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The activities of the Law Commission are set out in the Law Commissions Act 1965. Primarily, we work on projects to make areas of law more up to date, simple and fair, or we might design a new legal framework for an emerging technology.
When starting a project we usually agree terms of reference with the Government.
We also decide whether to take on a project based on:
- the strength of the need for law reform
- the importance of the issues it will cover
- the availability of resources in terms of both expertise and funding
- whether the project is suitable to be dealt with by us
Our efforts are directed towards reforms that are most likely to be implemented.
Our consultations follow the Cabinet Office consultation principles which provide guidance to government departments on duration, timing, accessibility and transparency.
Project stages
Once we’ve agreed to review an area of law, the project will usually follow these stages:
Initiation
We decide on the remit of the project, in conjunction with the relevant Government department.
Pre-consultation
At this stage, we undertake a study of the area of law and identify its defects. We also look at other systems of law to see how they deal with similar problems. We also approach stakeholders, and produce initial scoping and issues papers.
Consultation
We issue a consultation paper detailing the existing law and its defects, and giving the arguments for and against the possible solutions.
We publicise the consultation, inviting comments from interested individuals and organisations. We also encourage feedback from members of the public, including comments on problems we may not have dealt with or the likely effect of something we have proposed. You can respond to any of the Commission’s open consultations.
Policy development
At this stage we analyse the responses to the consultation, which helps us develop and refine our thinking. We may also produce further issues papers and consult on some or all of the draft Bill.
Reporting
At the end of a project we usually submit a report to the Government giving our final recommendations and the reasons we are making them. Where necessary, we include a draft Bill that would give effect to our recommendations. Depending on the nature of the project, our final report may be an advice to government or a scoping report.
Implementation
Only Parliament and the Senedd can decide to implement our recommendations, often by a Bill going through parliament. Find out more about implementation.
Research
We draw on academic research and work with academics in a variety of ways.
For more information about how we carry out our research, read about our use of empirical research.
Assessing the impact of reform
At all stages of our work we assess the impact of reform, working closely with economists who provide specialist advice.
Responding to our consultations
A significant aspect of how we work is through public engagement. We receive hundreds of responses to our consultations each year, from lawyers and professionals, experts, academics and members of the general public. We read everything that is submitted to us whether it be 3 paragraphs or 30 pages of evidence.
There is no prescribed format for submitting views to one of our consultations – though we normally use Citizen Space to collect responses we are also happy to receive information via the relevant project email address.
We encourage people writing in to not worry about using traditional or formal language. We also suggest not using ‘Dear Sirs’.
Read more about who will be reading your submission.