Overview

The Law Commission Act 2009 amended the Law Commissions Act 1965, primarily to improve transparency and accountability in the Law Commission's operations. It mandates annual reports on the implementation of the Commission's proposals and establishes a protocol to govern the Commission's relationship with government ministers.

Description

This Act introduced two key changes:

Annual Reports on Implementation

The Act requires the Lord Chancellor to produce an annual report to Parliament detailing the implementation status of Law Commission proposals. This includes those implemented, those not implemented (with reasons), and plans for addressing outstanding proposals. This ensures greater transparency and accountability for the government’s response to the Law Commission’s work.

Protocol on Commission's Work

The Act allows the Lord Chancellor and the Law Commission to agree on a protocol outlining principles and methods for the Commission's work. This includes how to decide on projects, the exchange of information and assistance between ministers and the Commission, and how ministers will respond to Commission proposals. The protocol, and any revisions, must be laid before Parliament.

Government Spending

The Act itself doesn't directly allocate any specific new funds. The costs are associated with the preparation and publishing of the annual reports by the Lord Chancellor’s department and the administrative costs associated with establishing and maintaining the protocol.

Groups Affected

The main groups affected are:

• The Law Commission: The Act increases their accountability by requiring more detailed reporting of their work and its implementation.
• Government Ministers: The Act increases their accountability in responding to Law Commission proposals and requires them to consider the agreed protocol.
• Parliament: Parliament receives increased oversight through the mandatory annual reports and the protocol.
• The Public: Greater transparency surrounding the Law Commission's work and the government's response improves public understanding of law reform processes.

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