Common use of Relevant Convictions Clause in Contracts

Relevant Convictions. The Supplier shall carry out checks for Relevant Convictions prior to any Supplier Personnel providing Services under the Commercial Agreement and/or any Enabling Agreement. The Supplier shall ensure that no person who has a Relevant Conviction or who discloses that he has a Relevant Conviction, or who is found to have any Relevant Convictions, is employed or engaged in any part of the provision of the Services without Approval. Due Diligence The Supplier acknowledges that: The Authority has delivered or made available to the Supplier all of the information and documents that the Supplier considers necessary or relevant for the performance or its obligations under the Commercial Agreement; it has made its own enquiries to satisfy itself as to the accuracy of the Due Diligence Information; it has satisfied itself (whether by inspection or having raised all relevant due diligence questions with the Authority before the Commencement Date of the Commercial Agreement) and has entered into the Commercial Agreement in reliance on its own due diligence alone; and it shall not be excused from the performance of any of its obligations under the Commercial Agreement on the grounds of, nor shall the Supplier be entitled to recover any additional costs or charges (including by way of increasing the Service Fees or reducing the level of Management Charge) arising as a result of any: misrepresentation of the requirements of the Supplier in the Invitation to Tender or elsewhere; and/or failure by the Supplier to satisfy itself as to the accuracy and/or adequacy of the Due Diligence Information. Implementation Plan The Supplier shall populate the Implementation Plan set out in Annex 3 (Implementation Plan) of the Enabling Agreement pursuant to paragraph 2 of Schedule 7 (Implementation Schedule). Sustainability The Supplier acknowledges that the Authority places great emphasis on sustainability. The Supplier shall be responsible for the sustainability of the Services and Supplier’s systems and shall at all times provide a level of sustainability which is in accordance with Good Industry Practice, the Law, the Standards, and any sustainability requirements set out Schedule 19 – Sustainability and Social Value and elsewhere in the Commercial Agreement. The Authority shall have the right to request that the Supplier provide a Continuous Improvement Plan in connection with the sustainability requirements described herein and on receipt of such request, the Parties shall meet to discuss and finalise such plan as soon as reasonably practicable. On finalisation of the agreed Continuous Improvement Plan, the Parties shall comply with their respective obligations in accordance with the terms of the agreed plan. Standards The Supplier shall comply with the Standards at all times during the performance by the Supplier of the Commercial Agreement. Throughout the Commercial Agreement Period, the Parties shall notify each other of any new or emergent standards which could affect the Supplier’s provision of the Services. The adoption of any such new or emergent standard, or changes to existing Standards, shall be agreed in accordance with Schedule 16 (Variation of Commercial Agreement Form). Where a new or emergent standard is to be developed or introduced by the Authority, the Supplier shall be responsible for ensuring that the potential impact on the Supplier’s provision of the Services is explained to the Authority, prior to the implementation of the new or emergent Standard. Where Standards referenced conflict with each other or with best professional or industry practice adopted after the Commencement Date, then the later Standard or best practice shall be adopted by the Supplier. The Supplier shall ensure that the Supplier Personnel shall at all times during the Commercial Agreement Period: be appropriately experienced, qualified and trained to supply the Services in accordance with the Commercial Agreement; apply all due skill, care, diligence in faithfully performing those duties and exercising such powers as necessary in connection with the provision of the Services; and obey all lawful instructions and reasonable directions of the Authority (including, if so required by the Authority, the ICT Policy) and provide the Services to the reasonable satisfaction of the Authority.

Relevant Convictions. The Supplier shall carry out checks for Relevant Convictions prior to any Supplier Personnel providing Services under the Commercial Agreement and/or any Enabling Agreement. The Supplier shall ensure that no person who has a Relevant Conviction or who discloses that he has a Relevant Conviction, or who is found by the Supplier to have any Relevant ConvictionsConvictions (whether as a result of a police check or through the Criminal Records Bureau procedures or otherwise), is employed or engaged in the provision of any part of the provision Services involving the handling of the Services Authority’s data without Approvalthe Authority's prior and express written consent. Due Diligence The parties have agreed to the appointment of the Key Personnel as at the Effective Date. The Supplier acknowledges that: The Authority has delivered or made available to shall and shall procure that any Sub-contractor shall obtain the Supplier all prior written consent of the information and documents that the Supplier considers necessary or relevant for the performance or its obligations under the Commercial Agreement; it has made its own enquiries to satisfy itself as to the accuracy of the Due Diligence Information; it has satisfied itself (whether by inspection or having raised all relevant due diligence questions with the Authority before the Commencement Date removing or replacing any member of the Commercial Agreement) and has entered into Key Personnel from their corresponding role during the Commercial Agreement in reliance on its own due diligence alone; and it shall not be excused from the performance of any of its obligations under the Commercial Agreement on the grounds of, nor shall the Supplier be entitled to recover any additional costs or charges Term (including by way of increasing the Service Fees or reducing the level of Management Charge) arising as a result of any: misrepresentation of the requirements of the Supplier in the Invitation to Tender or elsewhere; and/or failure when carrying out Exit Management), and, where possible, at least three months written notice must be provided by the Supplier of its intention to satisfy itself as replace any member of Key Personnel from their corresponding role. The Authority shall not unreasonably delay or withhold its consent to the accuracy and/or adequacy appointment of a replacement to any relevant member of Key Personnel by the Due Diligence InformationSupplier or Sub-contractor. Implementation Plan The Supplier shall populate Authority may interview the Implementation Plan set out in Annex 3 (Implementation Plan) of the Enabling Agreement pursuant candidates for Key Personnel roles before such candidate is appointed to paragraph 2 of Schedule 7 (Implementation Schedule)such role. Sustainability The Supplier acknowledges that the Authority places great emphasis on sustainability. The Supplier shall be responsible for Key Personnel are essential to the sustainability of the Services and Supplier’s systems and shall at all times provide a level of sustainability which is in accordance with Good Industry Practice, the Law, the Standards, and any sustainability requirements set out Schedule 19 – Sustainability and Social Value and elsewhere in the Commercial Agreement. The Authority shall have the right to request that the Supplier provide a Continuous Improvement Plan in connection with the sustainability requirements described herein and on receipt of such request, the Parties shall meet to discuss and finalise such plan as soon as reasonably practicable. On finalisation of the agreed Continuous Improvement Plan, the Parties shall comply with their respective obligations in accordance with the terms of the agreed plan. Standards The Supplier shall comply with the Standards at all times during the performance by the Supplier of the Commercial Agreement. Throughout the Commercial Agreement Period, the Parties shall notify each other of any new or emergent standards which could affect the Supplier’s provision of the Services. The adoption of any such new or emergent standard, or changes to existing Standards, shall be agreed in accordance with Schedule 16 (Variation of Commercial Agreement Form). Where a new or emergent standard is to be developed or introduced by the Authority, the Supplier shall be responsible for ensuring that the potential impact on the Supplier’s proper provision of the Services is explained to the Authority, prior to the implementation of the new or emergent Standard. Where Standards referenced conflict with each other or with best professional or industry practice adopted after the Commencement Date, then the later Standard or best practice shall be adopted by the Supplier. The Supplier shall ensure that the role of any Key Personnel is not vacant for any longer than 10 Working Days and that any replacement shall be as or more qualified and experienced as the previous incumbent of such role and is fully competent 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 Services that is commensurate with and sufficient to perform the obligation of that person's role unless the Authority otherwise gives its prior written consent. To the extent that it can do so without disregarding its statutory obligations, the Supplier shall take all reasonable steps to ensure that it retains the services of all the Key Personnel. The Authority may identify any of the roles performed by Supplier Personnel shall at all times during as Key Personnel, who will then be included on the Commercial Agreement Period: be appropriately experienced, qualified and trained list of Key Personnel by the Supplier. The Authority may also require the Supplier to supply the Services in accordance with the Commercial Agreement; apply all due skill, care, diligence in faithfully performing those duties and exercising such powers as necessary in connection with the provision remove any member of the Services; and obey all lawful instructions and reasonable directions of Key Personnel that the Authority (including, if so required by considers in any respect unsatisfactory. The Authority shall not be liable for the Authority, cost of replacing any member appointed to a Key Personnel role and the ICT Policy) and provide Supplier shall indemnify the Services to the reasonable satisfaction of the AuthorityAuthority against all Employee Liabilities that may arise in this respect.