Relevant Convictions. 48.1 The Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the 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 any part of the provision of the Services without Approval. 48.2 For each member of Staff 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 Supplier shall (and shall procure that the relevant Sub-contractor shall): 48.2.1 carry out a policy check with the records held by DCSF; 48.2.2 conduct thorough questioning regarding any Relevant Convictions; 48.2.3 ensure a police check is completed and such other checks as may be carried out through the Criminal Records Bureau; and 48.2.4 ensure a check for registration of the person with the Independent Safeguarding Authority is carried out and ensure that such person is not a "barred person" for the purposes of the Safeguarding Vulnerable Groups Act 2006, and the Supplier shall not (and shall ensure that any Sub-contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or an inappropriate record. APPENDIX TO SCHEDULE 4 SCHEDULE [ ] In this schedule the following provisions shall have the meanings given to them below: "Breach of Security" in accordance with the security requirements in paragraph 2.5 of the Order Form and the Security Policy, the occurrence of: (a) any unauthorised access to or use of the Services, the Premises, the Sites, the Supplier System and/or any ICT, information or data (including the Confidential Information and the Customer Data) used by the Customer and/or the Supplier in connection with this Contract; and/or (b) the loss and/or unauthorised disclosure of any information or data (including the Confidential Information and the Customer Data), including any copies of such information or data, used by the Customer and/or the Supplier in connection with this Contract;
Appears in 1 contract
Samples: Framework Agreement
Relevant Convictions. 48.1 The Supplier Service Provider shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Supplier 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 Services without the Customer's prior and express written consent. For each of the Service Provider Personnel who are providing the Services without Approval.
48.2 For each member of 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 Supplier Service Provider shall (and shall procure that the relevant Sub-contractor shall):
48.2.1 carry out a policy check with the records held by DCSF;
48.2.2 ): conduct thorough questioning regarding any Relevant Convictions;
48.2.3 ; and ensure a police check is completed and such other checks as may be carried out through the Criminal Records Bureau; and
48.2.4 ensure a check for registration of the person with the Independent Safeguarding Authority is carried out and ensure that such person is not a "barred person" for the purposes of the Safeguarding Vulnerable Groups Act 2006, and the Supplier Service Provider shall not (and shall ensure that any 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. APPENDIX TO SCHEDULE 4 SCHEDULE [ ] In this The parties have agreed to the appointment of the Key Personnel listed in schedule 4.4 (Key Personnel) as at the following provisions 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 meanings given qualifications and experience specified in schedule 4.4 (Key Personnel). The Service Provider acknowledges that the Key Personnel are essential to them below: "Breach of Security" in accordance with the security requirements in paragraph 2.5 proper provision of the Order Form 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 Security PolicyService 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 occurrence ofCustomer Relationship Manager will: (a) any unauthorised access to or use promptly notify the Service Provider in writing of the Servicesclaim, demand or action; allow the Premises, Service Provider to conduct all negotiations and proceedings and will provide the Sites, the Supplier System and/or any ICT, information or data (including the Confidential Information and the Customer Data) used Service Provider with such reasonable assistance required by the Customer and/or Service Provider, each at the Supplier in connection with this ContractService Provider’s reasonable cost, regarding the claim, demand or action; and/or and not, without the Service Provider’s consent, make an admission (bor unapproved payment) relating to the loss and/or unauthorised disclosure of any information claim, demand or data (including the Confidential Information and the Customer Data), including any copies of such information or data, used by the Customer and/or the Supplier in connection with this Contract;action.
Appears in 1 contract
Relevant Convictions. 48.1 The 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 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 any part of the provision of the Services without Approval.
48.2 . For each member of Staff 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 Supplier shall (and shall procure that the relevant Sub-contractor Contractor shall):
48.2.1 carry out a policy check with the records held by DCSF;
48.2.2 ): conduct thorough questioning regarding any Relevant Convictions;
48.2.3 ; and ensure a police check is completed and such other checks as may be carried out through the Criminal Records Bureau; and
48.2.4 ensure a check for registration of the person with the Independent Safeguarding Authority is carried out and ensure that such person is not a "barred person" for the purposes of the Safeguarding Vulnerable Groups Act 2006, and the Supplier shall not (and shall ensure that 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 an inappropriate record. APPENDIX TO SCHEDULE 4 SCHEDULE [ ] In this schedule Where the following provisions shall Supplier’s Staff is required to have a pass for admission to the meanings given to them below: "Breach of Security" in accordance with the security requirements in paragraph 2.5 of the Order Form and the Security Policy, the occurrence of: (a) any unauthorised access to or use of the Services, the Customer’s Premises, the SitesCustomer’s Representative shall, subject to satisfactory completion of approval procedures, arrange for passes to be issued. Staff who cannot produce a proper pass when required to do so by any appropriate personnel or agent of the Supplier System and/or Customer, or who contravene any ICTconditions on the basis of which the pass was issued, information may be refused admission to the Customer’s Premises or data (including be required to leave those Customer’s Premises if already there. Staff shall promptly return any pass if at any time the Confidential Information and the Customer Data) used by the Customer and/or the Supplier in connection with this Contract; and/or (b) the loss and/or unauthorised disclosure of any information or data (including the Confidential Information and the Customer Data), including any copies of such information or data, used by the Customer and/or the Supplier in connection with this Contract;Contract Manager so requires. TUPE
Appears in 1 contract
Samples: Order Form
Relevant Convictions. 48.1 6.4.7.1. The Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Supplier to have any Relevant Convictions (whether as a result of a police check or through the Criminal Records Bureau Disclosure and Barring Service (DBS) procedures or otherwise), is employed or engaged in any part of the provision of the Services without Approval.
48.2 6.4.7.2. For each member of Staff 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 Trust owes a special duty of care, the Supplier shall (and shall procure that the any relevant Sub-contractor shall):) and shall provide evidence upon request that such obligations have been met:
48.2.1 a) carry out a policy check with the records held by DCSFpolice check;
48.2.2 b) conduct thorough questioning regarding any Relevant Convictions;; and
48.2.3 ensure c) obtain a police valid disclosures check is completed and such other checks as may be carried out through the Criminal Records Bureau; and
48.2.4 ensure a check for registration Disclosure and Barring Service before the Supplier or any Sub-contractor engages the member of Staff in the provision of the person with the Independent Safeguarding Authority is carried out and ensure that such person is not a "barred person" for the purposes of the Safeguarding Vulnerable Groups Act 2006, Services; and the Supplier shall not (and shall ensure that any Sub-contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or an inappropriate record.
6.4.7.3. APPENDIX TO SCHEDULE 4 SCHEDULE [ ] In The Supplier shall monitor the level and validity of the checks under this schedule clause 6.4 for each member of staff. The Supplier shall use its reasonable endeavours to procure that the following provisions shall have Trust is advised and kept informed at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff receives a Relevant Conviction or whose previous Relevant Convictions or inappropriate record become known to the meanings given Supplier
6.4.7.4. The Supplier warrants that at all times for the purposes of this Agreement it has no reason to them below: "Breach believe that any person who is or who will be employed or engaged by the Supplier in the provision of Security" the Services is barred form the activity in accordance with the security requirements in paragraph 2.5 provisions of the Order Form Safeguarding Vulnerable Groups Act 2006 and the Security Policyany regulation made thereunder, the occurrence of: (a) any unauthorised access as amended from time to or use of the Services, the Premises, the Sites, the Supplier System and/or any ICT, information or data (including the Confidential Information and the Customer Data) used by the Customer and/or the Supplier in connection with this Contract; and/or (b) the loss and/or unauthorised disclosure of any information or data (including the Confidential Information and the Customer Data), including any copies of such information or data, used by the Customer and/or the Supplier in connection with this Contract;time.
Appears in 1 contract
Samples: Supply Agreement
Relevant Convictions. 48.1 4.3.6.1. The Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Supplier to have any Relevant Convictions (whether as a result of a police check or through the Criminal Records Bureau Disclosure and Barring Service (DBS) procedures or otherwise), ) is employed or engaged in any part of the provision of the Services without Approval.
48.2 4.3.6.2. For each member of Staff 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 Authority owes a special duty of care, the Supplier shall (and shall procure that the any relevant Sub-contractor shallshall and shall provide evidence upon request that such obligations have been met):
48.2.1 a) carry out a policy check with the records held by DCSFpolice check;
48.2.2 b) conduct thorough questioning regarding any Relevant Convictions;; and
48.2.3 ensure c) obtain a police valid enhanced disclosures check is completed and such other checks as may be carried out through the Criminal Records Bureau; and
48.2.4 ensure a check for registration Disclosure and Barring Service before the Supplier or any Sub-contractor engages the member of Staff in the provision of the person with the Independent Safeguarding Authority is carried out and ensure that such person is not a "barred person" for the purposes of the Safeguarding Vulnerable Groups Act 2006, Services; and the Supplier shall not (and shall ensure that any Sub-contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or an inappropriate record.
4.3.6.3. APPENDIX TO SCHEDULE 4 SCHEDULE [ ] In The Supplier shall monitor the level and validity of the checks under this schedule clause 4.3 for each member of staff. The Supplier shall use its reasonable endeavours to procure that the following provisions shall have Authority is advised and kept informed at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff receives a Relevant Conviction or whose previous Relevant Convictions or inappropriate record become known to the meanings given Supplier.
4.3.6.4. The Supplier warrants that at all times for the purposes of this Agreement it has no reason to them below: "Breach believe that any person who is or who will be employed or engaged by the Supplier in provision of Security" the Services is barred from the activity in accordance with the security requirements in paragraph 2.5 provisions of the Order Form Safeguarding Vulnerable Groups Act 2006 and the Security Policyany regulation made thereunder, the occurrence of: (a) any unauthorised access as amended from time to or use of the Services, the Premises, the Sites, the Supplier System and/or any ICT, information or data (including the Confidential Information and the Customer Data) used by the Customer and/or the Supplier in connection with this Contract; and/or (b) the loss and/or unauthorised disclosure of any information or data (including the Confidential Information and the Customer Data), including any copies of such information or data, used by the Customer and/or the Supplier in connection with this Contract;time.
Appears in 1 contract
Samples: Agreement Relating to the Supply of Exhibition Loans Transport Services