Contractor’s Staff. 46.1 The Commissioner reserves the right under this Agreement to refuse to admit to, or to withdraw permission to remain on, any premises occupied by or on behalf of the Commissioner: (a) any member of the Staff; or (b) any person employed or engaged by a sub-contractor, agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the Commissioner, inappropriate. 46.2 If and when directed by the Commissioner, the Contractor shall provide a list of the names and addresses of all persons who it is expected may require admission in connection with the Agreement to any premises occupied by or on behalf of the Commissioner, specifying the capacities in which they are concerned with the Agreement and giving such other particulars as the Commissioner may reasonably require. 46.3 The Contractor’s Staff, engaged within the boundaries of a Government establishment, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at that establishment and when outside that establishment. 46.4 The decision of the Commissioner as to whether any person is to be refused access to any premises occupied by or on behalf of the Commissioner shall be final and conclusive. 46.5 The Contractor shall procure that in respect of all potential Staff or persons engaged to deliver the Goods and/or services (pursuant to clauses 14 and 23), undertake training (pursuant to clause 19) or undertake installation work (pursuant to clauses 20 and 22) before the individual begins to attend any Commissioner premises. 46.6 The Contractor shall procure that no person who discloses any convictions, or who is found to have any convictions following the results of a vetting check, is employed or engaged by the Contractor or on the Contractor’s behalf without the Commissioner’s prior written consent (such consent not to be unreasonably withheld or delayed). 46.7 The Contractor shall procure that the Commissioner is kept advised at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff, receives a conviction or whose previous convictions become known to the Contractor (or any employee of a sub-contractor involved in the provision of the Services).
Appears in 4 contracts
Samples: Electrical Generator Maintenance Services Contract, Contract for Electrical Testing Services, Contract for Air Conditioning Maintenance Services
Contractor’s Staff. 46.1 16.1 The Commissioner Council reserves the right under this Agreement Contract to refuse to admit to, or to withdraw permission to remain on, any premises occupied by or on behalf of the CommissionerCouncil:
(a) 16.1.1 any member of the Staff; or
(b) 16.1.2 any person employed or engaged by a sub-contractor, agent or servant of the Contractor Contractor, whose admission or continued presence would be, in the reasonable opinion of the CommissionerCouncil, inappropriateundesirable.
46.2 16.2 If and when directed by the CommissionerCouncil, the Contractor shall provide a list of the names and addresses of all persons who it is expected may require admission in connection with the Agreement Contract to any premises occupied by or on behalf of the CommissionerCouncil, specifying the capacities in which they are concerned with the Agreement Contract and giving such other particulars as the Commissioner Council may reasonably requiredesire.
46.3 16.3 The Contractor’s Staff, engaged within the boundaries of a Government the Council’s establishment, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at that establishment and when outside that establishment.
46.4 16.4 The decision of the Commissioner Council as to whether any person is to be refused access to any premises occupied by or on behalf of the Commissioner Council shall be final and conclusive.
46.5 16.5 The Contractor shall procure that bear the cost of any notice, instruction or decision of the Council under this Clause.
16.6 During the Term the Contractor will employ sufficient appropriately trained, qualified and supervised Staff in respect order to provide the Services and comply with its obligations under this Contract.
16.7 The Contractor is responsible for the employment, including employment conditions, of its employees and will at all times be responsible for the payment of all potential Staff salaries and wages, income or other taxes, national insurance contributions or levies of any kind, relating to or arising out of the employment of any persons engaged to deliver employed by the Goods and/or services (pursuant to clauses 14 and 23), undertake training (pursuant to clause 19) or undertake installation work (pursuant to clauses 20 and 22) before the individual begins to attend any Commissioner premisesContractor.
46.6 16.8 The Contract Manager (acting reasonably) may instruct the Contractor shall procure to ensure that no person who discloses appropriate disciplinary action is taken against any convictions, or who is found to have any convictions following the results employee of a vetting check, is employed or engaged by the Contractor or on the Contractor’s behalf without the Commissioner’s prior written consent (such consent not to be unreasonably withheld or delayed).
46.7 The Contractor shall procure that the Commissioner is kept advised at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff, receives a conviction or whose previous convictions become known to the Contractor (or any employee of a sub-sub- contractor involved in the provision of the Services)Services (in accordance with the terms and conditions of employment of the employee concerned) that misconducts himself or is incompetent or negligent in his duties or who the Council has reasonable grounds for believing that their presence or conduct at work is otherwise undesirable. The Council shall co-operate with any such disciplinary proceedings and shall be advised in writing by the Contractor of the outcome.
16.9 The Parties acknowledge that the Contractor is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000.
16.10 The Contractor shall ensure that all individuals engaged in the provision of the Services are, so far as the Contractor is legally entitled to do so:
16.10.1 subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service including a check against the adults' barred list or the children's barred list, as appropriate; and
16.10.2 the Contractor shall monitor the level and validity of the checks under this clause
Appears in 1 contract
Samples: Agreement
Contractor’s Staff. 46.1 18.1 The Commissioner Customer reserves the right under this Agreement the Assignment Contract to refuse to admit to, or to withdraw permission to remain on, any premises occupied by or on behalf of the CommissionerCrown:
(a) 18.1.1 any member of the Staff; or
(b) 18.1.2 any person employed or engaged by a sub-contractor, agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the CommissionerCustomer, inappropriateundesirable.
46.2 18.2 If and when directed by the CommissionerCustomer, the Contractor shall provide a list of the names and addresses of all persons who it is expected may require admission in connection with the Agreement Assignment Contract to any premises occupied by or on behalf of the CommissionerCrown, specifying the capacities in which they are concerned with the Agreement Assignment Contract and giving such other particulars as the Commissioner Customer may reasonably requiredesire.
46.3 18.3 If and when directed by the Customer, the Contractor shall secure that any person employed or engaged by the Contractor or by a sub-contractor, who is specified in the direction or is one of a class of persons who may be so specified, shall sign a statement that he understands that the Official Secrets Acts 1911 to 1989 apply to him both during the term of and expiry or termination of the Assignment Contract.
18.4 The Contractor’s Staff, engaged within the boundaries of a Government establishment, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at that establishment and when outside that establishment.
46.4 18.5 If the Contractor shall fail to comply with 18.2 above the Customer (whose decision shall be final and conclusive) may decide that such failure is prejudicial to the interests of the State and if the Contractor does not comply with the provisions of 18.2 within a reasonable time of written notice from the Customer so to do then the Customer may terminate the Assignment Contract provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Customer.
18.6 The decision of the Commissioner Customer as to whether any person is to be refused access to any premises occupied by or on behalf of the Commissioner Crown and as to whether the Contractor has failed to comply with 18.2 shall be final and conclusive.
46.5 The Contractor shall procure that in respect of all potential Staff or persons engaged to deliver the Goods and/or services (pursuant to clauses 14 and 23), undertake training (pursuant to clause 19) or undertake installation work (pursuant to clauses 20 and 22) before the individual begins to attend any Commissioner premises.
46.6 The Contractor shall procure that no person who discloses any convictions, or who is found to have any convictions following the results of a vetting check, is employed or engaged by the Contractor or on the Contractor’s behalf without the Commissioner’s prior written consent (such consent not to be unreasonably withheld or delayed).
46.7 The Contractor shall procure that the Commissioner is kept advised at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff, receives a conviction or whose previous convictions become known to the Contractor (or any employee of a sub-contractor involved in the provision of the Services).
Appears in 1 contract
Samples: Services Order Form