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2017_standard_terms [2017/07/25 17:05]
frescom 		2017_standard_terms [2017/07/27 11:35]
frescom
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 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
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 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,
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 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
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 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
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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;
 +
 “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
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 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
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 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
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 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
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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;
 +
 “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,
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 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
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 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
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 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;​
2017_standard_terms.txt · Last modified: 2017/07/27 18:46 by frescom

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