STATUTORY AND REGULATORY DUTIES Clause Samples
The "Statutory and Regulatory Duties" clause establishes that the parties to the agreement are required to comply with all applicable laws, statutes, and regulations relevant to the contract. In practice, this means each party must ensure their actions under the agreement do not violate any governmental rules, such as health and safety standards, data protection laws, or industry-specific regulations. This clause serves to clarify that legal compliance is a fundamental obligation, helping to prevent legal disputes and ensuring that the contract does not inadvertently require or permit unlawful conduct.
STATUTORY AND REGULATORY DUTIES. 2.1. The Service provided under this contract must be provided in accordance with (but not limited to) the requirements of:
a) The Care Act 2014
b) Care Standards Act 2000 (including any amendments, modifications or re- enactments)
c) The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, and 2022
d) CQC
e) Adult Social Care Outcomes Framework
f) The National Minimum Standards for Domiciliary Care
g) The Domiciliary Care Agencies Regulations 2002
h) Mental Capacity Act 2005 (Deprivation of Liberty Safeguards)
i) Equality Act 2010
j) Human Rights Act 1998
k) Autism Act 2009
l) Deprivation of Liberty Safeguards
m) Manual Handling Operations Regulations
n) Service Users’ individual assessed needs and outcomes and any subsequent assessment, Care and Support Plan or review documentation
o) Any future legislative changes or changes to National Minimum Standards that determine the standard of care to be delivered.
2.2. The Provider will deliver the Services in compliance with the Care Act 2014 at all times. Further the Provider will deliver the Services in a manner that ensures the Council complies with its obligations under the Care Act 2014 so far as such obligations relate to the Services.
2.3. From time to time, the Councils may seek the Provider’s agreement to comply with the standards and recommendations issued by any relevant professional or by the National Institute for Health and Social Care Excellence (or any other equivalent body).
2.4. The Provider is required to know and keep up to date with best practice in relation to the delivery of home care services.