|
| |
| |
215 | Consideration of other matters by SSSNB |
| |
(1) | The SSSNB may consider a matter within its remit, even if the matter has not |
| |
been referred to it by the Secretary of State under section 214. |
| |
(2) | If the SSSNB reaches agreement about the matter, it may submit the agreement |
| |
to the Secretary of State. |
| 5 |
(3) | An agreement submitted to the Secretary of State by the SSSNB is to be treated |
| |
for the purposes of this Chapter as having been submitted under subsection (2) |
| |
only if, before submitting it, the SSSNB obtained the Secretary of State’s |
| |
consent to its submission. |
| |
Recommendation made by SSSNB |
| 10 |
216 | Submission of agreement under section 214 or 215: SSSNB recommendation |
| |
(1) | This section applies if the SSSNB submits an agreement to the Secretary of State |
| |
under section 214(5)(a) or 215(2). |
| |
(2) | On submitting the agreement, the SSSNB must recommend that the Secretary |
| |
| 15 |
(a) | make an order ratifying the agreement, or |
| |
(b) | make an order requiring persons specified in the recommendation to |
| |
have regard to the agreement in exercising functions specified in the |
| |
| |
(3) | For the purposes of this Chapter, an order ratifying an agreement is an order |
| 20 |
that provides for the agreement to have effect for determining the matters to |
| |
which the agreement relates. |
| |
Powers of Secretary of State on submission of SSSNB agreement |
| |
217 | Agreement submitted by SSSNB under section 214 or 215: ratification |
| |
| 25 |
(1) | This section applies if— |
| |
(a) | the SSSNB submits an agreement to the Secretary of State under section |
| |
| |
(b) | on submitting the agreement, the SSSNB makes a recommendation |
| |
within section 216(2)(a). |
| 30 |
(2) | The Secretary of State may— |
| |
(a) | make an order ratifying the agreement, or |
| |
(b) | if the Secretary of State thinks that it would be inappropriate to make |
| |
an order ratifying the agreement, refer the agreement back to the |
| |
SSSNB for reconsideration (see section 219). |
| 35 |
218 | Agreement submitted by SSSNB under section 214 or 215: ratification not |
| |
| |
(1) | This section applies if— |
| |
(a) | the SSSNB submits an agreement to the Secretary of State under section |
| |
| 40 |
| |
| |
|
| |
| |
(b) | on submitting the agreement, the SSSNB makes a recommendation |
| |
within section 216(2)(b) (“the recommendation”). |
| |
(2) | The Secretary of State may— |
| |
(a) | make an order requiring the persons specified in the recommendation |
| |
to have regard to the agreement in exercising the functions specified in |
| 5 |
| |
(b) | if the Secretary of State thinks that it would be inappropriate to make |
| |
an order within paragraph (a), refer the agreement back to the SSSNB |
| |
for reconsideration (see section 219). |
| |
| 10 |
219 | Reconsideration of agreement by SSSNB |
| |
(1) | This section applies if, under section 217(2)(b), section 218(2)(b) or section |
| |
220(2)(b), the Secretary of State refers an agreement back to the SSSNB for |
| |
| |
(2) | The Secretary of State may specify— |
| 15 |
(a) | factors to which the SSSNB must have regard in the reconsideration; |
| |
(b) | a date by which the SSSNB must comply with subsection (5). |
| |
(3) | The SSSNB must reconsider the agreement, having regard to any factors |
| |
specified under subsection (2)(a). |
| |
(4) | The SSSNB may also reconsider— |
| 20 |
(a) | in the case of an agreement referred back to it under section 217(2)(b) or |
| |
section 218(2)(b), the recommendation made by it under section 216(2) |
| |
in respect of the agreement; |
| |
(b) | in the case of an agreement referred back to it under section 220(2)(b), |
| |
the recommendation (if any) made by it under subsection (7) in respect |
| 25 |
| |
(5) | After completing its reconsideration, the SSSNB must— |
| |
(a) | if it has agreed revisions to the agreement, submit to the Secretary of |
| |
State a new version of the agreement incorporating the revisions; |
| |
(b) | if it has not agreed revisions to the agreement, submit the existing |
| 30 |
version of the agreement to the Secretary of State. |
| |
(6) | If the Secretary of State specifies a date under subsection (2)(b), the SSSNB |
| |
must comply with subsection (5) no later than that date. |
| |
(7) | On submitting an agreement under subsection (5), the SSSNB may recommend |
| |
that the Secretary of State either— |
| 35 |
(a) | make an order ratifying the agreement, or |
| |
(b) | make an order requiring persons specified in the recommendation to |
| |
have regard to the agreement in exercising functions specified in the |
| |
| |
(8) | The Secretary of State may, at any time before the SSSNB has complied with |
| 40 |
subsection (5) in relation to an agreement referred back to it for |
| |
| |
(a) | withdraw or vary the reference; |
| |
| |
| |
|
| |
| |
(b) | if factors have been specified under subsection (2)(a), withdraw or vary |
| |
those factors, or specify further factors under that paragraph; |
| |
(c) | if a date has been specified under subsection (2)(b), specify a later date |
| |
| |
220 | SSSNB’s submission of agreement following reconsideration: powers of |
| 5 |
| |
(1) | This section applies if the SSSNB submits an agreement about a matter to the |
| |
Secretary of State under section 219. |
| |
(2) | Subject to subsections (3) and (4), the Secretary of State may— |
| |
(a) | by order ratify the agreement; |
| 10 |
(b) | refer the agreement back to the SSSNB for reconsideration (see section |
| |
| |
(c) | by order require specified persons to have regard to the agreement in |
| |
exercising specified functions; |
| |
(d) | by order make provision, in relation to a matter to which the agreement |
| 15 |
relates, otherwise than in the terms of the agreement. |
| |
(3) | The Secretary of State may refer an agreement about a matter back to the |
| |
SSSNB for reconsideration only if it appears to the Secretary of State that the |
| |
condition in subsection (5) is met. |
| |
(4) | The Secretary of State may make an order under subsection (2)(d) in relation to |
| 20 |
a matter only if it appears to the Secretary of State that— |
| |
(a) | the condition in subsection (5) is met, and |
| |
(b) | there is an urgent need to make provision in relation to the matter. |
| |
(5) | The condition is that one or more of the following applies— |
| |
(a) | the agreement does not properly address the matter; |
| 25 |
(b) | it is not practicable to implement the agreement; |
| |
(c) | the SSSNB failed in reconsidering the agreement to have regard to |
| |
factors specified under section 219(2)(a). |
| |
(6) | In this section, “specified”, in relation to an order, means specified in the order. |
| |
Powers of Secretary of State in absence of SSSNB agreement |
| 30 |
221 | Powers of Secretary of State in absence of SSSNB agreement |
| |
(1) | Subsection (2) applies if— |
| |
(a) | the SSSNB notifies the Secretary of State under section 214(5)(b) that it |
| |
has been unable to reach agreement on a matter referred to it, or |
| |
(b) | the SSSNB fails to comply with section 214(5) in relation to a matter by |
| 35 |
any date specified under section 214(3)(b). |
| |
(2) | The Secretary of State may— |
| |
(a) | if a date has been specified under section 214(3)(b) in relation to the |
| |
matter, specify a later date under that paragraph, or |
| |
(b) | if it appears to the Secretary of State that there is an urgent need to do |
| 40 |
so, by order make provision in relation to the matter. |
| |
| |
| |
|
| |
| |
(3) | Subsection (4) applies if the SSSNB fails to comply with section 219(5) in |
| |
relation to an agreement by any date specified under section 219(2)(b). |
| |
(4) | The Secretary of State may— |
| |
(a) | if a date has been specified under section 219(2)(b) in relation to the |
| |
SSSNB’s reconsideration of the agreement, specify a later date under |
| 5 |
| |
(b) | if it appears to the Secretary of State that there is an urgent need to do |
| |
so, by order make provision in relation to a matter to which the |
| |
| |
(5) | Before making an order under subsection (2)(b) or (4)(b), the Secretary of State |
| 10 |
| |
| |
222 | Effect of order ratifying SSSNB agreement |
| |
(1) | This section applies if the Secretary of State makes an order ratifying an |
| |
agreement submitted by the SSSNB. |
| 15 |
(2) | If the agreement relates to a person’s remuneration, the person’s remuneration |
| |
is to be determined and paid in accordance with it. |
| |
(3) | A provision of the agreement that relates to any other condition of a person’s |
| |
employment has effect as a term of the person’s contract of employment. |
| |
(4) | A term of that contract has no effect to the extent that it makes provision that |
| 20 |
is prohibited by, or is otherwise inconsistent with, the agreement. |
| |
223 | Effect of order making provision otherwise than in terms of SSSNB |
| |
| |
(1) | This section applies if the Secretary of State makes an order under section |
| |
220(2)(d), or 221(2)(b) or (4)(b). |
| 25 |
(2) | The order must either— |
| |
(a) | require specified persons, in exercising specified functions, to have |
| |
| |
(b) | provide that it is to have effect for determining the conditions of |
| |
employment of persons to whom it applies. |
| 30 |
(3) | If the order makes provision within subsection (2)(b), subsections (4) to (6) |
| |
| |
(4) | If the order relates to a person’s remuneration, the person’s remuneration is to |
| |
be determined and paid in accordance with it. |
| |
(5) | A provision of the order that relates to any other condition of a person’s |
| 35 |
employment has effect as a term of the person’s contract of employment. |
| |
(6) | 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 order. |
| |
(7) | In subsection (2)(a), “specified” means specified in the order. |
| |
| |
| |
|
