Law Reform by Law Commission

What is the Law Commission?

full time body set up by Law Commission Act 1965

Who makes up the Law Commission?

• chairperson

• High Court judge

• four Law Commissioners who are experts in certain areas of law

What is the role of the law commission?

• Set out s3 Law Commission Act

  1. review areas of law

  2. codify or consolidate law where possible

  3. repeal old unnecessary law

  4. simplify and modernise law

How does the law commission work?

1. The Commission researches the area of law needing reform

2. LC publishes a consultation paper and seeks views on reform from anyone with interest in the law under investigation

   •consultation paper suggests options for reform

3. Commission draws up reform proposals in a research report using responses from consultation paper

   •often a draft bill attached to report which can be considered by parliament

Repealing existing law

• many old, unnecessary, and irrelevant statutes in force

• LC investigates whether laws still required and if not then prepares repeals bills for parl to consider

• helps to make law more accessible

What is consolidation

• can be multiple statutes setting out small part of law

• consolidation tries to bring all separate Acts into one Act

  • so that the law is more accessible

• 5 consolidation bills per year

• Sentencing Act 2020 consolidated law on sentencing practice

What is codification?

• brings statutory law and precedent together into one law

• tries to make law more understandable, consistent and easier to find

• EG Sale of Goods Act 1893