This Section gives the appropriate authority the power to make regulations relating to a social care worker’s remuneration, terms or conditions, or any other matters in the event that the negotiating body has been unable to reach an agreement regarding such matters, unless such changes if given effect would alter an existing term or condition of the contract to the social care worker’s detriment or would prevent the social care worker’s contract from including terms and conditions that are more favourable than those set out in the agreement .
	Subsection (1) states this section applies where:
a Negotiating Body has been unable to reach an agreement on a matter; and,
any other conditions specified in regulations are met.
	Subsection (2) sets out that the appropriate authority may by regulations make provision about the matter.
	Subsection (3) outlines that provisions created under subsection (2) are to have effect for determining the terms and conditions of employment of social care workers to whom the regulations apply.
	Subsection (4) outlines that if provision is made within subsection (3), then subsections (5) to (7) will apply (but see subsection (8)).
	Subsection (5) sets out that if the regulations relate to a social care worker’s remuneration, that remuneration is to be determined and paid in accordance with the regulations.
	Subsection (6) sets out that if the regulations relate to any other term or condition of a social care worker’s employment, then it has effect as a term of the worker’s contract.
	Subsection (7) sets out that a term of a social care worker’s contract has no effect to the extent it makes provision that is prohibited by or otherwise inconsistent with the regulations.
	Subsection (8) provides that regulations made by the Secretary of State under section 45 cannot alter an existing term or condition of a social care worker’s contract to their detriment or prevent them being employed on a term or condition that is more favourable than a corresponding term that would otherwise be imposed in their contract of employment by these regulations and disapplies subsections (5) to (7) for these purposes.
Part 3: Pay and Conditions in Particular Sectors Power of appropriate authority to deal with matters Section 48: Power of appropriate authority to deal with matters