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

National Assembly for Wales Office

3.—(1) Subject to the other provisions of this article, there are hereby transferred to the Assembly Commission all property, rights and liabilities in or arising from or in connection with the Assembly Office, the contents of those premises and the Assembly Office Lease which the 1998 Act Assembly is entitled or subject to immediately before the coming into force of this Order.

(2) As soon as is reasonably practicable after the coming into force of this Order the Assembly Commission shall grant to the Welsh Ministers a leasehold interest for nominal consideration of part of the fifth floor and part of the second floor of the Assembly Office on terms to be agreed between them.

(3) The leasehold interest referred to in paragraph (2) shall include rights for the:

(i) First Minister for Wales;

(ii) Welsh Ministers appointed under section 48 of the 2006 Act;

(iii) Deputy Welsh Ministers;

(iv) Counsel General to the Welsh Assembly Government; and

(v) staff of the Welsh Assembly Government,

to occupy the premises to which the lease relates, to use common parts of the Assembly Office and to have rights of access and egress to and from the Senedd over, along or through the pedestrian links between the Assembly Office and the Senedd.

(4) The lease to be entered into under paragraph (2) shall include the granting to the Welsh Ministers by the Assembly Commission of—

(a) a first option to take an assignment of the Assembly Office Lease prior to the Assembly Commission assigning or offering an assignment of the Assembly Office Lease to any other person and prior to the Assembly Commission surrendering or offering to surrender the Assembly Office Lease to any person in whom the reversion immediately expectant on the term of years granted by the Assembly Office Lease is vested from time to time; and

(b) a right to be granted a new lease of the same premises comprised therein on expiry of the term of years granted by the lease first so granted in the event of the Assembly Commission exercising any right to request a new lease of the Assembly Office on expiry of the term of years granted by the Assembly Office Lease.

(5) The lease to be entered into under paragraph (2) shall include provision for the appointment of an arbitrator to resolve any dispute between the parties as to the terms of such lease following its granting.

(6) Except for requiring the consent of the Assembly Commission, such consent not to be unreasonably withheld, no provision may prevent the Welsh Ministers from acquiring rights for nominal consideration to use or occupy parts of the Assembly Office in addition to those which shall be subject to the lease referred to in paragraph (2).

(7) This article applies notwithstanding any provision relating to the Assembly Office or the Senedd which restricts or prohibits shared use, shared occupation, subletting or assignment of such property or any part or parts thereof or the granting of any rights relating thereto.