clause, change model services contract front end · contract in line with the prompt payment...
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LIST OF CHANGES
England and Wales Version
Model Services Contract v 1.07 and Schedules v.1.09 From previous version 1.06A and Schedules v.1.08A
Key thematic updates:
Removing Antiquated terminology
New Assurance Process to Security Management Schedule to supplement Accreditation Process
Transparency KPIs inserted
New environmental requirements inserted
Incorporation of TUPE data form
Incorporation of Ethical Wall requirement on exit with template agreement
The deed of guarantee has been updated
Updating pensions provisions to reflect the requirements of the HM Treasury guidance: Fair Deal for staff pensions
General guidance on the terms may be obtained by contacting the Model Services Contract team at: [email protected] Note: corrections of typos and minor errors not listed.
CLAUSE, DEFINITION OR PARAGRAPH
CHANGE
MODEL SERVICES CONTRACT FRONT END
Clause 1 (Definitions and Interpretation)
Clause 1.2(e) is amended as follows:
(e) any reference in this Agreement which immediately before Exit Day iswas a reference to (as it has effect from time to time):
(i) any EU regulation, EU decision, EU tertiary legislation
or provision of the EEA agreement (“EU References”)
which is to form part of domestic law by application of
section 3 of the European Union (Withdrawal) Act 2018
and which shall be read on and after Exit Day as a
reference to the EU References as they form part of
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domestic law by virtue of section 3 of the European Union
(Withdrawal) Act 2018 as modified by domestic law from
time to time; and
(ii) any EU institution or EU authority or other such EU
body shall be read on and after Exit Day as a reference to
the UK institution, authority or body to which its functions
were transferred;
Clause 3 (Warranties)
Clause 3.2(e) is amended as follows:
(e) there are noit has notified the Authority in writing of
any actions, suits or proceedings or regulatory
investigations before any court or administrative body or
arbitration tribunal pending or, to its knowledge, any
threatened against it or any of its Affiliates that might affect
its ability to perform its obligations under this Agreement;
Clause 5 (Services) Clause 5.5(m) is amended as follows:
(m) ensure that neither it, nor any of its Affiliates,
embarrasses the Authority or otherwise brings the
Authority into disrepute by engaging in any act or omission
in relation to this Agreement which is reasonably likely to
diminish the trust that the public places in the Authority,
regardless of whether or not such act or omission is
related to the Supplier’s obligations under this Agreement;
and
Clause 14 (Supplier Personnel)
Clause 14.5(b) is amended as follows:
(b) the person concerned resigns, retires or dies or is on
maternity leave, paternity leave or shared parental leave
or long-term sick leave;
Clause 15 (Supply Chain Rights and Protections)
New sub-clauses are inserted to bring the Model Service Contract in line with the prompt payment Procurement Policy Note 04/19 (Taking account of a supplier’s approach to payment in the procurement of major contracts).
New clauses 15.16 – 15.20 (and subsequent clause renumber)
15.16 Without prejudice to clause 15.15(a), the Supplier
shall:
(a) pay any sums which are due from it to any Sub-
contractor or Unconnected Sub-contractor pursuant to any
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invoice (or other notice of an amount for payment) on the
earlier of:
(i) the date set out for payment in the relevant Sub-
contract or Unconnected Sub-contract; or
(ii) the date that falls 60 days after the day on which
the Supplier receives an invoice (or otherwise has notice
of an amount for payment); and
(b) include within the Balanced Scorecard Report
produced by it pursuant to Schedule 2.2 (Performance
Levels) a summary of its compliance with Clause 15.16(a),
such data to be certified every six months by a director of
the Supplier as being accurate and not misleading.
15.17 If any Balanced Scorecard Report shows that in
either of the last two six month periods the Supplier failed
to pay 95% or above of all Sub-contractor or Unconnected
Sub-contractor invoices (or other notice of an amount for
payment) within 60 days of receipt, the Supplier shall
upload to the Virtual Library within [15] Working Days of
submission of the latest Balanced Scorecard Report an
action plan (the “Action Plan”) for improvement. The Action
Plan shall include, but not be limited to, the following:
(a) identification of the primary causes of failure to pay
95% or above of all Sub-contractor or Unconnected Sub-
contractor invoices (or other notice of an amount for
payment) within 60 days of receipt;
(b) actions to address each of the causes set out in
sub-paragraph (a); and
(c) mechanism for and commitment to regular reporting
on progress to the Supplier’s Board.
15.18 The Action Plan shall be certificated by a director of
the Supplier and the Action Plan or a summary of the
Action Plan published on the Supplier’s website within [10]
Working Days of the date on which the Action Plan is
uploaded to the Virtual Library.
15.19 Where the Supplier fails to pay any sums due to
any Sub-contractor or Unconnected Sub-contractor in
accordance with the terms set out in the relevant Sub-
contract or Unconnected Sub-contract, the Action Plan
shall include details of the steps the Supplier will take to
address this.
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15.20 The Supplier shall comply with the Action Plan or
any similar action plan connected to the payment of Sub-
contractors or Unconnected Sub-contractors which is
required to be submitted to the Authority as part of the
procurement process and such action plan shall be
included as part of the Supplier’s Solution (to the extent it
is not already included).
Clause 15.21 (formerly Clause 15.16) is amended as
follows:
Notwithstanding any provision of
Clauses 21 (Confidentiality) and 24 (Publicity and
Branding), if the Supplier notifies the Authority (whether in
a Balanced Scorecard Report or otherwise) that the
Supplier has failed to pay a Sub-contractor’s undisputed
invoice within 30 days of receipt or that it has failed to pay
95% or above of its Sub-Contractors or Unconnected Sub-
contractors within 60 days after the day on which the
Supplier receives an invoice or otherwise has notice of an
amount for payment, or the Authority otherwise discovers
the same, the Authority shall be entitled to publish the
details of the late or non-payment (including on
government websites and in the press).
See also new definitions of “Unconnected Sub-contract” and “Unconnected Sub-contractor” below.
Clause 17 (Transfer and Licences Granted by the Supplier)
At Clause 17.4(b) the reference to “Clause 17.8(b)” is amended to “Clause 17.8”.
At Clause 17.5 the second reference to “Clause 17.4(a)(ii)” is amended to Clause “17.7(a)(ii)”.
Clause 22 (Transparency and Freedom of Information)
The transparency provisions are amended to allow the Authority to publish certain KPIs which are not Commercially Sensitive Information.
At Clause 22.1, a new sub-clause 22.1(c) is inserted as follows:
(c) the Publishable Performance Information
See also new definition of “Publishable Performance Information” and amendments to schedule 2.2 below.
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Clause 25 (Limitations on Liability)
At Clause 25.1(a) the word “Sub-contractors” is amended to “sub-contractors”.
At Clause 25.4 the words “and 25.8” is deleted.
Clause 27 (Rectification Plan Process)
At Clause 27.1(a) the words “and/or” are added at the end of the sub-clause.
Clause 27.9 is amended as follows:
27.9 If the Authority consents to the Rectification Plan:
(a) the Supplier shall immediately start work on the actions set out in the Rectification Plan; and
(b) the Authority may no longer terminate this Agreement in whole or in part on the grounds of the relevant Notifiable Event.Default;
save in the event of a Rectification Plan Failure or other Supplier Termination Event.
Clause 32 (Force Majeure)
Clause 32.3 is amended as follows:
If the Supplier is the Affected Party, it shall not be entitled
to claim relief under this Clause 32 to the extent that
consequences of the relevant Force Majeure Event:
(c) are capable of being mitigated by any of the
Services including the Service Continuity Services,
but the Supplier has failed to do so; and/or
(d) should have been foreseen and prevented or
avoided by a prudent provider of services similar to
the Services, operating to the standards required
by this Agreement.; or
(e) are the result of the Supplier’s failure to comply
with its Service Continuity Plan (except to the
extent that such failure is also due to a Force
Majeure Event that affects the execution of the
Service Continuity Plan).
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Clause 43 (Third Party Rights)
At Clause 43.1 the words “or identified” are inserted between “named” and “in”.
Execution block The execution block is amended so that the parties sign by an agreement rather than a deed.
DEFINITIONS (Schedule 1)
“Accounting
Reference Date”
The definition is amended as follows:
means in each year the datesdate to which the Supplier prepares its annual audited financial statements;
“Force Majeure
Event” The definition is amended as follows:
any event outside the reasonable control of either Party affecting its performance of its obligations under this Agreement arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control and which are not attributable to any wilful act, neglect or failure to take reasonable preventative action by that Party, including acts of God, riots, war or armed conflict, acts of terrorism, acts of government, local government or regulatory bodies, fire, flood, storm or earthquake, or other natural disaster but excluding any industrial dispute relating to the Supplier or the Supplier Personnel or any other failure in the Supplier’s or a Sub-contractor’s supply chain;
“NCSC” A new definition for NCSC is added so that NCSC means “the National Cyber Security Centre or any replacement or successor body carrying out the same function”.
“Public Sector
Dependent
Supplier”
The definition is amended as follows:
means a supplier where that Suppliersupplier, or that Supplier’ssupplier’s Group has Annual Revenue of £50 million or more of which over 50% is generated from UK Public Sector Business;
“Publishable
Performance
Information”
A new definition is added as follows:
“Publishable Performance Information” means any of the information in the Performance Monitoring Report as it relates to a Performance Indicator where it is expressed
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as publishable in the table in Annex 1 which shall not constitute Commercially Sensitive Information;
“Relevant Authority”
The definition is amended as follows:
“Relevant Authority” or “Relevant Authorities” means the Authority and the Cabinet Office Markets and Suppliers Team or, where the Supplier is a Strategic Supplier, the Cabinet Office Markets and Suppliers Team;
“Social Value” A new definition of Social Value is added.
“Social Value” means the social, economic or
environmental benefits set out in the Authority’s
Requirements;
See also the amended to Schedule 2.2, Part B, paragraph
1.3.
“Supplier
Termination Event”
A sub-paragraph (h) the words “and 10.11” are deleted.
A new sub-paragraph (r) is inserted as follows:
(r) in relation to Schedule 2.4 (Security Requirements): a. the Authority has issued two rejection notices in
respect of the Risk Management Document Set under [Paragraph 4.5.2 (Part A)/ Paragraph 6.8.2 (Part B)];
b. the Supplier fails to implement a change required by the Required Changes Register in accordance with the timescales set out in the Required Changes Register;
c. Supplier COTS Software and Third Party COTS Software is not within mainstream support unless the Authority has agreed in writing.
d. the Supplier fails to patch vulnerabilities in accordance with the Security Requirements; and/or,
e. the Supplier fails to comply with the Incident Management Process.
“Unconnected Sub-
contract”
A new definition is inserted as follows:
“Unconnected Sub-contract” means any contract or
agreement which is not a Sub-contract and is between the
Supplier and a third party (which is not an Affiliate of the
Supplier) and is a qualifying contract under regulation 6 of
The Reporting on Payment Practices and Performance
Regulations 2017
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“Unconnected Sub-
contractor”
A new definition is inserted as follows:
“Unconnected Sub-contractor” means any third party
with whom the Supplier enters into an Unconnected Sub-
contract
SCHEDULES
Schedule 2.2 (Performance Levels)
Part B, paragraph 1.1(b) is amended is follows:
(b) a report created by the Supplier to the Authority’s senior responsible officer which summarises the Supplier’s performance over the relevant Service Period as more particularly described in Paragraph 1.3 (the “Balanced Scorecard Report”).
Part B, paragraph 1.3 is amended as follows:
1.3 The Balanced Scorecard Report shall be presented in
the form of aan online accessible dashboard and, as a
minimum, shall contain a high level summary of the
Supplier’s performance over the relevant Service Period,
including details of the following:
(a) financial indicators;
(b) the Target Performance Levels achieved;
(c) behavioural indicators;
(d) performance against its obligation to pay its
Sub-contractors within 30 days of receipt of
an undisputed invoice;
(e) performance against its obligation to pay its
Unconnected Sub-contractors within 60 days
of receipt of an invoice;
(e)(f) Milestone trend chart, showing performance
of the overall programme; and
(f)(g) sustainability and energy efficiency
indicators, for example energy consumption
and recycling performance.; and
(g)(h) Social Value (as applicable).
See also new definition of “Social Value” above.
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Schedule 2.2 (Performance Levels)
Part B, paragraph 2.3 is amended as follows:
The Supplier shall ensure that the Performance Monitoring
Report, the Balanced Scorecard Report (as well historic
Performance Monitoring Reports and historic Balance
Scorecard Reports) and any variations or amendments
thereto, any reports and summaries produced in
accordance with this Schedule and any other document or
record reasonably required by the Authority are available
to the Authority on-line and are capable of being printed.
In Annex 1 a new Column is added for each KPI:
Publishable Performance Information
[Guidance: the Authority must select at least three KPI/PIs which shall be publishable]
[YES/NO]
See also new definition of “Publishable Performance
Information” above.
Paragraph 7 of Annex 1, Part II, is amended as follows:
The Virtual Library shall be complete where all of the
information required to be uploaded at the time of
measurement under Schedule 8.4 (Reports and Records
Provisions) Annex 3 (Virtual Library),) has been properly
uploaded to the Virtual Library in accordance with
Paragraph 3 of that Schedule at the time of measurement.
Schedule 2.3 (Standards)
The standards at paragraphs 5, 6(a), 7.1, 9.1 are updated.
New environmental requirements are added to bring the
Model Services Contract in line with the HM Government’s
Greening Commitments, Environmental Plan and
commitment to eliminate the use of consumer single use
plastics.
Paragraph 8 deleted and replaced with:
8. ENVIRONMENTAL REQUIREMENTS
The Supplier shall comply with the environmental
requirements set out in the Annex to this Schedule.
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New environmental requirements are annexed to
Schedule 2.3.
Schedule 2.4 (Security Management)
The drafting notes are refreshed. Schedule 2.4 is split into
two alternative versions. The Assurance version (Part A)
requires less Authority involvement in the review of the
Supplier’s security system. Whereas, the Accreditation
version (Part B) requires the Authority to directly assess
the security of the systems used to Process Authority
Data.
New Schedule 2.4, Part A (Security Assurance) is
inserted.
Existing Security Accreditation is moved to Part B and is
substantially amended.
Schedule 5 (Software)
Paragraph 1.2 is amended as follows:
The Parties agree that they will update this Schedule
regularly, and in any event no less than every 6 (six)
Months from the Effective Date, to record any Supplier
Software or Third Party Software subsequently licensed by
the Supplier or third parties for the purposes of the delivery
of the Services.
The definition of “Confidential Information” in Annex 2
(Form of Confidentiality Undertaking) is amended to delete
the following paragraph:
the Sub-licensee obtained on a non-confidential basis from
a third party who is not, to the Sub-licensee’s knowledge
or belief, bound by a confidentiality agreement with the
Supplier or otherwise prohibited from disclosing the
information to the Sub-licensee;
Schedule 7.1 (Charges and Invoicing)
Definitions of “Man Day” and “Man Hour” are changed to
“Work Day” and “Work Hour” respectively to ensure
gender neutral drafting is used. The corresponding
references to Man Day in the definitions of “Costs” and
“Incurred Costs” are amended to Work Day.
At paragraph 5 of Part C, square brackets are placed
around “Consumer Price Index”. The reason for this
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change is that Authorities may want to consider the use of
other indexes or a number of different indexes.
Paragraph 1.1(a) of Part E is amended as follows:
1.1 If the Supplier proposes to submit for payment an invoice that does not comply with the European Standard the Supplier shall comply with the requirements of the Authority’s e-invoicing system. In the alternativestandard the Supplier shall:
(a) comply with the requirements of the Authority’s e-
invoicing system
Paragraph 1.2 of Part E is amended as follows:
The Supplier shall ensure that each invoice is submitted in the correct format for the Authority’s e-invoicing system, or that it contains the following information:
Schedule 7.5 (Financial Reports and Audit Rights)
Paragraph 3.3 of Part A is amended as follows:
The Programme Board shall meet within 14 Working Days
of the final Onerous Contract Report being agreed by the
Parties to discuss the contents of the report; and the
Parties shall procure the attendance at the meeting of any
key participants where reasonably required (including the
Cabinet Office Markets and Suppliers team where the
Supplier is a RelevantStrategic Supplier; representatives
from any Key Sub-contractors/Monitored Suppliers; and
the project’s senior responsible officers (or equivalent) for
each Party).
Schedule 8.4 (Reports and Records Provisions)
Paragraph 3.1(a) is amended as follows:
(a) in accordance with the requirements of The National
Archivesthe Records Management Code issued under
Section 46 of the FOIA and Good Industry Practice;
Schedule 8.5 (Exit Management)
A draft ethical wall agreement is inserted into Schedule
8.5. If the Authority has any concerns that the Supplier will
be conflicted or have an unfair advantage when bidding for
a re-tender of the Services, the Authority can require the
Supplier to enter into a form of the ethical wall agreement
New definition of “Ethical Wall Agreement” is inserted as
follows:
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“Ethical Wall Agreement” means an ethical wall
agreement in a form similar to the draft ethical wall
agreement set out at Annex 2;
A new paragraph 4 has been inserted as follows with the
subsequent paragraphs renumbered and cross references
changed:
4. OBLIGATION TO ENTER INTO AN ETHICAL WALL
AGREEMENT ON RE-TENDERING OF SERVICES
4.1 The Authority may require the Supplier to enter into the
Ethical Wall Agreement at any point during a re-tendering
or contemplated re-tendering of the Services or any part of
the Services.
4.2 If required to enter into the Ethical Wall Agreement, the
Supplier will return a signed copy of the Ethical Wall
Agreement within 10 Working Days of receipt. The
Supplier’s costs of entering into the Ethical Wall
Agreement will be borne solely by the Supplier.
Paragraph 6.7 (old paragraph 5.7) is amended as follows:
AtUpon termination or expiry (as the case may be) or at
the end of the Termination Assistance Period (or earlier if
this does not adversely affect the Supplier's performance
of the Services and the Termination Services and its
compliance with the other provisions of this Schedule) in
respect of the Services that have been terminated, the
Supplier shall:
Paragraph 1.3 of Annex 1 is amended as follows:
To facilitate the transfer of knowledge from the Supplier to the Authority and/or its Replacement Supplier, the Supplier shall provide a detailed explanation of the procedures and operations used to provide the Services, the change management process and other standards and procedures to the operations personnel of the Authority and/or the Replacement Supplier.
A draft ethical wall agreement is inserted at annex 2.
Schedule 8.6 (Service Continuity Plan and
Part 1, paragraph 3.2(c) the reference to ISO/IEC 27002
has been amended to ISO/IEC 22301
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Corporate Resolution Planning)
Part 2, the phrase “Relevant Authority“ has been amended
to “Relevant Authority or Relevant Authorities” throughout
Part 2.
Part 2, paragraph 11.3 has been amended as follows:
The Supplier shall ensure that the CRP Information provided pursuant to Paragraphs 11.2, 11.8 and 11.9 of this Part 2:
Part 2, paragraph 11.4 has been amended as follows:
Following receipt by the Relevant Authority or Relevant
Authorities of the CRP Information pursuant to Paragraphs
11.2, 11.8 and 11.9 of this Part 2, the Supplier and the
Relevant Authority or Relevant Authorities, which will be
procured by the Authority, shall discuss in good faith the
contents of the CRP Information and
Part 2, paragraph 11.6 has been amended as follows:
Where the Supplier or a member of the Supplier Group
has already provided CRP Information to a Department or
the Cabinet Office Markets and Suppliers Team (or, in the
case of a Strategic Supplier, solely to the Cabinet Office
Markets and Suppliers Team) and has received an
Assurance of its CRP Information from that Department
and the Cabinet Office Markets and Suppliers Team (or, in
the case of a Strategic Supplier, solely from the Cabinet
Office Markets and Suppliers Team), then provided that
the Assurance remains Valid on the date by which the
CRP Information would otherwise be required, the
Supplier shall not be required to provide the CRP
Information or updated CRP Information under
ParagraphsParagraph 11.2 and 11.8(a) to 11.8(c) of this
Part 2 if it provides a copy of the Valid Assurance to the
Relevant Authority or Relevant Authorities on or before the
date on which the CRP Information would otherwise have
been required.
Part 2, paragraph 11.7 has been amended as follows:
11.7An Assurance shall be deemed Valid for the purposes
of Paragraph 11.6 of this Part 2 if:
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(a) in respect of the Supplier’s obligations under
Paragraph 11.2:
(a) the CRP Information on which the Assurance
was based was provided to the Department
providing the Assurance (or, in the case of
Strategic Suppliers, to the Cabinet Office
Markets and Suppliers Team) within the 12
months prior to the deadline by which the
CRP Information would otherwise have been
required under Paragraph 11.2; andthe
Assurance is within the validity period stated
in the Assurance it (or, if no validity period is
stated, no more than 12 months has elapsed
since it was issued and no more than 18
months has elapsed since the Accounting
Reference Date on which the CRP
Information was based); and
(b) no Corporate Change Events or Financial
Distress Events (or events which would be
deemed to be Corporate Change Events or
Financial Distress Events if this Agreement
had then been in force) have occurred since
the date on which the CRP Information was
provided; andof issue of the Assurance.
(c) in respect of the Supplier’s obligations under
Paragraphs 11.8(a) to 11.8(c), the CRP
Information on which the Assurance was
based was provided to the Department
providing the Assurance (or, in the case of
Strategic Suppliers, to the Cabinet Office
Markets and Suppliers Team) after the date
of the event triggering the obligation to
provide the CRP Information under
Paragraphs 11.8(a) to 11.8(c).
Part 2, paragraph 11.8 has been amended to delete
“Subject to Paragraph 11.6,” at the start of the paragraph.
Part 2, paragraph 11.10, the first line of the final paragraph
has been amended as follows:
the Supplier will not be required to provide theany CRP
Information unless or
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Schedule 9.1 (Staff Transfer)
Schedule 9.1 has been amended reflect the requirements
of the HM Treasury guidance: “Fair Deal for staff pensions:
staff transfer from central government” issued in October
2013.
New Fair Deal is non-statutory guidance dealing with the
policy for protecting the pension rights of public sector staff
who are members of a public service pension scheme and
move from the public sector to an independent contractor
by way of a TUPE transfer. It also applies to moves by way
of a non-voluntary transfers to public service mutuals or to
other new models of public service delivery. It also
protects the original employees who remain eligible for
pension protection on subsequent retenders of the
contract.
New Fair Deal replaced the previous HM Fair Deal
guidance (“Old Fair Deal”) in October 2013.
Amendments to the definitions and Parts A and B are set
out below.
Part D, Annex D1, D2 and DR have been substantially
amended. Please refer to the Model Services Contract for
details of the changes.
New definition of “Old Fair Deal” as follows:
“Old Fair Deal” means HM Treasury Guidance “Staff
Transfers from Central Government: A Fair Deal for Staff
Pensions” issued in June 1999 including the
supplementary guidance “Fair Deal for Staff pensions:
Procurement of Bulk Transfer Agreements and Related
Issues” issued in June 2004;
Definition of “Relevant Transfer Date” has been amended
as follows:
“Relevant Transfer Date” means in relation to a Relevant
Transfer, the date upon which the Relevant Transfer takes
place;. For the purposes of Part D and its Annexes, where
the Supplier or a Sub-contractor was the Former Supplier
and there is no Relevant Transfer of the Fair Deal
Employees because they remain continuously employed
by the Supplier (or Sub-contractor), references to the
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Relevant Transfer Date shall become references to the
Operational Service Commencement Date;
Definition of “Staffing Information” has been removed
and replaced with the following:
“Staffing Information” means in relation to all persons
identified on the Supplier's Provisional Supplier Personnel
List or Supplier's Final Supplier Personnel List, as the case
may be, all information required in Annex 2 (Table of
Staffing Information) in the format specified and with the
identities of Data Subjects anonymised where possible.
The Authority may acting reasonably make changes to the
format or information requested in Annex 2 from time to
time.
Part A, paragraph 5.2 and Part B, paragraph 5.2 have
been amended as follows:
The Supplier shall, and shall procure that each Sub-contractor shall, comply with any requirement notified to it by the Authority relating to pensions in respect of any Transferring Authority Employee as set down in:
(d) the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector of January 2000, revised 2007December 2013;
(e) HM Treasury's guidance “Staff Transfers from Central Government: A for Staff Pensions of 1999;
(f)(e) Old Fair Deal; and/orHM Treasury's guidance “Fair deal for staff pensions: procurement of Bulk Transfer Agreements and Related Issues” of June
(g)(f) the New Fair Deal.
Part A, paragraph 6.1(b) and Part B, paragraph 7.1(b)
have been amended as follows:
Part D of the Pensions Annex(and its Annexes) to this
Staff Transfer Schedule.
Part B has new definition of “Best Value Direction” as
follows:
“Best Value Direction” means the Best Value Authorities
Staff Transfers (Pensions) Direction 2007 or the Welsh
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Authorities Staff Transfers (Pensions) Direction 2012 (as
appropriate);
Schedule 9.1 (Staff Transfer), Part E (Employment Exit Provisions)
The final paragraph of Part E, paragraph 1.1 has been
amended as follows:
it shall provide in a suitably anonymised format so as to
comply with the DPA, the Supplier's Provisional Supplier
Personnel List, together with the Staffing Information in
relation to the Supplier's Provisional Supplier Personnel
List and it shall provide an updated Supplier's Provisional
Supplier Personnel List at such intervals as are reasonably
requested by the Authority.
Part E, paragraph 2.3(d)(ii) “Personnel list” has been
amended to “Personnel List”
Part E, the Annex has been renumbered as Annex 1
Part E, a new Annex 2 (Staffing Information) has been
inserted which provides a template for TUPE information
to be provided by the Supplier.
Schedule 10 (Guarantee)
An updated form of guarantee is inserted.