The National Assembly for Wales (Transfer of Property, Rights and Liabilities) Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

The Government of Wales Act 1998 (c.38), which provided for devolution of power to Wales, established a body corporate known as the National Assembly for Wales. Unlike the devolution arrangements in Scotland and Northern Ireland, the 1998 Act did not provide for a separation of the legislature from the executive. Although its statutory functions are in law the responsibility of the Assembly as the corporate body, in practice however most of the Assembly’s powers (excluding those of a predominantly legislative character) are exercised on its behalf by Assembly Ministers (referred to in the 1998 Act as “Assembly Secretaries”) under delegation arrangements approved by the Assembly in plenary session. The Assembly holds Ministers to account for exercise of these functions. This system was reflected by the titles “Welsh Assembly Government” to describe what was in practice the executive, and “Assembly Parliamentary Service” describing the legislature.

The Government of Wales Act 2006 (c.32) establishes the Welsh Assembly Government in a legal form which is separate, but accountable to a newly formed National Assembly for Wales. In doing so it establishes as legal entities a First Minister (appointed by Her Majesty), Welsh Ministers and Counsel General capable of exercising statutory functions in their own right. The National Assembly for Wales in its new form will, like other legislatures or parliaments, not be a corporate body, and in consequence a new legal entity known as the National Assembly for Wales Commission (“Assembly Commission”) will be established to enable administrative and legal arrangements to be made for employing staff, holding property, purchasing services, and more generally entering into contracts for the benefit of the Assembly.

Paragraph 39 of Schedule 11 to the 2006 Act provides that in the absence of any provision to the contrary property, rights and liabilities of the existing or “1998 Act” National Assembly for Wales will pass to the Welsh Ministers when the new arrangements come into force. Paragraph 41 of Schedule 11 enables the Secretary of State, by order, to make alternative provision. This Order makes such alternative provision by transferring certain property, rights and liabilities to the Assembly Commission.

Article 2 transfers interest in land to the Assembly Commission in respect of the Senedd and the Pierhead Building in Cardiff Bay and the Colwyn Bay Visitor Centre.

Article 3 makes provision for the transfer of the National Assembly for Wales Office in Cardiff Bay to the Assembly Commission subject to a lease of part of the building to the Welsh Ministers.

Article 4 makes provision for the shared use by Assembly Commission of buildings transferred to the Welsh Ministers and which have been predominately used and occupied by the former Welsh Assembly Government.

Article 5 transfers the seal of the “1998 Act” Assembly to the Assembly Commission.

Article 6 makes a general provision for the transfer of property, rights and liabilities that relate to the activities of the Assembly Parliamentary Service to the Assembly Commission.

Article 7 makes specific provision relating to the Assembly’s ICT Services contract for the continuation of service to the new entities.

Article 8 makes specific provision in relation to the Assembly’s pension services administration contract providing for the continuation of service to the new entities.

Article 9 confers rights upon the Assembly Commission regarding documents which relate to the property, rights and liabilities transferred to the Assembly Commission by this Order.

Article 10 provides for disputes to be resolved in most instances by the Secretary of State.

Article 11 makes transitional and saving provisions.

Site plans showing the land and buildings which are the subject of this Order can be inspected during office hours at the library of the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

Any criminal liability of the Assembly Commission in connection with the property etc transferred to it by this Order is covered in article 2(3) of the Government of Wales Act 2006 (Transitional Provisions) Order 2007 (S.I. 2007/1270).