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2017 Standard Crime Contract | 2017 Standard Crime Contract | ||
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Standard Terms | Standard Terms | ||
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February 2017 | February 2017 | ||
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Clause Heading | Clause Heading | ||
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Interpretation | Interpretation | ||
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Relationship and communication | Relationship and communication | ||
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Working with third parties | Working with third parties | ||
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Financial disclosure and risk | Financial disclosure and risk | ||
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Equality and diversity | Equality and diversity | ||
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Logos and marketing | Logos and marketing | ||
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Your obligations, looking after Clients, compliance and self-monitoring | Your obligations, looking after Clients, compliance and self-monitoring | ||
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Keeping records and completing and returning forms | Keeping records and completing and returning forms | ||
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Provision of information and access to your premises | Provision of information and access to your premises | ||
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Standard of Contract Work | Standard of Contract Work | ||
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KPIs | KPIs | ||
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Contract Documents and precedence | Contract Documents and precedence | ||
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Amendments to the Contract Documents | Amendments to the Contract Documents | ||
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Your account with us, Claims, payments and Assessments | Your account with us, Claims, payments and Assessments | ||
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Confidentiality | Confidentiality | ||
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Data protection | Data protection | ||
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FOIA | FOIA | ||
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Warranties | Warranties | ||
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Indemnity | Indemnity | ||
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Giving notices | Giving notices | ||
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Things you must tell us about | Things you must tell us about | ||
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Novations and Qualifying Events | Novations and Qualifying Events | ||
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Bribery, collusion, false tenders, fraud and unethical behaviour | Bribery, collusion, false tenders, fraud and unethical behaviour | ||
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Sanctions | Sanctions | ||
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How this Contract can be ended | How this Contract can be ended | ||
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Consequences of termination | Consequences of termination | ||
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Reconsidering decisions and the review procedure | Reconsidering decisions and the review procedure | ||
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Dispute resolution | Dispute resolution | ||
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Governing law and jurisdiction | Governing law and jurisdiction | ||
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General | General | ||
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21. Interpretation | 21. Interpretation | ||
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1.1 In this Contract the following expressions have the following meanings: | 1.1 In this Contract the following expressions have the following meanings: | ||
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“Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; | “Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; | ||
+ | |||
“Advocacy Assistance” has the meaning given in section 15 of the Act; | “Advocacy Assistance” has the meaning given in section 15 of the Act; | ||
+ | |||
“Affiliate” means any other entity which directly or indirectly Controls, is Controlled | “Affiliate” means any other entity which directly or indirectly Controls, is Controlled | ||
by, or under direct or indirect common Control with you; | by, or under direct or indirect common Control with you; | ||
+ | |||
“Agent” means an individual or organisation (other than Counsel) engaged by 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; | 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 | “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 | conviction or sentence, and the making of an application to the Criminal Cases | ||
Review Commission (CCRC); | Review Commission (CCRC); | ||
+ | |||
“Approved Third Party” means an individual or organisation engaged by you to | “Approved Third Party” means an individual or organisation engaged by you to | ||
undertake non-legal work ancillary to Contract Work, including experts and | undertake non-legal work ancillary to Contract Work, including experts and | ||
translators but excluding Agents and Counsel; | translators but excluding Agents and Counsel; | ||
+ | |||
“Arrangements” means any arrangements made under the Act by us; | “Arrangements” means any arrangements made under the Act by us; | ||
+ | |||
“Assessment” means an assessment by us or by a competent court or tribunal, of | “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 | 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; | 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 | “Associated Civil Work” means Legal Help and civil Legal Representation in actual | ||
or proposed proceedings: | or proposed proceedings: | ||
+ | |||
(a) for judicial review (including proceedings under the Human Rights Act | (a) for judicial review (including proceedings under the Human Rights Act | ||
1998) or proceedings for habeas corpus, provided those proceedings | 1998) or proceedings for habeas corpus, provided those proceedings | ||
arise from a Matter or Case within the "Crime" Category of Law; or | arise from a Matter or Case within the "Crime" Category of Law; or | ||
+ | |||
(b) under the Proceeds of Crime Act 2002; or | (b) under the Proceeds of Crime Act 2002; or | ||
+ | |||
(c) Civil Legal Services in relation to proceedings for injunctions sought in | (c) Civil Legal Services in relation to proceedings for injunctions sought in | ||
respect of alleged anti-social behaviour arising under Part 1 section 1 | respect of alleged anti-social behaviour arising under Part 1 section 1 | ||
of the Anti-Social Behaviour, Crime and Policing Act 2014; | of the Anti-Social Behaviour, Crime and Policing Act 2014; | ||
“Audit” means: | “Audit” means: | ||
+ | |||
(a) an Official Investigation; and/or | (a) an Official Investigation; and/or | ||
+ | |||
(b) an investigation by us in connection with the performance of your | (b) an investigation by us in connection with the performance of your | ||
obligations and/or to check your compliance with your obligations | obligations and/or to check your compliance with your obligations | ||
under this Contract; | under this Contract; | ||
+ | |||
“Auditor General” means an officer of the House of Commons who exercises its | “Auditor General” means an officer of the House of Commons who exercises its | ||
functions in accordance with the Budget Responsibility and National Audit Act | functions in accordance with the Budget Responsibility and National Audit Act | ||
2011; | 2011; | ||
+ | |||
“Authorisation” means any authorisation given for the purposes of section 5 of the | “Authorisation” means any authorisation given for the purposes of section 5 of the | ||
Act or regulations made under that section; | Act or regulations made under that section; | ||
February 2017 | February 2017 | ||
+ | |||
3“Bank Covenants” means the agreed performance guidelines set for your Bank | 3“Bank Covenants” means the agreed performance guidelines set for your Bank | ||
Facilities (if any); | Facilities (if any); | ||
+ | |||
“Bank Facilities” means any overdraft limits or credit facility available to you and | “Bank Facilities” means any overdraft limits or credit facility available to you and | ||
their associated terms; | their associated terms; | ||
+ | |||
"Bribery Legislation" means the Bribery Act 2010 and any subordinate legislation | "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 | made under it from time to time together with any guidance or codes of practice | ||
issued by the government concerning the legislation; | issued by the government concerning the legislation; | ||
+ | |||
“Business Continuity Plan” means your written plan setting out the processes and | “Business Continuity Plan” means your written plan setting out the processes and | ||
arrangements which you will follow to ensure continuity of your business processes | arrangements which you will follow to ensure continuity of your business processes | ||
Line 118: | Line 142: | ||
of Contract Work and the recovery of the provision of Contract Work in the event | of Contract Work and the recovery of the provision of Contract Work in the event | ||
of an Unplanned Interruption; | of an Unplanned Interruption; | ||
+ | |||
“Business Day” means any day except Saturday, Sunday and any bank or public | “Business Day” means any day except Saturday, Sunday and any bank or public | ||
holiday in England and Wales; | holiday in England and Wales; | ||
+ | |||
“Business Hours” means 9am to 5.30pm each Business Day; | “Business Hours” means 9am to 5.30pm each Business Day; | ||
+ | |||
“Case” means all the work carried out under this Contract in Criminal Proceedings | “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 | and Prison Law for all Clients represented by you in those proceedings in respect | ||
of: | of: | ||
+ | |||
(a) one offence (that is an offence for which the Client is charged or | (a) one offence (that is an offence for which the Client is charged or | ||
summoned or otherwise required to appear in court); or | summoned or otherwise required to appear in court); or | ||
+ | |||
(b) more than one offence, where one or more charges or informations | (b) more than one offence, where one or more charges or informations | ||
are preferred or laid at the same time; or where | are preferred or laid at the same time; or where | ||
+ | |||
(c) the offences are allegedly founded on the same facts or form part of | (c) the offences are allegedly founded on the same facts or form part of | ||
a series of offences; | a series of offences; | ||
+ | |||
“Category of Law” or “Category” or “Category of Work” means a "category of law" | “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 | set out in the Category Definitions document, published by us on our website (as | ||
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Contract Document such amendments would not have been prohibited by Clause | Contract Document such amendments would not have been prohibited by Clause | ||
13.1); | 13.1); | ||
+ | |||
“CEDR” means the Centre for Effective Dispute Resolution; | “CEDR” means the Centre for Effective Dispute Resolution; | ||
+ | |||
“Certificate” means as described in Legal Aid Legislation; | “Certificate” means as described in Legal Aid Legislation; | ||
+ | |||
“Change of Control” means a change of control that shall occur in respect of a | “Change of Control” means a change of control that shall occur in respect of a | ||
person where: | person where: | ||
+ | |||
(a) Control of that person is obtained by any person who did not at the | (a) Control of that person is obtained by any person who did not at the | ||
Contract Start Date hold Control of that person; or | Contract Start Date hold Control of that person; or | ||
+ | |||
(b) a person who has Control of that person at any time during the | (b) a person who has Control of that person at any time during the | ||
Contract Period ceases to have Control of that person | Contract Period ceases to have Control of that person | ||
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person where its Ultimate Parent Company (if any) before the relevant event | person where its Ultimate Parent Company (if any) before the relevant event | ||
remains its Ultimate Parent Company after the event; | remains its Ultimate Parent Company after the event; | ||
- | February 2017 | + | |
4“Civil Legal Services” has the meaning given to it in section 8 of the Act; | 4“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 | “Civil Merits Regulations” means the Civil Legal Aid (Merits Criteria) Regulations | ||
2013; | 2013; | ||
+ | |||
“CJS Online” means the online system for managing the transmission of | “CJS Online” means the online system for managing the transmission of | ||
information between component parts of the criminal justice system including | information between component parts of the criminal justice system including | ||
courts, police, prosecution and defence organisations; | courts, police, prosecution and defence organisations; | ||
+ | |||
“Claim” means a claim for payment for Contract Work submitted on the Contract | “Claim” means a claim for payment for Contract Work submitted on the Contract | ||
Report Form we specify for that purpose; | Report Form we specify for that purpose; | ||
+ | |||
“Class of Work” means Criminal Investigations, Criminal Proceedings, Appeals and | “Class of Work” means Criminal Investigations, Criminal Proceedings, Appeals and | ||
Reviews, Prison Law and Associated Civil Work and “Class” and “Classes” have the | Reviews, Prison Law and Associated Civil Work and “Class” and “Classes” have the | ||
corresponding meaning; | corresponding meaning; | ||
+ | |||
“Clause” means a clause in these Standard Terms (unless specified otherwise); | “Clause” means a clause in these Standard Terms (unless specified otherwise); | ||
+ | |||
“Client” means an individual whom the Director (or a person authorised by the | “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 | Director) or the court has determined qualifies for receipt of Contract Work and | ||
for whom you are performing or have performed Contract Work; | for whom you are performing or have performed Contract Work; | ||
+ | |||
“Comptroller” means an officer of the House of Commons who exercises its | “Comptroller” means an officer of the House of Commons who exercises its | ||
functions in accordance with the Budget Responsibility and National Audit Act | functions in accordance with the Budget Responsibility and National Audit Act | ||
2011; | 2011; | ||
+ | |||
“Constable” means a police officer, a British Transport Police officer, an officer of | “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 | HM Revenue and Customs and any other official with a power of arrest by virtue | ||
Line 171: | Line 216: | ||
search premises or are required by section 66(9) of the Police and Criminal | 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; | Evidence Act 1984 (PACE) to have regard to the PACE Codes of Practice; | ||
+ | |||
“Consultative Bodies” means The Law Society, the Legal Aid Practitioners Group, | “Consultative Bodies” means The Law Society, the Legal Aid Practitioners Group, | ||
and The Bar Council. For Associated Civil Work only, Consultative Bodies also | and The Bar Council. For Associated Civil Work only, Consultative Bodies also | ||
includes the Advice Services Alliance; | includes the Advice Services Alliance; | ||
+ | |||
“Contract” means the agreement between you and us which consists of the | “Contract” means the agreement between you and us which consists of the | ||
Contract Documents; | Contract Documents; | ||
+ | |||
“Contract Documents” has the meaning given to it in Clause 12.1; | “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 | “Contract for Signature” means the document of that name issued by us and | ||
signed by you and us in relation to this Contract; | signed by you and us in relation to this Contract; | ||
+ | |||
“Contract Liaison Manager” means the member of your personnel nominated by | “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 | 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 | matters concerning this Contract being, as at the Contract Start Date, as set out | ||
in your Contract for Signature; | in your Contract for Signature; | ||
+ | |||
“Contract Manager” means a person nominated by us from time to time in | “Contract Manager” means a person nominated by us from time to time in | ||
accordance with Clause 2 to liaise with you about this Contract; | 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 Period” has the meaning given to it in the Contract for Signature; | ||
+ | |||
“Contract Report” means a report providing information required by us on any | “Contract Report” means a report providing information required by us on any | ||
aspect of your performance under this Contract, on the Matters and cases | aspect of your performance under this Contract, on the Matters and cases | ||
- | February 2017 | + | commenced under it (including the Contract Work performed and the current |
- | 5commenced 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 | position on each such Matter or case and the names and addresses of Clients) and | ||
on Claims made and payments received; | on Claims made and payments received; | ||
+ | |||
“Contract Report Form” means such form as we may specify (in any format we | “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 | specify, including electronic format) for making claims or for providing information | ||
about you and/or this Contract including, Contract Work, your performance under | about you and/or this Contract including, Contract Work, your performance under | ||
and compliance with this Contract or your legal status and constitution; | and compliance with this Contract or your legal status and constitution; | ||
+ | |||
“Contract Review Body” and “CRB” means the body appointed in accordance with | “Contract Review Body” and “CRB” means the body appointed in accordance with | ||
Clause 27.14 to determine formal reviews pursuant to Clause 27; | Clause 27.14 to determine formal reviews pursuant to Clause 27; | ||
“Contract Start Date” means the date specified in your Contract for Signature as | “Contract Start Date” means the date specified in your Contract for Signature as | ||
the date this Contract starts; | the date this Contract starts; | ||
+ | |||
“Contract Work” means the work that you may perform for Clients in the Category | “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 | 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; | the Specification under, or by virtue of, this Contract; | ||
+ | |||
“Control” means the possession by a person or body directly or indirectly of the | “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 | 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 | (whether through the exercise of voting shares, by contract or otherwise) and | ||
+ | |||
“Controlled” and “Controllers” shall be interpreted accordingly; | “Controlled” and “Controllers” shall be interpreted accordingly; | ||
+ | |||
“Costs Assessment Manuals” means our manuals setting out guidance as to how | “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 | the courts will assess costs in Legal Aid matters and accordingly how we will Assess | ||
Line 212: | Line 270: | ||
Manuals been a Contract Document, such amendments would not have been | Manuals been a Contract Document, such amendments would not have been | ||
prohibited by Clause 13.1; | prohibited by Clause 13.1; | ||
+ | |||
“Counsel” means a barrister or solicitor with higher rights of audience in | “Counsel” means a barrister or solicitor with higher rights of audience in | ||
independent practice; | independent practice; | ||
+ | |||
“Criminal Cases Review Commission” or “CCRC” means the independent body that | “Criminal Cases Review Commission” or “CCRC” means the independent body that | ||
reviews potential miscarriages of justice in criminal cases in England, Wales and | reviews potential miscarriages of justice in criminal cases in England, Wales and | ||
Northern Ireland; | Northern Ireland; | ||
+ | |||
“Criminal Defence Direct” is a service provided by independent contractors under | “Criminal Defence Direct” is a service provided by independent contractors under | ||
separate contractual arrangements. Criminal Defence Direct’s role is to provide | separate contractual arrangements. Criminal Defence Direct’s role is to provide | ||
Police Station Telephone Advice for Clients at the Police Station on Matters which | Police Station Telephone Advice for Clients at the Police Station on Matters which | ||
fall outside the scope of this Contract; | fall outside the scope of this Contract; | ||
+ | |||
“Criminal Investigations” means the Units of Work covered by the "Criminal | “Criminal Investigations” means the Units of Work covered by the "Criminal | ||
Investigations" Class of Work set out at Paragraph 1.3 of the Specification; | 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 | “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; | regulation 9 of the Criminal Legal Aid (General) Regulations 2013; | ||
+ | |||
“Data” means as specified in the Data Protection Act 1998; | “Data” means as specified in the Data Protection Act 1998; | ||
+ | |||
“Data Protection Legislation” means the Data Protection Act 1998, the EU Data | “Data Protection Legislation” means the Data Protection Act 1998, the EU Data | ||
Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, | Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, | ||
Line 245: | Line 310: | ||
Communications (EC Directive) (Amendment) Regulations 2011 and all applicable | Communications (EC Directive) (Amendment) Regulations 2011 and all applicable | ||
laws, regulations, statute, declaration, decree, directive, legislative enactment, | laws, regulations, statute, declaration, decree, directive, legislative enactment, | ||
- | February 2017 | + | order, ordinance, regulation, rule or other binding restriction (as amended, |
- | 6order, ordinance, regulation, rule or other binding restriction (as amended, | + | |
consolidated or re-enacted from time to time) relating to the protection of | 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 | individuals with regards to the processing of personal data and privacy to which a | ||
Line 254: | Line 318: | ||
issued by the UK’s Information Commissioner’s Office and any generally accepted | issued by the UK’s Information Commissioner’s Office and any generally accepted | ||
code of good practice; | code of good practice; | ||
+ | |||
“Data Security Guidance” means our published guidance regarding compliance | “Data Security Guidance” means our published guidance regarding compliance | ||
with the Data Security Requirements (which can be located on our website) as | with the Data Security Requirements (which can be located on our website) as | ||
Line 259: | Line 324: | ||
Contract Document such amendments would not have been prohibited by Clause | Contract Document such amendments would not have been prohibited by Clause | ||
13.1; | 13.1; | ||
+ | |||
“Data Security Requirements” means our data security requirements (which can | “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 | 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 | Security Requirements been a Contract Document such amendments would not | ||
have been prohibited by Clause 13.1; | have been prohibited by Clause 13.1; | ||
+ | |||
“Delegated Functions” means a function of the Director or the Lord Chancellor | “Delegated Functions” means a function of the Director or the Lord Chancellor | ||
delegated to you by an Authorisation; | delegated to you by an Authorisation; | ||
+ | |||
“Direct Losses” means damages, losses, indebtedness, claims, actions, costs | “Direct Losses” means damages, losses, indebtedness, claims, actions, costs | ||
(including the cost of legal or professional services, legal costs being on an | (including the cost of legal or professional services, legal costs being on an | ||
indemnity basis), expenses, liabilities, proceedings, demands and charges whether | indemnity basis), expenses, liabilities, proceedings, demands and charges whether | ||
arising under statute, contract or at common law, but excluding Indirect Losses; | arising under statute, contract or at common law, but excluding Indirect Losses; | ||
+ | |||
“Director” means the Director of Legal Aid Casework designated under section 4 | “Director” means the Director of Legal Aid Casework designated under section 4 | ||
of the Act; | of the Act; | ||
+ | |||
“DOTAS” means the Disclosure of Tax Avoidance Schemes rules which require a | “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 | promoter of tax schemes to tell HM Revenue and Customs of any specified | ||
Line 280: | Line 350: | ||
2004) Regulations 2012, SI 2012/1868) made under section 132A of the Social | 2004) Regulations 2012, SI 2012/1868) made under section 132A of the Social | ||
Security Administration Act 1992; | Security Administration Act 1992; | ||
+ | |||
“Duty Scheme” or “Scheme” means a duty scheme operating under this Contract | “Duty Scheme” or “Scheme” means a duty scheme operating under this Contract | ||
covering one or more magistrates’ courts and/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 | “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 | under a Previous Contract or is a current member of the Law Society’s Criminal | ||
Litigation Accreditation Scheme and passed the PSQ; | Litigation Accreditation Scheme and passed the PSQ; | ||
+ | |||
“DX” means the Document Exchange service operated by DX Network Services | “DX” means the Document Exchange service operated by DX Network Services | ||
Limited, whose registered office is situated at DX House, Ridgeway, Iver, Bucks, | Limited, whose registered office is situated at DX House, Ridgeway, Iver, Bucks, | ||
SL0 9JQ, and its successors and assignees; | SL0 9JQ, and its successors and assignees; | ||
+ | |||
“Employee” means an individual who undertakes Contract Work on your behalf | “Employee” means an individual who undertakes Contract Work on your behalf | ||
and who: | and who: | ||
+ | |||
(a) | (a) | ||
- | February 2017 | ||
is a director, member or partner of your organisation; or | is a director, member or partner of your organisation; or | ||
- | 7(b) | + | |
+ | b) | ||
holds a contract of employment with you; | holds a contract of employment with you; | ||
and (with the exception of directors, Members of LLPs or partners) has | and (with the exception of directors, Members of LLPs or partners) has | ||
Line 302: | Line 377: | ||
employed, independent contractors or hold a contract for services do not meet | employed, independent contractors or hold a contract for services do not meet | ||
this definition. "Employ" and "Employed" shall be construed accordingly; | this definition. "Employ" and "Employed" shall be construed accordingly; | ||
+ | |||
“Employee Liability Information” means the information which a transferor is | “Employee Liability Information” means the information which a transferor is | ||
obliged to notify to a transferee pursuant to Regulation 11(2) of TUPE regarding | obliged to notify to a transferee pursuant to Regulation 11(2) of TUPE regarding | ||
Line 307: | Line 383: | ||
resources or employees which is the subject of a relevant transfer and also such | resources or employees which is the subject of a relevant transfer and also such | ||
employees as fall within Regulation 11(4) of TUPE; | employees as fall within Regulation 11(4) of TUPE; | ||
+ | |||
“Environmental Information Regulations” means the Environmental Information | “Environmental Information Regulations” means the Environmental Information | ||
Regulations 2004 together with any guidance and/or codes of practice issued by | Regulations 2004 together with any guidance and/or codes of practice issued by | ||
the Information Commissioner or relevant government department in relation to | the Information Commissioner or relevant government department in relation to | ||
such regulations; | such regulations; | ||
+ | |||
“Equality and Diversity Guidance” means our guidelines regarding Providers’ | “Equality and Diversity Guidance” means our guidelines regarding Providers’ | ||
compliance with equality and diversity legislation and Clause 5, as may be | compliance with equality and diversity legislation and Clause 5, as may be | ||
Line 316: | Line 394: | ||
Contract Document such amendments would not have been prohibited by Clause | Contract Document such amendments would not have been prohibited by Clause | ||
13.1; | 13.1; | ||
+ | |||
“Equality and Diversity Policy” has the meaning given to it in Clause 5.2(b); | “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; | “Excess Claims” has the meaning given to it in Clause 14.21; | ||
+ | |||
“FOIA” means the Freedom of Information Act 2000 and any subordinate | “FOIA” means the Freedom of Information Act 2000 and any subordinate | ||
legislation made under the Freedom of Information Act 2000 from time to time | 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 | together with any guidance and/or codes of practice issued by the Information | ||
Commissioner or relevant government department in relation to the same; | Commissioner or relevant government department in relation to the same; | ||
+ | |||
“Formal Dispute” has the meaning given to it in Clause 28.1; | “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 | “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; | Act, the Access to Justice Act 1999 or the Legal Aid Act 1988; | ||
+ | |||
“Fundamental Breach” means: | “Fundamental Breach” means: | ||
+ | |||
(a) those matters specified in this Contract as being a Fundamental | (a) those matters specified in this Contract as being a Fundamental | ||
Breach; and/or | Breach; and/or | ||
+ | |||
(b) any breach of this Contract involving dishonesty by you or your | (b) any breach of this Contract involving dishonesty by you or your | ||
personnel; | personnel; | ||
+ | |||
“General Anti-Abuse Rule” means (a) the legislation in Part 5 of the Finance Act | “General Anti-Abuse Rule” means (a) the legislation in Part 5 of the Finance Act | ||
2013; and (b) any future legislation introduced into parliament to counteract tax | 2013; and (b) any future legislation introduced into parliament to counteract tax | ||
advantages arising from abusive arrangements to avoid national insurance | advantages arising from abusive arrangements to avoid national insurance | ||
contributions; | contributions; | ||
+ | |||
“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the | “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 | European Parliament and of the Council of 27 April 2016 on the protection of | ||
- | February 2017 | + | natural persons with regard to the processing of personal data and on the free |
- | 8natural persons with regard to the processing of personal data and on the free | + | |
movement of such data, and repealing Directive 95/46/EC; | movement of such data, and repealing Directive 95/46/EC; | ||
+ | |||
“Good Industry Practice” means that degree of skill, care, diligence, prudence, | “Good Industry Practice” means that degree of skill, care, diligence, prudence, | ||
timeliness, efficiency and foresight which could reasonably and ordinarily be | timeliness, efficiency and foresight which could reasonably and ordinarily be | ||
expected from a skilled, experienced and professionally managed provider of legal | expected from a skilled, experienced and professionally managed provider of legal | ||
services similar to those required to be provided under this Contract; | services similar to those required to be provided under this Contract; | ||
+ | |||
“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 | 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); | (CJSM); | ||
+ | |||
“Halifax Abuse Principle” means the principle explained in the CJEU Case C-255/02 | “Halifax Abuse Principle” means the principle explained in the CJEU Case C-255/02 | ||
Halifax and others; | Halifax and others; | ||
+ | |||
“Head of Contract Management” means the person of that name nominated by us | “Head of Contract Management” means the person of that name nominated by us | ||
from time to time who has responsibility for managing Contract Managers; | from time to time who has responsibility for managing Contract Managers; | ||
+ | |||
“Independent Costs Assessor” means a person appointed by us to assess | “Independent Costs Assessor” means a person appointed by us to assess | ||
Providers’ Claims; | Providers’ Claims; | ||
+ | |||
“Independent Funding Adjudicator” means an adjudicator appointed by the Lord | “Independent Funding Adjudicator” means an adjudicator appointed by the Lord | ||
Chancellor under section 2 of the Act; | Chancellor under section 2 of the Act; | ||
+ | |||
“Independent Peer Review Process” means the process by which an independent | “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, | Audit of the standard of your Contract Work is performed by us, or on our behalf, | ||
Line 360: | Line 454: | ||
provided that had the Independent Peer Review Process been a Contract | provided that had the Independent Peer Review Process been a Contract | ||
Document such amendments would not have been prohibited by Clause 13.1; | Document such amendments would not have been prohibited by Clause 13.1; | ||
+ | |||
“Indirect Losses” means loss of profit, loss of business, loss of business | “Indirect Losses” means loss of profit, loss of business, loss of business | ||
opportunity (in each case whether direct, indirect or consequential) or any other | opportunity (in each case whether direct, indirect or consequential) or any other | ||
claim for special, consequential or indirect loss of any nature; | claim for special, consequential or indirect loss of any nature; | ||
+ | |||
“Investigation” means all the Contract Work undertaken for one Client under | “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 | Section 9 in respect of an arrest or arrests taking place at the same time. An | ||
Line 370: | Line 466: | ||
original Investigation but will usually be within the scope of Criminal Defence | original Investigation but will usually be within the scope of Criminal Defence | ||
Direct, and so not within the scope of this Contract; | Direct, and so not within the scope of this Contract; | ||
+ | |||
“Invitation To Tender Documents” means those documents issued by us inviting | “Invitation To Tender Documents” means those documents issued by us inviting | ||
you to tender for this Contract and which include the Rejection Criteria; | you to tender for this Contract and which include the Rejection Criteria; | ||
+ | |||
“IT System” means the configuration of computer components comprising all the | “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 | software owned by, or licensed to you by a third party (and any updates and | ||
Line 378: | Line 476: | ||
hardware or other information technology (whether embedded or not) which links | hardware or other information technology (whether embedded or not) which links | ||
the different parts of the system together; | the different parts of the system together; | ||
+ | |||
“KPI” means the key performance indicators specified in the Specification; | “KPI” means the key performance indicators specified in the Specification; | ||
+ | |||
“LAA Data” means: | “LAA Data” means: | ||
- | February 2017 | + | |
- | 9(a) | + | (a) |
(b) | (b) | ||
the Data (including, drawings, diagrams, images or sounds (together | the Data (including, drawings, diagrams, images or sounds (together | ||
with any database made up of any of these which is embodied in any | with any database made up of any of these which is embodied in any | ||
electronic, magnetic, optical or tangible media)) which: | electronic, magnetic, optical or tangible media)) which: | ||
+ | |||
(i) are supplied to you by us or on our behalf; | (i) are supplied to you by us or on our behalf; | ||
+ | |||
(ii) you are required to Process pursuant to this Contract; or | (ii) you are required to Process pursuant to this Contract; or | ||
any Personal Data for which we are the Data Controller but not | any Personal Data for which we are the Data Controller but not | ||
including the Shared Data; | including the Shared Data; | ||
+ | |||
“Legal Aid” has the meaning given to it in Part 1 of the Act; | “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 | “Legal Aid Agency” or “LAA” means the Executive Agency of the Ministry of Justice | ||
through which the Lord Chancellor acts to administer Legal Aid; | through which the Lord Chancellor acts to administer Legal Aid; | ||
+ | |||
“Legal Aid Legislation” means the Act and statutory instruments made under that | “Legal Aid Legislation” means the Act and statutory instruments made under that | ||
Act which are relevant to this Contract; | Act which are relevant to this Contract; | ||
+ | |||
“Legal Help” has the meaning given in regulation 13 of the Civil Merits Regulations; | “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 | “Legal Representation” has the meaning given to it in regulation 18 of the Civil | ||
Merits Regulations; | Merits Regulations; | ||
Line 763: | Line 871: | ||
to hold this Contract. Where we determine that you are no longer suitable to hold | 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. | this Contract we shall terminate this Contract under the provisions in Clause 25. | ||
+ | |||
2.2 You shall ensure that neither you nor any of your Affiliates brings the legal aid | 2.2 You shall ensure that neither you nor any of your Affiliates brings the legal aid | ||
scheme into disrepute by engaging in any unprofessional or unlawful conduct | scheme into disrepute by engaging in any unprofessional or unlawful conduct | ||
Line 774: | Line 883: | ||
within the scope of the words “unprofessional or unlawful conduct” under this | within the scope of the words “unprofessional or unlawful conduct” under this | ||
Clause 2.2. | Clause 2.2. | ||
+ | |||
Duty to act in good faith and obtaining value for money | Duty to act in good faith and obtaining value for money | ||
+ | |||
2.3 In relation to this Contract, you and we will act in good faith. | 2.3 In relation to this Contract, you and we will act in good faith. | ||
+ | |||
2.4 Without prejudice to more specific provisions of this Contract and to your | 2.4 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 | professional obligations in respect of Clients, you and we agree to work together | ||
in mutual trust and co-operation to achieve value for money. | in mutual trust and co-operation to achieve value for money. | ||
Communicating with each other | Communicating with each other | ||
+ | |||
2.5 You must, subject to Clause 10.4, nominate a Contract Liaison Manager to liaise | 2.5 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 | 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 | Contract. You must notify us promptly and in any event within five Business Days | ||
of any change in your Contract Liaison Manager. | of any change in your Contract Liaison Manager. | ||
+ | |||
2.6 The Contract Liaison Manager and Contract Manager must be competent and have | 2.6 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 | sufficient authority, to deal with issues that might be expected to arise in | ||
connection with performance and payment under and compliance with this | connection with performance and payment under and compliance with this | ||
Contract. | Contract. | ||
+ | |||
2.7 All communications under or in connection with this Contract (including between | 2.7 All communications under or in connection with this Contract (including between | ||
our personnel and your personnel) must be conducted in a polite and professional | our personnel and your personnel) must be conducted in a polite and professional | ||
manner. | manner. | ||
+ | |||
2.8 Both parties agree that good communication between their personnel is key to the | 2.8 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 | effective operation of this Contract and agree to ensure that their personnel | ||
understand this and to provide relevant training if they consider it appropriate. | understand this and to provide relevant training if they consider it appropriate. | ||
+ | |||
2.9 Both parties agree to investigate any complaints of breach of this Clause 2 by any | 2.9 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 | member of their personnel and to take appropriate action (including, where | ||
appropriate, notifying the other party of the action taken). Where a complaint is | appropriate, notifying the other party of the action taken). Where a complaint is | ||
justified, “appropriate action” is within the discretion of the relevant party but | justified, “appropriate action” is within the discretion of the relevant party but | ||
- | February 2017 | + | might include requiring the person concerned to undergo relevant training |
- | 19might include requiring the person concerned to undergo relevant training | + | |
(including training on the purpose of this Contract and this Clause 2). | (including training on the purpose of this Contract and this Clause 2). | ||
+ | |||
2.10 | 2.10 | ||
As well as a postal address or DX number and telephone number, you must have | As well as a postal address or DX number and telephone number, you must have | ||
Line 809: | Line 926: | ||
(including under Clause 7.19) when we require you to under and in accordance | (including under Clause 7.19) when we require you to under and in accordance | ||
with the terms of this Contract. | with the terms of this Contract. | ||
+ | |||
Communications with the media | Communications with the media | ||
+ | |||
2.11 Subject to your Client’s consent, you must promptly notify our Contract Manager | 2.11 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. | of any Matter or case which is of special interest to the public or the media. | ||
+ | |||
2.12 Subject to your Client’s consent, in respect of Matters and cases, you must | 2.12 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 | acknowledge in any communication between you and the media that such Matter | ||
or case (where the context requires) is or was Legal Aid work. | or case (where the context requires) is or was Legal Aid work. | ||
+ | |||
Third party rights | Third party rights | ||
+ | |||
2.13 | 2.13 | ||
Except as stated in Clause 26.20, the parties to this Contract do not intend that | Except as stated in Clause 26.20, the parties to this Contract do not intend that | ||
Line 993: | Line 1115: | ||
You must maintain records of the information referred to in Clauses 4.1 and 4.3 | You must maintain records of the information referred to in Clauses 4.1 and 4.3 | ||
in accordance with Clause 8.6. | in accordance with Clause 8.6. | ||
- | February 2017 | + | |
- | 245. | + | |
Equality and diversity | Equality and diversity | ||
+ | |||
Our obligations | Our obligations | ||
+ | |||
5.1 | 5.1 | ||
We have a duty, in accordance with section 149 of the Equality Act 2010 to have | We have a duty, in accordance with section 149 of the Equality Act 2010 to have | ||
due regard to the need to: | due regard to the need to: | ||
+ | |||
(a) eliminate discrimination, harassment, victimisation and any other conduct | (a) eliminate discrimination, harassment, victimisation and any other conduct | ||
prohibited by or under the Equality Act 2010; | prohibited by or under the Equality Act 2010; | ||
+ | |||
(b) advance equality of opportunity between persons who share a Relevant | (b) advance equality of opportunity between persons who share a Relevant | ||
Protected Characteristic and persons who do not share it; and | Protected Characteristic and persons who do not share it; and | ||
+ | |||
(c) foster good relations between persons who share a Relevant Protected | (c) foster good relations between persons who share a Relevant Protected | ||
Characteristic and persons who do not share it. | Characteristic and persons who do not share it. | ||
and you must use your best endeavours to assist us, and to co-operate with us, | and you must use your best endeavours to assist us, and to co-operate with us, | ||
to enable us to comply with our duties. | to enable us to comply with our duties. | ||
+ | |||
Your obligations | Your obligations | ||
+ | |||
5.2 | 5.2 | ||
To help us to comply with our duty under the Equality Act 2010, you must: | To help us to comply with our duty under the Equality Act 2010, you must: | ||
+ | |||
(a) have regard to the Equality and Diversity Guidance; | (a) have regard to the Equality and Diversity Guidance; | ||
+ | |||
(b) have a written equality and diversity policy that, as a minimum, must | (b) have a written equality and diversity policy that, as a minimum, must | ||
include: | include: | ||
+ | |||
(i) a commitment to the principles of equality and diversity and to | (i) a commitment to the principles of equality and diversity and to | ||
observing legislative requirements; | observing legislative requirements; | ||
+ | |||
(ii) how you will meet the diverse needs of the Clients and local community | (ii) how you will meet the diverse needs of the Clients and local community | ||
or communities that you serve; | or communities that you serve; | ||
+ | |||
(iii) how you will implement, monitor, evaluate and update the policy; | (iii) how you will implement, monitor, evaluate and update the policy; | ||
+ | |||
(iv) how you intend to ensure equality in relation to your personnel, Clients, | (iv) how you intend to ensure equality in relation to your personnel, Clients, | ||
potential Clients and other third parties appointed by you in accordance | potential Clients and other third parties appointed by you in accordance | ||
with Clause 3; | with Clause 3; | ||
+ | |||
(v) identification of a senior person within your organisation with | (v) identification of a senior person within your organisation with | ||
responsibility for the policy and its effective implementation; | responsibility for the policy and its effective implementation; | ||
+ | |||
(vi) how complaints and issues are to be dealt with; | (vi) how complaints and issues are to be dealt with; | ||
+ | |||
(vii) requirements that no members of your personnel unlawfully | (vii) requirements that no members of your personnel unlawfully | ||
discriminate in dealings with other members of your personnel, Clients, | discriminate in dealings with other members of your personnel, Clients, | ||
Line 1030: | Line 1167: | ||
with Clause 3, | with Clause 3, | ||
the “Equality and Diversity Policy”; | the “Equality and Diversity Policy”; | ||
+ | |||
(c) have and implement an equality and diversity training plan for your | (c) have and implement an equality and diversity training plan for your | ||
personnel; | personnel; | ||
+ | |||
(d) have and implement a communications plan to promote your policies and | (d) have and implement a communications plan to promote your policies and | ||
procedures for ensuring that your services are accessible for people with a | procedures for ensuring that your services are accessible for people with a | ||
- | February 2017 | + | disability and meet the language needs of the Clients you serve in your |
- | 25disability and meet the language needs of the Clients you serve in your | + | |
locality; and | locality; and | ||
+ | |||
(e) | (e) | ||
review any of your policies and plans referred to above in operation at least | review any of your policies and plans referred to above in operation at least | ||
Line 1048: | Line 1187: | ||
meet the objectives contained within such policy and plans and/or if such | meet the objectives contained within such policy and plans and/or if such | ||
policies and plans do not comply with this Contract. | policies and plans do not comply with this Contract. | ||
+ | |||
5.3 Without limiting the generality of any other provision of this Contract, you must | 5.3 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 | 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. | personnel do not unlawfully discriminate as provided by the Equality Act 2010. | ||
+ | |||
5.4 Without limiting the generality of any other provision of this Contract, you must | 5.4 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 | not have been found by a competent court or tribunal at any time to have | ||
unlawfully discriminated against any Client or potential Client. | unlawfully discriminated against any Client or potential Client. | ||
+ | |||
5.5 To help us to comply with our statutory obligations in relation to equalities and | 5.5 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 | diversities, you must at our request use your best endeavours to provide us with | ||
Line 1061: | Line 1203: | ||
equality impact assessments and make decisions that better take account of any | equality impact assessments and make decisions that better take account of any | ||
equality and diversity needs of Clients and potential Clients. | equality and diversity needs of Clients and potential Clients. | ||
- | February 2017 | + | |
- | 266. | + | |
Logos and marketing | Logos and marketing | ||
Use of Promotional Items and other intellectual property | Use of Promotional Items and other intellectual property | ||
+ | |||
6.1 While this Contract is in force you may describe yourself as a Provider and may | 6.1 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 | use Promotional Items in accordance with our quality mark guidelines published | ||
on our website from time to time. | on our website from time to time. | ||
+ | |||
6.2 You will not: | 6.2 You will not: | ||
(a) use, market or exploit the Promotional Items for any purpose other than in | (a) use, market or exploit the Promotional Items for any purpose other than in | ||
Line 1077: | Line 1221: | ||
and/or logo that so nearly resembles one or more of our trade marks | 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. | (whether registered or not) as to be likely to cause confusion or deception. | ||
+ | |||
6.3 The benefit of the use of the Promotional Items and any additional goodwill | 6.3 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 | accrued as a result of your activities under this Contract will vest in and is hereby | ||
Line 1082: | Line 1227: | ||
we may reasonably request, including after this Contract ends, to confirm any such | we may reasonably request, including after this Contract ends, to confirm any such | ||
rights to us. | rights to us. | ||
+ | |||
6.4 If any use by you of the Promotional Items does not conform in any respect with | 6.4 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 | the use as approved by us, we may so inform you and you must cease such use | ||
immediately. | immediately. | ||
Restrictions on how you may market your services | Restrictions on how you may market your services | ||
+ | |||
6.5 | 6.5 | ||
Neither you, nor any person representing you, (either directly or indirectly) may | Neither you, nor any person representing you, (either directly or indirectly) may |