Common use of SAFEGUARDING CHILDREN AND VULNERABLE ADULTS Clause in Contracts

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. The parties acknowledge that the Supplier is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this Contract and for the purposes of the Safeguarding Vulnerable Groups Act 2006 The Supplier shall: ensure that all the Supplier’s Personnel who are registered health care workers (including but not limited to medical doctors, surgeons and nurses) are subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; and monitor the level and validity of the checks under this clause 29 for each member of the Supplier’s Personnel; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. The Supplier warrants that at all times it has no reason to believe that any of the Supplier’s Personnel are barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. The Supplier shall immediately notify the Authority of any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 29 have been met. The Supplier shall refer information about any of the Supplier’s Personnel carrying out the Services to the DBS where it removes permission for that member of the Supplier’s Personnel to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to the service users.

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. The parties acknowledge that the Supplier is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this Contract agreement and for the purposes of the Safeguarding Vulnerable Groups Act 2006 2006. The Supplier shall: shall ensure that all individuals engaged in the Supplier’s Personnel who are registered health care workers (including but not limited to medical doctors, surgeons and nurses) are provision of the Services are: subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) on an annual basis and hold including a valid DBS at all times when providing check against the Servicesadults' barred list or the children's barred list, as appropriate; and the Supplier shall monitor the level and validity of the checks under this clause 29 15.2 for each member of the Supplier’s Personnel; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service usersstaff. 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 will be employed or engaged by the Supplier in the provision of the Supplier’s Personnel are Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. The Supplier shall immediately notify the Authority Council of any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 29 15 have been met. The Supplier shall refer information about any of the Supplier’s Personnel person carrying out the Services to the DBS where it removes permission for that member of the Supplier’s Personnel such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to any [service users/children/vulnerable adults]. The Supplier shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. The Supplier shall ensure that any sub-contractors used to deliver the service usersshall be prepared to present a valid DBS check to the Council’s representative on site before commencing work. TUPE The parties agree that the provisions of Schedule 10 shall apply to any Relevant Transfer of staff under this agreement.

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. The parties acknowledge that the Supplier is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this Contract and for the purposes of the Safeguarding Vulnerable Groups Act 2006 The Supplier shall: ensure that all the Supplier’s Personnel Flexible Workers who are registered health care workers (including but not limited to medical doctors, surgeons and nurses) are subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; and monitor the level and validity of the checks under this clause 29 for each member of the Supplier’s Personnel; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. The Supplier Contracting Body warrants that at all times it has no reason to believe that any of the Supplier’s Personnel are barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. The Supplier Contracting Body shall immediately notify the Authority of any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 29 have been met. The Supplier Contracting Body shall refer information about any of the Supplier’s Personnel carrying out the Services to the DBS where it removes permission for that member of the Supplier’s Personnel to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to the service users.

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. The parties acknowledge that the Supplier School is a Regulated Activity Provider School with ultimate responsibility for the management and control of the Regulated Activity provided under this Contract Agreement and for the purposes of the Safeguarding Vulnerable Groups Act 2006 Xxx 0000. The Supplier shall: School shall ensure that all individuals engaged in the Supplier’s Personnel who are registered health care workers (including but not limited to medical doctors, surgeons and nurses) are provision of the Project are: subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) on an annual basis and hold including a valid DBS at all times when providing check against the Servicesadults' barred list or the children's barred list, as appropriate; and the School shall monitor the level and validity of the checks under this clause 29 14.2 for each member of the Supplier’s Personnel; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service usersstaff. The Supplier School warrants that at all times for the purposes of this Agreement it has no reason to believe that any person who is or will be employed or engaged by the School in the provision of the Supplier’s Personnel are Project is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. The Supplier School shall immediately notify the Authority Council of any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 29 14 have been met. The Supplier School shall refer information about any of the Supplier’s Personnel person carrying out the Services Programme to the DBS where it removes permission for that member of the Supplier’s Personnel such person to carry out the Services Programme (or would have, if such person had not otherwise ceased to carry out the ServicesProgramme) because, in its opinion, such person has harmed or poses a risk of harm to the any [service users/children/vulnerable adults]. The School shall not employ or use the Project of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. CONFIDENTIALITY Subject to clause 18 (Freedom of Information), each party shall during the term of this Agreement and thereafter keep secret and confidential all Intellectual Property Rights or Know-How or other business, technical or commercial information disclosed to it as a result of the Agreement and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with the terms of this Agreement or save as expressly authorised in writing by the other party. The obligation of confidentiality contained in this clause shall not apply or shall cease to apply to any Intellectual Property Rights, Know-How or other business, technical or commercial information which: at the time of its disclosure by the disclosing party is already in the public domain or which subsequently enters the public domain other than by breach of the terms of this Agreement by the receiving party; is already known to the receiving party as evidenced by written records at the time of its disclosure by the disclosing party and was not otherwise acquired by the receiving party from the disclosing party under any obligations of confidence; or is at any time after the date of this Agreement acquired by the receiving party from a third party having the right to disclose the same to the receiving party without breach of the obligations owed by that party to the disclosing party.

SAFEGUARDING CHILDREN AND VULNERABLE ADULTS. The parties acknowledge that the Supplier Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this Contract agreement, including sub contractors, and for the purposes of the Safeguarding Vulnerable Groups Act 2006 2006. The Supplier shall: Provider shall ensure that all individuals engaged in the Supplier’s Personnel who are registered health care workers (including but not limited to medical doctors, surgeons and nurses) are provision of the Services are: subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) on an annual basis and hold including a valid DBS at all times when providing check against the Servicesadults' barred list or the children's barred list, as appropriate; and the Provider shall monitor the level and validity of the checks under this clause 29 Condition 7.2 for each member of the Supplier’s Personnel; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service usersstaff. The Supplier Provider warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Provider in the provision of the Supplier’s Personnel are Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and any regulations made thereunder, as amended from time to time. The Supplier Provider shall immediately notify the Authority Employer of any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 29 Condition 7 have been met. The Supplier Provider shall refer information about any of the Supplier’s Personnel person carrying out the Services to the DBS Disclosure and Barring Service where it removes permission for that member of the Supplier’s Personnel such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to the any service users/children/vulnerable adults. The Provider shall not employ or use the services of any person, who will have contact to with learners or access to their records, who is barred from or whose previous conduct or records indicate that they would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. Staff If the Employer reasonably believes that any of the Staff are unsuitable to undertake work in respect of this Agreement, it may, by giving written notice to the Provider: refuse admission to the relevant person(s) to the Employer’s premises; direct the Provider to end the involvement in the provision of the Services of the relevant person(s); and/or require that the Provider replace any person removed under this clause with another suitably qualified person and procure that any security pass issued by the Employer to the person removed is surrendered; and the Provider shall comply with any such notice. The Provider shall: ensure that all Staff are vetted in accordance with the Staff Vetting Procedures; if requested, provide the Employer with a list of the names and addresses (and any other relevant information) of all persons who may require admission to the Employer’s premises in connection with this Agreement; and procure that all Staff comply with any rules, regulations and requirements reasonably specified by the Employer. Assignment and sub-contracting The Training Provider shall not without the prior written consent of the Employer assign, sub-contract, novate or in any way dispose of the benefit and/ or the burden of this Agreement or any part of this Agreement. For the avoidance of doubt that the Training Provider shall remain responsible for performance of the Services by any approved sub-contractor. Where the Provider enters into a sub-contract for the purpose of performing its obligations under this Agreement, it shall ensure that a provision is included in such sub-contract which requires payment to be made of all sums due by the Provider to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice. Any sub-contract shall be on terms which are consistent with these Conditions and shall be enforced by the Provider as reasonably necessary. The Employer may assign, novate, or otherwise dispose of its rights and obligations under this Agreement without the consent of the Provider provided that such assignment, novation or disposal shall not increase the burden of the Provider’s obligations under this Agreement.