Common use of FRAUD AND IRREGULARITY Clause in Contracts

FRAUD AND IRREGULARITY. 18.1 The College must immediately notify the Department in writing where the College becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of: 18.1.1 collusion with members of staff of the Department or employees of the Department for Education; 18.1.2 computer fraud; 18.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding; 18.1.4 fraud involving Awarding Organisations; 18.1.5 fraud involving Subcontractors; 18.1.6 any reported financial irregularities, ILR Data errors and/or funding errors that have been identified either internally or externally by a third party through internal/external audit or other reviews; provided that nothing in this Clause 18 will require the College to do anything, which may cause it to infringe any Law. 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: 18.2.1 right of access to the College Premises (or that of any of its Subcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records; 18.2.2 the right to require the College to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and 18.2.3 the right to interview the College’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this provision will constitute a breach of agreement. 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 College to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the College’s cost (or the Department will procure such an independent accountant and recharge the costs to the College at its sole discretion). 18.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to: 18.4.1 the delivery of this Agreement; or 18.4.2 the delivery of any other agreement between the Department and the College; or 18.4.3 the payments made under 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 College to suspend recruitment of Learners under this Agreement and any other agreement between the Parties. 18.5 Where the College is a registered or exempt charity, the 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 breach of agreement. 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 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.

FRAUD AND IRREGULARITY. 18.1 19.1 The College Employer must immediately notify the Department in writing where the College Employer becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of: 18.1.1 19.1.1 collusion with members of staff of the Department or employees of the Department for Education; 18.1.2 19.1.2 computer fraud; 18.1.3 19.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding; 18.1.4 19.1.4 fraud involving Awarding Organisations; 18.1.5 19.1.5 fraud involving Subcontractors; 18.1.6 19.1.6 any reported financial irregularities, ILR Data data errors and/or funding errors that have been identified either internally or externally by a third party through internal/external audit or other reviews; provided that nothing in this Clause 18 19 will require the College Employer to do anything, which may cause it to infringe any Law. 18.2 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: 18.2.1 19.2.1 right of access to the College Employer’s Premises (or that of any of its Subcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records; 18.2.2 19.2.2 the right to require the College Employer to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and 18.2.3 19.2.3 the right to interview the CollegeEmployer’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this provision Clause 19.2 will constitute a breach of agreement. 18.3 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 College Employer to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the CollegeEmployer’s cost (or the Department will procure such an independent accountant and recharge the costs to the College Employer at its sole discretion). 18.4 19.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to: 18.4.1 19.4.1 the delivery of this Agreement; or 18.4.2 19.4.2 the delivery of any other agreement between the Department and the CollegeEmployer; or 18.4.3 19.4.3 the payments made under this Agreement or any other agreement between the Department and the College, Employer; the Department will have the right to suspend payments and/or require the College Employer to suspend recruitment of Learners under this Agreement and any other agreement between the Parties. 18.5 19.5 Where the College Employer is a registered or exempt charity, the College 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 breach of agreement. 18.6 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 College 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.

FRAUD AND IRREGULARITY. 18.1 19.1 The College Provider must immediately notify the Department in writing immediately where the College 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: 18.1.1 19.1.1 collusion with members of staff of the Department or employees of the Department for Education; 18.1.2 19.1.2 computer fraud; 18.1.3 19.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding; 18.1.4 19.1.4 fraud involving Awarding Organisations; 18.1.5 19.1.5 fraud involving Subcontractors; 18.1.6 any reported financial irregularities, ILR Data errors and/or funding errors that have been identified either internally or externally by a third party through internal/external audit or other reviews; provided that nothing in this Clause 18 will require the College to do anything, which may cause it to infringe any Law. 18.2 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:have:‌ 18.2.1 19.2.1 right of access to the College Provider’s Premises (or that of any of its Subcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records; 18.2.2 19.2.2 the right to require the College Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and 18.2.3 19.2.3 the right to interview the CollegeProvider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this provision will constitute a breach of agreement. 18.3 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 College Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the College’s cost (or the Department will procure such an independent accountant and recharge the costs to the College at its sole discretion).other 18.4 19.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to: 18.4.1 19.4.1 the delivery of this Agreement; or 18.4.2 19.4.2 the delivery of any other agreement between the Department and the CollegeProvider; or 18.4.3 19.4.3 the payments made under this Agreement or any other agreement between the Department and the CollegeProvider, the Department will have the right to suspend payments and/or require the College Provider to suspend recruitment of Learners under this Agreement and any other agreement between the Parties. 18.5 19.5 Where the College Provider is a registered or exempt charity, the College 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 breach of agreement. 18.6 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 College 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. PART 3: AGREEMENT GOVERNANCE

FRAUD AND IRREGULARITY. 18.1 19.1 The College Provider must immediately notify the Department in writing where the College Provider becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of: 18.1.1 19.1.1 collusion with members of staff of the Department or employees of the Department for Education; 18.1.2 19.1.2 computer fraud; 18.1.3 19.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding; 18.1.4 19.1.4 fraud involving Awarding Organisations; 18.1.5 19.1.5 fraud involving Subcontractors; 18.1.6 19.1.6 any reported financial irregularities, ILR Data errors and/or funding errors that have been identified either internally or externally by a third party through internal/external audit or other reviews; provided that nothing in this Clause 18 19 will require the College Provider to do anything, which may cause it to infringe any Law. 18.2 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: 18.2.1 19.2.1 right of access to the College Provider’s Premises (or that of any of its Subcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records; 18.2.2 19.2.2 the right to require the College Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and 18.2.3 19.2.3 the right to interview the CollegeProvider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this provision Clause 19.2 will constitute a breach of agreement. 18.3 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 College Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the CollegeProvider’s cost (or the Department will procure such an independent accountant and recharge the costs to the College Provider at its sole discretion). 18.4 19.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to: 18.4.1 19.4.1 the delivery of this Agreement; or 18.4.2 19.4.2 the delivery of any other agreement between the Department and the CollegeProvider; or 18.4.3 19.4.3 the payments made under this Agreement or any other agreement between the Department and the College, Provider; the Department will have the right to suspend payments and/or require the College Provider to suspend recruitment of Learners under this Agreement and any other agreement between the Parties. 18.5 19.5 Where the College Provider is a registered or exempt charity, the College 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 breach of agreement. 18.6 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 College 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.

FRAUD AND IRREGULARITY. 18.1 19.1 The College Provider must immediately notify the Department in writing where the College provider becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of: 18.1.1 19.1.1 collusion with members of staff of the Department or employees of the Department for Education; 18.1.2 19.1.2 computer fraud; 18.1.3 19.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding; 18.1.4 19.1.4 fraud involving Awarding Organisations; 18.1.5 19.1.5 fraud involving Subcontractors; 18.1.6 19.1.6 any reported financial irregularities, ILR Data data errors and/or funding errors that have been identified either internally or externally by a third party through internal/external audit or other reviews; provided that nothing in this Clause 18 19 will require the College Provider to do anything, which may cause it to infringe any Law. 18.2 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: 18.2.1 19.2.1 right of access to the College Provider’s Premises (or that of any of its Subcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records; 18.2.2 19.2.2 the right to require the College Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and 18.2.3 19.2.3 the right to interview the CollegeProvider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this provision Clause 19.2 will constitute a breach of agreement. 18.3 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 College Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the CollegeProvider’s cost (or the Department will procure such an independent accountant and recharge the costs to the College Provider at its sole discretion). 18.4 19.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to: 18.4.1 19.4.1 the delivery of this Agreement; or 18.4.2 19.4.2 the delivery of any other agreement between the Department and the CollegeProvider; or 18.4.3 19.4.3 the payments made under this Agreement or any other agreement between the Department and the CollegeProvider, the Department will have the right to suspend payments and/or require the College Provider to suspend recruitment of Learners under this Agreement and any other agreement between the Parties. 18.5 19.5 Where the College Provider is a registered or exempt charity, the College 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 breach of agreement. 18.6 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 College 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.

FRAUD AND IRREGULARITY. 18.1 14.1 The College Contractor must immediately notify the Department in writing where the College Contractor 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: 18.1.1 14.1.1 collusion with members of staff of the Department or employees of the Department for Education; 18.1.2 14.1.2 computer fraud; 18.1.3 14.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding; 18.1.4 14.1.4 fraud involving Awarding Organisations; 18.1.5 14.1.5 fraud involving Subcontractors; 18.1.6 14.1.6 any reported financial irregularities, ILR Data errors and/or funding errors that have been identified either internally or externally by a third party through internal/external audit or other reviews; provided that nothing in this Clause 18 14 will require the College Contractor to do anything, which may cause it to infringe any Law. 18.2 14.2 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: 18.2.1 14.2.1 right of access to the College Contractor’s Premises (or that of any of its Subcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records; 18.2.2 14.2.2 the right to require the College Contractor to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and 18.2.3 14.2.3 the right to interview the CollegeContractor’s servants or agents engaged with the delivery of the AgreementContract. Failure to comply with this provision Clause 14.2 will constitute a breach of agreementcontract. 18.3 14.3 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 College Contractor to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the CollegeContractor’s cost (or the Department will procure such an independent accountant and recharge the costs to the College Contractor at its sole discretion). 18.4 14.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to: 18.4.1 14.4.1 the delivery of this AgreementContract; or 18.4.2 14.4.2 the delivery of any other agreement contract between the Department and the CollegeContractor; or 18.4.3 14.4.3 the payments made under this Agreement Contract or any other agreement contract between the Department and the College, Contractor; the Department will have the right to suspend payments and/or require the College Contractor to suspend recruitment of Learners under this Agreement Contract and any other agreement contract between the Parties. 18.5 14.5 Where the College Contractor is a registered or exempt charity, the College 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 breach of agreementcontract. 18.6 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 College 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.

FRAUD AND IRREGULARITY. 18.1 19.1 The College Provider must immediately notify the Department in writing where the College Provider becomes aware of any instance of suspected fraud or financial irregularity in the delivery of the Agreement including, but not limited to, cases of: 18.1.1 19.1.1 collusion with members of staff of the Department or employees of the Department for Education; 18.1.2 19.1.2 computer fraud; 18.1.3 19.1.3 the submission to the Department of inaccurate, incomplete, misleading or falsified information for the purpose of a claim for funding; 18.1.4 19.1.4 fraud involving Awarding Organisations; 18.1.5 19.1.5 fraud involving Subcontractors; 18.1.6 19.1.6 any reported financial irregularities, ILR Data data errors and/or funding errors that have been identified either internally or externally by a third party through internal/external audit or other reviews; provided that nothing in this Clause 18 19 will require the College Provider to do anything, which may cause it to infringe any Law. 18.2 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: 18.2.1 19.2.1 right of access to the College Provider’s Premises (or that of any of its Subcontractors) at any reasonable time with or without notice to examine and remove or copy all relevant documents and records including electronic records; 18.2.2 19.2.2 the right to require the College Provider to provide written authority to enable the Department to obtain such documents, records and/or information directly from third parties; and 18.2.3 19.2.3 the right to interview the CollegeProvider’s servants or agents engaged with the delivery of the Agreement. Failure to comply with this provision Clause 19.2 will constitute a breach of agreement. 18.3 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 College Provider to procure the services of an independent accountant (or other equivalent/appropriate professional) to investigate at the CollegeProvider’s cost (or the Department will procure such an independent accountant and recharge the costs to the College Provider at its sole discretion). 18.4 19.4 Where the Department has reasonable cause to suspect that fraud or irregularity has occurred in relation to: 18.4.1 19.4.1 the delivery of this Agreement; or 18.4.2 19.4.2 the delivery of any other agreement between the Department and the CollegeProvider; or 18.4.3 19.4.3 the payments made under this Agreement or any other agreement between the Department and the College, Provider; the Department will have the right to suspend payments and/or require the College Provider to suspend recruitment of Learners under this Agreement and any other agreement between the Parties. 18.5 19.5 Where the College Provider is a registered or exempt charity, the College 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 breach of agreement. 18.6 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 College 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.