Legislation and Statutory Guidance. This agreement is between Swindon Borough Council and Providers delivering early education and childcare for 0 to 14 year olds including funding for 2, 3 and 4 year olds based within the Borough of Swindon. It is not intended to replace, supersede or negate the requirements or expectations set out in legislation, statutory guidance and government advice. To the extent that they apply to this agreement and the provision of early year’s education and childcare, the Provider shall comply with the following legislation, codes, guidance and frameworks (the “Requirements”);  Early Education and childcare, Statutory guidance for Local Authorities 2017  Childcare Act 2006  Childcare Act 2016  Equality Act 2010  School admissions code 2014  Statutory framework for the early years foundation stage 2017  Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014  The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016  Special educational needs and disability code of practice: 0 to 25 years 2015  General Data Protection Regulations and the Data Protection Act 2018  The guidance found at: xxxxx://xxx.xxx.xx/government/publications/early-education-and- childcare--2  The guidance found at: xxxxx://xxx.xxx.xx/government/publications/early-years-national- funding-formula-allocations-and-guidance; and  Any other applicable law, statute, code of practice and guidance. The Provider shall not breach the Requirements nor through its acts and omissions shall it cause Swindon Borough Council to be in breach of the Requirements. The Provider confirms that this the Early Years Education and Childcare it will provide under this agreement will at all times meet the conditions of funding as set out in the Early Education and Childcare Statutory Guidance for Local Authorities, 2017 and as set out in this agreement.

Legislation and Statutory Guidance. 3.1 This protocol is concerned with the legal duties set out within: a) Part 3 of the Children Act 1989. b) Reflects the case law relating to House of Lords in (G) v Southwark relating to children who require accommodation. c) Part 7 of the Housing Act 1996 relating to people who are homeless or threatened with homelessness who approach either local authority requesting assistance. d) Homelessness Reduction Act 2017, duty to refer and joint assessment. e) Statutory guidance 2018 by the Secretary of State for Education and the Secretary of State for Housing, Communities and Local Government ‘Prevention of Homelessness and provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation’. f) Regulation 39 of the care planning, placement, and case review (England) regulations 2010 as amended in 2015. 3.2 Legislation and statutory guidance set out that the primary responsibility for a Child in Need who requires accommodation, including a 16 and 17 year old who is homeless lies with Children’s Services Authority as the case law relating to House of Lords in (G) v Southwark. The duty under Section 20 of the Children Act 1989 takes precedence over duties in the Housing Act 1996 in providing for children in need who require accommodation. Section 20 of the Children Act 1989 takes precedence over the general duty owed under Section 17 of the same Act to children in need and their families when a young person needs to be accommodated.

Legislation and Statutory Guidance. 1 Statutory Framework for the Early Years Foundation Stage 2017. Setting the standards for learning, development and care for children from birth to five. 3.1 The following frameworks and legislation underpin this agreement and the Council and the Provider shall comply with such frameworks and legislation and all other relevant legislation:  Early Education and childcare, Statutory guidance for Local Authorities 2017  Childcare Act 2006  Childcare Act 2016  Equality Act 2010  School admissions code 2014  Statutory framework for the Early Years Foundation Stage 2017 (EYFS)  Council, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014  The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016  Special educational needs and disability code of practice: 0 to 25 years 2015  Data Protection Act

Legislation and Statutory Guidance. 2.6.1 All Providers are expected to have policies and procedures in place to comply with all relevant legislation and statutory guidance in relation to:  Health and Safety;  Information governance and General Data Protection Regulations;  Equalities;  Employment;  Safeguarding (Children and Adults);  Mental Capacity;  Safer Recruitment;  Lone Working;  Medicines Management (where relevant to the service delivered);  Clinical Governance (where relevant to the service delivered);  Fire Regulations; and  Housing Standards (where relevant to the service delivered). 2.6.2 Alliance Participants will also ensure there are appropriate arrangements in place for staff who are lone workers. 2.6.3 Alliance Participants will carry out regular inspections of accommodation and office premises used by staff and visitors of the services, addressing any safety concerns as they arise.

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References to Statutes, Public Acts, Regulations, Codes and Executive Orders All references in this Contract to any statute, public act, regulation, code or executive order shall mean such statute, public act, regulation, code or executive order, respectively, as it has been amended, replaced or superseded at any time. Notwithstanding any language in this Contract that relates to such statute, public act, regulation, code or executive order, and notwithstanding a lack of a formal amendment to this Contract, this Contract shall always be read and interpreted as if it contained the most current and applicable wording and requirements of such statute, public act, regulation, code or executive order as if their most current language had been used in and requirements incorporated into this Contract at the time of its execution.
Health Insurance Portability and Accountability Act of 1996 This paragraph was intentionally left blank.
Governing Law, Regulatory Authority, and Rules The validity, interpretation and enforcement of this Agreement and each of its provisions shall be governed by the laws of the state of New York, without regard to its conflicts of law principles. This Agreement is subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority.
Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
Ordinances and Statutes Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee.
OMNIBUS PROCUREMENT ACT OF 1992 It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Xxxxx Xxxxxxxx Xxxxxx, Xxx Xxxx 00000 Telephone: 000-000-0000 Fax: 000-000-0000 email: xxx@xxx.xx.xxx A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 212-803-2414 email: xxxxxxxxxxxxxxxxx@xxx.xx.xxx xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/VendorSearchPu blic.asp The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.
Health Insurance Portability and Accountability Act Grantee certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law Xx. 000-000, 00 XXX Parts 160, 162 and 164, and the Social Security Act, 42 USC 1320d-2 through 1320d-7, in that it may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. Grantee shall maintain, for a minimum of six (6) years, all protected health information.
ENERGY POLICY AND CONSERVATION ACT COMPLIANCE To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
Data Protection Act 7.1 With respect to the parties' rights and obligations under this Contract, the parties agree that the Department is the Data Controller and that the Contractor is the Data Processor. 7.2 The Contractor shall: 7.2.1 Process the Personal Data only in accordance with instructions from the Department (which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Department to the Contractor during the Term); 7.2.2 Process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Services or as is required by Law or any Regulatory Body; 7.2.3 The Contractor shall employ appropriate organisational, operational and technological processes and procedures to keep the Personal Data safe from unauthorised use or access, loss, destruction, theft or disclosure. The organisational, operational and technological processes and procedures adopted are required to comply with the requirements of ISO/IEC 27001 as appropriate to the services being provided to the Department; 7.2.4 Take reasonable steps to ensure the reliability of any Contractor Personnel who have access to the Personal Data; 7.2.5 Obtain prior written consent from the Department in order to transfer the Personal Data to any Sub-contractors or Affiliates for the provision of the Services; 7.2.6 Ensure that all Contractor Personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this clause 7; 7.2.7 Ensure that none of Contractor Personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Department; 7.2.8 Notify the Department within five Working Days if it receives: a request from a Data Subject to have access to that person's Personal Data; or a complaint or request relating to the Department's obligations under the Data Protection Legislation; 7.2.9 Provide the Department with full cooperation and assistance in relation to any complaint or request made, including by: - providing the Department with full details of the complaint or request; - complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Department's instructions; - providing the Department with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Department); and - providing the Department with any information requested by the Department; 7.2.10 Permit the Department or the Department’s Representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit the Contractor's data Processing activities (and/or those of its agents, subsidiaries and Sub-contractors) and comply with all reasonable requests or directions by the Department to enable the Department to verify and/or procure that the Contractor is in full compliance with its obligations under this Contract; 7.2.11 Provide a written description of the technical and organisational methods employed by the Contractor for processing Personal Data (within the timescales required by the Department) to be used solely for the purposes of this contract and provided that to do so would not be in breach of the Intellectual Property Rights (including Copyright) of a third party; and 7.2.12 Not process Personal Data outside the European Economic Area without the prior written consent of the Department and, where the Department consents to a transfer, to comply with: - the obligations of a Data Controller under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing -an adequate level of protection to any Personal Data that is transferred; and - any reasonable instructions notified to it by the Department. 7.3 The Contractor shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Contract in such a way as to cause the Department to breach any of its applicable obligations under the Data Protection Legislation.
Data Protection Legislation the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation.

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