Statutory Instruments
2015 No. 1536
Constitutional Law
The National Assembly for Wales (Disqualification) Order 2015
Made
15th July 2015
Coming into force
1st September 2015
At the Court at Buckingham Palace, the 15th day of July 2015
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 16(6) of the Government of Wales Act 2006( 1 ) a draft of this Order was laid before, and approved by a resolution of, the National Assembly for Wales.
Accordingly, Her Majesty, in pursuance of section 16(1) and (5) of that Act, is pleased, by and with the advice of Her Privy Council, to order as follows:
Title and commencement
1. The title of this Order is the National Assembly for Wales (Disqualification) Order 2015 and it comes into force on 1st September 2015.
Designation of disqualifying offices
2. The offices described in the Schedule are designated as offices disqualifying the holders of such offices from being members of the National Assembly for Wales.
Revocation of National Assembly for Wales (Disqualification) Order 2010
3.The National Assembly for Wales (Disqualification) Order 2010( 2 ) is revoked.
Richard Tilbrook
Clerk of the Privy Council
Article 2
SCHEDULE Offices disqualifying holders from membership of the National Assembly for Wales
| A tribunal constituted under section 27 of, and Schedule 3 to the Education Act 2005( 3 ) | All members |
| A tribunal referred to in paragraph 10 of Schedule 26 to the School Standards and Framework Act 1998( 4 ) | All members |
| Adjudication Panel for Wales | All members |
| Advisory Committee on Dangerous Pathogens | All members |
| Advisory, Conciliation and Arbitration Service | All members of the Council |
| Agricultural Land TribunalWales | All members |
| Arts Council of Wales | All members |
| Big Lottery Fund | All members appointed under paragraph 1 of Schedule 4A to the National Lottery Etc. Act 1993( 5 ) or of a committee established under paragraph 7(1)(b) of that Schedule |
| Board of Medical Referees | All members appointed by the Welsh Ministers( 6 ) |
| Boundary Commission for Wales | Commissioners |
| British Broadcasting Corporation Trust | All members |
| British Council | Chair and Chief Executive |
| British Transport Police Authority | All members |
| Care Council for Wales | All members |
| Certification Officer and any Assistant Certification Officer having functions under the Trade Union and Labour Relations (Consolidation) Act 1992( 7 ) | Certification Officer and any Assistant Certification Officer |
| Channel Four Television Corporation | All members |
| Children’s Commissioner for Wales | Commissioner and Deputy Commissioner |
| Civil Service Commission | First Civil Service Commissioner and all Commissioners |
| Commissioner for Public Appointments | |
| Competition and Markets Authority | All members |
| Comptroller and Auditor General | |
| Education Workforce Council | All members |
| Electoral Commission | All members and staff |
| Emergency Ambulance Services Committee | Chair |
| Employment Tribunals and Employment Appeal Tribunal | All members |
| Finance Wales Public Limited Company or any wholly owned subsidiary of Finance Wales Public Limited Company | All Directors |
| Financial Conduct Authority | All members |
| Fire and Rescue Service | Inspector or Assistant Inspector appointed under section 28 of the Fire and Rescue Services Act 2004 |
| Firefighters’ Pension Scheme Advisory Board for Wales | All members |
| First-tier tribunal | All members |
| Food Standards Agency | All members |
| Future Generations Commissioner for Wales | |
| Gas and Electricity Markets Authority | All members |
| Health and Safety Executive | All members |
| Her Majesty’s Chief Inspector of Education and Training in Wales | |
| Higher Education Funding Council for Wales | All members, other than a member who is also an employee of the Council |
| Human Fertilisation and Embryology Authority | All members |
| Human Tissue Authority | All members |
| Independent Adjudicator to Local Authorities in Wales( 8 ) | |
| Independent Case Examiner for the Department of Work and Pensions | The Independent Case Examiner |
| Independent Groundwater Complaints Administrator appointed under section 21 of and paragraph 27 of Schedule 7 to the Cardiff Bay Barrage Act 1993( 9 ) | |
| Independent Police Complaints Commission | All members |
| Independent Remuneration Panel for Wales | All members |
| Independent Social Services Complaints Panel | All members |
| Joint Nature Conservation Committee | All members |
| Local Democracy and Boundary Commission for Wales | Chief Executive and all members |
| Local Government Pension Scheme Advisory Board | Chair and Deputy Chair |
| Local Health Board for an area in Wales | All members, not being also an employee |
| Marine Management Organisation | All members |
| Meat Promotion Wales | All members |
| Mental Health Review Tribunal for Wales | All members |
| National Employment Savings Trust Corporation | All Trustee Members |
| National Health Service Trust all or some of whose hospital establishments or other facilities are situated in Wales | Chair and Non-Executive Director |
| National Library of Wales | Board of Trustees appointed by the Welsh Ministers |
| National Museum Wales | Board of Trustees appointed by the Welsh Ministers |
| A National Park authority for a National Park in Wales | All members |
| Natural Resources Body for Wales | Chief Executive, Chair and members |
| Office of Communications | All members |
| Older People’s Commissioner for Wales | Commissioner and Deputy Commissioner |
| Parliamentary Commissioner for Administration | |
| Pensions Advisory Service | Directors |
| Pensions Ombudsman appointed under section 145 of the Pensions Schemes Act 1993 and any deputy to that Ombudsman appointed under section 145A of that Act | |
| Pension Protection Fund | All members, and the Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004( 10 ) and any deputy to that Ombudsman appointed under section 210 of that Act |
| Pensions Regulator | All members, and committee members established by the Pensions Regulator under section 9 of the Pensions Act 2004( 11 ) |
Person holding a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989( 12 ), in: (a) a local authority in Wales, within the meaning of that Part, (b) a National Park Authority for a National Park in Wales | |
| Police and Crime Commissioner as established by section 1 of the Police Reform and Social Responsibility Act 2011, and any Deputy appointed by the Commissioner under section 18 of that Act | |
| Professional Standards Authority for Health and Social Care | All members |
| Rent assessment committees for an area or areas every part of which is in Wales | All members of a panel established under Schedule 10 to the Rent Act 1977( 13 ) |
| Returning officer for a constituency or an electoral region of the National Assembly for Wales | |
| Royal Commission on the Ancient and Historical Monuments of Wales | Commissioners |
| Sianel Pedwar Cymru | All members |
| Special Educational Needs Tribunal for Wales | All members |
| Special Health Authority performing functions partly or wholly in respect of Wales | All members, not being also an employee |
| Sports Council for Wales known as Sport Wales | All members |
| Statistics Board established by the Statistics and Registration Service Act 2007( 14 ) | All members |
| Student Loans Company Limited | All members and Chief Executive |
| Technology Strategy Board known as Innovate UK | All members and Chief Executive |
| UK Commission for Employment and Skills | Chair and Chief Executive, or a Director or a Commissioner of that Commission appointed by the First Minister of Wales |
| Upper Tribunal | All members |
| Valuation Tribunal for Wales | All members |
| Wales Audit Office | All staff and auditors providing audit services to the Wales Audit Office or Auditor General for Wales |
| Welsh Food Advisory Committee | All members |
| Welsh Health Specialised Services Committee | Chair |
| Welsh Industrial Development Advisory Board | All members |
| Welsh Language Commissioner | Welsh Language Commissioner, Deputy Welsh Language Commissioner and members of the Advisory Panel to the Welsh Language Commissioner |
| Welsh Language Tribunal | All members |
2005 c. 18 . There have been amendments to Schedule 3 to this Act that are not relevant to this Order.
1998 c. 31 . There have been amendments to paragraph 10(2) of Schedule 26 to this Act by section 53 of and paragraphs 8, 16(1) and (2) of Part 2 of Schedule 7 to the Education Act 2005.
See paragraph 3 of Annex 2 to the Scheme in Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007 ( S.I. 2007/1072 (W. 110) ) and paragraph 3 of Schedule 5 to the Scheme in Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 2007 ( S.I. 2007/1073 (W. 111) ).
Section 3(1) of the Local Government and Housing Act 1989 (c. 42) . Relevant amendments were made to section 3 of the Act by the Local Government and Public Involvement in Health Act 2007 (c. 28) , sections 202(1)(a), (b), (c) and (d) and 241 and Part 15 of Schedule 18 to that Act; the Local Democracy, Economic Development and Construction Act 2009 (c. 20) , section 30(1) and (3)(c), section 146(1) and Part 1 of Schedule 7 to that Act. The person so appointed is referred to as the Independent Adjudicator to Local Authorities in Wales.
1993 c. 42 . There have been amendments to paragraph 27 of Schedule 7 to the Act not relevant to this Order.
2004 c. 35 . There have been amendments to section 210 of the Act not relevant to this Order.
2004 c. 35 . The Pensions Regulator is established by section 1 of the Act.
1977 c. 42 . There have been amendments to Schedule 10 to this Act which are not relevant to this Order.