The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/1169 |
| Year | 2007 |
2007 No. 1169
CONSTITUTIONAL LAW
DEVOLUTION, WALES
The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007
Made 4th April 2007
Laid before Parliament 11th April 2007
Coming into force in accordance with article 1(2)
The Secretary of State, having consulted the Assembly in accordance with paragraph 43(10) of Schedule 11 to the Government of Wales Act 20061, makes the following Order in exercise of powers conferred on him by section 162(2) and (4) and paragraph 43(2) of Schedule 11 to that Act:
Citation, commencement and interpretation
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 election2.
(3) In this Order—
“the Assembly” means the National Assembly for Wales constituted by the Government of Wales Act 19983;
“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 19924;
“the 1996 Act” means the Employment Rights Act 19965;
“the 1996 Tribunals Act” means the Employment Tribunals Act 19966.
Modifications of paragraph 43 of the Schedule
2. Paragraph 43 of the Schedule is modified as follows—
(a) In sub-paragraph (2)—
(i) for “the rights and liabilities of”, substitute “the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of”;
(ii) after “under”, insert “or in connection with”,
(b) In sub-paragraph (4)—
(i) for “the rights and liabilities of”, substitute “the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of”;
(ii) after “under”, insert “or in connection with”,
(c) In sub-paragraph (5)—
(i) for “the rights and liabilities of”, substitute “the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of”;
(ii) after “under”, insert “or in connection with”,
(d) In sub-paragraph (6)(a)—
(i) for “any rights or liabilities under”, substitute “any rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of”; and
(ii) after “under”, insert “or in connection with”,
(e) In sub-paragraph (6)(b) for “at the end of”, substitute “immediately before the end of”,
(f) In sub-paragraph (7) for “any rights or liabilities”, substitute “any rights, powers, duties or liabilities”,
(g) In sub-paragraph (8) for “any rights or liabilities”, substitute “any rights, powers, duties or liabilities”,
(h) In sub-paragraph (9) for “any rights or liabilities”, substitute “any rights, powers, duties or liabilities”.
Staff transfer list
3.—(1) The Secretary of State must, before the end of the initial period, produce a staff transfer list that names relevant employees for the purposes of paragraph 43(2) of the Schedule.
(2) The Secretary of State may amend a staff transfer list.
(3) A staff transfer list must be signed by or on behalf of the Secretary of State, dated and deposited at the Wales Office, Discovery House, Cardiff Bay, Cardiff, CF99 1NA.
(4) A staff transfer list deposited in accordance with paragraph (3) must be made available for inspection at such times and on such conditions as the Secretary of State considers appropriate.
Effect of transfer of contract of employment
4.—(1) All rights, liabilities, powers and duties of the Assembly under or in connection with any contract of employment—
(a)
(a) in force immediately before the end of the initial period; and
(b)
(b) made between the Assembly and a listed relevant employee,
shall, subject to articles 7 and 9, transfer to the Assembly Commission at the end of the initial period.
(2) Paragraph (1) applies in relation to the contract of employment of any relevant employee who would, immediately before the end of the initial period, have been employed by the Assembly if he had not been dismissed in the circumstances described in article 12(1).
(3) For the purposes of paragraph (1), the rights and liabilities, powers and duties of the Assembly under or in connection with any contract of employment to which paragraph (1) applies include any rights, liabilities, powers and duties under an agreement whereby the Assembly agrees to lend or advance monies to, or reimburse expenses incurred by, a listed relevant employee, or to lend or advance monies to a third party on behalf of such an employee.
5. Any transferred contract shall have effect, subject to article 8 after the transfer as if originally made between the Assembly Commission and the listed relevant employee.
6. Subject to article 8, the terms and conditions of a listed relevant employee’s employment with the Assembly Commission shall be (taken as a whole) no less favourable to him than the terms and conditions on which he is employed by the Assembly immediately before his contract of employment is transferred under article 4.
7. Article 4 shall not transfer or otherwise affect the liability of any person to be prosecuted for, convicted of and sentenced for any offence.
Effect of variation of contract of employment
8.—(1) In respect of a contract of employment that is, or will be, transferred by article 4 , any purported variation of the contract shall be void if the sole or principal reason for the variation is—
(a)
(a) the transfer itself; or
(b)
(b) a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce.
(2) Paragraph (1) shall not prevent the Assembly and a listed relevant employee whose contract of employment will be transferred by article 4 from agreeing a variation of that contract if the sole or principal reason for the variation is—
(a)
(a) a reason connected with the transfer that is an economic, technical or organisational reason entailing changes in the workforce...
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