Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Order)

Paragraph 43(1) of Schedule 11 to the Government of Wales Act 2006 (“GOWA 2006”) provides that, subject to any order that may be made by the Secretary of State under paragraph 43(2) of that Schedule (“the Schedule”), the members of staff of the Assembly constituted by the Government of Wales Act 1998 (“the GOWA 1998 Assembly”) are to be taken to have been appointed as members of staff of the Welsh Assembly Government.

Paragraph 43(2) of the Schedule enables the Secretary of State, by order, to make a scheme providing for the transfer of listed staff of the GOWA 1998 Assembly to the employment of the Assembly Commission (“the transfer scheme”).

Article 2 of this Order modifies paragraph 43 of the Schedule so as to ensure that rights, powers, duties and liabilities of the GOWA 1998 Assembly under or in connection with a contract of employment of a listed member of staff of that Assembly transfer to the Assembly Commission.

The staff of the GOWA 1998 Assembly whose employment will transfer to the Assembly Commission will be those staff listed on a staff transfer list that is to be produced by the Secretary of State.

The provisions of this Order must be read in conjunction with the provisions of paragraph 43 of the Schedule so as to fully understand the legal effect of the transfer of the contracts of employment of the listed staff of the GOWA 1998 Assembly to the Assembly Commission.

The transfer scheme is set out in articles 3 to 16 of this Order. The transfer scheme contains provisions that are similar to provisions in the Transfer of Undertakings (Protection of Employment) Regulations 2006 to the extent that such provisions are appropriate in the context of the transfer of the employment of listed staff of the GOWA 1998 Assembly to the Assembly Commission.