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Law Reform Commission Act, 2011
(ACT 822)
ARRANGEMENT OF SECTIONS
Section
Law Reform Commission
1.
Establishment of the Law Reform
Commission
2.
Object
of the Commission
3.
Functions of the Commission
4.
Governing body of the Commission
5.
Tenure
of office of members
6.
Meetings of the Board
7.
Disclosure of interest
8.
Establishment of committees
9.
Allowances
The Law Reform Fund
10.
Establishment of the Law Reform
Fund
11.
Objects of the Fund
12.
Sources of money for the Fund
13.
Management of the Fund
Administrative and financial
provisions
14.
Executive Director of the
Commission
15.
Functions of the Executive
Director
16.
Appointment of staff
17.
Accounts and audit
18.
Annual
report and other reports
Miscellaneous provisions
19.
Prohibition of disclosure of
information
20.
Regulations
21.
Interpretation
22.
Transitional provisions
23.
Repeal
and savings
ACT
OF THE
PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
LAW REFORM
COMMISSION ACT, 2011
AN ACT to establish the Law
Reform Commission and to provide
for related purposes.
DATE OF ASSENT:
PASSED
by Parliament
and assented to by the
President:
Law Reforms
Commission
Establishment
of the Law Reform Commission
1.
(1)
There is established by this Act
a body corporate to be known as
the Law
Reform Commission.
(2) Where there is a hindrance
to the acquisition of property,
the property may be acquired for
the Commission under the State
Property and Contracts Act 1960
(C.A.6) or the State Lands Act,
1962 (Act 125) and the costs
shall be borne by the
Commission.
Object of the
Commission
2.
The object of
the Commission is to promote law
reform in the country
Functions of
the Commission
3.
To achieve
the object, the Commission shall
(a)
receive, consider and make
proposals for the initiation and
reform of any law in the
country;
(Ii) prepare and submit through
the Minister proposals for the
examination of different aspects
of the law including
recommendations for the
codification and consolidation
of legislation;
(c)
make practical proposals for the
development, simplification
and modernisation of the law;
(d)
advise the Minister on policies
for law reform;
(e)
undertake the examiniation of
particular areas of the law
and formulate proposals for
reform after appropriate
research;
C) provide advice and
information to Ministries,
Departments,
Agencies and the private sector
for the reform or amendment
of a law;
(g) obtain information on the
legal systems of other countries
that may facilitate the
performance of its functions;
and
(Ii)
perform any other functions that
are ancillary to the object
of the Commission.
Governing body of the Commission
4. (1) The governing body of the
Commission is a Board consisting
of
(a)
a chairperson who is a lawyer of
not less than fifteen years
standing,
(7') seven other persons, five
of whom are lawyers of not less
than eight years standing
nominated by the Minister, and
(c)
the Executive Director.
(2)
The members of the Board shall
be appointed by the President in
accordance with article 70 of
the Constitution.
(3)
The Board shall ensure the
proper and effective performance
of
the functions of the Commission.
Tenure of office of members
5. (1) A member of the Board
shall hold office for a period
of four
years and is eligible for
re-appointment.
(2)
Subsection (1) does not apply to
the Executive Director of the
Commission
(3)
A member of the Board may at any
time resign from office in
writing addressed to the
President through the Minister.
(4)
A member of the Board, other
than the Executive Director of
the Commission, who is absent
from three consecutive meetings
of the Board without sufficient
cause ceases to be a member of
the Board.
(5)
The President may by letter
addressed to a member revoke the
appointment of that member.
(6)
Where
a member of the Board other than
the Executive Director
is, for a
sufficient reason, unable to act
as a member, the Minister shall
determine whether the inability
would result in the declaration
of a vacancy.
(7)
Where
there is a vacancy
(a)
under subsection (3) or (4) or
section 7 (2), or
(b)
as a result of a declaration
under subsection (6), or
(c)
by reason of the death of a
member,
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings of the Board
6. (1) The Board shall meet at
least once every three months
for the despatch of business at
the times and in the places
determined by the chairperson.
(2)
The
chairperson shall at the request
in writing of not less than
one-third of the membership of
the Board convene an
extraordinary
meeting of
the Board at the place and time
determined by the chairperson.
(3)
The
quorum at a meeting of the Board
is five members of the Board or
a greater number determined by
the Board in respect of an
important matter.
(4)
The
chairperson shall preside at
meetings of the Board and in the
absence of the chairperson, a
member of the Board elected by
the members present from among
their number shall preside.
(5)
Matters before the Board shall
be decided by a majority of the
members present and voting and
in the event of an equality of
votes, the person presiding
shall have a casting vote.
(6)
The Board may co-opt a person to
attend a Board meeting but that
person shall not vote on a
matter for decision at the
meeting.
Disclosure of interest
7. (1) A member of the Board who
has an interest in a matter for
consideration
shall disclose the nature of the
interest and the disclosure
shall form part of the record of
the consideration of the
(a)
matter; and
(b)
shall not participate in the
deliberations of the Board in
respect of that matter.
2) A member ceases to be a
member of the Board, if that
member has an interest in a
matter before the Board, and
(a) fails to disclose that
interest, or
(b) participates in
deliberations of the Board on
the matter.
Establishment
of committees
8. (1) The
Board may establish committees
consisting of members of the
Board or non-members or both to
perform a function.
(2)
Without limiting subsection (1),
the Board shall have a research
committee to undertake research
for the Commission
(3)
A committee of the Board may be
chaired by a member of the
Board.
(4)
Section 7 applies to members of
committees of the Board.
Allowances
9.
Members of the Board and members
of a committee of the Board
shall be paid the allowances
approved
by the Minister in consultation
with the Minister responsible
for Finance.
The Law Reform Fund
Establishment
of the Law Reform Fund
10.
There is
established under this Act the
Law Reform Fund.
Objects of
the Fund
11.
The objects
of the Fund are
(a) to undertake projects for
the development and reform of
laws,
(2') to develop human resource
in law reform, and
(c)
for any other purpose that may
be determined by the Board.
Sources of
money for the Fund
12. The
sources of money for the Fund
are
(a) moneys approved by
Parliament,
(1') moneys accruing to the
Commission in the performance of
its functions,
(c)
donations, grants and gifts, and
(d)
any other moneys that are
approved by the Minister
responsible
for Finance.
Management of
the Fund
13. (1) The Board shall in
consultation with the Minister
and the Controller and
Accountant-General provide for
the day to day management of
the Fund.
(2) Despite subsection (1), the
Board is responsible for the
management of the Fund.
(3)
In furtherance of subsection
(1), the Board shall
(a)
open a bank account for the
Fund,
(b)
identify additional sources of
funding,
(c)
recommend to the Minister
additional sources and level of
payments into the Fund,
(d)
prepare and publish procedures
for the disbursement of the
Fund,
(e)
determine the expenditure
programmes from the Fund taking
into consideration the
provisions of this Act and
government
policy, in consultation with the
Minister and Minister for
Finance invest part of the Fund
in appropriate ventures, and
(g)
perform other functions
incidental to the administration
of the Fund.
(4) Sections 17 and 18 apply to
the Fund.
Administrative and financial
provisions
Executive Director of the
Commission
14. (1) The President shall, in
accordance with article 195 of
the Constitution, appoint a
lawyer of not less than twelve
years standing as the Executive
Director of the Commission.
(2)
The Executive Director shall
hold office on the terms and
conditions
specified in the letter of
appointment.
(3)
The Executive Director is the
secretary to the Board.
Functions of the Executive
Director
15. (1) The Executive Director
is responsible for the day to
day
administration of the affairs of
the Commission and is answerable
to the Board in the
performance of functions under
this Act.
(2)
The Executive Director shall
perform any other functions
determined by the Board.
(3)
The Executive Director may
delegate a function to an
officer of the Commission but
shall not be relieved from the
ultimate responsibility for the
performance of the delegated
function.
Appointment of staff
16. (1) The President shall in
accordance with article 195 of
the Constitution appoint staff
of the Commission that are
necessary for the proper and
effective performance of its
functions.
(2) A lawyer who is
appointed as a staff of the
Commission shall enjoy the
conditions of service applicable
to lawyers in the legal service.
(3) Other public officers
may be transferred or seconded
to the Commission or may
otherwise give assistance to it.
(4) The Board may engage
the services of advisers for the
Commission.
Accounts and audit
17. (1) The Board shall keep
books of account and proper
records in relation to them in
the form approved by the
Auditor-General.
(2)
The Board shall submit the
accounts of the Commission to
the Auditor-General for audit
within three months after the
end of the
financial year. -
(3)
The Auditor-General shall, not
later than three months after
the receipt of the accounts,
audit the accounts and forward a
copy of the audit report to the
Minister.
(4)
The Internal Audit Agency Act,
2003 (Act 658) applies to this
Act.
(5)
The financial year of the
Commission is the same as the
financial year of the
Government.
Annual report and other reports
18. (1) The Board shall within
one month after the receipt of
the audit
report, submit an annual report
to the Minister covering the
activities and the
operations of the Commission for
the year.
(2) The annual report shall
include the report of the
Auditor-General.
(3)
The Minister shall, within one
month after the receipt of the
annual report, submit the report
to Parliament.
(4)
The Board shall also submit to
the Minister any other reports
which the Minister may require
in writing.
Miscellaneous provisions
Prohibition of disclosure of
information
19. (1) A person shall not
publish the contents of any
document, communication or
information which relates to,
and has come to the knowledge
of that person in the
performance of functions under
this Act, without the consent
in writing of the Commission.
(2) A person who contravenes
subsection (1) commits an
offence
and is liable on summary
conviction to disciplinary
action determined by the
Commission.
Regulations
20. The Minister may, on the
advice of the Board, by
legislative
instrument, make Regulations to
(a)
prescribe the fees to be charged
in respect of programmes,
publication, consultancy and
other services provided by the
Commission; and
(b)
provide for any other matter
necessary for the effective
implementation of the provisions
of this Act.
Interpretation
21. In this Act, unless the
context otherwise requires,
"Board" means the governing body
of the Commission; "Commission"
means the Law Reform Commission;
"Fund" means the Law Reform
Fund;
"Minister" means the
Attorney-General and Minister
responsible for Justice; and
"Regulations" means the
Regulations made under this Act.
Transitional provisions
22. (1) The rights, assets and
liabilities accrued in respect
of the properties
vested in the Commission
established under the Law Reform
Commission
Act, 1975 (N.R.C.]). 325)
immediately before the
commencement of this
Act and the persons employed by
the Commission shall be
transferred to the Law
Reform Commission established
under this Act.
(2)
Proceedings taken by or against
the former Commission may be
continued by or against the
Commission.
(3)
A contract subsisting between
the former Commission established
under the Law Reform Commission
Act, 1975 (N.R.C.]). 325)
and another person and in effect
immediately before the
commencement of this Act shall
subsist between the Commission
under this Act and that
other person.
Repeal and savings
23. (1) The Law Reform
Commission Act, 1975 (N.R.C.D.
325) is
hereby repealed.
(2) Despite the repeal of N.R.C.]).
325, the Regulations,
bye-laws, notices, orders,
directions, appointments or any
other act lawfully made or done
under the repealed enactment and
in force immediately before
 the
commencement of this Act shall
be considered to have been made
or
done under this Act and shall
continue to have effect until
reviewed, cancelled, revoked or
terminated.
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