Common use of Ministry of Justice Clause in Contracts

Ministry of Justice. Codes The Ministry of Justice Codes of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA issued under sections 45 and 46 of the FOIA as amended. Ministry of Justice Guidance Ministry of Justice Guidance in relation to section 9 of the Xxxxxxx Xxx 0000. It is available at xxxx://xxx.xxxxxxx.xxx.xx/guidance/docs/bribery-act- 2010-guidance.pdf. MISO 'Management Information System Online', an online portal located at xxxxx://xxxx.xxx.xxxxxxxxxxxxx.xxx.xx provided by CCS for collection and receipt of Management Information. Month An entire calendar Month. “Monthly” shall be interpreted accordingly. Occasion of Tax Non- Compliance This is where any tax return of the Supplier submitted to a Relevant Tax Authority on or after 1 October 2012 which is found on or after 1 April 2013 to be incorrect as a result of: a) a Relevant Tax Authority successfully challenging the Supplier under the General Anti-Abuse Rule or the Halifax abuse principle or under any tax rules or legislation in any jurisdiction that have an effect equivalent or similar to the General Anti- Abuse Rule or the Halifax abuse principle, or b) the failure of an avoidance scheme which the Supplier was involved in, and which was, or should have been, notified to a Relevant Tax Authority under the Disclosure of Tax Avoidance Schemes (DOTAS) or any equivalent or similar regime in any jurisdiction; and/or c) any tax return of the Supplier submitted to a Relevant Tax Authority on or after 1 October 2012 which gives rise, on or after 1 April 2013, to a criminal conviction in any jurisdiction for tax related offences which is not spent at the Appointment Date or to a civil penalty for fraud or evasion. OJEU Notice The advertisement for this procurement issued in the Official Journal of the European Union with the number. Open Book Data Complete and accurate financial and non-financial information which is sufficient to enable CCS to verify the Charges already paid or payable and Charges forecast to be paid during the Term and term of any Contracts, including details and all assumptions relating to: a) the Supplier’s costs broken down against each Service and/or deliverable, including actual capital expenditure (including capital replacement costs) and the unit cost and total actual costs of all Services; b) operating expenditure relating to the provision of the Services including an analysis showing: c) the unit costs and quantity any consumables and bought-in goods and services; d) manpower resources broken down into the number and grade/role of all Supplier personnel (free of any contingency) together with a list of agreed rates against each manpower grade; and e) a list of costs underpinning those rates for each manpower grade, being the agreed rate less the Supplier profit margin. Order An order from a Customer to a Supplier for the provision of Services, placed in accordance with the Call for Competition Process. Party Either CCS or the Supplier. Persistent Failure Any of: a) two (2) or more failures by the Supplier to accept an Order within two (2) Working Days of receipt in any rolling period of twelve (12) Months (other than when the Supplier’s failure to accept an Order is due to a conflict of interest), or b) 3 or more failures by the Supplier to provide Management Information by the Reporting Date in any rolling period of twelve (12) Months, or c) 2 or more failures by the Supplier to meet the KPI Targets (whether the failures relate to the same or different KPI Targets) in relation to one or more Contracts in any rolling period of twelve (12) Months Proceedings Refers to both arbitration proceedings which have been commenced and court proceedings where a letter before action or a notice of claim has been issued.

Ministry of Justice. Codes The Ministry of Justice Codes of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA issued under sections 45 and 46 of the FOIA as amended. Ministry of Justice Guidance Ministry Guxxxxxx Xinistry of Justice Guidance in relation to section 9 of the Xxxxxxx Xxx 0000Bribery Act 2010. It is available at xxxx://xxx.xxxxxxx.xxx.xx/guidance/docs/bribery-act- 2010-guidance.pdfxxxx://xxx.xxxxxxx.xxx.xx/guidance/docs/bribery-­act-­ 2010-­guidance.pdf. RM6003 – Media Buying Framework Agreement Attachment 46003 Version 1 MISO 'Management Information System Online', an online portal located at xxxxx://xxxx.xxx.xxxxxxxxxxxxx.xxx.xx provided by CCS for collection and receipt of Management Information. Month An entire calendar Monthmonth. “Monthly” shall be interpreted accordingly. Net Media Value The cost invoiced by Media Owners in respect of Media Placements net of all discounts AVBs and standard agency commission and other fees. Occasion of Tax Non- Non-­ Compliance This is where any tax return of the Supplier Agency submitted to a Relevant Tax Authority on or after 1 October 2012 which is found on or after 1 April 2013 to be incorrect as a result of: a) a Relevant Tax Authority successfully challenging the Supplier Agency under the General Anti-Abuse Anti-­Abuse Rule or the Halifax abuse principle or under any tax rules or legislation in any jurisdiction that have an effect equivalent or similar to the General Anti- Abuse Anti-­Abuse Rule or the Halifax abuse principle, or b) the failure of an avoidance scheme which the Supplier Agency was involved in, and which was, or should have been, notified to a Relevant Tax Authority under the Disclosure of Tax Avoidance Schemes (DOTAS) or any equivalent or similar regime in any jurisdiction; jurisdiction;; and/or c) any tax return of the Supplier Agency submitted to a Relevant Tax Authority on or after 1 October 2012 which gives rise, on or after 1 April 2013, to a criminal conviction in any jurisdiction for tax related offences which is not spent at the Appointment Date or to a civil penalty for fraud or evasion. OJEU Notice The advertisement for this procurement issued in the Official Journal of the European Union with the numbernumber 2018/S 031-­067788. Open Book Data Complete and accurate financial and non-financial non-­financial information which is sufficient to enable CCS to verify the Charges already paid or payable and Charges RM6003 – Media Buying Framework Agreement Attachment 46003 Version 1 forecast to be paid during the Term and term of any Call -­Off Contracts, including details and all assumptions relating to: a) the SupplierAgency’s costs broken down against each Service and/or deliverable, including actual capital expenditure (including capital replacement costs) and the unit cost and total actual costs of all Services; Services;; b) operating expenditure relating to the provision of the Services including an analysis showing: c) the unit costs and quantity any consumables and bought-in bought-­in goods and services; services;; d) manpower resources broken down into the number and grade/role of all Supplier Agency personnel (free of any contingency) together with a list of agreed rates against each manpower grade; grade;; and e) a list of costs underpinning those rates for each manpower grade, being the agreed rate less the Supplier Agency profit margin. Order An order from a Customer Client to a Supplier an Agency for the provision of Services, placed in accordance with the Call Call-­Off Process. Over Delivery The Agency has exceeded the Performance Guarantee for Competition Processa cost equal to or less than the Price Guarantee for that Performance Guarantee for a particular channel in any Pricing Year. Party Either CCS or the SupplierAgency. Performance Guarantee The minimum result (in terms of audience views, clicks or similar) the Agency agrees to deliver for each Price Guarantee as set out for each media channel in Annex A of Schedule 3 (Charging Structure). Persistent Failure Any of: a) two (2) 4 or more failures by the Supplier Agency to accept an Order within two (2) 2 Working Days of receipt in any rolling period of twelve (12) 12 Months (other than when the SupplierAgency’s failure to accept an Order is due to a conflict of interest), or b) 3 2 or more failures by the Supplier Agency to provide Management Information by the Reporting Date in any rolling period of twelve (12) 12 Months, or RM6003 – Media Buying Framework Agreement Attachment 46003 Version 1 c) 2 or more failures by the Supplier Agency to meet the KPI Targets (whether the failures relate to the same or different KPI Targets) in relation to one or more Call-­Off Contracts in any rolling period of twelve 12 Months Personal Data Has the same meaning as set out in the GDPR. Personal Data Breach Has the same meaning as set out in the GDPR. Pricing Year a) for Pricing Year 1 a period of 14 months running from November 2018 to December 2019;; b) for Pricing Year 2 a period of 12 months running from [ Jan 2020 ] to [ Dec 2020 ];; c) for Pricing Year 3 a period of 12 months running from [ Jan 2021 ] to [ Dec 2021 ];; and d) for Pricing Year 4 a period of 5 months running from [ Jan 2022 ] to [ May 2022 ]. Pricing Guarantees The maximum price given for each of the Performance Guarantees as specified in Annex A to Framework Schedule 3 (12Charging Structure) Months or as agreed in accordance with paragraph 4 in Framework Schedule 3 (Charging Structure) Proceedings Refers to both arbitration proceedings which have been commenced and court proceedings where a letter before action or a notice of claim has been issued. Processor Has the same meaning as set out in the GDPR.

Ministry of Justice. Codes The Ministry of Justice Codes of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA issued under sections 45 and 46 of the FOIA as amended. Ministry of Justice Guidance Xxxxxxxx Ministry of Justice Guidance in relation to section 9 of the Xxxxxxx Xxx 0000Bribery Act 2010. It is available at xxxx://xxx.xxxxxxx.xxx.xx/guidance/docs/bribery-act- 2010-guidance.pdf. MISO 'Management Information System Online', an online portal located at xxxxx://xxxx.xxx.xxxxxxxxxxxxx.xxx.xx provided by CCS for collection and receipt of Management Information. Month An entire calendar Monthmonth. “Monthly” shall be interpreted accordingly. Occasion of Tax Non- Compliance This is where any tax return of the Supplier submitted to a Relevant Tax Authority on or after 1 October 2012 which is found on or after 1 April 2013 to be incorrect as a result of: a) a Relevant Tax Authority successfully challenging the Supplier under the General Anti-Abuse Rule or the Halifax abuse principle or under any tax rules or legislation in any jurisdiction that have an effect equivalent or similar to the General Anti- Anti-Abuse Rule or the Halifax abuse principle, or b) the failure of an avoidance scheme which the Supplier was involved in, and which was, or should have been, notified to a Relevant Tax Authority under the Disclosure of Tax Avoidance Schemes (DOTAS) or any equivalent or similar regime in any jurisdiction; and/or c) any tax return of the Supplier submitted to a Relevant Tax Authority on or after 1 October 2012 which gives rise, on or after 1 April 2013, to a criminal conviction in any jurisdiction for tax related offences which is not spent at the Appointment Date or to a civil penalty for fraud or evasion. OJEU Notice The advertisement for this procurement issued in the Official Journal of the European Union with the numbernumber [Number]. Open Book Data Complete and accurate financial and non-financial information which is sufficient to enable CCS to verify the Charges already paid or payable and Charges forecast to be paid during the Term and term of any Call -Off Contracts, including details and all assumptions relating to: a) the Supplier’s costs broken down against each Service and/or deliverable, including actual capital expenditure (including capital replacement costs) and the unit cost and total actual costs of all Services; b) operating expenditure relating to the provision of the Services including an analysis showing: c) the unit costs and quantity any consumables and bought-in goods and services; d) manpower resources broken down into the number and grade/role of all Supplier personnel (free of any contingency) together with a list of agreed rates against each manpower grade; and e) a list of costs underpinning those rates for each manpower grade, being the agreed rate less the Supplier profit margin. Order An order from a Customer to a Supplier for the provision of Services, placed in accordance with the Call for Competition Call-Off Process. Party Either CCS or the Supplier. Persistent Failure Any of: a) two (2) 2 or more failures by the Supplier to accept an Order within two (2) 2 Working Days of receipt in any rolling period of twelve (12) 12 Months (other than when the Supplier’s failure to accept an Order is due to a conflict of interest), or b) 3 or more failures by the Supplier to provide Management Information by the Reporting Date in any rolling period of twelve (12) 12 Months, or c) 2 or more failures by the Supplier to meet the KPI Targets (whether the failures relate to the same or different KPI Targets) in relation to one or more Call-Off Contracts in any rolling period of twelve (12) 12 Months Proceedings Refers to both arbitration proceedings which have been commenced and court proceedings where a letter before action or a notice of claim has been issued.

Ministry of Justice. Codes The Ministry of Justice Codes of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA issued under sections 45 and 46 of the FOIA as amended. Ministry of Justice Guidance Xxxxxxxx Ministry of Justice Guidance in relation to section 9 of the Xxxxxxx Xxx 0000Bribery Act 2010. It is available at xxxx://xxx.xxxxxxx.xxx.xx/guidance/docs/bribery-act- 2010-guidance.pdfxxxx://xxx.xxxxxxx.xxx.xx/guidance/docs/bribery-­act-­ 2010-­guidance.pdf. RM6003 – Media Buying Framework Agreement Attachment 46003 Version 1 MISO 'Management Information System Online', an online portal located at xxxxx://xxxx.xxx.xxxxxxxxxxxxx.xxx.xx provided by CCS for collection and receipt of Management Information. Month An entire calendar Monthmonth. “Monthly” shall be interpreted accordingly. Net Media Value The cost invoiced by Media Owners in respect of Media Placements net of all discounts AVBs and standard agency commission and other fees. Occasion of Tax Non- Non-­ Compliance This is where any tax return of the Supplier Agency submitted to a Relevant Tax Authority on or after 1 October 2012 which is found on or after 1 April 2013 to be incorrect as a result of: a) a Relevant Tax Authority successfully challenging the Supplier Agency under the General Anti-Abuse Anti-­Abuse Rule or the Halifax abuse principle or under any tax rules or legislation in any jurisdiction that have an effect equivalent or similar to the General Anti- Abuse Anti-­Abuse Rule or the Halifax abuse principle, or b) the failure of an avoidance scheme which the Supplier Agency was involved in, and which was, or should have been, notified to a Relevant Tax Authority under the Disclosure of Tax Avoidance Schemes (DOTAS) or any equivalent or similar regime in any jurisdiction; jurisdiction;; and/or c) any tax return of the Supplier Agency submitted to a Relevant Tax Authority on or after 1 October 2012 which gives rise, on or after 1 April 2013, to a criminal conviction in any jurisdiction for tax related offences which is not spent at the Appointment Date or to a civil penalty for fraud or evasion. OJEU Notice The advertisement for this procurement issued in the Official Journal of the European Union with the numbernumber 2018/S 031-­067788. Open Book Data Complete and accurate financial and non-financial non-­financial information which is sufficient to enable CCS to verify the Charges already paid or payable and Charges RM6003 – Media Buying Framework Agreement Attachment 46003 Version 1 forecast to be paid during the Term and term of any Call -­Off Contracts, including details and all assumptions relating to: a) the SupplierAgency’s costs broken down against each Service and/or deliverable, including actual capital expenditure (including capital replacement costs) and the unit cost and total actual costs of all Services; Services;; b) operating expenditure relating to the provision of the Services including an analysis showing: c) the unit costs and quantity any consumables and bought-in bought-­in goods and services; services;; d) manpower resources broken down into the number and grade/role of all Supplier Agency personnel (free of any contingency) together with a list of agreed rates against each manpower grade; grade;; and e) a list of costs underpinning those rates for each manpower grade, being the agreed rate less the Supplier Agency profit margin. Order An order from a Customer Client to a Supplier an Agency for the provision of Services, placed in accordance with the Call Call-­Off Process. Over Delivery The Agency has exceeded the Performance Guarantee for Competition Processa cost equal to or less than the Price Guarantee for that Performance Guarantee for a particular channel in any Pricing Year. Party Either CCS or the SupplierAgency. Performance Guarantee The minimum result (in terms of audience views, clicks or similar) the Agency agrees to deliver for each Price Guarantee as set out for each media channel in Annex A of Schedule 3 (Charging Structure). Persistent Failure Any of: a) two (2) 4 or more failures by the Supplier Agency to accept an Order within two (2) 2 Working Days of receipt in any rolling period of twelve (12) 12 Months (other than when the SupplierAgency’s failure to accept an Order is due to a conflict of interest), or b) 3 2 or more failures by the Supplier Agency to provide Management Information by the Reporting Date in any rolling period of twelve (12) 12 Months, or RM6003 – Media Buying Framework Agreement Attachment 46003 Version 1 c) 2 or more failures by the Supplier Agency to meet the KPI Targets (whether the failures relate to the same or different KPI Targets) in relation to one or more Call-­Off Contracts in any rolling period of twelve 12 Months Personal Data Has the same meaning as set out in the GDPR. Personal Data Breach Has the same meaning as set out in the GDPR. Pricing Year a) for Pricing Year 1 a period of 14 months running from November 2018 to December 2019;; b) for Pricing Year 2 a period of 12 months running from [ Jan 2020 ] to [ Dec 2020 ];; c) for Pricing Year 3 a period of 12 months running from [ Jan 2021 ] to [ Dec 2021 ];; and d) for Pricing Year 4 a period of 5 months running from [ Jan 2022 ] to [ May 2022 ]. Pricing Guarantees The maximum price given for each of the Performance Guarantees as specified in Annex A to Framework Schedule 3 (12Charging Structure) Months or as agreed in accordance with paragraph 4 in Framework Schedule 3 (Charging Structure) Proceedings Refers to both arbitration proceedings which have been commenced and court proceedings where a letter before action or a notice of claim has been issued. Processor Has the same meaning as set out in the GDPR.