Part 2Fire and rescue services
Chapter 9Employment
Negotiation of conditions of service
49Statutory negotiation arrangements
1
The Scottish Ministers may by order make provision for the establishment of a body of persons (a “statutory negotiation body”), or two or more such bodies, for the purpose of negotiating the conditions of service of employees of relevant authorities.
2
An order under subsection (1) shall provide for the statutory negotiation body established by it to be composed of—
a
persons representing the interests of some or all relevant authorities;
b
persons representing the interests of some or all employees of relevant authorities; and
c
a person who does not fall within subsection (3), who shall chair the body.
3
A person falls within this subsection if the person is—
a
a member or employee of a relevant authority;
b
a member or employee of a body representing the interests of some or all employees of relevant authorities; or
c
an office-holder in, or a member of the staff of, the Scottish Administration.
4
The reference in subsection (2)(b) to persons representing the interests of some or all employees of relevant authorities includes trade unions (as defined in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) whose membership consists of or includes employees of relevant authorities.
5
A statutory negotiation body may make arrangements for the purpose of enabling conditions of service of employees of relevant authorities to be negotiated at local level (“local negotiation arrangements”).
6
Local negotiation arrangements may in particular include provision as to—
a
the—
i
persons; or
ii
descriptions of person,
by whom, or by means of whom, negotiations are authorised to be carried out at local level;
b
the conditions of service and descriptions of conditions of service authorised to be negotiated at local level.
7
Local negotiation arrangements may be made by a statutory negotiation body in respect of employees of a particular description only if the statutory negotiation body includes persons representing the interests of employees of that description.
8
Where there is a statutory negotiation body which includes persons representing the interests of employees of a particular description, an agreement as to the conditions of service of employees of that description which is made by or on behalf of a relevant authority and by or on behalf of employees of the description concerned is a legally enforceable contract only where the terms of the agreement were negotiated—
a
by means of the statutory negotiation body; or
b
in accordance with local negotiation arrangements made by the statutory negotiation body in respect of employees of that description.
50Guidance
1
A relevant negotiation body shall, in negotiating the conditions of service of employees of relevant authorities, have regard to any guidance given by the Scottish Ministers in connection with that matter.
2
In subsection (1) “relevant negotiation body” means—
a
a body established by virtue of section 49(1); or
b
any other body of persons which—
i
includes both persons representing the interests of some or all relevant authorities and persons representing the interests of some or all employees of relevant authorities; and
ii
is constituted in accordance with what appear to the Scottish Ministers to be appropriate arrangements for the negotiation of the conditions of service of employees of relevant authorities.
3
The reference in subsection (2)(b)(i) to persons representing the interests of some or all employees of relevant authorities includes trade unions (as defined in section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) whose membership consists of or includes employees of relevant authorities.