Common use of Convictions Clause in Contracts

Convictions. The LEP shall procure that, in respect of all potential staff or persons performing any of the Partnering Services [(other than Transferring Employees)] (each a Named Employee),5 before a Named Employee begins to attend the Sites to perform any of the Partnering Services: each Named Employee is questioned as to whether he or she has any Convictions or Asbos; and the results are obtained of a check of the most extensive available kind made with the Criminal Records Bureau in respect of each Named Employee; and to the extent permitted by ▇▇▇, a copy of the results of such check are notified to the Local Authority Representative. The LEP shall procure that no person who discloses any Convictions or Asbos, or who is found to have any Convictions or Asbos following the results of a Criminal Records Bureau check is employed without the Local Authority's prior written consent (such consent not to be unreasonably withheld or delayed). The LEP shall procure that the Local Authority is kept advised at all times of any member of staff of the LEP (or any employee of a Partnering Service Provider involved in the provision of the Partnering Services) who, subsequent to his/her commencement of employment as a member of staff, receives a Conviction or Asbo or whose previous Convictions or Asbos become known to the LEP or that Partnering Service Provider. As at the date of this Agreement, the Local Authority has entered into policies on [Local Authority to provide details] (which for the avoidance of doubt shall for the purposes of this Agreement also include associated codes and guidelines)6. Without prejudice to the generality of sub-clause (b) the LEP shall procure that each of these policies shall be maintained and adhered to after the Relevant Service Transfer Date except to the extent that they may be amended, varied or replaced pursuant to formal negotiations between the LEP and/or any Partnering Service Provider and the trade unions who are recognised in respect of the Transferring Employees and/or with a relevant individual employee or to the extent that the Partnering Service Provider has in place its own existing policies which represent no detriment to the Transferring Employees. The LEP shall procure that there are set up and maintained by it and by all Partnering Service Providers involved in the provision of Partnering Services, personnel policies and procedures covering all relevant matters (including discipline, grievance, equal opportunities and education and safety). The LEP shall procure that the terms and the implementation of such policies and procedures comply with Law and Good Industry Practice and that they are published in written form and that copies of them (and any revisions and amendments to them) are forthwith issued to the Local Authority. The LEP shall procure that the Local Authority Representative shall at all reasonable times have access to all material details in respect of all employees of the LEP and/or any Partnering Service Provider engaged in the provision of the Partnering Services including numbers and categories of staff employed to perform the Partnering Services and including in respect of each such employee: details of qualifications; and details of training undertaken by the employee. This Agreement, the Project Documents and any other agreements to which the LEP and the Local Authority are a party shall be binding on, and shall enure to the benefit of, the LEP and the Local Authority and their respective successors and permitted transferees and assignees. In the case of the Local Authority, its successors shall include any body of HM Government in England or any person to whom the Secretary of State, in exercising his statutory powers to transfer property, rights and liabilities of the Local Authority upon the Local Authority ceasing to exist or there being a transfer or reorganisation of all or any of the Local Authority's activities, transfers the property, rights and obligations of the Local Authority under the Project Documents and any other agreements to which the LEP and the Local Authority are a party. Subject to sub-clause (c), the LEP shall not, without the prior written consent of the Local Authority (such approval in the case of any proposed subcontracting shall not be unreasonably delayed and may only be withheld in circumstances where the obligations to be subcontracted are material obligations or the proposed subcontractor is an Unsuitable Person), assign, transfer, subcontract or otherwise dispose of any interest in this Agreement and any other contract entered into by the LEP for the purposes of performing its obligations under this Agreement. The provisions of sub-clause (b) shall not apply to: the grant or exercise of any security rights, in a form approved by the shareholders in the LEP pursuant to the terms of the Shareholders Agreement prior to its grant, in respect of any loan made to the LEP under any Funding Agreement; the transfer of any shares in the LEP or any Project Company in accordance with the terms of the Shareholders' Agreement and the Articles of Association of the LEP in relation to the LEP and in accordance with the Shareholders' Agreement and the provisions of any shareholders agreement and articles of association in relation to the relevant Project Company; or the establishment of any Project Company.

Convictions. The LEP shall procure thatFor each of the Supplier Personnel who, in respect of all potential staff providing the Deployed Services, has, will have or persons performing any is likely to have access to children, vulnerable persons, or other members of the Partnering Services [public to whom the Authority owes a special duty of care, the Supplier shall (other than Transferring Employees)] (each a Named Employee),5 before a Named Employee begins to attend the Sites to perform any of the Partnering Services: each Named Employee is questioned as to whether he or she has any Convictions or Asbos; and the results are obtained of a check of the most extensive available kind made with the Criminal Records Bureau in respect of each Named Employee; unless and to the extent permitted agreed otherwise by ▇▇▇, a copy of the results of such check are notified Authority in writing): carry out appropriate checks in accordance with Good Industry Practice in relation to the Local Authority Representative. The LEP shall procure that no person who discloses any Convictions or Asbos, or who is found to have any Convictions or Asbos following the results of (including conducting a Criminal Records Bureau check where to conduct such a check would be consistent with Good Industry Practice); and conduct such questioning and investigation as is employed reasonable regarding any Convictions, where the above required checks reveal a Conviction. The Supplier shall not (and shall ensure that a Subcontractor shall not) engage or continue to utilise in the provision of those Deployed Services involving or which are likely to involve access to children, vulnerable persons, or other members of the public to whom the Authority owes a special duty of care, any member of the Supplier Personnel whose Conviction means it would reasonably be regarded as inappropriate for them to be conducting such activity. For the purpose of this Clause 41.2, references to "access" shall not include incidental access to members of the public due to Network Deployment on or about a public highway. The Parties have agreed to the appointment of the Key Personnel as at the Effective Date. The Supplier shall obtain the prior written consent of the Authority (such consent not to be unreasonably withheld or delayed, but without prejudice to the Local AuthoritySupplier needing to take any action as may reasonably be required in accordance with its employment procedures) before any member of the Key Personnel is removed or replaced from their corresponding role during the Term, and, where possible, at least three (3) months' written notice shall be provided by the Supplier of its intention to replace any member of Key Personnel from their corresponding role. The Supplier acknowledges that the Key Personnel are essential to the proper provision of the Deployed Services. The Supplier shall ensure that the role of any Key Personnel is not vacant for any longer than ten (10) Working Days and that any replacement shall be as or more qualified and experienced as the previous incumbent of such role to carry out the tasks assigned to the role of the member of Key Personnel whom he or she has replaced. The Supplier shall ensure that each of the Key Personnel shall work for such a period of time in the performance of the Deployed Services that is commensurate with and sufficient to perform the obligation of that person's role (which shall be at least for the expected duration of the role set out in Schedule 3.4 (Key Personnel)), unless the Authority otherwise gives its prior written consent (such consent not to be unreasonably withheld or delayed). The LEP shall procure that the Local Authority is kept advised at all times of any member of staff of the LEP (or any employee of a Partnering Service Provider involved in the provision of the Partnering Services) who, subsequent to his/her commencement of employment as a member of staff, receives a Conviction or Asbo or whose previous Convictions or Asbos become known to the LEP or that Partnering Service Provider. As at the date of this Agreement, the Local Authority has entered into policies on [Local Authority to provide details] (which for the avoidance of doubt shall for the purposes of this Agreement also include associated codes and guidelines)6. Without prejudice to the generality of sub-clause (b) the LEP shall procure that each of these policies shall be maintained and adhered to after the Relevant Service Transfer Date except to To the extent that they may be amendedit can do so without disregarding its statutory obligations, varied or replaced pursuant the Supplier shall take such steps as are reasonably necessary to formal negotiations between ensure that it retains the LEP and/or any Partnering Service Provider and services of all the trade unions who are recognised in respect of the Transferring Employees and/or with a relevant individual employee or to the extent that the Partnering Service Provider has in place its own existing policies which represent no detriment to the Transferring EmployeesKey Personnel. The LEP shall procure that there are set up and maintained by it and by all Partnering Service Providers involved in the provision of Partnering Services, personnel policies and procedures covering all relevant matters (including discipline, grievance, equal opportunities and education and safety). The LEP shall procure that the terms and the implementation of such policies and procedures comply with Law and Good Industry Practice and that they are published in written form and that copies of them (and any revisions and amendments to them) are forthwith issued to the Local Authority. The LEP shall procure that the Local Authority Representative shall at all reasonable times have access to all material details in respect of all employees of the LEP and/or any Partnering Service Provider engaged in the provision of the Partnering Services including numbers and categories of staff employed to perform the Partnering Services and including in respect of each such employee: details of qualifications; and details of training undertaken by the employee. This Agreement, the Project Documents and any other agreements to which the LEP and the Local Authority are a party shall be binding on, and shall enure to the benefit of, the LEP and the Local Authority and their respective successors and permitted transferees and assignees. In the case of the Local Authority, its successors shall include any body of HM Government in England or any person to whom the Secretary of State, in exercising his statutory powers to transfer property, rights and liabilities of the Local Authority upon the Local Authority ceasing to exist or there being a transfer or reorganisation of all or may identify any of the Local Authority's activities, transfers roles performed by Supplier Personnel as Key Personnel for agreement by the property, rights and obligations of the Local Authority under the Project Documents and any other agreements Supplier (such agreement not to which the LEP and the Local Authority are a party. Subject to sub-clause (cbe unreasonably withheld or delayed), who will then be included on the LEP shall not, without the prior written consent list of the Local Authority (such approval in the case of any proposed subcontracting shall not be unreasonably delayed and may only be withheld in circumstances where the obligations to be subcontracted are material obligations or the proposed subcontractor is an Unsuitable Person), assign, transfer, subcontract or otherwise dispose of any interest in this Agreement and any other contract entered into Key Personnel by the LEP for the purposes of performing its obligations under this Agreement. The provisions of sub-clause (b) shall not apply to: the grant or exercise of any security rights, in a form approved by the shareholders in the LEP pursuant to the terms of the Shareholders Agreement prior to its grant, in respect of any loan made to the LEP under any Funding Agreement; the transfer of any shares in the LEP or any Project Company Supplier in accordance with the terms Change Control Procedure. The Authority may also require the Supplier to remove any member of the Shareholders' Agreement Key Personnel that the Authority considers in any respect unsatisfactory and the Articles of Association of the LEP in relation to the LEP and Supplier shall take such action as may reasonably be required in accordance with its employment procedures. The Authority shall not be liable for the Shareholders' Agreement and the provisions cost of replacing any shareholders agreement and articles of association in relation member appointed to the relevant Project Company; or the establishment of any Project Companya Key Personnel role.