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 ====== STANDARD TERMS ======
+---------------------
+. Interpretation
+.1 In this Contract the following expressions have the following meanings:
+“Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; “Advocacy Assistance” has the meaning given in section 15 of the Act;
+“Affiliate” means any other entity which directly or indirectly Controls, is Controlled by, or under direct or indirect common Control with you;
+“Agent” means an individual or organisation (other than Counsel) engaged by you to undertake Contract Work in accordance with the provisions of the Contract;
+“Appeals and Reviews” means work in respect of an appeal or review of a criminal conviction or sentence, and the making of an application to the Criminal Cases Review Commission (CCRC);
+“Approved Third Party” means an individual or organisation engaged by you to undertake non-legal work ancillary to Contract Work, including experts and translators but excluding Agents and Counsel;
+“Arrangements” means any arrangements made under the Act by us;
+“Assessment” means an assessment by us or by a competent court or tribunal, of the amount which (subject to the provisions of this Contract) is due in respect of a Claim (on an appeal or otherwise) and “Assess” has the associated meaning;
+“Associated Civil Work” means Legal Help and civil Legal Representation in actual or proposed proceedings:
+(a) for judicial review (including proceedings under the Human Rights Act 1998) or proceedings for habeas corpus, provided those proceedings arise from a Matter or Case within the "Crime" Category of Law; or
+(b) under the Proceeds of Crime Act 2002; or
+(c) Civil Legal Services in relation to proceedings for injunctions sought in respect of alleged anti-social behaviour arising under Part 1 section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014;
+“Audit” means:
+(a) an Official Investigation; and/or
+(b) an investigation by us in connection with the performance of your obligations and/or to check your compliance with your obligations under this Contract;
+“Auditor General” means an officer of the House of Commons who exercises its functions in accordance with the Budget Responsibility and National Audit Act 2011;
+“Authorisation” means any authorisation given for the purposes of section 5 of the Act or regulations made under that section;
+“Bank Covenants” means the agreed performance guidelines set for your Bank Facilities (if any);
+“Bank Facilities” means any overdraft limits or credit facility available to you and their associated terms;
+"Bribery Legislation" means the Bribery Act 2010 and any subordinate legislation made under it from time to time together with any guidance or codes of practice issued by the government concerning the legislation;
+----------------------
 Standard Crime Contract
 Standard Terms
-July 2016
-Contents
+February 2017
-Clause
+ Contents
-July 2016
 Clause Heading
 Interpretation
 Relationship and communication
 Working with third parties
 Financial disclosure and risk
 Equality and diversity
 Logos and marketing
 Your obligations, looking after Clients, compliance and self-monitoring
 Keeping records and completing and returning forms
 Provision of information and access to your premises
 Standard of Contract Work
 KPIs
 Contract Documents and precedence
 Amendments to the Contract Documents
 Your account with us, Claims, payments and Assessments
 Confidentiality
 Data protection
 FOIA
 Warranties
 Indemnity
 Giving notices
 Things you must tell us about
 Novations and Qualifying Events
 Bribery, collusion, false tenders, fraud and unethical behaviour
 Sanctions
 How this Contract can be ended
 Consequences of termination
 Reconsidering decisions and the review procedure
 Dispute resolution
 Governing law and jurisdiction
 General
 . Interpretation
 .1 In this Contract the following expressions have the following meanings:
 “Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
 “Advocacy Assistance” has the meaning given in section 15 of the Act;
 “Affiliate” means any other entity which directly or indirectly Controls, is Controlled
 by, or under direct or indirect common Control with you;
 “Agent” means an individual or organisation (other than Counsel) engaged by you
 to undertake Contract Work in accordance with the provisions of the Contract;
 “Appeals and Reviews” means work in respect of an appeal or review of a criminal
 conviction or sentence, and the making of an application to the Criminal Cases
 Review Commission (CCRC);
 “Approved Third Party” means an individual or organisation engaged by you to
 undertake non-legal work ancillary to Contract Work, including experts and
 translators but excluding Agents and Counsel;
 “Arrangements” means any arrangements made under the Act by us;
 “Assessment” means an assessment by us or by a competent court or tribunal, of
 the amount which (subject to the provisions of this Contract) is due in respect of
 a Claim (on an appeal or otherwise) and “Assess” has the associated meaning;
 “Associated Civil Work” means Legal Help and civil Legal Representation in actual
 or proposed proceedings:
 (a) for judicial review (including proceedings under the Human Rights Act
 ) or proceedings for habeas corpus, provided those proceedings
 arise from a Matter or Case within the "Crime" Category of Law; or
 (b) under the Proceeds of Crime Act 2002; or
 (c) Civil Legal Services in relation to proceedings for injunctions sought in
 respect of alleged anti-social behaviour arising under Part 1 section 1
 of the Anti-Social Behaviour, Crime and Policing Act 2014;
 “Audit” means:
 (a) an Official Investigation; and/or
 (b) an investigation by us in connection with the performance of your
 obligations and/or to check your compliance with your obligations
 under this Contract;
 “Auditor General” means an officer of the House of Commons who exercises its
 functions in accordance with the Budget Responsibility and National Audit Act
 ;
 “Authorisation” means any authorisation given for the purposes of section 5 of the
 Act or regulations made under that section;
-July 2016
+February 2017
 “Bank Covenants” means the agreed performance guidelines set for your Bank
 Facilities (if any);
 “Bank Facilities” means any overdraft limits or credit facility available to you and
 their associated terms;
 "Bribery Legislation" means the Bribery Act 2010 and any subordinate legislation
 made under it from time to time together with any guidance or codes of practice
 issued by the government concerning the legislation;
 “Business Continuity Plan” means your written plan setting out the processes and
 arrangements which you will follow to ensure continuity of your business processes
@@ Line 118: / Line 191: @@
 of Contract Work and the recovery of the provision of Contract Work in the event
 of an Unplanned Interruption;
 “Business Day” means any day except Saturday, Sunday and any bank or public
 holiday in England and Wales;
 “Business Hours” means 9am to 5.30pm each Business Day;
 “Case” means all the work carried out under this Contract in Criminal Proceedings
 and Prison Law for all Clients represented by you in those proceedings in respect
 of:
 (a) one offence (that is an offence for which the Client is charged or
 summoned or otherwise required to appear in court); or
 (b) more than one offence, where one or more charges or informations
 are preferred or laid at the same time; or where
 (c) the offences are allegedly founded on the same facts or form part of
 a series of offences;
 “Category of Law” or “Category” or “Category of Work” means a "category of law"
 set out in the Category Definitions document, published by us on our website (as
@@ Line 135: / Line 215: @@
 Contract Document such amendments would not have been prohibited by Clause
 .1);
 “CEDR” means the Centre for Effective Dispute Resolution;
 “Certificate” means as described in Legal Aid Legislation;
 “Change of Control” means a change of control that shall occur in respect of a
 person where:
 (a) Control of that person is obtained by any person who did not at the
 Contract Start Date hold Control of that person; or
 (b) a person who has Control of that person at any time during the
 Contract Period ceases to have Control of that person
@@ Line 146: / Line 231: @@
 person where its Ultimate Parent Company (if any) before the relevant event
 remains its Ultimate Parent Company after the event;
-July 2016
 “Civil Legal Services” has the meaning given to it in section 8 of the Act;
 “Civil Merits Regulations” means the Civil Legal Aid (Merits Criteria) Regulations
 ;
 “CJS Online” means the online system for managing the transmission of
 information between component parts of the criminal justice system including
 courts, police, prosecution and defence organisations;
 “Claim” means a claim for payment for Contract Work submitted on the Contract
 Report Form we specify for that purpose;
 “Class of Work” means Criminal Investigations, Criminal Proceedings, Appeals and
 Reviews, Prison Law and Associated Civil Work and “Class” and “Classes” have the
 corresponding meaning;
 “Clause” means a clause in these Standard Terms (unless specified otherwise);
 “Client” means an individual whom the Director (or a person authorised by the
 Director) or the court has determined qualifies for receipt of Contract Work and
 for whom you are performing or have performed Contract Work;
 “Comptroller” means an officer of the House of Commons who exercises its
 functions in accordance with the Budget Responsibility and National Audit Act
 ;
 “Constable” means a police officer, a British Transport Police officer, an officer of
 HM Revenue and Customs and any other official with a power of arrest by virtue
@@ Line 171: / Line 265: @@
 search premises or are required by section 66(9) of the Police and Criminal
 Evidence Act 1984 (PACE) to have regard to the PACE Codes of Practice;
 “Consultative Bodies” means The Law Society, the Legal Aid Practitioners Group,
 and The Bar Council. For Associated Civil Work only, Consultative Bodies also
 includes the Advice Services Alliance;
 “Contract” means the agreement between you and us which consists of the
 Contract Documents;
 “Contract Documents” has the meaning given to it in Clause 12.1;
 “Contract for Signature” means the document of that name issued by us and
 signed by you and us in relation to this Contract;
 “Contract Liaison Manager” means the member of your personnel nominated by
 you from time to time in accordance with Clause 2 to liaise with us on day to day
 matters concerning this Contract being, as at the Contract Start Date, as set out
 in your Contract for Signature;
 “Contract Manager” means a person nominated by us from time to time in
 accordance with Clause 2 to liaise with you about this Contract;
 “Contract Period” has the meaning given to it in the Contract for Signature;
 “Contract Report” means a report providing information required by us on any
 aspect of your performance under this Contract, on the Matters and cases
-July 2016
+commenced under it (including the Contract Work performed and the current
-commenced under it (including the Contract Work performed and the current
 position on each such Matter or case and the names and addresses of Clients) and
 on Claims made and payments received;
 “Contract Report Form” means such form as we may specify (in any format we
 specify, including electronic format) for making claims or for providing information
 about you and/or this Contract including, Contract Work, your performance under
 and compliance with this Contract or your legal status and constitution;
 “Contract Review Body” and “CRB” means the body appointed in accordance with
 Clause 27.14 to determine formal reviews pursuant to Clause 27;
 “Contract Start Date” means the date specified in your Contract for Signature as
 the date this Contract starts;
 “Contract Work” means the work that you may perform for Clients in the Category
 or Categories of Law and/or Class(es) of Work specified in your Schedule(s) and
 the Specification under, or by virtue of, this Contract;
 “Control” means the possession by a person or body directly or indirectly of the
 power to direct or cause the direction of your management, policies or affairs
 (whether through the exercise of voting shares, by contract or otherwise) and
 “Controlled” and “Controllers” shall be interpreted accordingly;
 “Costs Assessment Manuals” means our manuals setting out guidance as to how
 the courts will assess costs in Legal Aid matters and accordingly how we will Assess
 Claims, as may be amended by us provided that had the Costs Assessment
 Manuals been a Contract Document, such amendments would not have been
-prohibited by Clause 13.1; “Costs Assessment Guidance” has the corresponding
+prohibited by Clause 13.1;
-meaning;
 “Counsel” means a barrister or solicitor with higher rights of audience in
 independent practice;
 “Criminal Cases Review Commission” or “CCRC” means the independent body that
 reviews potential miscarriages of justice in criminal cases in England, Wales and
 Northern Ireland;
 “Criminal Defence Direct” is a service provided by independent contractors under
 separate contractual arrangements. Criminal Defence Direct’s role is to provide
 Police Station Telephone Advice for Clients at the Police Station on Matters which
 fall outside the scope of this Contract;
 “Criminal Investigations” means the Units of Work covered by the "Criminal
 Investigations" Class of Work set out at Paragraph 1.3 of the Specification;
 “Criminal Proceedings” has the meaning given to it in section 14 of the Act and
 regulation 9 of the Criminal Legal Aid (General) Regulations 2013;
 “Data” means as specified in the Data Protection Act 1998;
 “Data Protection Legislation” means the Data Protection Act 1998, the EU Data
 Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000,
@@ Line 245: / Line 358: @@
 Electronic
 Communications (EC Directive) (Amendment) Regulations 2011 and all applicable
-July 2016
+laws, regulations, statute, declaration, decree, directive, legislative enactment,
-laws, regulations, statute, declaration, decree, directive, legislative enactment,
+ order, ordinance, regulation, rule or other binding restriction (as amended,
-order, ordinance, regulation, rule or other binding restriction (as amended,
 consolidated or re-enacted from time to time) relating to the protection of
 individuals with regards to the processing of personal data and privacy to which a
-party is subject, including where applicable the guidance and codes of practice
+party is subject, including the GDPR on and from 25 May 2018, the date upon
+which the GDPR applies (as set out in Article 99 (Entry into force and application)
+of the GDPR) and including where applicable the guidance and codes of practice
 issued by the UK’s Information Commissioner’s Office and any generally accepted
 code of good practice;
 “Data Security Guidance” means our published guidance regarding compliance
 with the Data Security Requirements (which can be located on our website) as
@@ Line 258: / Line 373: @@
 Contract Document such amendments would not have been prohibited by Clause
 .1;
 “Data Security Requirements” means our data security requirements (which can
 be located on our website) as may be amended by us provided that had the Data
 Security Requirements been a Contract Document such amendments would not
 have been prohibited by Clause 13.1;
 “Delegated Functions” means a function of the Director or the Lord Chancellor
 delegated to you by an Authorisation;
 “Direct Losses” means damages, losses, indebtedness, claims, actions, costs
 (including the cost of legal or professional services, legal costs being on an
 indemnity basis), expenses, liabilities, proceedings, demands and charges whether
 arising under statute, contract or at common law, but excluding Indirect Losses;
 “Director” means the Director of Legal Aid Casework designated under section 4
 of the Act;
 “DOTAS” means the Disclosure of Tax Avoidance Schemes rules which require a
 promoter of tax schemes to tell HM Revenue and Customs of any specified
@@ Line 279: / Line 399: @@
 ) Regulations 2012, SI 2012/1868) made under section 132A of the Social
 Security Administration Act 1992;
 “Duty Scheme” or “Scheme” means a duty scheme operating under this Contract
-covering one or more magistrates’ courts or Police Stations;
+covering one or more magistrates’ courts and/or Police Stations;
 “Duty Solicitor” means a person who has previously been a member of a Scheme
 under a Previous Contract or is a current member of the Law Society’s Criminal
-Litigation Accreditation Scheme and undertaken the PSQ;
+Litigation Accreditation Scheme and passed the PSQ;
 “DX” means the Document Exchange service operated by DX Network Services
 Limited, whose registered office is situated at DX House, Ridgeway, Iver, Bucks,
 SL0 9JQ, and its successors and assignees;
 “Employee” means an individual who undertakes Contract Work on your behalf
 and who:
-July 2016
-(a) is a director, member or partner of your organisation; or
+(a)
-(b) holds a contract of employment with you;
+is a director, member or partner of your organisation; or
-and (with the exception of directors, Members of LLPs or partners) has
+b)
+holds a contract of employment with you;
+and (with the exception of directors, Members of LLPs or partners) has
 employment rights including but not limited to the right to claim unfair dismissal
 and statutory redundancy payments and who (in all cases) is fully integrated into
@@ Line 299: / Line 426: @@
 employed, independent contractors or hold a contract for services do not meet
 this definition. "Employ" and "Employed" shall be construed accordingly;
 “Employee Liability Information” means the information which a transferor is
 obliged to notify to a transferee pursuant to Regulation 11(2) of TUPE regarding
@@ Line 304: / Line 432: @@
 resources or employees which is the subject of a relevant transfer and also such
 employees as fall within Regulation 11(4) of TUPE;
 “Environmental Information Regulations” means the Environmental Information
 Regulations 2004 together with any guidance and/or codes of practice issued by
 the Information Commissioner or relevant government department in relation to
 such regulations;
 “Equality and Diversity Guidance” means our guidelines regarding Providers’
 compliance with equality and diversity legislation and Clause 5, as may be
@@ Line 313: / Line 443: @@
 Contract Document such amendments would not have been prohibited by Clause
 .1;
 “Equality and Diversity Policy” has the meaning given to it in Clause 5.2(b);
 “Excess Claims” has the meaning given to it in Clause 14.21;
 “FOIA” means the Freedom of Information Act 2000 and any subordinate
 legislation made under the Freedom of Information Act 2000 from time to time
 together with any guidance and/or codes of practice issued by the Information
 Commissioner or relevant government department in relation to the same;
 “Formal Dispute” has the meaning given to it in Clause 28.1;
 “Former Client” means a person for whom you have performed work under the
 Act, the Access to Justice Act 1999 or the Legal Aid Act 1988;
 “Fundamental Breach” means:
 (a) those matters specified in this Contract as being a Fundamental
 Breach; and/or
 (b) any breach of this Contract involving dishonesty by you or your
 personnel;
 “General Anti-Abuse Rule” means (a) the legislation in Part 5 of the Finance Act
 ; and (b) any future legislation introduced into parliament to counteract tax
 advantages arising from abusive arrangements to avoid national insurance
 contributions;
+“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the
+European Parliament and of the Council of 27 April 2016 on the protection of
+ natural persons with regard to the processing of personal data and on the free
+movement of such data, and repealing Directive 95/46/EC;
 “Good Industry Practice” means that degree of skill, care, diligence, prudence,
 timeliness, efficiency and foresight which could reasonably and ordinarily be
 expected from a skilled, experienced and professionally managed provider of legal
 services similar to those required to be provided under this Contract;
-July 2016
-“Government Secure Intranet” means the UK Government's secure wide area
+“Government Secure Intranet” means the UK government's secure wide area
 network being a collection of secure networks including the Government Secure
-Extranet (GSX), Criminal Justice Extranet (CJX) and Criminal Justice Secure eMail
+Extranet (GSX), Criminal Justice Extranet (CJX) and Criminal Justice Secure email
 (CJSM);
 “Halifax Abuse Principle” means the principle explained in the CJEU Case C-255/02
 Halifax and others;
 “Head of Contract Management” means the person of that name nominated by us
 from time to time who has responsibility for managing Contract Managers;
 “Independent Costs Assessor” means a person appointed by us to assess
 Providers’ Claims;
 “Independent Funding Adjudicator” means an adjudicator appointed by the Lord
 Chancellor under section 2 of the Act;
 “Independent Peer Review Process” means the process by which an independent
 Audit of the standard of your Contract Work is performed by us, or on our behalf,
@@ Line 353: / Line 503: @@
 provided that had the Independent Peer Review Process been a Contract
 Document such amendments would not have been prohibited by Clause 13.1;
 “Indirect Losses” means loss of profit, loss of business, loss of business
 opportunity (in each case whether direct, indirect or consequential) or any other
 claim for special, consequential or indirect loss of any nature;
 “Investigation” means all the Contract Work undertaken for one Client under
 Section 9 in respect of an arrest or arrests taking place at the same time. An
@@ Line 363: / Line 515: @@
 original Investigation but will usually be within the scope of Criminal Defence
 Direct, and so not within the scope of this Contract;
 “Invitation To Tender Documents” means those documents issued by us inviting
 you to tender for this Contract and which include the Rejection Criteria;
 “IT System” means the configuration of computer components comprising all the
 software owned by, or licensed to you by a third party (and any updates and
@@ Line 371: / Line 525: @@
 hardware or other information technology (whether embedded or not) which links
 the different parts of the system together;
-“Key Performance Indicator” or “KPI” means the key performance indicators
-specified in the Specification;
+“KPI” means the key performance indicators specified in the Specification;
 “LAA Data” means:
 (a)
-July 2016
+(b)
 the Data (including, drawings, diagrams, images or sounds (together
 with any database made up of any of these which is embodied in any
 electronic, magnetic, optical or tangible media)) which:
 (i) are supplied to you by us or on our behalf;
 (ii) you are required to Process pursuant to this Contract; or
-(b)
 any Personal Data for which we are the Data Controller but not
 including the Shared Data;
 “Legal Aid” has the meaning given to it in Part 1 of the Act;
 “Legal Aid Agency” or “LAA” means the Executive Agency of the Ministry of Justice
 through which the Lord Chancellor acts to administer Legal Aid;
 “Legal Aid Legislation” means the Act and statutory instruments made under that
 Act which are relevant to this Contract;
 “Legal Help” has the meaning given in regulation 13 of the Civil Merits Regulations;
 “Legal Representation” has the meaning given to it in regulation 18 of the Civil
 Merits Regulations;
@@ Line 414: / Line 577: @@
 in maintaining professional standards;
 “Matter” means:
-July 2016
+(a)
-(a) in the Criminal Investigations Class of Work, all advice and assistance
+February 2017
+in the Criminal Investigations Class of Work, all advice and assistance
 and Advocacy Assistance provided to one Client in respect of an
 Investigation, whether or not that Investigation is extended to include
 other alleged offences;
 (b) in the Appeals and Reviews Class, all advice and assistance to a Client
@@ Line 423: / Line 587: @@
 conclusion of the Case) if the conviction(s) or sentence(s) arose from
 a single Case unless it involves the provision of advice and assistance
 or Advocacy Assistance on a legal issue which amounts to a genuinely
 separate problem ;
 (c) in the Prison Law Class, all advice and assistance or Advocacy
@@ Line 446: / Line 610: @@
 (a)
 (b)
+February 2017
 any tax return of yours submitted to the Relevant Tax Authority on or
 after 1 October 2012 is found to be incorrect as a result of:
@@ Line 452: / Line 617: @@
 any tax rules or legislation that have an effect equivalent or
 similar to the General Anti-Abuse Rule or the Halifax Abuse
-Principle;
+Principle; or
 (ii) the failure of an avoidance scheme which you were involved in,
 and which was, or should have been, notified to a Relevant Tax
@@ Line 458: / Line 623: @@
 and/or
 any tax return of yours submitted to a Relevant Tax Authority on or
-after 1 October 2012 gives rise, on or after 1 April 2013, to a criminal
+after 1 October 2012 which gives rise, on or after 1 April 2013, to a
-conviction in any jurisdiction for tax related offences which is not spent
+criminal conviction in any jurisdiction for tax related offences which is
-at the Contract Start Date or to a civil penalty for fraud or evasion;
+not spent at the Contract Start Date or to a civil penalty for fraud or
-“Office” means your office(s) from which any Contract Work is performed which
+evasion;
-must meet the requirements set out in Paragraphs 2.41 to 2.52 of the
+“Office” means your office(s) from which any Contract Work is performed which
-Specification;
+must meet the requirements set out in Paragraphs 2.41 to 2.52;
 “Official Investigation” means:
 (a)
-July 2016
 any investigation, of which you are aware, into suspected serious
 professional misconduct, breaches of the Act (or other legislation), or
 dishonesty by you or your personnel, being carried out by or authorised
 by:
 (i) any organisation (including any Relevant Professional Body)
@@ Line 500: / Line 664: @@
 Arrangements, any place where a Services Person is assisting with an
 Investigation by Services Police;
-“Police Station Telephone Advice” means telephone advice under Section 9 of the
+“Police Station Telephone Advice” means telephone advice under Section 9;
-Specification;
 “Predecessor Body” means an organisation related to you which previously held a
 contract with us including those organisations specified as such in your Contract
 for Signature (which shall not constitute an exhaustive list);
-“Previous Contract(s)” means a previous contract or contracts held by you or by a
+February 2017
-Predecessor Body which precedes this Contract (including the 2010 standard crime
+“Previous Contract” means a previous contract or contracts held by you or by a
-contract) and which is intended to be replaced by this Contract (in whole or in
+Predecessor Body which precedes this Contract and which is intended to be
-part);
+replaced by this Contract (in whole or in part);
 “Prison Law” means:
-July 2016
+(a) cases covered by regulation 12(2)(d), 12(2)(f) and 12(2)(g) of the
-(a) cases covered by regulation 12(2)(d), 12(2)(f) and 12(2)(g) of the
 Criminal Legal Aid (General) Regulations 2013; and
 (b) Minimum Term Review cases covered by Regulation 12(2)(c) of the
@@ Line 545: / Line 707: @@
 “Qualifying Event” means those matters specified in this Contract as being a
 Qualifying Event;
-“Quality Standard” means Lexcel or SQM specified in your Contract for Signature
+“Quality Standard” means Lexcel or SQM as specified in your Contract for
-or such other quality assurance standard approved by us from time to time;
+Signature or such other quality assurance standard approved by us from time to
-“Reasonable Costs” means the reasonable actual costs and expenses incurred by
+time;
+February 2017
+“Reasonable Costs” means the reasonable actual costs and expenses incurred by
 us in carrying out any further Audit under this Contract, including, but not limited
 to, reasonable travel and subsistence costs;
 “Records” has the meaning given to it in Clause 8.3;
-July 2016
+“Rejection Criteria” means the grounds for mandatory and discretionary rejection
-“Rejection Criteria” means the grounds for mandatory and discretionary rejection
 contained in the Invitation To Tender Documents;
 “Relevant Professional Body” means the body or organisation which regulates or
@@ Line 588: / Line 751: @@
 “Services Person” means a person assisting with an investigation by the Services
 Police;
-“Services Police” means a member of the Royal Navy Regulating Branch; the Royal
+February 2017
+“Services Police” means a member of the Royal Navy Regulating Branch; the Royal
 Military Police; Royal Air Force Provost Officers or members of the Royal Air Force
 Police;
@@ Line 594: / Line 758: @@
 performance of this Contract by you in respect of which you are a Data Controller
 either alone or in common with the LAA which will be transferred from you to the
-July 2016
+LAA or which the LAA is entitled to request in accordance with this Contract
-LAA or which the LAA is entitled to request in accordance with this Contract
 including documents held on Contract Work files which are necessary for the
 conduct of the relevant Matter or case and which we may require in order to assess
@@ Line 628: / Line 791: @@
 significantly impairs your ability to perform Contract Work (in whole or in part) in
 accordance with the terms of this Contract;
-“Variable Monthly Payment” means the variable amount (if any) calculated in
+“Variable Monthly Payment” means subject to the Variable Monthly Payments
-accordance with your last Claim (subject to adjustments), we will pay you on a
+Guidance, the variable amount (if any) calculated in accordance with your last
-monthly basis for performing Contract Work;
+Claim (subject to adjustments), we will pay you on a monthly basis for performing
+Contract Work;
+February 2017
+“Variable Monthly Payments Guidance” means the guidance produced and
+amended by us from time to time in relation to Variable Monthly Payments;
 “VAT” means value added tax;
 “Virtual Court” means a virtual magistrates’ court created by video links between
@@ Line 636: / Line 803: @@
 document sharing system to which all relevant parties have access. Virtual Court
 Duty Schemes are part of the Scheme in which they are geographically based;
-July 2016
+“we” and “us” means the Lord Chancellor acting through the LAA (and “our” has
-“we” and “us” means the Lord Chancellor acting through the LAA (and “our” has
 the associated meaning);
 “Welsh Language Commissioner” means the independent body established by the
@@ Line 673: / Line 839: @@
 Document, document or other provision in its current form from time to time, and
 not merely as at the date this Contract comes into force.
-.11 Reference to any payment rate as “current” means the payment rate in its current
+February 2017
+.11 Reference to any payment rate as “current” means the payment rate in its current
 rate from time to time and not merely as at the date this Contract comes into
 force.
@@ Line 679: / Line 846: @@
 systems, procedures or controls in place includes the obligation effectively to
 operate them at your own cost.
-July 2016
+.13 Where, in relation to any options available to us under any Clause, those options
-.13 Where, in relation to any options available to us under any Clause, those options
 are joined by the word “and” (as in, we may, “a”, “b” and “c”) and/or where we
 use a semi-colon in this Contract, our choice is not restricted to selecting all
@@ Line 709: / Line 875: @@
 .22 References to “partner” include a person held out as a partner of a partnership
 including “salaried partners” or similar.
-.23 References to a “director” include “Members of LLPs”, except where the context
+.23 References to a “director” includes “Members of LLPs”, except where the context
 requires otherwise.
 .24 Where we are able to exercise any function or power under this Contract, it may
@@ Line 715: / Line 881: @@
 .25 References to "person" include individuals, bodies corporate, partnerships, limited
 liability partnerships, unincorporated associations and other bodies.
-.26 The definitions of “Data Subject”, “Personal Data”, “Processing”, “Process”,
+February 2017
+.26
+The definitions of “Data Subject”, “Personal Data”, “Processing”, “Process”,
 “Processed”, “Data Controller” and “Data Processor” shall have the meaning given
 to those terms in the Data Protection Act 1998 and the definition of “Information”
@@ Line 721: / Line 889: @@
 Continuity
 .27
-July 2016
 Except as may be provided by the Legal Aid Legislation in relation to fees,
 remuneration and other related matters, if this Contract replaces a Previous
 Contract, the terms of this Contract apply (and apply to all work in progress and
 Claims to be Assessed) from the Contract Start Date. In all other respects (unless
 specifically stated otherwise) this Contract is to be treated as a seamless
 continuation of the Previous Contract(s). This means (without limitation) that:
-July 2016
 (a) any monies payable under the Previous Contract(s) are payable under this
 Contract (and any credit or debit balance, on your account with us under the
@@ Line 743: / Line 909: @@
 Contract as “remainder work” should be undertaken as Contract Work
 pursuant to this Contract.
+February 2017
 .
 Relationship and communication
@@ Line 753: / Line 920: @@
 to hold this Contract. Where we determine that you are no longer suitable to hold
 this Contract we shall terminate this Contract under the provisions in Clause 25.
-.2 You shall ensure that neither you nor any of your Affiliates embarrasses us or
-otherwise brings us into disrepute by engaging in any act or omission which is
+.2 You shall ensure that neither you nor any of your Affiliates brings the legal aid
-reasonably likely to diminish the trust that the public places in us, regardless of
+scheme into disrepute by engaging in any unprofessional or unlawful conduct
-whether or not such act or omission is related to your obligations under this
+which is likely to substantially diminish the trust the public places in the legal aid
-Contract. Any operation of this Clause is subject to our obligation to act as a
+scheme, regardless of whether or not such conduct is related to your obligations
-responsible public body and any sanction must be proportionate.
+under this Contract. Any operation of this Clause is subject to our obligation to act
+as a responsible public body and any sanction must be proportionate. For the
+avoidance of doubt, the engaging by you or any of your Affiliates in any lawful
+challenge to or criticism or complaint of us or any of our decisions, when acting in
+clients’ best interests or otherwise acting in your professional capacity, is not
+within the scope of the words “unprofessional or unlawful conduct” under this
+Clause 2.2.
 Duty to act in good faith and obtaining value for money
 .3 In relation to this Contract, you and we will act in good faith.
 .4 Without prejudice to more specific provisions of this Contract and to your
 professional obligations in respect of Clients, you and we agree to work together
 in mutual trust and co-operation to achieve value for money.
 Communicating with each other
 .5 You must, subject to Clause 10.4, nominate a Contract Liaison Manager to liaise
 with us and we will nominate a Contract Manager to liaise with you about this
 Contract. You must notify us promptly and in any event within five Business Days
 of any change in your Contract Liaison Manager.
 .6 The Contract Liaison Manager and Contract Manager must be competent and have
 sufficient authority, to deal with issues that might be expected to arise in
 connection with performance and payment under and compliance with this
 Contract.
 .7 All communications under or in connection with this Contract (including between
 our personnel and your personnel) must be conducted in a polite and professional
 manner.
 .8 Both parties agree that good communication between their personnel is key to the
 effective operation of this Contract and agree to ensure that their personnel
 understand this and to provide relevant training if they consider it appropriate.
 .9 Both parties agree to investigate any complaints of breach of this Clause 2 by any
 member of their personnel and to take appropriate action (including, where
@@ Line 785: / Line 966: @@
 might include requiring the person concerned to undergo relevant training
 (including training on the purpose of this Contract and this Clause 2).
-.10 As well as a postal address or DX number and telephone number, you must have
-at least one operational email addresses (which must meet the requirements of
+.10
+As well as a postal address or DX number and telephone number, you must have
+at least one operational email address (which must meet the requirements of
 Clause 7.19(j) and include your designated email address required by Clause 20.4)
-July 2016
+to which we may send you electronic communications. You must monitor your
-to which we may send you electronic communications. You must monitor your
 emails frequently each Business Day. You must communicate with us electronically
 (including under Clause 7.19) when we require you to under and in accordance
 with the terms of this Contract.
 Communications with the media
 .11 Subject to your Client’s consent, you must promptly notify our Contract Manager
 of any Matter or case which is of special interest to the public or the media.
 .12 Subject to your Client’s consent, in respect of Matters and cases, you must
 acknowledge in any communication between you and the media that such Matter
 or case (where the context requires) is or was Legal Aid work.
 Third party rights
 .13
 Except as stated in Clause 26.20, the parties to this Contract do not intend that
@@ Line 813: / Line 1000: @@
 organisation, as a result of anything done (or omitted to be done) by you in
 connection with this Contract.
-July 2016
+February 2017
 .
 Working with third parties
@@ Line 844: / Line 1031: @@
 sub-contractors or Agents pursuant to this Clause 3 you are responsible for
 ensuring that:
-(i) their work is properly supervised;
+(i) their work is properly supervised; and
 (ii)
 (b)
 .4
-July 2016
 supervision of them is, in all respects, equal to your supervision of your
 employees in accordance with the Specification;
@@ Line 862: / Line 1048: @@
 due to the expiration or termination of arrangements with an Approved Third
 Party, Agent, Counsel or any of your sub-contractors.
+February 2017
 Can we specify criteria for third parties who may be instructed?
 .5
@@ Line 898: / Line 1085: @@
 Access your sub-contractors must give to us
 .9
-You must ensure that any agreement you have with sub-contractor you appoint
+You must ensure that any agreement you have with any sub-contractor you
-pursuant to Clause 3 includes a directly enforceable right for us to enter their
+appoint pursuant to Clause 3 includes a directly enforceable right for us to enter
-premises and Audit the Contract Work that they have undertaken to the same
+their premises and Audit the Contract Work that they have undertaken to the same
 extent as we have the right to enter your premises and Audit the Contract Work
 that you have undertaken in accordance with this Contract.
 Terminating your arrangements with third parties
 .10
-July 2016
 Without limiting our rights under Clause 24 and/or 25, we may require you to
 terminate your arrangements with any Approved Third Party, Agent, Counsel or
@@ Line 913: / Line 1099: @@
 Approved Third Party, Agent, Counsel or sub-contractor is or are such as to entitle
 us to terminate this Contract (including pursuant to Clause 24.14).
+February 2017
 Financial disclosure and risk
 Audited or certified accounts
@@ Line 925: / Line 1112: @@
 (d) full notes to the accounts which must include a complete statement of all the
 accounting policies adopted;
-(e) where relevant, as specified in the Specification, details of the Monthly
+(e) where relevant, as stipulated in the Specification, details of the Monthly
 Payments received by you from us in the relevant accounting period and
 details of all Payments on Account received by you in the relevant accounting
@@ Line 945: / Line 1132: @@
 Professional Body rules when requested pursuant to Clause 9.1.
 .4 In addition and without limiting Clause 9.1, if:
-July 2016
 (a) you are under Official Investigation;
 (b) you have exceeded your Maximum PoA Limit;
@@ Line 953: / Line 1139: @@
 to your Clients or public funds; or
 (e) we have any reasonable concerns about your financial position,
+February 2017
 you must within 14 days of our request disclose to us such other financial
 information as we reasonably require about you (including information about your
 monthly management accounts, Bank Covenants, Bank Facilities and your and your
 partners and/or directors loan agreements and details of other assets and
-liabilities) and about Contract Work (and any other work secured by us).
+liabilities) and/or about Contract Work (and any other work secured by us).
 Indemnities and guarantees from Providers
 .5 If you are a limited company or an organisation with limited liability or if you are
@@ Line 975: / Line 1162: @@
 Maintaining financial records
 .7
-July 2016
 You must maintain records of the information referred to in Clauses 4.1 and 4.3
 in accordance with Clause 8.6.
-.
 Equality and diversity
 Our obligations
 .1
 We have a duty, in accordance with section 149 of the Equality Act 2010 to have
 due regard to the need to:
 (a) eliminate discrimination, harassment, victimisation and any other conduct
 prohibited by or under the Equality Act 2010;
 (b) advance equality of opportunity between persons who share a Relevant
 Protected Characteristic and persons who do not share it; and
 (c) foster good relations between persons who share a Relevant Protected
 Characteristic and persons who do not share it.
 and you must use your best endeavours to assist us, and to co-operate with us,
 to enable us to comply with our duties.
 Your obligations
 .2
 To help us to comply with our duty under the Equality Act 2010, you must:
 (a) have regard to the Equality and Diversity Guidance;
 (b) have a written equality and diversity policy that, as a minimum, must
 include:
 (i) a commitment to the principles of equality and diversity and to
 observing legislative requirements;
 (ii) how you will meet the diverse needs of the Clients and local community
 or communities that you serve;
 (iii) how you will implement, monitor, evaluate and update the policy;
 (iv) how you intend to ensure equality in relation to your personnel, Clients,
 potential Clients and other third parties appointed by you in accordance
 with Clause 3;
 (v) identification of a senior person within your organisation with
 responsibility for the policy and its effective implementation;
 (vi) how complaints and issues are to be dealt with;
 (vii) requirements that no members of your personnel unlawfully
 discriminate in dealings with other members of your personnel, Clients,
@@ Line 1014: / Line 1216: @@
 with Clause 3,
 the “Equality and Diversity Policy”;
-July 2016
 (c) have and implement an equality and diversity training plan for your
 personnel;
 (d) have and implement a communications plan to promote your policies and
 procedures for ensuring that your services are accessible for people with a
-disability and meet the language needs of the Clients you serve in your
+ disability and meet the language needs of the Clients you serve in your
 locality; and
 (e)
 review any of your policies and plans referred to above in operation at least
@@ Line 1032: / Line 1236: @@
 meet the objectives contained within such policy and plans and/or if such
 policies and plans do not comply with this Contract.
 .3 Without limiting the generality of any other provision of this Contract, you must
 not unlawfully discriminate, and must take all reasonable steps to ensure that your
 personnel do not unlawfully discriminate as provided by the Equality Act 2010.
 .4 Without limiting the generality of any other provision of this Contract, you must
 not have been found by a competent court or tribunal at any time to have
 unlawfully discriminated against any Client or potential Client.
 .5 To help us to comply with our statutory obligations in relation to equalities and
 diversities, you must at our request use your best endeavours to provide us with
@@ Line 1045: / Line 1252: @@
 equality impact assessments and make decisions that better take account of any
 equality and diversity needs of Clients and potential Clients.
-July 2016
-.
 Logos and marketing
 Use of Promotional Items and other intellectual property
 .1 While this Contract is in force you may describe yourself as a Provider and may
 use Promotional Items in accordance with our quality mark guidelines published
 on our website from time to time.
 .2 You will not:
 (a) use, market or exploit the Promotional Items for any purpose other than in
@@ Line 1061: / Line 1270: @@
 and/or logo that so nearly resembles one or more of our trade marks
 (whether registered or not) as to be likely to cause confusion or deception.
 .3 The benefit of the use of the Promotional Items and any additional goodwill
 accrued as a result of your activities under this Contract will vest in and is hereby
@@ Line 1066: / Line 1276: @@
 we may reasonably request, including after this Contract ends, to confirm any such
 rights to us.
 .4 If any use by you of the Promotional Items does not conform in any respect with
 the use as approved by us, we may so inform you and you must cease such use
 immediately.
 Restrictions on how you may market your services
 .5
 Neither you, nor any person representing you, (either directly or indirectly) may
 market your ability to perform Contract Work by means of:
-(a) unsolicited visits; and
+(a) unsolicited visits; or
 (b) unsolicited telephone calls
 and any work carried out for any person who contacted you as a result of (a) or
@@ Line 1082: / Line 1294: @@
 Restrictions on the name of your organisation
 .7
-July 2016
 You may not name or describe your organisation to any person (whether verbally
 or in written form) as:
@@ Line 1089: / Line 1300: @@
 (b) a community legal advice network ("CLAN") commissioned by the LSC either
 on its own or jointly with another body;
+February 2017
 (c) the "LSC Criminal Defence Service ("CDS")" established under the Access to
 Justice Act 1999;
@@ Line 1112: / Line 1324: @@
 Where you:
 (a) make any payment or provide any other benefit; or
-(b) receive any payment or any other benefit;
+(b) receive any payment or any other benefit,
 in circumstances that suggest a possible breach of Clauses 6.8 or 6.9, the
 presumption will be that the payment or benefit was made, provided or received
@@ Line 1118: / Line 1330: @@
 case.
 .11
-July 2016
 For the purpose of Clauses 6.8 to 6.10, payment or receipt of payment for Contract
 Work properly due under the terms of this Contract in compliance with Clause 14.2
 to 14.5 inclusive is not a “payment” or “other benefit”.
+February 2017
 .
 Your obligations, looking after Clients, compliance and self-monitoring
@@ Line 1146: / Line 1358: @@
 through your reasonable enquiries that there is no alternative Counsel or in-house
 advocate actually available, you must also advise the Client of that fact.
-.4 Where Counsel or in-house advocate is instructed pursuant to Clause 7.3; if the
+.4 Where Counsel or in-house advocate is instructed pursuant to Clause 7.3, if the
 chosen Counsel or in-house advocate becomes unavailable you must take all
 reasonable steps to instructs another Counsel or in-house advocate of equivalent
@@ Line 1165: / Line 1377: @@
 must have professional indemnity insurance which provides at least the cover
 required for you as specified by any Relevant Professional Body from time to time.
-July 2016
+February 2017
 If you are a registered charity, you must have professional indemnity insurance
 which provides, as a minimum, cover of at least £1 million in respect of each claim
@@ Line 1210: / Line 1422: @@
 .15 You must comply with any Relevant Professional Body rules.
 Consents, authorisations and licences you must have
-July 2016
+February 2017
 .16 You must obtain and maintain in force throughout the Contract Period all licences,
 permissions, authorisations, waivers and consents required from time to time to
@@ Line 1251: / Line 1463: @@
 the system must be:
 (i)
-July 2016
+February 2017
 able to accommodate and accept evidence. You will use this system to
 accept evidence that is served or made available by the criminal justice
@@ Line 1290: / Line 1502: @@
 When CJS Online becomes operational you must use it to:
 (a) access evidence served or made available by the criminal justice agencies
-(including the prosecution and police) direct from the CJS Online in
+(including the prosecution and police) direct from CJS Online in accordance
-accordance with the Criminal Procedure Rules.;
+with the Criminal Procedure Rules;
 (b) serve documents required on the court, prosecution or other parties by
 lodging on the CJS Online; and
 (c) make any applications to court using CJS Online.
 Business Continuity Plan
-July 2016
+February 2017
 .25 You must have at all times a Business Continuity Plan which conforms with Good
 Industry Practice and make it available to us (or our agents) at our request for
@@ Line 1321: / Line 1533: @@
 also at all times demonstrate to us a commitment to comply with environmental
 legislation applicable to your obligations in this Contract.
-July 2016
+February 2017
 .
 Keeping records and completing and returning forms
@@ Line 1354: / Line 1566: @@
 (g) information about your organisation for internal use including office manuals
 and information relating to your Clients;
-(h) the annual accounts and information referred to in Clause 4.1, and 4.3;
+(h) the annual accounts and information referred to in Clauses 4.1 and 4.3;
 (i) a comprehensive record of findings for each file review you undertake
 including records and details of corrective action taken to improve
@@ Line 1360: / Line 1572: @@
 (j) the identity of, and work performed by:
 (k)
-July 2016
+February 2017
 (i) any Agents, Counsel and sub-contractors you have instructed to carry
 out Contract Work pursuant to Clause 3; and
@@ Line 1408: / Line 1620: @@
 for the purpose of this Clause 8.7) to retain the same and the end of the period of
 six years from the date of the last of the following events to occur:
-July 2016
+February 2017
 (a) you have correctly reported closure of the Matter or case to us;
 (b) a final Claim for your work on the Matter or case has been submitted to us;
@@ Line 1428: / Line 1640: @@
 In respect of Contract Work files which you hold electronically, you must ensure
 that such electronic files contain an accurate and complete record of all matters
-which would have been included had such file been a paper file, including:
+which would have been included had such file been a paper file, including in
-(a) ensuring that documents are held in pdf format; and
+relation to any paper documents which you save in electronic format for storage,
-(b) in relation to any paper documents which you save in electronic format for
+having a process in place (and you must comply with such process) for ensuring
-storage, having a process in place (and you must comply with such process)
+that electronic copies are accurate copies of the corresponding paper document.
-for ensuring that electronic copies are accurate copies of the corresponding
-paper document.
 Forms you have to complete
 .11
@@ Line 1447: / Line 1657: @@
 Provider intellectual property rights
 .13
-July 2016
 Subject to Clause 8.12 and unless provided otherwise in this Contract, we shall
 not receive any right, title or interest in respect of the intellectual property rights
 owned by you in respect of any document produced by you for your Clients.
+February 2017
 .
 Provision of information and access to your premises
@@ Line 1464: / Line 1674: @@
 .2 At any time during the Contract Period we may conduct an Audit and you will, if
 we request, in order to enable us to conduct an Audit grant to us, our employees,
-agents or any statutory or regulatory body on not less than 48 hours notice (or
+agents or any statutory or regulatory body on not less than 48 hours’ notice (or
 immediately upon request where you are subject to any Official Investigation)
 access to any premises (occupied, owned, leased or controlled by you) during
@@ Line 1496: / Line 1706: @@
 Co-operation, assistance and facilities you must provide during an Audit
 .6
-July 2016
 You must co-operate with us, our employees, agents or any statutory or regulatory
 body during any Audit (including when you are subject to an Official Investigation)
 carried out by us. You must provide all such explanations and answer truthfully,
 fully and promptly all questions which are put to you by any person carrying out
+February 2017
 the Audit and which relate to this Contract. You must, as soon as we require it,
 provide us with such assistance and facilities as we may reasonably require
@@ Line 1546: / Line 1756: @@
 Failure to provide required access or Records
 .10
-July 2016
 If you fail to co-operate, provide access or Records as required by Clauses 7, 8 or
 we have reasonable grounds to believe that there is a risk to Clients and/or
+February 2017
 public funds. We may, therefore, without limiting our rights to apply any Sanction
 in accordance with Clause 24.1, suspend your authority to start new Matters and
@@ Line 1570: / Line 1780: @@
 .15
 .16
-July 2016
 You authorise us to obtain a Report if at any time we have good reason to suspect
 serious professional misconduct, breaches of Legal Aid Legislation with which you
@@ Line 1583: / Line 1792: @@
 Clauses 9.15 that may be required to give consent to enable such Reports to be
 given to us, do so.
+February 2017
 .
 Standard of Contract Work
@@ Line 1627: / Line 1837: @@
 costs that are charged to us by those we instruct to carry out that initial Peer
 Review.
-July 2016
+February 2017
 .9
-July 2016
 If your Contract Work receives a rating of either 4 or 5 as determined by the
 Independent Peer Review Process at the second Peer Review, you may make
@@ Line 1638: / Line 1847: @@
 standard costs that are charged to us by those we instruct to carry out that second
 Peer Review.
+February 2017
 .
 KPIs
@@ Line 1659: / Line 1869: @@
 .5 We may use your performance against the KPIs as entry or selection criteria for
 future contracts.
-July 2016
+February 2017
 .
 Contract Documents and precedence
@@ Line 1687: / Line 1897: @@
 Specification content
 .4
-July 2016
 The Specification contains rules governing the day to day performance of Contract
 Work including, but not limited to:
@@ Line 1698: / Line 1907: @@
 (d) information on how the value of Contract Work may be calculated, on how
 payment reviews will be carried out and how we reconcile accounts;
-(e) information on how we manage and how you must manage your account
+(e) information on how we manage and how you must manage your account (as
-with us (as described in Clause 14.1);
+described in Clause 14.1) with us;
 (f) information you must provide or send to us;
 (g) details of operational requirements; and
+February 2017
 (h)
-July 2016
+February 2017
 information on other issues relating to the meaning and operation of (and
 compliance with) this Contract.
@@ Line 1736: / Line 1946: @@
 Amending the Contract to take account of other legislative changes
 .4
-July 2016
 We may also make such amendments to the Contract as we consider necessary in
 the circumstances:
@@ Line 1743: / Line 1952: @@
 (b) as a result of any decision of a U.K. court or tribunal, or a decision of the
 European Court of Human Rights or of the European Court of Justice or any
-other institution of the European Union;
+other institution of the European Union; or
 (c) to comply with the requirements of any regulatory body or tax or similar
 authority.
+February 2017
 Amending the Contract to take account of changes in the justice system
 .5
@@ Line 1783: / Line 1993: @@
 consultation with the Provider or the Consultative Bodies (as applicable) will last
 three weeks. Otherwise such consultation will last six weeks.
-July 2016
+February 2017
 Complying with amendments
 .11 Except as set out in Clause 13.12, you must comply with any amendment made
@@ Line 1817: / Line 2027: @@
 (a)
 (b)
-July 2016
+February 2017
 had you submitted your application to be awarded this Contract or the right
 to undertake the relevant Contract Work on the basis of the proposed
@@ Line 1851: / Line 2061: @@
 unless and to the extent that the relevant provision of this Contract setting out
 such right or obligation expressly applies this Clause 13.
-July 2016
+February 2017
 .
 Your account with us, Claims, payments and Assessments
@@ Line 1874: / Line 2084: @@
 under Clause 25.
 Assessments
-.6 We are entitled to assess all your Claims, except where this Contract or legislation
+.6 We are entitled to Assess all your Claims, except where this Contract or legislation
 provides that Assessment is to be by another body.
 .7 We may not amend the Costs Assessment Manual without prior consultation with
@@ Line 1898: / Line 2108: @@
 such VAT should have been charged. If you fail to notify us within such period then
 the relevant amount shall be deemed to have been inclusive of VAT.
-July 2016
+February 2017
 .10 If we request it, you must promptly provide us with the details we specify about
 any VAT arising under this Contract.
@@ Line 1924: / Line 2134: @@
 .15
 .16
-July 2016
 We may issue a notice of Assessment or notice of a debt due to us in connection
 with Contract Work, which has the effect of making the amount specified in it
@@ Line 1941: / Line 2150: @@
 (c) where payment has been made in respect of a Matter or case, any sum which
 we are not required to pay (or you are not entitled to be paid) for some or
-all of the work that you have carried out;
+all of the work that you have carried out; or
 (d) any payment specified as such in the Specification.
+February 2017
 .17 If you become aware that any of the events set out in Clause 14.16 have occurred
 you should notify us within seven days of becoming so aware to enable us to adjust
@@ Line 1965: / Line 2175: @@
 .21
 .22
-July 2016
 If an Audit identifies that you have made any Claim(s) in excess of your
 entitlement as specified in this Contract (including where your Claims result in the
@@ Line 1993: / Line 2202: @@
 We may carry out a further Audit under Clause 14.21 either using our own staff
 or our agent’s staff.
+February 2017
 Promoting Tax Compliance
 .23
@@ Line 2007: / Line 2217: @@
 Other rights
 .24
-July 2016
 This Clause 14 does not, in any way, limit any rights we may have, including the
 right to claim payment from any of your former owners, former partners or former
 directors or any Members of LLPs.
+February 2017
 .
 Confidentiality
@@ Line 2045: / Line 2255: @@
 Information which is not confidential
 .5
-July 2016
 For the purposes of this Contract, the obligations of confidentiality in Clauses 15.1,
 .3 and 15.4 shall not apply to the extent:
@@ Line 2060: / Line 2269: @@
 power or which is disclosed by us for the purposes of providing information
 to Parliament;
+February 2017
 (e) information that we reasonably consider necessary to be disclosed for the
 purposes of an Official Investigation or determining whether that Official
@@ Line 2091: / Line 2301: @@
 .6
 .7
-July 2016
 We will require any Researchers:
 (a) to comply with all legislation concerning the disclosure of information about
@@ Line 2105: / Line 2314: @@
 of yours to be identified (unless the fact that they are a Client or Former Client of
 yours is already in the public domain).
+February 2017
 Information we may publish or share
 .8
@@ Line 2111: / Line 2321: @@
 (a) publish this Contract (as may be amended from time to time) in its entirety,
 (b) publish any data arising out of or in respect of the performance by you of
-the Contract Work,
+Contract Work,
 to the general public (save for any information which is exempt from disclosure in
 accordance with the provisions of the FOIA or the Environmental Information
@@ Line 2120: / Line 2330: @@
 .10 Subject to and without prejudice to Clause 15.5, nothing in this Contract shall
 prevent us from disclosing any information that we hold about or in respect of you
-or the Contract Work pursuant to this Contract to any government department or
+or Contract Work pursuant to this Contract to any government department or any
-any Other Contracting Body and you acknowledge that all government
+Other Contracting Body and you acknowledge that all government departments or
-departments or Other Contracting Bodies may further disclose such information to
+Other Contracting Bodies may further disclose such information to other
-other government departments or Other Contracting Bodies on the basis that the
+government departments or Other Contracting Bodies on the basis that the
 information is confidential and is not to be disclosed to a third party which is not
 part of any government department or Other Contracting Body.
-July 2016
+February 2017
 .
 Data protection
-Yours and our Data Protection Legislation obligations
+Your and our Data Protection Legislation obligations
 .1
 For the purposes of the Data Protection Legislation it is the understanding of the
@@ Line 2159: / Line 2369: @@
 .5 You will perform your obligations under this Contract in such a way that you do
 not cause us to breach any of our applicable obligations under the Data Protection
-Legislation.
+Legislation, including by providing such assistance to us as is contemplated by
+Article 28(3)(e) and (f) (Processor) of the GDPR on and from the date the GDPR
+applies (as set out in Article 99 (Entry into force and application)).
 .6 You will ensure that you obtain and maintain all consents, licences and
 registrations required to enable you to provide Personal Data to LAA as envisaged
@@ Line 2168: / Line 2380: @@
 .7 You will not transfer the LAA Data or Shared Data outside of the European
 Economic Area without our express prior written approval.
-July 2016
+February 2017
 .8 You will supply originals or copies of the LAA Data and Shared Data to us in
 accordance with Clause 9.1. You will not assert proprietary or other rights in law
@@ Line 2211: / Line 2423: @@
 .12 You will notify us (within five Business Days) if you receive:
 (a)
-July 2016
+February 2017
 a request from a Data Subject to have access to that person's Personal Data
 within the LAA Data; or
@@ Line 2226: / Line 2438: @@
 (b) complying with a data subject access request within the relevant timescales
 set out in the Data Protection Legislation in respect of the Shared Data where
-you are the Data Controller receiving the request;
+you are the Data Controller receiving the request; and
 (c) providing us with any information requested by us.
 .14 If it is necessary in the performance of this Contract for the Provider to disclose
@@ Line 2235: / Line 2447: @@
 .15 You will in relation to LAA Data:
 .16
-July 2016
 (a) Process such Data only in accordance with written instructions from us
 (which may be specific instructions or instructions of a general nature as set
 out in this Contract or as otherwise notified by us to you during the Contract
-Period);
+Period); and
 (b) implement such technical and organisational measures as are required to
 enable you to Process such Data in compliance with obligations equivalent
@@ Line 2248: / Line 2459: @@
 unauthorised or unlawful Processing, accidental loss, destruction or damage
 to the Data and having regard to the nature of the Data which is to be
-protected.
+protected and shall meet the requirements of the Data Protection Legislation
+(including the requirements of Article 32 (Security of Processing) of the
+GDPR on and from the date the GDPR applies (as set out in Article 99 (Entry
+into force and application) of the GDPR)).
 Without prejudice to Clause 19, you indemnify us and keep us indemnified, without
 delay, against all losses, costs, claims, damages, actions, expenses and other
 liabilities of whatever nature incurred by us as a result (directly or indirectly) of
 your failure to comply with Clauses 16.1 to 16.15.
+February 2017
 .
 FOIA
@@ Line 2292: / Line 2507: @@
 to give you advance notice, or failing that, to draw the disclosure to your attention
 after any such disclosure.
-July 2016
+February 2017
 .
 Warranties
@@ Line 2326: / Line 2541: @@
 .3
 .4
-July 2016
 We warrant that, to the best of our knowledge and belief:
 (a) all information which we have provided to you in writing specifically to assist
@@ Line 2332: / Line 2546: @@
 was, when given, true and accurate in all material respects;
 (b) no information has been omitted which would make that which has been
-provided misleading or inaccurate;
+provided misleading or inaccurate; and
 (c) no circumstances have since arisen which materially affect the truth and
 accuracy of such information.
 Both you and we are entitled to rely upon, and are deemed to have relied upon,
 the information referred to in Clauses 18.1 or 18.3.
+February 2017
 .
 Indemnity
@@ Line 2368: / Line 2583: @@
 against us or if other circumstances arise which we may reasonably consider as
 being likely to give rise to a liability under the indemnity in Clause 19.1, we will:
-July 2016
 (a) as soon as reasonably practicable give written notice of that matter or those
 circumstances to you, specifying in reasonable detail the nature of the
@@ Line 2377: / Line 2591: @@
 (c) take reasonable account of any suggestions made by you in relation to the
 relevant claim.
+February 2017
 .
 Giving notices
@@ Line 2387: / Line 2602: @@
 .4; or
 (b) sent by fax to the designated fax number referred to in Clause 20.4; or
-(c) sent by e-mail to the designated e-mail address referred to in Clause 20.4;
+(c) sent by email to the designated email address referred to in Clause 20.4; or
-or
 (d) sent by DX, by pre-paid first-class post, recorded delivery or registered post
 in each case to the designated addresses referred to in Clause 20.4.
@@ Line 2394: / Line 2608: @@
 deemed to have been received:
 (a) if delivered personally, at the time of delivery;
-(b) in the case of fax or e-mail, at the time of transmission;
+(b) in the case of fax or email, at the time of transmission;
 (c) in the case of DX, pre-paid first-class post, recorded delivery or registered
 post, 48 hours from the date of posting,
@@ Line 2419: / Line 2633: @@
 For the purposes of this Clause 20:
 (a)
-July 2016
+February 2017
 your designated fax number, designated email address, designated DX
 number and designated postal address are as specified in your Contract for
@@ Line 2449: / Line 2663: @@
 Service of legal proceedings
 .9
-July 2016
 You may only serve us with legal proceedings in accordance with Clause 28.10.
+February 2017
 .
 Things you must tell us about
@@ Line 2480: / Line 2694: @@
 (d) any change in your legal status; and
 (e) any intended sale, merger, acquisition, or transfer of, or by, you.
+Material constitutional changes are classed as Qualifying Events.
 Constitutional statements
 .3
@@ Line 2490: / Line 2705: @@
 Partnerships
 .4
-July 2016
 If you are a partnership (and not a limited liability partnership) you must also
 notify us:
-(a) immediately in the event of the service of a notice dissolving or purporting
+(a)
+February 2017
+immediately in the event of the service of a notice dissolving or purporting
 to dissolve the partnership;
 (b) immediately if an application is made to the court or an arbitrator for the
 dissolution of the partnership under the Partnership Act 1890;
 (c) immediately on any dissolution of the partnership which requires or results
 in a winding up of its affairs;
 (d) immediately if circumstances have arisen in which the partnership may be
@@ Line 2503: / Line 2719: @@
 applied by the Insolvent Partnerships Order 1994);
 (e) immediately on the appointment of a receiver, manager or administrator in
-respect of the partnership;
+respect of the partnership; or
 (f) immediately if you are unable to pay your debts within the meaning of
 sections 222-224 of the Insolvency Act 1986 (as applied by the Insolvent
@@ Line 2528: / Line 2744: @@
 within the meaning of section 123 of the Insolvency Act 1986;
 (g) immediately if a Change of Control occurs in relation to you or your Parent
-Undertaking and any such event shall be a Qualifying Event;
+Undertaking and any such event shall be a Qualifying Event; or
-(h) immediately where any change in your shareholding results in an change in,
+(h) immediately where any change in your shareholding results in a change in,
 or any changes which in aggregate result in:
+February 2017
 (i) the identity of more than one third in the number of the individual
 shareholders; or
 (ii) ownership of more than one third of the number of shares since you
-submitted the Tender Documents and any such event shall be a
+submitted the Tender Documents,
-Qualifying Event,
+or if any similar event occurs under the law of any other jurisdiction and any such
-or if any similar event occurs under the law of any other jurisdiction.
+event shall be a Qualifying Event.
-July 2016
+Notification of interventions
-Notification of interventions
 .6 You must notify us immediately if there is an intervention by any Relevant
 Professional Body (or by any other organisation that may lawfully do so) that has
@@ Line 2555: / Line 2771: @@
 voluntary arrangement under insolvency, or other, legislation, or if any of
 your partners, Members of LLPs or directors intends to do so (or, if you were
-unaware of their intention, have done so);
+unaware of their intention, have done so) and for the avoidance of doubt this
+shall include but not be limited to any Individual Voluntary Arrangements
+(IVAs), Company Voluntary Arrangements (CVAs) or Debt Relief Orders
+(DROs);
 (d) any insolvency proceedings concerning you or any of your partners,
 Members of LLPs or directors are commenced;
@@ Line 2570: / Line 2789: @@
 Proposing changes which may impact on your obligations under this Contract
 .11
-July 2016
 Without prejudice to your obligations under this Contract at Clauses 13.13 to
 .15, you must notify us of any change you propose to make which may impact
 your obligations under this Contract, including the following (which is not an
 exhaustive list):
-(a) any change to any information you have provided to us (including
+February 2017
+(a) any change to any information you have provided to us (including
 information which you provided in seeking to become a Provider or to secure
 an authorisation to perform Contract Work) that we have notified you is
@@ Line 2581: / Line 2800: @@
 (b) any change to the manner in which you perform Contract Work (including
 material alterations to your management systems);
 (c) the closure or planned closure of any Office;
 (d) any decision on your part to reduce or cease to carry out any Contract Work
 set out in any Schedule (temporarily or permanently);
@@ Line 2619: / Line 2838: @@
 .17
 You must notify us if you change any Relevant Professional Body.
-Failure to Notify
+February 2017
+Failure to Notify
 .18
-July 2016
 Any material breach by you of any of the provisions in this Clause 21 will be
 deemed to be a Fundamental Breach.
-.
+February 2017
+.
 Novations and Qualifying Events
 Sole principals and partnerships - novations
@@ Line 2643: / Line 2863: @@
 (c) the date of a properly completed, “constitutional statement form” received
 by us from you.
-Constitutional changes in Clause 21.1(b), (c)(i), (d) or (e)
+Constitutional changes in Clause 21.2(b), (c)(i), (d) or (e)
 .3
-If any of the events specified in Clause 21.1(b), (c)(i), (d) or (e) has occurred,
+If any of the events specified in Clause 21.2(b), (c)(i), (d) or (e) has occurred,
 this Contract will not be novated under Clauses 22.1 or 22.2 and is incapable of
-being novated without our signed, express consent. These events are classed as
+being novated without our signed, express consent.
-Qualifying Events.
 Sole principals and partnerships - terms of any novation
 .4
-July 2016
 Any novation under Clauses 22.1 or 22.2 is on the following terms (with “old firm”
 meaning “you” immediately before the novation and “new firm” meaning “you”
@@ Line 2670: / Line 2888: @@
 (e) the new firm is liable for any debt or obligation which arose under this
 Contract before the novation and the old firm remains liable for any debt or
 obligation provided that we may not recover the same debt from both the
 old firm and the new firm;
-(f)
+February 2017
+(f)
 without prejudice to the generality of Clauses 22.4(c) and 22.4(e), the new
 firm will be liable for all monies due to us (whether that liability will have
@@ Line 2701: / Line 2920: @@
 (or the principal) to enter into a formal novation agreement with us on such terms
 as we may reasonably require.
-.6 If any of the events specified in Clause 21.1, (b), (c)(i), (d) or (e) has occurred,
+.6 If any of the events specified in Clause 21.2, (b), (c)(i), (d) or (e) has occurred,
 we may agree to enter into a signed, express novation agreement with the new
 organisation on such terms as we may reasonably specify and within such period
@@ Line 2715: / Line 2934: @@
 .8 We will not agree to enter into a novation agreement where we have conducted
 an assessment under Clause 22.12 and you fail the Rejection Criteria.
-July 2016
+.9 We will not agree to enter into a novation agreement where you have not provided
-.9 We will not agree to enter into a novation agreement where you have not provided
 indemnities and guarantees pursuant to Clause 4.
-.10 For the avoidance of doubt, save to the extent permitted under this Clause 22 and
+February 2017
+.10
+For the avoidance of doubt, save to the extent permitted under this Clause 22 and
 subject to Clause 3, you are not entitled to assign, transfer, mortgage, charge,
 declare a trust over or deal in any other manner with your rights and obligations
@@ Line 2728: / Line 2948: @@
 Fundamental Breach.
 .12 We shall assess your response to the Rejection Criteria and where we determine
-you fail the Rejection Criteria we may terminate your Contract under the provisions
+that you fail the Rejection Criteria we may terminate your Contract under the
-in Clause 25.
+provisions in Clause 25.
-July 2016
+February 2017
 .
 Bribery, collusion, false tenders, fraud and unethical behaviour
 No bribery or collusion
@@ Line 2738: / Line 2958: @@
 Clause 3) must do the following:
 (a) comply with Bribery Legislation;
-(b) not commit a Prohibited Act;
+(b) not commit a Prohibited Act; and
 (c) not try to bribe any of our personnel, or any person who may perform
 services for, or who is associated (in any way) with, us.
@@ Line 2763: / Line 2983: @@
 Breach of these Clauses
 .7
-July 2016
+Any breach of Clauses 23.1, 23.2, 23.3 or 23.6 by you or by anyone employed, or
-Any breach of Clauses 23.1, 23.2, 23.3 and 23.6 by you or by anyone employed,
+otherwise appointed by you pursuant to Clause 3 (whether with or without your
-or otherwise appointed by you pursuant to Clause 3 (whether with or without your
 knowledge) is a Fundamental Breach.
-.
+February 2017
+.
 Sanctions
 Applying Sanctions
@@ Line 2796: / Line 3016: @@
 .3 In addition:
 .4
-July 2016
 (a) we may apply any one or more of Sanctions 3, 4 and/or 7 if you are under
 Official Investigation;
@@ Line 2810: / Line 3029: @@
 to the circumstances, having regard to any wider concern that we may have as to
 your capability as a result of the number and/or range of those breaches.
-Sanctions
+February 2017
+Sanctions
 Sanction No. 1 - suspend types of Contract Work and Delegated Functions
 .5
@@ Line 2851: / Line 3071: @@
 connection with Contract Work.
 Sanction No. 6 – suspend or remove your Rota allocation (if any)
-July 2016
+February 2017
 .12
 If you persistently fail to comply with the requirements under this Contract relating
 to your Rota and/or Panel membership or Duty Slots (as specified in the
@@ Line 2868: / Line 3088: @@
 Sanction No. 8 – termination of this Contract
 .14
-July 2016
 We may serve a written notice on you terminating this Contract on such date as
 we specify in such notice. In addition our right to terminate this Contract for a
 Fundamental Breach by you (together with additional rights of termination) is set
 out in Clause 25.4(a).
-.
+February 2017
+.
 How this Contract can be ended
 Termination of the whole Contract by you
@@ Line 2891: / Line 3111: @@
 Termination for breach
 .4
-July 2016
 For the avoidance of doubt and without limiting this Clause 25, our right to
 terminate this Contract in respect of your material or persistent breach is set out
@@ Line 2916: / Line 3135: @@
 Clause 18.1(g) is materially untrue;
 (j) you commit a material breach of your obligation to notify us of any Occasion
-of Tax Non-Compliance as required by Clause 14.2(a); or
+of Tax Non-Compliance as required by Clause 14.23(a); or
-(k)
+February 2017
+(k)
 .5
 you fail to provide details of steps being taken and mitigating factors
@@ Line 2952: / Line 3172: @@
 Termination or suspension of part of this Contract by us
 .8
-July 2016
 Whenever we are entitled to terminate this Contract (including pursuant to Clause
 .14) we may terminate any part of it or suspend it or any part of it including
@@ Line 2965: / Line 3184: @@
 relevant invitation to tender. We will set out the effects of any suspension (which
 will be less serious than termination) in the notice to you.
-.
+February 2017
+.
 Consequences of termination
 Clients and Contract Work files
@@ Line 2983: / Line 3203: @@
 (b) you must immediately stop all Contract Work;
 (c) you must immediately stop holding yourself out as able to perform Contract
-Work;
+Work; and
 (d) you must immediately stop holding yourself out as a Provider.
 .3 Subject to Clause 26.10, when any authority to perform Contract Work in any
@@ Line 2996: / Line 3216: @@
 .6 When any authority to perform Contract Work in any Category of Law or Class of
 Work ends, all “overpayments and mispayments” (as described in Clause 14) in
-respect of the "Crime" Category of Law or Class of Work become repayable to us
+respect of that Category of Law or Class of Work become repayable to us and we
-and we may assert our rights in Clause 14.14.
+may assert our rights in Clause 14.14.
 Work in progress
 .7
@@ Line 3006: / Line 3226: @@
 Existing rights at date of termination
 .8
-July 2016
 Subject to the provisions of this Contract, the suspension or ending of this Contract
 is without prejudice to any of your or our accrued rights (including our rights to
 Assess your Claims and to recover any overpayments to you and your rights to
-recover in respect of any underpayments by us). This includes Clauses 26.12 to
+February 2017
+recover in respect of any underpayments by us). This includes Clauses 26.12 to
 .19.
 .9
@@ Line 3057: / Line 3277: @@
 regarding the identity, number, age, sex, length of service, job title, grade and
 terms and conditions of employment (including those derived from collective
-agreements) of and other matters affecting each of those Employees. You must:
+February 2017
-July 2016
+agreements) of and other matters affecting each of those TUPE Employees. You
-(a) provide such information promptly and at no cost to us or any Replacement
+must:
+(a) provide such information promptly and at no cost to us or any Replacement
 Provider; and
 (b) notify us and any Replacement Provider forthwith in writing of any material
@@ Line 3071: / Line 3292: @@
 previously been employed or engaged in providing Contract Work to provide
 Contract Work save with our or any Replacement Provider’s prior written
-consent
+consent; and
 (f) enable and assist us or any Replacement Provider (in advance of the date of
 the TUPE transfer) to communicate with and meet the TUPE Employees and
@@ Line 3103: / Line 3324: @@
 Replacement Provider indemnified in full in relation to any and all Direct Losses
 arising from any such claim.
-.19 Where any liability in relation to any TUPE Employees referred to in Clause 26.18
+February 2017
+.19 Where any liability in relation to any TUPE Employees referred to in Clause 26.18
 arises partly as a result of any act or omission occurring on or before the expiry
 or termination (where applicable) of this Contract and partly as a result of any act
-July 2016
+or omission occurring after such expiry or termination of this Contract, your
-or omission occurring after such expiry or termination of this Contract, your
 indemnity to the Replacement Provider in Clause 26.18 will relate only to such
 part of the Direct Losses sustained by the Replacement Provider in consequence
 of the liability as is reasonably attributable to any act or omission occurring before
 the relevant date of expiry or termination of this Contract.
-.20
+.20 A Replacement Provider is a beneficiary under and will be entitled to enforce
-July 2016
-A Replacement Provider is a beneficiary under and will be entitled to enforce
 Clauses 26.16 to 26.19 pursuant to the Contracts (Rights of Third Parties) Act
 . In addition you will, on request, enter into an indemnity on the terms set
 out in Clauses 26.16 to 26.19 directly with a Replacement Provider.
-.
+February 2017
+.
 Reconsidering decisions and the review procedure
 Informal reconsideration
@@ Line 3159: / Line 3379: @@
 Disputes outside the formal review procedure
 .5
-July 2016
 The following are wholly outside the formal review procedure set out in this Clause
 and the provisions of Clause 28. Should any dispute arise in relation to these
 matters, the review procedure referred to in the Specification must be followed:
-.6
+February 2017
-(a) decisions on individual Client Matters or cases;
+.6
+(a) decisions on individual Client Matters or cases; and
 (b) decisions on Assessments and/or any claim or dispute which relates to the
 recovery by you or us of payments due to you or us under this Contract.
@@ Line 3200: / Line 3420: @@
 request for review.
 .12
-July 2016
 The Chief Executive will review your request, decide whether any additional
 information or documentation is required and seek to obtain that documentation
@@ Line 3208: / Line 3427: @@
 Reasonable Costs in respect of a further Audit under Clause 14.21 or to terminate
 this Contract must be referred to the CRB. Subject to the foregoing, the decision
-of the Chief Executive in respect of whether a matter should be referred to the
+February 2017
+of the Chief Executive in respect of whether a matter should be referred to the
 CRB will be final.
 .13
@@ Line 3253: / Line 3473: @@
 states that the matter is urgent in accordance with Clause 27.11, and you have
 complied with your obligations under Clauses 27.9 to 27.11, you may deem this
-July 2016
+February 2017
 formal review procedure as having expired and your rights under it as exhausted.
 In respect of all other requests for review however, you must await a response
 from the Chief Executive or the CRB (as appropriate) before considering the formal
@@ Line 3267: / Line 3487: @@
 appropriate) will send you and your Contract Manager written reasons for their
 determination.
-July 2016
+February 2017
 . Dispute resolution
 .1 This Clause 28 only applies if there is a “Formal Dispute”. A Formal Dispute occurs
 where:
@@ Line 3305: / Line 3525: @@
 .6 Any mediation will take place not later than 28 days after the date the parties
 agree to mediation.
-July 2016
+February 2017
 Disputes subject to court proceedings
 .7
 You or we may refer a Formal Dispute to be decided by the courts of England and
@@ Line 3341: / Line 3561: @@
 .10
 .11
-July 2016
 Any documents to be served on us should be marked for the attention of the Chief
 Executive and served by one of the following methods:
@@ Line 3353: / Line 3572: @@
 address as we may notify to you), DX: 152380 Westminster 8 and Fax: 0203 545
 .
-. Governing law and jurisdiction
+February 2017
+. Governing law and jurisdiction
 .1 The formation, existence, construction, performance, validity and all aspects
 whatsoever of this Contract and any non contractual obligations arising out of or
@@ Line 3360: / Line 3580: @@
 jurisdiction to settle any disputes which may arise out of or in connection with this
 Contract. The parties irrevocably agree to submit to that jurisdiction.
-July 2016
+February 2017
 .
 General
 Entire agreement
@@ Line 3399: / Line 3619: @@
 relieve you from implementing and complying with the Business Continuity Plan.
 .7
-July 2016
 If any cause within Clause 30.6 occurs the affected party must immediately:
 (a) inform the other party in writing of such cause and of what obligation or duty
@@ Line 3405: / Line 3624: @@
 (b) take all action within its power to comply with the terms of this Contract as
 fully and promptly as possible,
-and, unless the affected party takes such steps, this Clause must not have the
+February 2017
+and, unless the affected party takes such steps, this Clause must not have the
 effect of absolving it from its obligations under this Contract.
 .8 If the circumstances described in Clause 30.7 arise, but do not appear to be of a
@@ Line 3448: / Line 3668: @@
 Providing information under the National Audit Act 1983
 .13
-July 2016
 For the purpose of examination of our accounts, or any examination under section
 (1) of the National Audit Act 1983 as to the economy, efficiency and effectiveness
 with which we have used our resources, the Comptroller and Auditor General may
 examine such information as he or she may reasonably require which are owned,
-held or otherwise within your control and may require you to provide such
+February 2017
+held or otherwise within your control and may require you to provide such
 information and oral or written explanations as he or she may reasonably require
 for those purposes. You must promptly give all reasonable assistance to the
@@ Line 3465: / Line 3685: @@
 with Contract Work
 .15
-July 2016
 Where applicable it is your responsibility to check any Certificates and authorities
 that are issued to you in connection with Contract Work. If after checking a
@@ Line 3474: / Line 3693: @@
 condition on a Certificate, and if any such payment is made to you an equal sum
 is repayable by you to us.
+February 2017

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