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What are the Law Commission's key aims?

Success of the Law Commission

The Commission's recommendations for law reform have a profound practical effect on the legal rights, duties and liabilities of a large number of people - but only if they are implemented by Parliament. We can make recommendations, but only Parliament can change the law. More than two-thirds of the Commission's law reform recommendations have been implemented, and a number await the Government's decision, or Parliamentary time. As a result of the Commission's ongoing work, large areas of the law have been the subject of systematic investigation and improvement.

  • A report on which projects: (1) have been accepted; (ii) have been implemented; (iii) await a decision.

  • A lecture on law reform given by Sir Terence Etherton, Chairman, on 14/11/07 to the Bar Law Reform Committee.

    The Government is currently considering the creation of a new type of order to deliver legislative and regulatory reform.  This would provide an alternative implementation procedure to primary legislation and the existing narrow regulatory reform mechanism.  The Law Commission fully supports this initiative and hopes that it may assist both with the implementation of outstanding recommendations and the efficient treatment of future law reform work.

    What the Law Commission does NOT do

    The Commission does NOT give legal advice to individuals on points of law or individual cases, nor does it investigate complaints about the law or about lawyers. The following organisations may be able to recommend a solicitor in your area:

    We are happy to provide information about our projects.  However, we cannot give legal advice or deal with individual cases.  Nor do we provide legal research to assist with student assignments.  This does not affect your rights under the Freedom of Information Act 2000 to request information.

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  • What areas of law does the Law Commission cover?

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    The Law Commission's relationship with Government

    We have agreed a Vision Statement with DCA (now the Ministry of Justice) on how the Law Commission works with the Government to deliver the benefits of clear, simple and modern law.

    Who's Who at the Law Commission?

    There are five Commissioners, all of whom work full-time at the Commission. The Chairman is either a High Court or an Appeal Court judge, appointed to the Commission for up to three years. The other four Commissioners are experienced judges, barristers, solicitors or teachers of law. They are appointed by the Lord Chancellor and Secretary of State for Justice for up to five years, although their appointments may be extended. They are supported by the Chief Executive of the Commission and about 20 other members of the Government Legal Service, four or five Parliamentary Counsel (who draft the Bills to reform and consolidate the law), and about 15 research assistants (usually recently qualified law graduates), as well as a librarian and the Corporate Services Team.

    The Law Commission's response to a DCA (now Ministry of Justice) consultation paper on the appointment of Law Commissioners was issued in July 2004.

    The Chairman

    The Chairman promotes the role and work of the Law Commission and is its principal public face. He or she leads the Commissioners and represents their views to Ministers and other stakeholders. The Chairman also leads on particular law reform projects and has special responsibility for overseeing the Commission's consolidation and statute law revision work.

    The Right Honourable Lord Justice (Sir Terence) Etherton
    Sir Terence has been Chairman since August 2006. He was called to the Bar in 1974 and was appointed a QC in 1990. He was made a High Court Judge (Chancery Division) in 2001.  He was appointed to the Court of Appeal on 29 September 2008.

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    The Commissioners

    The Chief Executive

    Mr Mark Ormerod CB
    Mark Ormerod joined the Lord Chancellor's Department in 1981 as a court clerk at Inner London Crown Court.  He transferred to LCD Headquarters 1983, to work on public records policy.  Between 1984-88 he was assistant secretary to the Legal Aid Advisory Committee, a member of the legal aid policy branch and then of the Legal Aid Bill team.  After a spell on research, management information and costings, he headed the branch dealing with policy on criminal legal aid payments.  He was Principal Private Secretary to the Lord Chancellor (Lord Mackay of Clashfern) from 1993-96.  In 1996 he was appointed head of Magistrates' Courts Division and then in the following year became head of Criminal Policy Division.  In 1999 he was promoted to Director, Criminal Justice.  After a career break from 2001-2002, he was on loan to the Home Office as Director, Criminal Law and Policy.  He returned to the Department for Constitutional Affairs in June 2004, to take up post as Director, Family Justice and in January 2005, Director, Civil and Family, and Customer Services in Her Majesty’s Courts Service.  He became Director, Access to Justice Policy in the Ministry of Justice in April 2008; and Chief Executive of the Law Commission on 2 March 2009.  He is an FRSA and was awarded the CB in 2007.

    Code of Best Practice for Law Commissioners

    The code draws on the Treasury model 'Code of Best Practice for Board Members of Public Bodies'.  It takes particular account of the recommendations in the First Report of the Committee on Standards in Public Life.

    Who decides on the work programme of the Law Commission

    The Law Commissions Act 1965 requires the Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Before making his decision, the Lord Chancellor invites the comments of the Ministerial Committee on the Law Commission.

    Before deciding which projects to take forward, the Law Commission takes views from judges, lawyers, Government Departments and the general public. For any programme of law reform the Commissioners must weigh up concerns about limited resources with competing claims for attention.

    The Tenth Programme of Law Reform commenced on 1 April 2008.  It is expected that the Eleventh Programme will commence on 1 April 2011.

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    What criteria are used to decide on new projects?

    The Commission considers reviewing an area of law reform against certain criteria:

    Stages of a typical law reform project:

    Once the Law Commission has agreed to review an area of law, the remit of the project will be decided in conjunction with the relevant Government department. Then:

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    Simplifying the law

    The Commission has a statutory obligation to simplify the law. This is done in a variety of ways:

    1.   Codification of the law

    The Commission believes that the law would be more accessible to the citizen, and easier for the courts to understand, through a series of statutory codes. We are currently working on a code of the criminal law, and have plans to follow this with a project to codify the law of criminal evidence.

    2.   Consolidation of Statutes

    Consolidation brings together under one Act all the existing statutory provisions previously located in several different Acts. The law itself remains unchanged, but those who use it can now find it all in one place. For example, the Powers of Criminal Courts (Sentencing) Act 2000 brought together in a single piece of legislation sentencing powers which were previously to be found in more than a dozen Acts.

    3.   Statute Law Revision

    Parliament has been enacting statutes for over 750 years. Although many of the older statutes have been repealed, many remain which are obsolete or unnecessary. A Statute Law (Repeals) Act enables a large number of statutes which are no longer of any practical use to be repealed together. However, while it is important to tidy up the statute book, it is just as important to avoid accidentally removing the legal basis for someone's rights, and therefore a great deal of consultation is needed. Since 1965 the whole or part of nearly 5000 enactments have been repealed by Statute Law (Repeals) Acts. The 18th Statute Law Repeals Report was published in January 2008. More information about current projects is available.

    Freedom of Information

    The Law Commission has a tradition of being a very open organisation, and has an excellent track record of providing, wherever possible, information to those who request it. The Freedom of Information Act 2000 came into effect on 1 January 2005. The Act aims to increase openness and accountability in government and across the public sector by ensuring that people have the right to access information held by public authorities. 

    Our publication scheme lists the classes of information that we make available or intend to make available, how the information can be obtained and whether we will charge a fee for providing it.

    Complaints

    The Law Commission has a complaints procedure

    Further Information

    Contact us for more information.

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