(1)  If there is a failure of negotiations (including negotiations concerning the variation of an agreement), any person who is or would be a party to the negotiations may ask the regulator to appoint an inspector for the purposes of this section.

(2)  An inspector appointed under subsection (1) may decide –

(a) the matters referred to in section 52(3) , or any of those matters which is the subject of the proposed variation (as the case requires); or

(b) that work groups should not be determined or that the agreement should not be varied (as the case requires).

(3)  For the purposes of this section, there is a failure of negotiations if –

(a) the person conducting the business or undertaking has not taken all reasonable steps to commence negotiations with the workers and negotiations have not commenced within 14 days after –

(i) a request is made under section 50 ; or

(ii) a party to the agreement requests the variation of the agreement; or

(b) agreement cannot be reached on a matter relating to the determination of a work group (or the variation of an agreement concerning a work group) within a reasonable time after negotiations commence.

(4)  A decision under this section is taken to be an agreement under section 52 .