25.1.  Criminal Records Bureau

25.1.1.  The Service Provider shall procure that in respect of all potential staff or persons performing any of the Services [(other than Relevant Employees/Transferring Employees19)] (each a "Named Employee") before a Named Employee begins to attend the Authority's Premises 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)  to the extent permitted by Legislation or Guidance a copy of the results of such check are notified to the Authority.  

25.1.2.  The Service Provider shall procure that no person who discloses any Convictions, 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).  

25.1.3.  The Service Provider 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 whose previous Convictions become known to the Service Provider (or any employee of a sub-contractor involved in the provision of the Services).

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19  The Service Provider may wish to exclude the Relevant Employees who transfer under TUPE from the obligations in clause 25 (Employees).  If the Authority is unwilling to agree to this, the Service Provider 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 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 25.1 (Criminal Records Bureau).