Apprenticeships, Skills, Children and Learning Act 2009

Orders

235Effect of order ratifying SSSNB agreement

(1)This section applies if the Secretary of State makes an order ratifying an agreement submitted by the SSSNB.

(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 is prohibited by, or is otherwise inconsistent with, the agreement.

236Effect of order making provision otherwise than in terms of SSSNB agreement

(1)This section applies if the Secretary of State makes an order under section 233(2)(d) or 234(2)(b) or (4)(b).

(2)The order must either—

(a)require specified persons, in exercising specified functions, to have regard to the order, or

(b)provide that it is to have effect for determining the conditions of employment of persons to whom it applies.

(3)If the order makes provision within subsection (2)(b), subsections (4) to (6) apply.

(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 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.

237Orders: supplementary

(1)An order under this Chapter may make provision that has retrospective effect, subject to subsection (2).

(2)An order under this Chapter may not make provision the effect of which is to—

(a)reduce remuneration in respect of a period wholly or partly before the date on which the order is made, or

(b)alter a condition of a person’s employment to the person’s detriment in respect of such a period.

(3)An order under section 233(2)(d) or 234(2)(b) or (4)(b) may make provision by reference to the exercise of a power under—

(a)section 35 of the Education Act 2002 (c. 32) (staffing of community schools, etc.), or

(b)section 36 of that Act (staffing of foundation schools, etc.).

(4)An order under this Chapter may make provision by reference to—

(a)an agreement submitted to the Secretary of State by the SSSNB, or

(b)any other document.

(5)If an order under this Chapter does so, it must include provision about the publication of the agreement or other document.

(6)A reference in subsection (3) to an order under section 233(2)(d) or 234(2)(b) or (4)(b), and a reference in section 236(4) to (6) to such an order, or a provision of such an order, includes a reference to a provision of a document referred to by such an order.

(7)In Schedule 2 to the Education Act 2002 (c. 32) (effect on staffing of suspension of delegated budget), after paragraph 10 insert—

“11Paragraph 8 has effect subject to—

(a)any provision made by an order under section 231(2)(a) or 233(2)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;

(b)any provision made by an order under section 233(2)(d) or 234(2)(b) or (4)(b) of that Act, where the order provides that it is to have effect for determining the conditions of employment of persons to whom it applies.”