COVID-19 Emergency DBS Checking Service Schedule
In this schedule, the term “Service” refers to the COVID-19 Emergency DBS Checks and fast-track barred list check service offered by Personnel Checks. This Service Schedule applies if the Approved Services on the New Account Onboarding Form belong to the DBS Checking Product Family.
1. SERVICE DETAILS
1.1. Personnel Checks will process Disclosure Applications as set out in this section
1.2. Where the application process is complete the DBS information will be sent to the nominated Recruitment Decision Maker to make a recruitment or suitability decision.
1.3. On your New account Onboarding Form, it will be indicated how The Customer will complete their application process and how Applicants shall have their ID documents verified.
1.4. The Company hereby grants to the Customer a non-exclusive, non-transferable licence to permit it, or if the Customer is a corporate entity, its Authorised Users, to use the System during the Contract Term solely for the Customer's personal or internal business operations.
1.5. Subject to the provisions of the CSA, the Company shall use its reasonable endeavours to meet any specified performance dates and times, but any such dates and times shall be estimates only and time shall not be of the essence for performance of the Service.
1.6. The Company warrants (subject to the other provisions of the Agreement) that the Services shall be provided in accordance with the DBS Code of Practice.
1.7. The Company is not responsible for the time taken for any Disclosure Application or delay due to a change in the Code of Practice.
1.8. The Company shall use commercially reasonable endeavours to provide the System and any Web Pages throughout the period of the Agreement subject to:
1.8.1. planned maintenance;
1.8.2. unplanned essential maintenance;
1.8.3. any failure of the System or Web Pages.
2. CUSTOMER/APPLICANT OBLIGATIONS
2.1. The Customer shall comply with all provisions of the DBS Checking Service Terms of Use (as amended from time to time) that apply to the provision of the Service.
2.2. The Terms of Use reflect the requirements of the Company, third party system providers and regulators, they may be updated from time to time and should be checked regularly.
2.3. The Customer shall ensure that all Authorised Users, Recruitment Decision Makers and/or ID Verifiers comply with the Authorised User Requirements that apply to the provision of the Service.
2.4. The Customer shall ensure that Disclosure Applications are only submitted in accordance with the appropriate eligibility criteria stipulated by the DBS for relevant positions of employment and reimburse the Company for any additional charges incurred, or payable by the Customer, where the Customer has failed to correctly fulfil this obligation;
2.5. The Customer shall authorize Personnel Checks to communicate Applicant names alongside payment receipts and invoices.
2.6. The Check Creation Method is indicated on the New Account Onboarding Form
2.7. Where the Customer has subscribed to the Check Creation Method: ‘Self-Service’, the Customer must:
2.7.1. acknowledges that it, rather than the Company, shall be solely responsible for creating applications on the System;
2.7.2. when creating applications using the Self Service Tools within the System the Customer shall ensure:
2.7.2.1. only eligible applications will be created and no invalid or ineligible applications will be applied for that are not required for the client organisation to make a suitability or recruitment decision on that individual;
2.7.2.2. the correct barred list searches will be included to be searched within the application and will meet eligibility to include these;
2.7.2.3. the correct Workforce will be selected depending on the applicants’ job role;
2.7.2.4. the correct level of check will be requested in accordance with DBS eligibility.
2.7.3. Subject to the provisions of the CSA, the Company will, with respect to Self Service Tools:
2.7.3.1. set up the Customer’s access to the Self Service Tools and provide each Authorised User with a username and password to access the Self Service Tools;
2.7.3.2. provide access to an online Application Form to enable Authorised Users to enter application data into the System via the Self Service Tools;
2.7.3.3. provide reports on a chargeable basis for the Customer to review data for the purposes of quality checking and to verify as correct;
2.7.3.4. check and verify the data in the Application Form once the Customer has completed the Application Form and transfer the data to the DBS
2.7.3.5. confirm and update receipt of Disclosure results within the System;
2.7.3.6. notify the Customer of any queries received from the DBS via the System;
2.8. Where the Customer has subscribed to the Check Creation Method: ‘Managed Service’, as indicated on the New Account Onboarding Form, the Customer acknowledges that if the Company receive a request to cancel an Application that has begun but has not yet been sent to the DBS to be processed, the Customer acknowledges that a cancellation fee of £10.00 + VAT may be applied.
3. CHARGES
3.1. The Purchase Method will be indicated on your New Account Onboarding Form.
3.2. Where the customer has subscribed to the Purchase Method: ‘Applicant Pays’;
3.2.1. The Applicant shall pay the Application Fee and any other Fees that are payable to the Company. The fees charged to the Applicant are charged on behalf of the Customer and received by the Company as payment for the Services from the Company. All fees received by the Company from the Applicant shall be retained by the Company.
3.3. Where the customer has subscribed to the Purchase Method: ‘Standard, Credits or Monthly Invoicing’;
3.3.1. The Customer shall pay the Application Fee and any other Fees that are payable to the Company.
3.3.2. the Company reserves the right to obtain a credit reference check on the Customer prior to providing the Services. If such a check is not satisfactory in the opinion of the Company, the Company shall, without any liability to the Customer, be entitled to terminate the CSA with immediate effect, in which case the Company will refund to the Customer any Charges already paid by the Customer under the CSA.
3.3.3. If an invoice is required in the Services and Charges Sections it shall be raised and the Charges shall be paid to the Company in accordance with the requirements set out in the Services and Charges Section. Any interim payments which are to be made under the CSA shall be made in the amounts and at the times stipulated.
3.3.4. No payment shall be deemed to have been received until the Company has received cleared funds. In the event that any payee tenders payment by cheque and said cheque is returned unpaid to the Company, the payee shall reimburse the Company for any bank charges incurred by the Company.
3.3.5. All payments payable to the Company under the CSA shall become due immediately on its termination despite any other provision.
3.3.6. All payments due under the CSA shall be made in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the payor has a valid court order requiring an amount equal to such deduction to be paid by the Company to the payor.
3.3.7. If a payor fails to pay the Company any sum due pursuant to the Contract, they shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5 % above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment.
3.3.8. Where a payment is due from the Customer, any failure by the Customer to pay the Company any sum within 30 days of the due date for payment shall entitle the Company, at any time and without notice to the Customer and without limiting any other remedy available to the Company under the Conditions, the CSA, or otherwise:
3.3.8.1. to disable any password, account and access to all or part of the Services provided to the Customer and/or to suspend or cancel the performance of the Services;
3.3.8.2. to treat the CSA as having been repudiated by the Customer;
3.3.8.3. to terminate the CSA; and
3.3.8.4. to terminate any other subsisting contract with the Customer.
3.4. Where the customer has subscribed to the Purchase Method: ‘Standard’
3.4.1. Payment will be made in advance prior to setting up new applications. Payment can be made by card over the phone, BACS or cheque on pro-forma invoice.
3.5. Where the customer has subscribed to the Purchase Method ‘Credits’
3.5.1. System credits will be purchased in advance. Personnel Checks will debit your account each time a check is submitted for processing.
3.5.2. System credits can be purchased in batch numbers
3.5.3. Once credits have been purchased, they are non-refundable.
3.5.4. Credits will expire and can no longer be issued after 2 years.
3.6. Where the customer has subscribed to the Purchase Method ‘Monthly Invoicing’
3.6.1. Personnel Checks will send the Customer an invoice at the end of each month for all applications that have been countersigned and sent to the DBS for processing within that month. Payment is due on receipt of the invoice.
3.7. The Company reserves the right to vary the Contract Charges by a fair and equitable amount as necessary to reflect any changes to the Services which may be required following a DBS Procedure Change.
3.8. The charge for this service by Personnel Checks is indicated on the New Account Onboarding Form.
3.9. The DBS Fee is set by the DBS, and is subject to change at the discretion of the DBS. The Company reserves the right to immediately pass on any change in the DBS Fee to the payor but the Company will use reasonable endeavours to inform the Customer in advance of any change to the DBS Fee.
3.10. All Disclosure Applications are non-refundable.
3.11. The Company shall be entitled to increase the Application Fee upon 30 days prior notice to the Customer.
3.12. The Fee is payable even if an applicant declines the offer of employment. If the check has been completed or has been sent to the DBS to be processed, the fee is non-refundable.
3.13. Fees will become due and are not refundable when a DBS check has been submitted to the DBS.
3.14. The Fees due are payable even if an Applicant declines the offer of employment or licence. If the check has been completed or has been sent to the DBS to be processed, the Fee is non-refundable.
3.15. The Company shall be entitled to increase the Application Fee upon 30 days prior notice to the Customer.
4. COVID-19 DBS CHECKS ELIGIBILITY
4.1. The following list of roles can receive emergency DBS checks and a fast-track barred list checks is taken from The Serious Organised Crime and Police Act 2005 (Commencement No. 16) Order 2020. The Customer will only request and submit emergency DBS Checks and fast-track barred list searches for positions listed below;
4.2. A fast-track barred list check will be provided in relation to an application made:
4.2.1. by a person who is registered, or who the Registrar is considering registering, as a nurse, midwife or nursing associate (individually or as part of a specified group) under article 9A of the Nursing and Midwifery Order 2001 (temporary registration in emergencies involving loss of human life or human illness etc);
4.2.2. by a person who is registered, or who the Registrar is considering registering, as a member of a relevant profession (individually or as part of a specified group) under article 9A of the Health Professions Order 2001 (temporary registration in emergencies involving loss of human life or human illness etc);
4.2.3. by a person who is registered, or who the regulator is considering registering, as a social worker (individually or as part of a specified group) under regulation 12A of the Social Workers Regulations 2018 (temporary registration in emergencies involving loss of human life or human illness etc);
4.2.4. by a person who is registered, or who the registrar is considering registering, as a social worker (individually or as part of a specified group) under section 83A of the Regulation and Inspection of Social Care (Wales) Act 2016 (temporary registration in emergencies involving loss of human life or human illness etc);
4.2.5. by a person who is registered, or who the Registrar is considering registering, as a fully registered medical practitioner (individually or as part of a specified group) under section 18A of the Medical Act 1983 (temporary registration with regard to emergencies involving loss of human life or human illness etc);
4.2.6. by a person who is registered, or who the Registrar is considering registering, as a pharmacist or a pharmacy technician (individually or as part of a specified group) under article 34 of the Pharmacy Order 2010 (temporary entry with regard to emergencies involving loss of human life or human illness etc);
4.2.7. for the purposes of considering the applicant’s suitability for employment for the purposes of providing, or being engaged to provide, NHS health services or social care services* (see definitions at the end of this annex) in connection with, or in consequence of, the provision of care or treatment to a person who has, or is suspected of having, coronavirus disease as defined by section 1 of the Coronavirus Act 2020, whether or not in respect of that disease.
4.2.8. from a person who is approved by the appropriate authority, or who the appropriate authority is considering approving, as an emergency volunteer in health or social care under section 9(8)(a) of the Coronavirus Act 2020.
4.3. Definition of NHS health services and social care services:
4.3.1. “NHS health services” means –
4.3.2. (a) in relation to England, any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 (Secretary of State’s duty to promote comprehensive health service); and
4.2.3.1. (b) in relation to Wales, any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 (Welsh Ministers’ duty to promote health service);
4.3.3. “social care services” means –
4.3.3.1. (a) in relation to England— (i) adult social services as defined in section 97(1) of the Health and Social Care Act 2008 (general interpretation) and services which are the same as services which could be provided by a local authority in exercise of any of its adult social services functions as defined in section 97(1) of the Health and Social Care Act 2008, whoever provides them; and (ii) services provided or commissioned in relation to children by a local authority in the exercise of its social services functions as defined in section 1A of the Local Authority Social Services Act 1970 (meaning of “social services functions”) and the duties described in sections 23C to 24D of the Children Act 1989 (duties in relation to relevant former children and other young persons);
4.3.3.2. (b) in relation to Wales, services provided or commissioned by a local authority in Wales in the exercise of its social services functions as defined in section 143 of, and Schedule 2 to, the Social Services and Well-being (Wales) Act 2014 (social services functions of local authorities) and services which are the same as services which could be provided by a local authority in Wales in exercise of any of its social services functions, whoever provides them
APPLICABLE DEFINITIONS
Applicant: means an individual who is the subject of or makes an Application.
Application Fee: means the fees payable as specified in the Charges
Application Form: means the form which an Applicant must complete for the purposes of a Disclosure Application;
Approved Service: means the Service or Services which Personnel Checks have agreed to deliver to the customer;
Authorised User: means an employee or agent of the Customer who is the person or one of the people within the Customer’s organisation registered with the Company (as required by the Company) for access to data from the Company via the Online Account. Personnel Checks will only be able to exchange information with the named Authorised Users;
Check Creation Method: means they method by which Disclosure Applications will be ‘set-up’;
Code of Practice: means the DBS’ code of practice for registered persons and other recipients of disclosure information through the DBS checking service;
Contract Term: means the period of the contract for the DBS Checking Service
Counter-signatory: means the person or people within the Company who are registered with the DBS to electronically and physically countersign Disclosure Applications;
DBS: means the Disclosure & Barring Service or Disclosure Scotland, as appropriate;
DBS Fee: means the fee charged by the DBS for processing a Disclosure Application;
Disclosure: means the disclosure result issued by the DBS in respect of the Applicant once a DBS check has been completed and/or the disclosure result issued from a Screening Check;
Disclosure Application: means an application made for a DBS check, a DBS Adult First Check or Disclosure Scotland Check;
ID Verifier: means Authorised User responsible for verifying the identity of applicants prior to a Disclosure Application by following the current guidelines issued by the DBS;
Paper Service: means a paper-based service (as distinct from the Online Service) for the submission of Disclosure Applications;
Product Family: means the group to which the service belongs;
Purchase Method: The purchase method indicates how The Customer will procure Services from Personnel Checks;
Recruitment Decision Maker: the nominated Authorised User’s who are responsible for receiving notification of the result of services to help them make a sound recruitment or suitability decision;
Registered Body: means an organisation which has satisfied the DBS’ conditions of registration and has registered directly with the DBS to use its services;
Self Service Tools: means the elements of the System (including third party systems) which may be used by a Customer to submit DBS checks itself;
Web Pages: means any online resource specified in the New Account Onboarding Form as being made available to the Customer;