Common use of SAFEGUARDING CHILDREN AND VULNERABLE ADULTS Clause in Contracts

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 The parties acknowledge that the Service Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. 10.2 The Service Provider shall ensure that prior to engaging any individuals in the provision of the Services, all individuals are: (a) subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) the Service Provider shall monitor the level and validity of the checks under this clause 10.2 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 The Service Provider shall immediately notify the Authority of any information that the Authority reasonably requests to enable it to be satisfied that the obligations of this clause 10 have been met. 10.6 The Service Provider shall refer information about any person carrying out the Services to the DBS where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and vulnerable adults. 10.7 The Service Provider shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 The parties acknowledge that the Service Provider Supplier is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement Contract and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. 10.2 Act 2006 The Service Provider shall Supplier shall: ensure that prior all the Supplier’s Personnel who are registered health care workers (including but not limited to engaging any individuals in the provision of the Servicesmedical doctors, all individuals are: (asurgeons and nurses) are subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) including on an annual basis and hold a check against valid DBS at all times when providing the adults' barred list or the children's barred list, as appropriateServices; and (b) the Service Provider shall and monitor the level and validity of the checks under this clause 10.2 29 for each member of staffthe Supplier’s Personnel; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Supplier warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider in the provision of the Services is Supplier’s Personnel are barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 . The Service Provider Supplier shall immediately notify the Authority of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 29 have been met. 10.6 . The Service Provider Supplier shall refer information about any person of the Supplier’s Personnel carrying out the Services to the DBS where it removes permission for such person that member of the Supplier’s Personnel to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and vulnerable adults. 10.7 The Service Provider shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 2 contracts

Samples: Call Off Contract, Call Off Contract

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 15.1 The parties Parties acknowledge that the Service Provider Contractor is not likely to fall within the definition of a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. However, the Contractor shall be required to perform its Services on School premises that may bring the Contractor into close proximity or contact with Children and vulnerable adults. 10.2 15.2 The Service Provider shall Contractor shall: 15.2.1 ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals are: (a) Services are subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) the Service Provider shall 15.2.2 monitor the level and validity of the checks under this clause 10.2 for each member of staff. Staff and supply details of these to the DBS certificates resulting from such checks shall be made available School for inspection by inclusion in the Authority on request by the AuthoritySchool’s ‘Single Central Record’. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) 15.3 The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Contractor warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider Contractor in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 15.4 The Service Provider Contractor shall immediately notify the Authority School of any information Information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 15 have been met. 10.6 15.5 The Service Provider Contractor shall refer information Information about any person carrying out the Services to the DBS where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any [service users including children and users/children/vulnerable adults]. 10.7 15.6 The Service Provider Contractor shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear 15.7 Failure by the cost of all checks on the Service Provider’s Personnel required in accordance Contractor to comply with its obligations under this clause 1015 may be regarded as a fundamental breach of this Agreement.

Appears in 1 contract

Samples: Catering Services Agreement

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 15.1 The parties acknowledge that where the Service Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Xxxxxxxx Xxx 0000., then: 10.2 15.2 The Service Provider shall ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals Services are: (a) subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) the Service Provider shall monitor the level and validity of the checks under this clause 10.2 15.2 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 15.3 The Service Provider warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Xxxxxxxx Xxx 0000 and any regulations made thereunder, as amended from time to time. 10.5 15.4 The Service Provider shall immediately notify the Authority of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 15 have been met. 10.6 15.5 The Service Provider shall refer information about any person carrying out the Services to the DBS Disclosure and Barring Service where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including users, children and or vulnerable adults. 10.7 15.6 The Service Provider shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 1 contract

Samples: CCTV Service Agreement

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 12.1 Clauses 12.2 to 12.9 shall apply where stipulated in the Contract Particulars. Notwithstanding clauses 12.1 – 12.9, Clause 12.10 shall apply to all Suppliers. 12.2 The parties Parties acknowledge that the Service Provider Supplier is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement Contract and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000Act 2006. 10.2 12.3 The Service Provider Supplier shall ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals Services are: (a) 12.3.1 subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) 12.3.2 the Service Provider Supplier shall monitor the level and validity of the checks under this clause 10.2 12.3 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) 12.4 The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Supplier warrants that at all times for the purposes of this agreement Contract it has no reason to believe that any person who is or will be employed or engaged by the Service Provider Supplier in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 12.5 The Service Provider Supplier shall immediately notify provide the Authority of Council with any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 12 have been met. 10.6 12.6 The Service Provider Supplier shall refer information about any person carrying out the Services to the DBS Independent Safeguarding Authority where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and users/children/vulnerable adults. 10.7 12.7 The Service Provider Supplier shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service 12.8 Where the Services are provided to any adult, the Supplier shall comply at all times with the current Xxxxxx Keynes Safeguarding Adults Multi Agency Policy and Procedures (June 2015) and any amendments and additions to the document 12.9 Where the Services are provided to any persons aged 16 years and above, the Supplier shall comply with and shall ensure that all its Staff comply with the Mental Capacity Act 2005 and with the current Xxxxxx Keynes Mental Capacity Act – Deprivation of Liberty Safeguards (XxXX) Policy and Practice Guidance (April 2015) and any amendments and additions to the document. 12.10 To the extent that the Supplier is not a Regulated Activity Provider within the meaning of Safeguarding Vulnerable Groups Act 2006, the Supplier shall bear nevertheless ensure that, where delivery of the cost Services brings any of all checks its Staff into contact with children and/or vulnerable adults, such Staff shall be appropriately checked and appropriately trained on the Service Provider’s Personnel required in accordance with this clause 10issues of safe working practices and on issues of safeguarding children and vulnerable adults from harm.

Appears in 1 contract

Samples: Supplier Agreement

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 12.1 Clauses 12.2 to 12.9 shall apply where stipulated in the Contract Particulars. Notwithstanding clauses 12.1 – 12.9, Clause 12.10 shall apply to all Suppliers. 12.2 The parties Parties acknowledge that the Service Provider Supplier is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement Contract and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000Act 2006. 10.2 12.3 The Service Provider Supplier shall ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals Services are: (a) 12.3.1 subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) 12.3.2 the Service Provider Supplier shall monitor the level and validity of the checks under this clause 10.2 12.3 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) 12.4 The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Supplier warrants that at all times for the purposes of this agreement Contract it has no reason to believe that any person who is or will be employed or engaged by the Service Provider Supplier in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 12.5 The Service Provider Supplier shall immediately notify provide the Authority of Council with any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 12 have been met. 10.6 12.6 The Service Provider Supplier shall refer information about any person carrying out the Services to the DBS Independent Safeguarding Authority where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and users/children/vulnerable adults. 10.7 12.7 The Service Provider Supplier shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service 12.8 Where the Services are provided to any adult, the Supplier shall comply at all times with the current Xxxxxx Keynes Safeguarding Adults Multi Agency Policy and Procedures (July 2016) and any amendments and additions to the document. Where the Services are provided to children, the Supplier shall comply at all times with Milton Keynes Safeguarding Children Procedures Manual and any amendments and additions. 12.9 Where the Services are provided to any persons aged 16 years and above, the Supplier shall comply with and shall ensure that all its Staff comply with the Mental Capacity Act 2005 and with the current Xxxxxx Keynes Mental Capacity Act – Deprivation of Liberty Safeguards (XxXX) Policy and Practice Guidance (April 2015) and any amendments and additions to the document. 12.10 To the extent that the Supplier is not a Regulated Activity Provider within the meaning of Safeguarding Vulnerable Groups Act 2006, the Supplier shall bear nevertheless ensure that, where delivery of the cost Services brings any of all checks its Staff into contact with children and/or vulnerable adults, such Staff shall be appropriately checked and appropriately trained on the Service Provider’s Personnel required in accordance with this clause 10issues of safe working practices and on issues of safeguarding children and vulnerable adults from harm.

Appears in 1 contract

Samples: Supplier Agreement

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 ‌ 13.1 This clause 13 shall apply where stipulated in the Contract Particulars. 13.2 The parties acknowledge that the Service Provider Contractor is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. 10.2 13.3 The Service Provider Contractor shall ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals are:Services are:‌ (a) 13.3.1 subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) 13.3.2 the Service Provider Contractor shall monitor the level and validity of the checks under this clause 10.2 13.3 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) 13.4 The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Contractor warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider Contractor in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 13.5 The Service Provider Contractor shall immediately notify the Authority Council of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 13 have been met. 10.6 13.6 The Service Provider Contractor shall refer information about any person carrying out the Services to the DBS ISA where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and users/children/vulnerable adults. 10.7 13.7 The Service Provider Contractor shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 1 contract

Samples: Services Agreement

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 16.1 The parties acknowledge that the Service Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement Contract and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000Act 2006 (as amended by the Protection of Freedoms Act 2012). 10.2 16.2 The Service Provider shall ensure that prior to engaging any individuals in the provision of the Services, all individuals areshall: (a) ensure that all individuals engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS”) including a check against the adults' barred list or the children's barred list, as appropriate); and (b) the Service Provider shall monitor the level and validity of the checks under this clause 10.2 Clause 16.2 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) not employ or use the individual has signed up services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to the DBS update carry out Regulated Activity or who may otherwise present a risk to service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its resultusers. 10.4 16.3 The Service Provider warrants that at all times for the purposes of this agreement Contract it has no reason to believe that any person who is or will be employed or engaged by the Service Provider in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 16.4 The Service Provider shall immediately notify the Authority of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 Clause 16 have been met. 10.6 16.5 The Service Provider shall as soon as possible, and in any event within one Working Day, notify the Authority’s Local Authority Designated Officer (LADO) and Contract Manager of any safeguarding concern, allegation, or incident relating to its staff and volunteers under The Working Together 2015 guidelines to protect children by contacting the Authority’s Multi-Agency Safeguarding Hub (MASH). 16.6 On receipt of a request from the Authority's Contract Manager, the Service Provider shall at its own cost attend and form part of: (a) a child protection conference meeting; (b) a team around the child; (c) a core group meeting of professionals to support the child; and/or (d) a child in need review meeting. 16.7 The Service Provider shall refer information about any person carrying out the Services to the DBS where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any {the service users including OR children and OR vulnerable adults}. 10.7 The Service Provider shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 1 contract

Samples: Contract for the Provision of Services

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 9.1. The parties Parties acknowledge that the Service Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of Agreement as these terms are defined in the Safeguarding Vulnerable Groups Xxx 0000.Act 2006 (as amended by the Protection of Freedoms Act 2012) 10.2 9.2. The Service Provider shall shall: a. ensure that prior to engaging any individuals in the provision of the Services, all individuals are: (a) engaged in Regulated Activity are subject to a valid enhanced disclosure check for Regulated Activity undertaken through the Disclosure and Barring Service (DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and); (b) the Service Provider shall b. monitor the level and validity of the checks under this clause 10.2 Clause 9.2 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individualProvider’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individualPersonnel; and (d) c. not employ or use the Service Provider warrants services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to the Authority that it has carried carry out an update check on that individual with the DBS and is satisfied as Regulated Activity or who may otherwise present a risk to its resultservice users. 10.4 9.3. The Service Provider warrants that at all times for the purposes of this agreement Agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 9.4. The Service Provider shall immediately notify the Authority of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 Clause 9 have been met. 10.6 9.5. The Service Provider shall refer information about as soon as possible, and in any person carrying out event within one Working Day, notify the Services Authority’s Local Authority Designated Officer (LADO) and Contract Manager of any safeguarding concern, allegation, or incident relating to its staff and volunteers under The Working Together 2015 guidelines to protect children by contacting the DBS where it removes permission for such person to carry out the Services Authority’s Multi-Agency Safeguarding Hub (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and vulnerable adultsMASH). 10.7 The 9.6. On receipt of a request from the Authority's Contract Manager, the Service Provider shall not employ or use at its own cost attend and form part of: a. a child protection conference meeting; b. a team around the services child; c. a core group meeting of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable professionals to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear support the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.child; and/or

Appears in 1 contract

Samples: Contract for the Provision of Services

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 The parties acknowledge that the Service Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. 10.2 The Service Provider shall ensure that prior to engaging any individuals in the provision of the ServicesServices (which for the avoidance of any doubt shall include all Drivers and Passenger Assistants), all individuals are: (a) subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) the Service Provider shall monitor the level and validity of the checks under this clause 10.2 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 The Service Provider shall immediately notify the Authority of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 have been met. 10.6 The Service Provider shall refer information about any person carrying out the Services to the DBS where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and vulnerable adults. 10.7 The Service Provider shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 1 contract

Samples: Service Agreement

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SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 ‌ 12.1 Clauses 12.2 to 12.9 shall apply where stipulated in the Contract Particulars. Notwithstanding clauses 12.1 – 12.9, Clause 12.10 shall apply to all Suppliers. 12.2 The parties Parties acknowledge that the Service Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement Contract and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000Act 2006. 10.2 12.3 The Service Provider Supplier shall ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals are:Services are:‌ (a) 12.3.1 subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) 12.3.2 the Service Provider Supplier shall monitor the level and validity of the checks under this clause 10.2 12.3 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) 12.4 The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Supplier warrants that at all times for the purposes of this agreement Contract it has no reason to believe that any person who is or will be employed or engaged by the Service Provider Supplier in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 12.5 The Service Provider Supplier shall immediately notify provide the Authority of Council with any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 12 have been met. 10.6 12.6 The Service Provider Supplier shall refer information about any person carrying out the Services to the DBS Independent Safeguarding Authority where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and users/children/vulnerable adults. 10.7 12.7 The Service Provider Supplier shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service 12.8 Where the Services are provided to any adult, the Supplier shall comply at all times with the current Xxxxxx Keynes Safeguarding Adults Multi Agency Policy and Procedures (June 2015) and any amendments and additions to the document. 12.9 Where the Services are provided to any persons aged 16 years and above, the Supplier shall comply with and shall ensure that all its Staff comply with the Mental Capacity Act 2005 and with the current Xxxxxx Keynes Mental Capacity Act – Deprivation of Liberty Safeguards (XxXX) Policy and Practice Guidance (April 2015) and any amendments and additions to the document. 12.10 To the extent that the Supplier is not a Regulated Activity Provider within the meaning of Safeguarding Vulnerable Groups Act 2006, the Supplier shall bear nevertheless ensure that, where delivery of the cost Services brings any of its Staff into contact with children and/or vulnerable adults, it shall comply with all checks relevant provisions under this Contract including the Specification and such Staff shall be appropriately checked and appropriately trained on the Service Provider’s Personnel required in accordance with this clause 10issues of safe working practices and on issues of safeguarding children and vulnerable adults from harm.

Appears in 1 contract

Samples: Supplier Agreement

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 The parties acknowledge that the Service Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement agreement, including sub contractors, and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. 10.2 Act 2006. The Service Provider shall ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals Services are: (a) : subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) and the Service Provider shall monitor the level and validity of the checks under this clause 10.2 Condition 7.2 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 . The Service Provider shall immediately notify the Authority Employer of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 Condition 7 have been met. 10.6 . The Service Provider shall refer information about any person carrying out the Services to the DBS Disclosure and Barring Service where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and users/children/vulnerable adults. 10.7 . The Service Provider shall not employ or use the services of any person person, who will have contact to with learners or access to their records, who is barred from, from or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service . If the Employer reasonably believes that any of the Staff are unsuitable to undertake work in respect of this Agreement, it may, by giving written notice to the Provider: refuse admission to the relevant person(s) to the Employer’s premises; direct the Provider to end the involvement in the provision of the Services of the relevant person(s); and/or require that the Provider replace any person removed under this clause with another suitably qualified person and procure that any security pass issued by the Employer to the person removed is surrendered; and the Provider shall bear the cost of comply with any such notice. The Provider shall: ensure that all checks on the Service Provider’s Personnel required Staff are vetted in accordance with the Staff Vetting Procedures; if requested, provide the Employer with a list of the names and addresses (and any other relevant information) of all persons who may require admission to the Employer’s premises in connection with this clause 10Agreement; and procure that all Staff comply with any rules, regulations and requirements reasonably specified by the Employer. The Training Provider shall not without the prior written consent of the Employer assign, sub-contract, novate or in any way dispose of the benefit and/ or the burden of this Agreement or any part of this Agreement. For the avoidance of doubt that the Training Provider shall remain responsible for performance of the Services by any approved sub-contractor. Where the Provider enters into a sub-contract for the purpose of performing its obligations under this Agreement, it shall ensure that a provision is included in such sub-contract which requires payment to be made of all sums due by the Provider to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice. Any sub-contract shall be on terms which are consistent with these Conditions and shall be enforced by the Provider as reasonably necessary. The Employer may assign, novate, or otherwise dispose of its rights and obligations under this Agreement without the consent of the Provider provided that such assignment, novation or disposal shall not increase the burden of the Provider’s obligations under this Agreement.

Appears in 1 contract

Samples: Apprenticeship Training Services Agreement

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 The parties acknowledge that the Service Provider School is a Regulated Activity Provider School with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement Agreement and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. 10.2 . The Service Provider School shall ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals Project are: (a) : subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) and the Service Provider School shall monitor the level and validity of the checks under this clause 10.2 14.2 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider School warrants that at all times for the purposes of this agreement Agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider School in the provision of the Services Project is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 . The Service Provider School shall immediately notify the Authority Council of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 14 have been met. 10.6 . The Service Provider School shall refer information about any person carrying out the Services Programme to the DBS where it removes permission for such person to carry out the Services Programme (or would have, if such person had not otherwise ceased to carry out the ServicesProgramme) because, in its opinion, such person has harmed or poses a risk of harm to any [service users including children and users/children/vulnerable adults. 10.7 ]. The Service Provider School shall not employ or use the services Project of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider . Subject to clause 18 (Freedom of Information), each party shall bear during the cost term of this Agreement and thereafter keep secret and confidential all checks on Intellectual Property Rights or Know-How or other business, technical or commercial information disclosed to it as a result of the Service Provider’s Personnel required Agreement and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with the terms of this Agreement or save as expressly authorised in writing by the other party. The obligation of confidentiality contained in this clause 10shall not apply or shall cease to apply to any Intellectual Property Rights, Know-How or other business, technical or commercial information which: at the time of its disclosure by the disclosing party is already in the public domain or which subsequently enters the public domain other than by breach of the terms of this Agreement by the receiving party; is already known to the receiving party as evidenced by written records at the time of its disclosure by the disclosing party and was not otherwise acquired by the receiving party from the disclosing party under any obligations of confidence; or is at any time after the date of this Agreement acquired by the receiving party from a third party having the right to disclose the same to the receiving party without breach of the obligations owed by that party to the disclosing party.

Appears in 1 contract

Samples: Partnership Service Level Agreement

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 The parties acknowledge that the Service Provider Supplier is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement Contract and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. 10.2 Act 2006 The Service Provider shall Supplier shall: ensure that prior all the Flexible Workers who are registered health care workers (including but not limited to engaging any individuals in the provision of the Servicesmedical doctors, all individuals are: (asurgeons and nurses) are subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) including on an annual basis and hold a check against valid DBS at all times when providing the adults' barred list or the children's barred list, as appropriateServices; and (b) the Service Provider shall and monitor the level and validity of the checks under this clause 10.2 29 for each member of staffthe Supplier’s Personnel; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Contracting Body warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider in the provision of the Services is Supplier’s Personnel are barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 . The Service Provider Contracting Body shall immediately notify the Authority of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 29 have been met. 10.6 . The Service Provider Contracting Body shall refer information about any person of the Supplier’s Personnel carrying out the Services to the DBS where it removes permission for such person that member of the Supplier’s Personnel to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and vulnerable adults. 10.7 The Service Provider shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 1 contract

Samples: Call Off Contract

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 ‌ 13.1 This clause 13 shall apply where stipulated in the Contract Particulars. 13.2 The parties acknowledge that the Service Provider Contractor is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000Act 2006. 10.2 13.3 The Service Provider Contractor shall ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals are:Services are:‌ (a) 13.3.1 subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) 13.3.2 the Service Provider Contractor shall monitor the level and validity of the checks under this clause 10.2 13.3 for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) 13.4 The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Contractor warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service Provider Contractor in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 13.5 The Service Provider Contractor shall immediately notify the Authority Council of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 13 have been met. 10.6 13.6 The Service Provider Contractor shall refer information about any person carrying out the Services to the DBS ISA where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any service users including children and users/children/vulnerable adults. 10.7 13.7 The Service Provider Contractor shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 1 contract

Samples: Services Agreements

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. 10.1 11.1 The parties acknowledge that the Service Provider Contractor is not a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement Contract and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000.Act 2006 however the Contractor shall: 10.2 The Service Provider shall (a) ensure that prior to engaging any all individuals engaged in the provision of the Services, all individuals are: (a) Works are subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service (“DBS”) including a check against the adults' barred list or the children's barred list, as appropriate; and (b) the Service Provider shall monitor the level and validity of the checks under this clause 10.2 clause (a) for each member of staff. and the DBS certificates resulting from such checks shall be made available for inspection by the Authority on request by the Authority. 10.3 If any individual falling within clause 10.2 has an existing valid enhanced DBS certificate, the Service Provider may accept such a certificate PROVIDED THAT: (a) The individual’s details match those on the DBS certificate; (b) the disclosure is at the correct level and type for the Services that individual will be engaged in; (c) the individual has signed up to the DBS update service and the Service Provider has carried out an update check on that individual; and (d) the Service Provider warrants to the Authority that it has carried out an update check on that individual with the DBS and is satisfied as to its result. 10.4 The Service Provider Contractor warrants that at all times for the purposes of this agreement Contract it has no reason to believe that any person who is or will be employed or engaged by the Service Provider Contractor in undertaking the provision of the Services Works is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. 10.5 (d) The Service Provider Contractor shall immediately notify the Authority Council of any information that the Authority it reasonably requests to enable it to be satisfied that the obligations of this clause 10 11.1 have been met. 10.6 (e) The Service Provider Contractor shall refer information about any person carrying out the Services Works to the DBS where it removes permission for such person to carry out the Services Works (or would have, if such person had not otherwise ceased to carry out the ServicesWorks) because, in its opinion, such person has harmed or poses a risk of harm to any the Council’s service users including children and vulnerable adultsusers. 10.7 (f) The Service Provider Contractor shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to the Council’s service users. 10.8 The Service Provider shall bear the cost of all checks on the Service Provider’s Personnel required in accordance with this clause 10.

Appears in 1 contract

Samples: Minor Works Agreement

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