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9.—(1) Subject to paragraphs (3) to (5) the Assembly Commission shall have a—
(a)right of possession of;
(b)right of access to; and
(c)right to use and deal with,
any records to which this paragraph applies.
(2) Paragraph (1) applies to records that:
(a)are held by the Assembly Parliamentary Service immediately before this Order comes into force; or
(b)after that date are, subject to paragraph (5), provided by the Welsh Assembly Government to the Assembly Commission and:
(i)were in existence immediately before this Order comes into force; and
(ii)relate to or are connected with the property, rights, and liabilities transferred to the Assembly Commission under this Order.
(3) The right of possession of and access to records referred to in paragraph (1) is subject to the right of the Secretary of State for Wales to have access to records transferred to the 1998 Act Assembly by the National Assembly for Wales (Transfer of Records) Order 2004(1).
(4) Nothing in this article affects the rights of the Welsh Ministers to possession of, access to or to use and deal with the records to which this article applies.
(5) The Welsh Ministers may provide to the Assembly Commission any record to which paragraph (2)(b) applies on such conditions and subject to such restrictions, including the exclusion of one or more of the rights referred to in paragraph (1), as the Welsh Ministers consider appropriate.
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