# The Adult Social Care Negotiating Body for England Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations create a new, independent body, the Adult Social Care Negotiating Body England (“ASCNB”) under the Employment Rights Act 2025 (c. 36) and set out the operational framework for that body.
Regulation 2 establishes the ASCNB as an unincorporated body.
Regulation 3 sets out the ASCNB’s remit, including the social care workers within scope of that remit (“covered social care workers”).
Regulation 4 sets out how the Secretary of State refers matters to the ASCNB, and the process for their consideration and for submitting any agreement on referred matters. Regulation 5 makes similar provision for the referring back to the ASCNB of an agreement in certain circumstances. Regulation 6 deals with cases where the ASCNB has been unable to reach agreement.
Regulation 7 makes provision for the publishing of a report about any agreement that is ratified by regulations made by the Secretary of State.
Regulations 8 and 9 confer powers for the Secretary of State to issue guidance and codes of practice in relation to any agreement reached by the ASCNB, or any regulations made by the Secretary of State under section 48 of the Employment Rights Act 2025. It also imposes obligations on employers of covered social care workers in relation to any issued guidance or code.
Regulation 10 provides that nothing done by the ASCNB is to be regarded as collective bargaining.
Regulation 11 amends the Public Records Act 1958 (c. 51 (6 & 7 Eliz 2)) to include a reference to the ASCNB.
Part 1 of the Schedule sets out the membership requirements and the process for appointment of the ASCNB’s members, including its Chair.
Part 2 of the Schedule makes provision about the terms of reference for the ASCNB, about the validity of the ASCNB’s proceedings notwithstanding a vacancy or defect in appointment, and about the resolution of disputes.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum and a de minimis assessment have been published alongside these Regulations on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348288599/note (the official version)
Page: https://openlegislation.uk/draft-adult-social-care-negotiating-body-for-england-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.