Law Reform And Agencies

Question 1

Intro

Answer 1

Despite the variety of sources available for ideas for new laws, the government will sometimes seek the assistance of expert law reform bodies

Question 2

The role of the Law Commission

Answer 2

1965 the government set up the Law Commission under the Law Commission Act 2009.
It is an independent, full-time, permanent law reform body.

Their role is to;
systematically keep all English law under review
Receive and consider proposals for law reform and consider relevant parties and to put forward proposals for reform

Question 3

Who are they?

Answer 3

5 full time commissioners
Chairman is either a High Court or an Appeal Judge, appointed to the commission for up to 5 years, although their appointments may be extended
Commissioners are supported by a chief executive and about 20 members of the Government legal service, two Parliamentary Counsel (who draft the bills to reform and consolidate the law) and a number of research assistants

Question 4

Functions of the law commission

Answer 4

Repeal
Consolidation
Codification

Question 5

Repeal

Answer 5

To remove old out-of-date statutes

Eg- The Statute (Repeals) Act 1998 repealed over 150 complete acts of Parliament which were outdated

The larcency act 1916- was repealed by the theft act 1968

Question 6

Consolidation

Answer 6

To draw ask the existing provisions currently in several different acts together under one act

Family law act 1996
Employment rights act 1996 ‘An act to consolidate enactments relating to employment rights’

Question 7

Codification

Answer 7

To bring together all the law (including both legislation and common law) on one topic into one source

Eg the draft criminal code 1985 and the full code 1989 were an attempt to codify all criminal law

Question 8

How they do it

Answer 8

Referral- topics may be referred by the Lord Chancellor on behalf of the government or it may itself select areas in need of reform

Research- the commission researches the area of law in need of recognition and publishes s consultation paper seeking views on possible reform

Consultation- a consultation paper will describe the current law, set out the problems and look at options for reform

Proposals for reform- these will be presented in a report which will also set out the research that lead to the conclusions. There will often be a draft bill attached to the report

Question 9

Success of the law commission

Answer 9

Responsible for many high profile acts of Parliament such as the Occupiers liability act 1984

Land registration act 2002

Fraud act 2006

Corporate manslaughter and corporate homicide act 2007 which are all seen as successes

Question 10

Other agencies

Answer 10

Royal commissions- ad hoc committee- which is set up to look into a particular area and report its findings and recommendations.
The royal commission on criminal procedures (aka the ‘Philips Commission) was serf up to look into the law regarding police powers and led to the Police and Criminal Evidence Act 1984

The criminal law revision committee was a part time committee established as a parallel body to the law reform committee in 1959. It’s reports led to the Suicide act 1962 and the theft act 1968 and 1978. It was set up in 1959 but has not been operational since 1985.

Civil servants ‘expert law reform bodies’ available to the Government. Civil servants will have a great deal of expertise within their particular fields and can provide vital, well informed guidance to their respective ministers