Common use of For Teachers Clause in Contracts

For Teachers. The Provider will comply with the SSSC Code of Practice and, if applicable, the Code of Practice and Professionalism of the GTCS (including as they may be, from time to time, revised or replaced) and take all reasonable steps to secure the compliance by all Staff with any relevant codes of practice and Guidance issued by the relevant Regulatory Authorities. Volunteers may be used in the provision of the Service as identified in the Statement of Requirements where they meet the standards of fitness as set out in Regulation 9 of the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 but not as a substitute for Staff including where defined by the Care Inspectorate’s minimum staffing requirements for the provision of the Service. The Provider will ensure that:- Staff deployed in the provision of the Service are instructed in relation to all relevant provisions of the Contract; It has in place and implements all of the policies and procedures required to satisfy the Care Inspectorate’s requirements in relation to the employment and management of Staff and the requirements of the Contract including those as set out within the Statement of Requirements; and Staff are familiar with the Provider’s policies and procedures via ongoing supervision and training. Where the Contract requires any Individual to undertake “Regulated Work”, the Provider shall, for the Period of Contract, comply with all of the relevant requirements, including the establishment of and adherence to effective procedures, of the PVG Act. For the supply of the Services which fall outside of the scope of Regulated Work under the PVG Act, the Provider shall obtain the appropriate level of Disclosure directly from Disclosure Scotland for the Individual. The appropriate level of Disclosure shall be determined by reference to Part V of the Police Act 1997 and, for the avoidance of doubt, by reference to any regulations made under that Act and Guidance issued by Disclosure Scotland. The Provider shall ensure that the contents of the Scheme Records or Short Scheme Records, Disclosures, Basic Disclosures and the contents of the Overseas Criminal Record Checks are used as part of the process to make recruitment and ongoing employment decisions in respect of Individual and where any of the aforesaid disclose that an Individual has convictions, cautions or any other relevant information, the Provider shall procure that a risk assessment is conducted in respect of the Individual’s proposed or continued provision of the Services and that such risk assessment is applied in making appropriate arrangements to safeguard and protect the interests of all Protected Persons. The Provider will adhere to all relevant Guidance in respect of recruitment, including “Scotland Works for You” Guidance on evaluating the meaning of a person’s criminal record to a job or opportunity they have applied for (which can be found at ▇▇▇▇▇.▇▇▇▇). The Provider shall comply with the following in respect of applications for a Scheme Record or a Short Scheme Record: except in respect of the Individuals referred to in condition 18.6.2 and condition 18.6.4, the Provider shall either: be a Registered Person and countersign and submit the aforesaid applications to Disclosure Scotland itself; or use a third party Registered Person (known as an umbrella body) to countersign and submit the aforesaid applications to Disclosure Scotland on its behalf; In respect of Individuals employed or engaged by a Sub-contractor, the Provider shall procure that the Sub-contractor shall either: be a Registered Person and countersign and submit the aforesaid applications to Disclosure Scotland itself; or use a third party Registered Person (known as an umbrella body) to countersign and submit the aforesaid applications to Disclosure Scotland on its behalf; and where the Provider is an Individual, the Provider shall: in respect of her/his own application, permit the Council to use a third party Registered Person (known as an umbrella body) to countersign and submit the application to Disclosure Scotland on the Council’s behalf; The Provider shall procure that all Individuals are rechecked (by obtaining a Scheme Record or Short Scheme Record (as appropriate) in respect of the Individual) not less than every three years. To ensure compliance with the requirements of this Condition 18.6 and subject to the written consent of the subject of the Disclosure, the Provider subject to the Law will share the findings of the Disclosure with the Council on request. Before allowing any Sub-contractor to undertake Regulated Work in connection with provision of the Services, the Provider shall: obtain the written consent of the Council to the aforesaid sub-contracting of the Services; and enter into a written agreement with the Sub-contractor which gives effect to the terms set out in this condition 18 such that they apply to the Sub-contractor, and, for the avoidance of doubt, the Provider shall remain fully liable for all acts or omissions of any Sub-contractor. Where an Individual has spent a continuous period of three calendar months or more residing or working out with the United Kingdom within the period of five years prior to the individual commencing delivery of the Services, the Provider shall procure that appropriate Overseas Criminal Record Checks are obtained in respect of such Individuals prior to he/she commencing delivery of the Services. In the event that the Provider is notified that an Individual used in the provision of the Regulated Work in connection with delivery of the Services is placed under consideration for listing or becomes barred from carrying out Regulated Work, the Provider shall immediately remove that person from the provision of such Regulated Work. In the event that the Provider offers Regulated Work in connection with delivery of the Services to an Individual who is under consideration for listing or barred from carrying out Regulated Work or fails to remove an Individual from such Regulated Work if they have been notified that they are under consideration for listing or barred from carrying out Regulated Work, this will be deemed a Material Breach of the Provider entitling the Council to terminate this Contract and any Funded Placements awarded hereunder with immediate effect by written notice to the Provider. The Provider shall record and store information disclosed to it in connection with Disclosures and/or the PVG Scheme as detailed in Law including in the Code of Practice published by the Scottish Government under section 122 of Part V of the Police Act 1997 (as may be amended from time to time). The Provider shall deliver to the Council on its request from time to time: a written statement from the Provider (duly signed by the Provider) in terms that the Provider warrants to the Council that it has complied with this Condition 18 and where a Sub-contractor undertakes Regulated Work in connection with delivery of the Services, a written statement from the Sub-contractor (duly signed by the Sub-contractor) confirming compliance with this Condition 18 by the Sub-contractor in respect of any Individuals employed or engaged by it. If alleged harmful conduct of a child, young person under the age of eighteen and/or vulnerable adult is witnessed by, or reported to, the Provider, and regardless of where the alleged harm has taken place, then the Provider will follow the policy and procedures given in, and have due regard for the principles of, providing the Services in accordance with the relevant interagency policy and Procedure for the Support and Protection of Adults at risk or Harm, and the National Guidance for child protection in Scotland (2014), and any guidance issued by the relevant Scotland child protection Committee. Should any Individual be suspected of or accused of abuse or any other gross misconduct, the Provider will inform the Council and carry out an investigation in accordance with its own procedures. Where the Council suspects any Individual of abuse or any other gross misconduct (and in such case it shall be in the Council’s discretion, acting reasonably, as to what constitutes “gross misconduct”), the Council may also carry out such an investigation. Without prejudice to any other remedies under the terms of this Contract, the Council reserves the right to request that any such Individual be removed from working with Funded Placements for the duration of the aforesaid investigation and any disciplinary process to follow thereon and the Provider shall ensure that the relevant Individual is so removed from working on receiving such a request. The Provider shall ensure that all relevant l Individuals have undergone adequate training in respect of the PVG Act (the level, content and regularity of such training shall be proportionate to the Individual’s role and responsibility with respect to the PVG Act), including, without prejudice to the generality of this Condition 18.6 , the duty to make referrals in accordance with sections 2 and 3 of the PVG Act. If the Provider fails to disclose any convictions detailed in the Part A - Applicant Information and Contractual Requirements Form or is subsequently convicted of any such offences the Council it shall be a Material Breach in terms of clause 37.