The Law Commission

PART 2

A REVIEW OF 2004-05

WORK OF THE COMMISSION

Publications in 2004-05

2.1      Reports:

In the Public Interest: Publication of Local Authority Reports, July 2004 (LC289)

Partial Defences to Murder, August 2004 (LC290)

Towards a Compulsory Purchase Code: (2) Procedure, December 2004 (LC291)

Unfair Terms in Contracts, February 2005 jointly with the Scottish Law Commission (LC292 and SLC199)

2.2      Consultation Papers:

Capital and Income in Trusts: Classification and Apportionment, July 2004 (LCCP175)

Company Security Interests (Consultative Report), September 2004 (LCCP176)

2.3      Discussion paper:

Monetary Remedies in Public Law, October 2004.

2.4      Electronic versions of the publications listed above can be accessed from the Law Commission website: www.lawcom.gov.uk/publications

New Law Reform Work

2.5      During the period, the Department for Constitutional Affairs and the Office of the Deputy Prime Minister asked us to undertake a review of the law on resolving housing disputes. This work has been started, and we plan to publish a consultation paper later in the year.

Quinquennial Review

2.6      On 22 March 2004, the Parliamentary Under-Secretary of State for Constitutional Affairs, Mr David Lammy MP announced by written statement that the Interdepartmental Project Board, which had been responsible for implementing the recommendations of the 2003 Halliday Report, had completed its task. Of the 42 recommendations, 39 have been dealt with; 2 are for the future; and one is being dealt with separately.

Targets 2004-05 and 2005-06

2.7      Table 2.1 summarises our major targets and outcomes for 2004-05. A summary of our planned publications for 2005-06 follows at table 2.2.


 


Table 2.1 – Major Targets and Outcomes for 2004-05

Target	Outcome	Further Information
To complete Reports on
Assisting and Encouraging Crime	Current target: Consultative Report - August 2005	see para 5.1
Partial Defences to Murder	Achieved (LC290)
Publication of Local Authority Reports	Achieved (LC289)
Housing Law – Tenure (Renting Homes)	Current target: August 2005	see para 7.1
Forfeiture and Intestacy	Current target: July 2005	see paras 4.10-11
Unfair Contract Terms	Achieved (LC292/ SLC199)
Company Charges/Registration of Security Interests
Consultative Report	Achieved (LCCP176)
Final Report	Current target: August 2005
Compulsory Purchase – Procedure	Achieved (LC291)
Trustee Exemption Clauses	Current target: November 2005	see paras 6.10-12
To complete Consultation Papers on
Codification of the General Principles of Criminal Law	Deferred	see para 5.2
Capital and Income in Trusts: Classification and Apportionment	Achieved (LCCP175)
To complete
Consolidation of legislation on Parliamentary and Local Government elections	Suspended at request of DCA
Consolidation of legislation on wireless telegraphy	Delayed	see para 8.7
Preparation of Ninth Programme	Achieved (LC293)


 


Table 2.2 - Major Targets for 2005-06



Commissioners

2.8      In January we welcomed Dr Jeremy Horder, Reader in Criminal law at Oxford University, as the new Criminal Law Commissioner.

2.9      Dr Horder succeeded the Hon Mr Justice Wilkie as Criminal Law Commissioner. We would like to take this opportunity to thank Alan Wilkie for his distinguished work during his time at the Commission.

2.10      We are pleased to note that last year Professor Hugh Beale accepted an invitation by the Lord Chancellor, Lord Falconer of Thoroton, to stay on for a second term as a Law Commissioner. The appointment will run from January 2005 to June 2007. During the year, Hugh was also elected as a Fellow of the British Academy.