The Law Commission

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Cite as: [2005] EWLC 294(1)

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PART 1

THE COMMISSION

Who we are

1.1 The Law Commission was created in 1965 for the purpose of reforming the law. The Commission is headed by five Commissioners who are appointed by the Secretary of State for Constitutional Affairs and Lord Chancellor.

1.2 The current Commissioners are:

The Honourable Mr Justice Toulson, Chairman

Professor Hugh Beale QC, FBA, Commercial and Common Law

Stuart Bridge, Property and Trust Law

Dr Jeremy Horder, Criminal Law, Evidence and Procedure

Professor Martin Partington CBE, Public Law

1.3 The Commissioners are supported by the Chief Executive, Steve Humphreys, and about 20 members of the Government Legal Service, Parliamentary Counsel (who draft the Bills to reform and consolidate the law), and some 15 research assistants (usually recently qualified law graduates), as well as a librarian and a corporative services team. Details of the members of each team and the work that they do is covered in Parts 4 - 8.

What we do

1.4 The Law Commission's main task is to review areas of the law and to make recommendations for change. The Commission seeks to ensure that the law is as simple, accessible, fair, modern and cost-effective as possible. A number of specific types of reform are covered by the Law Commissions Act 1965:

codification

removal of anomalies

repeal of obsolete and unnecessary enactments

consolidation

the simplification and modernisation of the law

Consultation methods

1.5 During the 40^th anniversary year of the Law Commission we are taking forward a number of plans to expand our methods of consultation, and the range of those whom we engage and involve in our work. Plans include a new website, which will have up to date project pages, a user-friendly structure which will enable the wider public to access more relevant pieces of information, and more interactive consultations so that people can respond to particular proposals, or put ideas to Commissioners. We will also be looking at ways to reach out to particular groups who may not otherwise be aware of our work, and its relevance to them.

Developing the programme

1.6 In January 2005, we submitted our Ninth Programme of Law Reform to the Lord Chancellor.^[1] He approved it, and it was published in March 2005. It came into effect on 1 April 2005 and runs for three years. Decisions on the content of the Ninth Programme were based on the importance of the issues, the availability of resources in terms of both expertise and funding, and whether the projects were suitable to be dealt with by the Commission.

1.7 As part of our aim to "take and keep under review all the law", we are currently carrying out a strategic review of the work of the Commission. It is important that the work of the Commission is directed towards areas of the law that most need reform, where change will deliver real benefits to the people, businesses, organisations and institutions to which that law applies. As part of this exercise we are meeting with senior officials in every Government department to identify areas where the Commission might usefully undertake work. The outcome of these discussions will inform the way in which we will consult on projects for the Tenth Programme of Law Reform, due to commence 1 April 2007. We will report further on the outcome of this strategic review next year.

The Law Commission's role and methods

1.8 The work of the Commission is based on thorough research and analysis of case law, legislation, academic and other writing, law reports and other relevant sources of information both in the United Kingdom and overseas. It takes full account of the European Convention on Human Rights and of other European law. It acts in consultation with the Scottish Law Commission, and a number of projects are undertaken jointly with our Scottish counterparts.

1.9 Most projects start with a consultation paper which describes the present law and its shortcomings and sets out possible options for reform. The views expressed in response by consultees are analysed and considered very carefully. The Commission's final recommendations are set out in a report which contains a draft Bill where the recommendations involve primary legislation. The report is laid before Parliament. It is then for the Government to decide whether it accepts the recommendations and to introduce any necessary Bill in Parliament, unless a Private Member or Peer does so. After publication of a report the Commission often gives further assistance to Government Ministers and departments, so as to ensure that the best value is obtained from the effort and resources devoted to the project.

1.10 The Commission also has the task of consolidating statute law, substituting one Act, or a small group of Acts, for statutory provisions found in many different Acts. In addition, the Commission proposes the repeal of statutes which are obsolete or unnecessary.

Equality and diversity

1.11 The Commission is committed to consulting fully with those likely to be affected by its proposals, including different groups within society, and to assessing the impact of its proposed policies and removing or mitigating any adverse effect on particular groups within society wherever possible. The Commission's full Equality and Diversity Action Statement may be seen on our website at http://www.lawcom.gov.uk/files/equality.pdf

Code of best practice for Law Commissioners

1.12 In accordance with Government policy for all non-departmental public bodies, there is a written code for Law Commissioners, agreed with the Department for Constitutional Affairs. It incorporates the Seven Principles of Public Life and covers matters like the role and responsibilities of Commissioners. Copies are available from the Law Commission.

What's in this Annual Report?

1.13 Part 2 reviews the year 2004-05, and looks at the targets for publication of reports and consultation papers the Law Commission has set for the period 2005-06. Part 3 lists the progress that has been made in getting the Government to accept and implement the recommendations made in our reports. Parts 4 - 8 covers the work of each law team in the Law Commission over the course of the year. Part 9 looks at our relations with external agencies, and Part 10 relates to the Commission's staffing and resources.

Note 1 Law Com No 293. [Back]
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