Common use of Auditor Clause in Contracts

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-code-of- practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractors) of the Services; (b) to verify the Provider’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and 23 (Freedom of Information and Confidentiality)and any other Law applicable to the Services; (e) to carry out the audit and certification of the Department’s accounts; (f) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-audit- code-of- of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-sub- contractors) of the Services; (b) to verify the Provider’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and 23 (Freedom of Information and Confidentiality)and Confidentiality) and any other Law applicable to the Services; (e) to carry out the audit and certification of the Department’s accounts; (f) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services. 28.2.3 Subject to the Department’s obligations of confidentiality, the Provider and/or a Provider Related Party must on demand provide the Department (and/or its agents or representatives) with all reasonable co-operation and assistance in relation to each audit, including:- (a) all information requested by the Department within the permitted scope of the audit; (b) reasonable access to any premises and any equipment used (whether exclusively or non-exclusively) in the performance of the Services; (c) access to the Provider's and/or a Provider Related Party's systems; and (d) access to Provider Personnel. 28.2.4 The Provider will implement all measurement and monitoring tools and procedures necessary to measure and report on the Provider's (including for the avoidance of doubt a Provider Related Party's) performance of the Services. 28.2.5 The Department will endeavour to (but is not obliged to) provide at least ten (10) Working Days' notice of its intention to conduct an audit. The Department may carry out audit visits with or without prior notice at its discretion. 28.2.6 The Parties agree that they will bear their own respective costs and expenses incurred in respect of compliance with their obligations under this clause, unless the audit identifies a material breach or malpractice by the Provider and/or a Provider Related Party in which case the Provider will reimburse the Department for all the Department’s reasonable costs incurred in the course of the audit. 28.2.7 If the findings of an audit conducted pursuant to this Clause 28 results in the requirement for ILR data to be corrected and re-submitted the Provider must re-submit the data to the Department, as set out in Clause 21 (Submission of Learner Data), within two months. Failure to do so will be a Minor Breach of this Agreement. 28.2.8 If the Department identifies that:- (a) the Provider has failed to perform its obligations under this Agreement in any material manner, without prejudice to any other remedy that the Department has, the Parties will agree and implement a remedial plan. If the Provider's failure relates to a failure to provide any information to the Department about the Funding, proposed Funding or the Provider's costs, then the remedial plan will include a requirement for the provision of all such information; (b) there has been any under or over payment it will be dealt with in accordance with Clause 26.1 (Funding and Payment). 28.2.9 The Provider must permit records referred to in this Clause 28 to be examined and copied from time to time by the Department’s auditor and inspectors and their representatives and other representatives of the Department.

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-code-of- practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractors) of the Services; (b) to verify the Provider’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and 23 (Freedom of Information and Confidentiality)and Confidentiality); (e) and any other Law applicable to the Services; (ef) to carry out the audit and certification of the Department’s accounts; (fg) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (gh) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and standards; and (i) any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-audit- code-of- of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractors) of the Services; (b) to verify the Provider’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and 23 (Freedom of Information and Confidentiality)and Confidentiality) and any other Law applicable to the Services; (e) to carry out the audit and certification of the Department’s accounts; (f) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding Agreementsagreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-audit- code-of- of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider Employer has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractors) of the Services; (b) to verify the ProviderEmployer’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the ProviderEmployer's and/or a Provider Employer Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and 23 (Freedom of Information and Confidentiality)and Confidentiality); (e) and any other Law applicable to the Services; (ef) to carry out the audit and certification of the Department’s accounts; (fg) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (gh) to ensure that the Provider Employer and/or a Provider an Employer Related Party is complying with the Department Policies and any British or equivalent European standards and standards; and (i) any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Employer or delay the provision of the Services.

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-codecode- of-of- practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractors) of the Services; (b) to verify the Provider’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and 23 (Freedom of Information and Confidentiality)and Confidentiality); (e) and any other Law applicable to the Services; (ef) to carry out the audit and certification of the Department’s accounts; (fg) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (gh) to ensure that the Provider and/or and / or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and standards; and (i) any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-audit- code-of- of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-sub- contractors) of the Services; (b) to verify the Provider’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the Provider's and/or a Provider Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and 23 (Freedom of Information and Confidentiality)and Confidentiality) and any other Law applicable to the Services; (e) to carry out the audit and certification of the Department’s accounts; (f) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (g) to ensure that the Provider and/or a Provider Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, ; such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider or delay the provision of the Services.

Auditor. Employer will make the aforementioned records available for inspection by the Department upon reasonable notice, and will present a report of them to the Department as and when requested. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-audit- code-of- of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider Employer has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractors) of the Services; (b) to verify the ProviderEmployer’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the ProviderEmployer's and/or a Provider Employer Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and 23 (Freedom of Information and Confidentiality)and Confidentiality) and any other Law applicable to the Services; (e) to carry out the audit and certification of the Department’s accounts; (f) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (g) to ensure that the Provider Employer and/or a Provider an Employer Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider Employer or delay the provision of the Services.

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-code-of- practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider NMSS has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractors) of the Services; (b) to verify the ProviderNMSS’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the ProviderNMSS's and/or a Provider NMSS Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) and Clause 23 (Freedom of Information and Confidentiality)and any other Law applicable to the Services; (e) to carry out the audit and certification of the Department’s accounts; (f) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (g) to ensure that the Provider NMSS and/or a Provider NMSS Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider NMSS or delay the provision of the Services.

Auditor. 28.2.1 8.2.1 The Department (in accordance with ▇▇▇▇▇://College financial handbook - Guidance - ▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-code-of- practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct (whether itself or by its agents, consultants or advisers) audits for the following purposes:- (a) to establish that the Provider College has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractorsSubcontractors) of the Services; (b) to verify the ProviderCollege’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the ProviderCollege's and/or a Provider College Related Party's (compliance with the DPA 2018, the FOIA and EIR in accordance with Clauses 19 22 (Department Data) and 23 25 (Freedom of Information and Confidentiality)and Confidentiality) and any other Law applicable to the Services; (e) to carry out the audit and certification of the Department’s accounts; (f) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (g) to ensure that the Provider College and/or a Provider College Related Party is complying with the Department Policies and any British or equivalent European standards and any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 8.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider College or delay the provision of the Services.

Auditor. 28.2.1 The Department (in accordance with ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/post-16-audit-audit- code-of- of-practice), the European Commission, the European Court of Auditors and/or a Crown Body may at any time conduct audits for the following purposes:- (a) to establish that the Provider College has used the Funding (and proposed or actual variations to the Funding in accordance with this Agreement) in the delivery of the Services and/or the costs of all suppliers (including sub-contractors) of the Services; (b) to verify the ProviderCollege’s claims for Funding; (c) to review the integrity, confidentiality and security of the Department Data as well as the Department’s access to the Department Data; (d) to review the ProviderCollege's and/or a Provider College Related Party's (compliance with the DPA 2018, the FOIA in accordance with Clauses 19 (Department Data) Data and 23 (Freedom of Information and Confidentiality)and Confidentiality); (e) and any other Law applicable to the Services; (ef) to carry out the audit and certification of the Department’s accounts; (fg) to verify the accuracy and completeness of any management information delivered or required by this Agreement; (gh) to ensure that the Provider College and/or a Provider College Related Party is complying with the Department Policies and any British or equivalent European standards and standards; and (i) any other audit that may be required by any Relevant Authority, such audits may be based on current or preceding years or preceding Agreements. 28.2.2 The Department will use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Provider College or delay the provision of the Services.