FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of: 14.1.1 collusion with members of the staff of the Department or employees of the Department for Education; 14.1.2 computer fraud; 14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding; 14.1.4 fraud involving Awarding Organisations; 14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law. 14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have: 14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records; 14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and 14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement. 14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion). 14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties. 14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement. 14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 4 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant), Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the Provider’s Premises (or that of any of its Sub-Contractorssub- contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 3 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant), Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 3 contracts
Sources: Funding Agreement, Education & Skills Agreement, Funding Agreement
FRAUD AND IRREGULARITY. 14.1 19.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 19.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 19.1.2 computer fraud;
14.1.3 19.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 19.1.4 fraud involving Awarding Organisations;
14.1.5 19.1.5 fraud involving Sub-ContractorsSubcontractors; provided that nothing in this Clause 14 19 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 19.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the 19.2.1 right of access to the Provider’s Premises (or that of any of its Sub-ContractorsSubcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 19.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 19.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 19.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 19.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider at its sole discretion).
14.4 19.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
19.4.1 the delivery of this Agreement; or
19.4.2 the Agreement or delivery of any other Agreement agreement between the Department and the Provider and Provider; or
19.4.3 the payments made there under, under this Agreement or any other agreement between the Department and the Provider; the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement agreement between the Parties.
14.5 19.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 19.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
Sources: Education & Skills Agreement, Accountability Agreement
FRAUD AND IRREGULARITY. 14.1 21.1 The Provider must Contractor shall notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 21.1.1 collusion with members of the staff of the Department ESFA or employees of the Department for EducationDepartment;
14.1.2 21.1.2 computer fraud;
14.1.3 21.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 21.1.4 fraud involving Awarding Organisationsawarding organisations;
14.1.5 21.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will 21 shall require the Provider Contractor to do anything, which may cause it to infringe any Lawlaw.
14.2 21.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or its agents will have:
14.2.1 shall have the right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the ProviderContractor’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this AgreementContract.
14.3 21.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 21.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract or any other Agreement contract between the Department and the Provider Contractor and payments made there under, the Department will under it shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners Apprentices under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 21.5 The Parties will shall co-operate in the identification of Learners Apprentices who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by LearnersApprentices. The Department will shall provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
Sources: Hei Adult Contract for Services, Hei Adult Contract for Services
FRAUD AND IRREGULARITY. 14.1 20.1 The Provider must Contractor shall notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 20.1.1 collusion with members of the staff of the Department ESFA or employees of the Department for EducationDepartment;
14.1.2 20.1.2 computer fraud;
14.1.3 20.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 20.1.4 fraud involving Awarding Organisations;awarding organisations; and
14.1.5 20.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will 20 shall require the Provider Contractor to do anything, which may cause it to infringe any Lawlaw.
14.2 20.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or its agents will shall have:
14.2.1 20.2.1 the right of access to the ProviderContractor’s Premises premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 20.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 20.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 20.2 will constitute a Serious Breach breach of this Agreementcontract.
14.3 20.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 20.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract or any other Agreement contract between the Department and the Provider Contractor and payments made there under, the Department will under it shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners Apprentices under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 20.5 The Parties will shall co-operate in the identification of Learners Apprentices who may be unlawfully claiming benefits. The the Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by LearnersApprentices. The Department will shall provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
Sources: Contract for Services, Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
14.4.1 the delivery of this Agreement; or
14.4.2 the Agreement or delivery of any other Agreement agreement between the Department and the Provider and Provider; or
14.4.3 the payments made there underunder this Agreement or any other agreement between the Department and the Provider, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
14.4.1 the delivery of this Agreement; or
14.4.2 the Agreement or delivery of any other Agreement agreement between the Department and the Provider and Provider; or
14.4.3 the payments made there underunder this Agreement or any other agreement between the Department and the Provider, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
Sources: Conditions of Funding (Grant) (Trusts), Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider College must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider College to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderCollege’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider College’s to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderCollege’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider College to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderCollege’s cost (or the Department will procure and recharge to the Provider College at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider College and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider College to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider College is a registered or exempt charity, the Provider College will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider College as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 15.2.1 the right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach of this AgreementContract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this AgreementContract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
Sources: Contract for Services, Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider College must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider College to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderCollege’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider College’s to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderCollege’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider College to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderCollege’s cost (or the Department will procure and recharge to the Provider College at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider College and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider College to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider College is a registered or exempt charity, the Provider College will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider College as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 2 contracts
Sources: Conditions of Funding (Grant), Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 (Fraud and Irregularity) will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the Provider’s Premises (or that of any of its Subsub-Contractorscontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Funding Agreement
FRAUD AND IRREGULARITY. 14.1 The Provider College must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider College to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the ProviderCollege’s Premises (or that of any of its Subsub-Contractorscontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the ProviderCollege’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider College to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderCollege’s cost (or the Department will procure and recharge to the Provider College at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider College and payments made there under, the Department will have the right to suspend payments and/or require the Provider College to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider College is a registered or exempt charity, the Provider College will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider College as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 15.2.1 the right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach breach of this Agreementcontract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementcontract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 : collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 ; computer fraud;
14.1.3 ; the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 ; fraud involving Awarding Organisations;
14.1.5 ; fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the Provider’s Premises (or that of any of its Subsub-Contractorscontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Funding Agreement
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 15.2.1 the right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach of this AgreementContract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this AgreementContract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.. P ART 3: CONTRACT GOVERNANCE
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 15.2.1 the right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach breach of this Agreementcontract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementcontract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 20.1. The Provider must Contractor shall notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 20.1.1. collusion with members of the staff of the Department ESFA or employees of the Department for Education;
14.1.2 20.1.2. computer fraud;
14.1.3 20.1.3. the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 20.1.4. fraud involving Awarding Organisations;awarding organisations; and
14.1.5 20.1.5. fraud involving Sub-Contractors; provided that nothing in this Clause 14 will 20 shall require the Provider Contractor to do anything, which may cause it to infringe any Lawlaw.
14.2 20.2. Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or its agents will have:
14.2.1 20.2.1. the right of access to the ProviderContractor’s Premises premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 20.2.2. the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 20.2.3. the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 20.2 will constitute a Serious Breach breach of this Agreementcontract.
14.3 20.3. Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 20.4. Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract or any other Agreement contract between the Department and the Provider Contractor and payments made there under, the Department will under it shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission20.5. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will shall co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will shall provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider Employer must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider Employer to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the ProviderEmployer’s Premises (or that of any of its Sub-Contractorssub- contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the ProviderEmployer’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider Employer to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderEmployer’s cost (or the Department will procure and recharge to the Provider Employer at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider Employer and payments made there under, the Department will have the right to suspend payments and/or require the Provider Employer to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider Employer is a registered or exempt charity, the Provider Employer will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Employer as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department Authority immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department Authority or employees of the Department Authority for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department Authority of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any LawLaw or its standing orders.
14.2 Where the Department Authority has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or Authority and /or its agents will have:
14.2.1 have the right of access to the Provider’s Premises (or that of any of its Sub-Contractorssubcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department Authority has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department Authority may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department Authority will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department Authority has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department Authority and the Provider and payments made there under, the Department Authority will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department Authority of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department Authority will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department Authority may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department Authority will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Grant Agreement
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 the 15.2.1 right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach breach of this AgreementContract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this AgreementContract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 19.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 19.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 19.1.2 computer fraud;
14.1.3 19.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 19.1.4 fraud involving Awarding Organisations;
14.1.5 19.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 19 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 19.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the 19.2.1 right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 19.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 19.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 19.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 19.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider at its sole discretion).
14.4 19.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
19.4.1 the delivery of this Agreement; or
19.4.2 the Agreement or delivery of any other Agreement agreement between the Department and the Provider and Provider; or
19.4.3 the payments made there under, under this Agreement or any other agreement between the Department and the Provider; the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement agreement between the Parties.
14.5 19.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 19.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Accountability Agreement
FRAUD AND IRREGULARITY. 14.1 18.1 The Provider College must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 18.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 18.1.2 computer fraud;
14.1.3 18.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 18.1.4 fraud involving Awarding Organisations;
14.1.5 18.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 18 will require the Provider College to do anything, which may cause it to infringe any Law.
14.2 18.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 18.2.1 the right of access to the Provider’s College Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 18.2.2 the right to require the Provider College to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 18.2.3 the right to interview the ProviderCollege’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 provision will constitute a Serious Breach breach of this Agreementagreement.
14.3 18.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider College to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderCollege’s cost (or the Department will procure and recharge to the Provider College at its sole discretion).
14.4 18.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider College and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider College to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 18.5 Where the Provider College is a registered or exempt charity, the Provider College will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 18.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider College as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Accountability Agreement
FRAUD AND IRREGULARITY. 14.1 The Provider NMSS must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 (Fraud and Irregularity) will require the Provider NMSS to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderNMSS’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider NMSS to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderNMSS’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider NMSS to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderNMSS’s cost (or the Department will procure and recharge to the Provider NMSS at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider NMSS and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider NMSS to suspend recruitment enrolment of Learners Pupils under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider NMSS is a registered or exempt charity, the Provider NMSS will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
. 14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.NOT USED
Appears in 1 contract
Sources: Non Maintained Special Schools (Nmss) Funding Agreement
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 the 15.2.1 right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach breach of this Agreementcontract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementcontract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider College must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider College to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the ProviderCollege’s Premises (or that of any of its Subsub-Contractorscontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the ProviderCollege’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider College to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderCollege’s cost (or the Department will procure and recharge to the Provider College at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider College and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider College to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider College is a registered or exempt charity, the Provider College will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider College as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Funding Agreement
FRAUD AND IRREGULARITY. 14.1 13.1 The Provider must shall notify the Department ESFA immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement relation to Loans or Loans Bursary including, but not limited to, cases of:
14.1.1 13.1.1 collusion with members of the staff of the Department SLC or employees of the Department for EducationThe ESFA;
14.1.2 13.1.2 computer fraud;
14.1.3 13.1.3 the submission to SLC or the Department ESFA of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for a Loan or funding;
14.1.4 13.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractorsawarding organisations; provided that nothing in this Clause 14 will 13 shall require the Provider to do anything, which may cause it to infringe any Lawlaw.
14.2 13.2 Where the Department ESFA has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunderLoans or Loans Bursary, the Department and/or its agents will have:
14.2.1 ESFA shall have the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) premises at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreementagents.
14.3 13.3 Where the Department ESFA has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (Loans or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will Loans Bursary it shall have the right to suspend payments and/or the Loans Facility, require the Provider to suspend recruitment of Learners under this Agreement and inform the SLC to suspend the approval of any other Agreement between further Loans for the PartiesProvision, and/or to stop making Loans payments to the Provider. The Provider must repay any funds received from the SLC and/or ESFA for Provision where fraud or irregularity is proven.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 13.4 The Parties will shall co-operate in the identification of Learners who may be unlawfully claiming benefitshave fraudulently obtained a Loan. The Department ESFA may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will ESFA shall provide a named contact or telephone answering machine for receiving such information.
13.5 For monitoring and evaluation purposes, the ESFA or its representatives, shall have the right to visit all or any site(s) and view operations relating to the Provision and to inspect relevant documents and interview learners and the Provider’s staff during these visits in order to:
i) examine, audit or take copies of any original or copy documentation, accounts, books and records of the Provider and its sub-contractors that relate to the Agreement;
ii) visit, view or assess the design, management and delivery relating to the Agreement at any premises where those operations are carried out (including those of sub-contractors) and conduct relevant interviews, including interviews with Learners, during these visits at any reasonable time;
13.6 The Provider must consider the criteria set out in the Funding Higher- risk Organisations and Subcontractors document which is published on the ESFA’s website ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/government/publications/sfa- financial-assurance-higher-risk-providers-and-subcontractors
Appears in 1 contract
Sources: Advanced Learner Loans Facility Conditions & Loans Bursary Fund Agreement
FRAUD AND IRREGULARITY. 14.1 20.1. The Provider must Contractor shall notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 20.1.1. collusion with members of the staff of the Department ESFA or employees of the Department for Education;
14.1.2 20.1.2. computer fraud;
14.1.3 20.1.3. the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 20.1.4. fraud involving Awarding Organisations;awarding organisations; and
14.1.5 20.1.5. fraud involving Sub-ContractorsSubcontractors; provided that nothing in this Clause 14 will 20 shall require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 20.2. Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or its agents will have:have:
14.2.1 the 20.2.1. right of access to the ProviderContractor’s Premises premises (or that of any of its Sub-ContractorsSubcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 20.2.2. the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 20.2.3. the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this AgreementContract.
14.3 20.3. Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the ProviderContractor’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider Contractor at its sole discretion).
14.4 20.4. Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
20.4.1. the delivery of this Contract; or
20.4.2. the Agreement or delivery of any other Agreement contract between the Department and the Provider and Contractor; or
20.4.3. the payments made there under, under this Contract or any other contract between the Department will and the Contractor; the Department shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission20.5. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will shall co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will shall provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 20.1 The Provider must Contractor shall notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 20.1.1 collusion with members of the staff of the Department ESFA or employees of the Department for EducationDepartment;
14.1.2 20.1.2 computer fraud;
14.1.3 20.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 20.1.4 fraud involving Awarding Organisations;awarding organisations; and
14.1.5 20.1.5 fraud involving Sub-ContractorsSubcontractors; provided that nothing in this Clause 14 will 20 shall require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 20.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or its agents will shall have:
14.2.1 the 20.2.1 right of access to the Provider’s Premises Contractor's premises (or that of any of its Sub-ContractorsSubcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 20.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 20.2.3 the right to interview the Provider’s Contractor's servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 20.2 will constitute a Serious Breach breach of this Agreementcontract.
14.3 20.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the Provider’s Contractor's cost (or the Department will procure such an independent accountant and recharge the costs to the Provider Contractor at its sole discretion).
14.4 20.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
20.4.1 the delivery of this Contract; or
20.4.2 the Agreement or delivery of any other Agreement contract between the Department and the Provider and Contractor; or
20.4.3 the payments made there underunder this Contract or any other contract between the Department and the Contractor, the Department will shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners Apprentices under this Agreement Contract and any other Agreement contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 20.5 The Parties will shall co-operate in the identification of Learners Apprentices who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by LearnersApprentices. The Department will shall provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or 3URYLPGreHmUise¶sV(or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or 3URYLsGerHvaUnts¶oVr agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost Provider¶V F(or the Department ▇▇▇ tVheWDepartment will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Funding Agreement
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.. P ART 3: AGREEMENT GOVERNANCE
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 20.1. The Provider must Contractor shall notify the Department ESFA immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 20.1.1. collusion with members of the staff of the Department ESFA or employees of the Department for Education;
14.1.2 20.1.2. computer fraud;
14.1.3 20.1.3. the submission to the Department ESFA of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 20.1.4. fraud involving Awarding Organisations;awarding organisations; and
14.1.5 20.1.5. fraud involving Sub-Contractors; provided that nothing in this Clause 14 will 20 shall require the Provider Contractor to do anything, which may cause it to infringe any Lawlaw.
14.2 20.2. Where the Department ESFA has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department ESFA and/or its agents will have:
14.2.1 20.2.1. the right of access to the ProviderContractor’s Premises premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 20.2.2. the right to require the Provider Contractor to provide written authority to enable the Department ESFA to obtain such documents, records and/or information directly from third parties; and
14.2.3 20.2.3. the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 20.2 will constitute a Serious Breach of this AgreementContract.
14.3 20.3. Where the Department ESFA has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department ESFA may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the ProviderContractor’s cost (or the Department ESFA will procure and recharge to the Provider Contractor at its sole discretion).
14.4 20.4. Where the Department ESFA has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract or any other Agreement contract between the Department ESFA and the Provider Contractor and payments made there under, the Department will under it shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission20.5. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will shall co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department ESFA may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will ESFA shall provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 19.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 19.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 19.1.2 computer fraud;
14.1.3 19.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 19.1.4 fraud involving Awarding Organisations;
14.1.5 19.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 19 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 19.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 19.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 19.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 19.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 19.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 19.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 19.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 19.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 19.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Accountability Agreement
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 have the right of access to the Provider’s Premises (or that of any of its Sub-Contractorssub- contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 20.1 The Provider must Contractor shall notify the Department ESFA immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 20.1.1 collusion with members of the staff of the Department ESFA or employees of the Department for EducationDepartment;
14.1.2 20.1.2 computer fraud;
14.1.3 20.1.3 the submission to the Department ESFA of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 20.1.4 fraud involving Awarding Organisations;awarding organisations; and
14.1.5 20.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will 20 shall require the Provider Contractor to do anything, which may cause it to infringe any Lawlaw.
14.2 20.2 Where the Department ESFA has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or its agents will ESFA shall have:
14.2.1 20.2.1 the right of access to the ProviderContractor’s Premises premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 20.2.2 the right to require the Provider Contractor to provide written authority to enable the Department ESFA to obtain such documents, records and/or information directly from third parties; and
14.2.3 20.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 20.2 will constitute a Serious Breach of this AgreementContract.
14.3 20.3 Where the Department ESFA has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department ESFA may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the ProviderContractor’s cost (or the Department ESFA will procure and recharge to the Provider Contractor at its sole discretion).
14.4 20.4 Where the Department ESFA has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract or any other Agreement contract between the Department ESFA and the Provider Contractor and payments made there under, the Department will under it shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners Apprentices under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 20.5 The Parties will shall co-operate in the identification of Learners Apprentices who may be unlawfully claiming benefits. The Department the ESFA may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by LearnersApprentices. The Department will ESFA shall provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.. P ART 3: AGREEMENT GOVERNANCE
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the Provider’s Premises (or that of any of its Sub-Contractorssub- contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
FRAUD AND IRREGULARITY. 14.1 20.1 The Provider must Contractor shall notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 20.1.1 collusion with members of the staff of the Department ESFA or employees of the Department for EducationDepartment;
14.1.2 20.1.2 computer fraud;
14.1.3 20.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 20.1.4 fraud involving Awarding Organisations;awarding organisations; and
14.1.5 20.1.5 fraud involving Sub-ContractorsSubcontractors; provided that nothing in this Clause 14 will 20 shall require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 20.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or its agents will have:shall have:
14.2.1 the 20.2.1 right of access to the Provider’s Premises Contractor's premises (or that of any of its Sub-ContractorsSubcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 20.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 20.2.3 the right to interview the Provider’s Contractor's servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 20.2 will constitute a Serious Breach breach of this Agreementcontract.
14.3 20.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the Provider’s Contractor's cost (or the Department will procure such an independent accountant and recharge the costs to the Provider Contractor at its sole discretion).
14.4 20.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
20.4.1 the delivery of this Contract; or
20.4.2 the Agreement or delivery of any other Agreement contract between the Department and the Provider and Contractor; or
20.4.3 the payments made there underunder this Contract or any other contract between the Department and the Contractor, the Department will shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners Apprentices under this Agreement Contract and any other Agreement contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 20.5 The Parties will shall co-operate in the identification of Learners Apprentices who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by LearnersApprentices. The Department will shall provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; , provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 the 15.2.1 a right of access to the ProviderContractor’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time time, with or without notice notice, to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach breach of this AgreementContract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
15.4.1 the delivery of this Contract; or
15.4.2 the Agreement or delivery of any other Agreement contract between the Department and the Provider and Contractor, or
15.4.3 the payments made there underunder this Contract or any other contract between the Department and the Contractor, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this AgreementContract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 21.1 The Provider must Contractor shall notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 21.1.1 collusion with members of the staff of the Department ESFA or employees of the Department for Education;
14.1.2 21.1.2 computer fraud;
14.1.3 21.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for fundingFunding;
14.1.4 21.1.4 fraud involving Awarding Organisationsawarding organisations;
14.1.5 21.1.5 fraud involving Sub-ContractorsSubcontractors; provided that nothing in this Clause 14 will 21 shall require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 21.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or its agents will have:
14.2.1 the shall have right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the ProviderContractor’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this AgreementContract.
14.3 21.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) equivalent professional to investigate at the ProviderContractor’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider Contractor at its sole discretion).
14.4 21.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
21.4.1 the delivery of this Contract; or
21.4.2 the Agreement or delivery of any other Agreement contract between the Department and the Provider and Contractor; or
21.4.3 the payments made there under, under this Contract or any other contract between the Department will and the Contractor; the Department shall have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners Apprentices under this Agreement Contract and any other Agreement contract between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 21.5 The Parties will shall co-operate in the identification of Learners Apprentices who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by LearnersApprentices. The Department will shall provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Hei Adult Contract for Services
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 15.2.1 the right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach breach of this AgreementContract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this AgreementContract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 : collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 ; computer fraud;
14.1.3 ; the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 ; fraud involving Awarding Organisations;
14.1.5 ; fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 : the right of access to the Provider’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 ; the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 and the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Funding Agreement
FRAUD AND IRREGULARITY. 14.1 The Provider Employer must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider Employer to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderEmployer’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider Employer to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderEmployer’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider Employer to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderEmployer’s cost (or the Department will procure and recharge to the Provider Employer at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider Employer and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Employer to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider Employer is a registered or exempt charity, the Provider Employer will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Employer as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider Employer must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider Employer to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the ProviderEmployer’s Premises (or that of any of its Sub-Contractorssub- contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the ProviderEmployer’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider Employer to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderEmployer’s cost (or the Department will procure and recharge to the Provider Employer at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider Employer and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Employer to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider Employer is a registered or exempt charity, the Provider Employer will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Employer as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 have the right of access to the Provider’s Premises (or that of any of its Sub-Contractorssub- contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there under, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners▇▇▇▇▇▇▇▇. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 18.1 The Provider College must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 18.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 18.1.2 computer fraud;
14.1.3 18.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 18.1.4 fraud involving Awarding Organisations;
14.1.5 18.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 18 will require the Provider College to do anything, which may cause it to infringe any Law.
14.2 18.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the 18.2.1 right of access to the Provider’s College Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 18.2.2 the right to require the Provider College to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 18.2.3 the right to interview the ProviderCollege’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 provision will constitute a Serious Breach breach of this Agreementagreement.
14.3 18.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider College to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderCollege’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider College at its sole discretion).
14.4 18.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
18.4.1 the delivery of this Agreement; or
18.4.2 the Agreement or delivery of any other Agreement agreement between the Department and the Provider and College; or
18.4.3 the payments made there underunder this Agreement or any other agreement between the Department and the College, the Department will have the right to suspend payments and/or require the Provider College to suspend recruitment of Learners under this Agreement and any other Agreement agreement between the Parties.
14.5 18.5 Where the Provider College is a registered or exempt charity, the Provider College will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 18.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider College as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Accountability Agreement
FRAUD AND IRREGULARITY. 14.1 The Provider College must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider College to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderCollege’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider College’s to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderCollege’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider College to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderCollege’s cost (or the Department will procure and recharge to the Provider College at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider College and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider College to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider College is a registered or exempt charity, the Provider College will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider College as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.. P ART 3: AGREEMENT GOVERNANCE
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 15.2.1 the right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach of this Agreement.Contract
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this AgreementContract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider NMSS must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 (Fraud and Irregularity) will require the Provider NMSS to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderNMSS’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider NMSS to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderNMSS’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider NMSS to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderNMSS’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider NMSS at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
14.4.1 the delivery of this Agreement; or
14.4.2 the Agreement or delivery of any other Agreement between the Department and the Provider and NMSS; or
14.4.3 the payments made there under, under this Agreement or any other agreement between the Department and the NMSS; the Department will have the right to suspend payments and/or require the Provider NMSS to suspend recruitment enrolment of Learners Pupils under this Agreement and any other Agreement agreement between the Parties.
14.5 Where the Provider NMSS is a registered or exempt charity, the Provider NMSS will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Non Maintained Special Schools (Nmss) Funding Agreement
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 (Fraud and Irregularity) will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 have the right of access to the Provider’s Premises (or that of any of its Subsub-Contractorscontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Funding Agreement
FRAUD AND IRREGULARITY. 14.1 The Provider Employer must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider Employer to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderEmployer’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider Employer to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderEmployer’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreementagreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider Employer to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderEmployer’s cost (or the Department will procure and recharge to the Provider Employer at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider Employer and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Employer to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider Employer is a registered or exempt charity, the Provider Employer will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementagreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Employer as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider NMSS must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 (Fraud and Irregularity) will require the Provider NMSS to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderNMSS’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider NMSS to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderNMSS’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider NMSS to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderNMSS’s cost (or the Department will procure and recharge to the Provider NMSS at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider NMSS and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider NMSS to suspend recruitment enrolment of Learners Pupils under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider NMSS is a registered or exempt charity, the Provider NMSS will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.NOT USED
Appears in 1 contract
Sources: Funding Agreement
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Subsub-Contractorscontractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 have the right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractorssub- contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right and to interview the ProviderContractor’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this AgreementContract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure and recharge to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract, or any other Agreement contract between the Department and the Provider Contractor, and payments made there under, the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement Contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Charities Commission. Failure to inform the Department will constitute a Serious Breach of this AgreementContract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 15.1 The Provider Contractor must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement Contract including, but not limited to, cases of:
14.1.1 15.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 15.1.2 computer fraud;
14.1.3 15.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 15.1.4 fraud involving Awarding Organisations;
14.1.5 15.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 15 will require the Provider Contractor to do anything, which may cause it to infringe any Law.
14.2 15.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department and/or and /or its agents will have:
14.2.1 the 15.2.1 right of access to the ProviderContractor’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 15.2.2 the right to require the Provider Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 15.2.3 the right to interview the ProviderContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this Clause 14.2 15.2 will constitute a Serious Breach breach of this Agreementcontract.
14.3 15.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement Contract and payments made hereunder, the Department may require the Provider Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderContractor’s cost (or the Department will procure such an independent accountant and recharge the costs to the Provider Contractor at its sole discretion).
14.4 15.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to to:
15.4.1 the delivery of this Contract; or
15.4.2 the Agreement or delivery of any other Agreement contract between the Department and the Provider and Contractor; or
15.4.3 the payments made there under, under this Contract or any other contract between the Department and the Contractor; the Department will have the right to suspend payments and/or require the Provider Contractor to suspend recruitment of Learners under this Agreement Contract and any other Agreement contract between the Parties.
14.5 15.5 Where the Provider Contractor is a registered or exempt charity, the Provider Contractor will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach breach of this Agreementcontract.
14.6 15.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Contractor as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Contract for Services
FRAUD AND IRREGULARITY. 14.1 The Provider Employer must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider Employer to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the ProviderEmployer’s Premises (or that of any of its Sub-Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider Employer to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the ProviderEmployer’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider Employer to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the ProviderEmployer’s cost (or the Department will procure and recharge to the Provider Employer at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider Employer and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider Employer to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider Employer is a registered or exempt charity, the Provider Employer will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider Employer as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract
Sources: Conditions of Funding (Grant)
FRAUD AND IRREGULARITY. 14.1 The Provider must notify the Department immediately where it becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of:
14.1.1 collusion with members of the staff of the Department or employees of the Department for Education;
14.1.2 computer fraud;
14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding;
14.1.4 fraud involving Awarding Organisations;
14.1.5 fraud involving Sub-Contractors; provided that nothing in this Clause 14 will require the Provider to do anything, which may cause it to infringe any Law.
14.2 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department and/or its agents will have:
14.2.1 the right of access to the Provider’s Premises (or that of any of its Sub-Sub- Contractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records;
14.2.2 the right to require the Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and
14.2.3 the right to interview the Provider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this Clause 14.2 will constitute a Serious Breach of this Agreement.
14.3 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement and payments made hereunder, the Department may require the Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the Provider’s cost (or the Department will procure and recharge to the Provider at its sole discretion).
14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to the delivery of the Agreement or any other Agreement between the Department and the Provider and payments made there underthereunder, the Department will have the right to suspend payments and/or require the Provider to suspend recruitment of Learners under this Agreement and any other Agreement between the Parties.
14.5 Where the Provider is a registered or exempt charity, the Provider will inform the Department of any schemes, orders or official warnings issued to them by the Charity Commission. Failure to inform the Department will constitute a Serious Breach of this Agreement.
14.6 The Parties will co-operate in the identification of Learners who may be unlawfully claiming benefits. The Department may from time to time brief the Provider as to the co-operation and assistance it reasonably requires including the provision of information regarding fraud by Learners. The Department will provide a named contact or telephone answering machine for receiving such information.
Appears in 1 contract