Common use of Offences Clause in Contracts

Offences. The Service Provider shall: comply with the Relevant Requirements; not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK; have and shall maintain in place throughout the Term its own policies and procedures, including adequate procedures under the Xxxxxxx Xxx 0000, to ensure compliance with the Relevant Requirements, and will enforce them where appropriate; and promptly report to the Purchaser any request or demand for any undue financial or other advantage of any kind received by the Service Provider in connection with the performance of this Contract. For the purpose of clause 51.1, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. The Service Provider must not commit or attempt to commit any offence of fraud, uttering, or embezzlement at common law; or of any other kind referred to in regulation 58(1) of the Public Contracts (Scotland) Regulations 2015. In performing its obligations under this Contract, the Service Provider shall, and shall ensure that each of its Sub-contractors shall, comply with the terms of the Modern Slavery Xxx 0000 and all applicable regulations and codes in force in relation thereto. The Service Provider shall: not engage in any activity, practice or conduct which would constitute either: a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Xxx 0000; or a foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Xxx 0000; have and shall maintain in place throughout the Term such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by another person and to ensure compliance with clause 51.5; promptly report to the Purchaser any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Xxx 0000, in connection with the performance of this Agreement; For the purposes of clause 51.5, the meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Xxx 0000. The Service Provider shall ensure that any person associated with the Service Provider who is performing services and providing goods in connection with this Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the Service Provider in this clause. The Service Provider shall be responsible for the observance and performance by such persons of such terms, and shall be directly liable to the Purchaser for any breach by such persons of any of those terms. For the purposes of this clause 51 a person associated with the Service Provider includes any Sub-contractor of the Service Provider.

Appears in 3 contracts

Samples: Services Contract, Services Contract, Services Contract

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Offences. The Service Provider shall: comply with the Relevant Requirements; not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK; have and shall maintain in place throughout the Term its own policies and procedures, including adequate procedures under the Xxxxxxx Xxx 0000, to ensure compliance with the Relevant Requirements, and will enforce them where appropriate; and promptly report to the Purchaser any request or demand for any undue financial or other advantage of any kind received by the Service Provider in connection with the performance of this Contract. For the purpose of clause 51.1, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. The Service Provider must not commit or attempt to commit any offence of fraud, uttering, or embezzlement at common law; or of any other kind referred to in regulation 58(1) of the Public Contracts (Scotland) Regulations 2015. In performing its obligations under this Contract, the Service Provider shall, and shall ensure that each of its Sub-contractors shall, comply with the terms of the Modern Slavery Xxx 0000 and all applicable regulations and codes in force in relation thereto. The Service Provider shall: not engage in any activity, practice or conduct which would constitute either: a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Xxx 0000; or a foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Xxx 0000; have and shall maintain in place throughout the Term such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by another person and to ensure compliance with clause 51.551.4; promptly report to the Purchaser any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Xxx 0000, in connection with the performance of this Agreement; Contract. For the purposes of clause 51.551.4, the meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Xxx 0000. The Service Provider shall ensure that any person associated with the Service Provider who is performing services and providing goods in connection with this Agreement Contract does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the Service Provider in this clause. The Service Provider shall be responsible for the observance and performance by such persons of such terms, and shall be directly liable to the Purchaser for any breach by such persons of any of those terms. For the purposes of this clause 51 51. a person associated with the Service Provider includes any Sub-contractor of the Service Provider.

Appears in 1 contract

Samples: Services Contract

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Offences. The Service Provider shall: comply with the Relevant Requirements; not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK; have and shall maintain in place throughout the Term its own policies and procedures, including adequate procedures under the Xxxxxxx Xxx 0000, to ensure compliance with the Relevant Requirements, and will enforce them where appropriate; and promptly report to the Purchaser any request or demand for any undue financial or other advantage of any kind received by the Service Provider in connection with the performance of this Contract. For the purpose of clause 51.1, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. The Service Provider must not commit or attempt to commit any offence of fraud, uttering, or embezzlement at common law; or of any other kind referred to in regulation 58(1) of the Public Contracts (Scotland) Regulations 2015. In performing its obligations under this Contract, the Service Provider shall, and shall ensure that each of its Sub-contractors shall, comply with the terms of the Modern Slavery Xxx 0000 and all applicable regulations and codes in force in relation thereto. The Service Provider shall: not engage in any activity, practice or conduct which would constitute either: a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Xxx 0000; or a foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Xxx 0000; have and shall maintain in place throughout the Term such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by another person and to ensure compliance with clause 51.551.4; promptly report to the Purchaser any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Xxx 0000, in connection with the performance of this Agreement; Contract. For the purposes of clause 51.551.4, the meaning of reasonable prevention procedure shall be determined in accordance with any guidance issued under section 47 of the Criminal Finances Xxx 0000. The Service Provider shall ensure that any person associated with the Service Provider who is performing services and providing goods in connection with this Agreement Contract does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the Service Provider in this clause. The Service Provider shall be responsible for the observance and performance by such persons of such terms, and shall be directly liable to the Purchaser for any breach by such persons of any of those terms. For the purposes of this clause 51 a person associated with the Service Provider includes any Sub-contractor of the Service Provider.

Appears in 1 contract

Samples: Services Contract

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