Communities Can Do Fund

1. General

1.1 The Grantee must provide confirmation that their Organisation is properly constituted, such as a set of rules. The Grantee will be asked to provide a copy of their constitution to the council and, where appropriate, their organisation's Memorandum and Articles or equivalent.

1.2 The Grantee must only use the Grant for the Project approved by the council, as outlined in the award letter, and these should be treated as restricted funds in the Grantee's accounts.

1.3 The Grantee is expected to have the following in place:

• suitable operational and financial management practices
• suitable effective organisational governance
• suitable auditable record-keeping systems
• suitable safeguarding practices and/or policies
• suitable relevant employment, equalities, rights and sustainability policies
• all necessary

2. Sound Financial Practice

2.1 If the Grantee is a charity registered with the Office of the Scottish Charity Regulator (OSCR), the Grantee's financial accounting practices should meet, as a minimum, the essential elements and requirements of OSCR (if appropriate), unless otherwise agreed by the council, and it shall at all times comply with the requirements of OSCR.

2.2 If the Grant is more than £10,000 annually, the Grantee will be required to submit financial information to the council, such as their last independently verified or audited accounts, as part of a monitoring process, as required by OSCR or, where this is not available, such other information as agreed by the council. This financial information should be returned each financial year, either by 30 December or such other date as agreed with the council.

If the Grantee is a registered charity, independently audited or examined reports should be provided as required by the governing document of the organisation. This should provide the council with assurance on the governance of the charity.

Constituted community groups that are not registered as charities

3. Monitoring the use of council funds

3.1 The council and the Grantee will each nominate a Contact Person in respect of the Grant to:

• be the initial point of contact on matters relating to their funding relationship; and
• ensure that the agreed monitoring and review processes are effectively managed.

3.2 The council's Contact Person (the "Contact Officer") will, upon reasonable request, be entitled to attend the Grantee Board or Committee meetings, subject to giving advance notice and in an observer capacity, where relevant to the Grant and the Project. Where requested, the Contact Officer must be provided with a copy of the minutes and/or board papers of such meetings, and such other information as the council reasonably requires, where relevant to the Grant and the Project.

3.3 The council is committed to the principles of collaboration and co-production. Co-production means the real and meaningful involvement of the citizens of South

4. Climate Change and Protecting the Environment

4.1 Climate change is the biggest threat facing our planet, which is why South Lanarkshire Council has introduced its Sustainable Development and Climate Change Strategy 2022 to 2027. This strategy calls upon everyone to consider the impacts that climate change may have on development and growth, and how we adapt to and reduce these impacts.

By reducing our contribution to global warming, which is causing our climate to change, we can help minimise these impacts and support more sustainable development. The council therefore encourages its third sector partners and the Grantee to support the Sustainable Development and Climate Change Strategy 2022 to 2027.

4.2 The Grantee should, where possible, have in place, or develop, policies and practices that minimise detrimental environmental impacts and complement the council's commitment to protecting and improving South Lanarkshire's environment for future generations.

5. Equalities

5.1 The Grantee must have a commitment to mainstreaming equalities and rights in accordance with the Equality Act 2010, both in relation to its employment practices for staff and volunteers and in the provision of services. The Grantee should be able to demonstrate, and provide evidence to the council upon request, how the organisation:

• advances equality of opportunity;
• fosters good relations; and
• eliminates unlawful discrimination, harassment and victimisation.

6. Staff and Volunteers

6.1 If the delivery of the Grant involves children and adults at risk, the Grantee must:

• vet staff and volunteers using the national disclosure scheme and provide written confirmation that this has been carried out;
• train staff and volunteers to communicate effectively with clients and be aware of relevant safety issues;
• follow the policies and procedures for making the council aware of any abuse or neglect; and
• be aware of and follow the Prevent Duty Guidance for Scotland.

7. Sponsorship and Publicity

7.1 If offered sponsorship packages that could be considered controversial, such as tobacco, alcohol or payday lending, the Grantee must advise the council's Contact Officer at the earliest opportunity. If in doubt, the Grantee should contact the council's Contact Officer to discuss.

7.2 If the Grantee produces any publicity or promotional information relating to the Grantee, the Grant and/or the Project, including information about events or exhibitions, social media activity, recruitment information or annual reports, this material must indicate the council's support in a manner proportionate to the level of Grant received. This proportionality must also be reflected when listing any other funders or supporters.

7.3 The Grantee must adhere to council procedures relating to the acknowledgement of funding. For example, the council logo, or the words ‘Supported by South Lanarkshire Council’, should always appear on promotional material, websites, online platforms, social media, programmes, annual reports and job vacancy advertisements.

7.4 By prior agreement, the council and the Grantee shall be entitled to:

• host promotions, photo calls and press briefings at mutually convenient times and locations within the Grantee's premises or at locations related to the Grant;
• issue press releases regarding aspects of the funding relationship at any time during the Grant Period; and
• work closely with the council's Corporate Communications Team to identify mutually beneficial promotional opportunities. The council's Contact Officer can provide the relevant contact details.

7.5 During the Grant Period, any press release or other communications activity relating to the relationship between the Grantee and the council must be agreed by both parties before being issued. Any press release or communications activity issued after the Grant Period that relates to activity associated with the Grant must also acknowledge the council's support and provide an opportunity for a council comment to be included.

7.6 Section 2 of the Local Government Act 1986 prohibits the council from publishing any material that appears to be designed to affect public support for a political party. The same section also prohibits the council from awarding funding to organisations for this purpose.

8. Funding Terms

8.1 The Grantee shall ensure it complies with the requirements of the Subsidy Control Act 2022, to the extent required in respect of the Grant.

8.2 To encourage future financial sustainability and a diverse range of funding sources, the Grantee is encouraged, where possible, to seek and secure alternative sources of funding.

8.3 The Grantee must ensure that any assets or equipment purchased or materially improved with the aid of the Grant are fully and properly maintained and are used only for the purpose for which they were purchased.

The Grantee must make any assets or equipment purchased with the Grant available for inspection by council officers upon request. If equipment is misused, not used for the purpose for which the Grant was awarded, or is not properly maintained, the Grantee shall, within seven days of a request from the council, repay the amount of the Grant used to purchase that equipment.

Alternatively, the council may, at its discretion, offset the amount due against any other monies due or to become due to the Organisation from the council.

Assets or equipment purchased with the Grant must not be sold, disposed of or used for purposes other than those approved by the council without first consulting the council.

8.4 If the Project costs for which the Grant was intended are less than the amount awarded to the Grantee during the financial year, any surplus will be treated as follows:

• if the council is providing ongoing financial support to the Grantee, the surplus will be deducted from future Grant allocations;
• if the council has no further funding interest in the Grantee, the surplus will be repaid to the council; and
• the Grantee must notify the council of any proposed variation and/or change of use of the surplus to allow discussions to take place. Any variation and/or change of use requires the council's prior written consent. Failure to obtain consent may result in the council seeking repayment of the surplus.

8.5 The Grant will be paid by the council through BACS directly into the Grantee's bank account once the Grantee has been registered as a supplier.

8.6 Payment of the Grant will be made in one instalment at the beginning of the Grant Period.

9. Breach, termination and variation of the Agreement

9.1 The council acting reasonably and proportionately shall have the right to demand immediate repayment by the Grantee of the whole Grant or any part thereof if there is failure to:

• Give appropriate recognition of the council's support as outlined above;
• Comply with all these Conditions of Grant and the terms and conditions of the Agreement;
• Attend, as appropriate, meetings with the council;
• Communicate in advance proposed changes in the Project, and/or the Agreement including any inability to meet agreed service delivery outcomes;
• Secure the council's prior written notice of any variation and/or change of use in any surplus Grant held;
• Act to deliver the Project; or
• Make decisions or operate systems to the standards not expected by the council in managing public funds.

9.2.1 The Agreement will automatically terminate with immediate effect:

• By reason of fundamental breach, unremedied or repeated default on the Conditions of Grant and/or the Agreement;
• Following a breach of statutory duty;
• If the Grantee acts in such a way as can be deemed as inconsistent with good safeguarding practices to the detriment of vulnerable people who may be involved in the Project, clients, staff and volunteers;
• If the Grantee is in receivership, insolvent or in liquidation (or equivalent situation);
• If the Grantee does anything to bring the council into disrepute; or
• If the Grantee partakes in or is part of corruption or fraud.

9.2.2 In the event of the termination of the Agreement, the council reserves the right to the demand repayment of all or part of the Grant after deducting any costs reasonably and properly incurred by the Grantee in delivering the Project prior to the date on which termination takes effect by.

9.3 To terminate the Agreement, either party must submit a Notice of Termination to the Registered or Head Office of the other party by recorded delivery or registered post.

10. Information Compliance

10.1 For the purpose of this clause 10 the terms “data controller”, “processor” and “personal data” shall have the meaning set out in the Data Protection Legislation.

10.2 “Data Protection Legislation” means all applicable laws relating to privacy and the processing of personal data including the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018 or any equivalent or similar legislation implemented in the UK following the UK's withdrawal from the European Union.

10.3 “Information Legislation” means the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.

10.4 The Grantee must observe their obligations under the Data Protection Legislation (if the delivery of the Project will involve the processing of personal data within the meaning of the Data Protection Legislation) and the Information Legislation, and shall comply with all applicable laws, regulations, best practice and codes of practice.

10.5 The Grantee acknowledges that the council is subject to requirements under the Data Protection Legislation and the Information Legislation. Where requested by the council, they will provide reasonable assistance and cooperation to the council at the Grantee's expense to assist the council's compliance with its information disclosure obligations.

10.6 On request from the council the Grantee will provide the council with all such relevant documents and information relating to their data protection policies and procedures.

10.7 The Grantee acknowledges that the council, acting in accordance with the codes of practice issued and revised from time to time relating to the Information Legislation, may disclose information concerning the Grantee, the Grant and/or and the Agreement without consultation.

10.8 The Grantee can request that specific information provided to the council as part of the Agreement is exempted from disclosure under the Information Legislation. However, no guarantee can be given that the council can comply with such a request.

10.9 The Grantee agrees that they are the data controller of any personal data processed by them for the Project and the Grant. The Grantee will comply fully with the Information Acts to the extent that they are applicable to the Grantee and with the ICO's public guidance for data controllers.

10.10 The Grantee agrees that the council, its employees and contractors may use personal data which they provide about their staff, partners and participants involved in the delivery of the Project and use of the Grant in order for the council to administer and evaluate the Grant, and to exercise the council's rights under the Agreement.

10.11 The Grantee also agrees to the council publishing any details of the Grant on the council's website and grant register.

11.  Fair Work Practices / Living Wage Foundation Rate

11.1  The council expects the Grantee to adopt policies which comply with Fair Work First practices. Fair and equal pay, including the Living Wage, is a positive factor and one of the clearest ways in which a funded organisation can demonstrate that it adopts fair work policies.

12. Miscellaneous Conditions

12.1 If there is a need to introduce new conditions of Grant, the council will make them aware, including the reasons for their introduction.

12.2 The Grantee will ensure that they have adequate insurance including public liability and employer's liability.

12.3 The Grantee will provide, if requested, evidence that where the Grant is used to purchase items of equipment, the equipment is adequately insured. In the event of the equipment being lost, stolen or damaged and not replaced, money obtained from the insurance must be paid to the council.

12.4 In the event of items of capital equipment funded by the council being no longer required, or the Grantee with such equipment ceasing to exist, at the discretion of the appropriate Council Executive Director, the equipment should be returned to the council.

12.5 The Grantee will notify the council of any conflict of interest that may reasonably be deemed to affect the impartiality of any member of staff, volunteer, Office Bearer or Board/Management Committee Member on any matter relevant to his or her duties.

12.6 The Grantee will upon request provide evidence to the council that they are working to support the principles of Best Value. These principles include:

• Accountability to service users;
• Transparency in the Grantee's decision-making through easily accessible information;
• Demonstration of continuous improvement in the provision of services or activities; and
• Encouraging ownership of the Grantee by all stakeholders through effective consultation processes.

12.7 This Agreement shall be construed and interpreted in accordance with Scots Law and shall be subject to the exclusive jurisdiction of the Scottish Courts.

12.8 A person who is not a Party to this Agreement has no right under the Contracts (Third Party Rights) (Scotland) Act 2017 to enforce any term of this Agreement, but this does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act. No third party may enforce, or take any step to enforce, any third party provision without the prior written approval of the council, which may, if given, be given on and subject to such terms as the council may determine.