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The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007

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This sectionnoteType=Explanatory Memorandum has no associated

1.  (1)  This Order may be cited as the National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007.

(2) This Order shall come into force immediately after the 2007 election(1).

(3) In this Order—

“the Assembly” means the National Assembly for Wales constituted by the Government of Wales Act 1998(2);

“collective agreement” and “trade union” have the same meanings respectively as in the 1992 Act;

“contract of employment” means any agreement between an employee and his employer determining the terms and conditions of his employment;

“employee” means any individual who works for another person whether under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services and references to a person’s employer shall be construed accordingly;

“a listed relevant employee” means a relevant employee who is named in the staff transfer list;

“recognised” has the meaning given to the expression by section 178(3) of the 1992 Act;

“the Schedule” means Schedule 11 to the Government of Wales Act 2006;

“staff transfer list” means a list produced by the Secretary of State in accordance with paragraph 43(3) of the Schedule and article 3 of this Order;

“transferred contract” means a contract of employment transferred in accordance with article 4;

“the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992(3);

“the 1996 Act” means the Employment Rights Act 1996(4);

“the 1996 Tribunals Act” means the Employment Tribunals Act 1996(5).

(1)

The expression “the 2007 election” is defined in section 161(1) of the Government of Wales Act 2006 as the ordinary election under section 3 of the Government of Wales Act 1998. In accordance with section 3 of the 1998 Act the election is due to take place on 3rd May 2007.

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