31.1  Criminal Records Bureau

The Contractor shall procure that in respect of all potential staff or persons performing any of the Services [(other than Relevant Employees/Transferring Employees155)] (each a Named Employee) before a Named Employee begins to attend the Site[s] 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; and

(c)  a copy of the results of such check are notified to the Authority.

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155  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[s] 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" (i.e. 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 32.1 (Maintenance of Manual).