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Law Commission (England and Wales)

British independent law commission


Summary

British independent law commission

FieldValue
nameLaw Commission
native_nameComisiwn y Gyfraith
native_name_langcym
logoLaw_Commission_logo.jpg
logo_captionLaw Commission logo
logo_altLogo of the Law Commission, showing its name and slogan in both English and Welsh
mapEngland and Wales within the UK and Europe.svg
map_captionEngland and Wales within the UK and Europe
map_altMap showing the location of England and Wales in the United Kingdom and Europe
established
typeAdvisory non-departmental public body sponsored by the Ministry of Justice
statusCreated by the Law Commissions Act 1965
purposeTo keep the law of England and Wales under review and to recommend reform where needed
headquarters52 Queen Anne's Gate, London SW1H 9AG
coords
region_served
languages
leader_titleChair
leader_nameSir Peter Fraser
leader_title2Chief Executives
leader_name2Joanna Otterburn and Stephanie Hack
website

In England and Wales the Law Commission () is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chair (a judge of the High Court or Court of Appeal, currently Sir 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 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 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 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.

Approximately 70% of the Law Commission's law reform recommendations have been enacted or accepted by government. The Law Commission Act 2009 applies.

Current commissioners

The current commissioners are:

  • Peter Fraser (chair)
  • Prof Alison Young
  • Prof Lisa Webley
  • Prof Penney Lewis
  • Prof Solène Rowan

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).

  • Leslie Scarman (1965–1973)
  • Samuel Cooke (1973–1978)
  • Michael Kerr (1978–1981)
  • Ralph Gibson (1981–1985)
  • Roy Beldam (1985–1989)
  • Peter Gibson (1990–1992)
  • Henry Brooke (1993–1995)
  • Mary Arden (1996–1999)
  • Robert Carnwath (1999–2002)
  • Roger Toulson (2002–2006)
  • Terence Etherton (2006–2009)
  • James Munby (2009–2012)
  • David Lloyd Jones (2012–2015)
  • David Bean (2015–2018)
  • Nicholas Green (2018–2023)
  • Peter Fraser (2023–present)

References

References

  1. {{cite legislation UK. (1965)
  2. (14 December 2017). "14 new areas of law set for reform – Law Commission {{!}} Law Commission".
  3. "Annual reports {{!}} Law Commission".
  4. Neil Parpworth. "Law Commission Act 2009". Current Law Statutes Annotated 2009. Sweet & Maxwell. Thomson Reuters. 2010. Volume 1. Chapter 14. pp [https://archive.org/details/isbn_9780414041868_1/page/n1766/mode/1up 14-1] to 14-6.
  5. "Law Commission Act 2009". Halsbury's Statutes of England and Wales. Fourth Edition. [https://books.google.co.uk/books?id=tjBLAQAAIAAJ Current Statutes Service].
  6. "Our structure {{!}} Law Commission".
  7. "Senior Judiciary". Judiciary of England and Wales.
  8. Professor Graham Zellick. (14 May 1986). "The Legislative Implementation of Law Reform Proposals". F A R Bennion.
  9. (23 April 2002). "Obituary - Sir Michael Kerr". [[The Daily Telegraph]].
  10. (5 November 2003). "Obituary - Sir Ralph Gibson". [[The Daily Telegraph]].
  11. "Roy Beldam". Crown Office Chambers.
  12. "MI5 - Intelligence Services Commissioner". [[MI5]].
  13. "Sir Henry Brooke". Fountain Court.
  14. (20 March 2009). "Court of Appeal Civil Division". HM Courts Service.
  15. (7 July 2008). "Honorary Graduates - Sir Roger Toulson, Doctor of Laws". University of Bradford.
  16. (25 July 2006). "Terence Etherton to Chair Law Commission". legalday.com.
  17. (3 August 2009). "New chair of Law Commission appointed by Lord Chancellor". Ministry of Justice.
  18. (26 July 2012). "Appointment of Lord Justices of Appeal". Number10.gov.uk.
  19. (27 March 2015). "Appointment of Lord Justices of Appeal". lawcom.gov.uk.
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