Law Commission Reforming the law Annual Report 2014–15 Law Com No 359 The Law Commission Annual Report 2014–15 (Law Com No 359) The Forty-Ninth 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 16 July 2015 HC 295 © Crown copyright 2015 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 9781474123211 Web ISBN 9781474123228 Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office. ID 06071508 07/15 Printed on paper containing 75% recycled fibre content minimum. 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 2014 to 31 March 2015, although we have also included references beyond the reporting period, up to and including 3 June 2015, when the terms of this report were agreed. Nicholas Paines QC Professor David Ormerod QC Law Commissioner, Law Commissioner, Public Law Criminal Law Stephen Lewis* Elaine Lorimer The Rt Hon Lord Justice Professor Elizabeth Cooke Law Commissioner, Chief Executive Lloyd Jones Law Commissioner, Commercial and Chairman Property, Family and Common Law Trust Law * Stephen Lewis joined the Law Commission on 1 January 2015, replacing David Hertzell as Law Commissioner for commercial and common law. The performance of the Commission, within the constitutional constraints in which it operates, has been brilliantly successful. When the Commission’s work on statute law is added into the mix, the record looks even better. Sir Geoffrey Palmer, Scarman Lecture, 24 March 2015. Contents Chairman’s introduction 1 Highlights of 2014–15 6 Part 1: Who we are and what we do 8 Feature: Our 12th Programme of law reform 12 Part 2: Review of our work for 2014–15 14 Commercial and common law 15 Feature: Protecting consumers against rogue traders 18 Criminal law 21 Property, family and trust law 27 Public law 31 Feature: The form and accessibility of the law applicable in Wales 36 Statute law 38 Part 3: Implementation of Law Commission law reform projects 2014–15 39 Reports implemented 42 Reports in the process of being implemented 45 Reports awaiting implementation 47 Feature: Transforming the law on adult social care 49 Reports awaiting a Government decision 50 Reports rejected 54 Part 4: How we work 55 Feature: Scarman Lecture 2015: The law reform enterprise 60 Part 5: Our people and corporate matters 66 Appendix A: Implementation status of Law Commission law reform reports 73 Appendix B: The cost of the Commission 84 Appendix C: The priorities we set for the Commission in our Business Plan 85 Appendix D: Targets for 2014–15 and 2015–16 86 Index of projects, Bills and Acts 87 CHAIRMAN’S INTRODUCTION Law Commission Annual Report 2014–15 • Social Investment by Charities (Recommendations Paper) 24 September 2014 • Simplification of Criminal Law: Kidnapping and Related Offences (LC355) 20 November 2014 • Rights to Light (LC356) 4 December 2014 In addition the Commission has published the following papers: • Social Investment by Charities: A Consultation Paper (LCCP216) 24 April 2014 • Unfitness to Plead (Issues Paper) 2 May 2014 • Reform of Offences against the Person: A In this, my third and final report as Chairman, I am Scoping Consultation Paper (LCCP217) 12 pleased to report that the Law Commission has November 2014 enjoyed another very successful year in which a • General Statute Law Repeals: A Consultation great deal has been accomplished. Paper (SLR 03/14) 27 November 2014 • Electoral Law: A Joint Consultation Paper Publications (LCCP218) 9 December 2014 • Enforcement of Family Financial Orders: A The last year has been the busiest and most Consultation Paper (LCCP 219) 11 March 2015 productive year in the history of the Law Commission • Technical Issues in Charity Law: A Consultation in terms of the volume of law reform reports Paper (LCCP 220) 20 March 2015 produced. In 2014 we published reports on: • Reforming Insurance Contract Law: Insurable • Wildlife Law: Control of Invasive Non-native Interest (Issues Paper) 27 March 2015 Species (LC342) 11 February 2014 • Statute Law Repeals: 20 Report; Draft Statute • Matrimonial Property: Needs and Agreements Law Repeals Bill (Cm 9059 / SG/2015.60), 3 (LC343) 27 February 2014 June 2015 • Contempt of Court (2): Court Reporting (LC344) 26 March 2014 Implementation • Regulation of Health Care Professionals: Regulation of Social Care Professionals in The Commission has also enjoyed considerable England (LC345) 2 April 2014 success in achieving the implementation of its • Patents, Trade Marks and Design Rights: recommendations for law reform. Groundless Threats (LC346) 15 April 2014 • The Inheritance and Trustees’ Powers Act, • Taxi and Private Hire Services (LC347) 23 which received Royal Assent on 14 May 2014, May 2014 implements Law Commission recommendations • Hate Crime: Should the Current Offences be on Intestacy. Extended? (LC348) 28 May 2014 • The Care Act, which received Royal Assent on • Conservation Covenants (LC349) 24 June 2014 14 May 2014, implements Law Commission • Fiduciary Duties of Investment Intermediaries recommendations on Adult Social Care. (LC 350) 30 June 2014 • The Co-operative and Community Benefit • Data Sharing between Public Bodies (LC 351) Societies Act 2014, which received Royal 11 July 2014 Assent on 14 May 2014 is a Law Commission • Insurance Contract Law: Business Disclosure; consolidation Act. Warranties’ Insurers’ Remedies for Fraudulent • The Consumer Rights Bill, which received the Claims; Late Payment. (LC 353) 17 July 2014 Royal Assent on 26 March 2015, implements Law Commission recommendations in three 1 LAW COMMISSION ANNUAL REPORT 2014–15 reports: Unfair Contract Terms, Consumer and the National Assembly for Wales as this is Redress for Misleading and Aggressive. the first occasion on which Law Commission Practices, and Consumer Remedies for recommendations have been implemented by Faulty Goods. the National Assembly using its powers under • The Infrastructure Act, which received the Royal Part 4, Government of Wales Act 2006. Assent on 12 February 2015 implements Law • The Renting Homes (Wales) Bill was introduced Commission recommendations on Control of into the Welsh Assembly on 9 February 2015. Invasive Non-native Species. This Bill will implement the Law Commission’s • The Criminal Justice and Courts Act, which 2006 report on Renting Homes, updated in received the Royal Assent on 12 February Renting Homes in Wales/ Rhentu Cartrefi yng 2015, implements certain Law Commission Nghymru (LC337) 9 April 2013. recommendations in relation to Juror Misconduct and Internet Publications. In its achievements over the last year, the Law • The Insurance Act, which received the Royal Commission has demonstrated yet again the benefits Assent on 12 February 2015 implements that a law reform body independent of Government recommendations in the Law Commission’s can confer on society. Despite its limited number of most recent report on insurance law. staff and relatively modest budget, the Commission • The Government has announced that it has continues to produce substantial recommendations adopted the recommendations in the Law of real quality that are being implemented by Commission report on Fiduciary Duties of Parliament. Investment Intermediaries. • Recommendations in the Law Commission The Twelfth Programme of Law Reform report on Expert Evidence in Criminal Proceedings have been implemented in the The continuing need for an independent Law Criminal Procedure Rules and Criminal Practice Commission has been further demonstrated by the Directions. public response to the consultation on our Twelfth • On 29 January 2015 the Department of Health Programme of Law Reform. Over 250 projects were announced that it accepted the majority of the proposed for consideration by the Commission. After Commission’s recommendations in its joint months of consultation and research the Commission report with the Scottish and Northern Ireland proposed the following nine projects which were Law Commissions on Regulation of Healthcare/ accepted by the Lord Chancellor and laid before Social Care Professionals and is committed to Parliament1: legislate on this matter in due course. • Bills of Sale • The Charities (Protection and Social • Firearms Investment) Bill, which received its first reading • The Form and Accessibility of the Law in the House of Lords on 28 May 2015 will applicable in Wales implement Law Commission recommendations • Land Registration on Social Investment by Charities. • Mental Capacity and Detention • Planning and Development Control in Wales In addition Law Commission recommendations • Protecting Consumer Prepayments on Retailer for reform have been implemented by the Insolvency Welsh Assembly: • Sentencing Procedure • The Social Services and Well-being (Wales) •