Francis Taylor Building

Law Commission programme to review electoral law, data sharing and taxis PDF Print E-mail
Wednesday, 20 July 2011 10:59

The Law Commission has set its sights on reforming a range of areas relevant to public bodies as part of its Eleventh Programme of Law Reform, including electoral law, misconduct in public office, data sharing between public bodies, and taxi laws.

The key projects for the public sector out of the 14 in total being considered are:

  • Charity law, selected issues: “examining a range of issues concerning the constitution and regulation of charities and their activities”
  • Data sharing between public bodies: “clarifying the existence and nature of legal obstacles to data sharing”
  • Electoral law: “rationalising the complicated framework of rules governing electoral processes and take account of advances in technology”
  • Misconduct in a public office: “simplifying and clarifying this common law offence, and ensuring the law takes into account the fact that functions traditionally considered to be public in nature are now often discharged by private individuals and volunteers”
  • Rights to light – "assessing whether this area of law correctly balances a right to receive light against the right of neighbours affected by it to develop their land; including examining the relationship with planning law and the range of remedies available where a right is interfered with"
  • Taxis and private hire vehicles: “reviewing and simplifying the existing complex and separate regulatory systems, removing geographical inconsistencies and modernising to reflect advances in technology”.

Lord Justice Munby, Chairman of the Law Commission, says: “Our Eleventh Programme brings together a diverse range of law reform projects, each of which is important and highly relevant to our lives today. We are grateful to all those who responded to our consultation for their suggestions, and proud of the programme they have enabled us to build.

“The Law Commission exists solely to review the law and recommend reforms to make it fair, modern, accessible and cost-effective. Each area of law we will examine in the Eleventh Programme has been identified as being flawed and at risk of creating confusion and injustice. Each demands review and reform.”

The law reform advisory body said that it had received more than 200 proposals for projects, before selecting the final 14. The work will be conducted over the next four years, alongside projects carried over from previous programmes and those referred to the Commission by Ministers.

The other projects are:

  • Conservation covenants: “investigating the case for a new statutory interest in land that would enable a conservation obligation to be enforceable against a landowner by someone who is not a neighbour”
  • Contempt: “reviewing the law on contempt to take into account use of the internet and other technologies and to ensure courts have the powers they need to deal with contempt in the face of the court”
  • Electronic communications code: “considering whether the Code can be made more transparent, user-friendly and efficient in resolving disputes”
  • European contract law: “assessing the impact of the EC-generated optional instrument that sets out which laws apply to contracts made between businesses (and between businesses and consumers) from different member states”
  • Family financial orders: “considering how court orders for financial provision following divorce or the end of a civil partnership and orders concerning financial arrangements for children are enforced”
  • Offences against the person: “restructuring the law, probably by creating a new hierarchy of offences, and modernising and simplifying the language used to define offences against the person”
  • Trademark and design litigation, unjustified threats: “considering whether to repeal, reform or extend four provisions that impose liability to pay damages on the makers of an unjustified threat of intellectual property litigation”
  • Wildlife: “modernising the law on wildlife management, simplifying it and making it easier to understand.”

More information on the programme is available on the Commission’s website at www.lawcom.gov.uk.

 

Latest News

April 14, 2014

Small pubs face "huge" new bills under locally set licensing fees: BBPA

Small local pubs could face huge new bills if the Government’s proposals on locally set licensing fees are implemented in their current form, the British Beer & Pub Association has claimed. Read more
April 10, 2014

LGA warns Home Office against "micro-managing" locally set licensing fees

The Government’s backing for the principle of locally-set licensing fees is welcome and long overdue but this has been undermined by consultation proposals that seek to micro-manage the approach, the Local Government… Read more
April 08, 2014

Boroughs create tool to assess alcohol-related health and crime data

Two London councils have developed a tool to assess alcohol-related health and crime data, allowing them to link public health priorities with licensing objectives for the first time. Read more
March 31, 2014

LGA concern at national relaxation of licensing hours during World Cup

The Local Government Association has criticised the Government’s decision to approve an England-wide relaxation of licensing hours for England matches with late kick off times at this year’s 2014 World Cup. Read more
March 28, 2014

Clubs lose battle over refusal of sexual entertainment venue licence

The owners of two lap dancing clubs have lost a High Court challenge over a city council’s decision to refuse to renew their sexual entertainment venue (SEV) licences. Read more
March 27, 2014

Council fails in High Court appeal over house in multiple occupation ruling

The High Court has rejected a city council’s appeal over a ruling that a house in multiple occupation (HMO) in its area was not subject to the mandatory licensing scheme under the Housing Act 2004. Read more

 

Features

Betting slip iStock 000003206886Small 146x219
April 10, 2014

Primary activity, betting shops and s. 153 of the Gambling Act

Gerald Gouriet QC and George Mackenzie take issue with a London borough's interpretation of the outcome of judicial review proceedings relating to primary activity and a betting shop. Read more
Predeterminiation iStock 000016468646Small 146x219
April 02, 2014

Lap dance no more

In two recent decisions the courts have affirmed the wide powers enjoyed by licensing authorities to refuse renewals of licences for lap dancing clubs. Ranjit Bhose QC, Philip Kolvin QC and Josef Cannon review the judgments. Read more
March 27, 2014

Storeyville: houses in multiple occupation

The High Court has confirmed the scope of the licensing regime for houses in multiple occupation. Suzanne Ornsby QC and George Mackenzie explain why. Read more
March 20, 2014

Business Against Crime schemes: second bite

Licensing authorities looking to encourage business crime reduction schemes can take comfort from a High Court ruling, writes Philip Kolvin QC. Read more
March 20, 2014

What's happening with personal licences?

Paddy Whur reviews recent developments in relation to personal licences and looks for clues to what might happen next. Read more
March 13, 2014

A licence to busk

Camden Council has successfully fended off a High Court challenge to its proposed licensing scheme for busking in the borough. Clive Sheldon QC explains the ruling. Read more

 

Older news and features

April 02, 2014

Lap dance no more

March 13, 2014

A licence to busk

March 05, 2014

The sound and the fury

December 18, 2013

Staying the course?

December 09, 2013

A matter of policy

November 21, 2013

Losing your Mojoe?

Click here for full section archive

Now Previewing on LGL.tv: Prof Roy Light on Licensing law.  Free-of-charge to new users. Enter FREE TRIAL when checking out (registration required).

Featured Jobs


CLICK HERE to search all current vacancies

Featured Courses & Events

Sign up for Courses and Events Updates

* indicates required

Services v2

Yellow pages iStock 000009762383XSmall cropTo access details of individual advertisers, please click on the relevant banner below.

To search all entries in the Local Government Lawyer Services Directory, please click here

 

 


 

Woods Whur ad

 


 Shout_to_the_top_looking_left_iStock_000006002590XSmall_98x74 Latest Blog Posts

 

 


 

Ballot_iStock_000006080605XSmall_thumb

Snap Judgement

Is the role of monitoring officer worth the risk?