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 Memorandums 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; and
• All necessary permissions, consents, licences and other documentation necessary to deliver the Project and permit the use of any premises from which the Project will be delivered.

1.4  At all times during the Grant Period the Grantee shall be an independent organisation and nothing in the Agreement shall create a contract of employment, a relationship of agency or partnership or a joint venture between the parties and accordingly neither party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other party save as expressly permitted by the terms of the Agreement.

1.5   In delivering the Project the Grantee is acting in its own right as an independent organisation and not as an agent of the council.

1.6  In performing its obligations under this Agreement, the Grantee shall not at any time do or fail to do anything which may bring the standing or reputation of the council into disrepute or attract adverse publicity and shall deliver the Project with due regard to this.

2.  Sound Financial Practice

2.1  If the Grantee is a charity registered with 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 to the council financial information such as their last independently verified/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, as required by the governing document of your organisation. This should provide the council with comfort on the governance of the charity. Constituted community groups that are not registered as charities will be required to create and provide their accounts to the council and have same independently audited or examined as part of a monitoring process as outlined by their governing document.

2.3  The Grantee will need to submit a report to demonstrate that the Grant was used for the Project within the Grant Period. Records and receipts should be available and retained for inspection by the council, upon request, for the duration of the Project or at least six years whichever is the longer. This report should be returned for the previous financial year, either by 31 May 2027 or another date set by the council.

2.4  Failure by the Grantee to submit the required financial information on request may seriously jeopardise any future funding relationship with the council.

2.5  The Grantee’s record-keeping and management practices should be of a good standard compliant with the Public Records (Scotland) Act 2011.

2.6  The Grantee shall take all reasonable steps, in accordance with good industry practice to prevent fraud by its staff and itself (including its shareholders, members, directors, partners) in connection with the receipt of the Grant.

2.7  The Grantee shall notify the council’s Contact Officer immediately if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.

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/Committee meetings subject to giving advance notice and in an observer capacity, where relevant to the Grant and the Project, and where the Contact Officer requests 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. Coproduction means the real and meaningful involvement of the citizens of South Lanarkshire and recipients of services in delivering better outcomes. For the purposes of coproduction and improving the service, the Contact Officer may meet with service users for feedback sessions. The Grantee is encouraged to communicate effectively and to work together with recipients of services and communities of interest to achieve and improve outcomes.

3.4  The council should be provided with a written report covering achievements against the Agreement and detailing any outstanding plans for use of the Grant by 31 May 2027.

3.5  If the council determines that the Grantee has exhibited a poor level of performance in the delivery of the Project the council reserves the right to withhold payment of future Grants, in all or part, and/or

•  terminate the Agreement in terms of clause 9.

3.6  If the Grantee is winding up, the council’s Contact Officer must be consulted about any proposals to distribute surpluses and assets. Any unspent Grant must be returned to the council before any distribution is commenced. The prior written approval of the council may be sought to use unspent Grant to meet outstanding commitments such as salaries, rents and costs incurred in winding up and the like.

4.  Climate Change and Protecting the Environment

 Climate Change is the biggest threat facing our planet which is why South Lanarkshire Council has introduced our sustainable development and climate change strategy 2022 – 2027. This calls upon us all to consider the impacts that climate change may have on our development and growth and how we adapt to and reduce these impacts. If we reduce our contribution to global warming that is causing our climate to change, we are helping to minimise these impacts and in turn able to develop more sustainably. This calls upon our third sector partners and the Grantee to support the council’s sustainable development and climate change strategy for 2022-2027.

4.2  The Grantee will ideally have in place, or will develop policies and practices should minimise any 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 mainstream equalities and rights in accordance with the Equality Act 2010, both in terms of its practices employing staff and volunteers and in providing services, the Grantee should be able to show, and provide evidence of the same to the council upon request, how their organisation:

• Advances equality of opportunity;

• Fosters good relations; and

• Eliminates any unlawful discrimination, harassment and victimisation.

6.  Staff and Volunteers

6.1  If the delivery of the Grant involve 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 pay day lending, the Grantee must advise the council’s Contact Officer at the earliest opportunity. If in doubt, please contact the council’s Contact Officer to discuss.

7.2  If the Grantee produces any publicity or promotional information about the Grantee and the Grant and/or the Project, including information of events or exhibitions, social media activity, recruitment information or annual reports, this material must indicate the council’s support, proportionate to the level of Grant. In addition, this proportionally must be reflected when listing any other funders / supporters.

7.3  The Grantee must adhere to Council procedures relating to the acknowledgement of funding e.g. the council logo, or the words ‘Supported by the South Lanarkshire Council’ should always appear on promotional material, websites, online presence, 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 briefing at mutually-convenient times, located within the Grantee’s premises or location related to the Grant;
• Issue press releases regarding areas of the funding relationship at any time throughout the Grant Period; and
• Work closely with the council’s Corporate Communication Team to identify mutually beneficially promotional opportunities. The council’s Contact Officer can give the relevant contact in the council’s Corporate Communication Team.

7.5  During the Grant Period, any press release or other communications activity which relates to the relationship between the Grantee and the council, must be agreed by both parties before being issued. Any releases or other communications activity out-with the Grant Period that relate to activity associated with the Grant must also reference the council’s support and the opportunity for the inclusion of a Council comment.

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 the future financial sustainability and diversity of funding sources the Grantee is encouraged where possible to seek and secure alternative sources of funding.

8.3  The Grantee must ensure that the Grantee shall 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 their purchase was intended. It will, at any time, if requested, make any assets or equipment purchased with a Grant available for inspection by officers of the council. If equipment is misused, not used for the purpose for which the Grant was made or not properly maintained the Grantee shall not less that 7 days after a request from the council to do so repay the amount of the Grant used on this equipment to the council. Alternatively, the council may in its discretion set off the said amount of Grant from any other monies due or to become due to the Organisation from the council. In addition, such assets or equipment shall not be sold or otherwise disposed of, or appropriated to users other than those approved by the council, before the council has been consulted.

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 the surplus will be treated as follows:-

(a) if the council is providing ongoing financial support to the Grantee, the surplus will be deducted from subsequent Grant allocations;

(b) if the council has no further funding interest in the Grantee the surplus will be repaid to the council; and

(c)  the Grantee should notify the council to allow discussions to take place in relation to any proposed variation and/or change of use on the use of the surplus. Declaring that any variation and/or change of use of the surplus will require to be subject to the council’s prior written consent failing which the council may have the right to seek repayment of any surplus.

8.5  The Grant will be paid by the council in the form of direct payment through BACS to the Grantee’s bank account once registered with the council as a supplier.

8.6  Payment of the Grant will be made in 1 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;

• 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.