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Annual Report 2015-2016 Law Commission Law Law Commission Reforming the law Annual Report 2015–16 Annual Report 2015–16 / sig1 plateA Law Com No 367 Law Com No 367 56221 Law Commission No 367 Cover The Law Commission Annual Report 2015–16 (Law Com No 367) The Fiftieth Annual Report of the Law Commission Presented to Parliament pursuant to section 3(3) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 11 July 2016 HC 242 © Crown copyright 2016 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/ version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications. Any enquiries regarding this publication should be sent to us at: [email protected] Print ISBN 9781474133951 Web ISBN 9781474133968 ID 03061602 07/16 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office Law Commission Annual Report 2015–16 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. This annual report covers the period 1 April 2015 to 31 March 2016, although we have also included references beyond the reporting period, up to and including 7 June 2016 when the terms of this report were agreed. Law Commission staff, Chief Executive and Commissioners at our London office When in July 2016 we start the consultation process for the next three-yearly Programme of work, we shall do so with confidence in the future, and a firm belief that the need for law reform and the simplification of the law will be as important in the next half-century as it has been in the half-century since the Commission was established. The Rt Hon Lord Justice Bean, Chairman, June 2016. Contents Chairman’s introduction 1 Highlights of 2015–16 4 Part One: Who we are and what we do 6 Feature: Sir David Bell KCB, Non-executive Board member 8 Part Two: Review of our work for 2015–16 11 Commercial and common law 12 Feature: Shining a light on hidden fees in retirement leases 16 Criminal law 18 Feature: Setting our sights on firearms law 22 Property, family and trust law 25 Feature: Getting married – a proposal for reform 28 Public law 30 Statute law 33 Feature: Safeguarding protective care 34 Part Three: Implementation of Law Commission law reform reports 2015–16 36 Reports implemented 38 Reports in the process of being implemented 40 Feature: Celebrating 50 years of the Law Commission 42 Reports awaiting implementation 46 Reports awaiting a Government decision 49 Part Four: How we work 56 Part Five: Our people and corporate matters 67 Appendix A: Implementation status of Law Commission law reform reports 75 Appendix B: The cost of the Commission 86 Appendix C: Our Business Plan priorities for 2015–16 87 Appendix D: Targets for 2015–16 and 2016–17 88 Index of projects, Bills and Acts 89 CHAIRMAN’S INTRODUCTION Law Commission Annual Report 2015–16 I am grateful to him for his wise counsel and support to the Commission. Elaine Lorimer, Chief Executive since January 2012, left us in March 2016 to become CEO of Revenue Scotland. Elaine was held in the highest regard by her colleagues at the Commission and across Whitehall. We all wish her well in her new role. Following an open selection process Phil Golding (who worked at the Law Commission in 2004-5) was chosen as Elaine’s successor, and joined us on 31 May 2016. I am grateful to Matthew Jolley, who To the Right Honourable Michael Gove MP, Lord during the interregnum acted as Chief Executive Chancellor and Secretary of State for Justice and ensured a smooth transition. This is my first annual report as Chairman of the The four law reform teams each consist of one Law Commission since I took up post on 1 August Commissioner, one team manager and a number of 2015. I begin by thanking my predecessor, Sir David lawyers and research assistants. We are fortunate Lloyd Jones, for his distinguished contribution to to have a talented quartet of lawyers as the team the work of the Law Commission during his three managers: David Connolly (public law), Tamara years in office. The volume and quality of the Goriely (commercial and common law), Matthew Commission’s reports and consultation papers over Jolley (property, family and trust law) and Jessica the past three years have been remarkable: this is Uguccioni (criminal law). a testament to David’s leadership, as well as to the work of our highly skilled and dedicated staff. In addition, following the retirement in 2015 of John Saunders, who served for many years as head of Commissioners, Board members and staff our statute law repeals team, Julia Jarzabkowski has been appointed to carry on this significant and Professor Nick Hopkins has been appointed as underrated part of our work. Commissioner responsible for property, family and trust law in succession to Professor Elizabeth 50th anniversary Cooke, whose valuable contribution to the work of the Commission was noted in last year’s The Law Commissions Act 1965, which created the Annual Report. Professor David Ormerod QC, Law Commission of England and Wales and the Commissioner for criminal law, had his term of Scottish Law Commission, received Royal Assent office renewed, Stephen Lewis continues as on 15 June 1965, 750 years to the day after the Commissioner for commercial and common law, grant of Magna Carta. Our 50th anniversary was and Nicholas Paines QC as Commissioner for marked in July 2015 by a Parliamentary reception public law. attended by many of our friends and supporters, including Members of both Houses, at which a Sir David Bell KCB, Vice-Chancellor of Reading short video, Law Commission 50th anniversary: a University and previously Permanent Secretary at celebration, was shown publicly for the first time. the Department for Education, has been appointed Dominic Raab MP, Parliamentary Under-Secretary as our first non-executive Board member. His role at the Ministry of Justice with responsibility for the is to assist in the governance of the Commission by Ministry’s arm’s-length bodies, paid tribute to the offering constructive challenge and the perspective work of the Commission. The reception was an of a non-lawyer with wide experience of public life. opportunity for us to thank in person some of the 1 LAW COMMISSION ANNUAL REPORT 2015–16 many people and organisations who have supported proposals to improve our governance, such as the Commission over the years. We are enormously the appointment of up to two non-executive Board grateful to those who so generously share with us members. In July 2015 a Framework Document was their knowledge and expertise, and to everyone who agreed between the Ministry and the Commission has spoken up in support of the Commission and its setting out the main principles of our organisation aims. Without them, we could not have achieved all and our relationship with the MoJ as sponsoring we have done. Department. It emphasises that the Commissioners are responsible for the discharge of the functions A conference, 50 Years of the Law Commissions, of the Law Commission and as such may organise was held at the Supreme Court on 10-11 July, themselves as they see fit; also that the Lord organised by the Dickson Poon School of Law at Chancellor is accountable to Parliament for the King’s College London and the Faculty of Law of activities and performance of the Commission. the University of Cambridge. The keynote address was given by Baroness Hale of Richmond, Deputy The Government’s Spending Review for the years President of the Supreme Court and former Law up to 2020 resulted in a substantial cut in the budget Commissioner. The speakers included my five of unprotected Departments such as the MoJ. The immediate predecessors as Chairman of the Law Commission has had to cope with significantly Commission of England and Wales, and present reduced core funding in recent years and it is likely and past members of our Commission and those that this unwelcome trend will continue over the of Scotland, Northern Ireland, Canada and New next four years. Further savings will be increasingly Zealand. The papers will appear in book form later difficult to realise; however, the Commissioners are this year. determined to maintain the high reputation of the Law Commission and the quality and momentum of Wales our work. One of the most significant aspects of David Lloyd Justice Select Committee Jones’ term of office was the Law Commission’s work relating to Wales, reflecting the developing On 2 March 2016 Professor Ormerod, Elaine body of Welsh law. The Wales Act 2014 enabled Lorimer and I gave oral evidence to the Justice the Welsh Government to refer law reform projects Select Committee of the House of Commons directly to the Commission, and a Protocol was chaired by Robert Neill MP.1 The Commission drawn up concerning our work on Welsh devolved also submitted written evidence. This was a useful matters. A Welsh Advisory Committee provides us opportunity to explain the work of the Commission with valuable expert advice on the law reform needs to Parliamentarians and to a wider audience.
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