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You are here: BAILII >> Databases >> The Law Commission >> Law Commission's 38th Annual Report 2003/04 (Report) [2003] EWLC 288(APPENDIX_B) (29 June 2004) URL: http://www.bailii.org/ew/other/EWLC/2004/288(APPENDIX_B).html Cite as: [2003] EWLC 288(APPENDIX_B) |
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APPENDIX B
THE LAW COMMISSION'S IMPLEMENTED REPORTS SINCE 1985
Publications which have been laid before Parliament under section 3(2) of the Law Commissions Act 1965 and publications which have been presented to Parliament as Command Papers, excluding reports on consolidation, showing implementation. The date shows the year in which the report was published. Those marked + are the result of a reference under section 3(1)(e) of the Act.
Law Com No | Title | Implementing Legislation |
1985 | ||
138+ | Family Law: Conflicts of Jurisdiction Affecting the Custody of Children (Joint Report - Scot Law Com No 91) (Cmnd 9419) | Family Law Act 1986 Part I (c 55) |
141 | Codification of the Law of Landlord and Tenant: Covenants Restricting Dispositions, Alterations and Change of User (HC 278) | In part by Landlord and Tenant Act1988 (c 26) |
146 | Private International Law: Polygamous Marriages –Capacity to Contract a Polygamous Marriage and Related Issues (Joint Report - Scot Law Com No 96) (Cmnd 9595) | Private International Law (Miscellaneous Provisions) 1995 (c 42) |
147 | Criminal Law: Report on Poison-Pen Letters (HC 519) | Malicious Communications Act 1988 (c 27) |
148 | Property Law: Second Report on Land Registration: Inspection of the Register (HC 551) | Land Registration Act 1988 (c 3) |
150 | Statute Law Revision: Twelfth Report (Joint Report - Scot Law Com No 99) (Cmnd 9648) | Statute Law (Repeals) Act 1986 (c 12); Patents, Designs and Marks Act 1986 (c 39) |
151+ | Rights of Access to Neighbouring Land (Cmnd 9692) | Access to Neighbouring Land Act 1992 (c 23) |
1986 | ||
157 | Family Law: Illegitimacy (2nd Report) (Cmnd 9913) | Family Law Reform Act 1987 (c 42) |
1987 | ||
160 | Sale and Supply of Goods (Joint Report – Scot Law Com No 104) (Cm 137) | Sale and Supply of Goods Act 1994 (c 35) |
161 | Leasehold Conveyancing (HC 360) | Landlord and Tenant Act 1988 (c 26) |
163 | Deeds and Escrows (HC 1) | Law of Property (Miscellaneous |
164 | Transfer of Land: Formalities for Contracts for Sale etc of Land (HC 2) | Law of Property (Miscellaneous Provisions) Act 1989 (c 34) |
165 | Private International Law: Choice of Law Rules in Marriage (Joint Report - Scot Law Com No 105) (HC 3) | Foreign Marriage (Amendment) Act 1988 (c 44) |
166 | Transfer of Land: The Rule in Bain v Fothergill (Cm 192) | Law of Property (Miscellaneous Provisions) Act 1989 (c 34) |
1988 | ||
172 | Family Law: Review of Child Law: Guardianship and Custody (HC 594) | Children Act 1989 (c 41) |
174 | Landlord and Tenant Law: Privity of Contract and Estate (HC 8) | Landlord and Tenant (Covenants) Act 1995 (c 30) |
1989 | ||
179 | Statute Law Revision: Thirteenth Report (Joint Report - Scot Law Com No 117) (Cm 671) | Statute Law (Repeals) Act 1989 (c 43) |
180 | Criminal Law: Jurisdiction over Offences of Fraud and Dishonesty with a Foreign Element (HC 318) | Criminal Justice Act 1993 Part I (c 36) |
181 | Transfer of Land: Trusts of Land (HC 391) | Trusts of Land and Appointment of Trustees Act 1996 (c 47) |
184 | Property Law: Title on Death (Cm 777) | Law of Property (Miscellaneous Provisions) Act 1994 (c 36) |
186 | Criminal Law: Computer Misuse (Cm 819) | Computer Misuse Act 1990 (c 18) |
187 | Family Law: Distribution on Intestacy (HC 60) | Law Reform (Succession) Act 1995 (c 41) |
188 | Transfer of Land: Overreaching: Beneficiaries in Occupation (HC 61) | Trusts of Land and Appointment of Trustees Act 1996 (c 47) |
1990 | ||
192 | Family Law: The Ground for Divorce (HC 636) | Family Law Act 1996 (c 27) |
193 | Private International Law: Choice of Law in Tort and Delict (Joint Report - Scot Law Com No 129) (HC 65) | Private International Law (Miscellaneous Provisions) Act 1995 (c 42) |
1991 | ||
196 | Rights of Suit in Respect of Carriage of Goods by Sea (Joint Report - Scot Law Com No 130) (HC 250) | Carriage of Goods by Sea Act 1992 (c 50) |
199 | Transfer of Land: Implied Covenants for Title (HC 437) | Law of Property (Miscellaneous Provisions) Act 1994 (c 36) |
202+ | Criminal Law: Corroboration of Evidence in Criminal Trials (Cm 1620) | Criminal Justice and Public Order Act 1994 (c 33) |
1992 | ||
205 | Criminal Law: Rape within Marriage (HC 167) | Criminal Justice and Public Order Act 1994 (c 33) |
207 | Family Law: Domestic Violence and Occupation of the Family Home (HC 1) | Family Law Act 1996 (c 27) |
208 | Landlord and Tenant: Business Tenancies: A Periodic Review of the Landlord and Tenant Act 1954 Part II (HC 224 | Regulatory Reform (Business Tenancies) (England and Wales) Order 2003) |
1993 | ||
211 | Statute Law Revision: Fourteenth Report (Joint Report - Scot Law Com No 140) (Cm 2176) | Statute Law (Repeals) Act 1993 (c 50) |
215 | Sale of Goods Forming Part of a Bulk (Joint Report - Scot Law Com No 145) (HC 807) | Sale of Goods (Amendment) Act 1995 (c 28) |
216 | The Hearsay Rule in Civil Proceedings (Cm 2321) | Civil Evidence Act 1995 (c 38) |
217 | Family Law: The Effect of Divorce on Wills | Law Reform (Succession) Act 1995 (c 41) |
1994 | ||
220 | The Law of Trusts: Delegation by Individual Trustees (HC 110) | Trustee Delegation Act 1999 (c 15) |
224 | Structured Settlements and Interim and Provisional Damages (Cm 2646) | In part by Finance Act 1995 (c 4); Civil Evidence Act 1995 (c 38); and Damages Act 1996 (c 48) |
226 | Administrative Law: Judicial Review and Statutory Appeals (HC 669) | In part by Housing Act 1996 (c 52) |
227+ | Restitution: Mistakes of Law and Ultra Vires Public Authority Receipts and Payments (Cm 2731) | Part implemented – see note below |
228 | Criminal Law: Conspiracy to Defraud (HC 11) | Theft (Amendment) Act 1996 (c 62) |
1995 | ||
230 | Legislating the Criminal Code: The Year and a Day | Law Reform (Year and a Day Rule) |
Rule in Homicide (HC 183) | Act 1996 (c 19) | |
233 | Statute Law Revision: Fifteenth Report (Joint Report | Statute Law (Repeals) Act 1995 (c 44) |
- Scot Law Com No 150) (Cm 2784) | (c 44) | |
235 | Transfer of Land: Land Registration (jointly with | Land Registration Act 1997 (c 2) |
H M Land Registry) (Cm 2950) | ||
1996 | ||
242 | Privity of Contract: Contracts for the Benefit of Third Parties (Cm 3329) | Contracts (Rights of Third Parties) Act 1999 (c 31) |
243 | Offences of Dishonesty: Money Transfers (HC 690) | Theft (Amendment) Act 1996 (c 62) |
1997 | ||
245+ | Evidence in Criminal Proceedings: Hearsay and Related Topics (Cm 3670) | Criminal Justice Act 2003 (c 44) |
1998 | ||
252 | Statute Law Revision: Sixteenth Report (Joint Report - Scot Law Com No 166) (Cm 3939) | Statute Law (Repeals) Act 1998 (c 43) |
1999 | ||
260 | Trustees' Powers and Duties (Joint Report - Scot Law Com No 166) (HC 538/SE 2) | Trustee Act 2000 (c 29) |
2001 | ||
267+ | Double Jeopardy and Prosecution Appeals (Cm 5048) | Criminal Justice Act 2003 (c 44) |
269 | Bail and the Human Rights Act 1998 (HC 7) | Criminal Justice Act 2003 (c 44) |
271 | Land Registration for the Twenty-First Century (Joint Report with HM Land Registry) (HC 114) | Land Registration Act 2002 (c 9) |
273+ | Evidence of Bad Character in Criminal Proceedings (Cm 5257) | Criminal Justice Act 2003 (c 44) |
NOTE ON LAW COM NO 227 Part of this report was implemented by the House of Lords in the case of Kleinwort Benson v Lincoln City Council [1999] 2AC 349; another part is outstanding: see our Eighth Programme of Law Reform at para 2.13, and our Annual Report for 1998 at para 1.22.
APPENDIX C
LAW COMMISSION LAW REFORM REPORTS AWAITING IMPLEMENTATION
Of all the Law Commission's 170 law reform reports, the 29 listed below remain outstanding. 17 of these, marked *, have been accepted by the Government in full or in part, subject to Parliamentary time being available.
Year | Law Com No | Title | |
1991 | 194 | Distress for Rent | |
1993 | 218 | * | Offences against the Person and General Principles |
1994 | 222 | * | Binding Over |
226 | * | Judicial Review and Statutory Appeals | |
1995 | 229 | Intoxication and Criminal Liability | |
231 | * | Mental Incapacity | |
1996 | 237 | * | Involuntary Manslaughter |
238 | Landlord and Tenant: Responsibility for State and Condition of Property | ||
1997 | 246 | * | Shareholder Remedies |
247 | * | Aggravated, Exemplary and Restitutionary Damages | |
1998 | 248 | * | Corruption Offences |
249 | Liability for Psychiatric Illness | ||
251 | * | The Rules Against Perpetuities and Excessive Accumulations | |
253 | * | The Execution of Deeds and Documents by or on behalf of Bodies Corporate | |
255 | * | Consents to Prosecution | |
1999 | 257 | Damages for Personal Injury: Non-Pecuniary Loss | |
261 | * | Company Directors: Regulating Conflicts of Interests and | |
Formulating a Statement of Duties | |||
262 | Damages for Personal Injury: Medical, Nursing and other Expenses; Collateral Benefits | ||
1999 | 263 | Claims for Wrongful Death | |
2001 | 270 | * | Limitation of Actions |
272 | * | Third Parties – Rights against Insurers | |
2002 | 276 | Fraud | |
277 | * | The Effective Prosecution of Multiple Offending | |
2003 | 281 | Land, Valuation and Housing Tribunals: The Future | |
282 | * | Children: Their Non-accidental Death or Serious Injury | |
283 | Partnership Law | ||
284 | Renting Homes | ||
286 | Towards a Compulsory Purchase Code: (1) Compensation | ||
2004 | 287 | Pre-Judgment Interest on Debts and Damages |
APPENDIX D
VISITORS FROM OVERSEAS
Among the visitors to the Law Commission during the period covered by this report were:
Australia | Professor Marcia Neave (Chair, Victoria Law Reform Commission) |
Egypt | Chief Justice Mamdouh Marree (Egyptian Supreme Constitutional Court) Deputy Chief Justice Adel Omar El Sharif (Egyptian Supreme Constitutional Court) |
Germany | Judge Dr Herr Shoppmeyer (Ninth Senate of the German Supreme Court) |
Israel | Dr Susan Hattis Rolef (Head of the International Desk, Knesset Research and Information Centre) |
Sierra Leone | Mr Peter Tucker (Chairman, Law Reform Commission) |
Spain | Sr Javier Torre de Silva (Council of State) |
Delegations: | Chile |
China | |
Commonwealth Secretariat (Public Administration International Study Programme: "Lawyers and Government – Managing Change") | |
Egypt | |
United Arab Emirates | |
United States of America (Penn State University, Harrisburg) |
APPENDIX E
STAFF
(AS AT THE END OF MARCH 2004)
The names of the Commission's legal staff are set out, by their teams, at the head of Parts IV-VIII.
In addition, the Law Commission's Corporate Service Team comprises:
Chief Executive | Deputy Chief Executive and Budget Manager | Personnel, Policy and Planning |
Mr Steve Humphreys | Mr C K Porter | Miss C J Smith |
Personnel/Recruitment/ Resource Accounting |
Printing, Publishing and Website |
Facilities and Registry |
Miss J A Griffiths | Mr D R Leighton | Ms A L Peries |
Editor and Web Manager | Facilities Manager | |
Mr T D Cronin | ||
Library Services | Secretarial Support | Registry |
Mr K Tree | Miss C P Cawe | Ms C Ferguson |
Librarian | Mrs H C McFarlane | Registry |
Mr M Hallissey | Miss A J Meager | Miss R Mabbs |
Assistant Librarian | Miss A Piper | Office Keeper |
Miss C McCaughren | Ms J R Samuel | Mrs A Menditta |
Library Trainee | Messenger | |
Chairman's Support | ||
Ms N Hajazi | ||
Clerk | ||
CONTACT POINTS:
THE GENERAL ENQUIRY TELEPHONE NUMBER IS: | 020-7453-1220 |
THE GENERAL FAX NUMBER IS: | 020-7453-1297 |
THE LAW COMMISSION'S WEBSITE ADDRESS IS: | HTTP://WWW.LAWCOM.GOV.UK |
EMAIL ADDRESSES | |
GENERAL EMAIL ADDRESS (EXCEPT LIBRARY SERVICES): | [email protected] |
LIBRARY EMAIL ADDRESS: | [email protected] |
THE LAW REFORM TEAMS AND THE STATUTE LAW REVISION TEAM HAVE INDIVIDUAL EMAIL ADDRESSES, WHICH CAN BE FOUND ON THE TEAM PAGES OF THE COMMISSION'S WEBSITE | THE LAW REFORM TEAMS AND THE STATUTE LAW REVISION TEAM HAVE INDIVIDUAL EMAIL ADDRESSES, WHICH CAN BE FOUND ON THE TEAM PAGES OF THE COMMISSION'S WEBSITE |
APPENDIX F
THE COST OF THE COMMISSION
The Commission's resources are mainly made available through the Department for Constitutional Affairs (DCA) in accordance with section 5 of the Law Commissions Act 1965. The cost of most items (in particular, accommodation charges,1 salaries, superannuation and headquarters' overheads) is not determined by the Commission. The figures given for 2003/2004 cover the period April 2003 to March 2004 inclusive. The figures given for 2002/2003 cover the 15 months from January 2002 to March 2003 inclusive. These figures cannot therefore be related to those in Supply Estimates and Appropriation Accounts.
2003/2004 2002/2003
(April/March) (Jan/March)
£000 | £000 | £000 | £000 | ||
Accommodation charges2 | 1,038.0 | 1,362.3 | |||
LCD Headquarters' overheads3 | 952.1 | 1,176.3 | |||
1,990.1 | 2,538.6 | ||||
Salaries and pensions of Commissioners4 | 448.7 | 534.7 | |||
Salaries of legal staff 4 and secondees and payments to consultants |
1,945.6 |
2,323.9 |
|||
Salaries of non-legal staff 4 | 363.8 | 430.3 | |||
2,758.1 | 3,288.9 | ||||
Printing and publishing; supply of information technology; office equipment and books |
268.9 |
314.3 |
|||
Utilities (inc telecommunications) and postage | 36.4 | 49.9 | |||
Travel and subsistence | 25.4 | 15.7 | |||
Miscellaneous (inc recruitment); fees & services | 34.7 | 60.3 | |||
Entertainment | 5.5 | 4.4 | |||
370.9 | 444.6 | ||||
TOTAL | 5,119.1 | 6,272.1 |
- The way the Department charges out all centrally incurred costs was again reviewed during 2003/2004 and is now based on apportionment.
- The figure for 2002/03 includes all centrally incurred costs (eg capital, depreciation charges, ground rent, rates, furniture, cleaning, security, and all works supplied by DCA).
- The decrease in the figure for 2003/2004 is again due to a change in the methodology of apportionment of DCA overheads to the Law Commission.
- These figures include ERNIC and Superannuation.
NOTE The Commissioners are full time. The Chairman and Judge Alan Wilkie QC receive judicial salaries, as a high court judge and a circuit judge respectively. The salary of each of the other Commissioners is £103,829 per annum.