§ Lord Plant of Highfield
asked Her Majesty's Government:
What decisions have been reached on unimplemented Law Commission reports within the responsibility of the Lord Chancellor's Department. [HL1084]
§ The Lord Chancellor (Lord Irvine of Lairg)
As previously indicated, the Government intend to bring forward legislation onDelegation by Individual Trustees (Law Conc. No. 220) and the first part of Restitution for Mistake of Law: Ultra Vires Public Authority Receipts and Payments (Law Com. No. 227) when time permits. They will also bring forward legislation on Privity of Contract: Contracts for the Benefit of Third Parties (Law Com. No. 242), again when time permits. The Government's Green Paper on mental incapacity includes proposals in Mental Incapacity (Law Com. No. 231); the consultation period ends on 31 March.
The Government have decided not to implement Transfer of Land—in the Law of Positive and Restrictive Covenants (Law Com. No. 127), but will ask the Law Commission to consider, in the context of its other priorities, how future developments in property law might affect the recommendations in this report. The 214WA Government have also decided not to implement the remaining part of Overreaching: Beneficiaries in Occupation (Law Com. No. 188), nor Land Mortgages (Law Com. No. 204), as these proposals have not been supported sufficiently widely.
However, we will invite the Law Commission to reconsider its proposals in Law Com No. 204 after it has finished its current work on land registration. Decisions on other reports will, where possible, be reached by Easter and will be announced. All Law Commission reports, even though some remain unimplemented, play a valuable role in the clarification and development of the law. The Government are most grateful to the Law Commission for the extensive contribution it makes to producing a modern and effective legal framework for England and Wales.