Common use of Use of Funding Clause in Contracts

Use of Funding. 4.1 THE NMSS shall use the Funding to deliver the Activities and shall allocate sufficient resources, up to the limit of the combined resources contributed by THE EFA and the relevant local authority in respect of each individual pupil and student to the Activities to enable it to comply with all obligations set out in this Funding Agreement. THE NMSS agrees and accepts that payments can only be made to the extent that THE EFA has available funds. 4.2 THE NMSS shall not use the Funding for any purpose which would cause THE NMSS to be in breach of this Funding Agreement and it will ensure that all NMSS Related Parties do the same. 4.3 THE NMSS agrees to comply with the conditions of this Funding Agreement together with: a. The Non-Maintained Special School (England) Regulations 2011 (soon to be replaced by 2015 regulations) (the regulations). b. The Funding Guidance; c. The Joint Audit Code of Practice; d. Specification of the Individualised Learner Record; xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules-and- appendices-2015-to-2016 e. Individualised Learner Record Provider Support Manual; xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2015-to- 2016 f. Rigour and Responsiveness in Skills (April 2013, DfE/BIS publication); xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills g. Traineeships Framework for Delivery: xxxxx://xxx.xxx.xx/government/publications/traineeships-operational-information and h. Sub-contracting i. Universal Infant Free School Meals xxxxx://xxx.xxx.xx/government/publications/universal-infant-free-school-meals- conditions-of-grant And j. Further Education Free Meals xxxxx://xxx.xxx.xx/government/publications/further-education-free-meals-advice- for-fe-institutions (together “the Conditions of Funding”).

Use of Funding. 4.1 THE NMSS shall use the Funding to deliver the Activities and shall allocate sufficient resources, up to the limit of the combined resources contributed by THE EFA and the relevant local authority in respect of each individual pupil and student to the Activities to enable it to comply with all obligations set out in this Funding Agreement. THE NMSS agrees and accepts that payments can only be made to the extent that THE EFA has available funds. 4.2 THE NMSS shall not use the Funding for any purpose which would cause THE NMSS to be in breach of this Funding Agreement and it will ensure that all NMSS Related Parties do the same. 4.3 THE NMSS agrees to comply with the conditions of this Funding Agreement together with: a. The Non-Maintained Special School (England) Regulations 2011 (soon to be replaced by 2015 2016 regulations) (the regulations). b. The Funding Guidance; c. The Joint Audit Code of Practice; d. Specification of the Individualised Learner Record; xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules-and- appendices-2015appendices-2016-to-2016to-2017 e. Individualised Learner Record Provider Support Manual; xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2015-to- 2016xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2016-to- 2017 f. Rigour and Responsiveness in Skills (April 2013, DfE/BIS publication); xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills g. Traineeships Framework for Delivery: xxxxx://xxx.xxx.xx/government/publications/traineeships-operational-information andxxxxx://xxx.xxx.xx/delivering-traineeships-through-efa-funding h. Sub-contracting i. Universal Infant Free School Meals xxxxx://xxx.xxx.xx/government/publications/universal-infant-free-school-meals- conditions-of-grant And j. Further Education Free Meals xxxxx://xxx.xxx.xx/government/publications/further-education-free-meals-advice- for-fe-institutions (together “the Conditions of Funding”).

Use of Funding. 4.1 THE NMSS The SPI shall use the Funding to deliver provide the Activities and shall allocate sufficient resources, up to the limit of the combined resources contributed by THE EFA the ESFA and the relevant local authority in respect of each individual pupil and student Student to the Activities to enable it to comply with all obligations set out in this Funding Agreement. THE NMSS The SPI agrees and accepts that payments can only be made to the extent that THE EFA the ESFA has available funds. 4.2 THE NMSS The SPI shall not use the Funding for any purpose which would cause THE NMSS the SPI to be in breach of this Funding Agreement and it will ensure that all NMSS SPI Related Parties do the same. 4.3 THE NMSS The SPI agrees to comply with the conditions of this Funding Agreement together with: a. The Non-Maintained Special School (England) Regulations 2011 (soon to be replaced by 2015 regulations) (the regulations). b. The Funding Guidance; b. the post-16 audit code of practice: c. The Joint Audit Code of Practice; d. Specification of the Individualised Learner Record; Record for 2017 to 2018 xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules-and- appendices-2015appendices-2017-to-2016to-2018 e. d. Individualised Learner Record Provider Support Manual; xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2015-to- 2016; f. e. Rigour and Responsiveness in Skills (April 2013, DfE/BIS publication); xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills f. Traineeships: g. Traineeships Framework for Delivery: xxxxx://xxx.xxx.xx/government/publications/traineeships-operational-information and h. Sub-contracting i. Universal Infant Free School Meals xxxxx://xxx.xxx.xx/government/publications/universal-infant-free-school-meals- conditions-of-grant And j. h. Further Education Free Meals xxxxx://xxx.xxx.xx/government/publications/further-education-free-meals-advice- for-fe-institutions Meals i. Guidance published, from time to time, by the Secretary of State for Education which sets out the expectations in relation to safeguarding practice within further education institutions; j. Special educational needs and disability code of practice: 0 to 25 years; xxxxx://xxx.xxx.xx/government/publications/send-code-of-practice-0-to-25 and, where appropriate k. National Minimum Standards for Residential Accommodation for children in Colleges (together published under section 87C of the Children Act 1989). xxxxx://xxx.xxx.xx/government/publications/residential-special-schools-national-minimum- standards (“the Conditions of Funding”.). These policies were correct at the Commencement Date, but may be updated from time to time.

Use of Funding. 4.1 THE NMSS The SPI shall use the Funding to deliver provide the Activities and shall allocate sufficient resources, up to the limit of the combined resources contributed by THE EFA the ESFA and the relevant local authority in respect of each individual pupil and student Student to the Activities to enable it to comply with all obligations set out in this Funding Agreement. THE NMSS The SPI agrees and accepts that payments can only be made to the extent that THE EFA the ESFA has available funds. 4.2 THE NMSS The SPI shall not use the Funding for any purpose which would cause THE NMSS the SPI to be in breach of this Funding Agreement and it will ensure that all NMSS SPI Related Parties do the same. 4.3 THE NMSS The SPI agrees to comply with the conditions of this Funding Agreement together with: a. The Non-Maintained Special School (England) Regulations 2011 (soon to be replaced by 2015 regulations) (the regulations). b. The Funding Guidance; b. the post-16 audit code of practice: c. The Joint Audit Code of Practice; d. Specification of the Individualised Learner Record; Record for 2018 to 2019 xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules-and- appendices-2015appendices-2018-to-2016to-2019 e. d. Individualised Learner Record Provider Support Manual; xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2015-to- 2016xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules-and- appendices-2018-to-2019 f. e. Rigour and Responsiveness in Skills (April 2013, DfE/BIS publication); xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills f. Traineeships: g. Traineeships Framework for Delivery: xxxxx://xxx.xxx.xx/government/publications/traineeships-operational-information andSubcontracting h. Sub-contracting i. Universal Infant Free School Meals xxxxx://xxx.xxx.xx/government/publications/universal-infant-free-school-meals- conditions-of-grant And j. Further Education Free Meals xxxxx://xxx.xxx.xx/government/publications/further-education-free-meals-advice- for-fe-institutions Meals i. Xxxxxxxx published, from time to time, by the Secretary of State for Education which sets out the expectations in relation to safeguarding practice within further education institutions; j. Special educational needs and disability code of practice: 0 to 25 years; xxxxx://xxx.xxx.xx/government/publications/send-code-of-practice-0-to-25 k. Prevent Duty Guidance l. Industrial placements and capacity delivery fund for 2018/19 and, where appropriate m. National Minimum Standards for Residential Accommodation for children in Colleges (together published under section 87C of the Children Act 1989). xxxxx://xxx.xxx.xx/government/publications/residential-special-schools-national-minimum- standards (“the Conditions of Funding”.). These policies were correct at the Commencement Date, but may be updated from time to time.

Use of Funding. 4.1 THE NMSS SPI shall use the Funding to deliver provide the Activities and shall allocate sufficient resources, up to the limit of the combined resources contributed by THE EFA and the relevant local authority in respect of each individual pupil and student Student to the Activities to enable it to comply with all obligations set out in this Funding Agreement. THE NMSS SPI agrees and accepts that payments can only be made to the extent that THE EFA has available funds. 4.2 THE NMSS The SPI shall not use the Funding for any purpose which would cause THE NMSS the SPI to be in breach of this Funding Agreement and it will ensure that all NMSS SPI Related Parties do the same. 4.3 THE NMSS The SPI agrees to comply with the conditions of this Funding Agreement together with: a. The Non-Maintained Special School (England) Regulations 2011 (soon to be replaced by 2015 regulations) (the regulations). b. The Funding Guidance; c. The b. the Joint Audit Code of Practice; d. c. Specification of the Individualised Learner Record; Record for 2016 to 2017 xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules-and- appendices-2015appendices-2016-to-2016to-2017 e. d. Individualised Learner Record Provider Support Manual; xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2015-to- 2016; f. e. Rigour and Responsiveness in Skills (April 2013, DfE/BIS publication); xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills f. Traineeships: g. Traineeships Framework for Delivery: xxxxx://xxx.xxx.xx/government/publications/traineeships-operational-information andSub-contracting And h. Sub-contracting i. Universal Infant Free School Meals xxxxx://xxx.xxx.xx/government/publications/universal-infant-free-school-meals- conditions-of-grant And j. Further Education Free Meals xxxxx://xxx.xxx.xx/government/publications/further-education-free-meals-advice- for-fe-institutions (together “the Conditions of Funding”) 5.1 Subject to the Conditions of Funding, the EFA shall pay to the SPI the charges set out in the schedules and annexes of this Funding Agreement. 5.2 All payments by the EFA will be made via BACS or CHAPS, unless otherwise notified, and will be made on the 20th of each month or the prior Working Day. 5.3 Payment by the EFA shall be without prejudice to any claims or rights, which THE SECRETARY OF STATE may have against the SPI and shall not constitute any admission by THE SECRETARY OF STATE as to the performance by the SPI of its obligations hereunder. Prior to any such payment, THE SECRETARY OF STATE shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the SPI, arising from this Funding Agreement or any other agreement between the SPI and THE SECRETARY OF STATE. 5.4 Where the EFA or any other authority acting on THE SECRETARY OF STATE’s behalf including local authorities in accordance with the principles set out in the Joint Audit Code of Practice carries out a review or audit of a sample of the evidence which the SPI is required to provide under the Funding Agreement to support the payments made by the EFA and identifies errors in that evidence which it deems are material (as defined in the Funding Guidance 2016 to 2017 xxxxx://xxx.xxx.xx/16-to-19-education-funding-guidance THE SECRETARY OF STATE reserves the right to recover from the SPI an amount based on the error rate identified and the total value of the Funding Agreement. Such amount may be recovered by making deductions from future payments due to the SPI under the Funding Agreement or any other agreement between the Parties. In all such reviews, the decision of the EFA is final.

Use of Funding. 4.1 THE NMSS shall use the Funding to deliver the Activities and shall allocate sufficient resources, up to the limit of the combined resources contributed by THE EFA ESFA and the relevant local authority in respect of each individual pupil and student to the Activities to enable it to comply with all obligations set out in this Funding Agreement. THE NMSS agrees and accepts that payments can only be made to the extent that THE EFA ESFA has available funds. 4.2 THE NMSS shall not use the Funding for any purpose which would cause THE NMSS to be in breach of this Funding Agreement and it will ensure that all NMSS Related Parties do the same. 4.3 THE NMSS agrees to comply with the conditions of this Funding Agreement together with: a. The Non-Maintained Special School (England) Regulations 2011 (soon to be replaced by 2015 regulations) (the regulations). b. The Funding Guidance; c. The Joint Audit Code post-16 audit code of Practice;practice: d. Specification of the Individualised Learner Record; xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules-and- appendices-2015-to-2016School census: guide to submitting data xxxxx://xxx.xxx.xx/guidance/school-census e. Individualised Learner Record Provider Support Manual; xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2015-to- 2016 f. Rigour and Responsiveness in Skills (April 2013, DfE/BIS publication); xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills g. xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills f. Traineeships Framework for Delivery: xxxxx://xxx.xxx.xx/government/publications/traineeships-operational-information andxxxxx://xxx.xxx.xx/delivering-traineeships-through-efa-funding g. Subcontracting h. Sub-contracting i. Universal Infant Free School Meals xxxxx://xxx.xxx.xx/government/publications/universal-infant-free-school-meals- conditions-of-grant AndMeals j. i. Further Education Free Meals xxxxx://xxx.xxx.xx/government/publications/further-education-free-meals-advice- forMeals x. xxxxxxxx published, from time to time, by the Secretary of State for Education which sets out the expectations in relation to safeguarding practice within further education institutions; k. Special educational needs and disability code of practice: 0 to 25 years; xxxxx://xxx.xxx.xx/government/publications/send-code-of-practice-0-to-25 l. Prevent Duty Guidance m. Industrial placements capacity and delivery fund and, where appropriate n. Residential Special Schools: National Minimum Standards (published under section 87C of the Children Act 1989) xxxxx://xxx.xxx.xx/government/publications/residential-special-schools-national- minimum-fe-institutions (together “standards These policies were correct at the Conditions of Funding”Commencement Date, but may be updated from time to time.).

Use of Funding. 4.1 THE NMSS shall use the Funding to deliver the Activities and shall allocate sufficient resources, up to the limit of the combined resources contributed by THE EFA ESFA and the relevant local authority in respect of each individual pupil and student to the Activities to enable it to comply with all obligations set out in this Funding Agreement. THE NMSS agrees and accepts that payments can only be made to the extent that THE EFA ESFA has available funds. 4.2 THE NMSS shall not use the Funding for any purpose which would cause THE NMSS to be in breach of this Funding Agreement and it will ensure that all NMSS Related Parties do the same. 4.3 THE NMSS agrees to comply with the conditions of this Funding Agreement together with: a. The Non-Maintained Special School (England) Regulations 2011 (soon to be replaced by 2015 regulations) (the regulations). b. The Funding Guidance; c. The Joint Audit Code post-16 audit code of Practice;practice: d. Specification of the Individualised Learner Record; xxxxx://xxx.xxx.xx/government/publications/ilr-specification-validation-rules-and- appendices-2015appendices-2017-to-2016to-2018 e. Individualised Learner Record Provider Support Manual; xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2015-to- 2016xxxxx://xxx.xxx.xx/government/publications/ilr-guides-and-templates-for-2017-to- 2018 f. Rigour and Responsiveness in Skills (April 2013, DfE/BIS publication); xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills xxxxx://xxx.xxx.xx/government/publications/rigour-and-responsiveness-in-skills g. Traineeships Framework for Delivery: xxxxx://xxx.xxx.xx/government/publications/traineeships-operational-information andxxxxx://xxx.xxx.xx/delivering-traineeships-through-efa-funding h. Sub-contracting i. Universal Infant Free School Meals xxxxx://xxx.xxx.xx/government/publications/universal-infant-free-school-meals- conditions-of-grant AndMeals j. Further Education Free Meals xxxxx://xxx.xxx.xx/government/publications/further-education-free-meals-advice- forMeals k. guidance published, from time to time, by the Secretary of State for Education which sets out the expectations in relation to safeguarding practice within further education institutions; l. Special educational needs and disability code of practice: 0 to 25 years; xxxxx://xxx.xxx.xx/government/publications/send-code-of-practice-0-to-25 and, where appropriate m. Residential Special Schools: National Minimum Standards (published under section 87C of the Children Act 1989) xxxxx://xxx.xxx.xx/government/publications/residential-special-schools-national- minimum-fe-institutions (together “standards These policies were correct at the Conditions of Funding”Commencement Date, but may be updated from time to time.).