Apprenticeships, Skills, Children and Learning Act 2009

236 Effect 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.