Part 2 Reforms connected to delivery and regulation of care

Chapter 3 Further Ministerial functions

Advancing sectoral bargaining

36 Sectoral bargaining: guidance etc.
(1) The Scottish Ministers must, no later than 2 years after this section comes into force, prepare and publish guidance for contracting authorities on sectoral bargaining in social care procurement.
(2) Guidance under subsection (1) must include information—
(a) on the process of sectoral bargaining,
(b) on aims in relation to contract conditions,
(c) to be included in contract notices,
(d) to be included in bid documents,
(e) on the required criteria for an award to be made,
(f) on the management of contracts, and
(g) on steps to be taken by contracting authorities to ensure contracted providers comply with collective agreements.
(3) Contracting authorities must have regard to any guidance published under this section.
(4) The Scottish Ministers must take whatever other steps they consider necessary to support compliance with collective agreements.
(5) The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.
(6) In this section, “sectoral bargaining” means the application to all contracted or commissioned social care services of the required pay and other conditions of employment that have been negotiated and agreed by employers and trade unions through the relevant national body established by employers associations and trade unions and recognised by the Scottish Government for that purpose.

S. 36 not in force at Royal Assent, see s. 39(2)