Commentary on Clauses Section 2: Protocol about the Law Commission’s work
14.Section 2 inserts a new section 3B into the 1965 Act. The following references to subsections are references to subsections of that new section 3B.
15.Subsection (1) provides that the Lord Chancellor and Law Commission may agree a protocol about the Law Commission’s work. The protocol is designed to provide a framework for the relationship between the UK Government and the Law Commission. The Lord Chancellor must lay the protocol before Parliament.
16.Subsection (2) sets out examples of what matters the protocol may include. For example, it may include provision about the principles and methods to be applied in deciding the work to be carried out by the Law Commission. However this list is non-exhaustive.
17.Subsection (3) provides that the protocol is to be reviewed from time to time and may be revised.
18.Subsection (5) provides that Ministers of the Crown and the Law Commission must have regard to the protocol.
19.The protocol addresses the relationship between the Law Commission and other parts of Government. It relates only to existing powers and functions, and does not create new powers or confer new functions. It is not intended to create directly enforceable rights and obligations.