delete The National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007
The National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 grants Crown body status to the Assembly Commission under six Acts: Health and Safety at Work etc. Act 1974, Ancient Monuments and Archaeological Areas Act 1979, Town and Country Planning Act 1990, Planning (Listed Buildings and Conservation Areas) Act 1990, Welsh Language Act 1993, and Health Act 2006. It allows the Commission to be treated as a government department or Crown body for specific provisions, giving it Crown immunities and exemptions in areas including enforcement, compulsory acquisition, tree preservation in conservation areas, and planning permission.
This Order creates differential legal treatment that disadvantages private parties. Private entities undertaking similar activities face full regulatory compliance under these same Acts while the Assembly Commission gains Crown immunities and exemptions. This creates an unlevel playing field in planning, conservation, health and safety, and Welsh language obligations. The Commission could operate without Crown status—other public bodies do so—and private parties would be better off competing against an entity subject to the same regulatory framework as themselves. There is no inherent reason why governmental functions require Crown immunities to function effectively.