Common use of Relevant Convictions Clause in Contracts

Relevant Convictions. The Service Provider shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Service Provider or Customer (and notified to the Service Provider) to have any Relevant Convictions (whether as a result of a police check or through the Criminal Records Bureau procedures or otherwise), is employed or engaged in the provision of any part of the Services without the Customer's prior and express written consent. For each of the Service Provider Personnel who are providing the Services who, in providing the Services, has, will have or is likely to have, access to children, vulnerable persons or other members of the public to whom the Customer owes a special duty of care the Service Provider shall (and shall procure that the relevant Sub-contractor shall): conduct thorough questioning regarding any Relevant Convictions; and ensure a police check is completed and such other checks as may be carried out through the Criminal Records Bureau, and the Service Provider shall not (and shall ensure that a Sub-contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or what would reasonably be regarded as an inappropriate record. Key Personnel The parties have agreed to the appointment of the Key Personnel listed in schedule 4.4 (Key Personnel) as at the Effective Date. The Service Provider shall and shall procure that any Sub-contractor shall: except in circumstances outside the Service Provider’s control, obtain the prior written consent of the Customer Relationship Manager before removing or replacing any member of the Key Personnel from their corresponding role during the Term (including when carrying out Exit Management); and where possible provide at least three (3) months written notice of its intention to replace any member of Key Personnel from their corresponding role. The Customer Relationship Manager shall not unreasonably delay or withhold its consent to the appointment of a replacement to any relevant member of Key Personnel by the Service Provider or Sub-contractor. The Service Provider will submit the name, relevant qualifications and experience of a proposed replacement person to the Customer Relationship Manager for acceptance. The Customer Relationship Manager may interview the candidates for Key Personnel roles before such candidate is appointed to such role. For the avoidance of doubt the Customer Relationship Manager will be entitled to reject a candidate if his relevant qualifications and/or experience are not appropriate for the role he is going to perform and if he does not have the qualifications and experience specified in schedule 4.4 (Key Personnel). The Service Provider acknowledges that the Key Personnel are essential to the proper provision of the Services to the Customer. The Service Provider shall ensure that the role of any Key Personnel is not vacant for any longer than ten (10) Working Days and that any replacement shall be qualified, experienced and competent as the previous incumbent of such role and fully competent to carry out the tasks assigned to the role of the member of Key Personnel whom he or she has replaced and has the relevant qualifications and experience specified in schedule 4.4 (Key Personnel). The Service Provider shall ensure that each of the Key Personnel shall work for such a period of time in the performance of the Services that is commensurate with and sufficient to perform the obligation of that person's role unless the Customer Relationship Manager otherwise gives its prior written consent. To the extent that it can do so without disregarding its statutory and contractual obligations, the Service Provider shall take all reasonable steps to ensure that it retains the services of all the Key Personnel. The Customer Relationship Manager may identify any of the roles performed by Service Provider Personnel as Key Personnel, who will then be included on the list of Key Personnel by the Service Provider. The Customer Relationship Manager may make a written demand setting out its reasons and requiring the Service Provider to remove any member of the Key Personnel that the Customer Relationship Manager considers in any respect unsatisfactory. The Customer shall not be liable for the cost of replacing any member appointed to a Key Personnel role and the Service Provider shall indemnify and keep indemnified the Customer against all reasonable Employee Liabilities that may arise directly in this respect. In the event of any claim, demand or action to which the indemnity in clause 25 (The Service Provider Personnel) or clause 35 (Key Personnel) applies, the Customer Relationship Manager will: promptly notify the Service Provider in writing of the claim, demand or action; allow the Service Provider to conduct all negotiations and proceedings and will provide the Service Provider with such reasonable assistance required by the Service Provider, each at the Service Provider’s reasonable cost, regarding the claim, demand or action; and not, without the Service Provider’s consent, make an admission (or unapproved payment) relating to the claim, demand or action.

Relevant Convictions. The Service Provider Supplier shall comply with all relevant policies, procedures, rules, regulations and reasonable requirements (including those relating to security arrangements) of the Customer whilst present at and engaged within the boundaries of the Customer’s Premises. The Customer shall provide copies of its relevant written policies and procedures to the Supplier upon reasonable request. The Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Service Provider or Customer (and notified to the Service Provider) Supplier to have any Relevant Convictions (whether as a result of a police check or through the Criminal Records Bureau procedures or otherwise), is employed or engaged in the provision of any part of the provision of the Services without the Customer's prior and express written consentApproval. For each member of the Service Provider Personnel who are providing the Services Staff who, in providing the Services, has, will have or is likely to have, have access to children, vulnerable persons or other members of the public to whom the Customer owes a special duty of care care, the Service Provider Supplier shall (and shall procure that the relevant Sub-contractor Contractor shall): conduct thorough questioning regarding any Relevant Convictions; and ensure a police check is completed and such other checks as may be carried out through the Criminal Records Bureau, and the Service Provider Supplier shall not (and shall ensure that a any Sub-contractor Contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or what would reasonably be regarded as an inappropriate record. Key Personnel The parties Where the Supplier’s Staff is required to have agreed to the appointment of the Key Personnel listed in schedule 4.4 (Key Personnel) as at the Effective Date. The Service Provider shall and shall procure that any Sub-contractor shall: except in circumstances outside the Service Provider’s control, obtain the prior written consent of the Customer Relationship Manager before removing or replacing any member of the Key Personnel from their corresponding role during the Term (including when carrying out Exit Management); and where possible provide at least three (3) months written notice of its intention to replace any member of Key Personnel from their corresponding role. The Customer Relationship Manager shall not unreasonably delay or withhold its consent to the appointment of a replacement to any relevant member of Key Personnel by the Service Provider or Sub-contractor. The Service Provider will submit the name, relevant qualifications and experience of a proposed replacement person to the Customer Relationship Manager pass for acceptance. The Customer Relationship Manager may interview the candidates for Key Personnel roles before such candidate is appointed to such role. For the avoidance of doubt the Customer Relationship Manager will be entitled to reject a candidate if his relevant qualifications and/or experience are not appropriate for the role he is going to perform and if he does not have the qualifications and experience specified in schedule 4.4 (Key Personnel). The Service Provider acknowledges that the Key Personnel are essential to the proper provision of the Services admission to the Customer’s Premises, the Customer’s Representative shall, subject to satisfactory completion of approval procedures, arrange for passes to be issued. The Service Provider shall ensure that Staff who cannot produce a proper pass when required to do so by any appropriate personnel or agent of the role Customer, or who contravene any conditions on the basis of any Key Personnel is not vacant for any longer than ten (10) Working Days and that any replacement shall which the pass was issued, may be qualified, experienced and competent as the previous incumbent of such role and fully competent to carry out the tasks assigned refused admission to the role of Customer’s Premises or be required to leave those Customer’s Premises if already there. Staff shall promptly return any pass if at any time the member of Key Personnel whom he or she has replaced and has the relevant qualifications and experience specified in schedule 4.4 (Key Personnel)Contract Manager so requires. The Service Provider shall ensure that each of the Key Personnel shall work for such a period of time in the performance of the Services that is commensurate with and sufficient to perform the obligation of that person's role unless the Customer Relationship Manager otherwise gives its prior written consent. To the extent that it can do so without disregarding its statutory and contractual obligations, the Service Provider shall take all reasonable steps to ensure that it retains the services of all the Key Personnel. The Customer Relationship Manager may identify any of the roles performed by Service Provider Personnel as Key Personnel, who will then be included on the list of Key Personnel by the Service Provider. The Customer Relationship Manager may make a written demand setting out its reasons and requiring the Service Provider to remove any member of the Key Personnel that the Customer Relationship Manager considers in any respect unsatisfactory. The Customer shall not be liable for the cost of replacing any member appointed to a Key Personnel role and the Service Provider shall indemnify and keep indemnified the Customer against all reasonable Employee Liabilities that may arise directly in this respect. In the event of any claim, demand or action to which the indemnity in clause 25 (The Service Provider Personnel) or clause 35 (Key Personnel) applies, the Customer Relationship Manager will: promptly notify the Service Provider in writing of the claim, demand or action; allow the Service Provider to conduct all negotiations and proceedings and will provide the Service Provider with such reasonable assistance required by the Service Provider, each at the Service Provider’s reasonable cost, regarding the claim, demand or action; and not, without the Service Provider’s consent, make an admission (or unapproved payment) relating to the claim, demand or action.TUPE

Relevant Convictions. This Clause shall apply if the Customer has so specified in the Order Form. The Service Provider Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Service Provider or Customer (and notified to the Service Provider) to have any Relevant Convictions (whether as a result of a police check or through the Criminal Records Bureau procedures or otherwise), is employed or engaged in the provision of any part of the provision of the Services without the Customer's prior and express written consentApproval. For each member of the Service Provider Personnel who are providing the Services Supplier Staff who, in providing the Services, has, will have or is likely to have, have access to children, vulnerable persons or other members of the public to whom the Customer owes a special duty of care care, the Service Provider Supplier shall (and shall procure that the relevant Sub-contractor Contractor shall): carry out a check with the records held by the Department for Education (DfE); conduct thorough questioning regarding any Relevant Convictions; and ensure a police check is completed and such other checks as may be carried out through the Criminal Records Bureau, and the Service Provider Supplier shall not (and shall ensure that a any Sub-contractor Contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or what would reasonably be regarded as an inappropriate record.] ADDITIONAL STAFFING SECURITY This Clause 0 shall apply if the Customer has so stipulated in the Order Form. Key Personnel The parties have agreed to Supplier shall comply with the appointment Staff Vetting Procedures in respect of all or part of the Key Personnel listed in schedule 4.4 Supplier Staff (Key Personnelas specified by the Customer) as at and/or any other relevant instruction, guidance or procedure issued by the Effective Date. The Service Provider shall Customer that will be used to specify the level of staffing security required and shall procure that any Sub-contractor shall: except in circumstances outside to vet the Service Provider’s control, obtain the prior written consent Supplier Staff (or part of the Customer Relationship Manager before removing or replacing any member of the Key Personnel from their corresponding role during the Term (including when carrying out Exit Management); and where possible provide at least three (3) months written notice of its intention to replace any member of Key Personnel from their corresponding role. The Customer Relationship Manager shall not unreasonably delay or withhold its consent to the appointment of a replacement to any relevant member of Key Personnel by the Service Provider or Sub-contractor. The Service Provider will submit the name, relevant qualifications and experience of a proposed replacement person to the Customer Relationship Manager for acceptance. The Customer Relationship Manager may interview the candidates for Key Personnel roles before such candidate is appointed to such role. For the avoidance of doubt the Customer Relationship Manager will be entitled to reject a candidate if his relevant qualifications and/or experience are not appropriate for the role he is going to perform and if he does not have the qualifications and experience specified in schedule 4.4 (Key PersonnelSupplier Staff). The Service Provider acknowledges Supplier confirms that, at the Commencement Date, the Supplier Staff were vetted and recruited on a basis that is equivalent to and no less strict than the Key Personnel are essential to the proper provision of the Services to Staff Vetting Procedures and/or any other relevant instruction, guidance or procedure as specified by the Customer. STAFF VETTING Personnel security vetting is designed to provide Departments with appropriate levels of assurance about all those employees who, in the course of their work, require access to sensitive Government information, or other important or valuable assets. The Service Provider shall ensure vetting process involves investigation of an individual’s circumstances to identify anything that might lead them to commit a security breach. Please note that a condition of award for all potential supplier staff, to be carried out after the role of any Key Personnel Intention to Award Notification but before the Commencement Date, is not vacant for any longer than ten (10) Working Days and that any replacement shall be qualified, experienced and competent as the previous incumbent of such role and fully competent to carry out the tasks assigned to the role completion of the HMG Baseline Personnel Security Standard (BPSS). BPSS is a mandatory staff vetting procedure for each member of Key Personnel whom he contractor (and sub-contractor) staff who have access to Departmental Assets. Department Assets are defined as premises, systems, information or she has replaced and has the relevant qualifications and experience specified in schedule 4.4 (Key Personnel). The Service Provider shall ensure that each of the Key Personnel shall work for such a period of time in the performance of the Services that is commensurate with and sufficient to perform the obligation of that person's role unless the Customer Relationship Manager otherwise gives its prior written consent. To the extent that it can do so without disregarding its statutory and contractual obligations, the Service Provider shall take all reasonable steps to ensure that it retains the services of all the Key Personnel. The Customer Relationship Manager may identify any of the roles performed by Service Provider Personnel as Key Personnel, who will then be included on the list of Key Personnel by the Service Provider. The Customer Relationship Manager may make a written demand setting out its reasons and requiring the Service Provider to remove any member of the Key Personnel that the Customer Relationship Manager considers in any respect unsatisfactory. The Customer shall not be liable for the cost of replacing any member appointed to a Key Personnel role and the Service Provider shall indemnify and keep indemnified the Customer against all reasonable Employee Liabilities that may arise directly in this respect. In the event of any claim, demand or action to which the indemnity in clause 25 (The Service Provider Personnel) or clause 35 (Key Personnel) applies, the Customer Relationship Manager will: promptly notify the Service Provider in writing of the claim, demand or action; allow the Service Provider to conduct all negotiations and proceedings and will provide the Service Provider with such reasonable assistance required by the Service Provider, each at the Service Provider’s reasonable cost, regarding the claim, demand or action; and not, without the Service Provider’s consent, make an admission (or unapproved payment) relating to the claim, demand or actiondata.

Relevant Convictions. This Clause shall apply if the Customer has so specified in the Order Form. The Service Provider Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Service Provider or Customer (and notified to the Service Provider) to have any Relevant Convictions (whether as a result of a police check or through the Criminal Records Bureau procedures or otherwise), is employed or engaged in the provision of any part of the provision of the Services without the Customer's prior and express written consentApproval. For each member of the Service Provider Personnel who are providing the Services Supplier Staff who, in providing the Services, has, will have or is likely to have, have access to children, vulnerable persons or other members of the public to whom the Customer owes a special duty of care care, the Service Provider Supplier shall (and shall procure that the relevant Sub-contractor Contractor shall): carry out a check with the records held by the Department for Education (DfE); conduct thorough questioning regarding any Relevant Convictions; and ensure a police check is completed and such other checks as may be carried out through the Criminal Records Bureau, and the Service Provider Supplier shall not (and shall ensure that a any Sub-contractor Contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or what would reasonably be regarded as an inappropriate record.] ADDITIONAL STAFFING SECURITY This Clause shall apply if the Customer has so stipulated in the Order Form. Key Personnel The parties have agreed to Supplier shall comply with the appointment Staff Vetting Procedures in respect of all or part of the Key Personnel listed in schedule 4.4 Supplier Staff (Key Personnelas specified by the Customer) as at and/or any other relevant instruction, guidance or procedure issued by the Effective Date. The Service Provider shall Customer that will be used to specify the level of staffing security required and shall procure that any Sub-contractor shall: except in circumstances outside to vet the Service Provider’s control, obtain the prior written consent Supplier Staff (or part of the Customer Relationship Manager before removing or replacing any member of the Key Personnel from their corresponding role during the Term (including when carrying out Exit Management); and where possible provide at least three (3) months written notice of its intention to replace any member of Key Personnel from their corresponding role. The Customer Relationship Manager shall not unreasonably delay or withhold its consent to the appointment of a replacement to any relevant member of Key Personnel by the Service Provider or Sub-contractor. The Service Provider will submit the name, relevant qualifications and experience of a proposed replacement person to the Customer Relationship Manager for acceptance. The Customer Relationship Manager may interview the candidates for Key Personnel roles before such candidate is appointed to such role. For the avoidance of doubt the Customer Relationship Manager will be entitled to reject a candidate if his relevant qualifications and/or experience are not appropriate for the role he is going to perform and if he does not have the qualifications and experience specified in schedule 4.4 (Key PersonnelSupplier Staff). The Service Provider acknowledges Supplier confirms that, at the Commencement Date, the Supplier Staff were vetted and recruited on a basis that is equivalent to and no less strict than the Key Personnel are essential to the proper provision of the Services to Staff Vetting Procedures and/or any other relevant instruction, guidance or procedure as specified by the Customer. STAFF VETTING Personnel security vetting is designed to provide Departments with appropriate levels of assurance about all those employees who, in the course of their work, require access to sensitive Government information, or other important or valuable assets. The Service Provider shall ensure vetting process involves investigation of an individual’s circumstances to identify anything that might lead them to commit a security breach. Please note that a condition of award for all potential supplier staff, to be carried out after the role of any Key Personnel Intention to Award Notification but before the Commencement Date, is not vacant for any longer than ten (10) Working Days and that any replacement shall be qualified, experienced and competent as the previous incumbent of such role and fully competent to carry out the tasks assigned to the role completion of the HMG Baseline Personnel Security Standard (BPSS). BPSS is a mandatory staff vetting procedure for each member of Key Personnel whom he contractor (and sub-contractor) staff who have access to Departmental Assets. Department Assets are defined as premises, systems, information or she has replaced and has the relevant qualifications and experience specified in schedule 4.4 (Key Personnel). The Service Provider shall ensure that each of the Key Personnel shall work for such a period of time in the performance of the Services that is commensurate with and sufficient to perform the obligation of that person's role unless the Customer Relationship Manager otherwise gives its prior written consent. To the extent that it can do so without disregarding its statutory and contractual obligations, the Service Provider shall take all reasonable steps to ensure that it retains the services of all the Key Personnel. The Customer Relationship Manager may identify any of the roles performed by Service Provider Personnel as Key Personnel, who will then be included on the list of Key Personnel by the Service Provider. The Customer Relationship Manager may make a written demand setting out its reasons and requiring the Service Provider to remove any member of the Key Personnel that the Customer Relationship Manager considers in any respect unsatisfactory. The Customer shall not be liable for the cost of replacing any member appointed to a Key Personnel role and the Service Provider shall indemnify and keep indemnified the Customer against all reasonable Employee Liabilities that may arise directly in this respect. In the event of any claim, demand or action to which the indemnity in clause 25 (The Service Provider Personnel) or clause 35 (Key Personnel) applies, the Customer Relationship Manager will: promptly notify the Service Provider in writing of the claim, demand or action; allow the Service Provider to conduct all negotiations and proceedings and will provide the Service Provider with such reasonable assistance required by the Service Provider, each at the Service Provider’s reasonable cost, regarding the claim, demand or action; and not, without the Service Provider’s consent, make an admission (or unapproved payment) relating to the claim, demand or actiondata.