Law Commission (England and Wales) explained

Law Commission
Native Name:Comisiwn y Gyfraith
Native Name Lang:cym
Logo Alt:Logo of the Law Commission, showing its name and slogan in both English and Welsh
Map:England and Wales within the UK and Europe.svg
Map Alt:Map showing the location of England and Wales in the United Kingdom and Europe
Type:Advisory non-departmental public body sponsored by the Ministry of Justice
Status:Created by the Law Commissions Act 1965
Purpose:To keep the law of England and Wales under review and to recommend reform where needed
Headquarters:52 Queen Anne's Gate, London SW1H 9AG
Coords:51.5003°N -0.1341°W
Region Served:Primarily England and Wales
Occasionally Northern Ireland
Rarely the Crown dependencies and the British Overseas Territories
Languages:De jure: English and Welsh
De facto and working language: English
Leader Title:Chairman
Leader Name:Sir Peter Fraser
Leader Title2:Chief Executive
Leader Name2:Phil Golding

In England and Wales the Law Commission (Welsh: '''Comisiwn y Gyfraith''') is an independent law commission set up by Parliament by the Law Commissions Act 1965[1] to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman (currently Sir Nicholas Green,[2] a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies.

Activities

The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work.

Every three or four years the Law Commission consults widely, asking for suggestions for projects to include in these programmes.

Decisions about whether to include a project are based on:

The Law Commission can also take on additional projects that are referred directly by Government departments.

At any one time, around 15 to 20 areas of law will be under review. Law Commission projects cover a wide range of subjects that belong to the criminal law, property law, family and trust law, public law, commercial law.

The Law Commission has a rolling programme of law reform projects, and every three years or so it consults on any new projects that should be added to the list of those that it already has under way. In December 2017 it published its 13th Programme of Law Reform.[3]

Approximately 70% of the Law Commission's law reform recommendations have been enacted or accepted by Government.[4]

Current commissioners

The current commissioners are:[5]

Chairs

The chair of the Law Commission is usually a High Court judge. Chairs are often promoted to the Court of Appeal. Until 2008, promotion would occur soon after or shortly before the end of their term as chair, with one exception: Samuel Cooke (whose term as chair ended with his death in 1978). Terence Etherton was promoted to the Court of Appeal approximately two years into his term. The most recent incumbents were appointed near the beginning of their terms.[6]

See also

External links

Notes and References

  1. http://www.lawcom.gov.uk/ Text of Law Commission Act 1965
  2. Web site: Mr Justice Green appointed Chair of the Law Commission Law Commission. www.lawcom.gov.uk. en-US. 2018-08-20.
  3. Web site: 14 new areas of law set for reform – Law Commission Law Commission. www.lawcom.gov.uk. en-US. 2018-08-20.
  4. Web site: Annual reports Law Commission. www.lawcom.gov.uk. en-US. 2018-08-20.
  5. Web site: Who we are Law Commission. 14 May 2021.
  6. Web site: Senior Judiciary . 21 August 2012 . Judiciary of England and Wales . https://archive.today/20120803031806/http://www.judiciary.gov.uk/about-the-judiciary/judges-magistrates-and-tribunal-judges/list-of-members-of-the-judiciary/senior-judiciary-list . 3 August 2012 . dead .
  7. Web site: Professor Graham Zellick . Francis Bennion . The Legislative Implementation of Law Reform Proposals . Law Commission - QMC Colloquium . F A R Bennion . 14 May 1986 . 13 May 2009 .
  8. News: Obituary - Sir Michael Kerr . 23 April 2002. . 14 April 2009 . London.
  9. News: Obituary - Sir Ralph Gibson . 5 November 2003. . 13 May 2009 . London.
  10. Web site: Roy Beldam . Crown Office Chambers . 13 May 2009 . dead . https://web.archive.org/web/20080326172305/http://www.crownofficechambers.com/cvs.asp?id=90 . 26 March 2008.
  11. Web site: MI5 - Intelligence Services Commissioner . . 13 May 2009 . http://webarchive.nationalarchives.gov.uk/20090511151919/https%3A//www.mi5.gov.uk/output/intelligence%2Dservices%2Dcommissioner.html . 11 May 2009 . dead .
  12. News: Sir Henry Brooke . Fountain Court . 3 April 2009.
  13. News: Court of Appeal Civil Division . HM Courts Service . 20 March 2009 . 3 April 2009 . dead . https://web.archive.org/web/20100718191227/http://www.hmcourts-service.gov.uk/cms/1287.htm . 18 July 2010.
  14. News: Honorary Graduates - Sir Roger Toulson, Doctor of Laws . University of Bradford . 7 July 2008 . 3 April 2009 . https://web.archive.org/web/20110614103143/http://www.brad.ac.uk/news/awards/hon/toulson.php . 14 June 2011 . dead .
  15. News: Terence Etherton to Chair Law Commission . legalday.com . 25 July 2006 . 1 April 2009 . dead . https://web.archive.org/web/20110713195444/http://www.legalday.com/commentaries/dca/chair_law_commission.html . 13 July 2011.
  16. News: New chairman of Law Commission appointed by Lord Chancellor . Ministry of Justice . 3 August 2009 . 13 August 2009 . dead . https://web.archive.org/web/20090922054344/http://www.justice.gov.uk/news/newsrelease030809b.htm . 22 September 2009.
  17. Web site: Appointment of Lord Justices of Appeal . 26 July 2012 . 27 July 2012 . Number10.gov.uk.
  18. Web site: Appointment of Lord Justices of Appeal . 27 March 2015 . 2 October 2015 . lawcom.gov.uk.