Law Commissions Act 1965

Law Commissions Act 1965
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to provide for the constitution of Commissions for the reform of the law.
Citation1965 c. 22
Territorial extent 
  • England and Wales
  • Scotland
Dates
Royal assent15 June 1965
Other legislation
Amended byWales Act 2014
Status: Amended
Text of the Law Commissions Act 1965 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Law Commissions Act 1965 (c. 22) was an act which created the Law Commission of England and Wales and the Scottish Law Commission, tasked with reviewing English and Scots law respectively.

Background

During the Victorian era, successive Lord Chancellors made an effort to reform the law; as Gerald Dworkin writes, "there was hardly one of the Victorian Lord Chancellors who did not have something to his credit in the sphere of legal reform."[1] During the twentieth century this changed, with Lord Chancellors not having the time or energy to add law reform to their host of judicial and political duties. Lord Sankey did set up the Law Reform Commission, which led directly to the English and Scottish Law Commissions.[1]

Lord Gardiner convinced Harold Wilson to add law reform to the Labour Party manifesto for the 1964 general election, and when the Labour Party were returned to power, Gardiner made a promise to set up a Law Commission a requirement for his acceptance of the post of Lord Chancellor.[2] The Law Commissions Bill was introduced to Parliament on 20 January 1965, receiving its second reading on 8 February and the royal assent on 15 June, a remarkably fast passage of a bill.[3]

Act

The act created two commissions; the Law Commission of England and Wales to review English law and the Scottish Law Commission to review Scots law. The English commission has five commissioners, including a chairman, all appointed by the Lord Chancellor. The commissioners are to have experience working in the legal profession, by legal academics or be members of the judiciary. Each commissioner sits for five years, although they may resign at any point and still be eligible for reappointment.[4] The Scots Commission has a similar make-up.[5]

The commissions' duties are:

  1. to consider any proposals for law reform given or directed to them;
  2. to prepare recommendations for programs of law reform;
  3. to prepare draft bills or other documents for such programs;
  4. to prepare statute law revision or consolidation programs;
  5. to provide legal advice to government departments concerning law reform;
  6. to examine the legal systems of other nations to obtain any information that would facilitate programs of law reform.[1]

The Law Commissions are assisted by parliamentary draftsmen, research and administrative assistants and officials from the Government Legal Service.[6]

See also

References

  1. ^ a b c Dworkin (1965) p.678
  2. ^ Dworkin (1965) p.679
  3. ^ Dworkin (1965) p.680
  4. ^ Law Commissions Act 1965 s. 1
  5. ^ Law Commissions Act 1965 s. 2
  6. ^ Mothersole (2000) p.58

Bibliography

Primary Sources

  • "Law Commissions Act 1965 (current version)". UK Statute Law Database. Retrieved 24 October 2009.

Secondary Sources