Should we include these projects in the 13th Programme?
A ddylem ni gynnwys prosiectau hyn yn y 13eg Rhaglen
We have identified some areas of law that our experience and discussion with stakeholders suggest may require reform. They could be potential projects for the Programme. We would like to hear your views about these, and whether you think they should form part of our work over the next few years.
Arbitration – could the Arbitration Act 1996 be improved to make arbitrations less costly or lengthy?
Banks’ duties to customers – should banks’ duties to customers be reviewed and restated to make them more effective?
Codification of the law in Wales – which areas of Welsh law could be made clearer with codification?
Confiscation – the law on the confiscation of proceeds of criminal conduct is notorious for being difficult to apply and enforce. Could it be made simpler and more effective?
Inquiries – is the present law leading to slow, costly public inquiries?
Leasehold law – are there areas of the law which impose unnecessary restrictions, inefficiencies or costs?
Legislative standards for Wales – should Welsh legislation be subject to new objective legislative standards?
Online communications – how can the law relating to offensive online communications be made clearer?
Reviewing children’s social care – does the law need to be reviewed?
Streamlining – how can we simplify the law?
Surrogacy – is the law keeping pace with social change?
Weddings – should the Marriage Act 1949 be reformed to provide greater choice for couples within a simpler legislative structure?
Consolidation
Please also tell us if you think it would be beneficial to bring together (consolidate) a number of statutes that all deal with the same area of law into a single new Act. That might just require the relevant legislation to be redrafted or might involve reform of some of the underlying law. Proposals for consolidation that do not involve substantial law reform will be considered separately from the law reform programme, but we are happy to receive suggestions for such work as part of this consultation. Please use this form to give us as much information about your suggestion as you can.
Statute law repeals
Another important function of the Law Commission is to repeal Acts, or parts of Acts, that no longer have a modern function, either because they are spent or have become obsolete. The work is done by the Statute Law Repeals team. Where such Acts are recorded as still being in force this can be misleading and time consuming for those who come across them. Although it does not form part of our law reform programmes, we are using this opportunity to try and find out if there are areas of law, or particular Acts, that cause people concern and which might be good candidates for consideration by the SLR team. Please use this form to give us as much information as you can.
Closing date
Please send us your suggestions by 31 October 2016 to programme@lawcommission.gsi.gov.uk.
What happens next?
All suggestions are evaluated according to the project criteria, which can be found on our call for ideas page.
Before we can include a project in our Programme, our Protocol with Government also requires us to have confirmation from the relevant Government department that it has a “serious intention” to take forward law reform.
Once we know which projects meet our criteria and have departmental interest, the Commissioners and Chairman will recommend a final draft Programme to the Lord Chancellor. We intend to do this in June 2017, so that the Programme can be laid before Parliament before the end of its term next summer.
