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Government of Wales Act 2006
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41Proceedings by or against Assembly etc.
This section has no associated Explanatory Notes
(1)Proceedings by or against the Assembly are to be instituted by or against the Assembly Commission on behalf of the Assembly.
(2)Proceedings by or against—
(a)the Presiding Officer or Deputy Presiding Officer, or
(b)a member of the staff of the Assembly,
are (unless instituted against or by the Assembly Commission) to be instituted by or against the Assembly Commission on behalf of the Presiding Officer, Deputy Presiding Officer or member of staff.
(3)In any proceedings against the Assembly the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings but may instead make a declaration.
(4)In any proceedings against—
(a)any Assembly member,
(b)the Presiding Officer or Deputy Presiding Officer,
(c)any member of the staff of the Assembly, or
(d)the Assembly Commission,
the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings if the effect of doing so would be to give any relief against the Assembly which could not have been given in proceedings against the Assembly.
(5)References in this section to an order include an order which is not final.
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