- Latest available (Revised)
- Point in Time (03/05/2007)
- Original (As made)
Version Superseded: 25/05/2018
Point in time view as at 03/05/2007.
There are currently no known outstanding effects for the The National Assembly for Wales Commission (Crown Status) Order 2007.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Statutory Instruments
CONSTITUTIONAL LAW
DEVOLUTION, WALES
Made
4th April 2007
Laid before Parliament
11th April 2007
Coming into force in accordance with article 1(2)
At the Court at Windsor Castle, the 4th day of April 2007
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the power conferred on Her by paragraph 12 of Schedule 2 to the Government of Wales Act 2006 M1, is pleased, by and with the advice of Her Privy Council, to order as follows:
Marginal Citations
1.—(1) This Order may be cited as the National Assembly for Wales Commission (Crown Status) Order 2007.
(2) This Order shall come into force immediately after the 2007 election M2.
Marginal Citations
M2The expression “the 2007 election” is defined in section 161(1) of the Government of Wales Act 2006 as the ordinary election held in 2007 under section 3 of the Government of Wales Act 1998 (c.38.). In accordance with section 3 of the 1998 Act the election is due to take place on 3 May 2007.
2. The Assembly Commission shall be treated as a Crown body for the purposes of the Employers' Liability (Compulsory Insurance) Act 1969 M3.
3.—(1) The Assembly Commission shall be treated as a Crown body for the purposes of the Building Act 1984 M4 to the extent specified in this article.
(2) For the purposes of the following provisions the Assembly Commission shall be treated as a government department (and any reference to the Crown in those provisions shall be construed accordingly)—
(a)section 44 (application to Crown), and
(b)section 87 (application to Crown property).
4.—(1) The Assembly Commission shall be treated as a Crown body for the purposes of the Value Added Tax Act 1994 M5 to the extent specified in this article.
(2) In section 41 (application to the Crown) the definition of “Government department” in subsection (6) shall have effect as if before “a Northern Ireland department” there were inserted “ the National Assembly for Wales Commission, ”.
(3) The reference to the Crown in section 67(2)(e) (person acting on behalf of the Crown not liable to penalty under subsection (1)(c)) shall be treated as including a reference to the Assembly Commission.
Marginal Citations
5.—(1) The Assembly Commission shall be treated as a Crown body for the purposes of the Data Protection Act 1998M6 to the extent specified in this article.
(2) For the purposes of the following provisions the Assembly Commission shall be treated as a government department—
(a)section 63(2) and (5) (application to Crown),
(b)paragraph 5 of Schedule 2 (conditions relating to processing of data for the purposes of functions of the Crown), and
(c)paragraph 7 of Schedule 3 (conditions relating to processing of sensitive data for the purposes of functions of the Crown).
(3) References in the provisions mentioned in paragraph (4) to—
(a)employment by or under the Crown, or
(b)a person in the service of the Crown,
shall be treated as including employment as a member of staff of the Assembly or (as the case may be) a person so employed.
(4) The provisions are—
(a)section 33A(2) (exemptions for certain data relating to employment under the Crown),
(b)section 63(5) (application of certain provisions to persons in service of Crown), and
(c)paragraph 4 of Schedule 7 (data relating to person's suitability for employment by or under Crown).
6. The Assembly Commission shall be treated as a Crown body for the purposes of section 195(3) of the Licensing Act 2003 (no criminal liability of Crown under the Act) M7.
7. The Assembly Commission shall be treated as a Crown body for the purposes of section 363 of the Communications Act 2003 (requirement for television licence) M8.
8.—(1) The Assembly Commission shall be treated as a Crown body for the purposes of the Regulatory Reform (Fire Safety) Order 2005 M9 to the extent specified in this article.
(2) References to the Crown in the following provisions shall be treated as including the Assembly Commission—
(a)article 25(e) (meaning of “enforcing authority” in relation to certain premises owned or occupied by Crown), and
(b)article 49(1), (2) and (4) (application to Crown).
(3) For the purposes of article 49—
(a)the occupation of any premises by the Assembly Commission for the purposes of the Assembly is to be regarded as occupation by the Crown, and
(b)any premises in which the Assembly Commission has an interest which is that of an owner (within the meaning of that Order) are to be regarded as premises owned by the Crown.
Marginal Citations
Meriel McCullagh
Deputy Clerk of the Privy Council
(This note is not part of the Order)
This Order provides for the National Assembly for Wales Commission, established by section 27 of the Government of Wales Act 2006 (c.32.), to be treated as a Crown body, and as appropriate for employment by the Assembly Commission to be treated as Crown employment, for certain purposes of the following enactments—
Employers' Liability (Compulsory Insurance) Act 1969 (c.57.);
the Building Act 1984 (c.55.);
the Value Added Tax Act 1994 (c.23.);
the Data Protection Act 1998 (c.29.);
Licensing Act 2003 (c.17.);
Communications Act 2003 (c.21.);
Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: