The National Assembly for Wales Commission (Crown Status) Order 2007

• Citation: S.I. 2007/1118
• Sections: 8

Section 1 Citation and commencement

(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 .

Section 2 Employers' Liability (Compulsory Insurance) Act 1969

The Assembly Commission shall be treated as a Crown body for the purposes of the Employers' Liability (Compulsory Insurance) Act 1969 .

Section 3 Building Act 1984

(1) The Assembly Commission shall be treated as a Crown body for the purposes of the Building Act 1984 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).

Section 4 Value Added Tax Act 1994

(1) The Assembly Commission shall be treated as a Crown body for the purposes of the Value Added Tax Act 1994 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.

Section 5 Data Protection Act 2018

(1) The Assembly Commission is to be treated as a Crown body for the purposes of the Data Protection Act 2018 to the extent specified in this article.

(2) The Assembly Commission is to be treated as a government department for the purposes of the following provisions—

(a) section 8(d) (lawfulness of processing under the UK GDPR : public interest etc ),

(b) section 209 (application to the Crown),

(c) paragraph 6 of Schedule 1 (statutory etc and government purposes),

(d) paragraph 7 of Schedule 2 (exemptions from the UK GDPR : functions designed to protect the public etc ), and

(e) paragraph 8(1)(o) of Schedule 3 (exemptions from the UK GDPR : health data).

(3) In the provisions mentioned in paragraph (4)—

(a) references to employment by or under the Crown are to be treated as including employment as a member of staff of the Assembly Commission, and

(b) references to a person in the service of the Crown are to be treated as including a person so employed.

(4) The provisions are—

(a) section 24(3) (exemption for certain data relating to employment under the Crown), and

(b) section 209(6) (application of certain provisions to a person in the service of the Crown).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6 Licensing Act 2003

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) .

Section 7 Communications Act 2003

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) .

Section 8 Regulatory Reform (Fire Safety) Order 2005

(1) The Assembly Commission shall be treated as a Crown body for the purposes of the Regulatory Reform (Fire Safety) Order 2005 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.