29/03/2010 – Protocol between Lord Chancellor and Law Commission
A statutory protocol has been agreed by the Lord Chancellor and the Law Commission for England and Wales. It governs how Government departments and the Law Commission should work together on law reform projects.
The protocol is intended to increase the number of Law Commission proposals implemented by Government and to reduce the time in taking reform forward. It is key to ensuring a more productive working relationship between the Law Commission and Whitehall.
Laid before Parliament today – the protocol states that Government departments will:
• keep the Commission up to date on developments in policy that may impact on its proposals.
• give an undertaking that there is serious intention to take forward law reform in the relevant area of law.
• provide an interim response as soon as possible or in any event within six months of the Law Commission publishing its proposals and a full response as soon as possible or in any event within a year.
The Law Commission will:
• consult departmental ministers about potential law reform projects in their areas.
• take full account of the minister’s views in deciding whether and how to continue with a project at agreed review points.
• support all its final reports with an impact assessment.
Under the Act, the Lord Chancellor is required to report annually to Parliament on the extent to which the Law Commission’s proposals have been implemented by the Government. The protocol is provided for under the Law Commission Act 2009, which came into force on 12 January 2010 and amends the Law Commissions Act 1965.