusive. These figures cannot therefore be related to those in Supply Estimates and Appropriation Accounts.

                                                                                  2003/2004                2002/2003

                                                                                  (April/March)                (Jan/March)

	£000	£000		£000	£000
Accommodation charges2	1,038.0			1,362.3
LCD Headquarters' overheads3	952.1			1,176.3
		1,990.1			2,538.6
Salaries and pensions of Commissioners4	448.7			534.7
Salaries of legal staff 4 and secondees and payments to consultants	1,945.6			2,323.9
Salaries of non-legal staff 4	363.8			430.3
		2,758.1			3,288.9
Printing and publishing; supply of information technology; office equipment and books	268.9			314.3
Utilities (inc telecommunications) and postage	36.4			49.9
Travel and subsistence	25.4			15.7
Miscellaneous (inc recruitment); fees & services	34.7			60.3
Entertainment	5.5			4.4
		370.9			444.6
TOTAL		5,119.1			6,272.1

The way the Department charges out all centrally incurred costs was again reviewed during 2003/2004 and is now based on apportionment.

The figure for 2002/03 includes all centrally incurred costs (eg capital, depreciation charges, ground rent, rates, furniture, cleaning, security, and all works supplied by DCA).

The decrease in the figure for 2003/2004 is again due to a change in the methodology of apportionment of DCA overheads to the Law Commission.

These figures include ERNIC and Superannuation.

NOTE The Commissioners are full time. The Chairman and Judge Alan Wilkie QC receive judicial salaries, as a high court judge and a circuit judge respectively. The salary of each of the other Commissioners is £103,829 per annum.

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