THE PROVIDER’S PERSONNEL. 4.1 The Provider shall employ sufficient suitably qualified personnel to ensure that the Services are provided in accordance with the Specification. 4.2 The Provider shall ensure that all of their personnel supplied in and about the provision of the Services are qualified, honest, skilled, competent, diligent, trained and experienced in the work which they are to perform in accordance with the Specification. 4.3 The Provider shall adhere to and comply with all legislation and any guidelines and/or codes of practice issued by the Department of Health, the CQC and the Council in the provision of the Services. 4.4 The Provider’s personnel shall at all times be appropriately insured to carry out the duties set out in the Specification. 4.5 The Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of a Regulated Activity provided under this Contract and for the purposes of the Safeguarding Vulnerable Groups Act 2006. 4.6 The Provider shall: - ensure that all potential staff or persons performing any of the Services where required, as stated in the Service Specification, (‘the Named Employees’) before being engaged in the provision of the Services are subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service including a check against the adults' barred list or the children's barred list, as appropriate; - monitor the level and validity of the checks under this Clause for each member of staff; and - comply with the Council’s guidance entitled ‘Disclosure and Barring Service (DBS) Checks for Contractors’ or such other guidance as issued by the Council which may amend or replace the same from time to time. 4.7 The 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 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. 4.8 The Provider shall procure that in respect of all Named Employees, a Disclosure and Barring Service check is undertaken every three years. The Provider shall ensure that the Council is kept advised at all times of any Named Employee who, subsequent to the commencement of provision of the Services for the Council, receives a conviction, caution, or whose previous convictions becomes known to the Provider, or in respect of which information relating to pending investigations, or other disclosed information that may affect their suitability to work with children or vulnerable adults becomes known to the Provider. 4.9 No person who discloses or who is found to have any convictions, cautions or Anti Social Behaviour Order or other form of court order, pending investigations, or other disclosed information which may affect their suitability to work with children or vulnerable adults shall be employed or engaged to perform the Services for the Council without the Council’s prior written consent (such consent not to be unreasonably withheld or delayed). 4.10 The Provider shall immediately notify the Council of any information that it reasonably requests to enable it to be satisfied that the obligations of this Clause have been met. The Provider shall be responsible for obtaining any necessary consent from the Named Employee for disclosure of such evidence to the Council. 4.11 The Provider shall refer information about any person carrying out the Services to the 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 children or vulnerable adults. 4.12 The Provider shall 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 children or vulnerable adults. 4.13 In this clause: - references to any enactment shall include references to such enactment as it may, from time to time be amended, supplemented or re-enacted. - ‘Regulated Activity’ means in relation to children as defined in Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006;, and adults as defined in Part 2 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.
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Samples: Public Health Local Services Agreement, Public Health Local Services Agreement, Public Health Local Services Agreement
THE PROVIDER’S PERSONNEL. 4.1 The Provider shall employ sufficient suitably qualified personnel to ensure that the Services are provided in accordance with the Specification.
4.2 The Provider shall ensure that all of their personnel supplied in and about the provision of the Services are qualified, honest, skilled, competent, diligent, trained and experienced in the work which they are to perform in accordance with the Specification.
4.3 The Provider shall adhere to and comply with all legislation and any guidelines and/or codes of practice issued by the Department of Health, the CQC and the Council in the provision of the Services.
4.4 The Provider’s personnel shall at all times be appropriately insured to carry out the duties set out in the Specification.
4.5 The Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of a Regulated Activity provided under this Contract and for the purposes of the Safeguarding Vulnerable Groups Act 2006.
4.6 The Provider shall: - ensure that all potential staff or persons performing any of the Services where required, as stated in the Service Specification, (‘the Named Employees’) before being engaged in the provision of the Services are subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service including a check against the adults' barred list or the children's barred list, as appropriate; - monitor the level and validity of the checks under this Clause for each member of staff; and - comply with the Council’s guidance entitled ‘Disclosure and Barring Service (DBS) Checks for Contractors’ or such other guidance as issued by the Council which may amend or replace the same from time to time.
4.7 The 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 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.
4.8 The Provider shall procure that in respect of all Named Employees, a Disclosure and Barring Service check is undertaken every three years. The Provider shall ensure that the Council is kept advised at all times of any Named Employee who, subsequent to the commencement of provision of the Services for the Council, receives a conviction, caution, or whose previous convictions becomes known to the Provider, or in respect of which information relating to pending investigations, or other disclosed information that may affect their suitability to work with children or vulnerable adults becomes known to the Provider.
4.9 No person who discloses or who is found to have any convictions, cautions or Anti Social 3 Behaviour Order or other form of court order, pending investigations, or other disclosed information which may affect their suitability to work with children or vulnerable adults shall be employed or engaged to perform the Services for the Council without the Council’s prior written consent (such consent not to be unreasonably withheld or delayed).
4.10 The Provider shall immediately notify the Council of any information that it reasonably requests to enable it to be satisfied that the obligations of this Clause have been met. The Provider shall be responsible for obtaining any necessary consent from the Named Employee for disclosure of such evidence to the Council.
4.11 The Provider shall refer information about any person carrying out the Services to the 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 children or vulnerable adults.
4.12 The Provider shall 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 children or vulnerable adults.
4.13 In this clause: - references to any enactment shall include references to such enactment as it may, from time to time be amended, supplemented or re-enacted. - ‘Regulated Activity’ means in relation to children as defined in Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006;, and adults as defined in Part 2 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.
Appears in 2 contracts
Samples: Public Health Local Services Agreement, Public Health Local Services Agreement
THE PROVIDER’S PERSONNEL. 4.1 The Provider shall employ sufficient suitably qualified personnel to ensure that the Services are provided in accordance with the Specification.
4.2 The Provider shall ensure that all of their personnel supplied in and about the provision of the Services are qualified, honest, skilled, competent, diligent, trained and experienced in the work which they are to perform in accordance with the Specification.
4.3 The Provider shall adhere to and comply with all legislation and any guidelines and/or codes of practice issued by the Department of Health, the CQC and the Council in the provision of the Services.
4.4 The Provider’s personnel shall at all times be appropriately insured to carry out the duties set out in the Specification.
4.5 The Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of a Regulated Activity provided under this Contract and for the purposes of the Safeguarding Vulnerable Groups Act 2006.
4.6 The Provider shall: - ensure that all potential staff or persons performing any of the Services where required, as stated in the Service Specification, (‘the Named Employees’) before being engaged in the provision of the Services are subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service including a check against the adults' barred list or the children's barred list, as appropriate; - monitor the level and validity of the checks under this Clause for each member of staff; and - comply with the Council’s guidance entitled ‘Disclosure and Barring Service (DBS) Checks for Contractors’ or such other guidance as issued by the Council which may amend or replace the same from time to time.
4.7 The 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 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.
4.8 The Provider shall procure that in respect of all Named Employees, a Disclosure and Barring Service check is undertaken every three years. The Provider shall ensure that the Council is kept advised at all times of any Named Employee who, subsequent to the commencement of provision of the Services for the Council, receives a conviction, caution, or whose previous convictions becomes known to the Provider, or in respect of which information relating to pending investigations, or other disclosed information that may affect their suitability to work with children or vulnerable adults becomes known to the Provider.
4.9 No person who discloses or who is found to have any convictions, cautions or Anti Social Behaviour Order or other form of court order, pending investigations, or other disclosed information which may affect their suitability to work with children or vulnerable adults shall be employed or engaged to perform the Services for the Council without the Council’s prior written consent (such consent not to be unreasonably withheld or delayed).
4.10 The Provider shall immediately notify the Council of any information that it reasonably requests to enable it to be satisfied that the obligations of this Clause have been met. The Provider shall be responsible for obtaining any necessary consent from the Named Employee for disclosure of such evidence to the Council.
4.11 The Provider shall refer information about any person carrying out the Services to the 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 children or vulnerable adults.
4.12 The Provider shall 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 children or vulnerable adults.
4.13 In this clause: - references to any enactment shall include references to such enactment as it may, from time to time be amended, supplemented or re-enacted. - ‘Regulated Activity’ means in relation to children as defined in Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006;, and adults as defined in Part 2 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.
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