19/12/2017
14 areas selected for review in latest law reform programme (E, W)
A three-year project to deliver the legal reforms necessary to enable the development and use of driverless vehicles and their application in public transport networks and ‘in-demand’ passenger services by 2021 is one of 14 areas selected for review in the latest law reform programme compiled by the Law Commission.
The ‘Thirteenth Programme of Law Reform’ to be submitted to the Lord Chancellor under the Law Commissions Act 1965 is rated by the Law Commission as ‘the most innovative yet’.
It comprises programmes for reform selected from 220 areas suggested by respondents to a 2016 public consultation by applying the following criteria
- the extent to which the law is unsatisfactory and the potential benefits of reform
- whether the independent, non-political Law Commission is the most suitable body to conduct the project
- whether the necessary resources are available to carry the project out successfully
The selected projects also broadly support two key aims.
- To boost Britain and help enhance its global competitiveness as it leaves the EU.
In addition to the automated vehicles project, this category includes
- smart contracts
- electronic signatures
- intermediate securities
- trust law
2) To improve the way in which the law works for citizens or businesses, including the following areas
- surrogacy
- residential leasehold
- unfair terms in residential leasehold
- disposing of the dead
- immigration
- employment law hearings
- administrative review
- museum collections
- liability for chancel repair
The Commission will also continue to work on unfinished 12th Programme topics as well as referral projects, which include
- misconduct in public office
- search warrants
- anti-money laundering
- Confiscation under the Proceeds of Crime Act 2002
- From Bills of Sale to Goods Mortgages
It has additionally listed a number of areas that it considers would have merit as law reform projects but is currently unable to take forward as part of the 13th programme.
It also warns that the programme as it stands represents a significant body of work that it is unlikely to be able to initiate in its entirety during the normal 3-year programme cycle – particularly with the uncertainty created by Brexit.
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