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Lord Chancellors Dept

Answer

Miss Melanie Johnson: To ask the Parliamentary Secretary, Lord Chancellor's Department what decisions he has reached on the unimplemented Law Commission reports within the responsibility of his Department. [35694] Mr. Hoon: As previously indicated, the Government intend to bring forward legislation on "Delegation by Individual Trustees" (Law Com 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. It 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--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 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 their proposals in "Law Com No 204" after they have finished their 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.

Secondary information

Type

Written question

Reference

308 c709W; 35694

Session

1997-98

Subjects

Contracts Compensation Land Law Law Commission Ownership Property law Mental capacity Mortgages Tenure Sales Reform Trusts