role of the LC

• When was the Law Commission set up?

  1965
• What was the Law Commission set up by?

  The Law Commission Act 1965
• Who does the Law Commission consist of?

  A chairman, who is a High Court or Court of Appeal judge, and 4 other Law Commissioners who are all highly qualified lawyers. There is also support staff to assist with research.
• What is the general purpose of the Law Commission?

  To review and recommend to the law to ensure it's fair, modern, simple, and cost-effective.
• What is the Law Commission's role in reform of the law?

  The Law Commission considers areas of law which are believed to need reform.
• How do the Law Commission decide on which areas of law need reform?

  The topics may be referred to it by the Lord Chancellor on behalf of the government, or the Law Commission may itself select areas in need of reform and seek government approval to draft a report on them.
• What is an example of where the Law Commission have reformed an area of law?

  The Divorce, Dissolution and Separation Act 2020
• What is the first step in the Law Commission reforming the law?

  They research the area of law that is thought to need reform.
• What is the second step in the Law Commission reforming the law?

  They publish a consultation paper seeking views on possible reform which also sets out the problems and look at options for reform.
• What is the third step in the Law Commission reforming the law?

  They will draw up proposals for reform, which is presented in a report, setting out the research that led to the conclusions.
• What is the fourth step in the Law Commission reforming the law?

  Often, there is a draft Bill attached to the report to show the exact way in which the new law should be reformed.
• What is codification by the Law Commission?

  This involves bringing together all laws on a topic into a single statute. A code is created and it's likely to include existing law as well as creating new law where the old law was unsatisfactory.
• Why is codification needed?

  Once all of the law in an area is in one place, it makes the law easier and simpler to find.
• What is an example of codification?

  The Draft Criminal Code 1985
• What is consolidation by the Law Commission?

  This involves combining multiple statuses on the same topic into one: existing provisions are drawn together into one act.
• How is consolidation different to codification?

  Consolidation doesn't involve reviewing or changing the law; it's just brought together.
• Why is consolidation needed?

  Because in some areas of law, there are a number of statutes, each of which sets out a small part of the law. This makes the law more accessible.
• What is an example of consolidation?

  The Sentencing Act 2020
• What is repeal of obsolete laws by the Law Commission?

  This involves identifying old Acts which are no longer used, so that Parliament can repeal these Acts.
• How many obsolete laws have been repealed since 1965?

  Over 3000
• Why is repeal of obsolete laws needed?

  Because it ensures that the law remains relevant and effective.
• What is an example of repeal of obsolete laws?

  The Act of 1696 about the rebuilding of St Paul's Cathedral.