Common use of Relevant Convictions Clause in Contracts

Relevant Convictions. 6.4.7.1. The Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Supplier to have any Relevant Convictions (whether as a result of a police check or through the Disclosure and Barring Service (DBS) procedures or otherwise), is employed or engaged in any part of the provision of the Services without Approval. 6.4.7.2. For each member of Staff who, in providing the Services, has, will have or is likely to have access to children, vulnerable persons or other members of the public to whom the Trust owes a special duty of care, the Supplier shall (and shall procure that any relevant Sub-contractor shall) and shall provide evidence upon request that such obligations have been met: a) carry out a police check; b) conduct thorough questioning regarding any Relevant Convictions; and c) obtain a valid disclosures check and such other checks as may be carried out through the Disclosure and Barring Service before the Supplier or any Sub-contractor engages the member of Staff in the provision of the Services; and the Supplier shall not (and shall ensure that any Sub-contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or an inappropriate record. 6.4.7.3. The Supplier shall monitor the level and validity of the checks under this clause 6.4 for each member of staff. The Supplier shall use its reasonable endeavours to procure that the Trust is advised and kept informed at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff receives a Relevant Conviction or whose previous Relevant Convictions or inappropriate record become known to the Supplier 6.4.7.4. The Supplier warrants that at all times for the purposes of this Agreement it has no reason to believe that any person who is or who will be employed or engaged by the Supplier in the provision of the Services is barred form the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulation made thereunder, as amended from time to time.

Relevant Convictions. 6.4.7.1. 48.1 The Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Supplier to have any Relevant Convictions (whether as a result of a police check or through the Disclosure and Barring Service (DBS) Criminal Records Bureau procedures or otherwise), is employed or engaged in any part of the provision of the Services without Approval. 6.4.7.2. 48.2 For each member of Staff who, in providing the Services, has, will have or is likely to have access to children, vulnerable persons or other members of the public to whom the Trust Customer owes a special duty of care, the Supplier shall (and shall procure that any the relevant Sub-contractor shall) and shall provide evidence upon request that such obligations have been met:): a) 48.2.1 carry out a police checkpolicy check with the records held by DCSF; b) 48.2.2 conduct thorough questioning regarding any Relevant Convictions; and; c) obtain 48.2.3 ensure a valid disclosures police check is completed and such other checks as may be carried out through the Disclosure and Barring Service before the Supplier or any Sub-contractor engages the member of Staff in the provision Criminal Records Bureau; and 48.2.4 ensure a check for registration of the Services; person with the Independent Safeguarding Authority is carried out and ensure that such person is not a "barred person" for the purposes of the Safeguarding Vulnerable Groups Act 2006, and the Supplier shall not (and shall ensure that any Sub-contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or an inappropriate record. 6.4.7.3. The Supplier APPENDIX TO SCHEDULE 4 SCHEDULE [ ]‌ In this schedule the following provisions shall monitor have the level and validity meanings given to them below: "Breach of the checks under this clause 6.4 for each member of staff. The Supplier shall use its reasonable endeavours to procure that the Trust is advised and kept informed at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff receives a Relevant Conviction or whose previous Relevant Convictions or inappropriate record become known to the Supplier 6.4.7.4. The Supplier warrants that at all times for the purposes of this Agreement it has no reason to believe that any person who is or who will be employed or engaged by the Supplier in the provision of the Services is barred form the activity Security" in accordance with the provisions security requirements in paragraph 2.5 of the Safeguarding Vulnerable Groups Act 2006 Order Form and the Security Policy, the occurrence of: (a) any regulation made thereunderunauthorised access to or use of the Services, as amended from time to time.the Premises, the Sites, the Supplier System and/or any ICT, information or data (including the Confidential Information and the Customer Data) used by the Customer and/or the Supplier in connection with this Contract; and/or (b) the loss and/or unauthorised disclosure of any information or data (including the Confidential Information and the Customer Data), including any copies of such information or data, used by the Customer and/or the Supplier in connection with this Contract;

Relevant Convictions. 6.4.7.1. The Supplier Service Provider shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Supplier Service Provider or Customer (and notified to the Service Provider) to have any Relevant Convictions (whether as a result of a police check or through the Disclosure and Barring Service (DBS) Criminal Records Bureau procedures or otherwise), is employed or engaged in the provision of any part of the provision of the Services without Approval. 6.4.7.2the Customer's prior and express written consent. For each member of Staff the Service Provider Personnel who are providing the Services who, in providing the Services, has, will have or is likely to have have, access to children, vulnerable persons or other members of the public to whom the Trust Customer owes a special duty of care, care the Supplier Service Provider shall (and shall procure that any the relevant Sub-contractor shall) and shall provide evidence upon request that such obligations have been met: a) carry out a police check; b) ): conduct thorough questioning regarding any Relevant Convictions; and c) obtain and ensure a valid disclosures police check is completed and such other checks as may be carried out through the Disclosure and Barring Service before the Supplier or any Sub-contractor engages the member of Staff in the provision of the Services; Criminal Records Bureau, and the Supplier Service Provider shall not (and shall ensure that any a Sub-contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or what would reasonably be regarded as an inappropriate record. 6.4.7.3. The Supplier shall monitor parties have agreed to the level and validity appointment of the checks under this clause 6.4 for each member of staffKey Personnel listed in schedule 4.4 (Key Personnel) as at the Effective Date. The Supplier Service Provider shall use its reasonable endeavours to and shall procure that any Sub-contractor shall: except in circumstances outside the Trust is advised and kept informed at all times Service Provider’s control, obtain the prior written consent of the Customer Relationship Manager before removing or replacing any member of Staff who, subsequent the Key Personnel from their corresponding role during the Term (including when carrying out Exit Management); and where possible provide at least three (3) months written notice of its intention to his/her commencement of employment as a replace any member of Staff receives a Relevant Conviction Key Personnel from their corresponding role. The Customer Relationship Manager shall not unreasonably delay or whose previous Relevant Convictions or inappropriate record become known withhold its consent to the Supplier 6.4.7.4appointment of a replacement to any relevant member of Key Personnel by the Service Provider or Sub-contractor. The Supplier warrants that at all times Service Provider will submit the name, relevant qualifications and experience of a proposed replacement person to the Customer Relationship Manager for acceptance. The Customer Relationship Manager may interview the candidates for Key Personnel roles before such candidate is appointed to such role. For the avoidance of doubt the Customer Relationship Manager will be entitled to reject a candidate if his relevant qualifications and/or experience are not appropriate for the purposes of this Agreement it has no reason role he is going to believe perform and if he does not have the qualifications and experience specified in schedule 4.4 (Key Personnel). The Service Provider acknowledges that any person who is or who will be employed or engaged by the Supplier in Key Personnel are essential to the proper provision of the Services to the Customer. The Service Provider shall ensure that the role of any Key Personnel is barred form not vacant for any longer than ten (10) Working Days and that any replacement shall be qualified, experienced and competent as the activity in accordance with previous incumbent of such role and fully competent to carry out the provisions tasks assigned to the role of the Safeguarding Vulnerable Groups Act 2006 member of Key Personnel whom he or she has replaced and has the relevant qualifications and experience specified in schedule 4.4 (Key Personnel). The Service Provider shall ensure that each of the Key Personnel shall work for such a period of time in the performance of the Services that is commensurate with and sufficient to perform the obligation of that person's role unless the Customer Relationship Manager otherwise gives its prior written consent. To the extent that it can do so without disregarding its statutory and contractual obligations, the Service Provider shall take all reasonable steps to ensure that it retains the services of all the Key Personnel. The Customer Relationship Manager may identify any regulation made thereunderof the roles performed by Service Provider Personnel as Key Personnel, as amended from time who will then be included on the list of Key Personnel by the Service Provider. The Customer Relationship Manager may make a written demand setting out its reasons and requiring the Service Provider to timeremove any member of the Key Personnel that the Customer Relationship Manager considers in any respect unsatisfactory. The Customer shall not be liable for the cost of replacing any member appointed to a Key Personnel role and the Service Provider shall indemnify and keep indemnified the Customer against all reasonable Employee Liabilities that may arise directly in this respect. In the event of any claim, demand or action to which the indemnity in clause 25 (The Service Provider Personnel) or clause 35 (Key Personnel) applies, the Customer Relationship Manager will: promptly notify the Service Provider in writing of the claim, demand or action; allow the Service Provider to conduct all negotiations and proceedings and will provide the Service Provider with such reasonable assistance required by the Service Provider, each at the Service Provider’s reasonable cost, regarding the claim, demand or action; and not, without the Service Provider’s consent, make an admission (or unapproved payment) relating to the claim, demand or action.

Relevant Convictions. 6.4.7.1The Supplier shall comply with all relevant policies, procedures, rules, regulations and reasonable requirements (including those relating to security arrangements) of the Customer whilst present at and engaged within the boundaries of the Customer’s Premises. The Customer shall provide copies of its relevant written policies and procedures to the Supplier upon reasonable request. The Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Supplier to have any Relevant Convictions (whether as a result of a police check or through the Disclosure and Barring Service (DBS) Criminal Records Bureau procedures or otherwise), is employed or engaged in any part of the provision of the Services without Approval. 6.4.7.2. For each member of Staff who, in providing the Services, has, will have or is likely to have access to children, vulnerable persons or other members of the public to whom the Trust Customer owes a special duty of care, the Supplier shall (and shall procure that any the relevant Sub-contractor Contractor shall) and shall provide evidence upon request that such obligations have been met: a) carry out a police check; b) ): conduct thorough questioning regarding any Relevant Convictions; and c) obtain and ensure a valid disclosures police check is completed and such other checks as may be carried out through the Disclosure and Barring Service before the Supplier or any Sub-contractor engages the member of Staff in the provision of the Services; Criminal Records Bureau, and the Supplier shall not (and shall ensure that any Sub-contractor Contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or an inappropriate record. 6.4.7.3. The Supplier shall monitor Where the level and validity Supplier’s Staff is required to have a pass for admission to the Customer’s Premises, the Customer’s Representative shall, subject to satisfactory completion of approval procedures, arrange for passes to be issued. Staff who cannot produce a proper pass when required to do so by any appropriate personnel or agent of the checks under this clause 6.4 for each member Customer, or who contravene any conditions on the basis of staff. The Supplier shall use its reasonable endeavours to procure that which the Trust is advised and kept informed at all times of any member of Staff whopass was issued, subsequent to his/her commencement of employment as a member of Staff receives a Relevant Conviction or whose previous Relevant Convictions or inappropriate record become known may be refused admission to the Supplier 6.4.7.4Customer’s Premises or be required to leave those Customer’s Premises if already there. The Supplier warrants that Staff shall promptly return any pass if at all times for any time the purposes of this Agreement it has no reason to believe that any person who is or who will be employed or engaged by the Supplier in the provision of the Services is barred form the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulation made thereunder, as amended from time to time.Contract Manager so requires. TUPE

Relevant Convictions. 6.4.7.14.3.6.1. The Supplier shall ensure that no person who discloses that he has a Relevant Conviction, or who is found by the Supplier to have any Relevant Convictions (whether as a result of a police check or through the Disclosure and Barring Service (DBS) procedures or otherwise), ) is employed or engaged in any part of the provision of the Services without Approval. 6.4.7.24.3.6.2. For each member of Staff who, in providing the Services, has, will have or is likely to have access to children, vulnerable persons or other members of the public to whom the Trust Authority owes a special duty of care, the Supplier shall (and shall procure that any relevant Sub-contractor shall) shall and shall provide evidence upon request that such obligations have been met:): a) carry out a police check; b) conduct thorough questioning regarding any Relevant Convictions; and c) obtain a valid enhanced disclosures check and such other checks as may be carried out through the Disclosure and Barring Service before the Supplier or any Sub-contractor engages the member of Staff in the provision of the Services; and the Supplier shall not (and shall ensure that any Sub-contractor shall not) engage or continue to employ in the provision of the Services any person who has a Relevant Conviction or an inappropriate record. 6.4.7.34.3.6.3. The Supplier shall monitor the level and validity of the checks under this clause 6.4 4.3 for each member of staff. The Supplier shall use its reasonable endeavours to procure that the Trust Authority is advised and kept informed at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff receives a Relevant Conviction or whose previous Relevant Convictions or inappropriate record become known to the Supplier. 6.4.7.44.3.6.4. The Supplier warrants that at all times for the purposes of this Agreement it has no reason to believe that any person who is or who will be employed or engaged by the Supplier in the provision of the Services is barred form from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulation made thereunder, as amended from time to time.