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Law Commission (England and Wales)

Coordinates:51°30′01″N0°08′03″W / 51.5003°N 0.1341°W /51.5003; -0.1341
From Wikipedia, the free encyclopedia
British independent law commission
This article is about the body established in 1965 and is not to be confused with theLaw Reform Committee, established in 1952.

Law Commission
Comisiwn y Gyfraith
Logo of the Law Commission, showing its name and slogan in both English and Welsh
Law Commission logo
Map showing the location of England and Wales in the United Kingdom and Europe
England and Wales within the UK and Europe
Map
Established1965 (1965)
TypeAdvisorynon-departmental public body sponsored by theMinistry of Justice
Legal statusCreated by theLaw Commissions Act 1965
PurposeTo keep the law of England and Wales under review and to recommend reform where needed
Headquarters52 Queen Anne's Gate,LondonSW1H 9AG
Coordinates51°30′01″N0°08′03″W / 51.5003°N 0.1341°W /51.5003; -0.1341
Region served
Official languages
  • De jure: English andWelsh
  • De facto and working language: English
Chair
Sir Peter Fraser
Chief Executives
Joanna Otterburn and Roshnee Patel
Websitewww.lawcom.gov.uk

InEngland and Wales theLaw Commission (Welsh:Comisiwn y Gyfraith) is an independentlaw commission set up byParliament by theLaw Commissions Act 1965[1] to keep thelaw ofEngland and Wales under review and to recommend reforms. The organisation is headed by a Chair (a judge of theHigh Court orCourt of Appeal, currentlySir Peter Fraser LJ) 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 theUK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of theCommonwealth Association of Law Reform Agencies.

Activities

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TheLaw 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 strength of the need for law reform
  • the importance of the issues it will cover
  • the availability of resources in terms of both expertise and funding
  • whether the project is suitable to be dealt with by the independent Commission.

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 thecriminal law,property law,family andtrust 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.[2]

Approximately 70% of the Law Commission's law reform recommendations have beenenacted or accepted by government.[3] The Law Commission Act 2009 applies.[4][5]

Current commissioners

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The current commissioners are:[6]

  • Peter Fraser (chair)
  • Nicholas Hopkins
  • Penney Lewis
  • Prof Alison Young

Chairs

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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).[7]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.[8]

See also

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For a complete list of Law Commission reports and papers about criminal law generally, seeLaw Commission: Criminal Law Reports and Papers.

References

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  1. ^"Law Commissions Act 1965",legislation.gov.uk,The National Archives, 1965 c. 22
  2. ^"14 new areas of law set for reform – Law Commission | Law Commission".www.lawcom.gov.uk. 14 December 2017. Retrieved20 August 2018.
  3. ^"Annual reports | Law Commission".www.lawcom.gov.uk. Retrieved20 August 2018.
  4. ^Neil Parpworth. "Law Commission Act 2009". Current Law Statutes Annotated 2009. Sweet & Maxwell. Thomson Reuters. 2010. Volume 1. Chapter 14. pp14-1 to 14-6.
  5. ^"Law Commission Act 2009". Halsbury's Statutes of England and Wales. Fourth Edition.Current Statutes Service.
  6. ^"Who we are | Law Commission". Retrieved14 May 2021.
  7. ^abProfessor Graham Zellick; Francis Bennion (14 May 1986)."The Legislative Implementation of Law Reform Proposals"(PDF).Law Commission - QMC Colloquium. F A R Bennion. Archived from the original on 21 April 2006. Retrieved13 May 2009.
  8. ^"Senior Judiciary". Judiciary of England and Wales. Archived fromthe original on 3 August 2012. Retrieved21 August 2012.
  9. ^"Obituary - Sir Michael Kerr".The Daily Telegraph. London. 23 April 2002. Retrieved14 April 2009.
  10. ^"Obituary - Sir Ralph Gibson".The Daily Telegraph. London. 5 November 2003. Retrieved13 May 2009.
  11. ^"Roy Beldam". Crown Office Chambers. Archived fromthe original on 26 March 2008. Retrieved13 May 2009.
  12. ^"MI5 - Intelligence Services Commissioner".MI5. Archived fromthe original on 11 May 2009. Retrieved13 May 2009.
  13. ^"Sir Henry Brooke". Fountain Court. Retrieved3 April 2009.
  14. ^"Court of Appeal Civil Division". HM Courts Service. 20 March 2009. Archived fromthe original on 18 July 2010. Retrieved3 April 2009.
  15. ^"Honorary Graduates - Sir Roger Toulson, Doctor of Laws". University of Bradford. 7 July 2008. Archived fromthe original on 14 June 2011. Retrieved3 April 2009.
  16. ^"Terence Etherton to Chair Law Commission". legalday.com. 25 July 2006. Archived fromthe original on 13 July 2011. Retrieved1 April 2009.
  17. ^"New chair of Law Commission appointed by Lord Chancellor". Ministry of Justice. 3 August 2009. Archived fromthe original on 22 September 2009. Retrieved13 August 2009.
  18. ^"Appointment of Lord Justices of Appeal". Number10.gov.uk. 26 July 2012. Retrieved27 July 2012.
  19. ^"Appointment of Lord Justices of Appeal". lawcom.gov.uk. 27 March 2015. Retrieved2 October 2015.

External links

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