The Police Station Reps Wiki Pages

User Tools

Site Tools

Trace:
2017_standard_terms

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
Next revision 		Previous revision
Last revision Both sides next revision
2017_standard_terms [2017/05/06 13:48]
frescom 		2017_standard_terms [2017/07/27 18:45]
frescom
Line 1: Line 1:
 ====== STANDARD TERMS ====== ====== STANDARD TERMS ======
 +
 +
 +---------------------
 +
 +1. Interpretation
 +
 +1.1 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;​
 +
 +
 +----------------------
 +
 +
 +
  
 2017 Standard Crime Contract 2017 Standard Crime Contract
Line 220: Line 269:
 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 258: Line 319:
 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 291: Line 359:
 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 300: Line 367:
 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 305: Line 373:
 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 326: Line 399:
 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 348: Line 426:
 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 353: Line 432:
 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 362: Line 443:
 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 406: Line 503:
 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 416: Line 515:
 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 424: Line 525:
 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 809: Line 920:
 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 820: Line 932:
 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 855: Line 975:
 (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 1039: Line 1164:
 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 1076: Line 1216:
 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 1094: Line 1236:
 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 1107: Line 1252:
 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 1123: Line 1270:
 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 1128: Line 1276:
 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
2017_standard_terms.txt · Last modified: 2017/07/27 18:46 by frescom

Page Tools

Donate Powered by PHP Valid HTML5 Valid CSS Driven by DokuWiki