31.1  Criminal Records Bureau

31.1.1  The Contractor shall procure that in respect of all potential staff or persons performing any of the Services [(other than Relevant Employees/Transferring Employees232)] (each a Named Employee) before a Named Employee begins to attend the Sites to perform any of the Services:

(a)  each Named Employee is questioned as to whether he or she has any Convictions; and

(b)  the results are obtained of a check of the most extensive available kind made with the Criminal Records Bureau in respect of each Named Employee;

(c)  the results are obtained of a check of the most extensive available kind made with the Independent Safeguarding Authority in respect of each Named Employee; and

a copy of the results of such checks as are referred to in clauses 31.1.1(b) and 31.1.1(c) are notified to the Authority.

31.1.2  The Contractor shall procure that no person who appears on a Barred List following the results of an Independent Safeguarding Authority check shall be employed or engaged in the performance of the Works or the Services.

31.1.3  The Contractor shall procure that no person who discloses any Convictions or ASBOs, or who is found to have any Convictions following the results of a Criminal Records Bureau check, is employed or engaged without the Authority's prior written consent (such consent not to be unreasonably withheld or delayed).

31.1.4  The Contractor shall procure that the Authority is kept advised at all times of any member of staff who, subsequent to his/her commencement of employment as a member of staff, receives a Conviction or ASBO or whose previous Convictions or ASBOs become known to the Contractor  (or any employee of a sub-contractor involved in the provision of the Services). For the avoidance of doubt, in the event that any member of staff is subsequently added to a Barred List, the Contractor shall procure that such member of staff is immediately removed from the [Sites] and shall cease to be engaged in [the Works or] the performance of the Services.

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232  The Contractor may wish to exclude the Relevant Employees who transfer under TUPE from the obligations in clause 31 (Employees - General).  If the Authority is unwilling to agree to this, the Contractor may seek suitable assurances from the Authority that those Relevant Employees do not have any outstanding convictions, that all necessary checks have already been carried out and are up to date, and that they are not individuals who the Authority will seek to exclude from the Site or from carrying out the Works or Services. Note that the definition of Relevant Employees includes employees of any existing sub-contractors.  Authorities may consider limiting any exclusion it is prepared to give to "Transferring Employees" (ie only Authority employees who transfer) unless the Authority has comfort under any provision/indemnity or other legal entitlement it has against such sub-contractors to the effect that the employees of any such sub-contractors who transfer already satisfy the requirements of clause 31.1 (Criminal Records Bureau).