Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:- (a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services; (b) to verify the Provider’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 (Department Data) and 26 (Freedom of Information and Confidentiality) and any other Law applicable to the Services; (e) to carry out the audit and certification of the Department’s accounts; (f) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreements. 8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services. 8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:- (a) all information requested by the Department within the permitted scope of the audit; (b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services; (c) access to the Provider's and/or a Provider Related Party's systems; and (d) access to Provider Personnel; and (e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006. 8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services. 8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion. 8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit. 8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement. 8.2.8 If the Department identifies that:- (a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information; (b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions). 8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 3 contracts
Samples: Accountability Agreement, Accountability Agreement, Accountability Agreement
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit-code-of- practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub-contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and Confidentiality)and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit- code-of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub-contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; , and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit-code-of- practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub-contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality);
(e) and any other Law applicable to the Services;
(ef) to carry out the audit and certification of the Department’s accounts;
(fg) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(gh) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and standards; and
(i) any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit- code-of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub- contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit-code-of- practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub-contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 Agreements. The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 . Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-co- operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 . The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 . The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 . The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 . If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreement.
8.2.8 this Agreement. If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 . The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider College has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the ProviderCollege’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderCollege's and/or a Provider College Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 22 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider College and/or a Provider College Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider College or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider College and/or a Provider College Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderCollege's and/or a Provider College Related Party's systems; and
(d) access to Provider College Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider College is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider College will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's College’s (including for the avoidance of doubt a Provider College Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data’s), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider College has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the ProviderCollege’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderCollege's and/or a Provider College Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider College and/or a Provider College Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider College or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider College and/or a Provider College Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderCollege's and/or a Provider College Related Party's systems; and
(d) access to Provider College Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider College is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider College will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderCollege's (including for the avoidance of doubt a Provider College Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider College and/or a Provider College Related Party in which case the Provider College will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider College must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider College has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderCollege's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderCollege's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider College must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Conditions of Funding (Grant), Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 (Provider’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Auditor. 8.2.1 31.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 20 (Department Data) and 26 24 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 31.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 31.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and;
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 31.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 31.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 31.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 31.2.7 If the findings of an audit conducted pursuant to this Clause 8 31 results in the requirement for ILR Data to be corrected and re- submitted the Provider Contractor must re-submit the data to the Department, as set out in Clause 5 22 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreementcontract.
8.2.8 31.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider Contractor will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider Contractor of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 29.1 (Payment, Funding and Audit provisions).
8.2.9 31.2.9 The Provider Contractor must permit records referred to in this Clause 8 31 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), ) the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clauseClause 32 (Contractor’s Records and Audit), unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 (Contractor’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider Contractor must re-re- submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two (2) months. Failure to do so will be a breach of agreementcontract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 (Provider’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;Provider¶V FODLnPdiVng ; IRU )X
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the DV ZHOO DV WKH 'HSDUWPHQW Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;Department¶V DFFRXQWV
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider Department¶V REOLJDWLRQV RPIro vidFeRr and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-co- operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s Department¶V reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other Department¶V DXGLWRU DQG LQVSHFWRUV DQG WKH representatives of the Department.
Appears in 1 contract
Samples: Funding Agreement
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-co- operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Education & Skills Agreement
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), ) the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clauseClause 32 (Contractor’s Records and Audit), unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 (Contractor’s Records and Audit) results in the requirement for ILR Data to be corrected and re- re-submitted the Provider Contractor must re-re- submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two (2) months. Failure to do so will be a breach of agreementcontract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;the
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisions).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and;
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 Xxx 0000 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006Xxx 0000.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 results in the requirement for ILR Data data to be corrected and re- submitted the Provider Contractor must re-submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreementcontract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 aforementioned records available for inspection by the Department upon reasonable notice, and will present a report of them to the Department as and when requested.
28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; , and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit- code-of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider College has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub- contractors) of the Services;
(b) to verify the ProviderCollege’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderCollege's and/or a Provider College Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider College and/or a Provider College Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider College or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider College and/or a Provider College Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderCollege's and/or a Provider College Related Party's systems; and
(d) access to Provider College Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider College will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderCollege's (including for the avoidance of doubt a Provider College Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider College and/or a Provider College Related Party in which case the Provider College will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider College must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider College has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderCollege's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderCollege's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider College must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 reasonable notice, and will present a report of them to the Department as and when requested.
28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit- code-of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub- contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Departmental Data) and 26 23 (Freedom of Information and Confidentiality);
(e) and any other Law applicable to the Services;
(ef) to carry out the audit and certification of the Department’s accounts;
(fg) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(gh) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and standards; and
(i) any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), ) the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 Xxx 0000 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006Xxx 0000.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clauseClause 32 (Contractor’s Records and Audit), unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 (Contractor’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider Contractor must re-re- submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two (2) months. Failure to do so will be a breach Minor Breach of agreementthis Contract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's ’s and/or a Provider Related Party's ’s compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 (Department Data) and 26 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreements.
8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's ’s and/or a Provider Related Party's ’s systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.material
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and;
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 Xxx 0000 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006Xxx 0000.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 results in the requirement for ILR Data data to be corrected and re- submitted the Provider Contractor must re-submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis contract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; , and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and
(d) access to Provider Contractor Personnel; and.
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clauseClause 32 (Contractor’s Records and Audit), unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 (Contractor’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider Contractor must re-submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two (2) months. Failure to do so will be a breach of agreementthis Contract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 (Department Data) and 26 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; , and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), ) the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clauseClause 32 (Contractor’s Records and Audit), unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 (Contractor’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider Contractor must re-re- submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two (2) months. Failure to do so will be a breach of agreementcontract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 (Department Data) and 26 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Auditor. 8.2.1 aforementioned records available for inspection by the Department upon reasonable notice, and will present a report of them to the Department as and when requested.
28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit- code-of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub- contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; , and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and;
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 Xxx 0000 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006Xxx 0000.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider Contractor must re-submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis contract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Employer has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the ProviderEmployer’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderEmployer's and/or a Provider an Employer Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider Employer and/or a Provider an Employer Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Employer or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider Employer and/or a Provider an Employer Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderEmployer's and/or a Provider an Employer Related Party's systems; and;
(d) access to Provider Employer Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Employer is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider Employer will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderEmployer's (including for the avoidance of doubt a Provider an Employer Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider Employer and/or a Provider an Employer Related Party in which case the Provider Employer will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider Employer must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider Employer has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider Employer will implement and comply with a remedial plan. If the ProviderEmployer's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderEmployer's costs, then the remedial plan will include a requirement for the provision by the Provider Employer of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider Employer must permit records referred to in this Clause 8 28 (Employer's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's ’s and/or a Provider Related Party's ’s compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 (Department Data) and 26 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreements.
8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's ’s and/or a Provider Related Party's ’s systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within Data),within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Education & Skills Agreement
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreements.
8.2.2 Agreements. The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 . Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-co- operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 . The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 . The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 . The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 . If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreement.
8.2.8 this Agreement. If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 . The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Funding Agreement
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Funding Agreement
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and;
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 results in the requirement for ILR Data to be corrected and re- submitted the Provider Contractor must re-submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreementcontract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider Contractor will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider Contractor of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisions).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-co- operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Education & Skills Agreement
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-co- operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 (Provider's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Funding Agreement
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit- code-of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub- contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality);
(e) and any other Law applicable to the Services;
(ef) to carry out the audit and certification of the Department’s accounts;
(fg) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(gh) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and standards; and
(i) any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 (Insurance) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 23 (Submission Freedom of Learner DataInformation and Confidentiality), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)xxxxx://xxx.xxx.xx/government/publications/post-16-audit- code-of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractorssub- contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and
(d) access to Provider Contractor Personnel; and.
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clauseClause 32 (Contractor’s Records and Audit), unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 (Contractor’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider Contractor must re-re- submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two (2) months. Failure to do so will be a breach of agreementthis Contract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider NMSS has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;)
(b) to verify the ProviderNMSS’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderNMSS's and/or a Provider NMSS Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 (Department Data) and 26 Clause 27 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider NMSS and/or a Provider NMSS Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreements.
8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider NMSS or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider NMSS and/or a Provider NMSS Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderNMSS's and/or a Provider NMSS Related Party's systems; and;
(d) access to Provider NMSS Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider NMSS is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider NMSS will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderNMSS's (including for the avoidance of doubt a Provider NMSS Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider College has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the ProviderCollege’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderCollege's and/or a Provider College Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider College and/or a Provider College Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider College or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider College and/or a Provider College Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderCollege's and/or a Provider College Related Party's systems; and
(d) access to Provider College Personnel; and;
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider College is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider College will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderCollege's (including for the avoidance of doubt a Provider College Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider College and/or a Provider College Related Party in which case the Provider College will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 results in the requirement for ILR Data data to be corrected and re- submitted the Provider College must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider College has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderCollege's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderCollege's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider College must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 (Provider’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach Minor Breach of agreementthis Agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and;
(d) access to Provider Contractor Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 results in the requirement for ILR Data data to be corrected and re- submitted the Provider Contractor must re-submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreementcontract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider Contractor will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider Contractor of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 32.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Contractor has used the Funding (and proposed or actual variations to the Funding in accordance with this AgreementContract) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub-Contractors) of the Services;
(b) to verify the ProviderContractor’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderContractor's and/or a Provider Contractor Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 21 (Department Data) and 26 25 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this AgreementContract;
(g) to ensure that the Provider Contractor and/or a Provider Contractor Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, Authority such audits may be based on current or preceding years or preceding agreementscontracts.
8.2.2 32.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Contractor or delay the provision of the Services.
8.2.3 32.2.3 Subject to the Department’s obligations of confidentiality, the Provider Contractor and/or a Provider Contractor Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderContractor's and/or a Provider Contractor Related Party's systems; and
(d) access to Provider Contractor Personnel; and.
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 Xxx 0000 and/or financial records as the Department may require which if the Provider Contractor is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.Xxx 0000
8.2.4 32.2.4 The Provider Contractor will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderContractor's (including for the avoidance of doubt a Provider Contractor Related Party's) performance of the Services.
8.2.5 32.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 32.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clauseClause 32 (Contractor’s Records and Audit), unless the audit identifies a material breach or malpractice by the Provider Contractor and/or a Provider Contractor Related Party in which case the Provider Contractor will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 32.2.7 If the findings of an audit conducted pursuant to this Clause 8 32 (Contractor’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider Contractor must re-re- submit the data to the Department, as set out in Clause 5 23 (Submission of Learner Data), within two (2) months. Failure to do so will be a breach Minor Breach of agreementthis Contract.
8.2.8 32.2.8 If the Department identifies that:-
(a) the Provider Contractor has failed to perform its obligations under this Agreement Contract in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the ProviderContractor's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the ProviderContractor's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 30.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 32.2.9 The Provider Contractor must permit records referred to in this Clause 8 32 (Contractor's Records and Audit) to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Contract for Services
Auditor. 8.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider Employer has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including Subcontractors) of the Services;
(b) to verify the ProviderEmployer’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the ProviderEmployer's and/or a Provider an Employer Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 (Department Data) and 26 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider Employer and/or a Provider an Employer Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Employer or delay the provision of the Services.
8.2.3 Subject to the Department’s obligations of confidentiality, the Provider Employer and/or a Provider an Employer Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the ProviderEmployer's and/or a Provider an Employer Related Party's systems; and;
(d) access to Provider Employer Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider Employer is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 The Provider Employer will implement all measurement and monitoring tools and procedures necessary to measure and report on the ProviderEmployer's (including for the avoidance of doubt a Provider an Employer Related Party's) performance of the Services.
8.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 If the findings of an audit conducted pursuant to this Clause 8 results in the requirement for ILR Data to be corrected and re- submitted the Provider must re-submit the data to the Department, as set out in Clause 5 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 (Payment, Funding and Audit provisions).
8.2.9 The Provider must permit records referred to in this Clause 8 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)
Auditor. 8.2.1 Department upon reasonable notice, and will present a report of them to the Department as and when requested.
28.2.1 The Department (in accordance with Post-16 audit code of practice - XXX.XX (xxx.xxx.xx)), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:-
(a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including SubcontractorsSub- Contractors) of the Services;
(b) to verify the Provider’s claims for Funding;
(c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data;
(d) to review the Provider's and/or a Provider Related Party's compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 23 19 (Department Data) and 26 23 (Freedom of Information and Confidentiality) and any other Law applicable to the Services;
(e) to carry out the audit and certification of the Department’s accounts;
(f) to verify the accuracy and completeness of any management information delivered or required by this Agreement;
(g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding agreementsAgreements.
8.2.2 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.
8.2.3 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:-
(a) all information requested by the Department within the permitted scope of the audit;
(b) reasonable access to any Premises premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services;
(c) access to the Provider's and/or a Provider Related Party's systems; and
(d) access to Provider Personnel; and
(e) provision of any accounting records as referred to in Section 386 of the Companies Act 2006 and/or financial records as the Department may require which if the Provider is not a company may include similar accounting records as are referred to in Section 386 of the Companies Act 2006.
8.2.4 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services.
8.2.5 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion.
8.2.6 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit.
8.2.7 28.2.7 If the findings of an audit conducted pursuant to this Clause 8 28 (Provider’s Records and Audit) results in the requirement for ILR Data data to be corrected and re- re-submitted the Provider must re-submit the data to the Department, as set out in Clause 5 21 (Submission of Learner Data), within two months. Failure to do so will be a breach of agreement.
8.2.8 28.2.8 If the Department identifies that:-
(a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and the Provider will implement and comply with a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision by the Provider of all such information;
(b) there has been any under or over payment it will be dealt with in accordance with Clause 4.1 26.1 (Payment, Funding and Audit provisionsPayment).
8.2.9 28.2.9 The Provider must permit records referred to in this Clause 8 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.
Appears in 1 contract
Samples: Conditions of Funding (Grant)