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This is the second annual report to Parliament on the extent to which Law Commission proposals have been implemented by the Government. The Government's focus on dealing with the economic situation has meant that proposals not seen as requiring immediate action have been delayed. Two uncontroversial changes have proceeded under the new House of Lords procedure introduced by the Law Commission Act 2009, resulting in the Consumer Insurance (Disclosure and Representations) Act 2012 and the Trusts (Capital and Income) Bill. And the Commission's proposals regarding the forfeiture rule and the law of succession have also been implemented through the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 which came into force on 1 February 2012. A total of 18 other proposals have not yet been implemented and the report details the situation of each, including plans for implementation. The Government has decided not to implement two proposals - intoxication and criminal liability, and the illegality defence - and explains its reasoning for those decisions.
To date the Law Commission has produced 180 final reports recommending reforms. Of these 135 have been implemented either wholly or in part. 12 await a decision from the Government. While this is impressive, the speed of implementation has been a cause of concern. The first step to improve this was the amendment of the Law Commissions Act of 1965 to provide that the Chair of the Commission must be a judge of the High Court or of the Court of Appeal. The next significant development was the introduction of the Constitutional Renewal White Paper which brings forward proposals to place a statutory duty on the Lord Chancellor to report annually to Parliament on outstanding Law Commission recommendations. The Constitutional Renewal Bill has yet to be introduced. These and other changes; and reports and papers published during the year are outlined.
The Eleventh programme of law reform includes: charity law, conservation covenants, contempt, data sharing between public bodies, electoral law, electronic communications code, European contract law, family financial orders, misconduct in public office, offences against the person, rights to light, taxis and private hire vehicles - regulation, trade mark and design litigation - unjustified threats, wildlife
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
The report Renting Homes in Wales (Cm. 8578) updates the recommendations of the 2006 Law Commission report Renting Homes: The Final Report, for the purpose of an introduction of a bill by the Welsh Government. At the core of the recommendations is the creation of a simplified statutory framework which: (i) Reduces the number of available forms of rental occupation of residential property to two: the secure contract; and the standard contract. (ii) Provides model contracts which set out the basis on which occupiers occupy rented housing in clear terms. Whilst the Renting Homes recommendations were designed as far as possible to maintain the current balance of rights and responsibilities between landlords and occupiers, the development of the proposals inevitably involved some modifications to the status quo. This review highlights the most significant of these modifications and where these have proved controve