Statutory Instruments
2007 No. 2142
CONSTITUTIONAL LAW
DEVOLUTION, WALES
The National Assembly for Wales (Diversion of Functions) (No.2) Order 2007
Made
25th July 2007
Coming into force in accordance with article 1(2)
At the Court at Buckingham Palace, the 25th day of July 2007
Present,
The Queen’s Most Excellent Majesty in Council
The National Assembly for Wales, having resolved (in accordance with the provisions of paragraph 31(8) of Schedule 11 to the Government of Wales Act 2006( 1 )) that a recommendation be made to Her Majesty in Council to make an Order in Council, and the Welsh Ministers having consented (in accordance with the provisions of paragraph 31(5) of that Schedule) to that recommendation being made; and
The Secretary of State for Wales having recommended the making of this Order;
Her Majesty, in exercise of the power conferred upon Her by paragraph 31(1)(a)(ii) and (4) of that Schedule, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation, commencement and interpretation
1. —(1) This Order may be cited as The National Assembly for Wales (Diversion of Functions) (No.2) Order 2007.
(2) This Order shall come into force on the day after it is made.
(3) In this Order—
“the 1998 Assembly” means the National Assembly for Wales constituted by the Government of Wales Act 1998( 2 );
“the Rules” means the Employment TribunalsRules of Procedure 2004 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004( 3 ); and
“the 2006 Act” means the Government of Wales Act 2006.
Functions of receiving documents under the Rules
2. The specified functions of the 1998 Assembly under the Rules, which transferred to the Welsh Ministers immediately after the end of the initial period( 4 ) under paragraph 30(1) of Schedule 11 to the 2006 Act, are transferred to the Counsel General to the Welsh Assembly Government.
3. The specified functions for the purposes of article 2 are the functions under rule 56(2) of receiving notices (other than a copy of a notice under rule 56(2)(a)) and copies of claims and responses.
Consequential modifications to the Rules
4. —(1) The Rules are modified as follows.
(2) In rule 56(2)—
(a) for “Schedule 8 to the Government of Wales Act 1998” substitute “Schedule 9 to the Government of Wales Act 2006”; and
(b) for “National Assembly for Wales”, substitute “Counsel General to the Welsh Assembly Government” in both places.
(3) In rule 61(4)(d)—
(a) for the first reference to “National Assembly for Wales” substitute “Counsel General to the Welsh Assembly Government”; and
(b) for “Counsel General to the National Assembly for Wales” substitute “Counsel General to the Welsh Assembly Government”.
Judith Simpson
Clerk of the Privy Council
S.I. 2004/1861 , to which there are amendments not relevant to this Order.
For the meaning of “the initial period” see s.161(5) of the Government of Wales Act 2006.