summary of the LAW COMMISSION's RESPONSE TO the INQUIRY: THEMES AND TRENDS IN REGULATORY REFORM
1.1 The Law Commission was
established by the Law Commissions Act 1965. The Law Commission has a statutory
duty to keep the law as a whole, both statute and common law, under review.
1.2 Taking into account the
link between the principles of regulation under the Legislative and Regulatory
Reform Act 2006 and the Law Commission's statutory objectives, the Law
Commission feels able to contribute to the discussion on two of the points
being considered by the Inquiry, namely:
(1) How could the Government improve its
capability to regulate in a proportionate and effective manner? (Consideration
1, Question 4)
(2) Is there sufficient consideration of how
regulations will be implemented, including an appropriate focus on compliance
and enforcement issues? (Consideration 2, Question 2)
1.3 The Law Commission includes in its response
to these questions examples drawn from recently completed or ongoing projects.
What it draws from these examples is that the regulation of particular areas of
human activity needs to consider the detailed circumstances of the specific
situation, and develop a solution that is fair, proportionate and effective in
those circumstances.
1.4 In expanding on this
general conclusion, the Law Commission highlights the following features of its
working methodology that help it to achieve its goals:
(1) Key to the Law Commission's development of law
reform proposals, is its commitment to wide-ranging and informative
consultation;
(2) The Law Commission's development of policy in
relation to its law reform projects must be, and is, informed by Government
policy;
(3) Law reform should be proportionate and
sensitive to the particularities of the specific area of human activity, always
seeking the least intrusive means of achieving a project's objectives; and
(4) Even where recourse to legislation is deemed
necessary, this should impose the lowest possible regulatory burden upon those
affected by it.
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