Section 40 — Membership, procedure, etc of Negotiating Body

(1) Where the appropriate authority provides for there to be a Negotiating Body under section 39, the authority may by regulations make further provision about the Negotiating Body.

(2) The provision that may be made by regulations under this section includes, among other things—

(a) provision about membership of the Negotiating Body, including (among other things)—

(i) provision about the appointment of members;

(ii) provision about the number of members, or the number of members of a specified description, which the Negotiating Body is to have (see also subsection (3));

(iii) provision about the termination of appointments;

(b) provision for the appointment of a person to chair the Negotiating Body, including (among other things) provision for that person to be, or not to be, a person of a specified description;

(c) provision about how the Negotiating Body makes its decisions;

(d) provision for the Negotiating Body to keep records of a specified description;

(e) provision for the payment of fees or expenses by the appropriate authority to members of the Negotiating Body;

(f) provision for staff or facilities to be provided to the Negotiating Body by the appropriate authority;

(g) provision about reports, including (among other things) provision requiring the Negotiating Body to publish reports at specified times or about specified matters.

(3) Regulations under this section—

(a) must provide that the persons appointed as members of the Negotiating Body include—

(i) officials of one or more trade unions that represent the interests of social care workers;

(ii) persons representing the interests of employers of social care workers;

(b) may provide for other descriptions of person to be appointed as members of the Negotiating Body.

(4) Regulations under this section may provide that the validity of anything done by the Negotiating Body is not affected by a vacancy or a defective appointment.

(5) Regulations under this section may amend any enactment in consequence of the establishment of the Negotiating Body.

(6) In this section “specified” means specified in the regulations.