This Section outlines the power of the Secretary of State to create provisions regarding the keeping of records.
	Subsection (1) gives the Secretary of State the power to make regulations requiring employers to:
keep records of a specified description and in a specified form and manner; and,
preserve those records for a specified period.
	Subsection (2) sets out that the power to make regulations under this Section may be used to apply the following provisions of the National Minimum Wage Act 1998 (with or without modifications) in relation to the records:
Section 10 (worker’s right of access to records);
Section 11 (failure of employer to allow access to records);
Section 11A (extension of time limit to facilitate conciliation before institution of proceedings).
	These sections will allow regulations to confer a right on a social care worker to present a complaint to the employment tribunal on the ground that the employer failed to produce relevant records or failed to allow access to them.
	Subsection (3) provides that regulations may provide for section 49 (restrictions on contracting out) of the National Minimum Wage Act 1998 to apply in relation to the application of the provisions listed under subsection (2) by regulations.
	Subsection (3) defines "specified" as meaning specified in the regulations.
Part 3: Pay and Conditions in Particular Sectors Enforcement Section 50: Duty of employers to keep records