OpenLegislation

Section 49 Guidance and codes of practiceI1I2

England, Wales and Scotland

(1)

The appropriate authority may by regulations make provision about the issuing of guidance or codes of practice by the authority in relation to—

(a)

agreements submitted by a Negotiating Body in accordance with regulations under section 43 or 44;

(b)

regulations made by the authority under section 48.

(2)

Regulations under this section may, among other things—

(a)

impose duties on specified persons, or persons of a specified description, in relation to any provision of guidance or a code of practice;

(b)

make provision about the consequences of a failure to comply with any duty imposed by virtue of paragraph (a).

(3)

The provision that may be made by virtue of subsection (2)(b) includes, among other things, provision for the failure to be taken into account in any proceedings before a court or tribunal, including (among other things) for the purpose of determining the amount of any financial award.

(4)

Regulations under this section that by virtue of subsection (2)(b) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.

(5)

In this section—

  • “the appropriate legislature” means—

    1. (a)

      in the case of regulations of the Secretary of State, Parliament;

    2. (b)

      in the case of regulations of the Welsh Ministers, Senedd Cymru;

    3. (c)

      in the case of regulations of the Scottish Ministers, the Scottish Parliament;

  • “specified” means specified in the regulations.

Annotations

Commencement

I1

S. 49 not in force at Royal Assent, see s. 159(3)

I2

S. 49 in force at 6.4.2026 by S.I. 2026/323, reg. 3(1)(19)