Detailed Commentary on Sections in Part 6 Tribunal proceedings Schedule 11: Transitional Provisions Paragraph 43: Staff of the Assembly
851.This paragraph provides that from the beginning of the day after the appointment of a First Minister, staff of the old Assembly are to be deemed to have been appointed as members of staff of the Welsh Assembly Government. This is subject to a power of the Secretary of State, by order, to make a scheme for the transfer of staff to the Assembly, by transferring to the Assembly Commission the rights and liabilities of listed employees under their contracts of employment.
852.Any such transfer does not break the relevant employee’s employment and the transfer scheme must provide for the terms and conditions of the employee’s employment with the Commission to be no less favourable to the employee than they were immediately before the transfer.
853.If an employee listed in the scheme objects to becoming employed by the Assembly Commission, there will be no transfer of that employee but the employee’s contract will be terminated at the beginning of the day after a First Minister is appointed. However, the employee will not be treated for any purpose as having been dismissed.
854.Before making an order under this paragraph, the Secretary of State must consult the old Assembly and such an order can be annulled by a resolution of either House of Parliament.