pated 2014

WEST SUSSEX COUNTY COUNCIL

and

/A RASCALS AFTER SCHOOL CLUB

LEASE

in respect of use of a building at East Preston Infants School

ACl/2418/JB

18.9.14

• •

A!l words in italicised text and inapplicable alternative wol'ding in a clause may be omitted or deleted . Clause LR13 may be omitted or deleted .

• • •

Clause LR14 may be omitted or deleted where the Tenant is one person . Othenvise, do not omit or delete any words in bold text unless italicised . Side-headings may appear as headings if this is preferred .

• Vertical or horizontal lines, or both, may be omitted .

LRI. Date of lease LR2. Title number(s)

LR3. Parties to this lease

Give full names and addresses of each of the parties. For UK incorporated companies and limited lia'oility partnerships, also give the registered number including any prefix. For overseas companies) also give the territory of incorporation. and, if appropriate, the registered number in t.he United Kingdom including any prefix.

~~v6 af ~J .•. ./ .z,a 14" LR2.1 Landlord's title number(s) Title number(s) out of which tl1is lease is granted. Leave blank if not registered. WSX329684

LR2.2 Other title numbers Existing title number(s) against which entries of matters referred to in LR9, LR!O, LRll and LR13 are to be made.

Landlord

Tenant

WEST SUSSEX COUNTY COUNCIL of

County Hall Chichester West Sussex POI9

lRQ

TRADING

AS RASCALS AFTER SCHOOL CLUB

Other patties Specify capacity of each party, tor e_xample <;management company'', ''guarantor", etc.

LR4. Property

Insert a fu ll desc1iption of the land being leased or Refer to the clause, schedule or paragraph of a schedule in this lease in which the land being leased is more fully described.

Where there is a letting of part of a registered title, a plan must be attached to this lease and any f1oor levels must be spedfied.

LR5. Prescribed statements etc.

If this lease includes a statement falling within LR5.1, insert under that sub­clause the relevant statement or refer to the clause, schedule or paragraph of a schedule in this lease which contains the statement.

In LR5.2, omit or delete those Acts wrucb do not apply to this lease.

LR6. Term for which the Proper ty is leased

Include only the appropriate statement (duly completed) from the three options.

NOTE: The iofonnation you provide, or refer to, here will be used as part of the particulars to identify tl1e lease under mle 6 of the Land Registration Rules 2003.

LR7. Premium

Specify the total premium, inclusive of any VAT where payable.

Ln the case of a confl ict between this clause and t11e rema inder of tllis lease then, for the purposes of registration, this clause shall prevajl.

See the definition of "Premises '' in Clause 2 of this Lease.

LR5.1 Statemems prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of tbe Land Registration Rules 2003. none

LR5.2 TI1is lease is made under, or by reference to,

provisions of: Section 123 Local Govemmem Act 1972

The Term as specified in this lease at clause 2

None

LR8. Prohibitions or restrictions on disposing of this lease

Include whichever of the two statements is approptiate.

Do not set out here the wording of tbe provision.

LR9. Rights of acquisition etc.

Inseri the relevant provisions in the sub­clauses or refer to the clause, schedule or parabrraph of a schedule in this lease which contains the provisions.

LR I 0. Restrictive covenants given in

This lease contains a provision that prohibits or restricts dispositions.

LR9.1 Tenant's contractual rights to renew this lease, to :.lequire the reversion or anotl1er lease of the Property, or to acquire an interest in other land

None

LR9.2 Tenant's covenant· to (or offer to) surrender this lease

None

LR9.3 Landlord's contractual rights to acquire this lease

None

this lease by the Landlord in respect of None land other than the Property

Insert the relevant provisions or refer to the clause, schedule or paragraph of a schedule in this lease which con tains the provisions.

LR 11 . Easements

Refer here only to the clause, schedule or paragraph of a schedule in this lease which sets out tbe easements.

LRJ 2. Estate rentcbarge burdening the

LRll.l Easements granted by this lease for the benefit of the Property

See clause 3.2 of this Lease.

LR I I .2 Easements granted or reserved by this lease over the Property for the benefit of other property

See Clause 3.2 of this Lease

Property None

Refer here only to the clause, schedule or paragraph of a schedule in this lease which sets out the rent.chargc.

LR13. Application for standard fonn of restriction

Set out the full text of the standard fonn of restrict ion and the title against which it is to be entered. If you wish to apply for more than one standard form of restriction use this clause to apply for each of them, tell us who is applying against whicb title and set out the ful l text of the restriction you are applying for.

Standard fonns of restriction are set out in Schedule 4 to the Land Registration Rules 2003. LR I 4. Declaration of trust where there is more than one person comprising the Tenant

lf the Tenant is one person, omit or delete all the alternative statements.

If the Tenant is more than one person, complete this clause by omitting or deleting all inapplicable alternative statements.

None

,.

Dated 2014

1 Partjculars

1.1 "Landlord" WEST SUSSEX COUNTY COUNCIL of County Half Chichester West

Sussex P019 1 R.Q

1.2

trading as RASCALS AFTER SCHOOL CLUB

2. Definitions

In the proposed Lease the following words will mean:

"Access way"

"Base RPI Month"

"Base Rent"

"Break Date"

"Building"

"CRB"

"Insured Risks"

"Interest Rate"

means the driveway and footpath to the Property across the

School phown shaded brown on the Plan /'n.Jf);.0c}V

means .dai'Wlilt'f 2014

means the sum of-.

means the26.~ .. ~W2019 means the buildings Forming part of the School

means the Criminal Records Bureau

means fire and special perils including lightning earthquake

explosion aircraft and other aerial devices or articles dropped

therefrom, riot, civil commotion, malicious damage, storm or

tempest, bursting or overflowing of water tanks apparatus or

pipes, flood and impact by road vehicles and other risks or

insurance as may from time to time be required by the Landlord

(subject in all cases to such exclusions and limitations as may be

imposed by the insurers)

means interest at the base rate from time to time of Lloyds Bank

Pic or if that base rate stops being used or published then at a

comparable commercial rate reasonably determined by the

Landlord

2

"LTA 1954"

"Landlords Title"

"OFSTED"

"OFSTED

Registration"

"Parking Space"

"Permitted Hours"

"Permitted Use"

"Plan "

"Premises"

Landlord and Tenant Act 1954

means the Land Registry title number WSX 329684

means the Office for Standards in Education

means a valid and current registration with the Office for

Standards in Education

means the one car parking space at the School shown shaded

green on the Plan or such other parking space as the Lessor shall

from t ime to time reasonably determine

means

(i) between 7.00 am and 8.00 pm Monday to Thursday and

between the hours of 7.00 a.m to 6.00 p.m. Friday and

12.00 a.m. to 6.00 p.m. Saturday inclusive throughout

the year excluding Bank Holidays Christmas Day and

Boxing Day

means use of the Premises as a ch ildrens after school club for

chi ldren between the ages of four years to twelve years during

the Permitted Hours in accordance with the terms of the Contract

and OFSTED Registration or for other non-commercial uses for

the benefit of the community

means the plan annexed herein

means the land and building (including but not limited to the

foundations, roof, guttering, exterior and internal walls,

windows, window frames, doors) known as Rascals After School

Club formerly known as East Preston Youth Centre, East Preston

Infants School, Lashmar Road, East Preston, Uttlehampton, West

Sussex shown edged red on the Plan and all Service Media on,

over or under such land and all Service Media outside such land

3

"Principal Rent"

"Quarter Day"

"RPin

"Rent"

n.Review Dateu

"Rent Payment

Daten

"School"

"Service Median

but exclusively serving it, and boundary features

means a rent o per annum

exclusive of VAT payable by the Tenant without any deduction by

equal quarterly payments in advance on the Quarter Days and

proportlo11ately for any other fraction of a year the first payment

hereunder to be made on the execution hereof and to be In

respect of the period from the commencing date to the next

Quarter Day following the date hereof until reviewed in

accordance with clause 7 hereafter

25 March, 24 June, 29 September, and 25 December In each

calendar year

means the Retail Prices Index or any official index replacing it

Means the following:

i) the Principal Rent; and

II) any other sums due under the terms of this

Lease

iii) and any VAT due on the Principal Rent and other

sums due under the Lease

Means the Quarter Days

Means the East Preston Infants School and the East Preston

Junior School both of Lashmar Road, East Preston,

Littlehampton, West Sussex BN16 lEZ and the expression

"School" shall mean either one of them

means any existing or future pipes wires cables ducts drains

conduct transmission and passage of Utility Services and any

ancillary apparatus attached to them and any enclosures for them

4

"Service User"

"Shared Service

Media

"Term"

means the preschool chi ldren attending the Rasca ls After School

Club

means any Service Medta which serves both the Premises and

the School

means a period of 10 (ten) years commencing on the

&-\·(Jqp.~g.~~·.<:-k~. 2014 and expiring on and including the

2St{ . ... kp~<'~'h~.~:-:': . 2024 unless determined earlier pursuant to

clause 4 hereafter

"Total Ex penditure" means the expenditure Incurred by the Landlord in connection

with the heads of expenditure referred to in Clause 5.3. 7

hereafter

"Utility Services"

"Youth Services"

2. Interpretation

means gas electricity drainage water telecommunications and

cable services

means the youth activities and youth servtces provided by the

Landlord or any successor organisation providing those services

or any organisation providing youth activities or youth services

with the authority (express or Implied) of the Landlord or any

other third party providing youth activities or youth services

2.1 The expressions "the Landlord" and "the Tenant" wherever the context so

admits Include the person for the time being entitled to the reversion

immediately expectant on the determination of the Term and the Landlord's

successors in title respectively

2.2 Words importing one gender include all other genders and words Importing the

singular include the plural and vice versa

2.3 References to any right of the Landlord to have access to the demised premises

shall be construed as extending to all persons authorised by the Landlord

(including agents professional advisors contractors workmen and others)

5

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------1 -, ,-

1 I I I I I

East Preston Youth Centre

-· -.

I

N Scale : 1 :500@ A4 For Identification Only produced strictly for WSCC internal use

and WSCC project work only

Produced by Land & Property Information

A Plot Date 01-08-2014 ReprodUceo rrom ot btiM<I upon ttl• 2008 Ordnanc. SUI'\'~ mappin; With tne '*'"'~ or N ConttOitt! of HMSO {c) Ctot.tm Copyr.ght reMMd Ul'leUII'IOfiMd prOductiOn intflngrtt Crown Copyright and ITBY lead so pr05ec:ut10n_ WSCC Uotnoe 1000234<47

Capital & Infrastructure ;

west sussex countY. council

2.4 Any covenant by the Tenant not to do an act or thing shal l be deemed to

include any obligation not to permit or suffer such act or thing to be done by

another person

2.5 References to "consent of the Landlord" or words to similar effect mean a

consent in writing signed by or on behalf of the Landlord and to "approved" and

"authorised " or words to similar effect mean (as the case may be) approved or

authorised in writing by or on behalf of the Landlord in its capacity as Landlord

on ly and not in any other capacity (unless otherwise expressly stated)

2.6 Any references to a specific statute include any statutory extension or

modification amendment or re-enactment of such statute and any regulations

or orders made under such statute and any general reference to " statute" or

"statutes" includes any regulations or orders made under such statute or

statutes

2. 7 References in this Lease to any clause sub-clause or schedule without further

designation shall be construed as a reference to the clause sub-clause or

schedule to this Lease so numbered

2.8 The clause and paragraph headings do not form part of this Lease and shall not

be taken into account in its construction or interpretation

2.9 "Regulated activity" in relation to children as defined in Part 1 of Schedule 4 to

the Safeguarding Vulnerable Groups Act 2006. In relation to vulnerable adults

as defined in Part 2 of Schedule 4 to the Safeguarding Vulnerable Act 2006

2.10 "Regulated Activity Provider" as defined in section 6 of the Safeguarding

Vulnerable Act 2006

3. Demise

IN CONSIDERATION of:

3.1 the Tenant observing and performing the covenants on the part of the

Tenant hereinafter contained; and

3.2 the Tenant paying the Rent and all sums reserved in this Lease as Rent to

the Landlord throughout the Term without any deduction counterclaim or set

off (whether legal or equitable) of any nature whatsover

6

the Landlord HEREBY DEMISES unto the Tenant the Premises for the

Term TOGETHER WITH the following Rights :

a) a right of way (in common With all other persons entitled to use the

same) on foot only over and along the Accessway to reach the Premises

for the purposes of the Permitted Use ; and

b) a vehicular right of way for staff of the Tenant only over and along the

Accessway to reach the Parking Space for the purposes of the Permitted

Use; and

c) a right to park one roadworthy non commercial motor vehicle on the

Parking Space; and

d) a right to the free passage and running of Utility Services coming from

or to the Premises by and through any Service Media in on under or over

the School or any part or parts thereof with liberty upon giving a minimum

of seventy two hours prior notice to the School to enter thereon from time

to time for the purpose of inspecting opening clearing repairing renewing

such Service Media

EXCEPT AND ALWAYS RESERVED unto the Landlord and persons

authorised by them the following rights

(a) a pedestrian right of way across and through the Premises for the

benefit of the School and the Landlord (for maintenance and

emergency purposes)

(b) the right to free passage and running of Utility Services coming

from or to the School or other land of the Landlord by and through

any Service Media and the like in on under or over the Premises or

any part or parts thereof with liberty to enter the Premises from

time to time for the purpose of inspecting and making further

connections to or from other properties in the neighbourhood and

opening clearing repairing renewing and the like or for laying new

Service Media through the Premises

(c) out of the Premises any easements or rights of light air or

otherwise which would restrict or interfere with the free use of the

adjoining lands or buildings of any person including the Landlord

the School

(d) a right of access to the Premises for the Landlord and the School

with all necessary workmen and appliances upon giving reasonable

notice to the Tenant (except in the case of emergency) for the

purposes of maintaining and inspecting the Premises

7

(e) a right for Youth Services, the Landlord and all those authorised by

him to use the Premises each Friday between the hours of

6.30p.m. to 9.30 p.m.

(f) a right for Youth Services to exclusively use such storage facilities

as may be from time to time be agreed between the Youth Services

and the Tenant which is commensurate with the Youth Services use

of the Premises under the reservation at clause 3(e) above

4. Termination etc

4.1 The Lease may be terminated on the Break Date by the Landlord giving the

Tenant at least six months prior written notice to the Break Date

4.2 The Lease may be terminated on the Break Date by the Tenant giving the

Landlord at least six months prior written notice to the Break Date

4.3 Any notice served by the Tenant pursuant to clause 4.2 shall have no effect if :

4.3.1 at the date of the service of the notice there are arrears of Rent; or

4.3.2 the Tenant does not give vacant possession of the Premises on or before

the Break Date

4.3.3 there are arrears of Rent at the Break Date

4 .4 The Lease shall automatically determine If the Contract is not renewed on the 7tt1

April 2018

4.5 The Lease shall automatically determine If the Contract is determined for C:lny

reason during the Term

4.6 The Lease may be terminated immediately at the Landlord's discretion if the

Tenant shall be in breach of Clause 5.52 if OFSTED states in their report that

there Is no capacity to improve

4. 7 For the avoidance of doubt the Lease will be excluded from the security of tenure

provisions of the Landlord and Tenant Act 1954

5. The Tenant's Covenants

5.1 To pay to the Landlord the Principal Rent and all sums reserved as Rent at

the times and in the manner aforesaid

8

advertising the Tenants use of the Premises which board shall be placed on the

Premises (with the Landlord's prior consent) except advertisements approved

by the Landlord or the Academy relating only to the use permitted by this Lease

carried on thereon and such advertisement shal l comply in all respects with the

Town and Country Planning (Control of Advertisements) Regu lations for the

time being in force

5.8 To put keep and maintain the Premises in good and substantial repair and

condition (damage by the Insured Risks excepted save to the extent that

insurance moneys irrevocable as a result of the act or default of the Tenant or

their workers, contractors or agents or any person on the Premises with the

actual or implied authority of them)

5.9 To make good any disrepair for which the Tenant is liable under this Lease

within 3 months after the date of written notice from the Land lord (or sooner if

the Landlord reasonab ly requires)

5.10 If the Tenant fails to comply with any such notice served by the Landlord in

accordance with clause 5.9 above the Landlord may enter and carry out the

work and the proper cost shall be reimbursed by the Tenant on demand as a

debt

5.11 To pay al l expenses (including solicitors' costs and surveyors' fees) incurred by

the Landlord Incidental to the preparation and service of a notice under Section

146 of the Law of Property Act 1925 notwithstanding that forfeiture is avoided

otherwise than by relief granted by the Court

5 .12 At the end of the Term howsoever it shall end to yield up the Premises with the

additions thereto and the fittings and fixtures thereon (other than fittings and

fixtures usually denominated tenant's or t rade fixtures) and the fence thereof

and the drains soil and other pipes and sanitary and water apparatus thereof to

the Landlord in good and tenantable repair and condition and decorated In

accordance with the Tenant's covenants herein contained

5 . 13 At the end of the Term howsoever it shall end to yield up the Premises having

removed all signs, Tenant's fixtures and fittings and other goods from the

Premises and made good any damage caused thereby to the Landlords

reasonable satisfaction

10

5.14 To keep clean all windows at the Premises and to replace all broken windows

and glass in the doors and also to prevent the stoppage of closet and waste

pipes and gutters and gullies

5 . 15 Not to do anything which may invalidate the buildings insurance of the

Premises against the Insured Risks or tend to increase the premium therefore

now paid

5 .16 To pay the rentals installation charge and any other charges in respect of any

telephone and electronic data service wh ich may be instal led at the Premises

and exclusively used by the Tenant, and to maintain and repair such separate

telephone or data line exclusively serv ing the Tenant

5.17 To arrange termly meetings with the Headteacher of the School or his/her

representative of the School to discuss matters of mutual interest and concern

5.18

The Tenant shall pay all legal and surveyors' costs for any extension or renewa l

any consent licence or other documentation (including any Schedule of Wants

of Repair or Dilapidations and any document or documents coming Into being

in connection with a rent review or rent reviews) granted or entered into under

the terms of the Lease

5.19 To comply with any statutory notice order or other requirement lawfully served

by any competent authority upon the Land lord or the Tenant and with the

cond itions of the planning consent for the Premises and forthwith to provide the

Landlord with a copy of any notice order or requirement served upon the

Tenant and at all times to keep the Landlord indemnified against al l claims

demands expenses and liability in respect thereof

5 .20 Not to stop up or darken or obstruct or suffer to be stopped up darkened or

obstructed any windows or other openings belonging to the Premises or any

adjoining buildings nor to suffer any new window doorway or other opening or

path or passage drain or other encroachment or easement to be made fnto

against or upon the Premises and in case any such window doorway opening

path passage drain or other encroachment or easement shall be made or

attempted to be made to give notice thereof to the Landlord and at the request

of the Landlord and at the cost of the Tenant adopt such means as may

11

reasonably be required for preventing any such encroachment or the acquisition

of any such easement

5 .21 To carry out regular PAT Testing of electrical appliances owned by the Tenant at

the Premises

5.22 To permit the Landlord twice a year at reasonable times on giving fourteen

days prior written notice (except in case of emergency) to enter upon and view

the condition of the Premises and the Tenant will forthwith execute all repair

works required to be done by written notice given by the Landlord in relation to

the Lease provisions provided always that if the Tenant shal l not within thirty

days after service of such notice commence and proceed diligently with the

execution of the repairs and works aforesaid it shall be lawful for the Landlord

to enter upon the Premises and execute such repairs and the cost thereof shall

be a debt due from the Tenant to t he Landlord and shall be recoverable by

action

5.23 To decorate the interior of the Premises with good quality paint and materials

once every three years of the Term and in the last year of the Term

5 .24 To keep the Premises internally in a clean and tidy condition and to provide at

their own expense all janitorial supplies and equipment

5.25 To immediately notify the Landlord of any defect in the Premises or Building as

soon as the Tenant becomes aware of the defect

5 .26 To insure separately its contents of the Premises and the Landlord will accept

no liabili ty for any damage or loss to items stored or left in the Premises

5.27 Not to cause any damage to the Premises or any part thereof

5.28 Not to use any Utility Services for the Premises in a wasteful manner

5 .29 Not to cause or permit any blockage of the sewage system or pipes serving the

Premises of any of the Land lord's or School's adjoining premises the cost of

rectifying any such blockage which is due to the Tenant's neg ligence shall be

paid Immediately by the Tenant

12

5 .30 To arrange for its own disposal arrangements for business and clinical waste

materials and refuse from the Premises and agree disposal arrangements with

the School

5 .31 Not to use the Premises In a manner which would cause a nuisance to, interfere

with, or disrupt the running of the School

5 .32 Not to cause or permit others within its control to cause any annoyance or

nuisance to the other owners or occupiers of any neighbouring buildings

provided always that whi lst the Tenant shal l use reasonable endeavours she wil l

not be responsible for any activities beyond her control particularly on Friday

evening involving the Youth Services

5 .33 Throughout the Term to:

(a) at its own expense take out and maintain comprehensive Public Liabi lity and

Thi rd Party Insurance cover of not less than £10,000,000.00 (Ten Million

Pounds) with an insurance company of repute

(b) provide to the Landlord on demand a copy of the Public Liabi lity and Third

Party Insurance policy document the current schedule and receipt for the

premium payment; and

(c) ensure that the Landlord's interest is noted on the policy; and

(d) at its own expense take out and maintain a comprehensive buildings

insurance policy for the Premises for the full reinstatement cost against loss

or damage or in consequence of the Insured Risks and including site

clearance architects and surveyors fees and fees of such other professional

persons that the Landlord deems appropriate; the plate glass (if any) at the

Premises; two years loss of the Rent; and

(e) provide to the Landlord on demand a copy of the buildings insurance policy

document the current schedule and receipt for the premium payment; and

(f) ensure that the Landlord's interest is noted on the policy;

5.34 To maintain OFSTED Registration throughout the term of the Lease and not to

permit any more chi ldren on the Premises than are stipulated by OFSTED

regulations

5.35 To conform with all statutory regulations and requirements in respect of the

Premises and its use and for the avoidance of doubt compliance with such

13

statutory requirements shall always take precedence over any apparent conflict

with the terms of the Lease

5 .36 Not to make any structural alterations to the Premises whatsoever

5.37 Not to make any non-structural alterations to the Premises in any way without

first having obtained the written consent of the Landlord and the Academy.

5 .38 i) Not to sublet the whole or any part of the Premises whatsoever save that the

Tenant may enter into casua l hiring agreements for an occasional temporary

use of the Premises by community groups only and provided that

a) no landlord or tenant relationship is created; and

b) such casual hiring is not for commercial use by the community group

5 .39 i) Not to assign part only of the Premises

ii) Not to assign the whole of the Premises except to another OFSTED registered

provider with the Landlord's prior consent such consent to be granted or

withheld at the Landlord's absolute discretion

5.40 To carry out DBS checks in accordance with the procedure set out in Appendix

One

5.41 Not to permit parents vehicle access to the School's grounds or car parking

area other than those parents bearing a blue badge holder on their vehicles or

those parents of chi ldren with specia l needs and for which the Tenant has the

School's prior approval

5.42 During and after the Tenant's Permitted Hours to ensure that the Premises

used are secure and at the end of each day to switch/turn off any lights and

other equipment (as may be appropriate) and close and lock all windows doors

and gates as appropriate and set the intruder alarm provided always that the

Tenant shall not be responsible if the gates are kept unlocked by any School

staff after the Tenant has closed the Premises

5.43 To observe the School's evacuation procedures and fire regulations and be

responsible for the Tenant's own regular fire drills including within holiday

periods and for keeping records thereof

5.44 To comply with any reasonable regulations made in writing by the School or the

Land lord for the day to day use of the Premises or any part thereof

14

5 .45 Not to erect any further erections or structures nor further fencing on the

Premises without the Landlords prior written consent

5.46 To comply with all statutory requirements including (but not limited to) Health

and Safety Legislation, first aid training, the Children's Act

5 .47 To ensure that all food prepared and served on the Premises shall be prepared

in accordance with The Food Safety Act 1990 and the Food Safety (General

Food Hygiene) Regulation 1995

5.48 To comply with and perform the covenants on the part of the Tenant herein

and to keep the Landlord fully and effectually indemnified against all actions

proceedings costs claims demands and expenses in respect of any liability or

alleged liability in respect of any claim or liability arising directly or indirectly

out of any breach or non observance of the covenants on the part of the Tenant

in the Lease

5 .49 To keep the Landlord fully and effectually indemnified against all actions

proceedings costs claims demands and expenses in respect of any liability or

alleged liability in respect of any claim or liability arising directly or indirectly

out of any breach or non observance of the matters contained in the Landlords

Title

5.50 To deliver a good service from the Premises throughout the Term so as to

maintain a judgement of ''satisfactory performance" or better from OFSTED

throughout the Term

5.51 To keep the grounds and all boundary features of the Premises in neat and tidy

condition with any grassed area properly cut and maintained.

5 .52 To ensure that parents of children of the After School Club do not drive vehicles

through the main gates of the School with vehicles apart from those permitted

under clause 5.41

5.53 Immediately after the completion of this Lease to pay any Stamp Duty Land

Tax ("SDLT") due on the Lease to HMRC together with any penaiities and

interest due

5 .54 Immediately after the completion of this Lease to procure the prompt

registration of this Lease at the Land Registry and to prov ide office copies

evidencing such registration to the Landlord

5.55 Immed iately after the termination of this Lease howsoever tt shall end to

procure the closure and removal of any leasehold interest or note relating to

the Lease at the Land Registry

15

6 . The Landlord's Covenants

6 .1 Provided that the Tenant observes the covenants on the part of the Tenant

herein to give quiet enjoyment of the Premises to the Tenant

6 .2 Provided that the Tenant pays the Rent and the other sums due under the

terms of the Lease to repair, maintain and if the Landlord considers it necessary to

renew, the Accessway and the Shared Service Media

7 . Rent Review

7.1 In this clause the President is the President for the time being of the

Royal Institu tion of Chartered Surveyors or a person acting on his behalf, and the Surveyor is the independent valuer appointed pursuant to clause

7.9.

7.2 The amount of Principal Rent shall be reviewed on the Review Date to

7.2.1 the Principal Rent payable immediately before the relevant Review Date or, if greater;

7.2.2 the indexed rent determined pursuant to this clause.

7.3 The indexed rent shall be determined at the relevant Review Date by multiplying the Base Rent by the index value of the RPI for the month

before the month in which the relevant Review Date falls, then dividing the product by the index value of the RPI for the Base RPI Month .

7.4 The Landlord shall calculate the Indexed rent as soon as reasonably practicable and shall give the Tenant written notice of the indexed rent as

soon as it has been ca lcu lated.

7. 5 If the revised Principal Rent has not been calculated by the Landlord and

notified to the Tenant on or before the relevant Review Date,

7.6 the Principal Rent payable from that Review Date shall continue at the rate

payable Immediately before that Review Date. No later than five working

days after the revised Principal Rent Is notified by the Landlord to the Tenant, the Tenant shall pay:

7 .6.1 the shortfall (if any) between the amount that it has paid for the period

from the Review Date until the Rent Payment Date following the date of

notification of the revised Principal Rent and the amount that would have been payable had the revised Principal Rent been notified on or before that Review Date; and

16

7 .6.2 interest at the Interest Rate on that shortfall calculated on a daily basis by reference to the Rent Payment Dates on which parts of the shortfall would

have been payable if the revised Principal Rent had been notified on or

before that Review Date and the date payment is received by the Landlord.

7. 7 Time shall not be of the essence for the purposes of this clause.

7. 8 If there is any change to the methods used to compile the RPI, including any change to the items from which the RPI is compiled, or If the

reference base used to compile the RPI changes, the calcu lation of the

indexed rent shal l be made taking into account the effect of any such change.

7.9 If either the Landlord or the Tenant reasonably believes that any change referred to in clause 7.8 would fundamentally alter the calculation of the

indexed rent in accordance with this clause and has given notice to the other party of this belief, or if it becomes impossible or impracticable to

calculate the indexed rent in accordance with this clause then the Landlord and the Tenant shall endeavour within a reasonable time to agree an alternative mechanism for setting the Principal Rent, which may (where reasonable) include, or consist of, substituting an alternative index for the RPI. In default of such agreement, an alternative mechanism shall

be determined by the Surveyor.

7.10 If any question or dispute arises between the parties as to the amount of

the Principal Rent payable or as to the interpretation, application or effect

of any part of this clause 7, or 1f the Land lord and the Tenant fail to reach

agreement under clause 7 .9, the question, dispute or disagreement is to

be determined by use of the Dispute Resolution Procedure set out in clause 11 hereafter save that t he Surveyor shall act as an expert and not

as an arbitrator.

8. Safeguarding Children And Vulnerable Adults

8.1 The parties acknowledge that the Tenant Is a Regulated Activity Provider

with ultimate responsibility for the management and control of the

Regulated Activity provided under this Lease and for the purposes of the

Safeguarding Vulnerable Groups Act 2006.

17

8.2 The Tenant shall :

(a) ensure that all individuals engaged in the provision of the Services

are subject to a valid enhanced disclosure check undertaken

through the Criminal Records Bureau including a check against the

adults' barred list or the children's barred list, as appropriate; and

(b) monitor the level and validity of the checks under this clause 8.2

for each member of staff.

8.3 The Tenant warrants that at all times for the purposes of this Lease it has

no reason to believe that any person who is or will be employed or

engaged by the Tenant in the provision of the Services is barred from the

activity in accordance with the provisions of the Safeguarding Vulnerable

Groups Act 2006 and any regulations made thereunder, as amended from

time to time.

8.4 The Tenant shall immediately notify the School of any information that it

reasonab ly requests to enable it to be satisfied that the obligations of this

clause 8 have been met.

8.5 The Tenant shall refer information about any person carrying out the

Services to the ISA where it removes permission for such person to carry

out the Services (or would have, if such person had not otherwise ceased

to carry out the Services) because, in its opinion, such person has harmed

or poses a risk of harm to the Service Users.

8.6 The Tenant shall not employ or use the services of any person who is

barred from, or whose previous conduct or records indicate that he or she

would not be suitable to carry out Regulated Activity or who may

otherwise present a risk to Service Users.

8. 7 The Tenant shall not, without the prior written consent of the Landlord or

School , employ or use the services of any person who is barred from, or

whose previous conduct or records indicate that he or she would not be

suitable to carry out Controlled Activity or may present a risk to Service

Users or any other person.

18

8.8 The School's consent under clause 8.7 shall be conditional on appropriate

safeguards being put in place as the School in its absolute discretion, and

in accordance with any directions made under the SVGA 2006, may

determine.

9. Exclusion of t he Landlord and Tenant Act 1954 ("the Act"}

The parties confirm that:

9.1 Notice and declaratjon

Prior to the date hereof the Land lord served notice on the Tenant

pursuant to the provisions of the 1954 Act Section 38A(3) as inserted

by the Regulatory Reform (Business Tenancies) (England and Wales)

Order 2003 and on the 25~ day of r<?p~Q(Ll,1v..../ 2014 the Tenant

made a statutory declaration pursuant to schedule 2 of the Regulatory

Reform (Business Tenancies) (England and Wales) Order 2003.

9.2 Agreement to exclude

Pursuant to the provisions of the 1954 Act Section 38A( 1) as inserted

by the Regulatory Reform (Business Tenancies) (England and Wales)

Order 2003, the parties agree that the provisions of the 1954 Act

Sections 24- 28 inclusive are to be excluded in relation to the tenancy

created by this Lease

9.3 There is no agreement for lease to which this lease gives effect.

9.4 The parties agree that the provisions of sections 24 to 28 of the LTA 1954

are excluded in relation to the tenancy created by this lease.

9.5 A person who Is not a party to this lease shall not have any rights under or

in connection with ft by virtue of the Contracts (Rights of Third Parties) Act

1999.

9.6 This lease creates a new tenancy for the purposes of the Landlord and

Tenant (Covenants) Act 1995.

19

10. Provisos and Agreements

10.1 Landlord's Rights on Forfeiture

The Landlord's right to forfeit this Lease in clause 12 hereafter is not affected by any acceptance of or demand for rent or any action which would affirm this Lease by the Landlord with knowledge of a breach of any of the Tenant's covenants contained in this Lease and the Tenant is not in any proceedings for forfeiture or otherwise entitled to rely upon any such acceptance demand or affirmation as aforesaid as a defence provided that this provision only applies to any acceptance of or demand for rent or affirmation of this Lease made during such period as may in all the circumstances be reasonable for enabling the Landlord to conduct negotiations with the Tenant for remedying the breach.

11. Dispute Resolution Procedure

11.1 If the parties fail to agree on the amount of any payment due from either party to the other under this Lease then either party may refer the matter to an Independent Surveyor.

11.2 The Independent Su rveyor shall be appointed jointly by the parties, but in default of agreement either party may apply to the President of the Royal Institution of Chartered Surveyors requesting the appointment of an Independent Surveyor.

11.3 If the appointed Independent Surveyor dies or becomes unwilling or incapable of acting then either the Landlord or the Tenant may apply to the President of the Roya l Institution of Chartered Surveyors to discharge the appointed Independent Surveyor and to appoint a replacement.

11.4 The Independent Surveyor shall act as an arbitrator in accordance with the Arbitration Act 1996.

11.5 The Landlord and the Tenant agree to pay the Independent Surveyor's costs in the proportions determined by the Independent Surveyor within twenty working days after a demand for payment. If they are not so paid, the party against whom the costs were not awarded shall be entitled to pay the Independent Surveyor the sums due and recover the amount from the other party on demand.

11.6 The Landlord and the Tenant agree to be bound by the Independent Surveyor's decision (save in the case of manifest error) and each party shall bear its own costs save where the Independent Surveyor determines the costs to be paid by each party

12. FORFEITURE

12.1 The Landlord may re-enter the Premises (or any part of the Premises In

the name of the whole) at any time after any of the following occurs:

12.1.1 any Rent is unpaid 21 days after becoming payable whether

it has been formally demanded or not;

12.1.2 any material breach of any condition or covenant in this

Lease by the Tenant;

20

12.1.3 receipt by the Landlord of a petition or notice served on behalf of the local community in accordance with the Landlord's

Petitions Scheme as set out in the Landlord's Constitution (as amended from time to time) challenging (on grounds that are

compelling to the Landlord (acting reasonably)) the suitability of delivery of the Permitted Use

12.1.4 where the Tenant is a corporation;

(a) the taking of any step in connection with any voluntary arrangement or any other compromise or arrangement for the benefit of any creditors of the

Tenant; or

(b) the making of an appl ication for an administration order or the making of an administration order in

relation to the Tenant; or

(c) the giving of any notice of intention to appoint an administrator, or the filing at court of the prescribed documents in connection with the appointment of an

administrator, or the appointment of an administrator, in any case in relation to the Tenant;

or

(d) the appointment of a receiver or manager or an

administrative receiver in relation to any property or

income of the Tenant; or

(e) the commencement of a vo luntary winding-up in respect of the Tenant, except a winding -up for the

purpose of amalgamation or reconstruct1on of a solvent company in respect of which a statutory

declaration of solvency has been filed with the Registrar of Companies; or

(f) the making of a petition for a winding-up order or a winding-up order in respect of the Tenant; or

(g) the striking-off of the Tenant from the Register of

Companies or the making of an application for the

Tenant to be struck-off; or

(h) the Tenant otherwise ceasing to exist,

12.1.5where the Tenant is an individual:

(i) the taking of any step in connection with any

vo luntary arrangement or any other compromise or arrangement for the benefit of any creditors of the

Tenant; or the presentation of a petition for a

21

bankruptcy order or the making of a bankruptcy order against the Tenant.

12.2 If the Landlord re-enters the Premises (or any part of the Premises in the name of the whole) pursuant to this clause, this Lease shall immediately end, but without prejudice to any right or remedy of the Landlord in respect of any breach of covenant by the Tenant.

IN WITNESS the Landlord has caused its Common Seal to be affixed and the Tenant has

executed this deed on the date of this deed

Executed as a Deed by WEST SUSSEX )

COUNTY COUNCIL affixing its )

common seal in the presence of: )

Authorised Signatory

EXECUTED as a Deed by ..-

22

APPENDIX ONE

Annex CRB check procedure

23

Disclosure and Barling Service (DBS) checks (previously CRB checks)- GOV. UK Page I of7

~GOV.UK Disclosure and Barring Service (DBS) checks (previously CRB checks)

Notes

1. Overview rhe Crimmal RCC<lfds Bureuu (CRB) and the Independent Safeguarding Authority (\SA) have merged to become the Disclosure and Barring Service (DBS). CRB checks llre now called DBS checks

A DBS chilCk may be needed for.

• certam jobs or voluntlr)' work, eg working with children or in healthcllrc • applytngto foster or odopla child

There are dtff'ercnt ru les for gwing a crimmal record check in~ and :--J,mhvw lrolund

Who can ask for a DBS check

An employer can ask tor a DBS check for cenam roles.

nBs ehgib•l tty "UU.!ancc lisrs most roles thut are eligible fo( a check. However, the guidance isn't comprehensive so •t•nwt·r 11tiS if unsure.

Applicants Uoh C3ndldates) can't do a cnmina.! records check on them~elvcs. Instead, they can request a 'baste disclosure' lmm Dtscl,.,urc Sc1llland {you don't h~ve to bo trom Scotland to do this).

Row to get a DBS check

1. The cn1ploya X.<'b .1n H!lphc;!ltt•tt ltmn lrf>tn DBS or :u1 umht.;:llu bodv (n registacd body that gives access to DBS checks).

2. The amployo- gtvcs the appliC'Jnt the form to fillm and retum ro them along with ~~nts twovm•• lh•:•r i<lent>IY·

3. The employe- sends the completed applic-.tllon form to DBS or their umhrella body

4, DBS sends a certilicate to the applicant. The cmploya h:l.'i In ask the uppl icam1o 'C~ thy \'l!l'lllicur,:.

I r the applicant has subscrihed to the rms IINlntc ,-:,, lrl' , the employer can check their certificate online.

Types of criminal records check

There ao·e J types of check. ·nte~ ~mployer or organisation running the check should provide the appltcant w11h more mlormatoon ahout the lel'cl of check required.

Criminal record check ~pplicnnts mt>SI be 16 or ov~-r.

Standarn (£2 6)

nus checks tor spall and unsp.nt convicttons, camions, reprimands Jnd final warnings, and wtlltake about:! weeks.

Enhanced (£44)

This includes rhe same as the standard check plus any oddirional infonnatioo bdd hy local polic~ that's reasonably consodl:red relevant to the wpr~tjlp;e betng ~pplied for (adult, child or 'other' workforce). It takes about 4 weeks.

'Other' workforce means lh!'SC who dnn 't work with children or ailu lt> specitic~lly, but potentially both, eg tax• driver.;, In lhts case. the police will only release inform3tion thal'srclc:vant to the post being applied (or.

Enhanced with list checks (£44)

Thi~ is like the enhanced check, but includes a check of' the DBS l>ttrr.tt lt~t~. and tokes about 4 weeks.

An employer can only ask for a barred lt.St check for ~DC~tfic mlc,. lr's a criminal offence 10 ask for n check for any other roles.

Volunteers

Checks for sh1uhlc \llhtnW,;I' are free of charge. This includes anyone who spends lrme helping people nml tS:

• not hcing puic.l (apm1 rrom for tmvol and othc.:r approved out of pocket expenses) • not only looking aner a close relative

An employer can only 11pply fur a check tfthejob or role i~ eligible lor one. They must tell1he dpplicant why they're being checked ami where they can get tndc:'Pendenl advice.

A DBS check ha.s no official expirY date Any informntlun included will he accurate at the wnc tho check wns curried our It is up to an employa to Jc••tle tf ami when a new check is needed.

i\pfllicants anJ employer.; cun use the 1>11<; upd.llc ;,!n • r~ to keep a ccntficale up Ill elate or carry out checks on a potentinl Ct11ployo.:c's certilicnLc.

h ttps :// www. gov. uk/ disclosure-batTing-servi ce-ch ecklprint 28/08/20 14

Disclosure and Barring Service (DBS) checks (previously CRB chet.:ks) - GOV. UK Page 2 of7

2. Documents the applicant must provide l'he Crinunol Records Burcau (CRB) and I he lrldependcnl Saf\:guarding Autboril}' \[SA) have mlll'ged 1111\1 I he Dlsdosure untl Barring Sc1 vice (DI3S). CRI:I checks ore now !.'UIIed DBS checks.

The person gomg 1brough a DBS check (I he apphcum) muSt gave thcar employ.r onginnl documents (noa cop~~:s) 10 prove thear adcnuty

The documems necde(l IV ill depend on the roule I he application 1uh~. I he applicunt musl try Ill pi'Ovide dnQum~nts from Rmllc l Cirst.

Route 1

The applic:lOt LtlUst be able to sbow:

• I documeo1 from Group I, below • 2 further documents &om tither Group I, or Group 2a or 2b, below

AI lea.~1 I of' the documents must show the upplicant 's current address.

Route 2

If the applicu nt doesn' t huvc any of the documents an Group I, then they must be able Ia show:

• I docuiilllnl li'om Group 2a • 2 further documents &om eilher Group 2a or 2b

AI leHSt one of the docurncnts muSl show tbe applictull's current address. The orgomsauun conducting their 10 check must lhen also use an appropriate exlemal lD vulidutioo service to check th~ applirouon.

Route 3

Houle 3 can only be used if' it's impossible to pa'Ocess the application through Rou tes t or2.

For Route 3, tbe applicant must be able 10 show:

a birth ceniticu1e issued aJ\cr the ti mt: ofblnh (UK and Chnnnel lslnnds) • I document from Group2u • 3 t\Jnhf.!f documents li'on1 Group 2a or 2b

At k-as1 one of the: documents m\ISt show I be applicant's current address. If 1bc applicant cnn 't provide these dOI.'Uillents they may need 10 be fingerpnnted.

Continuation sheets

Tbeapplicantcan<hlwnlood a [Jih wmanumton shwt foraddiuonol mformalaon they can't fit on tbeD6S application form.

Unusual addresses

The applit.:aol mus1 make sure tbey Jill an the address pan of1be tonn correclly if they have an unusual addn:ss, eg if they live abroad, 111 studern uccommoduuon or a bostel.

l lti\V Ill C(llll!llct~ Ute :tDQII t';ltl(m form tt' l't•u lmve an unusu:.tl uddrt:ss 1 PDF, I C)tJ!)I})

Group 1: Primary identity documents

Oorumcnt Pusspon 13tomctric residence permtl

Ally currco1 and valid pas~ort

UK

N!)tcs

Current driving lic.:oce - pholllcard W>lh paper counterpart UK, Isle of Man, Cho.nnclls lnnds and EU (full or provis lon..J)

Birth certificate- issued atume ofbirth UK and Olann~llslands - Including tbose issued by UK nulbonties overseas, eg embHSsies, High Commissions und HM Forces

Adoption ccnillcate UK and Channel Islands

Group 2a: Trusted government documents

Documcnl

Cwrent drivmg licence photocard (if you were issued a paper ~oun~~trpan but don't give il ln your chc:cker)

Current driving licence - paper version

Birth cerlificale - issued ui\'T time of birth Marriage/civil pnnncrship certificate

HM Force~ 10 card

Fircanns lictiiCt:

All driv•ng h~-cnccs must be l:i!!!!!

https://www.gov. uk/disclosure-barring-service-check!print

:-Joles

All counHies (full or provisional)

UK. Isle of Man, Chunnd lsl:mds and EU (full 01 provtsionnl)

UK and Channel Islands

UK and Cbannel Islands

UK UK, Chunnel lslunds and Isle ol' Mnn

28/08/2014

Disclosure and Ban·ing Service (DBS) checks {previously CRB checks)- GOV.UK

G roup 2b: Financial and social history documenrs

Document

Mnngage statement

Bunk or build tog society ~ratemeni

Oank or t>urldtng smaay account opening.conlirmatton letter

C'rcdit uard stolement

Financial stotcmcnL. eg pensiOn or endowment

P45 or P60 statement

rouncil Tax suucmcnt

Work petmit or visa

Leiter ofsponsoJShip from 1\uure employment provider

Utility bill

Benefit statement, eg Chtld Benefit. Pension

C"entml or local govcmmt:nt, government agency. or local council document gtvtng t'nlll lcment. cg rrom tile Department lor Work ond PenstOns, the Employmenl Service, HMRC

EU Nationa!ID card

Cards carrymg thei'ASS accreditation logo

UKor EEA

UK and Channel Islands or C:EA

IlK

UK or EEA

UK

UK ond Channel Islands

UK and Channel Islands

UK

Nun-UK or non-EEA only· valid only for applicaniS residing outside of the UK at lime of application

UK - not mobi le telephone bill

UK

lJl( and C'huoncl Islands

UK and Channel Islands

Page 3 of7

Issue dttte and volldlty

Issued m last I! mnnth~

Issued in la~t 3 months Issued in lasr 3 months lssuw in lust 3 months Issued In last 12 months Issued in lust 12 months

Issued rn last 12 months

V~ l id Ui>IO expiry dale

Must still be valid

Issued in last 3 months Issued in Ia.~• 3 months

lssuai in lust 3 months

Must still be valid

Must stil l be valid

Lefler !Tom head teacher or college pnnctpal ~K. ror 16to 1_9 year olds 111 full time education -only used Must still be 111 cxcepnonal ctrcumst;mccs tf other documents cannot be valid omvrded

3. Arranging checks as an employer The Criminal Records Bureau (CRB) and the Independent Saleguarding Authority (fSA) have mergecllnto the Disclosure and Barring Service (OBS). CR.B checks are now called DBS checks.

As an employer, you should only arrange n DBS check on a successful job applicant. You can withdmw a job offer if! he results show anything that would make the applicant unsuitable.

Fewer than 100 checks a year- use an umbrella body

You can 't rcgtster directly w11h DBS. Instead, usc un t•!!lhrdl,t h"J\.

More than 100 checks a year- register with DBS

Rcgt;;tcr wtth I >115 ·this costs £300, plus £5 for each add it tonal 'countersignalory' (pcoplt: in your organisation who are allowed ltl handle DBS applic:u lons),

You can Ll1a1 1mck mull tnle npph\!!lt\111' ami !lr•ler hlnnk t\pphprion IC.rms <mlith~

ro change any oft he registration derails, sL-nd a lenc:ron company lcucr headed paper to [)11~. Include the n:gtstralion number and each coumcrsignatory '~ Stgnnrure.

Rugistered organtsations must also toTiow the Dtl'\ .:pd< ttf plll<' ltc<"

DBS no longer aulomaucally sends a copy ofthe certificate to a registered orgmtsation. You need to ask I he applicant to see the certificate.

More than 1,500 checl<s a year- use the bull< service

You am use the DBS e-hulk ~Ct'\oc~. whtch may helpreducecostsand waiting tnncs for DBS checks.

Find t>Ln h'"' !t• ~"!<tcr '"'" ~-hulk ~~'' ICI'' and get a hst of approval e-brokers (oliertng their e-bulk plat limn for use by olh<-T r<:gJStcrcd hodtes).

Checks on carers

Employers pl"('lvidrng care services for adults- eg in u ~:ore home · can use a St:TVtce called OB:-. Mlttltltr•a

Thts will conlirm, usuaUy withtn1 days, tfthc applicant:

• can stan work, a.~ long as they 're supe!Vised • should wait for the results of an enhanced check

'I he service costs an t:/l l·ra £6.

https :/ /www. gov. uk/disc!osw·e-ban·i ng-service-check/print 28/08/2014

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Employers in Scotland or Northern 1 relaud

Employers in Scotland can get 3 ~riminul n.-cords check from Utst•!u>urt! St'<ltl.tnd , while employ~s lo Nonhem lrc!und should go throut~h A'ces~ N!

Overseas applicants and UK applicants wbo lived abroad

You can ask appltcunts from over.oe:~s to I:C:I a cnmmnl records ch~:ek. or 'Ccntlicate of Good Chamctcr', ti'om their country ur orlg tn.

It may ubo be possible m ga sucb a ~heck through the relevant embas:;y in the UK but the applicant must gtvc thetr permtsston

Processes for gettin~,: ''t'1111111JI r.:cmJs ch>~ks :tbro:tJ vary between count des.

Employing ex-offenders

You must have B policy on employing ex-offenders if you carry out criminal records cbecks. You muSt show the policy to any applicant wbo asks for tt.

Downlofld 3 ;,LIITI!l!C uol~ev 011 lit> [\!CfllltD!Iill! vr el\·l)!'ic!ldl-r.:.

4. Tracking the application and getting a certificate The Criminal Records Bureau (CRB) und lhc Independent Suleguurding Aulhurity (I SA) buve tnergcd ioto the OiSdosw:e and BaiTing S~rvtce (DBSJ. CRB checks are now called DBS checks.

The person being given a DDS check {the uppticam) cnn check on the progress oflbeir application using the nus lmd..tnsqcrvlcc.

Employers c:.ao irad; mulnole UJ>Jllic~tton'

The applican~ employer and organisation thtl! applied for the search will see the results of the check.

lt's oot po~sib! e to access the Lll:i$ uodalc i~r,~cc through the tracking service.

DBS certificate

Once the check is completed, DBS will send D. cenificate listing the results to the applicant> The employer will buve to ask the applicant to ss:e the ccqjlku~ .

Security features

Cenilicau:s have security features to prove they're genu me, mcluding:

a 'cr(lwn seal' watcnnark repeat•"<~ down the nght side, visible both on the surlilce and when held up to the ltght a backgmund design featuring the word 'Disclosure' , which uppears in u wave-like panem ucross both sides uru ccntticate; the pnttcm's colour ah~'nlates between blue and green on the reverse ink and paper that change colour when wet

The secudty features for a CRB c;:rtiiicnte issued before I December 20 12 nrc the same as tort he DBS cenificute.

Reusing a DBS check

A DBS cenificatc only contains intbrmation from a DBS check on a cenalo date and lor u particular purpose.

Employers can accept a pn:v10usly issued cenifica\e but mw.1:

c!Jeck the applicant's identity matches the details on the~ertificate check the ucnificate is of the nghtlevel and type lor the ro le applied lor carry out a free-of-charge ~latus check to see if new inlormatioo bas come to light shlce the Cl"'"tilicate's issue; the upp!icnnl must have already joint:rl the DOS 1101latc scr•o1·c

Employcl's can aoccpt a previously issued cenilicatc without a ~liltll~ chcd .. but al thei r own risk.

C'RB-brJndcd cc:rlilicates shuukJ be trt:atL"CCtbe Slime as Dl::IS-brando1 centticates.

Lost cer tificates

DBS can 'I provo de replacements for lost or destroyed ccniticates

5. DBS barred lists The Cntmnal Records Bure:~u (CRB) and the lm.lependent Sati::guarding Authonty (!SA) hnve merged mto the Disclnsun: and Barring Service (DUSI. CR.B checks w·e nu.w called DBS checks.

Job~ that mvolvecanng lor, supervising or bemg in sole charge ofcl11ldren or adults may require an ·~•hanu:d Dl:lS ch~-ck with u check ufthe bam.'t.l lists.

rhos wtll ch~ck whether someone's included 111 the 2 D~S 'barred lists' (prevtous!y called !SA barred lists) of individuals who are unsuuable for workmg with:

• ch1ldren • uduhs

People on the barred lists can't do cenaiotypcs of work.

Th~re nrc specific rult:s lor workmg m places where th,,-c are children· known a~ working in a rc·~ula[cJ :t.:-t i\'tl> "tth children.

Theso urc diflerentillOII the ru les lor r~gul at~d .ottivjtJ~S hlr JtltJ!i'

https://www.gov.uk/discJosUI·e-bat-ring-service-checkJprint 28/08/20 I 4

Disclosure and Barring Service (OBS) checks (previously CRB checks)- GOV. UK Page 5 of7

h 's ogotnsllhc Ia\\ for employers to employ someone or allow them to volunteer fnr this lnrtd of work if they ~nuw they're on Cine ofth~ barred hm.

Refer someone to DBS

l"ontoclthe bamng hclplinc for help referring someone to DBS.

nos barrtn~: hclpllne Tdcphone; 0 I J25 95)7')5 twJ t>ut ubvl(l ~uti £hurg..:>

Employen. must rd.:t -..>ms•nn~ 111 DB!> if they:

sackoo them becouse thev hurrned someom: • sacked them or removed-them from working tn 1 \!.\Uiat~d uctivlt\ because they mtght hove harmed someone • 1verc piMning to sack thetn for either of th~e reasons, buL they resigned first

You're breakrng the law tfyou don't refer ~omeone tn DBS when you should.

6. Appeals and dispu tes Tile Criminal Rc:oords BurCIIU (CRB) and the Independent Safeguarding Authonty (ISA) have merged into the Di~closure nnd Barring Service IDI3S). CRR checks are now called DBS checks.

Applicants (job candidates) ond employers may boLb be able to appeal against o barring decision following a check. The decision could be chBilged iflhe appeal is successful.

Appeal against a mistake

You can appealtfyoubeltcve there's beCit3 mtstake 10 ctther.

• the records provided, like wrong or irrelevant to formation on convictions • personal infollllution,l!kc a nome or employer 's details

Applicants can appeal their own DBS check. An employer or licen~ing authority can also appeal a DBS check if they've talked to the applicant first.

11te police may ask for l:inycrprints to prove identity if there's n mistake in the ri..'Cords.

How to appeal

Repon the tnistnke within 3 mon ths of issue of the DBS check certificate.

for mistakes in records

Pill in the ,·cotfic;Hc dispy!l' fOrm,

for mistakes in personul informutlon

Fill in Section 1\ of the ~crtofocate Jt~pllt~ ltlnn, or call the DBS customer services team and stlect option 2.

Appeal against a DBS update service ccrtiticate change

Call cusromer services if yon subscribe 10 the [lBS urd,tt•• ::ervocc and want to dtsputethe status of a cenilicatc. They')) se.nd out the fnnns you need tn appeal agoin~t a cert iricote status.

IJlsclusurc cuswm~r services Telephone: OR70 909 OR II t md tlut abuut ,·,til ~hun·.:~

Send the forrn to:

ons Dispu.tes Customer Services FREE POST RTJflJ. I'RJY-KSHY PO Bmc 165 Liverpool 1..69 3JD

Independent Monitor review

DBS willworl(- wtth the police tn make a dcmion ahoul your appeal If the police don't agree there's a mtstulcc, the appcJI will be relerrcd to the lndq>enuent Monttor only tfthc n~.tecltnn ts thnt mforrnation is:

• not relovant to the f)Osition app lied for • should not be included in the c.:rtilicate

The enhanced certificate will be corrected 11' the lndep<:ndern Monitor agroos with your appeal.

You m~st nll':r ;t dtsouh~ wtl!t L>HS before a referral lo the Independent Monitnr is made.

Contact the Independent Munilor tn•!•1~'11<1<'01Monot••t diCitn~o•lliu: gso •;.-• ,,J.

lnucr emJunt Mortnor Snfcguardi11g unrl l'ublic Protection Umt

https://www.gov.uk/disclosure-barring-servicc-check/print 28/08/2014

Disclosure and Baning Service (DBS) checks (previously CRB checks)- GOV.UK

Hom~ Otlice 4th Floor Fry Burltfing l Marshum Street London SWIP4DF

Appeal against a new barring decision

Page 6 of7

You can appeal to u tribunnlto reverse a new oan·ing list decision. The tribun:JJ moy 1'ernove sotn<Xlne from the ban·ed list il' it agrees, onder you buck to DDS for a funher tlcc1sion.

you coo appeal i r:

you were automatically added lo llo,vlrlg o relevant caution or conviction • you believe DDS has made a legal mistake • DBS barred you based on information thm was wrong

It's up tu t h~ tribunal whether they hear your appeal.

Comactrhe Upper Tribunulto appeal ugawst a new barring decrsron 10 Eoglaod 01' Wales.

L'pper Tribun:ll !l,lrtHtlaJ>IM[I~1<i{hmct S.QSI.KIW qk felephone: 020 707 1 5662 Fax; 020 7071 .566.1 f'r!l<l outubour cllll ch:1rge$

Administruhve Appeals Chamber Sill ['loor Rolls Building 7 Rol ls Buildings Fcner lane london EC'IA INL

Contact the Care Tribunal to ~ppeal against a new ban·ing deci~i onln Nurlhcm lrelnntf.

Cwre Tribunal in Northern Ireland .:art'mhuna!litlctlunsn!.gO\ 11k Telephqnc: 028 9055 2773 rjnd oyt ub,ntl cp l! ~llargc5

Room 04, DHSSPS Cast le Buiklrngs StOJ1n()nt Belfast BT4 3SQ

Appeal against being on the barred list

You can ll.!lk DBS to review this it:

you were S\ltomatically added following a relevant caution or conVICtion • you believe DBS hus made u legal mistake • DOS barred you bused on infotmation thm wus wrong

You can also ask for a review if your circumstances change after the minimum bnrn!d period.

The minimum barred p<.:riod is:

Age MlniJnum barr~d period

Under 18 I year

I S to 24 5 years 2 5 ur over I 0 years

Evrdcoce for t:hangt'd t:rrcumstanccs •ncludes mu.hcal reports, suc~slully appo:ahug again~t o conviction and speCialist as~ments

It's up to DUS w•hether they choose to rev iew.

Contact DBS to ask lor a revrcw.

DBS barring be lpline r'elepbone: 01325 953 795 I •nu uut ,,ll(ltll .:all char:,:,~:>

Appeal against the outcome of a DBS review

You can appeal to a rrlhun ul if you uskcd DBS to t-evtew a barr ing ltst Jecision, nnu D8S .:lther

• refus<XIto conduct o review • decided to krep someone on tbe barred list ufier a revtcW

The: tribunal may remove u person from the baJTeJ hst if it agrees wilh the appeal. It's up to the tribunal whet he•· they hc11r the appeal

Cumactthc Upper Tnbunalto appeal agatnst a DBS bnrr~'tlllst revt= 111 England or Wales

Upp~r Tribunal ;hi1 UUJ:tl)l)l.'~l btt ,hHl~t?. l.'5 1 l.!.l'V 11J..

Tdcphone: 020 707l 5662

https:/ /www .gov. uk/disclosure-barring-service-check/print 28/08/2014

Disclosure and Barring Service (DBS) checks (previously CRB checks) - GOV. UK Page 7 of7

fax: 020 7071 5663 l·lttu out al>qul ,·ull >hllrf!o'

Adminastmuve Appeal~ Chamber 5th Floor Rolls Building 7 Rolls Buildings Feuer Lnne London r:c -lA I NL

Contact the Care Tnhunalto appe:!l agamst a OBS barred list review tn Nnnhem Ireland.

Care Tribunal curctnhuthtl ii-coun~nt co~.ul. Telephone: 028 9055 2773 Find llltLabottt d l chan:c$

Room 04. DHSSPS Castle Buildings Stormont Belfast f3T4 JSQ

General enquiries

Disclosure customer services ~u~lt•m~ r'itlr' tC<!'i!ff)dhs P>t. gu' .ttl.. Telephone: 0870 909 08 1 I Minicom: 0870 909 0344 LHnell Ciymrocg: 0870 !Xl9 0223 (Welsh langunge) F mJ c•ut Jbl.tut call t h,m, ... ..,

7. Contact the Disclosure and Barring Service The Criminal Records Bureau (CRB) lllid the Independent Safegunrciing Authority (lSi\) have merged into the Disclosure and Barring Service (DBS). CRB checks urc now called DBS checks.

Tracking an application

Employers and apphc3nts can use tht: UBS tr;tc~mr; ~qvtc~ to check the progress of an application.

Disclosure belpline

Contact the disclosure customer serv1ccs uepnrtmcnt with any questions.

If you send on email include tbc full name, uddress, telephone number and any DBS reference numbers

Dl~closure customer sen •ices \! Ubl(,q!CCSft'f\ ICc:!} tl dh~.WH. f!O\ ilb Telephone: 0~70 909 08 I I Minicom: 0870 9090344 I· tnci '"" ahnll t ':111 charQC!-

Transgender applications

Contact the DBS sensitive upplicntions team if you're atransgendcr applicant and you don 'I wunt to revea l details ofyollr pn;:vious identity ton potentta l employer.

OilS se n ~ lt1ve appllcadons team :-.t:n.:~ll l\ ... (1 <Jh:- u~• ;;,,., uk

Sensitive applications team Customer StTVIces

PO Box 165 Liverpool L69 JJD

Last updated. 12 August 2014

https :/ /www. gov .uk/ disclosure-bam ng-servi ce-check/pri nt

© Crown Copyright

28/08/2014