Section 48 — Power of appropriate authority to deal with matters

(1) This section applies where—

(a) a Negotiating Body notifies the appropriate authority that it has been unable to reach an agreement on a matter referred to it, and

(b) any other specified conditions are met.

(2) The appropriate authority may by regulations make provision about the matter.

(3) Regulations under subsection (2) may provide that the regulations are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.

(4) If the regulations make provision within subsection (3), subsections (5) to (7) apply (but see subsection (8)).

(5) If the regulations relate to a social care worker’s remuneration, the social care worker’s remuneration is to be determined and paid in accordance with the regulations.

(6) A provision of the regulations that relates to any other term or condition of a social care worker’s employment has effect as a term of the social care worker’s contract.

(7) A term of that contract has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the regulations.

(8) Subsections (5) to (7)—

(a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker’s detriment;

(b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.