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(1)It shall be the duty of each of the Commissions to take and keep under review all the law with which they are respectively concerned with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernisation of the law, and for that purpose—
(a)to receive and consider any proposals for the reform of the law which may be made or referred to them;
(b)to prepare and submit to the Minister from time to time programmes for the examination of different branches of the law with a view to reform, including recommendations as to the agency (whether the Commission or another body) by which any such examination should be carried out;
(c)to undertake, pursuant to any such recommendations approved by the Minister, the examination of particular branches of the law and the formulation, by means of draft Bills or otherwise, of proposals for reform therein;
(d)to prepare from time to time at the request of the Minister comprehensive programmes of consolidation and statute law revision, and to undertake the preparation of draft Bills pursuant to any such programme approved by the Minister;
(e)to provide advice and information to government departments and other authorities or bodies concerned at the instance of the Government [F1of the United Kingdom or the Scottish Administration]with proposals for the reform or amendment of any branch of the law;
(f)to obtain such information as to the legal systems of other countries as appears to the Commissioners likely to facilitate the performance of any of their functions.
(2)The Minister shall lay before Parliament any programmes prepared by the Commission and approved by him and any proposals for reform formulated by the Commission pursuant to such programmes.
(3)Each of the Commissions shall make an annual report to the Minister on their proceedings, and the Minister shall lay the report before Parliament with such comments (if any) as he thinks fit.
[F2(3A)Subsections (2) and (3) of this section shall have effect in relation to the Scottish Law Commission with the substitution of “the Scottish Parliament” for “Parliament”.]
(4)In the exercise of their functions under this Act the Commissions shall act in consultation with each other.
Textual Amendments
F1Words in s. 3(1)(e) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 36(3)(a)
F2S. 3(3A) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 36(3)(b)