Common use of Ministry of Justice Clause in Contracts

Ministry of Justice. Code The Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000. New Fair Deal The revised Fair Deal position in the HM Treasury guidance: “Fair Deal for staff pensions: staff transfer from central government” issued in October 2013 as amended. Order An order for G-Cloud Services placed by a contracting body with the Supplier in accordance with the ordering processes. Order Form The order form set out in Part A of the Call-Off Contract to be used by a Buyer to order G-Cloud Services. Ordered G-Cloud Services G-Cloud Services which are the subject of an order by the Buyer. Outside IR35 Contractual engagements which would be determined to not be within the scope of the IR35 intermediaries legislation if assessed using the ESI tool. Party The Buyer or the Supplier and ‘Parties’ will be interpreted accordingly. Personal Data Takes the meaning given in the UK GDPR. Personal Data Breach Takes the meaning given in the UK GDPR. Platform The government marketplace where Services are available for Buyers to buy. Processing Takes the meaning given in the UK GDPR. Processor Takes the meaning given in the UK GDPR. Prohibited act To directly or indirectly offer, promise or give any person working for or engaged by a Buyer or CCS a financial or other advantage to: ● induce that person to perform improperly a relevant function or activity ● reward that person for improper performance of a relevant function or activity ● commit any offence: o under the Bribery Act 2010 o under legislation creating offences concerning Fraud o at common Law concerning Fraud o committing or attempting or conspiring to commit Fraud Project Specific IPRs Any intellectual property rights in items created or arising out of the performance by the Supplier (or by a third party on behalf of the Supplier) specifically for the purposes of this Call-Off Contract including databases, configurations, code, instructions, technical documentation and schema but not including the Supplier’s Background IPRs. Property Assets and property including technical infrastructure, IPRs and equipment. Protective Measures Appropriate technical and organisational measures which may include: pseudonymisation and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it.

Ministry of Justice. Code The Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000. New Fair Deal The revised Fair Deal position in the HM Treasury guidance: “Fair Deal for staff pensions: staff transfer from central government” issued in October 2013 as amended. Order An order for G-Cloud Services placed by a contracting body Contracting Body with the Supplier in accordance with the ordering processesOrdering Processes. Order Form The order form set out in Part A of the Call-Off Contract to be used by a Buyer to order G-Cloud Services. Ordered G-Cloud Services G-Cloud Services which are the subject of an order Order by the Buyer. Outside IR35 Contractual engagements which would be determined to not be within the scope of the IR35 intermediaries legislation if assessed using the ESI tool. Party The Buyer or the Supplier and ‘Parties’ will be interpreted accordingly. Personal Data Takes As described in the Data Protection Act 1998 (xxxx://xxx.xxxxxxxxxxx.xxx.xx/ukpga/1998/29/contents) Processing This has the meaning given in to it under the UK GDPRData Protection Act 1998 as amended but, for the purposes of this Call-Off Contract, it will include both manual and automatic processing. Personal Data Breach Takes the meaning given in the UK GDPR. Platform The government marketplace where Services are available for Buyers to buy. Processing Takes the meaning given in the UK GDPR. Processor Takes the meaning given in the UK GDPR‘Process’ and ‘processed’ will be interpreted accordingly. Prohibited act Act To directly or indirectly offer, promise or give any person working for or engaged by a Buyer or CCS a financial or other advantage to: ● induce that person to perform improperly a relevant function or activity ● reward that person for improper performance of a relevant function or activity ● commit any offence: o ○ under the Bribery Act 2010 o ○ under legislation creating offences concerning Fraud o ○ at common Law concerning Fraud o ○ committing or attempting or conspiring to commit Fraud Project Specific IPRs Any intellectual property rights in items created or arising out of the performance by the Supplier (or by a third party on behalf of the Supplier) specifically for the purposes of this Call-Off Contract including databases, configurations, code, instructions, technical documentation and schema but not including the Supplier’s Background IPRs. Property Assets and property including technical infrastructure, IPRs and equipment. Protective Measures Appropriate technical PSN or Public Services Network The Public Services Network (PSN) is the Government’s high-performance network which helps public sector organisations work together, reduce duplication and organisational measures share resources. Regulatory Body or Bodies Government departments and other bodies which, whether under statute, codes of practice or otherwise, are entitled to investigate or influence the matters dealt with in this Call-Off Contract. Relevant Person Any employee, agent, servant, or representative of the Buyer, any other public body or person employed by or on behalf of the Buyer, or any other public body. Relevant Transfer A transfer of employment to which may include: pseudonymisation the Employment Regulations applies. Replacement Services Any services which are the same as or substantially similar to any of the Services and encrypting Personal Datawhich the Buyer receives in substitution for any of the Services after the expiry or Ending or partial Ending of the Call-Off Contract, ensuring confidentialitywhether those services are provided by the Buyer or a third party. Replacement Supplier Any third party service provider of Replacement Services appointed by the Buyer (or where the Buyer is providing replacement Services for its own account, integritythe Buyer). Services The services ordered by the Buyer as set out in the Order Form. Service Data Data that is owned or managed by the Buyer and used for the G-Cloud Services, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by itincluding backup data.

Ministry of Justice. Code The Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000. New Fair Deal The revised Fair Deal position in the HM Treasury guidance: “Fair Deal for staff pensions: staff transfer from central government” issued in October 2013 as amended. Order An order for G-Cloud Services placed by a contracting body Contracting Body with the Supplier in accordance with the ordering processesOrdering Processes. Order Form The order form set out in Part A of the Call-Off Contract to be used by a Buyer to order G-Cloud Services. Ordered G-Cloud Services G-Cloud Services which are the subject of an order Order by the Buyer. Outside IR35 Contractual engagements which would be determined to not be within the scope of the IR35 intermediaries legislation if assessed using the ESI tool. Party The Buyer or the Supplier and ‘Parties’ will be interpreted accordingly. Personal Data Takes As described in the Data Protection Act 1998 (xxxx://xxx.xxxxxxxxxxx.xxx.xx/ukpga/1998/29/contents) Processing This has the meaning given in to it under the UK GDPRData Protection Act 1998 as amended but, for the purposes of this Call-Off Contract, it will include both manual and automatic processing. Personal Data Breach Takes the meaning given in the UK GDPR. Platform The government marketplace where Services are available for Buyers to buy. Processing Takes the meaning given in the UK GDPR. Processor Takes the meaning given in the UK GDPR‘Process’ and ‘processed’ will be interpreted accordingly. Prohibited act Act To directly or indirectly offer, promise or give any person working for or engaged by a Buyer or CCS a financial or other advantage to: ● induce that person to perform improperly a relevant function or activity ● reward that person for improper performance of a relevant function or activity ● commit any offence: o ○ under the Bribery Act 2010 o DRAFT ○ under legislation creating offences concerning Fraud o ○ at common Law concerning Fraud o ○ committing or attempting or conspiring to commit Fraud Project Specific IPRs Any intellectual property rights in items created or arising out of the performance by the Supplier (or by a third party on behalf of the Supplier) specifically for the purposes of this Call-Off Contract including databases, configurations, code, instructions, technical documentation and schema but not including the Supplier’s Background IPRs. Property Assets and property including technical infrastructure, IPRs and equipment. Protective Measures Appropriate technical PSN or Public Services Network The Public Services Network (PSN) is the Government’s high-performance network which helps public sector organisations work together, reduce duplication and organisational measures share resources. Regulatory Body or Bodies Government departments and other bodies which, whether under statute, codes of practice or otherwise, are entitled to investigate or influence the matters dealt with in this Call-Off Contract. Relevant Person Any employee, agent, servant, or representative of the Buyer, any other public body or person employed by or on behalf of the Buyer, or any other public body. Relevant Transfer A transfer of employment to which may include: pseudonymisation the Employment Regulations applies. Replacement Services Any services which are the same as or substantially similar to any of the Services and encrypting Personal Datawhich the Buyer receives in substitution for any of the Services after the expiry or Ending or partial Ending of the Call-Off Contract, ensuring confidentialitywhether those services are provided by the Buyer or a third party. Replacement Supplier Any third party service provider of Replacement Services appointed by the Buyer (or where the Buyer is providing replacement Services for its own account, integritythe Buyer). Services The services ordered by the Buyer as set out in the Order Form. Service Data Data that is owned or managed by the Buyer and used for the G-Cloud Services, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by itincluding backup data.

Ministry of Justice. Code The Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000. New Fair Deal The revised Fair Deal position in the HM Treasury guidance: “Fair Deal for staff pensions: staff transfer from central government” issued in October 2013 as amended. Order An order for G-Cloud Services placed by a contracting body with the Supplier in accordance with the ordering processes. Order Form The order form set out in Part A of the Call-Off Contract to be used by a Buyer to order G-Cloud Services. Ordered G-Cloud Services G-Cloud Services which are the subject of an order by the Buyer. Outside IR35 Contractual engagements which would be determined to not be within the scope of the IR35 intermediaries legislation if assessed using the ESI tool. Party The Buyer or the Supplier and ‘Parties’ will be interpreted accordingly. Personal Data Takes the meaning given in the UK GDPR. Personal Data Breach Takes the meaning given in the UK GDPR. Platform The government marketplace where Services are available for Buyers to buy. Processing Takes the meaning given in the UK GDPR. Processor Takes the meaning given in the UK GDPR. Prohibited act To directly or indirectly offer, promise or give any person working for or engaged by a Buyer or CCS a financial or other advantage to: ● induce that person to perform improperly a relevant function or activity ● reward that person for improper performance of a relevant function or activity ● commit any offence: o under the Bribery Act 2010 o under legislation creating offences concerning Fraud o at common Law concerning Fraud o committing or attempting or conspiring to commit Fraud Project Specific IPRs Any intellectual property rights in items created or arising out of the performance by the Supplier (or by a third party on behalf of the Supplier) specifically for the purposes of this Call-Call- Off Contract including databases, configurations, code, instructions, technical documentation and schema but not including the Supplier’s Background IPRs. Property Assets and property including technical infrastructure, IPRs and equipment. Protective Measures Appropriate technical and organisational measures which may include: pseudonymisation and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it.

Ministry of Justice. Code The Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000. New Fair Deal The revised Fair Deal position in the HM Treasury guidance: “Fair Deal for staff pensions: staff transfer from central government” issued in October 2013 as amended. Order An order for G-Cloud Services placed by a contracting body with the Supplier in accordance with the ordering processes. Order Form The order form set out in Part A of the Call-Off Contract to be used by a Buyer to order G-Cloud Services. Ordered G-Cloud Services G-Cloud Services which are the subject of an order by the Buyer. Outside IR35 Contractual engagements which would be determined to not be within the scope of the IR35 intermediaries legislation if assessed using the ESI tool. Party The Buyer or the Supplier and ‘Parties’ will be interpreted accordingly. Performance Indicators The performance information required by the Buyer from the Supplier set out in the Order Form. Personal Data Takes the meaning given in the UK GDPR. Personal Data Breach Takes the meaning given in the UK GDPR. Platform The government marketplace where Services are available for Buyers to buy. Processing Takes the meaning given in the UK GDPR. Processor Takes the meaning given in the UK GDPR. Prohibited act To directly or indirectly offer, promise or give any person working for or engaged by a Buyer or CCS a financial or other advantage to: ● induce that person to perform improperly a relevant function or activity ● reward that person for improper performance of a relevant function or activity ● commit any offence: o under the Bribery Act 2010 o under legislation creating offences concerning Fraud o at common Law concerning Fraud o committing or attempting or conspiring to commit Fraud Project Specific IPRs Any intellectual property rights in items created or arising out of the performance by the Supplier (or by a third party on behalf of the Supplier) specifically for the purposes of this Call-Call- Off Contract including databases, configurations, code, instructions, technical documentation and schema but not including the Supplier’s Background IPRs. Property Assets and property including technical infrastructure, IPRs and equipment. Protective Measures Appropriate technical and organisational measures which may include: pseudonymisation and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it.