House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Law Commission Bill [HL]


 

Law Commission Bill [HL]

 

 
 

Contents

1   

Reports on implementation of Law Commission proposals

2   

Protocol about the Law Commission’s work

3   

Commencement and short title

 

Bill 101                                                                                                

54/4

 
 

Law Commission Bill [HL]

1

 

[NOTE: The words marked in bold type were inserted by the Lords to avoid

questions of privilege.]

A

Bill

To

Make provision in relation to the Law Commission.                                                       

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Reports on implementation of Law Commission proposals

After section 3 of the Law Commissions Act 1965 (c. 22) insert—

“3A     

Reports on implementation of Law Commission proposals

(1)   

As soon as practicable after the end of each reporting year, the Lord

Chancellor must prepare a report on—

5

(a)   

the Law Commission proposals implemented (in whole or in

part) during the year;

(b)   

the Law Commission proposals that have not been

implemented (in whole or in part) as at the end of the year,

including—

10

(i)   

plans for dealing with any of those proposals;

(ii)   

any decision not to implement any of those proposals (in

whole or in part) taken during the year and the reasons

for the decision.

(2)   

The Lord Chancellor must lay the report before Parliament.

15

(3)   

The first reporting year is the year starting with the day on which

section 1 of the Law Commission Act 2009 comes into force; and the

second reporting year is the year after that and so on.

(4)   

If a decision not to implement a Law Commission proposal (in whole

or in part) is taken in a reporting year, subsection (1)(b) does not require

20

a report for a later reporting year to deal with the proposal so far as it

is covered by that decision.

(5)   

If a decision not to implement a Law Commission proposal (in whole

or in part) has been taken before the first reporting year, subsection

 

Bill 101                                                                                                

54/4

 
 

Law Commission Bill [HL]

2

 

(1)(b) does not require any report to deal with the proposal so far as it

is covered by that decision.

(6)   

“Law Commission proposal” means—

(a)   

a proposal formulated by the Law Commission as mentioned in

section 3(1)(c);

5

(b)   

a proposal for consolidation or statute law revision for which a

draft Bill has been prepared by the Law Commission as

mentioned in section 3(1)(d).”

2       

Protocol about the Law Commission’s work

Before section 4 of the Law Commissions Act 1965 (c. 22) insert—

10

“3B     

Protocol about the Law Commission’s work

(1)   

The Lord Chancellor and the Law Commission may agree for the

purposes of this section a statement (a “protocol”) about the Law

Commission’s work.

(2)   

The protocol may include (among other things) provision about—

15

(a)   

principles and methods to be applied in deciding the work to be

carried out by the Law Commission and in the carrying out of

that work;

(b)   

the assistance and information that Ministers of the Crown and

the Law Commission are to give each other;

20

(c)   

the way in which Ministers of the Crown are to deal with the

Law Commission’s proposals for reform, consolidation or

statute law revision.

(3)   

The Lord Chancellor and the Law Commission must from time to time

review the protocol and may agree to revise it.

25

(4)   

The Lord Chancellor must lay the protocol (and any revision of it)

before Parliament.

(5)   

Ministers of the Crown and the Law Commission must have regard to

the protocol.”

3       

Commencement and short title

30

(1)   

This Act comes into force at the end of the period of 2 months beginning with

the day on which it is passed.

(2)   

This Act may be cited as the Law Commission Act 2009.

(3)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

35

in any manner, or affect the assessment, levying, administration or

application of any money raised by any such charge.

 
 

 
contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 2 June 2009