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by Munro Research

Law Commission


Official Summary

To make provision in relation to the Law Commission.

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Overview

The Law Commission Act 2009 amended the Law Commissions Act 1965, primarily to improve transparency and accountability in how the Law Commission operates and how the government responds to its proposals for legal reform.

Description

This Act introduced two key changes:

Annual Reporting: A new requirement was introduced for the Lord Chancellor (the UK's highest-ranking judge) to produce an annual report to Parliament detailing the implementation of Law Commission proposals. This report must cover both implemented and unimplemented proposals, including reasons for any decisions not to implement suggestions.

Protocol on Working Practices: The Act allows the Lord Chancellor and the Law Commission to agree on a protocol outlining their working relationship. This protocol covers principles and methods for selecting and carrying out the Commission's work, information sharing between government and the Commission, and how the government will handle the Commission's reform proposals.

Government Spending

The Act doesn't directly specify government spending figures. The cost implications are indirect, primarily related to the resources required for the Lord Chancellor's office to prepare and submit the annual report and for the ongoing review and potential revision of the protocol.

Groups Affected

The Act primarily affects:

  • The Law Commission: Increased accountability through annual reporting and a formal protocol governing its relationship with the government.
  • The Lord Chancellor: New responsibility for preparing and presenting annual reports to Parliament.
  • Parliament: Receives more detailed information on the implementation of Law Commission proposals, enhancing parliamentary oversight.
  • The Public: Increased transparency surrounding law reform processes and government decision-making.
  • Government Ministers: Greater obligation to consider and respond to Law Commission recommendations.
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