Access and Monitoring. 15.1 THE EFA shall give THE NMSS reasonable advance notice in writing of proposed visits to THE NMSS or its SUB-CONTRACTORs, to observe the delivery of the Activities, by any person who has taken or will take no direct part in the conduct or content of the Activities. 15.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATE, the Department for Business Innovation and Skills, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates shall have the right to visit all or any site from which the Activities are provided and view operations relating to the Activities and to inspect relevant documents and interview pupil and students and THE NMSS’s staff during these visits. 15.3 THE NMSS shall ensure that it, its SUB-CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to: a. examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS and its SUB- CONTRACTORs that relate to the Funding Agreement; b. visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises where those operations are carried out (including those of SUB-CONTRACTORs) and conduct relevant interviews, including interviews with pupil and students, during these visits at any reasonable time; and/or c. carry out examinations into the economy, efficiency and effectiveness with which THE NMSS has used THE SECRETARY OF STATE’s resources in the performance of the Funding Agreement. 15.4 Where reasonably required, THE NMSS and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2. 15.5 THE NMSS shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations. 15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS at its own cost to: a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement; b. obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS in respect of payments claimed or received under the Funding Agreement; c. provide a copy of THE NMSS’s latest audited Accounts; d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA; e. provide any additional evidence to support payments made under this Funding Agreement, as THE EFA shall reasonably require. 15.7 THE EFA shall be responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSS. 15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 4 contracts
Samples: Conditions of Funding Agreement, Funding Agreement, Conditions of Funding Agreement
Access and Monitoring. 15.1 THE EFA shall give THE NMSS COLLEGE or College Related Parties reasonable advance notice in writing of proposed visits to THE NMSS COLLEGE or its SUB-CONTRACTORsCollege Related Parties, to observe the delivery of the ActivitiesServices, by any person person, representing THE EFA or acting on behalf of the Secretary of State, who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATESecretary of State, the Department for Business Innovation and Skills, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of AuditorsAuditors (where applicable), the Audit Commission Commission, its appointed representatives and/or the Inspectorates shall have the right to visit all or any site from which the Activities Services are provided and view operations relating to the Activities Services and to inspect relevant documents and interview pupil and students Students and THE NMSSCOLLEGE’s staff during these visits.
15.3 THE NMSS COLLEGE shall ensure that it, its SUB-CONTRACTORs or agentsCollege Related Parties, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at part two clause 15.2 in order to:
a. 15.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS COLLEGE and its SUB- CONTRACTORs College Related Parties that relate to the this Funding Agreement;
b. 15.3.2 visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises sites where those operations are carried out (including those of SUB-CONTRACTORsCollege Related Parties) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. 15.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS COLLEGE has used THE SECRETARY OF STATEthe Secretary of State’s resources in the performance of the this Funding Agreement.
15.4 Where reasonably required, THE NMSS and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS in respect of payments claimed or received under the Funding Agreement;
c. provide a copy of THE NMSS’s latest audited Accounts;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;
e. provide any additional evidence to support payments made under this Funding Agreement, as THE EFA shall reasonably require.
15.7 THE EFA shall be responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSS.
15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 3 contracts
Samples: Conditions of Funding Agreement, Conditions of Funding Agreement, Conditions of Funding Agreement
Access and Monitoring. 15.1 THE The EFA shall give THE NMSS the SFC or SFC Related Parties reasonable advance notice in writing of proposed visits to THE NMSS the SFC or its SUB-CONTRACTORsSFC Related Parties, to observe the delivery of the ActivitiesServices, by any person person, representing the EFA or acting on behalf of the Secretary of State, who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 For audit, monitoring and evaluation purposes, THE the EFA, any person acting on behalf of the SECRETARY OF STATESecretary of State, the Department for Business Innovation and Skills, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of AuditorsAuditors (where applicable), the Audit Commission Commission, its appointed representatives and/or the Inspectorates shall have the right to visit all or any site from which the Activities Services are provided and view operations relating to the Activities Services and to inspect relevant documents and interview pupil Students and students and THE NMSSthe SFC’s staff during these visits.
15.3 THE NMSS The SFC shall ensure that it, its SUB-CONTRACTORs or agentsSFC Related Parties, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at part two clause 15.2 in order to:
a. 15.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the SFC and its SUB- CONTRACTORs SFC Related Parties that relate to the this Funding Agreement;
b. 15.3.2 visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises sites where those operations are carried out (including those of SUB-CONTRACTORsSFC Related Parties) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. 15.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the SFC has used THE SECRETARY OF STATEthe Secretary of State’s resources in the performance of the this Funding Agreement.
15.4 Where reasonably required, THE NMSS and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS in respect of payments claimed or received under the Funding Agreement;
c. provide a copy of THE NMSS’s latest audited Accounts;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;
e. provide any additional evidence to support payments made under this Funding Agreement, as THE EFA shall reasonably require.
15.7 THE EFA shall be responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSS.
15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 2 contracts
Access and Monitoring. 15.1 THE EFA shall give THE NMSS SPI reasonable advance notice in writing of proposed visits to THE NMSS SPI or its SUB-CONTRACTORs, to observe the delivery of the Activities, by any person who has taken or will take no direct part in the conduct or content of the Activities.
15.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATE, the Department for Business Innovation and Skills, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates shall have the right to visit all or any site from which the Activities are provided and view operations relating to the Activities and to inspect relevant documents and interview pupil and students Students and THE NMSSSPI’s staff during these visits.
15.3 THE NMSS SPI shall ensure that it, its SUB-CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to:
a. examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS SPI and its SUB- SUB-CONTRACTORs that relate to the Funding Agreement;
b. visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises where those operations are carried out (including those of SUB-CONTRACTORs) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. carry out examinations into the economy, efficiency and effectiveness with which THE NMSS SPI has used THE SECRETARY OF STATE’s resources in the performance of the Funding Agreement.
15.4 Where reasonably required, THE NMSS SPI and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS SPI shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS SPI at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS SPI in respect of payments claimed or received under the Funding Agreement;
c. provide a copy of THE NMSSSPI’s latest audited Accounts;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;
e. provide any additional evidence to support payments made under this Funding Agreement, as THE EFA shall reasonably require.
15.7 THE EFA shall be is responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students High Need Students that they may hold with THE NMSSSPI.
15.8 THE NMSS SPI shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Access and Monitoring. 15.1 THE EFA The ESFA shall give THE NMSS the Body reasonable advance notice in writing of proposed visits to THE NMSS the Body or its SUB-CONTRACTORsthe Body Related Parties, to observe the delivery of the Activitiesprovision, by any person who has taken or will must take no direct part in the conduct delivery or content of the Activitiesprovision.
15.2 For audit, monitoring and evaluation purposes, THE EFAthe ESFA, any person acting on behalf the Secretary of State and their agents, the SECRETARY OF STATEDepartment, the Department for Business Innovation Work and SkillsPensions (or their Successors), the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates and HM Treasury shall have the right to visit all or any site from which the Activities are provided site(s) and view operations relating to the Activities provision and to inspect relevant documents and interview pupil apprentices and students and THE NMSSthe Body’s staff during these visits.
15.3 THE NMSS The Body shall, and shall ensure that it, its SUB-CONTRACTORs or agents, the Body Related Parties shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to:
a. 15.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the Body and its SUB- CONTRACTORs the Body Related Parties that relate to the Funding Agreement;
b. 15.3.2 visit, view or assess the design, management and delivery relating to of the Funding Agreement Provision at any Premises premises where those operations are carried out (including those of SUBsub-CONTRACTORscontractors) and conduct relevant interviews, including interviews with pupil and studentsapprentices, during these visits at any reasonable time; and/or;
c. 15.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the Body has used THE SECRETARY OF STATEthe ESFA’s resources in the performance delivery of the Funding AgreementProvision.
15.4 Where reasonably required, THE NMSS the Body and its SUB-CONTRACTORs the Body Related Parties shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS The Body shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS in respect of payments claimed or received under the Funding Agreement;
c. provide a copy of THE NMSS’s latest audited Accounts;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;
e. provide any additional evidence to support payments made under this Funding Agreement, as THE EFA shall reasonably require.
15.7 THE EFA shall be responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSS.
15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.clause
Appears in 1 contract
Samples: Hei Conditions of Funding (Grant)
Access and Monitoring. 15.1 THE EFA The ESFA shall give THE NMSS the HEI or HEI Related Parties reasonable advance notice in writing of proposed visits to THE NMSS the HEI or its SUB-CONTRACTORsthe HEI Related Parties, to observe the delivery of the ActivitiesServices, by any person person, representing the ESFA or acting on behalf of the Secretary of State, who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 For audit, monitoring and evaluation purposes, THE EFAthe ESFA, any person acting on behalf of the SECRETARY OF STATESecretary of State, the Department for Business Innovation and SkillsDepartment, the Skills Funding Agency, Department for Work and Pensions, the National Audit Office, Representatives of the European Commission and the European Court of AuditorsAuditors (where applicable), the Audit Commission its appointed representatives and/or the Inspectorates shall have the right to visit all or any site from which the Activities Services are provided and view operations relating to the Activities Services and to inspect relevant documents and interview pupil Students and students and THE NMSSthe HEI’s staff during these visits.
15.3 THE NMSS The HEI shall ensure that it, its SUB-CONTRACTORs or agentsHEI Related Parties, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at part two clause 15.2 in order to:
a. 15.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the HEI and its SUB- CONTRACTORs HEI Related Parties that relate to the this Funding Agreement;
b. 15.3.2 visit, view or assess the design, management and delivery relating to the this Funding Agreement at any Premises sites where those operations are carried out (including those of SUB-CONTRACTORsthe HEI Related Parties) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. 15.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the HEI has used THE SECRETARY OF STATEthe Secretary of State’s resources in the performance of the this Funding Agreement.
15.4 Where reasonably required, THE NMSS the HEI and its SUB-CONTRACTORs HEI Related Parties shall provide copies of any relevant documents required by any of the representatives listed at part two clause 15.2.
15.5 THE NMSS The HEI shall, if required by any of the representatives stated at part two clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the HEI at its own cost to:
a. 15.6.1 provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform in accordance with the Funding AgreementESFA Conditions of Funding;
b. 15.6.2 obtain a report by an independent accountant of THE EFAthe ESFA’s choice on the financial systems and controls operated by THE NMSS the HEI in respect of payments claimed or received under the this Funding Agreement;
c. 15.6.3 provide a copy of THE NMSSthe HEI’s latest audited Accounts;
d. 15.6.4 submit any claim for payment payment, or management information provided to support a claim for payment payment, to be audited by an independent auditor chosen by THE EFAthe ESFA;
e. 15.6.5 provide any additional evidence to support payments made under this Funding Agreement, as THE EFA the ESFA shall reasonably require.
15.7 THE EFA shall be responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSS.
15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 1 contract
Samples: Conditions of Funding Agreement
Access and Monitoring. 15.1 THE EFA The ESFA shall give THE NMSS the SPI reasonable advance notice in writing of proposed visits to THE NMSS the SPI or its SUB-CONTRACTORs, to observe the delivery of the Activities, by any person who has taken or will take no direct part in the conduct or content of the Activities.
15.2 For audit, monitoring and evaluation purposes, THE EFAthe ESFA, any person acting on behalf of the SECRETARY OF STATE, the Department for Business Innovation and SkillsDepartment, the Skills Funding Agency, Department for Work and Pensions, the National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates shall have the right to visit all or any site from which the Activities are provided and view operations relating to the Activities and to inspect relevant documents and interview pupil Students and students and THE NMSSthe SPI’s staff during these visits.
15.3 THE NMSS The SPI shall ensure that it, its SUB-CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to:
a. examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the SPI and its SUB- SUB-CONTRACTORs that relate to the Funding Agreement;
b. visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises where those operations are carried out (including those of SUB-CONTRACTORs) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the SPI has used THE SECRETARY OF STATE’s resources in the performance of the Funding Agreement.
15.4 Where reasonably required, THE NMSS the SPI and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS The SPI shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the SPI at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. obtain a report by an independent accountant of THE EFAthe ESFA’s choice on the financial systems and controls operated by THE NMSS the SPI in respect of payments claimed or received under the Funding Agreement;
c. provide a copy of THE NMSSthe SPI’s latest Accounts audited Accountsprior to submission;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFAthe ESFA;
e. provide any additional evidence to support payments made under this Funding Agreement, as THE EFA the ESFA shall reasonably require.
15.7 THE EFA shall be The ESFA is responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFAthe ESFA’s assurance over use of THE EFA the ESFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students High Need Students that they may hold with THE NMSSthe SPI.
15.8 THE NMSS The SPI shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA the ESFA in force from time to time.
Appears in 1 contract
Samples: Funding Agreement
Access and Monitoring. 15.1 THE EFA The ESFA shall give THE NMSS the HEI or HEI Related Parties reasonable advance notice in writing of proposed visits to THE NMSS the HEI or its SUB-CONTRACTORsthe HEI Related Parties, to observe the delivery of the ActivitiesServices, by any person person, representing the ESFA or acting on behalf of the Secretary of State, who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 For audit, monitoring and evaluation purposes, THE EFAthe ESFA, any person acting on behalf of the SECRETARY OF STATESecretary of State, the Department for Business Innovation and SkillsDepartment, the Skills Funding Agency, Department for Work and Pensions, the National Audit Office, Representatives of the European Commission and the European Court of AuditorsAuditors (where applicable), the Audit Commission its appointed representatives and/or the Inspectorates shall have the right to visit all or any site from which the Activities Services are provided and view operations relating to the Activities Services and to inspect relevant documents and interview pupil Students and students and THE NMSSthe HEI’s staff during these visits.
15.3 THE NMSS The HEI shall ensure that it, its SUB-CONTRACTORs or agentsHEI Related Parties, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at part two clause 15.2 in order to:
a. 15.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the HEI and its SUB- CONTRACTORs HEI Related Parties that relate to the this Funding Agreement;
b. 15.3.2 visit, view or assess the design, management and delivery relating to the this Funding Agreement at any Premises sites where those operations are carried out (including those of SUB-CONTRACTORsthe HEI Related Parties) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. 15.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the HEI has used THE SECRETARY OF STATEthe Secretary of State’s resources in the performance of the this Funding Agreement.
15.4 Where reasonably required, THE NMSS the HEI and its SUB-CONTRACTORs HEI Related Parties shall provide copies of any relevant documents required by any of the representatives listed at part two clause 15.2.
15.5 THE NMSS The HEI shall, if required by any of the representatives stated at part two clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the HEI at its own cost to:
a. 15.6.1 provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform in accordance with the Funding AgreementESFA Conditions of Funding;
b. 15.6.2 obtain a report by an independent accountant of THE EFAthe ESFA’s choice on the financial systems and controls operated by THE NMSS the HEI in respect of payments claimed or received under the this Funding Agreement;
c. . The HEI must agree the instructions for the work with the ESFA and this may include the ESFA discussing the terms of reference directly with the independent accountant where necessary. The report and the work required in order to produce the report shall be carried out to the satisfaction of the ESFA, and the ESFA must be able to place reliance on it. The HEI shall provide a copy of THE NMSSany draft report at all stages of reporting and the final report to the ESFA as soon as they are available. The ESFA reserves the right to require the HEI to publish the final report;
15.6.3 provide a copy of the HEI’s latest audited Accounts;
d. 15.6.4 submit any claim for payment payment, or management information provided to support a claim for payment payment, to be audited by an independent auditor chosen by THE EFAthe ESFA;
e. 15.6.5 provide any additional evidence to support payments made under this Funding Agreement, as THE EFA the ESFA shall reasonably require.
15.7 THE EFA shall be responsible for ensuring Where the ESFA has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the HEI, it may, as a consequence of that it secures proportionate assurance about investigation or report, impose additional conditions of funding upon the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSSHEI.
15.8 THE NMSS shall in providing The HEI must comply with any additional conditions of funding imposed under clause 15.7.
15.9 If the Activities ESFA assesses that the HEI has failed to comply fully with all relevant rules and regulations any additional conditions of THE EFA in force from funding imposed under clause 15.7 within such time to timeas the ESFA deems reasonable, the ESFA may take such actions as it deems appropriate which may include, but is not limited to, under Clause 17.3-17.4 Minor Breach or Clause 17.5-17.6 Serious Breach.
Appears in 1 contract
Samples: Condition of Funding Agreement
Access and Monitoring. 15.1 THE EFA shall give THE NMSS CONTRACTOR reasonable advance notice in writing of proposed visits to THE NMSS CONTRACTOR or its SUBsub-THE CONTRACTORs, to observe the delivery of the ActivitiesServices, by any person who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATE, the Department for Business Innovation and Skills, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates shall have the right to visit all or any site from which the Activities Services are provided and view operations relating to the Activities Services and to inspect relevant documents and interview pupil and students Students and THE NMSSCONTRACTOR’s staff during these visits.
15.3 THE NMSS CONTRACTOR shall ensure that it, its SUBsub-THE CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to:
a. examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS CONTRACTOR and its SUB- sub-THE CONTRACTORs that relate to the Funding AgreementContract;
b. visit, view or assess the design, management and delivery relating to the Funding Agreement Contract at any Premises where those operations are carried out (including those of SUBsub-THE CONTRACTORs) and conduct relevant interviews, including interviews with pupil and pupils/students, during these visits at any reasonable time; and/or
c. carry out examinations into the economy, efficiency and effectiveness with which THE NMSS CONTRACTOR has used THE SECRETARY OF STATE’s resources in the performance of the Funding AgreementContract.
15.4 Where reasonably required, THE NMSS CONTRACTOR and its SUBsub-THE CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS CONTRACTOR shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS CONTRACTOR at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding AgreementContract;
b. obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS CONTRACTOR in respect of payments claimed or received under the Funding AgreementContract;
c. provide a copy of THE NMSSCONTRACTOR’s latest audited Accounts;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;
e. provide any additional evidence to support payments made under this Funding AgreementContract, as THE EFA shall reasonably require.
15.7 THE EFA shall be is responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students High Need Students that they may hold with THE NMSSCONTRACTOR.
15.8 THE NMSS CONTRACTOR shall in providing performing the Activities Services comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 1 contract
Samples: Contract for Services
Access and Monitoring. 15.1 THE EFA The ESFA shall give THE NMSS the SPI reasonable advance notice in writing of proposed visits to THE NMSS the SPI or its SUB-CONTRACTORsSUBCONTRACTORs, to observe the delivery of the Activities, by any person who has taken or will take no direct part in the conduct or content of the Activities.
15.2 For audit, monitoring and evaluation purposes, THE EFAthe ESFA, any person acting on behalf of the SECRETARY OF STATE, the Department for Business Innovation and SkillsDepartment, the Skills Funding Agency, Department for Work and Pensions, the National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates shall have the right to visit all or any site from which the Activities are provided and view operations relating to the Activities and to inspect relevant documents and interview pupil Students and students and THE NMSSthe SPI’s staff during these visits.
15.3 THE NMSS The SPI shall ensure that it, its SUB-CONTRACTORs SUBCONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to:
a. examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the SPI and its SUB- CONTRACTORs SUBCONTRACTORs that relate to the Funding Agreement;
b. visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises where those operations are carried out (including those of SUB-CONTRACTORsSUBCONTRACTORs) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the SPI has used THE SECRETARY OF STATE’s resources in the performance of the Funding Agreement.
15.4 Where reasonably required, THE NMSS the SPI and its SUB-CONTRACTORs SUBCONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS The SPI shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the SPI at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. obtain a report by an independent accountant of THE EFAthe ESFA’s choice on the financial systems and controls operated by THE NMSS the SPI in respect of payments claimed or received under the Funding Agreement. The SPI must agree the instructions for the work with the ESFA and this may include the ESFA discussing the terms of reference directly with the independent accountant where necessary. The report and the work required in order to produce the report shall be carried out to the satisfaction of the ESFA, and the ESFA must be able to place reliance on it. The SPI shall provide a copy of any draft report at all stages of reporting and the final report to the ESFA as soon as they are available. The ESFA reserves the right to require the SPI to publish the final report;
c. provide a copy of THE NMSSthe SPI’s latest Accounts audited Accountsprior to submission;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFAthe ESFA;
e. provide any additional evidence to support payments made under this Funding Agreement, as THE EFA the ESFA shall reasonably require.
15.7 Where THE EFA ESFA has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the SPI, it may, as a consequence of that investigation or report, require the SPI to, and the SPI shall, accept and comply with additional conditions of funding.
15.8 Where the SPI fails to comply with the conditions of funding imposed under clause 15.7, the ESFA shall be consider termination under clause 20.
15.9 The ESFA is responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFAthe ESFA’s assurance over use of THE EFA the ESFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students High Need Students that they may hold with THE NMSSthe SPI.
15.8 THE NMSS 15.10 The SPI shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA the ESFA in force from time to time.
Appears in 1 contract
Samples: Funding Agreement
Access and Monitoring. 15.1 THE EFA 20.1 The ESFA shall give THE NMSS the College or College Related Parties reasonable advance notice in writing of proposed visits to THE NMSS the College or its SUB-CONTRACTORsCollege Related Parties, to observe the delivery of the ActivitiesProvision, by any person who has taken or will take no direct part in the conduct or content of the ActivitiesProvision.
15.2 20.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATEESFA, the Department for Business Innovation Secretary of State and Skillstheir agents, the Skills Funding AgencyDepartment, the Department for Work and Pensions, the Ministry of Justice, the National Audit Office, Representatives representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or ,the Inspectorates and HM Treasury shall have the right to visit all or any site from which the Activities are provided College site(s), or those of its sub-contractors and view operations relating to the Activities Provision and to inspect relevant documents and interview pupil Learners and students and THE NMSS’s staff during these visits.
15.3 THE NMSS shall 20.3 The College shall, and ensure that it, its SUB-CONTRACTORs or agents, the College Related Parties shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 20.2 in order to:
a. 20.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the College and its SUB- CONTRACTORs the College Related Parties that relate to the this Funding Agreement;
b. 20.3.2 visit, view or assess the design, management and delivery relating to the Funding Agreement Provision at any Premises premises where those operations are carried out (including those of SUB-CONTRACTORsthe College Related Parties) and conduct relevant interviews, including interviews with pupil and studentsLearners, during these visits at any reasonable time; and/or;
c. 20.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the College has used THE SECRETARY OF STATEthe ESFA’s resources Funding in the performance delivery of the Funding AgreementProvision.
15.4 20.4 Where reasonably required, THE NMSS the College and its SUB-CONTRACTORs the College Related Parties shall provide copies of any relevant documents required by any of the representatives listed at clause 15.220.2.
15.5 THE NMSS 20.5 The College shall, if required by any of the representatives stated at clause 15.2 20.2 provide appropriate oral or written explanations.
15.6 THE EFA 20.6 The College must notify the ESFA in writing, within 1 working day, if, at any time, there is a risk to its solvency and viability or any transactions could jeopardise its solvency or financial viability. The ESFA may require the College, within such time as the ESFA deems reasonable, to:
20.6.1 provide information to demonstrate to the ESFA’s satisfaction the College’s ability to continue to meet the needs of Students and to discharge its responsibilities in relation to its solvency and safeguarding of assets, and
20.6.2 provide evidence of financial resources sufficient to enable it to continue to deliver the Provision, and
20.6.3 put in place a plan, through financial intervention processes, that will secure a recovery to a specified satisfactory financial position, in the view of the ESFA, and
20.6.4 carry out actions, as considered appropriate by the ESFA, including, but not limited to, a strategic options review and/or a financial recovery plan.
20.7 Failure to comply with any of the requirements under clause 20.6 within such time as the ESFA deems reasonable, may result in the ESFA taking such actions as it deems appropriate, which may include, but is not limited to, action under Clause 24.3-24.4 Minor Breach or Clause 24.5-24.6 Serious Breach.
20.8 Where, in the ESFA’s view, information obtained in respect of the College, either as a result of an assessment undertaken by the ESFA in line with the approach set out in the Financial Planning Handbook or otherwise, indicates that there is, or in the foreseeable future there is likely to be, a risk to the solvency or financial viability of the College, the ESFA may take such action as it deems appropriate, which may include, but is not limited to, requiring the College to comply with additional conditions of funding.
20.9 The College must comply with any action taken or any additional conditions of funding imposed under clause 20.8.
20.10 If the ESFA assesses that the College has failed to comply with any action taken or additional conditions of funding imposed under clause 20.9 within such time as the ESFA deems reasonable, the ESFA may take such actions as it deems appropriate which may include, but is not limited to, under Clause 24.3-24.4 Minor Breach or Clause 24.5-24.6 Serious Breach.
20.11 The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the College at its own cost to:
a. 20.11.1 provide evidence such assurance as the ESFA may require that the delivery of financial resources and the level Provision complies with the requirements of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. 20.11.2 obtain a report by an independent accountant of THE EFAthe ESFA’s choice on on:
20.11.2.1 the financial systems and controls operated by THE NMSS the College or its subcontractors;
20.11.2.2 the accuracy and regularity of Funding claims in respect of payments claimed or received under the this Funding Agreement;
c. provide a copy 20.11.2.3 the evidence held by the College or its subcontractors to support delivery of THE NMSS’s latest audited Accountsthe Provision in accordance with the terms of this Funding Agreement;
d. 20.11.3 submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;the ESFA
e. 20.11.4 provide any additional evidence to support payments made under this Funding Agreement, as THE EFA the ESFA shall reasonably require.
15.7 THE EFA 20.12 The College must agree the instructions for any report to be obtained under clause 20.11.2 with the ESFA and this may include the ESFA discussing the terms of reference directly with the independent accountant where necessary. The report and the work required in order to produce the report shall be responsible for ensuring that it secures proportionate assurance about carried out to the regularitysatisfaction of the ESFA, propriety and value for money for its programme spendthe ESFA must be able to place reliance on it. A key source The College shall provide a copy of evidence any draft report at all stages of reporting and the final report to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements the ESFA as soon as they are available. The ESFA reserves the right to monitor individual placement agreements for pupils and students that they may hold with THE NMSSrequire the College to publish the final report.
15.8 THE NMSS shall 20.13 Where the ESFA has undertaken an investigation or received a report from an independent accountant or otherwise, in providing relation to the Activities College, it may, as a consequence of that investigation or report, impose additional conditions of funding upon the College.
20.14 The College must comply fully with all relevant rules and regulations any additional conditions of THE EFA in force from funding imposed under clause 20.13.
20.15 If the ESFA assesses that the College has failed to comply with any additional conditions of funding imposed under clause 20.13 within such time to timeas the ESFA deems reasonable, the ESFA may take such actions as it deems appropriate which may include, but is not limited to, under Clause 24.3-24.4 Minor Breach or Clause 24.5-24.6 Serious Breach.
Appears in 1 contract
Samples: Funding Agreement
Access and Monitoring. 15.1 THE EFA shall give THE NMSS CONTRACTOR reasonable advance notice in writing of proposed visits to THE NMSS CONTRACTOR or its SUB-SUB CONTRACTORs, to observe the delivery of the ActivitiesServices, by any person who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATE, the Department for Business Innovation and Skills, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates shall have the right to visit all or any site from which the Activities Services are provided and view operations relating to the Activities Services and to inspect relevant documents and interview pupil and students Students and THE NMSSCONTRACTOR’s staff during these visits.
15.3 THE NMSS CONTRACTOR shall ensure that it, its SUB-SUB- CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to:
a. : examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS CONTRACTOR and its SUB- sub-THE CONTRACTORs that relate to the Funding Agreement;
b. Contract; visit, view or assess the design, management and delivery relating to the Funding Agreement Contract at any Premises where those operations are carried out (including those of SUB-CONTRACTORs) and conduct relevant interviews, including interviews with pupil and students, during these visits at any reasonable time; and/or
c. and/or carry out examinations into the economy, efficiency and effectiveness with which THE NMSS CONTRACTOR has used THE SECRETARY OF STATE’s resources in the performance of the Funding AgreementContract.
15.4 Where reasonably required, THE NMSS CONTRACTOR and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS CONTRACTOR shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS CONTRACTOR at its own cost to:
a. : provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. Contract; obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS CONTRACTOR in respect of payments claimed or received under the Funding Agreement;
c. Contract; provide a copy of THE NMSSCONTRACTOR’s latest audited Accounts;
d. ; submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;
e. ; provide any additional evidence to support payments made under this Funding AgreementContract, as THE EFA shall reasonably require.
15.7 THE EFA shall be is responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students High Need Students that they may hold with THE NMSSCONTRACTOR.
15.8 THE NMSS CONTRACTOR shall in providing performing the Activities Services comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 1 contract
Samples: Contract for Services
Access and Monitoring. 15.1 THE EFA shall give THE NMSS CONTRACTOR reasonable advance notice in writing of proposed visits to THE NMSS CONTRACTOR or its SUBsub-THE CONTRACTORs, to observe the delivery of the ActivitiesServices, by any person who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATE, the Department for Business Innovation and Skills, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates shall have the right to visit all or any site from which the Activities Services are provided and view operations relating to the Activities Services and to inspect relevant documents and interview pupil and students Students and THE NMSSCONTRACTOR’s staff during these visits.
15.3 THE NMSS CONTRACTOR shall ensure that it, its SUBsub-THE CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to:
a. examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS CONTRACTOR and its SUB- sub-THE CONTRACTORs that relate to the Funding AgreementContract;
b. visit, view or assess the design, management and delivery relating to the Funding Agreement Contract at any Premises where those operations are carried out (including those of SUBsub-THE CONTRACTORs) and conduct relevant interviews, including interviews with pupil and students, during these visits at any reasonable time; and/or
c. carry out examinations into the economy, efficiency and effectiveness with which THE NMSS CONTRACTOR has used THE SECRETARY OF STATE’s resources in the performance of the Funding AgreementContract.
15.4 Where reasonably required, THE NMSS CONTRACTOR and its SUBsub-THE CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS CONTRACTOR shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS CONTRACTOR at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding AgreementContract;
b. obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS CONTRACTOR in respect of payments claimed or received under the Funding AgreementContract;
c. provide a copy of THE NMSSCONTRACTOR’s latest audited Accounts;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;
e. provide any additional evidence to support payments made under this Funding AgreementContract, as THE EFA shall reasonably require.
15.7 THE EFA shall be is responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students High Need Students that they may hold with THE NMSSCONTRACTOR.
15.8 THE NMSS CONTRACTOR shall in providing performing the Activities Services comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 1 contract
Samples: Contract for Services
Access and Monitoring. 15.1 THE EFA The ESFA shall give THE NMSS the COLLEGE or COLLEGE Related Parties reasonable advance notice in writing of proposed visits to THE NMSS the COLLEGE or its SUB-CONTRACTORsCOLLEGE Related Parties, to observe the delivery of the ActivitiesServices, by any person person, representing the ESFA or acting on behalf of the Secretary of State, who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 For audit, monitoring and evaluation purposes, THE EFAthe ESFA, any person acting on behalf of the SECRETARY OF STATESecretary of State, the Department for Business Innovation and SkillsDepartment, the Skills Funding Agency, Department for Work and Pensions, the National Audit Office, Representatives of the European Commission and the European Court of AuditorsAuditors (where applicable), the Audit Commission its appointed representatives and/or the Inspectorates shall have the right to visit all or any site from which the Activities Services are provided and view operations relating to the Activities Services and to inspect relevant documents and interview pupil Students and students and THE NMSSthe COLLEGE’s staff during these visits.
15.3 THE NMSS The COLLEGE shall, and shall ensure that it, its SUB-CONTRACTORs or agentsCOLLEGE Related Parties, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at Part Two clause 15.2 in order to:
a. 15.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the COLLEGE and its SUB- CONTRACTORs COLLEGE Related Parties that relate to the this Funding Agreement;; and/or
b. 15.3.2 visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises sites where those operations are carried out (including those of SUB-CONTRACTORsCOLLEGE Related Parties) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. 15.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the COLLEGE has used THE SECRETARY OF STATEthe Secretary of State’s resources in the performance of the this Funding Agreement.
15.4 Where reasonably required, THE NMSS the COLLEGE and its SUB-CONTRACTORs COLLEGE Related Parties shall provide copies of any relevant documents required by any of the representatives listed at Part Two clause 15.2.
15.5 THE NMSS The COLLEGE shall, if required by any of the representatives stated at Part Two clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the COLLEGE at its own cost to:
a. 15.6.1 provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform in accordance with the Funding AgreementESFA Conditions of Funding;
b. 15.6.2 obtain a report by an independent accountant of THE EFAthe ESFA’s choice on the financial systems and controls operated by THE NMSS the COLLEGE in respect of payments claimed or received under the this Funding Agreement;
c. . The COLLEGE must agree the instructions for the work with the ESFA and this may include the ESFA discussing the terms of reference directly with the independent accountant where necessary. The report and the work required in order to produce the report shall be carried out to the satisfaction of the ESFA, and the ESFA must be able to place reliance on it. The COLLEGE shall provide a copy of THE NMSSany draft report at all stages of reporting and the final report to the ESFA as soon as they are available. The ESFA reserves the right to require the COLLEGE to publish the final report;
15.6.3 provide a copy of the COLLEGE’s latest audited Accounts;
d. 15.6.4 submit any claim for payment payment, or management information provided to support a claim for payment payment, to be audited reviewed by an independent auditor accountant chosen by THE EFAthe ESFA;
e. 15.6.5 provide any additional evidence to support payments made under this Funding Agreement, as THE EFA the ESFA shall reasonably require.
15.7 THE EFA shall be responsible for ensuring Where the ESFA has undertaken an investigation or received a report from an independent accountant or otherwise, in relation to the COLLEGE, it may, as a consequence of that it secures proportionate assurance about investigation or report, impose additional conditions of funding upon the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSSCOLLEGE.
15.8 THE NMSS shall in providing The COLLEGE must comply with any additional conditions of funding imposed under clause 15.7.
15.9 If the Activities ESFA assesses that the COLLEGE has failed to comply fully with all relevant rules and regulations any additional conditions of THE EFA in force from funding imposed under clause 15.7 within such time to timeas the ESFA deems reasonable, the ESFA may take such actions as it deems appropriate which may include, but is not limited to, under Clause 17.3-17.4 Minor Breach or Clause 17.5-17.6 Serious Breach.
Appears in 1 contract
Samples: Funding Agreement
Access and Monitoring. 15.1 THE EFA 11.1 The ESFA shall give THE NMSS the Provider reasonable advance notice in writing of proposed visits to THE NMSS or its SUB-CONTRACTORsthe Provider, to observe the delivery of the ActivitiesProvision, by any person who has taken or will take no direct part in the conduct or content of the ActivitiesProvision.
15.2 11.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATEESFA or their representatives, the Department for Business Innovation and SkillsSecretary of State or their representatives, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates and HM Treasury shall have the right to visit all or any site from which the Activities are provided site(s) and view operations relating to the Activities Provision and to inspect relevant documents and interview pupil Learners and students and THE NMSSthe Provider’s staff during these visits.
15.3 THE NMSS shall ensure that it, its SUB-CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 visits in order to:
a. a) examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS and its SUB- CONTRACTORs the Provider that relate to the Funding Agreement;
b. b) visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises premises where those operations are carried out (including those of SUB-CONTRACTORs) and conduct relevant interviews, including interviews with pupil and studentsLearners, during these visits at any reasonable time; and/or;
c. c) carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the Provider has used THE SECRETARY OF STATEthe Secretary of State for Education’s resources in the performance of the Funding Agreement.
15.4 Where reasonably required, THE NMSS and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA 11.3 The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the Provider at its own cost to:
a. 11.3.1 provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. 11.3.2 provide such assurance as the ESFA may require that the delivery of the Provision complies with the requirements of the Agreement;
11.3.3 obtain a report by an independent accountant of THE EFAthe ESFA’s choice on on;
11.3.3.1 the financial systems and controls operated by THE NMSS the Provider;
11.3.3.2 the accuracy and regularity of funding claims in respect of payments claimed or received under the Funding Agreement;
c. 11.3.3.3 the evidence held by the Provider to support delivery of the Provision in accordance with the terms of the Agreement. The Provider must agree the instructions for the work with the ESFA and this may include the ESFA discussing the terms of reference directly with the independent accountant where necessary. The report and the work required in order to produce the report shall be carried out to the satisfaction of the ESFA, and the ESFA must be able to place reliance on it. The Provider shall provide a copy of THE NMSS’s latest audited Accounts;
d. submit any claim for payment or management information provided draft report at all stages of reporting and the final report to support a claim for payment the ESFA as soon as they are available. The ESFA reserves the right to be audited by an independent auditor chosen by THE EFA;
e. provide any additional evidence require the Provider to support payments made under this Funding Agreement, as THE EFA shall reasonably requirepublish the final report.
15.7 THE EFA shall be responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSS.
15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 1 contract
Samples: Advanced Learner Loans Facility Conditions & Loans Bursary Fund Agreement
Access and Monitoring. 15.1 THE EFA 21.1 The ESFA shall give THE NMSS the College or College Related Parties reasonable advance notice in writing of proposed visits to THE NMSS the College or its SUB-CONTRACTORsthe College Related Parties, to observe the delivery of the ActivitiesProvision, by any person who has taken or will take no direct part in the conduct or content of the ActivitiesProvision.
15.2 21.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATEESFA, the Department for Business Innovation Secretary of State and Skillstheir agents, the Skills Funding AgencyDepartment, the Department for Work and Pensions, the Ministry for Justice, the National Audit Office, Representatives representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or , the Inspectorates and HM Treasury shall have the right to visit all or any site from which the Activities are provided College site(s), or those of its sub-contractors and view operations relating to the Activities Provision and to inspect relevant documents and interview pupil Learners and students and THE NMSS’s staff during these visits.
15.3 THE NMSS shall 21.3 The College shall, and ensure that it, its SUB-CONTRACTORs or agents, the College Related Parties shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 21.2 in order to:
a. 21.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the College and its SUB- CONTRACTORs the College Related Parties that relate to the Funding Agreementthis Financial Memorandum;
b. 21.3.2 visit, view or assess the design, management and delivery relating to the Funding Agreement Provision at any Premises premises where those operations are carried out (including those of SUB-CONTRACTORsthe College Related Parties) and conduct relevant interviews, including interviews with pupil and studentsLearners, during these visits at any reasonable time; and/orand
c. 21.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the College has used THE SECRETARY OF STATEthe ESFA’s resources Funding in the performance delivery of the Funding AgreementProvision.
15.4 21.4 Where reasonably required, THE NMSS the College and its SUB-CONTRACTORs the College Related Parties shall provide copies of any relevant documents required by any of the representatives listed at clause 15.221.2.
15.5 THE NMSS 21.5 The College shall, if required by any of the representatives stated at clause 15.2 21.2 provide appropriate oral or written explanations.
15.6 THE EFA 21.6 The College must notify the ESFA immediately in writing if at any time there is a risk to its solvency and viability. In order to continue to receive Funding the ESFA may require the College to provide information to demonstrate to its satisfaction the College’s ability to continue to meet the needs of Learners and discharge its responsibilities in relation to its solvency and safeguarding of assets and provide evidence of financial resources sufficient to enable it to continue to deliver the Provision.
21.7 The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the College at its own cost to:
a. 21.7.1 provide evidence such assurance as the ESFA may require that the delivery of financial resources and the level Provision complies with the requirements of turnover sufficient to enable it to continue to perform the Funding AgreementFinancial Memorandum;
b. 21.7.2 obtain a report by an independent accountant of THE EFAthe ESFA’s choice on on:
21.7.2.1 the financial systems and controls operated by THE NMSS the College or its subcontractors;
21.7.2.2 the accuracy and regularity of Funding claims in respect of payments claimed or received under this Financial Memorandum; and
21.7.2.3 the Funding Agreement;evidence held by the College or its subcontractors to support delivery of the Provision in accordance with the terms of this Financial Memorandum.
c. provide a copy of THE NMSS’s latest audited Accounts;
d. 21.7.3 submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;the ESFA; and
e. 21.7.4 provide any additional evidence to support payments made under this Funding AgreementFinancial Memorandum, as THE EFA the ESFA shall reasonably require.
15.7 THE EFA 21.8 The College must agree the instructions for the work with the ESFA. The report and the work required in order to produce the report shall be responsible for ensuring that it secures proportionate assurance about carried out to the regularitysatisfaction of the ESFA, propriety and value for money for its programme spendthe ESFA must be able to place reliance on it. A key source The College shall provide a copy of evidence the interim and final report to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements the ESFA as soon as they are available. The ESFA reserves the right to monitor individual placement agreements for pupils and students that they may hold with THE NMSSrequire the College to publish the report.
15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 1 contract
Samples: Financial Memorandum
Access and Monitoring. 15.1 THE EFA 16.1 The ESFA shall give THE NMSS the Body reasonable advance notice in writing of proposed visits to THE NMSS the Body or its SUB-CONTRACTORsthe Body Related Parties, to observe the delivery of the Activitiesprovision, by any person who has taken or will take no direct part in the conduct delivery or content of the Activitiesprovision.
15.2 16.2 For audit, monitoring and evaluation purposes, THE EFAthe ESFA, any person acting on behalf the Secretary of State and their agents, the SECRETARY OF STATEDepartment, the Department for Business Innovation Work and SkillsPensions (or their Successors), the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates and HM Treasury shall have the right to visit all or any site from which the Activities are provided site(s) and view operations relating to the Activities provision and to inspect relevant documents and interview pupil apprentices and students and THE NMSSthe Body’s staff during these visits.
15.3 THE NMSS 16.3 The Body shall, and shall ensure that it, its SUB-CONTRACTORs or agents, the Body Related Parties shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 16.2 in order to:
a. 16.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the Body and its SUB- CONTRACTORs the Body Related Parties that relate to the Funding Agreement;
b. 16.3.2 visit, view or assess the design, management and delivery relating to of the Funding Agreement Provision at any Premises premises where those operations are carried out (including those of SUBsub-CONTRACTORscontractors) and conduct relevant interviews, including interviews with pupil and studentsapprentices, during these visits at any reasonable time; and/or;
c. 16.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the Body has used THE SECRETARY OF STATEthe ESFA’s resources in the performance delivery of the Funding AgreementProvision.
15.4 16.4 Where reasonably required, THE NMSS the Body and its SUB-CONTRACTORs the Body Related Parties shall provide copies of any relevant documents required by any of the representatives listed at clause 15.216.2.
15.5 THE NMSS 16.5 The Body shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. obtain a report by an independent accountant of THE EFA’s choice on the financial systems and controls operated by THE NMSS in respect of payments claimed or received under the Funding Agreement;
c. provide a copy of THE NMSS’s latest audited Accounts;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;
e. provide any additional evidence to support payments made under this Funding Agreement, as THE EFA shall reasonably require.
15.7 THE EFA shall be responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSS.
15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.clause
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Access and Monitoring. 15.1 THE EFA 21.1 The ESFA shall give THE NMSS the College or College Related Parties reasonable advance notice in writing of proposed visits to THE NMSS the College or its SUB-CONTRACTORsCollege Related Parties, to observe the delivery of the ActivitiesProvision, by any person who has taken or will take no direct part in the conduct or content of the ActivitiesProvision.
15.2 21.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATEESFA, the Department for Business Innovation Secretary of State and Skillstheir agents, the Skills Funding AgencyDepartment, the Department for Work and Pensions, the Ministry of Justice, the National Audit Office, Representatives representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or , the Inspectorates and HM Treasury shall have the right to visit all or any site from which the Activities are provided College site(s), or those of its sub-contractors and view operations relating to the Activities Provision and to inspect relevant documents and interview pupil Learners and students and THE NMSS’s staff during these visits.
15.3 THE NMSS shall 21.3 The College shall, and ensure that it, its SUB-CONTRACTORs or agents, the College Related Parties shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 21.2 in order to:
a. 21.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the College and its SUB- CONTRACTORs the College Related Parties that relate to the Funding Agreementthis Financial Memorandum;
b. 21.3.2 visit, view or assess the design, management and delivery relating to the Funding Agreement Provision at any Premises premises where those operations are carried out (including those of SUB-CONTRACTORsthe College Related Parties) and conduct relevant interviews, including interviews with pupil and studentsLearners, during these visits at any reasonable time; and/or;
c. 21.3.3 carry out examinations into the economy, efficiency and effectiveness with which THE NMSS the College has used THE SECRETARY OF STATEthe ESFA’s resources Funding in the performance delivery of the Funding AgreementProvision.
15.4 21.4 Where reasonably required, THE NMSS the College and its SUB-CONTRACTORs the College Related Parties shall provide copies of any relevant documents required by any of the representatives listed at clause 15.221.2.
15.5 THE NMSS 21.5 The College shall, if required by any of the representatives stated at clause 15.2 21.2 provide appropriate oral or written explanations.
15.6 THE EFA 21.6 The College must notify the ESFA immediately in writing if at any time there is a risk to its solvency and viability. In order to continue to receive Funding the ESFA may require the College to provide information to demonstrate to its satisfaction the College’s ability to continue to meet the needs of Learners and discharge its responsibilities in relation to its solvency and safeguarding of assets and provide evidence of financial resources sufficient to enable it to continue to deliver the Provision.
21.7 The ESFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS the College at its own cost to:
a. 21.7.1 provide evidence such assurance as the ESFA may require that the delivery of financial resources and the level Provision complies with the requirements of turnover sufficient to enable it to continue to perform the Funding AgreementFinancial Memorandum;
b. 21.7.2 obtain a report by an independent accountant of THE EFAthe ESFA’s choice on on:
21.7.2.1 the financial systems and controls operated by THE NMSS the College or its subcontractors;
21.7.2.2 the accuracy and regularity of Funding claims in respect of payments claimed or received under the Funding Agreementthis Financial Memorandum;
c. provide a copy 21.7.2.3 the evidence held by the College or its subcontractors to support delivery of THE NMSS’s latest audited Accountsthe Provision in accordance with the terms of this Financial Memorandum;
d. 21.7.3 submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFA;the ESFA
e. 21.7.4 provide any additional evidence to support payments made under this Funding AgreementFinancial Memorandum, as THE EFA the ESFA shall reasonably require.
15.7 THE EFA 21.8 The College must agree the instructions for the work with the ESFA. The report and the work required in order to produce the report shall be responsible for ensuring that it secures proportionate assurance about carried out to the regularitysatisfaction of the ESFA, propriety and value for money for its programme spendthe ESFA must be able to place reliance on it. A key source The College shall provide a copy of evidence the interim and final report to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements the ESFA as soon as they are available. The ESFA reserves the right to monitor individual placement agreements for pupils and students that they may hold with THE NMSSrequire the College to publish the report.
15.8 THE NMSS shall in providing the Activities comply fully with all relevant rules and regulations of THE EFA in force from time to time.
Appears in 1 contract
Samples: Financial Memorandum
Access and Monitoring. 15.1 12.1 THE EFA SFA shall give THE NMSS CONTRACTOR reasonable advance notice in writing of proposed visits to THE NMSS CONTRACTOR or its SUBsub-CONTRACTORscontractors, to observe the delivery of the ActivitiesServices, by any person who has taken or will take no direct part in the conduct or content of the ActivitiesServices.
15.2 12.2 For audit, monitoring and evaluation purposes, THE EFA, any person acting on behalf of the SECRETARY OF STATESFA or their representatives, the Department for Business Innovation and SkillsSecretary of State or their representatives, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or and the Inspectorates shall have the right to visit all or any site from which the Activities are provided site(s) and view operations relating to the Activities provision and to inspect relevant documents and interview pupil and students Learners and THE NMSS’s CONTRACTOR’S staff during these visits.
15.3 THE NMSS shall ensure that it, its SUB-CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 visits in order to:
a. a) examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS CONTRACTOR and its SUB- CONTRACTORs sub- contractors that relate to the Funding AgreementContract;
b. b) visit, view or assess the design, management and delivery relating to the Funding Agreement Contract at any Premises where those operations are carried out (including those of SUBsub-CONTRACTORscontractors) and conduct relevant interviews, including interviews with pupil and studentsLearners, during these visits at any reasonable time; and/or;
c. c) carry out examinations into the economy, efficiency and effectiveness with which THE NMSS CONTRACTOR has used THE SECRETARY OF STATESFA’s resources in the performance of the Funding AgreementContract.
15.4 Where reasonably required, 12.3 THE NMSS and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS CONTRACTOR shall, if required by any of the representatives stated at clause 15.2 Clause 12.2 provide appropriate oral or written explanations.
15.6 12.4 THE EFA SFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS CONTRACTOR at its own cost to:
a. 12.4.1 provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding AgreementContract;
b. 12.4.2 provide such assurance as THE SFA may require that the delivery of the Services complies with the requirements of the Contract;
12.4.3 obtain a report by an independent accountant of THE EFASFA’s choice on on;
12.4.3.1 the financial systems and controls operated by THE NMSS CONTRACTOR or its subcontractors;
12.4.3.2 the accuracy and regularity of funding claims in respect of payments claimed or received under the Funding AgreementContract;
c. 12.4.3.3 the evidence held by THE CONTRACTOR or its subcontractors to support delivery of the Services in accordance with the terms of the Contract THE CONTRACTOR must agree the instructions for the work with THE SFA. The report and the work required in order to produce the report shall be carried out to the satisfaction of THE SFA, and THE SFA must be able to place reliance on it. THE CONTRACTOR shall provide a copy of the interim and final report to THE SFA as soon as they are available. THE SFA reserves the right to require THE CONTRACTOR to publish the report.
12.4.4 provide a copy of THE NMSS’s CONTRACTOR’S latest audited AccountsAccounts and submit further copies of the audited Accounts as they become available;
d. 12.4.5 submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE EFASFA;
e. 12.4.6 provide any additional evidence to support payments made under this Funding AgreementContract, as THE EFA SFA shall reasonably require.
15.7 12.5 THE EFA shall be responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE EFA’s assurance over use of THE EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students that they may hold with THE NMSS.
15.8 THE NMSS CONTRACTOR shall in providing performing the Activities Services comply fully with all relevant rules and regulations of THE EFA SFA in force from time to timetime especially when on THE SFA’s premises.
Appears in 1 contract
Samples: Funding Agreement
Access and Monitoring. 15.1 THE The EFA shall give THE NMSS the SPI reasonable advance notice in writing of proposed visits to THE NMSS the SPI or its SUB-CONTRACTORs, to observe the delivery of the Activities, by any person who has taken or will take no direct part in the conduct or content of the Activities.
15.2 For audit, monitoring and evaluation purposes, THE the EFA, any person acting on behalf of the SECRETARY OF STATE, the Department for Business Innovation and Skills, the Skills Funding Agency, Department for Work and Pensions, National Audit Office, Representatives of the European Commission and the European Court of Auditors, the Audit Commission and/or the Inspectorates shall have the right to visit all or any site from which the Activities are provided and view operations relating to the Activities and to inspect relevant documents and interview pupil Students and students and THE NMSSthe SPI’s staff during these visits.
15.3 THE NMSS The SPI shall ensure that it, its SUB-CONTRACTORs or agents, shall, on reasonable advance notice in writing permit access at any reasonable time to any of the representatives listed at clause 15.2 in order to:
a. examine, audit or take copies of any original or copy documentation, accounts, books and records of THE NMSS the SPI and its SUB- SUB-CONTRACTORs that relate to the Funding Agreement;
b. visit, view or assess the design, management and delivery relating to the Funding Agreement at any Premises where those operations are carried out (including those of SUB-CONTRACTORs) and conduct relevant interviews, including interviews with pupil and studentsStudents, during these visits at any reasonable time; and/or
c. carry out examinations into the economy, efficiency and effectiveness with which THE NMSS SPI has used THE SECRETARY OF STATE’s resources in the performance of the Funding Agreement.
15.4 Where reasonably required, THE NMSS SPI and its SUB-CONTRACTORs shall provide copies of any relevant documents required by any of the representatives listed at clause 15.2.
15.5 THE NMSS The SPI shall, if required by any of the representatives stated at clause 15.2 provide appropriate oral or written explanations.
15.6 THE The EFA reserves the right, at any reasonable time, and as it may deem necessary to require THE NMSS SPI at its own cost to:
a. provide evidence of financial resources and the level of turnover sufficient to enable it to continue to perform the Funding Agreement;
b. obtain a report by an independent accountant of THE the EFA’s choice on the financial systems and controls operated by THE NMSS the SPI in respect of payments claimed or received under the Funding Agreement;
c. provide a copy of THE NMSSthe SPI’s latest Accounts audited Accountsprior to submission;
d. submit any claim for payment or management information provided to support a claim for payment to be audited by an independent auditor chosen by THE the EFA;
e. provide any additional evidence to support payments made under this Funding Agreement, as THE the EFA shall reasonably require.
15.7 THE The EFA shall be is responsible for ensuring that it secures proportionate assurance about the regularity, propriety and value for money for its programme spend. A key source of evidence to inform THE the EFA’s assurance over use of THE the EFA planned place funds will be obtained from LA arrangements to monitor individual placement agreements for pupils and students High Need Students that they may hold with THE NMSSthe SPI.
15.8 THE NMSS The SPI shall in providing the Activities comply fully with all relevant rules and regulations of THE the EFA in force from time to time.
Appears in 1 contract
Samples: Funding Agreement
