LAW REFORM COMMISSION ACT - 1975 (NRCD 325)

    • The Law Reform Commission established by the Law Reform Commission Decree, 1968 (NLCD 288) shall continue in existence subject to the provisions of this Decree and is in this Decree referred to as "the Commission".

    • (1) The object of the Commission is to promote law reform in Ghana.

      (2) Without prejudice to the generality of subsection (1) of this section, it shall be the duty of the Commission to take and keep under review all the law both statutory and otherwise with a view to its systematic development and reform including in particular the modification 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 law which may be made or referred to the Commission;

      (b) to prepare and submit from time to time to the National Redemption Council through the Commissioner responsible for Justice (in this Decree referred to as "the Commissioner"), 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, in pursuance of any such recommendations approved by the National Redemption Council, the examination of particular branches of the law and the formulation, by means of draft Decrees or otherwise of proposals for reform therein;

      (d) to prepare from time to time at the request of the Commissioner comprehensive programmes of consolidation and statute law revision and to undertake the preparation of draft Decrees pursuant to any such programme approved by the Commissioner;

      (e) to provide advice and information to government departments and other authorities or bodies concerned at the instance of the Government 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 Commission likely to facilitate the performance of any of its functions;

      (g) to co-opt other persons to constitute committees or sub-committees for the purposes of studying in detail and making recommendations on any subject matter in any field in which such persons could be considered to be experts.

    • (1) The Commission shall consist of a Chairman and eight other members all of whom shall be appointed by the National Redemption Council upon the recommendations of the Commissioner.

      (2) The Chairman of the Commission shall be a person appearing to the National Redemption Council upon the recommendations of the Commissioner, to be suitably qualified by the holding of judicial office or by experience as a lawyer or as a teacher of law in a University.

      (3) A person appointed to be a member of the Commission shall be appointed for such term not exceeding five years and, subject to such conditions as may be determined by the National Redemption Council upon the recommendations of the Commissioner.

      (4) Any such member may at any time resign his office by writing under his hand addressed to the Commissioner and, the appointment of any such member may for good cause be revoked by the National Redemption Council upon the recommendations of the Commissioner.

      (5) All members of the Commission shall, upon ceasing to hold office as such, be eligible for reappointment.

    • (1) The quorum at any meeting of the Commission shall be five members of whom not less than three shall be lawyers.

      (2) Without prejudice to the provisions of subsection (2) (g) of section 2 of this Decree the Commission may from time to time co-opt any person or persons to act as an adviser or advisers at any of its meetings, so however, that no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Commission.

      (3) Subject to the provisions of this Decree, the Commission shall regulate its own procedure.

    • (1) The Commission shall have an officer to be designated Executive Secretary.

      (2) The Executive Secretary shall be a lawyer of not less than eight years standing as a lawyer and shall be appointed by the National Redemption Council upon the recommendations of the Commissioner.

      (3) The Executive Secretary shall-

      (a) act as Secretary to the Commission;

      (b) subject to the overall control and direction of the Commission, be responsible for the day to day administration of the office of the Commission; and

      (c) be responsible to the Commission for the discharge of his functions under this Decree.

      (4) The Executive Secretary shall be assisted in the discharge of his functions by such members and categories of employees of the Commission as the Commissioner, with the prior approval of the Commissioner responsible for Finance, may determine and such employees shall be appointed by the Commissioner.

      (5) The Executive Secretary and the other employees of the Commission shall hold office upon such terms and conditions as the National Redemption Council shall from time to time determine upon the recommendations of the Commissioner.

      (6) The Executive Secretary and the other employees of the Commission shall be public officers.

    • Any member of the Commission, any person co-opted to any meeting of the Commission under section 4 of this Decree and any person co-opted to any Committee of the Commission or a sub-Committee under subsection (2) (g) of section 2 of this Decree may be paid such allowance (if any) as the National Redemption Council may determine.

    • The Commission shall in each year submit to the Commissioner an annual report on its proceedings.

    • The Commissioner shall lay before the National Redemption Council-

      (a) any programmes prepared by the Commission and approved by him;

      (b) any proposals for reform formulated by the Commission pursuant to such programmes; and

      (c) any annual report submitted to him by the Commission under section 7 of this Decree together with any comments that he may think necessary.

    • The Expenses of the Commission including the remuneration of employees of the Commission shall be defrayed out of moneys provided by the National Redemption Council.

    • (1) The Executive Secretary shall ensure that the Commission keeps proper books of account and proper records in relation thereto.

      (2) The books of accounts and the said records of the Commission shall be in such form as the Auditor-General may approve.

      (3) The accounts of the Commission shall be audited annually by the Auditor-General who shall make a report thereon to the Commissioner and forward a copy of such report to the Secretary to the National Redemption Council for the information of the Council.

    • In this Decree "Commissioner" means the Commissioner responsible for Justice.

    • The Law Reform Commission Decree, 1968 (NLCD 288) and the Law Reform Commission (Amendment) Decree, 1975 (NRCD 312) are hereby repealed.