Contract between

The Scottish Ministers

and

Reliance Secure Task Management Ltd

for the

Provision of Escort & Court Custody Services

in

Scotland

Contract No. 00339

3 November 2003

Confidentiality

No part of this document may be disclosed orally or in writing, including by reproduction, to any third party without the prior written consent of SPS. This document, its associated appendices and any attachments remain the property of the Authority and will be returned upon request.

Scottish Service Form Of Contract Contract No. 00339

Contract Between

The Scottish Ministers, referred to in the Act 1998, represented by the whose Headquarters are Calton House 5 Redheughs Rigg EH12 9HW (hereinafter called “the Authority”), of the first part and Reliance Secure Task Management Ltd (Company number 2057887) whose Registered Office is Boundary House Cricketfield Road Uxbridge Middlesex UB8 1QL (hereinafter called “Service Provider”), of the second part

The Authority hereby appoints the Service Provider and the Service Provider hereby agrees to provide for the Authority, the Services (as hereinafter defined) on the terms and conditions set out in this Contract. The Authority agrees to pay to the Service Provider the Charges due in terms of the Contract, in consideration of the due and proper performance by the Service Provider of its obligations under the Contract. The Service Provider agrees to look only to the Authority for the due performance of the Contract and the Authority will be entitled to enforce this Contract on behalf of the Scottish Ministers.

The Contract shall consist of this Form of Contract (comprising this and the following page) and the six Schedules annexed hereto which shall be deemed to form, and to be read, and to be construed, as part of the Contract, declaring that references in the Contract to a Schedule shall, unless the context otherwise requires, be held to be references to the relevant Schedule forming part of this Contract. In the event of conflicts between the Schedules, they shall take precedence in the order listed:

(i) Schedule 3 Contract Conditions (ii) Schedule 1 Service Specification (iii) Schedule 4 Charges (iv) Schedule 2 Performance Management including Appendix A (v) Schedule 5 Premises (vi) Schedule 6 Implementation Plan (vi) Any other documents expressly incorporated in terms hereof.

This Contract shall constitute the entire agreement between the parties as to the provision of Services. This Contract shall supersede and take the place of all documents, minutes of meetings, letters or notes, which may be in existence at the date hereof and all statements, representations and warranties which may have been made by or on behalf of the parties hereto. The Service Provider recognises and agrees that notwithstanding the foregoing, nothing in this Contract shall be construed as affecting any liability in law upon the Service Provider for any misrepresentation made to the Authority, which may have induced the Authority to award and enter into this Contract.

The Contract shall commence on the Contract Commencement Date namely 24 October 2003 until the Initial Expiry Date subject always to (a) the Authority‟s right to extend the Initial Expiry Date and (b) the Authority‟s right of earlier termination of the Contract all in terms of the Contract.

In this Contract:

(a) all references to Schedules are references to Schedules to this Contract; and

(b) words and phrases used shall have the meanings ascribed to them in any part of the Contract.

The Scottish Ministers (Authority)

Signature: ______Witness: ______

Name: ______Name: ______

Title: ______

Address: ______

Date: ______

Place: ______

Reliance Secure Task Management Ltd (Service Provider)

Signature: ______Witness: ______

Name: ______Name: ______

Title: ______

Address: ______

Date: ______

Place: ______

End Of Section

This is Schedule 1 referred to in the foregoing Contract dated 3 November 2003 between the Scottish Ministers and Reliance Secure Task Management for the Provision of Prisoner Escort and Court Custody Services in Scotland Contract Reference 00339

PRISONER ESCORT AND COURT CUSTODY SERVICES

FOR THE

SCOTTISH CRIMINAL JUSTICE SYSTEM

IN

SCOTLAND

SCHEDULE 1

SERVICE SPECIFICATION

TABLE OF CONTENTS

1. GENERAL PRINCIPLES ...... 5 1.1 Introduction ...... 5 1.2 Enabling Legislation ...... 5 1.3 Other Legislation ...... 6 1.4 Escort Monitor ...... 6 1.5 Her Majesty’s Chief Inspector of for Scotland ...... 7 1.6 Government Policy ...... 7 1.7 Prisoner Escort Documentation ...... 7

2. PRISONER ESCORTING AND COURT CUSTODY MANAGEMENT ...... 7 2.1 Custody, Care and Effectiveness ...... 7 2.2 Routine Operational Communications ...... 8 2.3 Personal Responsibility of Staff ...... 8 2.4 Strategic Planning ...... 8 2.5 Health & Safety and Hygiene ...... 8 2.6 Fire Precautions ...... 8 2.7 Environmental Health Regulations ...... 8

3. THE PRISONER – GENERAL PRINCIPLES ...... 9 3.1 Rights of ...... 9 3.2 Range of Possible Classes of People in Custody ...... 9 3.3 Confinement and Allocation of Prisoners ...... 9 3.4 Extreme Security Escorts (formerly Category ‘A’ Prisoners) ...... 9 3.5 Prisoner Policies and Strategies ...... 10 3.6 Scottish Prisons Complaints Commission ...... 10 3.7 Prisoners’ Request and Grievance Procedures ...... 10

4. STAFF MATTERS AND CERTIFICATION OF PCOs ...... 11 4.1 Staff Identification and Uniform ...... 11 4.2 Staff Complement ...... 11 4.3 Staff Selection and Recruitment ...... 11 4.3.2 Personnel ...... 12 4.3.3 Sub-Contracted Staff ...... 12 4.3.4 Security Vetting and Approval of Staff ...... 12 4.4 Training Policy & Programmes ...... 13 4.5 Certification of PCOs ...... 14 4.6 Withdrawal of Certificate ...... 14 4.7 Control and Restraint (C & R) Techniques Training ...... 14 4.8 Other Areas of Operational Expertise ...... 15 4.9 Specialists and Support Staff...... 15 4.10 Management Training...... 15 4.11 Incident Command Training ...... 16 4.12 Health & Safety Training ...... 16 4.13 Fire Safety and Evacuation Training ...... 16 4.14 First Aid Training ...... 16 4.15 Changes to Staff Policy and Procedures ...... 16

5. PRISONER ESCORT AND COURT CUSTODY TASK ...... 16 5.1 General ...... 16 5.2 Court Escorts and Custody Tasks ...... 18 5.3 Escort of Persons from Police Custody Units to Courts ...... 18 5.4 Escort of Prisoners from One Court to Another ...... 18 5.5 Escort of Prisoners from Courts to Places of Custody ...... 19 5.6 Escort of Prisoners to and from Prison, Young Offenders Institution (YOI), and / or ...... 19 5.7 Managing Business in the Criminal Courts ...... 20 5.8 Management of Court Custody ...... 20

5.9 Bail and Discharge Arrangements ...... 22 5.10 Police Transfer Escorts ...... 22 5.10.1 Scottish Inter Police Force Transfers ...... 22 5.10.2 Extract Warrants ...... 23 5.10.3 Inter-Police Force Transfers from Outwith Scotland...... 23 5.11 ...... Hospital Orders, Criminal Procedure (Scotland) Act 1995………………………... 23 5.12 Non-Core Services ...... 24 5.13 Childrens’ Hearings ...... 25 5.14 Committal of Children Appearing in Court ...... 25 5.15 Funeral Escorts ...... 25 5.16 Police Enquires ...... 25 5.17 Immigration Appeals ...... 25 5.18 Deportation ...... 26 5.19 Inter-Jurisdictional Transfer ...... 26 5.20 Inter-Prison Transfers ...... 26 5.21 Inter-Prison Visits ...... 27 5.22 Marriage Escorts ...... 27 5.23 Transfer to and from Hospital (subject to Mental Health (Scotland) Act 1984 to be repealed and replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003) ...... 27 5.24 Hospital and/or Other Medical Appointments ...... 27 5.25 Hospital Supervision and Confinement, Including Maternity and Mother with Baby Escorts ...... 28 5.26 Social Security Tribunal ...... 28 5.27 Special Escorted Leave and/or Escorted Exceptional Day Absence ...... 28 5.28 Community Placements Escorts ...... 29 5.29 Home Leave Escorts ...... 29 5.30 Transfer of Responsibilities ...... 29 5.31 System Reviews ...... 29

6. ADMISSION, INDUCTION AND RELEASE ...... 30 6.1 Prisoner Admission and Court Custody ...... 30 6.2 Admission Process ...... 30 6.3 Suicide Risk Management ...... 31 6.4 Cell Allocation ...... 31 6.5 Prisoner Correspondence ...... 31 6.6 Challenge by Prisoner ...... 31 6.7 Prisoner Release ...... 31

7. CARE AND SERVICES FOR STAFF AND PRISONERS ...... 32 7.1 Management of Court Facilities ...... 32 7.2 Responsibilities for Court Facilities ...... 32 7.3 Access to Manuals, Records and Documents ...... 32 7.4 Vandalism ...... 33 7.5 Toilet and Sanitation Facilities ...... 33 7.6 Drinking Water ...... 33 7.7 Inspection and Security Risk Assessment ...... 33 7.8 Management of Prisoner Healthcare, Medication and Infection Control ...... 33 7.8.2 Qualifications of Health Care Staff ...... 34 7.8.3 Medical Records ...... 34 7.8.4 Access to Own Doctor ...... 35 7.8.5 Health Issues ...... 35 7.8.6 Medical Services Cost ...... 35 7.9 Compilation of Statistics and Annual Report ...... 35 7.10 Prisoner Clothing...... 35 7.11 Food Services ...... 35 7.12 Court Based Social Work and Mental Health Services ...... 36

8. SECURITY: PASSIVE AND DYNAMIC ...... 36 8.1 Security Reviews: Scotland ...... 36 8.2 Prisoner Accommodation ...... 37 8.3 Official Visits to Prisoners ...... 37 8.4 Discipline ...... 37 8.5 Searching ...... 37 8.6 Physical Restraint ...... 38 8.7 Incident Reporting & Management ...... 38 8.8 Contingency Planning ...... 38 8.9 Security Intelligence (General) ...... 39 8.10 Control of Drugs and Unauthorised Articles ...... 39 8.11 Control of Equipment, Tools and Stores ...... 40

9. VEHICLES ...... 40 9.1 Vehicles ...... 40

10. TRANSITIONAL ARRANGEMENTS ...... 41 10.1 Phasing In Services ...... 41 10.2 Authority Support During Service Implementation ...... 41 10.3 Plans, Policies and Procedures ...... 41 10.4 Implementation Contact and Liaison ...... 41 10.5 Inspection and Security Risk Assessment ...... 41

APPENDIX ...... 42

Table 1 Schedule of Training ...... 43 Table 2 Reportable Incidents ...... 46 Table 3 Service Provider Policies, Procedures and Information ...... 47 Table 4 Records and Data to be maintained by the Service Provider for review by the Escort Monitor ...... 49 Table 5 Operational Response Times (by establishment) ...... 51

1. GENERAL PRINCIPLES

1.1 Introduction

1.1.1 The Scottish Prison Service (hereinafter referred to as the SPS) is an Executive Agency that is part of The Scottish Executive. The Minister for Justice is the Minister responsible for the SPS to the .

1.1.2 The Scottish Court Service (SCS) administers the Supreme and Courts throughout Scotland. SCS also has responsibility for the management of the estate and the procurement of facilities management services for the 49 and High Court premises throughout Scotland. In addition there are some 65 District Courts spread over 30 local Authority areas in Scotland. Many of the practical arrangements for these courts differ from Local Authority to Local Authority and the estate is managed by the relevant Local Authority.

1.1.3 There are also eight Scottish Police forces with various custody unit Premises throughout Scotland.

1.1.4 For the purposes of this Contract, the SPS shall be the contracting Authority on behalf of the Scottish Ministers and the „lead‟ authority for the other partner bodies (including the Scottish Court Service and the Scottish Police forces) who will receive Services under this Contract. The Authority shall appoint an Escort Monitor or other nominated SPS representatives who shall form the primary point of liaison with the Service Provider under this Contract.

1.1.5 In broad terms the Service shall have two main elements: Prisoner escorting and the management of Prisoners in courts. In discharging both elements the Service Provider must ensure overriding priority is given to the security and safety of the Prisoners in its custody.

1.1.6 The prevention of escape and protection of the public, in all types of escort and court custody arrangements, is of critical importance. Equally important is the requirement that the Service Provider must not release Prisoners in error.

1.1.7 The Service Provider shall therefore ensure that Prisoner Escorting and Court Custody Services shall be delivered to any relevant location or locations (including the Premises detailed in Schedule 5) of the Authority‟s choice within Scotland and the Scottish Islands. The Service Provider shall also undertake Non–Core Services (see Clauses 5.12 to 5.29 of this Schedule 1) along with ad-hoc Prisoner movement to other locations in England & Wales (E&W).

1.2 Enabling Legislation

1.2.1 The Service Provider must ensure compliance with the provisions of the enabling legislation for contracting-out the management of Prisoner escorting within Scotland that are contained in Chapter 33 of the Criminal Justice and Public Order (CJ&PO) Act, 1994.

1.2.2 In addition the Service Provider shall ensure compliance with the legal framework within which Prisoner escorting and court custody operates. This is derived from a number of legislative provisions including: the Police (Scotland) Act, 1967; the Sheriff Courts (Scotland) Act, 1971; the District Courts (Scotland) Act, 1975; the Prisons (Scotland) Act 1989; the Criminal Procedures (Scotland) Act 1995; and the Mental Health (Scotland) Act 1984, (to be repealed and replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003) and other such legislation which may from time to time be enacted. Section 39 of the Prisons (Scotland) Act allows Scottish Ministers to establish rules for the management of Prisoners.

1.2.3 The Service Provider shall ensure compliance with the Prisons and Young Offenders Institutions (Scotland) Rules, 1994, (hereinafter referred to as the Prison Rules) which govern the management of those committed to custody. The Prison Rules are legal requirements, which the Service Provider must comply with. Associated directions may also apply, and where this is the case, the Service

Provider shall ensure that the Services comply with the provisions of or any changes to the Prison Rules or associated directions issued by the Authority within the timescales stipulated by the Authority.

1.3 Other Legislation

1.3.1 The Service Provider shall ensure compliance with all relevant legal and statutory requirements as may be amended from time to time, including, but not restricted to, Health & Safety (H&S), Food Hygiene, Employment, Data Protection and Diversity issues.

1.3 Escort Monitor

1.4.1 An Operational Director (or other senior Authority manager) nominated by the Authority shall have responsibility for the Contract and Service arrangements.

1.4.2 Contract arrangements shall be under the review of an Escort Monitor, who will be a Crown Servant whose duty it shall be:

1.4.2.1 To keep the Contract and Service arrangements under review, and to report on them to Scottish Ministers;

1.4.2.2 To investigate, and report to Scottish Ministers on any allegations made against Prisoner Custody Officers (PCOs) acting in pursuance of the arrangements; and

1.4.2.3 To report to Scottish Ministers on any alleged breaches of discipline on the part of Prisoners for whose custody such officers so acting are responsible.

1.4.3 The Authority's Representative, the Escort Monitor will monitor the performance of the Service Providers operations against all Schedules to the Contract.

1.4.4 The Service Provider shall co-operate with and provide the information reasonably requested by the Escort Monitor to enable this role to monitor, review and to provide reports regarding Services delivered under this Contract.

1.4.4.1 An operational performance and Prisoner logging system to support performance measurement will be developed by the Service Provider in consultation with the Authority no later than 1 month prior to the Service Commencement Date. The Service Provider shall ensure that the resulting Prisoner logging system is enacted, tested and fully operational in accordance with the Service Provider‟s Implementation Programme and no later than the Service Commencement Date.

1.4.5 The Service Provider shall provide the Escort Monitor with such management information as is required by the Authority to enable performance and delivery of the Services to be monitored against Schedule 1 (Service Specification), Schedule 2 (Performance Management including Appendix A), and Schedule 3 (Conditions of Contract). The Service Provider shall also permit and provide the Escort Monitor and specified staff of the Authority with such access to any of its IT based management information systems as are deemed necessary by the Authority to facilitate effective monitoring of Service performance against the Schedules mentioned above. The Service Provider shall also prepare & submit detailed management reports, information, data and information requested and required by the Escort Monitor in a format acceptable to the Escort Monitor and within the time periods requested by the Escort Monitor.

1.4.6 The Service Provider shall ensure that it establishes and maintains appropriate communication flows and methods of communication with the Escort Monitor commensurate with day to day liaison, regular reporting requirements, and out of hours incident reporting.

1.5 Her Majesty’s Chief Inspector of Prisons for Scotland

1.5.1 The Criminal Justice and Public Order Act 1994 (CJ&PO Act), provides the statutory basis for the Chief Inspector of Prisons for Scotland to undertake inspections in relation to Prisoner escorts.

1.5.1.1 The role of the Inspectorate is to inspect the conditions in which the Prisoners are transported or held in pursuance of escort arrangements and report direct to Scottish Ministers on them. Inspectorate Reports are normally published.

1.5.1.2 The Chief Inspector also submits to Scottish Ministers an annual report commenting on general trends which is laid before the Scottish Parliament and is published.

1.5.2 The Service Provider shall co-operate with and provide information (as requested by Her Majesty‟s Chief Inspector of Prisons for Scotland) to enable Her Majesty‟s Chief Inspector of Prisons for Scotland to review and to provide reports regarding Services delivered under this Contract.

1.6 Government Policy

1.6.1 The Service Provider shall comply with the Authority‟s Operating Standards current on the day, which clarify and codify in a single document standards, distilled from Prison Rules, various Management Manuals and Instructions to Governors. The Authority will be responsible for deciding the extent to which policy and procedural developments apply to the Prisoner escort and court custody arrangements. The Service Provider shall comply with any such policy and procedural instructions as the Authority may notify and shall satisfy the Escort Monitor that the necessary action(s) have been taken within the required time period notified to the Service Provider.

1.7 Prisoner Escort Documentation

1.7.1 The Service Provider shall, in conjunction with the Authority and Police forces, review and rationalise the current Prisoner Escort Forms, as used by the Police forces and the Authority. The Service Provider shall create a standardised Prisoner Escort Record (hereinafter referred to as the “PER”) form for use by Police forces, Prisons and the Service Provider, prior to the Service Commencement date.

1.7.2 The Service Provider shall ensure that the PER forms are reviewed as required or at least annually and if necessary amended. The review shall reflect the views and needs of the Criminal Justice partner agencies (detailed in Clause 1.1.1, 1.1.2 and 1.1.3) and be conducted in conjunction with the Authority who shall review and comment upon any proposed changes to the format, content or use of Prisoner escort forms.

1.7.3 The PER form shall be used to record all movements of, and activities in relation to a Prisoner including, but not limited to, arrival and departure times at all locations, times of visits from legal representatives, time escorted to court and returned to cell, time of departure to, and arrival at the place of custody.

2. PRISONER ESCORTING AND COURT CUSTODY MANAGEMENT

2.1 Custody, Care and Effectiveness

2.1.1 The Service Provider shall be responsible for the secure custody and well being of those persons transferred to the care of its staff in pursuance of Prisoner escorting and court custody procedures. The Service Provider shall co-operate with the Authority, and other criminal justice agencies, and contribute to the effectiveness and development of the Scottish Criminal Justice System.

2.2 Routine Operational Communications

2.2.1 The Service Provider shall establish and maintain appropriate communication flows and channels to enable routine operational communications to be completed effectively:

Within its own operations; With all Scottish prisons; With the Police and/or any other agencies; With the Courts (the Crown Office, PF‟s Offices, District Courts and SCS); and With relevant .

2.3 Personal Responsibility of Staff

2.3.1 The Service Provider shall be responsible for maintaining the secure custody of Prisoners in its care, exercising safe working practices, maintaining standards of Prisoner care, confidentiality and impartiality at all times in its operations with Prisoners as detailed in this Contract. All Service Provider staff must be made aware of, and consistently deliver, these requirements and understand their role in maintaining these aspects of Service delivery under this Contract.

2.4 Strategic Planning

2.4.1 The Service Provider shall adopt a proactive approach in contributing to the Authority‟s strategic planning system and processes. This shall include the attendance by Service Provider management staff at strategy sessions requested by the Authority, at no cost to the Authority, and the provision of information or material to the Authority to enable it to complete its strategic plans and target setting.

2.5 Health & Safety and Hygiene

2.5.1 The Service Provider shall have a duty of care and will be responsible for ensuring that appropriate arrangements are developed, enacted and in place under this Contract to assess risk, manage, maintain and achieve Health & Safety provisions and good hygiene in compliance with legislation and good practice across the various Premises and for Prisoners in transit or in the care of the Service Provider.

2.6 Fire Precautions

2.6.1 The Service Provider shall ensure that appropriate arrangements are developed, enacted and in place under this Contract to introduce, assess risk, manage and achieve continuous adherence to both national standards and any specific local fire safety and prevention plans across the various Premises, and whilst Prisoners are in transit or in the custody of the Service Provider. These arrangements shall, as a minimum, include fire safety precautions and evacuation procedures for the Premises and vehicles.

2.7 Environmental Health Regulations

2.7.1 The Service Provider shall under this Contract ensure the introduction of, and continuous adherence to, systems and procedures to comply with Environmental Health Regulations across the various Premises, and whilst Prisoners are in transit or in the custody of the Service Provider.

3. THE PRISONER - GENERAL PRINCIPLES

3.1 Rights of Prisoners

3.1.1 The Service Provider shall ensure that Prisoners‟ prescribed rights (including the Government‟s obligations under the European Convention on Human Rights or as are otherwise derived from case law), in Statute and in prison rules are protected and enabled. The Service Provider shall ensure that the Services provided under this Contract reflect the current legal requirements and obligations and will ensure that all future changes in legislation, statute and prison rules are reflected in their operating practices.

3.2 Range of Possible Classes of People in Custody

3.2.1 The Service Provider shall manage all classes of both male and female Prisoners and shall ensure that their treatment is within the legislative requirements (as relevant or pertaining at that time) and that the Services provided, both in custody and in transit are also sensitive to the needs of each category of Prisoner. The classes of Prisoner may include, but not be restricted to:

Police Custodies; Accused persons appearing from interim liberation or bail who are remanded or sentenced; Accused persons cited to appear, who are remanded or sentenced; Prisoners; Adult convicted Prisoners; Untried Prisoners; Young offenders; Children; Young Prisoners; Immigration detainees; Prisoners subject to deportation; and Prisoners remanded or committed to hospital.

3.2.2 The Prisoner population includes those awaiting trial or sentence, those convicted and sentenced with appeals pending, those serving a range of determinate sentences (including Armed Forces personnel) and life sentence Prisoners. In addition to this status, Prisoners will also differ in classification and security demands; treatment and regime requirements, e.g. sex offender, vulnerable and „at risk‟ categories; and in their experience of prison life. The Service Provider shall ensure that it maintains a sensitive management approach and support arrangements that reflect this level of diversity.

3.3 Confinement and Allocation of Prisoners

3.3.1 The Service Provider shall, where it receives instructions from a court or the Authority, transfer Prisoners to the relevant Premises (or place of lawful custody), instructed by the court or the Authority in accordance with the Service and performance requirements detailed in this Contract.

3.4 Extreme Security Escorts (formerly Category „A‟ Prisoners)

3.4.1 The Service Provider shall comply with the Authority‟s Standing Instructions for the identification and management of extreme security escorts and shall conduct extreme security escorts in accordance with such instructions as directed by the Authority. When a Police escort for extreme security escorts is deemed necessary (as per the ACPOS Memorandum of Understanding), this must be arranged by the Authority (SPS Operations Directorate) with details of the resulting service requirements then communicated to the Service Provider.

3.5 Prisoner Policies and Strategies

3.5.1 The Service Provider shall ensure that it has current policies and strategies, reviewed by the Authority, that establish and control key aspects of Prisoner care, treatment and management. These policies and strategies shall be reflected in the Service Provider‟s operating instructions to its staff and shall include:

Communication: a communications policy and strategy shall be published and advertised throughout the Police custody units, hereafter referred to as PCU‟s court custody suites and prisons to staff, Prisoners, partner agencies, visitors and other persons involved. Prevention of Suicide and Self-Harm: the Service Provider shall operate a policy and strategy on suicide awareness and self-harm, with appropriate operating procedures which require to be published to both staff and Prisoners. The Service Provider shall ensure that all its staff know, understand and adhere to all instructions and procedures issued by it. The Service Provider shall also ensure that its strategy and operating procedures are established, maintained and updated to align, fit and ensure a consistent approach across all Scottish Criminal Justice agencies. Anti-Bullying Strategy: an anti-bullying policy and strategy with appropriate operating procedures for both Service Provider staff and Prisoners. Assaults: a strategy and procedure for the management of such behaviour, for both staff and/or Prisoner. Death in Custody: a strategy and procedure for investigating, or facilitating the investigation of, every Prisoner death in custody, whatever the apparent cause. Smoking Policy: a smoking policy for the management of court custody suites and Prisoners in transit. Diversity Issues: a policy on diversity issues that demonstrates compliance with legislation. Offensive Material: a strategy and operating procedures to prevent the introduction of any form of material of a racially or sexually offensive nature. Ethnic Minorities: a defined policy and strategy for the management of race relations issues.

3.5.2 The Service Provider shall review at least annually and update as necessary all its policies and strategies to ensure continued legal compliance, operational suitability, relevance or to reflect good practice.

3.5.3 The Service Provider shall ensure that these policies and strategies including those detailed in Clause 3.5.1 are available for review by the Escort Monitor upon request.

3.5.4 The Service Provider shall advise and seek the comment of the Escort Monitor before making any revision to policies or strategies previously reviewed by the Authority.

3.6 Scottish Prisons Complaints Commission

3.6.1 The Service Provider shall comply with the requirements and timescales of the Scottish Prisons Complaints Commissioner as notified to it by the Authority. The Service Provider‟s policies and procedures to ensure compliance shall be submitted to the Authority for review and comment prior to Service implementation.

3.7 Prisoners’ Request and Grievance Procedures

3.7.1 The Service Provider shall establish and maintain an effective system to record (in writing), respond to and address (as required) Prisoner grievances. Arrangements must comply with the requirements in Prison Rules and circular instructions (or revisions thereto as notified to the Service Provider by the Authority) including timescales for response to grievances. The system shall allow Prisoners‟ access to the Scottish Prisons Complaints Commissioner, but shall not preclude Prisoners using other avenues of complaint.

4. STAFF MATTERS AND CERTIFICATION OF PCO

4.1 Staff Identification and Uniform

4.1.1 The Service Provider shall ensure that its staff authorised to undertake the role of a PCO shall for the purposes of identification, carry their authorisation certificate at all times whilst undertaking official duties, and produce such when challenged.

4.1.2 The Service Provider shall ensure that the standard and mode of dress for its staff, and the means of staff identification is communicated to the Authority for review and comment prior to the Service Commencement Date. The standard of dress and means of identification that has then been confirmed with the Authority shall be maintained throughout the term of the Contract (until or unless a change is communicated to and confirmed by the Authority). The Service Provider shall also:

4.1.2.1 ensure that its staff have access to sufficient quantities of its prescribed dress garments and that these are worn by staff members when undertaking Services under this Contract,

4.1.2.2 ensure that its prescribed dress standard includes reference to cleanliness of garments,

4.1.2.3 ensure that the prescribed standard and mode of dress and means of staff identification is communicated to all courts, Police custody holding units, and prisons throughout Scotland (and to other relevant locations, parties or agencies as necessary), and that any change(s) to these standards are similarly communicated in advance of any change (confirmed by the Authority) being enacted,

4.1.2.4 ensure that its staff (including sub-contracted staff) comply with the Service Provider‟s prescribed standards of dress and appearance as communicated by it to the Authority.

4.1.3 The Service Provider shall ensure that its staff (including sub-contracted staff) comply with the reasonable instructions and operating requirements of any access / egress system within any Premises. This shall include its staff ensuring the security of identification passes and an obligation to report the loss, theft or damage of such identification passes immediately to the relevant authority.

4.2 Staff Complement

4.2.1 The Service Provider shall ensure that staffing levels are appropriate at all times for the full range of duties of the Contract.

4.3 Staff Selection and Recruitment

4.3.1 The Service Provider shall ensure that staff are properly trained to no lesser quality and standard than detailed in Volume 1, 7.5–7.6 and Annexes J&K of the Service Provider‟s proposal dated 29th November 2002 and that only those certified in accordance with the CJ&PO Act, 1994 are employed as Prisoner Custody Officers (PCOs) and that:

4.3.1.1 the selection process for prospective PCOs is submitted to the Authority for review and comment prior to the commencement of recruitment;

4.3.1.2 all candidates for PCO duties are both physically fit and medically suited to undertake the full range of duties required to be performed by their role prior to recruitment. The pre-employment medical assessment shall be no less than that detailed in the Service Provider‟s proposal dated 8th April 2003.

4.3.1.3 all staff employed in the role of PCO are to be subject to a fitness test, as a minimum, on an annual basis;

4.3.1.4 the Service Provider shall establish appropriate medical examination standard(s) and fitness testing procedures. The medical examination standard and fitness testing procedures should include the acceptance standard and tests for each.

4.3.2 Personnel

4.3.2.1 The Service Provider will produce a code of discipline and behaviour for its employees and shall submit this to the Authority for review and comment. The code of discipline and behaviour shall be to no lesser quality and standard than detailed in Volume 1, Annexe E of the Service Provider‟s proposal dated 29th November 2002.

4.3.3 Sub-contracted Staff

4.3.3.1 The Service Provider shall be completely accountable for the performance of any sub- contractor or supplier engaged by them to perform or deliver goods or services under this Contract. The Service Provider shall maintain records that enable identification of individual sub-contractors or supplier staff who are engaged in work in any area where Prisoners are being managed.

4.3.4 Security Vetting and Approval of Staff

4.3.4.1 The powers and duties of PCOs, whether employed solely on Prisoner escort or court custody duties are defined as „escort functions‟ and described in the CJ&PO Act, 1994. The Service Provider shall ensure that its procedures and operating systems comply with this Act (or amendments thereto as required by the Authority).

4.3.4.2 The Service Provider shall ensure that all staff engaged in the operation of the Contract, whether directly or through sub-contract arrangement enacted by the Service Provider shall be cleared by at standard or basic level disclosure (as appropriate) prior to being considered for appointment by the Service Provider. The Service Provider shall be responsible for payment of any costs arising from the requirement to obtain Disclosure Scotland disclosures. The Authority shall determine and advise the Service Provider of the actual policy and standard 1 of Disclosure Scotland approval required for each type of Service Provider or sub- contract role required under this Contract. There shall be no exceptions to this regulation.

4.3.4.3 The Service Provider shall maintain accurate records of reports received from Disclosure Scotland. These reports shall be provided to the Contract Monitor upon request.

4.3.4.4 The Service Provider shall ensure that no individual member of its staff may be engaged to provide Services under this Contract without prior approval first being obtained from the Authority in accordance with the agreed procedures. 1

1 The Authority‟s policy and standards regarding the level of Disclosure Scotland approval is currently detailed in the SPS Governors & Managers Action notice, referenced 57A/02, dated 22 July 2002 and addendum thereto dated 26th July 2002.

4.4 Training Policy and Programmes

4.4.1 The Service Provider shall ensure that it maintains a staff training policy and programme(s) such that its staff possess current and appropriate knowledge, skills and competencies to undertake their role and which enables the Service Provider to undertake its obligations under this Contract. The Service Provider‟s training policy and programme shall include (but not be limited to) the requirements detailed in Clause 4.4 and Clauses 4.7 to 4.14 (as applicable to the role). The policy shall also reflect the National Training Organisation (NTO) modules applicable to its staff and its arrangements for the review and maintenance of individual staff competency assessments.

4.4.2 The Service Provider shall ensure that each of its selected trainers is appropriately qualified and has relevant experience to deliver the required training programmes to appropriate standards to Service Provider‟s staff. The Authority may, where training is deficient, request written evidence from the Service Provider detailing such qualifications and experience..

4.4.3 The Service Provider shall provide training for all its operational (PCO) escort staff which prepares them for certification and employment as PCOs acting in pursuance of Prisoner escort arrangements as defined by the CJ&PO Act, 1994 or as amended (see Table 1, Schedule of Training). The Service Provider shall ensure that its staff are kept abreast of changes and developments in operational, legislative and security matters.

4.4.4 All training and course scheduling leading to certification of PCOs throughout the Contract shall be validated by, and completed to the satisfaction of the Authority. The training programme shall include, as a minimum, a range of core modules prescribed and agreed with the Authority including training for all PCOs in Control & Restraint hereinafter referred to as C&R techniques to the level determined by the Authority.

4.4.5 The Service Provider shall be responsible for the testing and assessment of its staff during training as detailed in the Service Provider‟s proposal within Volume 1, Section 7, dated 29th November 2002. The Authority shall undertake periodic audits or reviews of the Service Provider‟s training and assessment processes to ensure that the training provides a relevant skill-base to enable Service Provider staff to fulfil their required role. Such review may include a check on the:

Underpinning knowledge; Application of knowledge and skills; and Appropriate use of inter-personal skills.

4.4.6 The Service Provider shall ensure that its on-going training programme provides sufficient staff training allowances (duty time) and operational cover to ensure Service delivery is achieved.

4.4.7 The Service Provider shall ensure that individual staff training records, level of competence, details of training suppliers, programme content, duration, aims and objectives, learning outcomes, methods of assessment and evaluation are maintained. These records shall evidence whether the Service Provider‟s staff have completed the mandatory training required under this Contract (e.g. C&R, first aid, etc) and also the levels of attainment and staff developments achieved by the Service Provider‟s staff against national training organisation (NTO) standards. These records shall be available for review or audit by the Authority or a relevant authority.

4.4.8 The Service Provider may request individual allowances be made on a case by case basis for specific individuals whose evidenced previous training or work experience count towards the PCO certification requirements requested by the Authority. Any such allowance may be authorised where the Service Provider has satisfied the Authority that the individual meets the requirements of Clause 4.5.1.

4.5 Certification of PCOs

4.5.1 In order to be awarded and maintain PCO certification all prospective PCOs and those employed on Prisoner escort and court custody duties must:

Pass the physical fitness and medical capability assessment standards detailed in Clause 4.3; Successfully complete the initial Control & Restraint (C&R) training (and subsequent refresher training) detailed in Clause 4.7.3; Achieve and maintain satisfactory performance in the core areas of training and to the standards indicated in the Service Provider‟s training programme; and Continue to maintain a standard of physical fitness and medical capability consistent with passing any periodic re-assessment against the above standards and also be capable of effectively performing the range of daily duties of a PCO.

4.5.2 Records and evidence of physical fitness and medical capability assessment and each aspect of training achievement shall be available to the Authority for inspection and validation, prior to the awarding of a certificate. The Authority may also review these records where the capability of any PCO is subject to complaint or investigation.

4.5.3 The Service Provider shall ensure that any PCO who it, or the Authority under the provision of Clause 8.2 of Schedule 3, assesses as incapable of performing the duties of a PCO is immediately removed from such a role and that it causes the role to be performed by another PCO.

4.6 Withdrawal of Certificate

4.6.1 Where a PCO employed by the Service Provider is in breach of duty or an allegation of misconduct, or incapacity to efficiently perform the duties has been made, the Service Provider shall inform the Escort Monitor immediately. A breach of duty includes, but is not limited to contravention of the relevant provisions of CJ & PO Act, 1994; the Official Secrets Acts 1911 to 1989; and Data Protection Act 1984; and prison rules.

4.6.2 Any act or omission by a member of staff that could bring into question whether (s)he is any longer „a fit and proper person‟ to discharge the duties of a PCO must also be reported immediately to the Authority (whether the act occurred on duty or otherwise). The Authority shall determine the standards of „a fit and proper person‟.

4.6.3 The Escort Monitor shall, in accordance with the provisions of Clause 8.2 of Schedule 3, elect to immediately suspend the PCO certificate(s) whilst investigations are carried out or shall notify the Service Provider of any alternative actions that it is required to undertake.

4.6.4 The Service Provider shall maintain accurate records of staff who have their certificate suspended (including dates, investigations completed and evidence) and the nature of any disciplinary awards or dismissal actions for perusal by the Escort Monitor.

4.7 Control and Restraint (C&R) Techniques Training

4.7.1 The Service Provider shall be responsible for training its staff in the use and correct application of C&R techniques authorised by the Authority.

4.7.2 C&R training must be delivered by instructors who are both assessed as competent, and licensed, by the Authority. The Service Provider shall ensure that, as a minimum, two licensed instructors 2 are present at each of its C&R staff training sessions.

4.7.2.1 C&R Instructor training, competency assessment and licensing will be provided by the Authority Training Unit and comprise 10 days activity per individual. The Authority shall charge the Service Provider £ 650.00 per trainee (plus VAT where applicable) for training delivered prior to implementation of the Contract. Subsequent training costs will be index linked and subject to annual review by the Authority.

4.7.3 The Service Provider shall ensure that, as a minimum, all PCOs undertake, achieve and maintain competence in C&R. The Service Provider shall ensure that the following minimum level of training is provided:

4.7.3.1 25 hours initial training, with an on-going practice of either 2 hours per individual, per quarter or 1 day per PCO per annum for practice and competency assessment; and

4.7.3.2 a competency assessment register shall be maintained and be available to the Authority for inspection upon request.

4.8 Other Areas of Operational Expertise

4.8.1 The Service Provider shall provide adequately trained staff to undertake duties within operational areas that require specialist expertise or additional knowledge e.g., court list administration, management of documentation (including extracts and Bail Orders), use of technology, etc. Where the specialist staff are also required to undertake the role of PCO they shall be trained and certificated as such in accordance with Clause 4.4, 4.5 and 4.7 of this Schedule. The Service Provider shall satisfy itself of each individual‟s competency for their proposed role prior to that individual providing services under this Contract.

4.9 Specialists and Support Staff

4.9.1 All non-custodial or non-escort staff, including specialists, employed by the Service Provider (directly or through sub-contract arrangement) should be trained and competent in the appropriate skills and knowledge necessary for the effective running of the operation and will hold current relevant qualifications acceptable to their respective recognised professional or certifying body. The Service Provider shall retain appropriate personnel records of such qualifications, and shall provide that these records may be examined by the Escort Monitor upon request.

4.10 Management Training

4.10.1 The Service Provider shall provide and continuously maintain a programme of staff development and encourage a programme of continuous professional and management development to equip its Managers, Heads of Departments and supervisors to fulfil their specific roles under this Contract. This shall include, but not be limited to changes or developments in operational, legislative and security matters, as well as ongoing personal development of staff

2 The C&R instructors licences issued by the SPS shall be valid for a 12 month period from date of issue. Prior to expiry of any individual‟s licence the Service Provider shall ensure that each of it‟s C&R instructors are resubmitted for assessment of competence by the Authority and that a retest of instructors is undertaken.

4.11 Incident Command Training

4.11.1 The Service Provider shall arrange a programme of training to rehearse procedures for managing individual or concerted incidents of Prisoner violence/disruption. These procedures should include informing and the maintenance of communication flows between the Escort Monitor and the relevant Police, Court or prison Premises directly affected.

4.11.2 The Service Provider shall participate in the Authority‟s incident management and command training relevant to their area of operation when requested at its expense.

4.11.3 The Service Provider shall establish and maintain a programme to develop its incident command training and incident management procedures and processes on a regular basis throughout the term of the Contract. The incident command development programme shall include, but not be limited to, relevant changes required to its procedures or processes arising from experience gained through management of actual incidents, experience gained through training exercises conducted with the Authority, or changes to legislation.

4.12 Health & Safety Training

4.12.1 The Service Provider shall ensure that its staff are appropriately trained in Health & Safety and that the appropriate operational procedures are communicated to its staff and to the employees of it‟s suppliers working in the Premises or other locations under this Contract. The Service Provider shall ensure that its Health & Safety training standards and material are updated to reflect changes to legislation or good practice guidelines.

4.13 Fire Safety and Evacuation Training

4.13.1 The Service Provider shall ensure that its staff are appropriately trained in fire safety and evacuation procedures and that the appropriate operational procedures are communicated to its staff and to the employees of its suppliers working in the Premises or other locations under this Contract (as necessary). The Service Provider training shall, where relevant, co-operate with training or test procedures initiated by the Authority on the Premises or in locations selected by the Authority, at its expense.

4.14 First Aid Training

4.14.1 The Service Provider shall provide training during the PCO certification process and regular refresher training for its staff to establish and maintain levels of first aid knowledge appropriate to achieving the standards of Prisoner care required under this Contract.

4.15 Changes to Staff Policy and Procedures

4.15.1 The Service Provider shall communicate and submit any proposed changes to the content of any of the previously reviewed staff policies, recruitment medical examination, fitness testing procedures or other training procedures detailed in Clause 4 of this Schedule to the Authority for review and comment prior to implementing such.

5. PRISONER ESCORT AND COURT CUSTODY TASK

5.1 General

5.1.1 The Service Provider shall be responsible for ensuring that a comprehensive communications process exists to determine the Prisoner escort requirements from, PCUs, prison Premises and relevant hospitals. The Service Provider having completed their routing and scheduling programme will advise the relevant PCUs, prisons and hospitals of the Prisoner escort groupings, vehicle scheduling arrangements and arrival times no later than 0600 hours.

5.1.2 The Service Provider shall complete a security and risk assessment of each individual Prisoner taking into account the circumstances of the escort, previous Prisoner history, and other relevant information available to the Service Provider to determine and ensure the appropriate staffing levels for all types of escort

5.1.2.1 The use of handcuffs will not be mandatory in the escorting of low supervision Prisoners located in open establishments or those attending community placements. Similarly the use of handcuffs will not be mandatory in the escorting of Prisoners located in a National Top-end facility, who have been approved to participate in the Special Escorted Leave (SEL) scheme.

5.1.2.2 The Service Provider shall, utilising the above information and taking cognisance of the type of escort, associated risks and the special needs of Prisoners e.g. mother with baby, determine the most appropriate type of vehicle to be used, requirement for baby seat etc.

5.1.3 Prisoners must be delivered to court in sufficient time before the court sits to enable the formal procedures to be complied with and any necessary meetings or visits to the Prisoners by legal representatives, Social Work Services or Mental Health staff to take place. The latest time by which Prisoners are required to arrive at each court is as follows:

5.1.3.1 45 minutes before the day‟s proceedings are scheduled to commence for High Court proceedings (including those sitting in Sheriff Courts)

5.1.3.2 30 minutes before the day‟s proceedings are scheduled to commence for Sheriff Court and District Court proceedings.

5.1.4 The Service Provider shall ensure that court custody suite admission arrangements and hours of operation allow sufficient time for the reception of Prisoners, whether uplifted from any Police, prison, or hospital Premises and/or delivered by another agency. Court custody suite admission arrangements and hours of operation shall include sufficient time for the needs of Legal, Social Work, Mental Health support and/or support from other authorised persons to be met prior to and after appearance of Prisoners in court

5.1.5 The Service Provider shall have regard to and respond appropriately to communications from the Scottish Court Service and Local Authorities which detail changes to court hours of operation, proposed court holidays or closures, changes of location or any other revisions to court operations.

5.1.6 Courts may sit at times other than those currently known or published. Where holidays involve more than one day‟s court holiday, a Custody Court may then sit on a Saturday or one of the Court holidays. Under such circumstances, the Service Provider shall provide the required Services where a requirement to do so is communicated to them.

5.1.7 PCOs will remain in charge of the Prisoner at all times. The only exception to this will be where there has been a proper transfer of the Prisoner to other authorities who have the legislative powers to manage the Prisoner, i.e. for the purpose of identification parades, deportation, business in other penal establishments, hospitals, etc.

5.1.8 At hand-over, the receiving authority involved must sign for the Prisoner being transferred on the Prisoner Escort Record (PER) form, in order to confirm they have taken over custody of the Prisoner. Similar arrangements will apply when the Service Provider takes custody of the Prisoner from any other authority or where Prisoners are returned from courts back to Legalised Police Cells (LPCs) or PCUs. 5.1.9 The Prisoner shall at all times be advised, at the time of transfer, that they have passed to the care and responsibility of another authority. The Service Provider shall ensure and maintain an entry detailing each transfer, on the PER.

5.1.10 It will be the responsibility of the Service Provider to check that extracts of committal have been correctly completed. Arrangements should be in place to allow any significant remark, made by the presiding Judge concerning the Prisoner, to be communicated to the Authority or others.

5.2 Court Escorts and Custody Tasks

5.2.1 The Service Provider‟s core tasks in relation to Prisoner escorting and management of Prisoners in court custody suites will be, as a minimum, to: Escort persons from PCUs to courts; Escort Prisoners from one court to another; Escort Prisoners from courts to places of custody; Escort Prisoners to and from prison; Escort persons detained in hospital under the Mental Health (Scotland) Act 1984 (to be repealed and replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003), to court and return. Manage custodial business in the criminal courts; Manage court custody activities; Manage bail and discharge arrangements; Manage Police transfer escorts; and Manage Hospital Orders in accordance with the Criminal Procedure (Scotland) Act 1995.

5.3 Escort Persons from Police Custody Units to Courts

5.3.1 The Service Provider will be responsible for escorting Prisoners from PCUs or, in the case of some remote court locations, from legalised police cells to the relevant court location timeously for the required time of their appearance. The Prisoner Escort Record form, or such other form as the Service Provider may agree with the Authority, must be used to record Prisoner movements and activities e.g. departure PCU, arrival at court custody unit, appearance in court, return to cells, leave court for prison, or such similar requirements.

5.3.2 The Service Provider shall be responsible for ensuring that a comprehensive communications process exists to determine the Prisoner escort requirements from PCUs to specific courts or other locations. PCUs are detailed in Schedule 5. The cut-off time for incorporating details of Prisoners requiring transportation from PCUs to court or other locations shall be 0400 hours. Late notification of additional custodies to be escorted from PCUs to court will be accepted, where practicable.

5.3.3 The Service Provider having completed their routing and scheduling programme will advise the relevant PCUs of the days Prisoner escort groupings, vehicle scheduling arrangements and collection / arrival times for all Prisoners being escorted to court no later than 0600 hours.

5.4 Escort of Prisoners from One Court to Another

5.4.1 The legislation states that a person (or Prisoner) requires to be brought before the court no later than in the course of the first lawful day after being taken into custody. The Service Provider shall therefore manage the appearance of a Prisoner in more than one court in the one town or city on the same day e.g. those Prisoner(s) arrested on a number of warrants who have to appear before the sheriff and district court.

5.4.2 The Service Provider shall ensure the attendance of a Prisoner arrested on more than one warrant who requires to appear before a court in another jurisdiction in Scotland is similarly managed. Where the Service Provider reaches agreement with the Police or the courts that it is not practicable to ensure the attendance of a Prisoner before a court in another jurisdiction, on the same day, the Service Provider shall escort the Prisoner to a PCU or to a prison if convicted or remanded, for lodging overnight. Ideally the Service Provider should ensure that the Prisoner is lodged that night at the police custody unit or prison serving the court in the other jurisdiction to ensure that the Prisoner is available to attend court next day.

5.5 Escort of Prisoners from Courts to Places of Custody

5.5.1 The Service Provider shall ensure that all Prisoners leave each courthouse at the earliest opportunity after they are no longer required by the court, subject to Clauses 5.5.2 and 5.5.3 below. The court supervisor or PCO shall review the number of Prisoners due to be returned to places of custody on an hourly basis and take steps to ensure they are transported with due . The Service Provider shall ensure that all Prisoners are uplifted from all courts for transfer to places of custody within 30 minutes of receiving the final warrant of the day.

5.5.2 The Service Provider shall ensure that, prior to the departure of Prisoners from courts, it advises the relevant places of custody of the Prisoner details, numbers and vehicle departure and arrival times.

5.5.3 The Service Provider shall liaise with court officials in relation to the payment of fines or other monies due to be paid by Prisoners or the Prisoner‟s representative. The Service Provider shall therefore manage the:

movement of Prisoner(s) or monies between the custody suite and the relevant office(s) within the court premises; and /or the return of the extract warrant to the court office with the payment, and the issue of a receipt for monies paid by the Prisoner or the Prisoner‟s representative.

5.5.4 The Service Provider shall ensure that no Prisoner shall be released until confirmation has been received from court officials that all monies due have been paid and that no outstanding warrants, extracts or requirements to remain in custody exist.

5.6 Escort of Prisoners to and from Prison, Young Offenders Institution (YOI), and / or Hospital.

5.6.1 The Service Provider will escort Prisoners from prison Premises or hospitals in Scotland to any court within Scotland, including the criminal appeal court.

5.6.2 The Service Provider shall be responsible for ensuring that a comprehensive communications process exists to determine the Prisoner escort requirements from prison premises and hospitals.

5.6.2.1 In terms of escorts from mental hospitals the Service Provider will require to liaise with the relevant hospital authority regarding issues such as;

Outcome of hospital risk assessment i.e. hospital staff in attendance. Type of vehicle to be deployed.

Handcuffing arrangements. Medication issues. Other specific patient needs.

5.6.2.2 The Service Provider shall confirm with relevant prison Premises no later than 1700 of the previous day, the call-forward list of Prisoners required at court the next legal day. This will allow prison Premises to plan effectively for high volume Prisoner movements to court. Final court listings will subsequently require to be confirmed with relevant prison Premises and hospitals when all admissions to the prison from court that day have been processed and in any case no later than 2300 hours.

5.6.3 The Service Provider shall confirm with relevant hospitals at latest by 1700 hours of the preceding day to confirm the identity of Prisoners required for escort to court and other locations.

5.6.4 The Service Provider having planned their routing and scheduling programme will advise the relevant prisons or hospitals of the days Prisoner escort groupings, vehicle scheduling, other relevant arrangements and arrival times no later than 0600 hours.

5.6.5 The Service Provider shall obtain from Procurator Fiscals offices (PF) the release notes for those Prisoners whom it requires to obtain from prison or hospital premises for appearance at the next court sitting.

5.6.6 The Service Provider shall notify the relevant prison Premises of the expected group sizes for the return and/or committal of Prisoners from court daily and shall ensure movement of Prisoners is conducted within the required operational times for those prison Premises that receive committals from court. The Service Provider shall also notify the prison, YOI and hospital (as required) of any potential arrival of Prisoners after 1700 hours. Such notification should be communicated no later than 1615 hours daily.

5.7 Managing Business in the Criminal Courts

5.7.1 The Service Provider shall liaise with the court listing officers within Police forces, hospitals, prison and YOI Premises, in accordance with agreed protocols for the preparation of lists of persons to be conveyed from PCU‟s, persons from prisons and other establishments or Premises for escorting to courts each day.

5.7.2 Where the Service Provider receives late notification of the need for attendance of a Prisoner at court (i.e. early on the day of a Prisoner being required) the Service Provider shall be responsible for the collection and delivery of such Prisoners to court.

5.7.3 The Governor of a prison or YOI, outwith the jurisdiction of a specific court, has an obligation to deliver to court those Prisoners who are required by the Court. To facilitate this arrangement Prisoners may have to be accommodated at a local prison on the night before their appearance. The Service Provider shall escort Prisoners to the local prisons for this purpose where possible as directed by the Authority. The Service Provider shall ensure and undertake the necessary escort arrangements to enable the appearance of such Prisoners whose court hearing is on a Monday. These arrangements may include escort of Prisoners to a local prison no later than the Sunday before the scheduled hearing.

5.8 Management of Court Custody

5.8.1 The Service Provider shall manage Prisoners and be responsible for their security, care and well being in transit, within the court custody suite, and their presence and security in the courtroom during any proceedings. The Service Provider will facilitate the needs of such other organisations within the

criminal justice system that also require the use of court custody suites and access to Prisoner(s) (e.g. Social Work Services, Victim Information Agency, lawyers etc).

5.8.2 Where proceedings involving a Prisoner continue late into the day (after 1700 hours), the Service Provider shall liaise with Court officials to determine the expected time that proceedings will conclude. The Service Provider shall then advise the Governor or Director of the prison or hospital to which the Prisoner may be committed of the expected time of conclusion and return time of the prisoner to prison or hospital. 5.8.3 The Service Provider shall provide sufficient staff at each court taking into account the following, at minimum:

The physical security of the court room, the dock and the surroundings; The physical structure of court buildings and security risks present; The nature and extent of escort and other related tasks to be undertaken within and around the premises by the Service Provider; Types of special risk (escapee, self harm) etc; Intelligence information provided by the Police, the Authority or other agency; The nature of the hearing; The stage that the proceedings have reached; The attendance and mood in the public gallery; The level of media interest; The character and demeanour of accused; Whether the Prisoner is subject to Prison Rule 80 or 95; and Whether it is an extreme risk Prisoner (formerly Category „A‟);

5.8.3.1 The Service Provider undertakes to and shall, as a minimum, staff the following courts permanently. Escort staff shall, where necessary, be used to augment permanent staff as they arrive with Prisoners:

Glasgow Area West Scotland East Scotland North Scotland High Alloa Sheriff Court Of Appeal Peterhead Sheriff Glasgow Sheriff Sheriff Edinburgh High Aberdeen Sheriff Glasgow District Sheriff Edinburgh Sheriff Elgin Sheriff Hamilton Sheriff Dumbarton Sheriff Arbroath Sheriff Sheriff Lanark Sheriff Kilmarnock Sheriff Sheriff Wick Sheriff Airdrie Sheriff Ayr Sheriff Perth Sheriff Dingwall Sheriff Greenock Sheriff Stranraer Sheriff Dunfermline Sheriff Dornoch District Paisley Sheriff Dumfries Sheriff Kirkcaldy Sheriff Tain District Paisley District Kirkcudbright Edinburgh District Sheriff Linlithgow Sheriff Haddington Sheriff Jedburgh Sheriff

5.8.3.2 The Service Provider shall ensure that other courts are staffed appropriately taking into account, as a minimum, the issues detailed in Clause 5.8.3.

5.8.4 The Service Provider shall staff all High Court docks, whether the accused or Prisoner is appearing from bail or in custody.

5.8.5 The Service Provider shall ensure that where persons are appearing in Sheriff and Jury trials (and other related appearances), that the docks are staffed by an appropriate level of dock escort. Where, in a particular case, a Sheriff has indicated in advance to the Service Provider that no dock officer is required, the Service Provider should ensure that the Clerk of the Court endorses the court records accordingly and the Service Provider shall take best efforts to mitigate the risk of escape.

5.8.6 The Service Provider shall ensure that Sheriff Court Summary and District Court courtroom docks are staffed where a person appears from custody.

5.8.7 The Service Provider shall take into custody persons appearing in answer to a citation or from bail who are remanded or sentenced to custody and escort to the designated place of custody

5.8.8 The Service Provider shall ensure, in permanently manned courts, that sufficient staff are available to enable a person so remanded or sentenced in a courtroom, in which the dock was unmanned, to be taken into the custody suite without delay. 5.8.9 The Service Provider shall ensure that a person remanded or sentenced at an unmanned court is taken into legal custody within the timeframe specified in the Service Provider‟s letter and table submitted on 21st March 2003.

5.8.10 The security and fire safety of each Court custody suite shall be assured prior to the court custody suite being vacated by the Service Provider‟s staff at the end of each day‟s business. The standards of fire safety assessment and daily operational checking shall be no less than that submitted within the Service Provider‟s bid referenced Volume 1, 7.7.5, dated 29thNov 2002.

5.9 Bail and Discharge Arrangements

5.9.1 The Service Provider shall ensure that when an accused person or Prisoner appearing from custody is granted bail, any additional bail conditions imposed by the court, which are a prerequisite of release, are complied with before a Prisoner is released from custody. The Service Provider shall release the Prisoner when it has received written confirmation from the court that any additional bail conditions have been satisfied.

5.9.2 The Service Provider shall act on the orders of the Court (including the or PF office) for the release or discharge of Prisoners. Where a custodial disposal is ordered the Service Provider shall ensure that the Prisoner is escorted and returned to prison for the management of the sentence calculation and release procedures. The Service Provider shall enable the determination of the Court to be given effect.

5.9.3 A Prisoner appearing in court who is granted bail, before being released, must be given the accused‟s copy of the bail order. The Service Provider shall ensure that the execution clause on the principal copy bail order has been completed and signed by the person who gives the accused the copy prior to the release of any Prisoner.

5.9.4 The Service Provider shall have no involvement in dealing with bail orders granted by a court in respect of Prisoners who are not present at the time bail is granted.

5.9.5 The Service Provider shall ensure that it retains, catalogues and archives in secure conditions the court records that it utilises or requires to provide the Services. This shall include facsimiles, route sheets, completed PER forms, Prisoner Escort Management System (PEMS) information, etc in hard copy which shall be archived in packs for the „days activities‟ and shall be retained for six years. Spent Court Occurrence Books, Property Registers, and Receipt Books shall also be archived and retained for six years. These records shall remain the property of the Authority and it shall have free access to this information upon request or within 24 hours of any request for access.

5.10 Police Transfer Escorts

5.10.1 Scottish Inter Police Force Transfers.

5.10.1.1 The Service Provider shall be responsible for ensuring that a comprehensive communications process exists to determine the Prisoner escort requirements from PCUs.

5.10.1.2 The Service Provider shall ensure that those persons arrested under the authority of a warrant issued by a Scottish Court and who are temporarily held in a police custody unit outwith the Police force area in which the warrant was issued, are escorted to the relevant court jurisdiction. The Service Provider shall transport and escort such Prisoners within Scotland and deliver them to the PCU serving the issuing court.

5.10.1.3 The Service Provider having completed their routing and scheduling programme will advise the relevant PCUs of the Prisoner escort groupings, vehicle scheduling arrangements and collection / arrival times no later than 0600 hours.

5.10.2 Extract Warrants.

5.10.2.1 The Service Provider shall be responsible for ensuring that a comprehensive communications process exists to determine the Prisoner escort requirements from PCUs.

5.10.2.2 The Service Provider shall ensure that those persons arrested under the authority of a warrant issued by a Scottish Court and who are temporarily held in a PCU pending transfer to prison are uplifted and escorted to the relevant Scottish prison as directed by the warrant or the Authority.

5.10.2.3 The Service Provider on being advised of the requirement to transport a Prisoner to a place of custody shall advise the relevant PCU of the vehicle scheduling arrangements and collection / arrival times, to ensure arrival at the relevant place of custody, having regard for admission procedures and times.

5.10.3 Inter-Police Force Transfers from Outwith Scotland.

5.10.3.1 The Service Provider shall ensure that those persons arrested under the authority of a warrant issued by a Scottish Court who are temporarily held in a PCUwithin another area of the United Kingdom, are uplifted and escorted back to the jurisdiction of the issuing court as directed by the warrant. The Service Provider shall arrange and manage such transfers within the time period indicated by the Authority or a court.

5.10.3.2 The Service Provider having completed their routing and scheduling programme will advise the relevant PCU(s) and places of custody of the Prisoner escort groupings, vehicle scheduling arrangements and collection / arrival times no later than 0600 hours.

5.10.3.3 For the avoidance of doubt, persons arrested in Scotland under the authority of a warrant issued in another part of the United Kingdom are excluded from the inter- force escort arrangements detailed in Clause 5.10.3. The Police will make the necessary arrangements and the Service Provider will not be involved in the transfer of such Prisoners.

5.11 Hospital Orders Criminal Procedure (Scotland) Act 1995.

5.11.1 The Service Provider shall be responsible for ensuring that a comprehensive communications process exists to determine the Prisoner escort requirements from relevant hospitals.

5.11.2 The Service Provider shall be responsible for the court escorts of persons subject to a Hospital Order under the Criminal Procedure (Scotland) Act 1995. The Service Provider shall transport this category of Prisoner to and from court to hospital or to prison (to await a hospital placement) where the warrant or hospital order so requires.

5.11.3 All Prisoners detained in a Mental Hospital under the arrangements detailed in Clause 5.11.2 who are required to attend a Police station for an identification parade (I.D), Police interview or for some other purpose (such as the taking of DNA samples), shall be escorted to and from the required location by the Service Provider.

5.11.4 The Procurator Fiscal, Governor or Hospital authority may make requests for such escorts direct to the Service Provider. A period of 48 hours notice will normally be communicated to the Service Provider for this Service requirement. Where, by exception, it is not possible to provide such period of prior notice, the Service Provider shall ensure that the escort is undertaken in accordance with the Authority‟s requested timescales.

5.11.5 The Service Provider shall not be required to undertake other types of escorts (see Clause 5.12.3) for patients or Prisoners whilst the individual is subject to a Hospital Order under the Criminal Procedure (Scotland) Act 1995 or Mental Health (Scotland) Act, 1984, (to be repealed and replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003) with the exception of Police Enquiries.

5.12 Non-Core Services

5.12.1 Notice periods for requesting Non-Core Services are listed within Clauses 5.13 to 5.29. Where the Service Provider receives late notification of the requirement for any Non-Core Service it shall make all reasonable endeavours to meet such requests, particularly where these requests are of a non-routine or emergency nature.

5.12.2 The Service Provider shall be responsible for ensuring that a comprehensive communications process exists to determine the Non-Core Service requirements from Prison Premises.

5.12.3 The Service Provider shall be responsible for the escorting of Prisoners, including those requiring extreme risk escorts who are required to attend any location (requested by the Authority) for any of the following reasons, but not limited to:

Children's Hearings (parent attendance) Committal of Children to Prison Funeral Escorts Police Enquires Immigration Appeals Deportation Inter-jurisdictional transfer (England and Wales (E&W), and Northern Ireland) Inter Prison Transfer Inter Prison Visit Marriage Escorts Transfer to and from Hospital (subject to Mental Health (Scotland) Act 1984 Hospital and/or Other Medical Appointments Hospital Supervision and Confinement, including maternity and mother with baby escorts Social Security Tribunal Special Escorted Leave and/or Escorted Exceptional Day Absence

Community placement escorts Home Leave escorts

5.12.4 The Service Provider shall develop and maintain operational procedures for each of the escort types detailed in Clause 5.12.3, giving special consideration to the specific needs of specific Prisoners. The Service Provider shall maintain these procedures and ensure that they are available for review by the Escort Monitor upon request. The Service Provider shall also communicate any proposed changes to the Authority for review and comment prior to implementing such.

5.12.5 The Service Provider having planned their routing and scheduling programme will advise the relevant prisons or hospitals of the days Prisoner escort groupings, vehicle scheduling, other relevant arrangements and arrival times no later than 0600 hours

5.12.6 The Service Provider's operational procedures shall include a provision that its escort staff shall wear uniform for each of the above escort types. Exceptions to this uniform provision, where the Service Provider staff may wear civilian clothes, shall only be at the discretion of the Governor of the holding prison and with the prior written authorisation of the Authority in each case.

5.12.7 The Service Provider shall complete a security and risk assessment of each individual Prisoner taking into account the circumstances of the escort, previous Prisoner history, and other relevant information available to the Service Provider to determine and ensure the appropriate staffing levels for each escort type detailed in Clause 5.12.3.

5.12.8 The Authority reserves the right to amend the scope and range of escort types detailed in Clause 5.12.3 throughout the duration of the Contract, subject to the Contract Conditions with the Service Provider.

5.13 Childrens’ Hearings

The Service Provider shall collect from prison all Prisoners (being parents or guardians) given permission by the Governor to attend a children's hearing, escort them to the relevant authorised visit location and return them to prison. A minimum period of 24 hours notice of escort requirement will apply.

5.14 Committal of Children Appearing in Court

5.14.1 A court may certify the of an „unruly‟ child (young person) to a prison or young offenders institution. The Service Provider shall be responsible for the initial transfer to custody, and any subsequent escort needs required to and from prison. The Service Provider shall ensure that Social Work Service personnel are contacted and involved in the transfer process to the extent requested by Social Work Services or as required by legislation. A minimum period of 24 hours notice of escort requirement will apply.

5.15 Funeral Escorts

5.15.1 The Service Provider shall escort from prison all Prisoners given permission by the Governor to attend a funeral and shall return the Prisoner to prison immediately following the funeral service. The Prison Governor will determine the ceremonies or rites the Prisoner is to attend, and advise the Service Provider at the time of requesting this Service. A minimum period of 48 hours notice of escort requirement will apply.

5.16 Police Enquires

5.16.1 The Service Provider shall collect from prison, escort the Prisoner to the Police station notified to it by the Authority, and return to prison those Prisoners required for identification parades and or

interview or for some other purpose (such as the taking of DNA samples). A minimum period of 24 hours notice of escort requirement will apply.

5.17 Immigration Appeals

5.17 .1 The Service Provider shall collect from prison, undertake the escort and return to prison all dual status Prisoners (i.e. those detainees serving a custodial sentence) who are required to attend an immigration appeal. A minimum period of 24 hours notice of escort requirement will apply.

5.17.2 The Service Provider shall liaise with those conducting the immigration appeal or with the Authority receiving the Prisoner to establish any special security measures that require to be taken while maintaining the appropriate duty of care and security for the detainee.

5.18 Deportation

5.18.1 The Service Provider shall escort any person awaiting deportation who is committed to prison by a court, to any court, Police station or prison. A minimum period of 24 hours notice of escort requirement will apply.

5.18.2 For the avoidance of doubt persons awaiting deportation will only in exceptional circumstances be committed to prison. The task of escorting a Prisoner to a deportation location is normally carried out by a contractor on behalf of the Immigration Services and only in exceptional circumstances will the Service Provider be responsible for such deportation escorts.

5.19 Inter–Jurisdictional Transfer

5.19.1 The Service Provider shall undertake the scheduled fortnightly inter-jurisdictional transfer of Prisoners to and from Scotland and HM Prison Service in England and Wales.

5.19.1.1 The Service Provider shall ensure that transfer arrangements for all Scottish male Prisoners are co-ordinated through HMP Edinburgh and those for female Prisoners via HMP & YOI Cornton Vale. The Prisoners shall be escorted into the HM Prison Service within England & Wales (E&W) via HMP Durham. A minimum period of 48 hours notice of escort requirement will apply.

5.19.1.2 The Service Provider shall establish arrangements with the Home Office and the Authority for Prisoners who are to be transferred from HM Prison Service prisons in England & Wales to Scotland and shall undertake scheduled inter-jurisdictional transfers as requested by the Authority.

5.19.2 The Service Provider shall undertake inter-jurisdictional transfer of Prisoners to and from Scottish Prisons to the Northern Ireland Prison Service when so requested by the Authority. A minimum period of 48 hours notice of escort requirement will apply.

5.19.3 The Service Provider shall escort Prisoners for court appearance and sentence recall to various locations throughout E&W, and Northern Ireland and Scottish prisons as requested by the Authority. A minimum period of 48 hours notice of escort requirement will apply.

5.20 Inter-Prison Transfers

5.20.1 Routine The Service Provider shall collect from the holding prison all Prisoners to be escorted to another prison in Scotland, undertake the escort and hand over the Prisoner(s) to prison staff at the receiving location. A minimum period of 48 hours notice of escort requirement will apply to routine requests. 5.20.2 Non-Routine or Emergency Where requests for this element of service are for non-routine or emergency reasons, or following incidents of serious prison unrest or disruption, the Service Provider shall commit to providing the level of vehicles and crew on site at the relevant establishment, to assist with transportation arrangements, within the timescales detailed in the Table included within their letter of 22nd January 2003 (see Table 5). 5.20.2.1 The Authority shall on being made aware of a requirement for the Service Provider‟s assistance, liaise with the Service Provider to discuss; . Level of assistance required/ available. . Response time for all vehicles/ staff required. . Impact on next days Core and Non-Core business. 5.20.3 The Prisoner‟s property, including valuables, warrant and medical record shall normally accompany the Prisoner however, the Authority may require some Prisoner movements to be completed without Prisoner property. 3 In these latter cases the Authority may require the Service Provider to undertake the subsequent transfer of Prisoner property.

5.21 Inter-Prison Visits

5.21.1 The Service Provider shall escort from the holding prison all Prisoners given permission for an inter- prison visit. The holding prison will agree an approximate time-scale and dates for the inter-prison visit with the other prison prior to requesting the escort from the Service Provider. The Service Provider shall plan the necessary escort activity to meet the Authority‟s requested dates, collect the Prisoner(s) from the holding prison, escort to the other prison, and hand over the Prisoner(s) to prison staff. At the end of the visit period the Prisoner shall be returned to the original prison by the Service Provider. The Service Provider shall ensure that the appropriate documentation is managed. A minimum period of 48 hours notice of escort requirement will apply.

5.22 Marriage Escorts

5.22.1 The Service Provider shall escort from the holding prison all Prisoners, given permission by the Governor, to marry outside the prison to the place of marriage, remain with the Prisoner throughout the marriage ceremony then return the Prisoner to prison. The marriage ceremony shall be arranged by the holding prison and be held at a location (advised to the Service Provider at the time of requesting the Service) where the marriage may lawfully be performed. The Prisoner shall be returned to the prison as soon as the marriage ceremony, including any photographs and light meal, has concluded. (Prisoners shall only be permitted to participate in post marriage ceremony photographs and a light meal where prior authorisation has been provided to the Prisoner and communicated to the Service Provider by the Authority prior to the escort). A minimum period of 72 hours notice of escort requirement will apply.

5.22.2 The Service Provider's escort staff shall wear uniform unless prior written authorisation has been provided by the Authority for the staff to wear civilian clothes.

3 Inter prison transfers without simultaneous transfer of Prisoner property would typically occur where unscheduled or short notice movements arose following serious prison disruption or unrest.

5.23 Transfer to and from Hospital (subject to Mental Health (Scotland) Act 1984 to be repealed and replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003),

5.23.1 The Service Provider shall escort Prisoners who are subject to a valid Mental Health Section Order to hospital under the provision of the Mental Health (Scotland) Act 1984 (to be repealed and replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003) when instructed to do so by a court or Governor of a prison and hand-over to the relevant receiving authority. A minimum of 48 hours notice of escort requirement will apply.

5.23.2 On occasions, a patient‟s treatment at a hospital may be completed prior to the end of his/her sentence. In these circumstances the Service Provider shall arrange for those individuals discharged from hospital to be returned to prison to complete their sentence.

5.24 Hospital and/or Other Medical Appointments

5.24.1 The Service Provider will be required to escort from prison all Prisoners requiring medical treatment to the relevant required location, remain with and maintain secure custody during treatment and return the Prisoner to the holding prison following completion of treatment. This shall include undertaking scheduled hospital, optician, dental appointments, etc, to locations and/or other prison Premises for treatment as requested by the Authority. A minimum of 72 hours notice of escort requirement will apply.

5.25 Hospital Supervision and Confinement, Including Maternity and Mother with Baby Escorts

5.25.1 Where admission (confinement) to hospital is pre-planned the Service Provider shall escort the Prisoner from the holding prison to the hospital prior to commencing the hospital security and supervision duty. At the end of any period of medical confinement, security and supervision duty, the Service Provider shall return the Prisoner to the holding prison. Confidentiality dictates that no clinical information shall be verbally passed to the Service Provider's staff without the express written consent of the patient. Written, sealed medical records may however accompany the returning Prisoner where such records are provided by the hospital. The Service Provider shall arrange for the secure transfer of such documents. A minimum of 48 hours notice of escort requirement will apply.

5.25.1.1 The Service Provider shall ensure that the procedures covering maternity escorts (including planned, unplanned or emergency escorts) shall be no less than those detailed within Volume 1, 3.8.9 of the Service Provider‟s proposal dated 29th November 2002.

5.25.1.2 The Service Provider shall in determining the most appropriate type of vehicle to be used in these circumstances, take cognisance of the special needs of Prisoners e.g. mother and baby and the requirement for provision of a baby seat etc.

5.25.2 The Service Provider shall assume responsibility for the security, supervision and escort of any Prisoner confined to hospital following an emergency.

5.25.2.1 The Governor of the prison responsible will request and notify the Service Provider of the need for supervision and escort for those admitted direct from prison. The Service Provider shall ensure that it‟s staff respond to such requests and are available ready to assume responsibility for the Prisoner at the required hospital within 90 minutes of any request from the Authority.

5.25.2.2 The Service Provider shall ensure that those admitted to hospital direct from court following an emergency are subject to suitable security and supervision arrangements.

5.26 Social Security Tribunal

5.26.1 The Service Provider shall escort from prison all Prisoners given permission by the Governor to attend a social security tribunal to the required location and then return the Prisoner to prison. The Service Provider shall liaise with those conducting the tribunal to establish any special security measures that require to be taken while maintaining the appropriate duty of care and security for the Prisoner. A minimum period of 48 hours notice of escort requirement will apply.

5.27 Special Escorted Leave and/or Escorted Day Absence

5.27.1 The Service Provider shall escort from the holding prison any Prisoner who has been granted leave under Prison Rules 91 or 92, uplift the Prisoner(s), undertake the escort to the specified location, remain with the Prisoner throughout, maintain the appropriate duty of care and security, and return the Prisoner to prison at the end of the visit. The Service Provider shall carry out a security risk assessment and determine the appropriate staffing in each case for such escorts. A minimum period of 72 hours notice of escort requirement will apply

5.27.2 The exact scope of the leave or visit will be determined in advance by the Governor of the holding prison and the details will be passed to the Service Provider. The Service Provider shall submit a report on the conduct and demeanour of the Prisoner and the environment to the Governor upon return to the prison following completion of the visit.

5.28 Community Placement Escorts

5.28.1 The Service Provider shall collect from prison all Prisoners participating in community based work placements, transport them to the relevant authorised work location and return them to the prison at the end of the working day. The exact locations, timing for uplift and drop-off of Prisoners and frequency of journeys will be determined in advance by the Governor of the holding prison and details will be passed to the Service Provider. A minimum period of 48 hours notice of escort requirement will apply.

5.29 Home Leave Escorts

5.29.1 The Service Provider shall escort from holding prison all Prisoners granted home leave, transport them to relevant central drop-off point(s), uplift from these point(s) at an agreed pick up time and return Prisoners to the relevant holding prison. The exact location(s), timing for drop-off and uplift of Prisoners and frequency of journeys will be determined in advance by the Governor of the holding prison and details passed to the Service Provider A minimum period of 48 hours notice of escort requirement will apply.

5.30 Transfer of Responsibilities

5.30.1 The Service Provider shall ensure that appropriate and auditable arrangements exist and are maintained to record any transfer of Prisoners from, or to, any legal holding agency to the Service Provider, on each and every occasion that the Prisoner passes from one legal holding agency to another. Each Prisoner must be positively identified at the time of collection from any agency. The Service Provider must, as a minimum:

Ensure that the Prisoner is the person named in the warrant or on the police report; Confirm with the dispatching agency that he or she is due to attend the location specified that day; Be responsible for the safe keeping of the Prisoners' property and cash; Be responsible for the safe keeping and transportation of official records, and other documentation; Be responsible for the management of medication issues;

Be responsible for the care and well being of the Prisoner; Be responsible for the transportation of Prisoners; Account for all items received and handed over; Be responsible for the health and safety of the Prisoner; and Be responsible for the security and safe custody of each Prisoner.

5.30.2 Where visible injuries exist or the Prisoner complains of any injury or ailment at the time of hand-over, the Service Provider shall as a minimum:

Make a written note of the injuries on the PER and ensure that the dispatching Authority provides written confirmation of any injuries that were present at hand-over; and Ensure that the Prisoner‟s fitness to travel has been determined by the dispatching Authority.

5.31 System Reviews

The Service Provider shall, following upon any such request by the Authority, contribute and provide input to reviews or any strategic initiatives within the Scottish criminal justice system that may impact the Services.

6. ADMISSION, INDUCTION AND RELEASE

6.1 Prisoner Admission and Court Custody

6.1.1 The Service Provider shall ensure that the manner in which a Prisoner in their care is received and treated reflects an appropriate balance between the necessary routine and formalities that must be completed and each individual‟s reactions, needs and anxieties, and whether or not they have had previous experience of custody.

6.2 Admission Process

6.2.1 The Service Provider shall ensure that all persons or Prisoners admitted are positively identified at the time of arrival from any agency to ensure that each individual Prisoner is the person named in the warrant or on the police report and shall confirm that they are due to appear before the court specified that day. The Service Provider must also as a minimum:

Ensure that relevant and up to date court listings are available to its staff; Assume responsibility for the retention, safe keeping and secure management of official records, Prisoner records, and other documentation in transit and at court; Assume responsibility for the management of medication issues including a Prisoners emergency admittance to hospital and subsequent supervision Account for all items received and handed over including recording and safeguarding Prisoners‟ property and cash. Prisoners‟ monies must be accounted for and detailed separately from other property; Assume responsibility for the health & safety of the individual; and Assume responsibility for the security and well being of each Prisoner.

6.2.2 The Service Provider shall ensure upon arrival at court that every Prisoner is assisted in their understanding of their rights and is given useful information, in a language he/she understands. Service Provider staff shall offer initial advice and answer any immediate queries.

6.2.3 The Service Provider shall ensure that Prisoners are held and transported in conditions suitable to their needs throughout the period in its custody. Proper procedures shall be established to ensure that any Prisoners with sensory impairment and/or welfare needs are identified and that these needs are acted upon without delay.

6.2.4 Where any Prisoner‟s behaviour is giving the Service Provider cause for concern (whether suspected mental health or other behavioural concerns) this shall be immediately communicated to court officials, and the PF where necessary.

6.2.5 Service Provider staff shall satisfy themselves that each Prisoner understands the information and enquire as to whether there are any urgent personal, domestic or legal concerns that require immediate attention. Any relevant issues shall be brought to the attention of the court where necessary.

6.2.6 The Service Provider shall ensure that where a Prisoner or an accused has a need for interpretation services that this is drawn to the attention of the PF and the court.

6.3 Suicide Risk Management

6.3.1 The Service Provider shall ensure that all Prisoners or accused are screened in accordance with its policy and procedures to identify any risk of suicide or for indicators of self-harm. The Service Provider shall take appropriate measures in response to identified risks whether these were identified by the Police, the Authority or the Service Provider itself. The Service Provider‟s screening procedures and staff shall be sensitive to any change in a Prisoner‟s circumstances (e.g. from detention to convicted status).

6.3.2 If a Prisoner who has been identified as at risk of self-harm or suicide is ordered by the court to be detained in custody, the receiving establishment or hospital should be provided with advance notification of his/her detention, in order that appropriate arrangements can be made for the Prisoner‟s reception and ongoing care.

6.4 Cell Allocation

6.4.1 The Service Provider shall ensure that the management and operation of court custody cells takes account of the separation requirements of various classes (as identified in Clause 3.2) and types of Prisoner by special needs and/or classification.

6.5 Prisoner Correspondence

6.5.1 The Service Provider shall ensure that correspondence with legal, social work and other specialist support personnel is managed in accordance with Prison Rules.

6.6 Challenge by Prisoner

6.6.1 The Service Provider shall ensure that Prisoners who challenge their continued custody are not released without verification from the court and/or holding authority.

6.7 Prisoner Release

6.7.1 The Service Provider shall ensure that discharge procedures at court enable and verify that:

the relevant authority has completed the necessary documentation authorising the Prisoner‟s release; where so directed all instructions, written or oral, in relation to the release of a Prisoner are followed; each Prisoner is prepared and available for release at the time and place required; each Prisoner is in receipt of his/her property and cash; each Prisoner is adequately clothed and fed; and that each Prisoner, where appropriate, is fit to travel.

6.7.2 All Prisoners shall be released without delay following direction being received from the court and confirmation of outstanding fines being paid or bail conditions being fulfilled.

6.7.3 Where Prisoners have been sentenced to a period of which is backdated the Service Provider shall ensure that they are returned from court to prison for the warrant to be processed, sentence calculated and release dates verified. The Authority shall, if applicable, be responsible for the Prisoner(s) release procedures and, where appropriate, the Authority will provide convicted Prisoners with the relevant subsistence and/or a discharge grant in accordance with Social Security instructions.

6.7.4 The Service Provider shall ensure that no Prisoner shall be released on the basis of incomplete or inaccurate documentation until details have been verified with the issuing Authority. The Service Provider shall consult court officials and the holding authority prior to any Prisoner being released in such circumstances. The Service Provider shall retain any document authorising such release(s) on file in the court.

6.7.5 The Service Provider shall ensure that extract warrants, property, cash and valuables of every Prisoner must be fully accounted for and receipt(s) obtained.

7. CARE AND SERVICES FOR STAFF AND PRISONERS

7.1 Management of Court Facilities

7.1.1 The Service Provider shall exercise a duty of care and shall be responsible for the operation of the court custody suites (including arrival and embarkation of Prisoners from and onto vehicles) in accordance with legislation and good practice. This shall include ensuring that there are appropriate operational procedures for the management of cell doors and cell locking, and also the supervision of Prisoners within cells or the court custody suite. The Service Provider shall ensure that there is provision of good light and ventilation for each ordinary cell to permit the entry of fresh air and adequate light under normal conditions.

7.2 Responsibilities for Court Facilities

7.2.1 For the avoidance of doubt the Service Provider shall not be responsible for the daily cleaning of court custody, Police or prison Premises. The Service Provider shall however ensure that general cleanliness and good hygiene standards are maintained by it at all times within the court custody facilities within which it operates and that instances of poor cleaning or hygiene are drawn to the attention of the court and the Authority. Similarly, the Service Provider shall note that the physical maintenance or repair of court Premises shall be the responsibility of the SCS and/or Local Authority, however the Service Provider retains a duty to report any areas of a concern to relevant authority and / or the Authority.

7.2.2 The Service Provider shall ensure and be responsible for reporting and taking action in relation to the following aspects of its management of court custody areas and court facilities:

Remedying locking failures and disclosures of key compromise; Failure of facilities, including “call-out” procedures; The management and actual cleaning of spills and body fluids; The management of cell infestation; The management of general cleaning logs; The management of health & safety; The management of fire safety; and Reporting defects and managing the response.

7.2.3 The Service Provider shall ensure that it establishes and operates clear, auditable procedures for security locking and management of any keys provided by the Authority or obtained by the Service Provider to enable Services to be provided under this Contract.

7.3 Access to Manuals, Records & Documents.

7.3.1 The Service Provider shall ensure that the Escort Monitor has access to all relevant records, which the Service Provider shall maintain in respect of its operation and use of court custody areas and court facilities. These records shall include but not be restricted to those contained within Table 4: Records and Data.

7.4 Vandalism

7.4.1 The Service Provider shall take steps to reduce the risk of vandalism by Prisoners and shall report such incidents immediately to the appropriate authorities.

7.5 Toilet and Sanitation Facilities

7.5.1 The Service Provider shall ensure that Prisoners have access to toilet and sanitation facilities in the court custody suite. Whilst in transit Prisoners shall at minimum be offered access to a toilet every 2½ hours, at specific secure locations, where access is reasonably available. As a minimum this shall include Prisoner access to a toilet, wash-hand basin and the necessary requisites to allow Prisoners to maintain a good standard of personal hygiene. The Service Provider shall manage Prisoner access to these facilities (where these are available) and are not in cell,(with particular regard to any relevant Prisoner medical condition) 4

7.6 Drinking Water

7.6.1 The Service Provider shall ensure that a supply of good quality drinking water is readily available to every Prisoner at court and whilst Prisoners are in transit. The Service Provider shall ensure that the supply of water is appropriate to the length of time that the Prisoner spends in the care of the Service Provider but, as a minimum, that an offer of drinking water is made to each Prisoner at least every 2 ½ hours. The Service Provider shall ensure that the offer or availability of drinking water also reflects the needs of Prisoners whose journeys commence late in the day following time at court, a Prisoner‟s medical condition or which are undertaken during periods of hot weather.

7.7 Inspection and Security Risk Assessment

7.7.1 The Service Provider shall provide the Authority with a plan and programme of regular court and vehicle inspections, and security risk assessments. These plans shall allow for liaison and co- operation with the Authority and other agencies throughout the term of the Contract.

7.8 Management of Prisoner Healthcare, Medication and Infection Control.

7.8.1 The Service Provider shall establish and maintain up to date medical care plans for each court location. The care plan shall ensure the timeous provision of medical support services that are appropriate to the volume, the medical and treatment needs (where required) of the Prisoners being managed. The medical care plan shall, as a minimum, include and provide:

7.8.1.1 Named medical care provider points of contact and procedures to contact these individuals;

4 For the avoidance of doubt the Service Provider should not assume that all police stations and/or prison establishments shall be available for security and toileting as many locations do not operate a 24-hour rota.

7.8.1.2 A maximum one hour attendance response time at any of the court Premises Where for any reason, the relevant medical care provider is unable to respond within one hour, the Service Provider will ensure that contingencies are in place to maintain appropriate standards of Prisoner care.

7.8.1.3 All PCOs will be trained and authorised to provide or administer first aid. Procedures for contacting PCOs will be displayed in relevant court custody suite areas.

7.8.1.4 Details of first aid provided by the Service Provider‟s staff must be recorded on the relevant P.E.R.

7.8.1.5 Procedures for the management of requests or complaints from Prisoners regarding their health or requests for medical treatment;

7.8.1.6 Procedures for the management of and Prisoner access to medication or care previously prescribed by a Police Surgeon (sometimes known as the Forensic Medical Examiner (FME)), a Prison Medical Officer or the accused‟s own General Practitioner (as appropriate). The Service Provider shall develop such procedures in conjunction with the Authority and representative FME‟s.

7.8.1.7 Procedures for verifying the identity of any medical practitioner who it requests to attend a Prisoner prior to the medical practitioner actually visiting the Prisoner.

7.8.1.8 Contingency plans concerning emergency care both in courts or where a Prisoner becomes ill or reports illness whilst in transit; and

7.8.1.9 Processes and procedures for the management of Prisoners in the care of Service Provider who may be suspected of, or found to have, an infectious or notifiable disease or illness including, but not be limited to:

Anthrax; Meningitis; Canine Parvovirus (CPV); Scabies; E. Coli; Shingles; Hepatitis; Tuberculosis; and Impetigo; Weil‟s Disease.

7.8.2 Qualifications of Health Care Staff

7.8.2.1 All medical practitioners employed or under contract to the Service Provider shall evidence to the Service Provider that they are engaged in continuing medical education and that they are eligible to receive postgraduate educational allowance.

7.8.2.2 The Service Provider shall ensure that all other health care professionals employed are appropriately qualified to undertake the tasks allocated to them, and hold a current registration certificate from the appropriate authority.

7.8.2.3 The Service Provider shall maintain relevant records which evidence the qualifications and registration of medical and health care professionals employed by, or under contract to, the Service Provider. These records shall include details of all verification checks undertaken by the Service Provider.

7.8.3 Medical Records

7.8.3.1 The Service Provider shall ensure that the provision of any medical care and treatment of individual Prisoners is adequately recorded. These should, as a minimum, include details of:

Any issues regarding fitness to travel; Any first aid administered; Any use of force; Maternity and nursing mother care; Any mental health care issues; Any prescribed medication, its verification and management; Any drug and alcohol withdrawal symptoms or treatment; Any need for hospitalisation; Any medical treatment administered; The reporting of any medical care, or medication provided, whether at court or in transit; Any instance of actual or attempted self harm; Any instance of actual or attempted suicide; and Any death in custody.

7.8.4 Access to Own Doctor

7.8.4.1 The Service Provider shall ensure that civil and untried Prisoners who request such, may be visited by a Doctor of their choice at their own expense. The Service Provider shall ensure that it establishes and verifies the identity of any Doctor who it requests to attend a Prisoner under this Clause, prior to the Doctor physically meeting the patient / Prisoner within the Premises.

7.8.5 Health Issues

7.8.5.1 The Service Provider shall ensure that appropriate material is available to Prisoners or accused which encourages a healthy lifestyle. This shall include, at minimum, information or advice regarding:

HIV/AIDS; Smoking; Drugs; Solvent Abuse; and Alcohol Abuse.

7.8.6 Medical Services Costs

7.8.6.1 The Service Provider shall meet the costs of all treatments, drugs, aids or appliances supplied to any Prisoner whilst in its care or custody, except those costs incurred by civil and untried Prisoners visited by their own Doctor.

7.9 Compilation of Statistics and Annual Report

7.9.1 The Service Provider shall submit, in a format to be agreed with the Authority, any required reports or statistics requested and an annual report reviewing the operation of all medical facilities and services.

7.10 Prisoner Clothing

7.10.1 The Service Provider shall ensure and manage the processes associated with any changes to Prisoners‟ clothing 5 that arise whilst the Prisoner is in its care including, but not restricted to:

Exchanges of own clothing The provision of clean emergency clothing (following self soiling etc) at Service Provider cost Searching of clothing items Notification to the holding Authority of any changes of Prisoner clothing.

7.11 Food Services

7.11.1 The Service Provider shall ensure that every Prisoner in its care receives nutritious, varied and good quality meals at regular intervals.

7.11.2 The meals provided shall, as a minimum, reflect:

a choice of meal menus (lunch and evening meals); the needs of those with special dietary requirements; and the frequency of food (and provision of drinking water) shall be within the parameters detailed in Clause this 7.11.1, 7.11.2, 7.11.3, 7.11.4 and Clause 7.6.

7.11.3 The Service Provider shall be required to establish the routine meal times at places of custody and make suitable alternative arrangements for meal provision for those Prisoners who cannot be transported to places of custody in time to receive their meals at the stated time. A similar arrangement will require to be in place where, due to the length of journey to be made, a Prisoner requires to be uplifted from a place of custody prior to a routine meal time.

7.11.4 The Service Provider shall ensure that:

7.11.4.1 the preparation and serving of meals is conducted in accordance with current legislation and associated regulations; and

7.11.4.2 that it enacts suitable arrangements for the provision of post-meal clear up of dishes utensils, condiments and the cleaning of dishes, utensils and facilities.

7.11.4.3 Prisoners receive their meals at or around the same time as meals are routinely provided at the relevant places of custody.

7.12 Court Based Social Work and Mental Health Services

7.12.1 The Service Provider shall co-operate and establish good day to day liaison procedures, and shall ensure an appropriate level of access for social work and /or mental health personnel to Prisoners. The Service Provider shall ensure that these staff are provided with sufficient access to Prisoners to enable them to undertake the range of tasks associated with providing information and mandatory advice to the court and through-care services for offenders and their families. These tasks include:

Dealing with requests for reports, making them available to the court, and presenting them in court when necessary; Providing oral and stand down reports for the court; Interviewing offenders immediately after the court has asked for a report;

5 Prison Rules allow every Prisoner to wear their own clothing to court.

Interviewing offenders/accused persons immediately after the court has passed a custodial sentence or remand; Helping to divert persons suffering from mental disorder (in conjunction with local medical and psychiatric services) who may be at risk to themselves from a custodial remand; and To secure bail accommodation, where possible

8. SECURITY: PASSIVE AND DYNAMIC

8.1 Security Reviews

8.1.1 The Service Provider shall be responsible for the continuous assessment and management of security risks throughout the Contract. The Service Provider shall ensure that its own standards promote a strategic and proactive approach to the management of security, and provide an appropriate emphasis on assessment of threat.

8.1.2 For the avoidance of doubt the physical security aspects and facilities management of the Supreme and Sheriff Courts throughout Scotland shall remain the responsibility of the SCS, and the District Courts the responsibility of each Local Authority (Local Council). The Service Provider shall assess, identify and manage security risks to ensure the safe custody of Prisoners at all times, to prevent escape and to protect the public.

8.1.3 The Service Provider‟s operational procedures shall place first emphasis on, and fully reflect appropriate security standards. These shall include, but not be limited to security:

At point of hand-over from agencies; At point of transfer from vehicles to the premises (Court, Police, Prison or other locations); During transit; During court custody suite confinement; During movement within court premises; and During court hearings.

8.2 Prisoner Accommodation

8.2.1 The Service Provider shall ensure appropriate security standards are maintained both in court custody suites, any alternative holding accommodation where no court custody suite exists, and in the case of non-court related escorts where locations comprise public places (public buildings, hospitals, dentists, opticians, churches, etc).

8.3 Official Visits to Prisoners

8.3.1 The Service Provider shall ensure that any Prisoner visits authorised by an appropriate authority (e.g. Judge or Sheriff, PF, or the Authority) are conducted in a manner that ensures the safety and the secure custody of Prisoners, control of official visitors and the elimination of contraband.

8.3.2 The Service Provider shall ensure that there are no routine social or family visits undertaken within custody suites at Scottish Courts with the exception of those specifically authorised by a Judge or Sheriff.

8.4 Discipline

8.4.1 The Service Provider shall manage breaches of Prisoner discipline in accordance with the legal requirements detailed in any prison rules for remand and convicted Prisoners, or shall otherwise involve the Police. The Governor and/or the Authority appointed Controller of a prison shall be responsible for the inquiry, adjudication and disposal of any charges raised under such prison rules.

8.4.2 On occasions where a Prisoner is charged with a breach of discipline as outlined above the member of the Service Provider staff raising the charge shall, if required by the Authority, appear in person at any adjudication hearing at times requested by the Authority. The Service Provider shall normally be provided with 24 hours notice of the date, time and location of any adjudication hearing.

8.4.3 The Service Provider‟s staff shall, where required, also co-operate with, and make staff available to support, any Police investigation and request for evidence.

8.5 Searching

8.5.1 The Service Provider shall establish and maintain a regime for searching (including management of strip searches of Prisoners) in accordance with any prison rules, or shall otherwise involve the Police.

8.6 Physical Restraint

8.6.1 The Service Provider shall ensure that all PCO staff are appropriately trained and subject to, as a minimum, annual retraining in the application and use of control & restraint techniques (C&R) including the use of mechanical restraints for managing violent Prisoners and/or incidents. Only C&R techniques and mechanical restraints approved by the Authority may be utilised under this Contract. The frequency and duration of such training shall be no less than that detailed in the Service Provider‟s bid submission contained within Volume 1, 7.5 – 7.7.6 and Annexes J & K of the Service Provider‟s bid dated 29th November 2002.

8.6.2 The Service Provider shall ensure that whenever possible, any use of force is sanctioned in advance by the Escort Monitor and any use of force shall, as a minimum, be authorised and supervised by a senior member of the Service Provider‟s staff as detailed within Volume 1, Section5 of the Service Provider‟s proposal dated 29th November 2002.

8.6.3 The Service Provider shall record and maintain records of all instances where C&R techniques or mechanical restraints have been utilised, as detailed within Volume 1 of the Service Provider‟s proposal dated 29th November 2002. Details of the incident (including staff and Prisoners names) and any medical examination of the Prisoner(s). The Service Provider‟s system of recording shall be designed to withstand critical examination.

8.6.4 The Service Provider must obtain approval from the Authority for any types and models of mechanical Prisoner restraint equipment that it proposes to utilise under this Contract, and shall only utilise the equipment types and models approved by the Authority.

8.6.5 The Service Provider shall ensure that all C&R equipment is maintained in a fit and serviceable condition.

8.7 Incident Reporting & Management

8.7.1 The Service Provider shall ensure that a comprehensive system of incident reporting and logging (including but not limited to the Reportable Incidents detailed as Table 2 to this Schedule 1) is established and maintained including procedures for contacting the Escort Monitor and the Authority (as appropriate) as detailed in Volume 1, Section 6 of the Service Provider‟s proposal dated 29th November 2002. For the avoidance of doubt the illustrative list of reportable incidents at Table 2 of this Schedule 1 is not related or aligned to Schedule 2, Performance Management.

8.7.2 The Service Provider shall manage any major or minor incidents of disorder that arise amongst Prisoners under their control as detailed in Volume 1, Section 6 of the Service Provider‟s proposal dated 29th November 2002.

8.7.3 The Service Provider shall ensure that its incident management and control system includes a requirement and obligation to gather and record intelligence during incidents and to communicate such information to the Authority and/or the Police during (ideally on a „real time‟ basis as events occur) and following any incident as detailed in Volume 1, Section 6 of the Service Provider‟s proposal dated 29th November 2002.

8.8 Contingency Planning

8.8.1 The Service Provider shall prepare incident and emergency contingency which shall outline the planned interventions, activities, and management control structures that will manage and mitigate any event that may disrupt the day-to-day routine or expectations of court business, custody of Prisoners in transit and Prisoner management as detailed within Volume 1 of the Service Provider‟s proposal dated 29th November 2002. This shall include contingencies for loss of court facilities, vehicle bases and vehicles. The Service Provider shall require to satisfy the Authority that it has established suitable incident and contingency plans, processes and procedures prior to the Services becoming operational. The Service Provider shall ensure that the Authority has up to date copies of the plans. Any proposal by the Service Provider to change the contingency plans previously reviewed by the Authority shall be communicated to the Authority for consideration and review prior to changes being enacted.

8.8.2 The Service Provider shall test and review yearly the contingency plans itself as detailed within Volume 1, Section 6, of the Service Provider‟s proposal dated 29th November 2002 and when requested review said plans in conjunction with the Authority and the Police.

8.8.3 The Service Provider‟s contingency plans shall include provisions to enact emergency measures where a court encounters failure of one or more of the utility services.

8.8.4 The Service Provider‟s contingency plans shall include provisions to enact emergency measures where any of its operational bases encounters failure of one or more of the utility services or, for other reasons, becomes inoperable in full or part. The Service Provider‟s operations centres and headquarters (currently in East Kilbride) shall, as a minimum have a back-up generator and uninterruptible power supplies to ensure immediate change over to the back-up procedures. The Service Provider shall also ensure that tested contingency procedures exist to re-establish key IT operating systems within 4 hours and communications system within 8 hours. The Service Provider shall ensure that it also has duplicate facilities at Aust, near Bristol or such other location as agreed by the Authority, which may be enacted within 12 hours if the main operational base is inoperative. The Service Provider shall test these back up services regularly to ensure no loss of service or data.

8.9 Security Intelligence (General)

8.9.1 The Service Provider shall develop a system for the ongoing gathering, collation, analysis and dissemination of security intelligence to and from the Authority and to and from the Police. The system shall be capable of „grading‟ (i.e. source and accuracy) and be compatible with that of the Police and Authority. The Service Provider shall ensure that this system is consistent with the provisions contained within the Regulation of Investigatory Powers (Scotland) Act 2000.

8.9.2 The Service Provider shall ensure that it is represented at and contributes to discussions at the Authority‟s Intelligence Liaison Officers‟ (ILO) meetings held regularly at Authority‟s Headquarters (or such other venue as may be nominated by the Authority).

8.10 Control of Drugs and Unauthorised Articles

8.10.1 The Service Provider shall establish appropriate operational procedures and measures to restrict and control the potential flow of illegal drugs or unauthorised articles to & via Prisoners and into Premises. These operational procedures shall include searching of Prisoners, and passive and

dynamic security to restrict the opportunities for the movement of drugs or other unauthorised articles. Unauthorised articles shall include any item which should not be available to, or which has not been issued and authorised for a Prisoner to possess at that time and place by the Authority or Service Provider.

8.10.2 The Service Provider shall report all instances of suspected or actual drug-related incidents or seizures, and all finds of unauthorised articles to the Authority that day.

8.10.3 The Service Provider shall develop operating procedures, that take cognisance of the legal requirements, for the safe disposal of all drugs and associated drug paraphernalia seized.

8.11 Control of Equipment, Tools and Stores

8.11.1 The Service Provider shall establish and maintain operational procedures to eliminate the loss or misappropriation of tools and equipment. These procedures shall include reporting and investigating for all cases of loss of control of equipment, tools and stores as detailed within Volume 1, Section 6, of the Service Provider‟s proposal dated 29th November 2002.

9. VEHICLES

9.1 Vehicles

9.1.1 The Service Provider shall ensure that sufficient vehicles of appropriate types that are serviceable and available are provided daily to allow it to discharge its obligations and to fulfil the necessary arrangements for secure escorting of all classifications of Prisoners in appropriate vehicle types under this Contract.

9.1.2 The Service Provider shall ensure that any vehicle proposed under this Contract is „fit for purpose‟ and is compatible with the Prisoner loading/unloading facilities at the Police, courts or prison Premises where each vehicle will operate.

9.1.3 All vehicles provided and operated by the Service Provider under this Contract shall comply with the requirements of the Road Traffic Act, shall satisfy the requirements of the relevant vehicle construction & use regulations and all legal requirements for that type of vehicle and operational use.

9.1.4 Subject to these provisions the Service Provider shall be responsible for the selection of vehicle type (cellular or other vehicle types); their acquisition; maintenance support & repair services (including daily and/or periodic roadworthiness checks and all statutory inspections); replacement of damaged or vehicles unavailable for service and end of life disposal.

9.1.5 The Service Provider shall ensure that an appropriate fleet management system is established which records vehicle history including but not limited to daily and cumulative mileage, routes, details per vehicle of: maintenance, modifications, breakdown and statutory or other inspections undertaken. The fleet management records shall be available to be viewed by the Escort Monitor (or other person nominated by the Authority) upon request.

9.1.6 The Service Provider shall submit the security specification of all vehicle types for review by the Authority prior to Service implementation. The Service Provider shall also submit such additional information as the Authority may require when there is a proposal for any new vehicle types or amendments to vary in-service vehicle types

9.1.7 The Service Provider shall ensure that vehicles are kept physically secure, clean and tidy (externally and internally), and hygienic (internally) at all times. This shall include, but not be limited to:

external washing of vehicles (at intervals consistent with prevailing road conditions and vehicle usage but no less than once per week); removal of rubbish (at least daily); cleaning of spills or body fluids (ideally at the time and prior to that vehicle again being utilised in service), and replenishment of consumable goods to support Prisoners in transit (e.g. water, sanitary products, at least daily or as required to replace items consumed).

10. TRANSITIONAL ARRANGEMENTS

10.1 Phasing In Services.

10.1.1 The Service Provider shall undertake and enact the Service Implementation Programme as detailed within Schedule 6 of the Contract. This Implementation Programme shall include activities that the Service Provider requires to complete (e.g. vehicle acquisition and construction, staff recruitment and training, PCO certification of staff, etc) prior to the Service Commencement Date.

10.2 Authority Support During Service Implementation

10.2.1 The Authority shall provide reasonable support (as determined by the Authority) to the Service Provider to facilitate the initial development of partnership relationships with relevant criminal justice partners. The Authority support may also include providing information about prisons and facilitating visits to prisons for selected Service Provider staff. The Authority shall, also arrange Control & Restraint training for Service Provider instructors as per Clause 4. 7.

10.3 Plans, Policies and Procedures

10.3.1 The Service Provider shall undertake and ensure that, during the Implementation Programme detailed in Clause 10.1, the Service Provider shall provide the following documents, information and policies to the Authority for review and comment as detailed in Table 3 of this Schedule.

10.3.2 Detailed generic training plans for all grades of Service Provider staff, inclusive of tutor notes, shall be provided to the Authority for review and comment no less than 2 months prior to the commencement of training.

10.3.3 Where the Service Provider envisages that role specific training will be required the detailed training plans shall also be submitted to the Authority for review and comment no less than 2 months prior to the commencement of training.

10.4 Implementation Contact and Liaison

10.4.1 The Service Provider shall provide a named representative as Contract Manager(s) who will be responsible for the overall Implementation Programme and management of the Contract. The Contract Manager shall liaise with the Escort Monitor at least once per week to review the Service Provider activities during implementation (the frequency of meetings may be varied by the Authority as required to ensure Service delivery).

10.5 Inspection and Security Risk Assessment

10.5.1 The Service Provider shall provide the Authority with a plan and programme for scheduled court inspections, and security risk assessments a minimum of 4 months before the Service Commencement Date. These plans shall include liaison and co-operation with other agencies prior to commencement of the phase-in of the operations, and also following the Contract Commencement Date.

10.5.2 The Service Provider shall provide a report to the Escort Monitor detailing its findings at minimum 2 months prior to commencement of phases 1, 2, 3 and 5 of the Implementation Programme (see Schedule 6), relative to each court included within the relevant phase.

APPENDICES

Table 1 Schedule of Training ...... (Ref 4.4.4)

Table 2 Reportable Incidents ………………………………………………………………. (Ref 8.7.1)

Table 3 Service Provider Policies, Procedures and Information…………………………….. (Ref 10.3)

Table 4 Records and Data to be maintained by Service Provider for review by Monitor… (Ref 7.3)

Table 5 Operational Response Times (By Establishment)………………………………… (Ref 5.20.2)

TABLE 1 SCHEDULE OF TRAINING

Staff who perform the role of a Prisoner Custody Officer (PCO) as outlined in sections, 102 - 105 and Schedule 6 of the CJ&PO Act, 1994 shall be certificated by the Authority. The Service Provider shall ensure that its trainers, and the training programme(s) delivered to its staff, provide PCOs with the required knowledge and skills to enable them to fully and effectively discharge their role at the Service Commencement Date or the date when such PCOs are first required to provide Services under this Contract. The Service Provider‟s training programme and re-training programme shall ensure that the skills of its staff are maintained, enhanced and updated as necessary to reflect changes to the Services detailed in this Contract including, but not limited to:

changes to the Services, changes to legislation affecting management of Prisoners, changes to such prison rules affecting management of Prisoners, health & safety, changes to Service Provider operational / Service procedures, or changes affecting other aspects of the training requirements detailed in this Table 1 below.

Key Role: Provide secure Prisoner escort and court custody care services.

Training Outcome: On completion of the core training, the candidate will have the underpinning knowledge, skills and ability to perform the duties to the satisfaction of the Authority and to be awarded a certificate to undertake the duties of a PCO.

Schedule of Training

Unit No Unit Title Component 1. Maintain the security of Premises and a. Monitor the security of premises. estates. b. Identify and respond to breaches of physical security. c. Monitor and maintain communications

2. Maintain security during the movement a. Maintain security during routine movements of of Prisoners within custodial Prisoners within the environment. environments. b. Maintain security during the movement of Prisoners due to emergencies.

3. Maintain security of Prisoners outside a. Maintain security of Prisoners in transit. custodial environment. b. Maintain security of Prisoners in situations outside custodial environment.

4. Search accommodation areas. a. Search Prisoner accommodation. b. Search accommodation areas (other than Prisoner accommodation).

5. Search individuals. a. Conduct a body search. b. Conduct a rub-down search.

6. Maintain control of Prisoners in custody. a. Monitor the security and behaviour of Prisoners. b. Identify and respond to breaches of order and discipline. c. Restore order and discipline.

7. Contribute to the adjudication process. a. Place Prisoners on report for adjudication. b. Prepare information and evidence to meet the needs of adjudication. c. Participate in an adjudication process.

Unit No Unit Title Component 8. Contribute to the reduction of abusive a. Contribute to the protection of people within the and aggressive behaviour in the environment from abuse and aggression. environment. b. Challenge aggressive and abusive behaviour. c. Restrain and remove individuals.

9. Contribute to the H&S of self and a. Contribute to the promotion of the Prisoner‟s health. others. b. Contribute to a safe and secure environment. c. Respond in the event of a health emergency. d. Maintain personal security.

10. Support and maintain the effective a. Promote and maintain effective working performance of colleagues and oneself. relationships. b. Maintain and improve one‟s own performance.

11. Contribute to the control of incidents a. Identify and respond to an incident or emergency. and emergencies. b. Contribute to the control of incidents and emergencies. c. Contribute to the evaluation of strategies used to control incidents and emergencies.

12. Support the Prisoner in maintaining and a. Develop positive relationships with the Prisoner. developing positive relationships. b. Support the Prisoner in positive relationships with those outside the environment. c. Support the Prisoner in positive relationships with Prisoners and others within the environment.

13. Supply advice and guidance to Prisoners a. Provide support and information to Prisoners during request and complaints regarding the request and complaints procedures. procedures. b. Contribute to the request and complaints procedures.

14. Prevention of suicide and self-harm. a. Identify and respond to potential self-harm and suicide. b. Contribute to potential suicide and self-harm programme.

15. Receive and discharge Prisoners and a. Receive and admit Prisoners into the custody unit. their property into and out of custody. b. Receive into, store and release Prisoner's property. c. Discharge Prisoners from custody.

16. Maintain security procedures relating to a. Prepare for visits to Prisoners from those outside the visits. custody suite. b. Maintain security during visits.

17. Operate the admission of others. a. Provide information at the point of entry. b. Maintain security through the point of entry to operational areas. c. Search vehicles and possessions.

18. Provide services to courts. a. Maintain security of Prisoners in the court buildings. b. Produce Prisoners and provide information.

Unit No Unit Title Component 19. Provide a security information service. a. Gather and collate security information. b. Evaluate security information (5 x 5 system). c. File and maintain security information. d. Retrieve and supply security information to others. 20. Provide a health awareness and support a. Operate information and support services. services. b. Encourage health awareness. 21. Drugs and contraband. a. Recognise the range of substances in common use. b. Manage productions (Finds). c. Report information on suspicion of users to other agencies.

22. Prisoner Records. a. Use manual documentation procedures. b. Use information technology record systems.

23. Scottish Legal Framework. a. Have a broad understanding of the Scottish Criminal Justice Framework. b. Know the different types of courts (Solemn and Summary), their purpose, powers and types of business. c. Have an understanding of bail and fines enforcement procedures. d. Understand court custody procedures, the powers under which PCOs operate and the duties to be performed. e. Understand the rights of a Prisoner in the custodial setting.

24. Make administrative arrangements for a. Process court documentation. the appearance of individuals at courts. b. Make arrangements with courts, escorting authorities and others.

25. Calculate and verify critical dates for a. Verify and interpret documentation relevant to the sentences. imprisonment or detention of individuals. b. Calculate critical dates for complex cases. c. Verify sentence calculations.

26. Verify the release process. a. Verify the eligibility of individuals for release. b. Verify that the correct documentation and entitlements have been prepared.

27. Administer personal money and a. Account for individuals money, valuables and valuables for individuals in custody. property.

28. Make administrative arrangements for a. Process information about the release of individuals the release of individuals from custody. from custody. b. Prepare documentation and entitlements for individuals on release.

29 Fire safety a. Cell fires b. Area/Zone Fires c. Vehicle fires

30 First aid a. Accredited certificate course.

TABLE 2 REPORTABLE INCIDENTS (reference 8.7.1)

The following list, which is not intended to be exhaustive, are types of incident considered to be reportable to the Escort Monitor:

Fire Escape from Escort Barricade Escape from Secure Conditions Rooftop Attempted Escape Abscond Suicide Self Inflicted Injury (requiring treatment from Attempted suicide Medical Officer) Concerted Disorder Death in Custody Bomb Threat Assault on Staff (requiring treatment from Need for Medical Care Medical Officer) Failure of Facilities at Court Assault on Prisoner/Young Offender Prisoner Protest (requiring treatment from Medical Officer) Key Compromise Prisoner on Prisoner Assault Use of Restraints Prisoner on Staff Assault Need for Emergency Services (Fire) Liberation in error Need for Emergency Services (Police) Drugs recovered from Prisoner Need for Emergency Services (Ambulance) Drugs recovered from visitor Hunger Strike Drugs recovered from cells/court area

TABLE 3 SERVICE PROVIDER POLICIES, PROCEDURES AND INFORMATION

The Service Provider shall undertake and ensure that during the Implementation Programme detailed in Clause 10.1 it shall provide the following policies, operational procedures, documents, and information (as applicable) to the Authority for review and comment within the timescales detailed below in Table 3. Schedule / Policy, Procedures or Information Timescale Clause Schedule 1, Operational performance and prisoner To be developed in conjunction with the Clause 1.4.4.1 logging system (M.I.S) Authority no later than 1 month prior to Service Commencement Date Schedule 1, Develop consolidated PER form in To be submitted no later than 2 months Clause 1.7.1 Conjunction with Authority & Police. prior to the Service Commencement Date. Media Contact and Communications Policy Prevention of Suicide Risk and Self Harm Anti Bullying Strategy Schedule 1, Assaults To be submitted no later than 2 months Clause 3.5.1 Death In Custody prior to the Service Commencement Date. Smoking Policy Diversity Issues Offensive Material Ethnic Minorities and Management of Race Relations Issues Schedule 1, Scottish Prison Complaints Policies and procedures to be submitted no Clause 3.6.1 Commission later than 2 months prior to the Service Commencement Date Schedule 1, Staff Identification and Uniform To be submitted no later than 2 months Clause 4.1.2 prior to the Service Commencement Date. Schedule 1, Staff Selection and Recruitment To be submitted no later than 4 months Clause 4.3.1 prior to the Service Commencement Date. Schedule 1, Medical Examination and Fitness To be submitted no later than 4 months prior Clause 4.3.1.4 Testing Standards to the Service Commencement Date. Schedule 1, Personnel – Code of Discipline and To be submitted no later than 4 months Clause 4.3.2 Behaviour prior to the Service Commencement Date. Schedule 1, Training Policy and Programme To be submitted no later than 4 months Clause 4.4 prior to the Service Commencement Date. Schedule 1, Staff training records To be submitted no later than 2 months Clause 4.4.8 prior to the Service Commencement Date Schedule 1, Incident Command Training To be submitted no later than 3 months Clause 4.11 prior to the Service Commencement Date. Schedule 1, Operating Procedure for Other Escort To be submitted no later than 3 months Clause 5.12 Types prior to the Service Commencement Date. Schedule 1, Emergency transfer of Prisoners To be submitted no later than 3 months Clause 5.20.2 prior to the Service Commencement Date. Schedule 1, Procedure for the Management of To be submitted no later than 3 months Clause 7.8.1.6 Prisoners Medication prior to the Service Commencement Date. Schedule 1, Security Reviews – operational To be submitted no later than 3 months Clause 8.1 procedures prior to the Service Commencement Date. Schedule 1, Incident Reporting and Management To be submitted no later than 3 months Clause 8.7.2 Procedures prior to the Service Commencement Date.

Schedule 1, Contingency Plans To be submitted no later than 3 months Clause 8.8.1 prior to the Service Commencement Date. Schedule 1, Security Intelligence Operational processes for intelligence Clause 8.9 information gathering and dissemination to the Authority to be submitted no later than 3 months prior to the Service Commencement Date. Schedule 1, Operating procedure for disposal of To be submitted no later than 2 months Clause 8.10.2 drug and paraphernalia finds. prior to the Service Commencement Date.

Schedule 1, Control of Equipment, Tools and Operating procedures to be submitted no Clause 8.11 Stores. later than 2 months prior to the Service Commencement Date. Schedule 1, Generic Training Plans for all grades To be submitted no later than 2 months Clause 10.3.2 of Service Provider‟s staff, inclusive of prior to the Service Commencement Date. Tutor notes. Schedule 1, Role specific training plans (where To be submitted no later than 2 months Clause 10.3.3 required). prior to the Service Commencement Date. Schedule 1, Plan for Programme of Security Risk To be submitted no later than 4 months Clause 10.5.1 Assessment of Court facilities. prior to the Service Commencement Date. Schedule 1, Report detailing findings from To be submitted no later than 2 months Clause 10.5.2 Programme of Security Risk prior to the Service Commencement Date. Assessment of Court facilities.

TABLE 4 : RECORDS AND DATA

Retain all PERs to provide record and evidence of service for audit purposes. Maintain Prisoner complaint records with outcomes. Create and maintain a database of certified PCOs. Implement a Register of Disclosure Scotland at Standard and Basic Level linked to clearance date and employment date. Provider to Maintain Records of staff Core Competencies including C&R and First Aid Maintain records of training delivered, training available, number attended, number scheduled to attend. Maintain staff training records for all staff Maintain records of suspension of PCO certificates, dismissals, disciplinary awards removed from PCO role. Maintain records of C&R instructors including training certification, reassessment and training delivered. Maintain records of all C&R equipment including expiry date and safety inspections. Maintain records of fire drills and fire safety training. Maintain records of all uplift times to and from destinations. Maintain records of Risk Assessments for all Prisoners Record of requests for emergency Non- Core Services to include response times. Records will be kept in relation to: 1) Maintenance Requests 2) Health and Safety 3) Fire Safety 4) Security Risk Assessment 5) Records of Vandalism

Records of location security Risk Assessment are maintained and updated. Records of vehicle inspections and maintenance are available for the authority. Provide information on medical practitioner‟s qualifications and ongoing professional development. Records of medical assessment and treatment will be maintained along with an annual report on medical facilities. Monthly reports on non-compliance will be provided to the Monitor. Records of levels of misconduct and categories will be maintained. Records of special searches and area searches. Records of all control and restraint deployments. These will include any medical treatment and medical assessments provided. Records of intelligence received and compliance with RIPSA. Records of all drug finds/captures and disposals must be available for inspection Record of security risk assessment for Premises must be available 4 months before contract commencement date. Programme of inspections must be available. Copies of all maintenance requests, management logs and actions The health & safety file and reports which shall include relevant sub-ordinate legislation (such as, but not limited to, COSHH, Food Act, etc) The fire safety reports Details of planned and actual local inspections of security, risk assessments

TABLE 5

OPERATIONAL RESPONSE TIMES (BY ESTABLISHMENT)

Prison 1st Level Response 2nd Level Response Vehicle Base Available within the Response Time

Hour Available 2nd Level Inverness 3 x 6 Cell 1 x 14 Cell Within 3 Hours 1st Level 3 x 4 Cell 4 x 6 Cell Inverness 1 x People Carriers 3 x 4 Cell 2 x People Carriers 2nd Level Aberdeen

Peterhead 1 x 14 Cell 1 x 33 Seat Bus Within 3 Hours 1st Level 4 x 6 Cell 3 x 12 Seat Mini Buses Aberdeen 3 x 4 Cell 3 x 14 Cell 2 x People Carriers 8 x 6 Cell 2nd Level 4 x 4 Cell Perth 1 x People Carriers

Aberdeen 1 x 14 Cell 1x33 seat bus Within 3 Hours 1st Level 4 x 6 Cell 3 x 12 seat mini buses Aberdeen 3 x 4 Cell 3 x 14 Cell 1x People Carriers 8 x 6 Cell 2nd Level 1x Car 4 x 4 Cell Perth 1 x People Carrier

Noranside 1 x 33 Seat Bus 1 x 14 Cell Within 3 Hours 1st Level 3 x 12 Seat Mini Buses 4 x 6 Cell Perth 3 x 14 Cell 3 x 4 Cell 8 x 6 Cell 2 x People Carriers 2nd Level 4 x 4 Cell 10 x 14 Cell Aberdeen 1 x People Carriers 25 x 6 Cell Glasgow 10 x 4 Cell 5 x People Carriers

Perth 3 x 14 Cell 1 x 14 Cell Within 3 Hours 1st Level 8 x 6 Cell 4 x 6 Cell Perth 4 x 4 Cell 3 x 4 Cell 1 x People Carriers 7 x People Carriers 2nd Level 1 x 33 Seat Bus 10 x14 Cell Aberdeen 3 x 12 Seat Mini Buses 25 x 6 Cell Glasgow 10 x 4Cell

Castle 1 x 33 Seat Bus 1 x 33 seat bus Within 3 Hours 1st Level Huntly 3 x 12 Seat Mini Buses 3 x 12 seat mini buses Perth 3 x 14 Cell 3 x 14 Cell 8 x 6 Cell 8 x 6 Cell 2nd Level 4 x 4 Cell 4 x 4 Cell Aberdeen 1x People Carrier 1 x People Carriers Glasgow 10 x 14 Cell 25 x 6 Cell 10 x 4Cell 5 x People Carriers

Glenochil 7 x 6 Cell 1 x 33 Seat Bus With 2 Hours 1st Level 4 x 4 Cell 3 x 12 Seat Mini Buses Stirling 2 x People Carriers 3 x 14 Cell Glasgow 10 x 14 Cell 8 x 6 Cell

25 x 6 Cell 4 x 4 Cell 2nd Level 10 x 4Cell 1 x People Carriers Perth 5 x People Carriers

Polmont 3 x 14 Cell 1 x 14 Cell Within 3 Hours 1st Level 8 x 6 Cell 4 x 6 Cell Edinburgh 4 x 4 Cell 3 x 4 Cell Stirling 1 x People Carriers 7 x People Carriers 1 x 33 Seat Bus 10 x14 Cell 2nd Level 3 x 12 Seat Mini Buses 25 x 6 Cell Glasgow 10 x 4 Cell Perth

Cornton 7 x 6 Cell 1x33 seat bus Within 2 Hours 1st Level Vale 4 x 4Cell 3 x 12 seat mini buses Stirling 2 x People Carriers 3 x 14 Cell Glasgow 10 x14 Cell 8 x 6 Cell 25 x 6 Cell 4x4 Cell 2nd Level 10 x 4Cell 1x People Carriers Perth 5 People Carriers

Edinburgh 5 x 14 Cell 10 x 14 Cell Within 2 Hours 1st Level 3 x People Carriers 25 x 6 Cell Edinburgh 9 x 6 Cell 10 x 4 Cell Perth 6 x 4 Cell 5 x People Carriers 1 x 33 Seat Bus 2nd Level 3 x 12 Seat Mini Buses Glasgow 3 x 14 Cell 8 x 6 Cell 4 x 4 Cell 1 x People Carrier

Barlinnie 10 x 14 Cell 1 x 33 Seat Bus Within 2 Hours 1st Level 25 x 6 Cell 3 x 12 Seat Mini Buses Glasgow 10 x 4 Cell 3 x 14 Cell Stirling 5 x People Carriers 8 x 6 Cell 7 x 6 Cell 4 x 4 Cell 2nd Level 4 x 4 Cell 1 x People Carriers Perth 2 x People Carriers 1 x 14 Cell Kilmarnock 5 x 6 Cell 2 x 4 Cell 1 x People Carriers

Low Moss 10 x 14 Cell 1 x 33 Seat Bus Within 3 Hours 1st Level 25 x 6 Cell 3 x 12 Seat Mini Buses Glasgow 10 x 4 Cell 3 x 14 Cell Stirling 5 x People Carriers 8 x 6 Cell 7 x 6 Cell 4 x 4 Cell 2nd Level 4 x 4 Cell 1 x People Carriers Perth 2 x People Carriers 1 x 14 Cell Kilmarnock 5 x 6 Cell 2 x 4 Cell 1 x People Carrier

Greenock 10 x 14 Cell 1 x 33 Seat Bus Within 3 Hours 1st Level 25 x 6 Cell 3 x 12 Seat mini Buses Glasgow 10 x 4 Cell 3 x 14 Cell Stirling 5 x People Carriers 8 x 6 Cell 4 x 4 Cell 2nd Level 1 x People Carrier Perth 1 x 14 Cell Kilmarnock 5 x 6 Cell 2 x 4 Cell 1 x People Carrier

Kilmarnock 1 x 14 Cell 10 x 14 Cell Within 3 Hours 1st Level Kilmarnock 5 x 6 Cell 25 x 6 Cell 2 x 4 Cell 10 x 4 Cell 2nd Level 1 x People Carrier 5 x People Carriers Glasgow 7 x 6 Cell Edinburgh 4 x 4 Cell Stirling 2 x People Carriers 5 x 14 Cell 3 x People Carriers 9 x 6 Cell 6 x 4 Cell 1 x 33 Seat Bus 3 x 12 Seat Mini Buses 3 x 14 Cell 8 x 6 Cell 4 x 4 Cell 1 x People Carrier 7 x 6 Cell 4 x 4 Cell 2 x People Carriers Dumfries 2 x 6 Cell 10 x 14 Cell Within 3 hours 1st Level 2 x 4 Cell 25 x 6 Cell Dumfries 1 x People Carrier 10 x 4 Cell 5 x People Carriers 2nd Level 7 x 6 Cell Glasgow 4 x 4 Cell Kilmarnock 2 x People Carriers 1 x 14 Cell 5 x 6 Cell 2 x 4 Cell 1 x People Carrier

Shotts 10 x 14 Cell 1 x 33 Seat Bus 1st Level 25 x 6 Cell 3 x 12 Seat Mini Buses Glasgow 10 x 4Cell 3 x 14 Cell Edinburgh 5 x People Carriers 8 x 6 Cell 2nd Level 5 x 14 Cell 4 x 4 Cell Perth 3 x People Carriers 1 x People Carriers Stirling 9 x 6 Cell 1 x 14 Cell Kilmarnock 6 x 4 Cell 5 x 6 Cell 2x4 Cell 1 x People Carrier 7 x 6 Cell 4 x 4 Cell 2 x People Carrier

This is Schedule 2 referred to in the foregoing Contract dated 3 November 2003 between the Scottish Ministers and Reliance Secure Task Management Ltd for the Provision of Prisoner Escort and Court Custody Services in Scotland Contract Reference 00339

PRISONER ESCORT AND COURT CUSTODY SERVICES

FOR THE

SCOTTISH CRIMINAL JUSTICE SYSTEM

IN

SCOTLAND

SCHEDULE 2

PERFORMANCE MANAGEMENT

1.1 TABLE OF CONTENTS

1 PRINCIPLES OF PERFORMANCE MANAGEMENT ...... 3

2 REPORTING ...... 3

3 PERFORMANCE MEASUREMENT ...... 4

4 DEFINITIONS OF PERFORMANCE MEASURES ...... 4

5 APPLICATION OF PERFORMANCE MANAGEMENT ...... 9

Appendix

Appendix A: Performance Measures and Service Credits ...... 11

1 PRINCIPLES OF PERFORMANCE MANAGEMENT

1.1 This Schedule 2 details the basis on which the Service Provider shall monitor and report on its performance against the Contract to the Authority. This Schedule 2 also details the method by which the Service Provider and the Authority shall calculate the value of Service Credits that shall become due and payable to the Authority in the event of poor Service.

1.2 The Authority‟s guiding principle shall be that the performance management system should incentivise the Service Provider to develop and maintain the Services to the standards detailed in this contract.

1.3 The performance management system shall be based on Performance Measures. Two Performance Measures will attract a monetary penalty for each and every incident. For all other Performance Measures a Target Standard and a Minimum Threshold Standard will be set.

1.4 The Service Provider shall monitor and report performance against the Performance Measures on a monthly basis in accordance with the provisions of Clause 6 of Schedule 3. In the case of the two Performance Measures that attract a direct monetary penalty, where an incident of failure occurs the monetary penalty shall be applied for each and every incident in accordance with Clause 5.4.4 of this Schedule 2. In the case of all other Performance Measures, should the Service Provider‟s performance in any month fall below the Target Standard, the Authority shall be due to receive Service Credits from the Service Provider.

1.5 The Service Provider shall ensure that its data and records for Performance Measures are current and up to date at all times. The Service Provider‟s data and records shall be made available for review and analysis by the Escort Monitor upon request including occasions when such are required to support any investigation, clarification or arbitration of the Service Provider‟s actual levels of Service compared to Performance Measures.

1.6 The Service Provider shall provide a standard performance monitoring data set to the Escort Monitor monthly. This data set shall include monthly reports against the Performance Measures detailed in this Schedule 2.

1.7 The Authority‟s decision in the matters detailed in this Schedule 2 shall be final.

1.8 The Performance Measures shall become effective from the Service Commencement Date. Service Credits shall be applied on the basis of the Target Standards and Minimum Threshold Standards during the Implementation Programme detailed in Schedule 6, during which Service Credits shall be applied as if the volume of Service delivered by the Service Provider was the full volume expected for delivery during the period 1 April 2004 to 31 March 2005 set in accordance with Clause 3.2.1.4 of Schedule 4.

2 REPORTING

2.1 The Service Provider shall monitor, record and report all incidents of Service failure in accordance with Clause 6 of Schedule 3. Multiple Performance Measure failures shall be recorded individually. When submitting such reports, the Service Provider shall, also detail the actions taken to introduce effective remedies to bring performance to the required level

3 PERFORMANCE MEASUREMENT

3.1 The monthly Target Standards and monthly Minimum Threshold Standards for Performance Measures, and Service Credits shall be as detailed in the table attached as Appendix A to this Schedule 2. For reference, the relative weighting of the Performance Measures are shown in Clause 4 of this Schedule 2 along with definitions of the Performance Measures.

3.2 The calculation of all Performance Measures shall be subject to the Force Majeure provisions detailed in Clause 39 of Schedule 3, and shall exclude Authority Failure and Excusable Failure as detailed in Clause 6 of Schedule 3.

4 DEFINITIONS OF PERFORMANCE MEASURES

Performance Measure Weighting

1) Service Delivery 1a) Incident of late or non-collection of a prisoner from any of the Premises. Definition: Each Prisoner not collected or collected late from any Premises (or required 3 location) by the timescales detailed in Clauses 5.1.1, 5.3.3, 5.5.1, 5.6.4, 5.10.1.3, 5.10.2.3, 5.10.3.2 and 5.12.5 of Schedule 1. The time of arrival at the Premises shall be deemed to be when the vehicle passes the GPS waypoint. 1b) Incident of late delivery of a prisoner to any of the Premises Definition: Each Prisoner delivered to any of the Premises (or required locations) after the 10 contracted delivery time as detailed in Clauses 5.1.3, and 5.4.2 of Schedule 1. The time of arrival at the Premises shall be deemed to be when the vehicle passes the GPS waypoint. 1c) Incident of late return of a prisoner to any of the Premises. Definition: Each Prisoner returned to any of the Premises (or from another location) 9 outside the contracted return time or such later time negotiated with the Authority as detailed in Clauses 5.5.2 and 5.6.6 and 5.8.2 of Schedule 1. The time of arrival at the Premises shall be deemed to be when the vehicle passes the GPS waypoint. 1d) Incident of use of an inappropriate vehicle to transport prisoners. Definition: Each incident where, given the circumstances and class(es) of Prisoner, the 1 Service Provider uses a vehicle to transport Prisoners that is inappropriate to the security risk of the prisoners or does not provide the appropriate segregation of the prisoners (multiplied by the number of Prisoners inappropriately transported or segregated) as detailed in Clauses 3.2.1, 3.2.2, 5.1.2 and 5.25.1.1 of Schedule 1.

Performance Measure Weighting

2) Prisoner Care 2a) Incident of death or suicide in custody. Definition: Each incident of a death of a Prisoner (excluding natural causes) or each Direct monetary incident where any Prisoner takes his or her own life, by whatever means, credit whilst in the care and custody of the Service Provider. See Clause 5.4.4 Performance Measure 2a) 2b) Incident of self-harm by a Prisoner. Definition: Each incident of self-harm where a Prisoner requires any medical treatment or 3 first aid or admission to hospital for self-inflicted injuries whilst the Prisoner was in the care of the Service Provider. For the purpose of calculating performance management each prisoner will be multiplied by the number of incidents of self-harm. 2c) Incident of substantiated complaint by a Prisoner (including loss or damage of Prisoners property). Definition: Each complaint by a Prisoner, including loss or damage of a Prisoner‟s 2 property, substantiated by the Escort Monitor, having regard to the procedures as specified in any prison rules, the Authority‟s complaints procedure or the Service Provider‟s operating procedures. The appropriate Service Credit shall be applied at the point the complaint is substantiated by the Escort Monitor. 2d) Incident of failure to provide food or water to a prisoner. Definition: Each incident where a Prisoner is not provided with food or water (including 1 in- transit provision of water) appropriate to the length of time spent in the care of the Service Provider as detailed in clause 7.11 of Schedule 1. For the purpose of calculating performance management each incident (missed meal or Prisoner not provided with water) will be multiplied by the number of Prisoners affected. 2e) Incident of failure to provide a prisoner with medical services or access to a medical officer Definition: Each incident where the requirement(s) for the provision of medical care to a 2 Prisoner, in accordance with the Services specified in paragraph 7.8 of Schedule 1, is not met whilst a Prisoner is in the care of the Service Provider. This includes not receiving a medical examination by a medical officer or alternative medical attention within one hour as defined within Clause 7.8.1.2 of Schedule 1.

For the purpose of calculating performance management each failure to provide a prisoner with medical services will be multiplied by the number of incidents.

Performance Measure Weighting

3) Secure Custody 3a) Incident of Prisoner Unlawfully at Large including release of a Prisoner in error. Definition: Each incident of a Prisoner Unlawfully at Large (excluding prisoners who Direct Abscond) or are released in error from the care and custody of the Service monetary Provider. credit For the purpose of performance management each incident of a Prisoner See Clause unlawfully at large shall be multiplied by the number of Prisoners involved. 5.4.4 Performance Service Credits will not apply to Absconds. Measure 3a) 3b) Incident of loss of key or key/lock compromise Definition: Each incident that results in; 5 . Loss of a key; . Key compromise or . Compromise of a lock. 3c) Incident of failure to follow defined security procedures Definition: Each incident of failure to follow the appropriate procedure for the 2 management of Prisoners as detailed in Clauses 5 and 8 of Schedule 1. 3d) Incident of failure to carry out an effective security risk assessment. Definition: Each incident of Service Provider failure to carry out effective security risk 2 assessments, as specified in Clauses 5.1.2 and 5.1.2.2 of Schedule 1, prior to the Service Provider taking responsibility for a Prisoner. 3e) Incident of failure to gather and/or disseminate intelligence received. Definition: The Service Provider shall gather intelligence, record intelligence gathered or 2 received, analyse, and disseminate relevant information to relevant agencies, as

specified in paragraph 8.9 of Schedule 1. A failure will be deemed to have occurred when the Authority might reasonably expect that the Service Provider should have gathered intelligence, or where they have gathered or received

intelligence have failed to act on it, or communicate it to the agencies involved, or keep a proper record.

Performance Measure Weighting

4) Maintain Good Order: 4a) Incident of concerted Prisoner disorder Definition: Each single incident of disorder involving three or more Prisoners, who acting 6 in concert, commit a breach of discipline as defined in prison rules. For the purpose of calculating performance management each incident will be multiplied by the number of prisoners involved. 4b) Incident of failure to discharge responsibilities in relation to the safe custody of Prisoners. Definition: Each incident where the Service Provider fails to discharge its responsibility 3 in relation to the custody of a Prisoner who is in the Service Provider‟s custody as specified in Clauses 5 and 8 of Schedule 1. For the purpose of calculating performance management each incident will be multiplied by the number of prisoners involved. 4c) Incident of assault against Service Provider staff or others (Serious) Definition: Each incident of serious injury or assault, defined as when a victim has 6 sustained an injury resulting in detention in hospital as an in-patient, or any of the following types of injury, whether or not the victim was detained in hospital: fracture, concussion, internal injury, crushing, severe cuts or lacerations, severe bruising, scalds or burns, severe general shock requiring medical treatment, or which has resulted in death of the victim. 4d) Incident of assault against Service Provider staff or others (Minor) Each incident of minor injury or assault, defined as when an individual suffers 2 grazes, scratches, abrasions, minor bruises, bruising around the eye requiring no further treatment, swelling or superficial cuts. 4e) Incident of assault against a Prisoner (Serious) Definition: Each incident of serious injury assault, defined as when a victim has sustained 6 an injury resulting in detention in hospital as an in-patient, or any of the following injuries, whether or not the victim was detained in hospital: fractures, concussion, internal injuries, crushing, severe cuts or lacerations, severe bruising, scalds or burns, or severe general shock requiring medical treatment. 4f) Incident of assault against a Prisoner (Minor) Definition Each incident of Minor Injury Assault, defined as when an individual suffers 2 grazes, scratches, abrasions, minor bruises, bruising around the eye requiring no further treatment, swelling or superficial cuts. 4g) Incident of Prisoner found in of an Unauthorised Article. Definition: Each incident where a Prisoner in the Service Provider‟s care is found in 2 possession of an unauthorised article, as defined within Clause 1.38 of Schedule 3 at point of hand-over or transfer to another agency. For the purpose of calculating performance management each prisoner will be multiplied by the number of incidents. 4h) Incident of damage to any Premises. Definition: Each incident where a Prisoner causes damage to any Premises or any other 1 location, including court custody cell(s), whilst the Prisoner is in the care of the Service Provider, as specified in Clause 7.4 of Schedule 1.

Performance Measure Weighting

5) Contribute Effectively 5a) Incident of an official complaint substantiated by the Escort Monitor Definition: Each complaint, in respect of a failure to comply with the requirements of the 2 Contract, from agencies within the Criminal Justice System, which is found on investigation by the Escort Monitor not to be in accordance with Clause 3 of Schedule 1. 5b) Incident of non-certificated staff undertaking PCO duties. Definition: Each occasion where the Service Provider has failed to ensure that a person 7 undertaking PCO duties is properly certificated to carry out the duties of a PCO as detailed in Clause 4.5 of Schedule 1.

For the purpose of calculating performance management each staff member will be multiplied by the number of incidents. 5c) Incident of inaccurate, incorrect, late or failure to report any Performance Measure to the Authority. Definition: Each occasion where the Service Provider; 10 . provides inaccurate reports;

. provides incorrect reports; . fails to provide reports on time or . fails to report any Performance Measure to the Authority , as detailed in Clause 1.4 of Schedule 1 and Clauses 6 and 27 of Schedule 3.

Service Credits applied in relation to this Performance Measure shall be in addition to those applied as a direct result of the actual incident that was reported incorrectly, inaccurately, late or that the Service Provider failed to report.

5d) Incident of Service Provider failure to ensure that a PCO is cleared by Disclosure Scotland and the Authority. Definition: Each incident where the Service Provider fails to ensure a person employed as a 4 PCO is cleared by Disclosure Scotland and evidence of such submitted to the Authority, prior to the person being engaged in the operation of the Contract, as specified in Clause 4.3.4 of Schedule 1. For the purpose of calculating performance management each staff member will be multiplied by the number of incidents. 5e) Incident of a member of Service Provider‟s staff found to be in breach of duty. Definition: Each incident where a member of the Service Provider‟s staff is in breach of 3 their duty to carry out their tasks to deliver the Services as defined in Clause 4.6 of Schedule 1. For the purpose of calculating performance management each staff member will be multiplied by the number of incidents. 5f) Incident of failure to ensure accurate recording of transfer of responsibilities. Definition: Each incident where the Service Provider fails to maintain an accurate record of 1 the transfer of responsibility for a Prisoner (either into or out of its custody), as detailed in Clause 5.30 of Schedule 1. For the purpose of calculating performance management each prisoner will be multiplied by the number of incidents.

5g) Incident of PCO not carrying authorising certificate. Definition: Each incident of a PCO not carrying their authorising certificate, as specified in 1 Clause 4.1.1 of Schedule 1. For the purpose of calculating performance management each staff member will be multiplied by the number of incidents. 5h) Incident of failure to comply with operating procedures (including H&S, Fire, Hygiene, etc.). Definition: Each incident where the Service Provider fails to comply with the operating 1 procedures as detailed in Clauses 2.5 to 2.7 of Schedule 1 in relation to health & safety, fire, etc. 5i) Incident of failure to comply with any prison rules Definition: Each incident where the Service Provider fails to comply with any prison 1 rules in the management or treatment of a Prisoner. 5j) Incident of failure to respond to a Prisoner complaint within the prescribed timescales. Definition: Each incident where the Service Provider fails to respond to a complaint by a 1 Prisoner within the times specified in the Authority‟s complaint procedure, as detailed within part 11 of prison rules and under the provision of paragraph 3.7 of Schedule 1. For the purpose of calculating performance management each complaint will be multiplied by the number of incidents. 5k) Incident of failure to maintain up to date contingency plans. Definition: Each incident where the Service Provider fails to maintain a contingency 1 plan for a potential event or to review the same within the timescales stated within the Services as defined in Clause 8.8.1 Schedule 1.

5 APPLICATION OF PERFORMANCE MANAGEMENT

5.1 The process for managing and calculating Service Credits is detailed below.

5.2 Target Standards and Minimum Threshold Standards

5.2.1 Should the Service Provider‟s performance against a Performance Measure in a calendar month fall below the Target Standard defined in Appendix A to this Schedule 2, Service Credits shall be applied for each incident of failure thereafter within that month until the Minimum Threshold Standard is reached.

5.3 Service Credits

5.3.1 From the Go Live Date Service Credits shall be calculated on the basis that 6% of the total Charge for Core and Non-Core Services for each month shall be at risk under the Contract. During the Implementation Programme Service Credits shall be calculated on the basis that 6% of the monthly Charge for the relevant month as set out in Table 2.2 of Schedule 4 shall be at risk under the Contract.

5.3.2 Service Credits shall be applied in the event of poor performance against Performance Measures, for levels of performance in the range between the Target Standards and the Minimum Threshold Standards, except those with Service Credits set directly in fixed amounts as detailed in Clause 5.4.4 below.

5.3.3 The monetary value of Service Credits as detailed in Appendix A to this Schedule 2, except those with Service Credits set directly in fixed amounts as detailed in Clause 5.4.4 below, shall be recalculated and fixed annually as part of the annual volume band and indexation process under the conditions of Clause 3 of Schedule 4, and shall reflect the Charges set such that the ratio of 6% of the total Contract Charge for each month is maintained at risk.

5.4 Service Credit Calculation

5.4.1 A sum equal to 6% of the total Contract Charge for each month, shall be split, across each Performance Measure pro-rata to their relative weightings as a proportion of the total for all such Performance Measures excluding those Performance Measures with Service Credit values set at fixed amounts detailed in Clause 5.4.4 of this Schedule 2.

5.4.2 The number of incidents corresponding to the percentages for the Target Standards and Minimum Threshold Standards for Performance Measures 1a), 1b) and 1c) shall be fixed each year as part of the process under Clause 3.2 of Schedule 4 to this Contract.

5.4.3 The Service Credit amount per incident for each Performance Measure shall be calculated by dividing the amount at risk for each Performance Measure by the number of incidents represented by the difference between the Target Standard and the Minimum Threshold Standard. This provides a value of Service Credit per incident for each Performance Measure.

5.4.4 In addition to the Service Credit calculations under Clause 5 of this Schedule 2, any instance of Service failure against the Performance Measures 2a) and 3a) in Clause 4 of this Schedule 2 shall result in the following Service Credits being payable to the Authority:

Performance Measure 2a) £25,000 for each incident of death or suicide in custody. The Service Provider shall report such incidents and credit the relevant Service Credit to the Authority pending the determination of any (FAI) that may be convened following such death or suicide. Performance Measure 3a) £20,000 per Prisoner unlawfully at large, capped at a maximum of £80,000 for each single incident involving multiple Prisoners unlawfully at large and capped in aggregate at £400,000 within each 12-month period running from the Service Commencement Date.

5.4.5 To determine the overall monetary value of Service Credits due to the Authority other than for Performance Measures 2a) and 3a), the performance achieved shall be expressed as the sum of:

number of each type of incident qualifying for a Service Credit

multiplied by

the Service Credit value for the relevant Performance Measure.

The sum of the Service Credits for each Performance Measure shall be due to the Authority.

APPENDIX A: PERFORMANCE MEASURES AND SERVICE CREDITS Contract monthly Target Contract monthly Service Credit Contract Element Ref. Performance Measure Weighting Standard (number of Minimum (per incident) incidents before Service Threshold Credits apply) Standard 1 - Service Delivery 1 a) Incident of late or non-collection of a prisoner from any of the Premises 3 164 1,312 £2 1 b) Incident of late delivery of a prisoner to any of the Premises 10 117 935 £11 1 c) Incident of late return of a prisoner to any of the Premises 9 47 377 £24 1 d) Incident of use of a vehicle that the Authority deems inappropriate 1 0 32 £28 2 - Prisoner Care 2 a) Incident of death or suicide in Custody Money amount 0 N/a £25,000 2 b) Incident of self-harm by a prisoner 3 0 30 £88 2 c) Incident of substantiated complaint by a Prisoner (including loss or damage of Prisoner's property) 2 0 20 £88 2 d) Incident of failure to provide food or water to a prisoner 1 0 40 £22 2 e) Incident of failure to provide a prisoner with Medical Services or access to a Medical Officer 2 0 10 £176 3 - Secure Custody 3 a) Incident of Prisoner Unlawfully at Large including release of a Prisoner in error Money amount 0 N/a £20,000 3 b) Incident of loss of key or key/lock compromise 5 0 6 £735 3 c) Incident of failure to follow defined security procedures 2 0 10 £176 3 d) Incident of failure to carry out an effective Security Risk Assessment 2 0 10 £176 3 e) Incident of failure to gather and or disseminate intelligence received 2 0 10 £176 4 - Maintain Good Order 4 a) Incident of concerted Prisoner disorder 6 0 4 £1,323 4 b) Incident of failure to discharge responsibilities in relation to the safe custody of Prisoners 3 0 10 £265 4 c) Incident of assault against Service Provider staff or others (Serious) 6 0 6 £882 4 d) Incident of assault against Service Provider staff or others (Minor) 2 0 20 £88 4 e) Incident of assault against a Prisoner (Serious) 6 0 6 £882 4 f) Incident of assault against a Prisoner (Minor) 2 0 20 £88 4 g) Incident of a Prisoner found in possession of an Unauthorised Article 2 0 20 £88 4 h) Incident of damage to any Premises 1 0 20 £44 5 - Contribute Effectively 5 a) Incident of an official complaint substantiated by the Escort Monitor 2 0 20 £88 5 b) Incident of non-certificated staff undertaking PCO duties. 7 0 10 £617 5 c) Incident of inaccurate, incorrect, late or failure to report any Performance Measure to the Authority 10 0 6 £1,470 5 d) Incident of Service Provider failure to ensure that a PCO is cleared by Disclosure Scotland and the Authority 4 0 10 £353 5 e) Incident of member of Service Provider's staff found to be in breach of duty 3 0 10 £265 5 f) Incident of failure to ensure accurate recording of transfer of responsibilities 1 0 10 £88 5 g) Incident of PCO not carrying authorising certificate 1 0 10 £88 5 h) Incident of failure to comply with operating procedures (including H&S, Fire, Hygiene etc) 1 0 6 £147 5 i) Incident of failure to comply with any prison rules 1 0 6 £147 5 j) Incident of failure to respond to a Prisoner complaint within the prescribed timescales 1 0 10 £88 5 k) Incident of failure to maintain up-to-date contingency plans 1 0 6 £147 Variation of Minimum Threshold Standards:

The Minimum Threshold Standards shown for all Performance Measures are those applicable from 1st April 2004. They shall be recalculated as at, 11th October 2005, 11th October 2006 and 11th October 2007 Performance Measures 1a), 1b) 1c) and 1d) Performance Measures 2a)-e), 3a)-e), 4a)-h) and 5a)-k From 1st April 2004 92% 90% From 11 October 2005 93% 91.5% From 11 October 2006 95% 93% From 11 October 2007 95% 95%

This is Schedule 3 referred to in the foregoing Contract dated 3 November 2003 between the Scottish Ministers and Reliance Secure Task Management Ltd for the Provision of Prisoner Escort and Court Custody Services in Scotland Contract Reference 00339

PRISONER ESCORT AND COURT CUSTODY SERVICES

FOR THE

SCOTTISH CRIMINAL JUSTICE SYSTEM

IN

SCOTLAND

SCHEDULE 3

CONTRACT CONDITIONS

TABLE OF CONTENTS

1. DEFINITIONS AND INTERPRETATION ...... 3 2. THE CONTRACT ...... 7 3. PERIOD OF CONTRACT ...... 7 4. VARIATION OF CONTRACT CHARGES ...... 8 5. PAYMENTS ...... 9 6. SERVICE CREDITS ...... 10 7. PROVISION OF LABOUR ...... 11 8. SERVICE PROVIDER’S EMPLOYEES AND REPRESENTATIVES ...... 14 9. TRANSFER OF UNDERTAKINGS ...... 17 10. USE OF PREMISES AND FACILITIES ...... 19 11. EQUIPMENT AND TRANSPORT ...... 21 12. SECURITY ...... 22 13. QUALITY ASSURANCE ...... 23 14. TERMINATION ...... 24 15. CORRUPT GIFTS AND PAYMENTS ...... 27 16. ASSIGNMENT ...... 28 17. DISPUTES AND ARBITRATION ...... 29 18. INDUSTRIAL ACTION ...... 30 19. INDEMNITY AND INSURANCE AND LIMITS ON LIABILITY ...... 30 20. CHANGE TO CONTRACT REQUIREMENTS ...... 34 21. SEVERABILITY ...... 35 22. WAIVER ...... 35 23. OFFICIAL SECRETS ACTS, CONFIDENTIALITY AND ACCESS TO GOVERNMENT INFORMATION ...... 35 24. STATUTORY REQUIREMENTS AND PERMISSIONS OF REGULATORY AUTHORITIES ...... 38 25. NOTICES ...... 38 26. SERVICE PROVIDER’S STATUS ...... 39 27. INFORMATION TO BE SUPPLIED BY THE SERVICE PROVIDER ...... 40 28. PRISONER RECORDS ...... 40 29. RESEARCH ...... 41 30. PATENTS, INFORMATION AND COPYRIGHT ...... 41 31. HEALTH AND SAFETY ...... 42 32. INSPECTION OF PREMISES AND NATURE OF SERVICES ...... 42 33. PUBLICITY ...... 43 34 TEMPORARY AND TRANSITIONAL ARRANGEMENTS ...... 43 35. POTENTIAL SALE AND PURCHASE OF ASSETS AT TERMINATION ...... 44 36. CHANGES TO SERVICE PROVIDER’S ORGANISATION ...... 46 37. CONFLICT OF INTERESTS ...... 46 38. NON SOLICITATION OF EMPLOYEES ...... 46 39. FORCE MAJEURE ...... 46 40. DELAY TO THE IMPLEMENTATION PROGRAMME ...... 47 41. EURO FUNCTIONALITY ...... 47 42. PROTECTING THE ENVIRONMENT ...... 47 43 INDEXATION ...... 48 44. LAW AND JURISDICTION ...... 48

APPENDIX

Table 1: Termination ‘Caps’ in respect of Clause 14.10.3 ...... 49

1. DEFINITIONS AND INTERPRETATION

In this Contract and in the Schedules:

1.1 “Abscond” means an incident where a Prisoner of low supervision located at an open establishment or national top-end facility being escorted by the Service Provider becomes Unlawfully at Large.

1.2. "ACPOS" means the Association of Chief Police Officers for Scotland representing the eight Scottish Police forces.

1.3 "Authority" means the Scottish Ministers referred to in the , represented by the Scottish Prison Service acting on their behalf.

1.4 "Authority Failure” means an incidence of failure on the part of the Service Provider to perform any element or part of the Services in accordance with the relevant service standards and which is wholly or mainly attributable to some failure on the part of the Authority or any other agencies or police forces in the Scottish Criminal Justice System to discharge some duty or responsibility which is within their control and which is not a duty or responsibility of the Service Provider under this Contract. An incident of a Prisoner Unlawfully at Large shall be treated as an Authority Failure where the Service Provider has made an application to the Sheriff or other appropriate law officer for a Prisoner to be handcuffed as the Service Provider‟s staff have reasonable grounds for believing that the Prisoner may attempt to escape, and the application was refused and the Prisoner escaped during the period when no handcuffs were applied because of such refusal.

1.5 "Charges" means the prices payable in respect of the performance of the Services calculated in accordance with the provisions of Schedule 4 (as may be varied in terms of this Contract from time to time).

1.6 "Confidential Information" means all information relating to the Contract or the performance of the Services or the Authority which is communicated to the Service Provider by the Authority (or by its representatives, its advisors or by any other person whether authorised by the Authority or not) or which the Authority otherwise considers to be of a confidential nature and includes, but is not limited to:

(a) information of whatever nature relating to the Contract, which is obtained, whether (without limitation) in writing, pictorially, electronically (including via the Authority's information technology systems), in machine-readable form or orally, from the Authority or by the Service Provider through observation during negotiation of this Contract or performance of the Services, whether before, during or after the term of the Contract, together with any reproductions of such information in any form or medium or any part or parts of such information;

(b) information derived from within paragraph (a);

but does not include information which:

(c) was already known to the Service Provider before it was disclosed to it by the Authority;

(d) is or becomes publicly available other than as a result of breach of this Contract, or;

(e) becomes lawfully available to the Service Provider from a third party who has derived it free from any confidentiality restriction provided that, if any portion of such information is not Confidential Information, the remainder of the Confidential Information shall continue to be subject to the confidentiality requirements of this Contract.

1.7 "Contract" means this contract entered into between the Authority and the Service Provider including the Schedules and any other documents expressly incorporated in terms of the Contract, all as amended from time to time in accordance herewith.

1.8 "Contract Commencement Date" means 3 November 2003.

1.9 "Contract Manager" means the person or persons appointed by the Service Provider to monitor and oversee the Service Provider operational performance, and its service level attainment, and to liaise with the Authority in terms of compliance with the various requirements of the Contract.

1.10 “Core Services” means the movement of Prisoners to and from court and their custody and care while at court for Services within the geographic areas of mainland Scotland and the Scottish islands (Orkney, Shetland, Lewis & Harris and North Uist), scheduled activities within the United Kingdom as detailed in Schedule 1 Clauses 5.3 to 5.11 (except 5.10.3), 5.20, 5.21, 5.27 and scheduled prisoner transfers between Scotland and England via HMP Durham as detailed in Clause 5.19.1 of Schedule 1.

1.11 "Court Staff" means the Service Provider‟s staff engaged in providing Prisoner Escort and Court Custody Services within Court Premises.

1.12 "Default" means any breach of the obligations of either party (including, but not limited to, any material breach of Contract or breach of a material term of the Contract) under the Contract or any act, omission, negligence or mis-statement of either party, its employees, agents, or representatives in connection with or in relation to the subject matter of the Contract and which in either case materially and adversely affects the performance of the Services.

1.13 “Escape” means an incident, other than an Abscond, where a Prisoner in the custody and care of the Service Provider escapes, including where a Prisoner evades an escort provided by the Service Provider and, in cases where the evasion takes place within a Premises, breaches a perimeter security barrier for such Premises agreed between the Authority and the Service Provider prior to the Service Commencement Date. “Escapes” shall be construed accordingly.

1.14 "Escort Monitor" means the person or persons appointed by the Authority to monitor and oversee the Service Provider‟s operational performance, service level attainment and compliance with the various requirements of the Contract and shall include any nominated representative of the Escort Monitor.

1.15 “Excusable Failure” means an incidence of failure on the part of the Service Provider to perform any element or part of the Services in accordance with the relevant service standards where the failure is, in the sole and reasonable opinion of the Authority attributable to some event or series of related events which are outside of the reasonable control of the Service Provider, are wholly exceptional or catastrophic and which would affect all providers of services similar to the Services in the geographical area in which the failure arose. The limit of time of the effect of such failure is at the sole and reasonable discretion of the Authority.

1.16 “Extension Notice” means a written request from the Authority requesting a proposed period of extension to the Initial Expiry Date stating the proposed period of the extension and any revisions to the Services in accordance with Clause 3.2.

1.17 “Extension Proposal” means the written proposal prepared by the Service Provider in response to the Authority request for an extension, under Clause 3.2. It shall set out variations to the Charges and any other Contract terms which the Service Provider deems appropriate.

1.18 "Force Majeure" means war, civil war, armed conflict or terrorist attack arising within and affecting Scotland, or nuclear, chemical or biological contamination affecting the Premises or the Service Provider‟s property arising from such war, civil war, armed conflict, terrorist attack or other causes.

1.19 "Go Live Date" means 11 October 2004 or such later date from which full delivery of the Services as detailed within this Contract shall be provided following completion of the Implementation Programme.

1.20 "Implementation Programme" means the programme to implement provision of the Services by the Service Provider over a period of time as set out in Schedule 6.

1.21 “Initial Expiry Date” means 10 October 2011.

1.22 "Minimum Threshold Standards" means the maximum number of incidents of service failure that the Service Provider may make before the Authority may exercise certain rights, in as set out in this Contract

1.23 “Non-Core Services” means other escort types as detailed in Schedule 1, Clauses 5.10.3 and Clauses 5.12 to 5.29, with the exception of 5.19.1, 5.20 and 5.21.

1.24 "Performance Measures" means the service levels agreed with the Service Provider for performance of the Services as specified in Schedule 2 (including Appendix A thereof) Performance Management.

1.25 “Prison Custody Officer” or "PCO" means the Service Provider‟s staff duly certified to undertake the role of prisoner custody officer in accordance with Chapter 33 of The Criminal Justice and Public Order (CJ & PO) Act 1994. 1.26 "Personal Data" means any personal data held by or for the Service Provider in connection with the performance of the Service obligations, from which a living individual can be identified, as the term 'personal data' is defined in the Data Protection Act 1998. 1.27 "Performance Management Schedule" means Schedule 2 including Appendix A thereof. 1.28 "PF" means a Regional Procurator Fiscal or a Procurator Fiscal Depute or staff members of the office of the Procurator Fiscal. 1.29 "Premises" means the police custody unit(s), court or courts, prison or prisons or young offenders' institution or institutions, hospital or hospitals or locations where the Services are to be performed, as detailed in Schedule 5 or such other premises as the Service Provider may require to enter to perform delivery of the Services. 1.30 "Prisoner" means any person, prisoner, young offender, person on remand or person authorised to be detained in a place of lawful custody within any of the Premises who is in legal custody or deemed to be so under section 295 of the Criminal Procedure (Scotland) Act 1995.

1.31 "Service" or "Services" means the services to be provided to the Authority by the Service Provider pursuant to or in connection with the Contract as described in Schedule 1. 1.32 "Service Credit(s)" means the service credit remedies specified and calculated in accordance with the Performance Management Schedule (Schedule 2). 1.33 "Service Commencement Date" means the commencement of Services within the first phase, on 5th April 2004 asset out in the Service Provider‟s Implementation Programme detailed in Schedule 6.

1.34 "Service Provider" means Reliance Secure Task Management Limited (Company No: 2057887) whose registered office is at Boundary House, Cricketfield Road, Uxbridge, Middlesex, UB8 1QL and includes the Service Provider's successors and permitted assignees.

1.35 "Service Provider‟s Employee" means all persons (whether employed by the Service Provider, any representative of the Service Provider or any other person) who perform any part of the Services, or do anything arising out of or are connected in any manner whatsoever with the provision of Services under this Contract.

1.36 "Service Provider Failure” means an incidence of failure which is wholly or mainly attributable to failure on the part of the Service Provider to perform any element or part of the services in accordance with the relevant service standards and which is not an Authority Failure or an Excusable Failure;

1.37 "SPS" means the Scottish Prison Service.

1.38 “Unauthorised Articles” include, but are not to be restricted to, any weapon or article that could be considered a weapon that the Prisoner is not authorised to have in his possession; any illegal drug, illicit substance or any medication not prescribed for his or her personal use; and any mobile phone, pager or other communication device.

1.39 “Unlawfully at Large” means a Prisoner released by the Service Provider in error or a Prisoner who Escapes while in the custody and care of the Service Provider.

1.40 "Target Standards" means the maximum number of incidents of Performance Measures that the Service Provider may suffer in any month before Service Credits are applied, as set out in Schedule 2.

1.41 The masculine includes the feminine; the singular includes the plural and vice versa.

1.42 All monetary amounts are expressed in pounds sterling (except where the Authority provides notice to the Service Provider under the terms of Clause 5.6 of this Schedule 3).

1.43 Any reference to any Act of Parliament shall be construed as a reference to the Act of Parliament as from time to time amended, extended or re-enacted and to include any bylaws, statutory instruments (including EC instrument), rules, regulations, orders, notices, directions, consents or permissions made thereunder. Any reference to any statutory instrument, regulation or order shall be construed as a reference to that instrument, regulation or order (as the case may be) as from time to time amended, extended or re-enacted. Any reference to any statutory or public authority shall include its successor(s) at law from time to time.

1.44 The headings are for convenience only, and shall not be construed as forming part of the Contract or be taken into account in the interpretation hereof.

1.45 All references herein to a Schedule shall be construed as references to the Schedules attached as relevant hereto.

2. THE CONTRACT

2.1 The Service Provider will, during the period of the Contract specified in Clause 3 hereof, provide the Services strictly in accordance with the Contract.

2.2 In the event that the Service Provider fails in some material and adverse way to execute or perform the Services or any part thereof, strictly in accordance with the provisions of the Contract, at any time during the period of the Contract, then, without prejudice to any other right or remedy which the Authority may have, the Authority may forthwith and without notice to the Service Provider:

2.2.1 itself carry out the Services, or such part thereof as has not been executed or performed by the Service Provider in accordance with the Contract, or have them carried out by other persons, and

2.2.2 subject always to the limitations set out in Clause 19, recover from the Service Provider the full amount of the costs incurred by the Authority arising out of or in connection with the failure of the Service Provider to perform the Services or any part thereof as aforesaid, and the costs incurred for performance of the Services or such part thereof by itself or other persons in terms of this Clause 2.2 having taken reasonable steps to mitigate the costs so incurred.

3. PERIOD OF CONTRACT

3.1 The Contract shall commence on the Contract Commencement Date, and the Service Provider shall begin to provide those Services set out in the Implementation Schedule 6 on the dates set out in the Implementation Programme and thereafter all the Services from the Go Live Date, and subject to Clause 3.2 but without prejudice to Clause 14, the Contract shall terminate, and the Service Provider shall cease to provide the Services on the Initial Expiry Date.

3.2 The Authority may request for the Contract to be extended for a period of up to 3 years after the Initial Expiry Date. The Authority may do so by giving the Service Provider notice in writing at least 9 months prior to the Initial Expiry Date stating the proposed period of the extension and any revisions to the Services ("the Extension Notice"). The Service Provider shall then prepare a written proposal for the Authority which shall set out variations to the Charges and any other Contract terms which the Service Provider deems appropriate for the provision of the Services for the period of the extension ("the Extension Proposal"). This shall be provided to the Authority within 1 month of receipt of the Extension Notice. The Authority and the Service Provider shall then enter into discussions in good faith in order to seek to agree the revisions to the Charges and any other Contract terms set out in the Extension Proposal.

3.3 If the Authority and the Service Provider are able to agree the revised Charges and any other Contract terms within 1 month of the service of the Extension Proposal then such revisions shall be recorded in writing and signed by authorised representatives of each party. The Contract shall be varied in accordance with Clause 20 of this Schedule 3, and shall continue in force until the end of the period specified in the Extension Notice (or for such other period as might have been agreed by the parties during their discussions).

3.4 If the parties are unable to agree the proposed variations within 1 month of the submission of the Extension Proposal, the Contract shall expire on the Initial Expiry Date.

4. VARIATION OF CONTRACT CHARGES

4.1 The Charge(s) for the Services and any related goods shall be as calculated in accordance with Schedule 4 as amended from time to time in accordance with Clause 4.2, 4.3 and 4.4.

4.2 The Authority and the Service Provider shall agree any variation to the Contract or Charges in writing prior to the effective date of the variation. Any such variation to the Contract, the scope of Services or Charges shall be made by written variation in accordance with Clause 20 between the Authority and the Service Provider and, without prejudice to the foregoing generality:

4.2.1 no increase to the Charges shall be made or agreed unless the Service Provider can show to the satisfaction of the Authority that such a variation is required by reason of an unavoidable increase in the costs or a change to the scope of Services which would substantially change the cost(s) of providing the Services by the Service Provider to the Authority. The Service Provider shall use its best endeavours to keep any proposed increase in such costs to a minimum. The Authority shall consider, but shall not be bound to agree to any variation of the Charges arising from a variation of Service Provider costs incurred in providing the Services; or

4.2.2 the Authority and Service Provider shall agree to vary the Charges for any addition, removal or variation to the location of the Premises or any change in the Services required during the Contract period; or

4.2.3 the Authority and Service Provider shall agree to vary the Charges for any additional Contract period required under the terms of Clause 3 of this Schedule; and

4.2.4 if the Authority and the Service Provider are unable to agree the revised Charges either one of them may refer the matter to the dispute procedures set out in Clause 17.

4.3 If at any time during the subsistence of the Contract there are changes to Prisoner escort specific UK legislation relevant to the Services which are out with the control of the Service Provider and which have a direct impact on the operational procedures, costs or Charges for the Services, then the Service Provider shall provide to the Authority relevant documentation detailing any suggested adjustment to the operational procedures or costs or other effect of the legislative change upon the ability of the Service Provider to undertake this Contract. The Authority shall review any proposal submitted by the Service Provider and may elect to vary the Contract under Clause 20.

4.4 In the event that the Authority and the Service Provider agree any variation to the Charges, the relevant Charges set out in or calculated in accordance with Schedule 4 shall be amended in writing (and shall become effective from the date agreed between the Authority and Service Provider) to reflect the new Charges resulting therefrom.

5. PAYMENTS

5.1 The Service Provider shall submit to the Authority, monthly in arrears, a valid invoice for the Charges. Subject to the following provisions of Clause 5, the Authority shall pay such invoice within 30 days of its receipt less (i) any Service Credits for which the Service Provider is liable under Clause 6 and for which a credit note has been issued under Clause 6.7 and (ii) any element(s) of the Charges detailed within a Service Provider invoice which the Authority disputes (hereinafter referred to as the "Disputed Amount"). The Disputed Amount will not be paid by the Authority until resolution of the dispute. The Service Provider shall be entitled to submit claims to the Authority for interest charges on any late or delayed payments (excluding any Disputed Amount notified to the Service Provider as such) at the rate of 4% above the base lending rate from time to time of The Royal Bank of Scotland plc, from the due date for payment

until paid. If any payments made by the Authority are found to be incorrect and, consequently, the Service Provider receives an overpayment, the Service Provider shall immediately refund any amounts overpaid.

5.1.1 The Service Provider shall address any complaint regarding late payment of invoices to, in the first instance, the addressee of the invoice and, in the second instance to the Authority‟s Head of Procurement.

5.2 The Service Provider shall keep and maintain until 3 years after the Contract has been completed, records of all invoices, the breakdown of Charges, payments or expenditures which have been submitted to and paid or reimbursed by the Authority, including records of the Service Credit remedies incurred and paid by the Service Provider under the Contract. The Service Provider shall, on request, afford the Authority such access to those records as may be required by the Authority and Audit Scotland.

5.3 Payment by the Authority of any Charges shall be without prejudice to any claims or rights which the Authority may have against the Service Provider and shall not constitute any admission by the Authority as to the performance, satisfactory or otherwise, by the Service Provider of the Services or any of its other obligations in terms of the Contract. Prior to making any payment of the Charges, the Authority shall be entitled, in addition to its rights under Clause 5.1, to make deductions, or to withhold all or part of any payment of the Charges, in respect of any disputes or claims whatsoever with or against the Service Provider under this Contract.

5.4 Any decisions by the Authority that the performance of any part of the Services by the Service Provider has been unsatisfactory in any respect, or that any of the Charges should be withheld or reduced in accordance with Clauses 5.1and/or 5.3, or that any additional or alternative services or works are necessary in consequence of the unsatisfactory performance of any part of the Services, any actual withholding or reducing of the Charges by the Authority or carrying out or engaging a third party to carry out the said part of the Services, and any written notice given by the Authority to the Service Provider by the Escort Monitor may, if the Service Provider so wishes, become subject to the Disputes and Arbitration procedures in Clause 17. The Service Provider will not unreasonably seek to enter into dispute or arbitration procedures where there exists reasonable evidence of failure(s) of the Services provided by the Service Provider to the Authority under the Contract.

5.5 Value Added Tax, where applicable, shall be shown separately on all invoices as a strictly net extra charge. The Authority shall pay to the Service Provider such Value Added Tax as may be properly chargeable by the Service Provider in connection with provision of the Services provided that the Service Provider has issued a valid tax invoice in respect thereof.

5.6 In the event that the United Kingdom joins the European Monetary Union (and provided always that the exchange rate for conversion between sterling and the Euro has been fixed), the Authority shall, at any time thereafter, upon giving three (3) months notice to the Service Provider, be entitled to require the Service Provider at no additional charge to the Authority to convert the Charges specified in Schedule 4 from sterling into Euros (in accordance with EC Regulation number 1103/97). The Service Provider shall thereafter submit all invoices to the Authority denominated in Euros.

6. SERVICE CREDITS

6.1 Without prejudice to Clause 5.3 and 5.4, where Performance Measures are specified in the Contract in respect of any element or part of the Services, the Service Provider shall provide that element or part of the Services in accordance with Schedule 2 (Performance Management).

6.2 If the Service Provider fails to provide the Services in accordance with the Contract then, without prejudice to any other right or remedy which the Authority may have in respect of such failure, the Service Provider shall:

6.2.1 as an adjustment to the Charges, credit the Authority with the appropriate Service Credits as detailed in the Schedule 2 (Performance Management); and

6.2.2 if so required by the Authority, within a timescale as defined by the Escort Monitor, remedy such failure or ensure full performance of any part of the Services, which does not conform to the Contract at no additional charge to the Authority; and

6.2.3 arrange all such additional resources as necessary to perform the Services in accordance with Schedules 1 and 2 of this Contract as early as practicable after the failure at no additional charge to the Authority.

6.3 If a Service failure should be so catastrophic as to constitute a fundamental breach of the Contract then, without prejudice to any other remedy available to it, the Authority shall be permitted to terminate the Contract under Clause 14.2.2.

6.4 The Service Provider shall provide the Authority with a monthly report of its performance in a format required by the Authority, which shall specify actual performance under the Contract in accordance with Schedule 2 (Performance Management). Any failure to provide the Services which gives rise to entitlement to Service Credits in accordance with the Contract shall be noted on these monthly reports. In addition the Service Provider shall:

6.4.1 enable and enact direct online access to its information technology (IT) systems for the Escort Monitor to view, download or obtain performance management data or records required by the Authority to monitor Service Provider performance. The IT access shall be enabled for use by the Authority (where requested by the Authority) no later than the Service Commencement Date; and,

6.4.2 ensure that it enacts appropriate IT system security to ensure that only the Escort Monitor (or such other individuals as the Authority may require or nominate to receive access to the performance monitoring data) shall have access to the data. Access to the performance management data within both the Service Provider and Authority shall be controlled by password or other protection; and,

6.4.3 ensure that there is, as a minimum, a monthly Contract performance management meeting between the Service Provider and the Authority to review, monitor and ensure performance under the Contract.

6.5 The Service Provider shall calculate, in accordance with Schedule 2, and submit a credit note to the Authority for the appropriate aggregate sum of Service Credits arising during each monthly reporting period. The credit note and appropriate details of the monthly performance measure incidents used by it to calculate entitlements to Service Credits shall be submitted to the Authority within 5 days of the end of each calendar month and the level of Service Credits will be agreed with the Authority within 5 working days of receipt.

6.5.1 The Authority shall review the Service Provider Service Credit calculations and shall notify the Service Provider of any variance between Authority records and the incidents of Service failure reported for that monthly period by the Service Provider; and

6.5.2 in addition, the Authority shall undertake periodic reviews and reports of Services provided under the Contract. Where such reviews or reports disclose failure(s) to perform the Services in accordance with the Contract which have not been reported in the relevant monthly period by the Service Provider and which give rise to an entitlement to a Service Credit, the Authority may claim such Service Credits retrospectively.

6.6 In the event of a Service failure then, unless some additional financial remedy is expressly provided under the Contract, the payment of Service Credits in accordance with this Clause 6 shall be the sole financial remedy available to the Authority for such Service failure. If some additional financial remedy is expressly provided then, the Authority may select which remedy is to apply and that remedy shall become the sole financial remedy for that Service failure.

6.7 The Service Provider shall not have failed to provide some part of the Services for the purposes of this Clause 6 if the particular failure is attributable either to an Authority Failure or an Excusable Failure. In particular, but without limiting the foregoing, no Authority Failure or Excusable Failure shall be counted against the Service Provider for the purposes of the Performance Management Schedule. 6.8 The monthly report of Performance Measures referred to in Clause 6.4 shall identify for each incidence of failure whether the failure was either a Service Provider Failure, an Authority Failure or an Excusable Failure. Brief particulars shall be included in such report of the reasons for the failure. The Escort Monitor may within 5 days of receipt of the report dispute the category to which a failure has been allocated by the Service Provider. 6.9 If the Escort Monitor should dispute the category allocated to a failure by the Service Provider then the Service Provider shall provide the Escort Monitor with reasonable evidence to support the grounds for such allocation. This shall be provided within 5 days of receipt of a notice from the Escort Monitor disputing the allocation. If having received such evidence and having considered it in good faith the Escort Monitor does not accept the failure allocation then his decision shall be final, and the appropriate adjustment to the Service Credits will be made.

7. PROVISION OF LABOUR

7.1 The Service Provider shall engage, employ and train as PCOs only those individuals that it considers as fit and proper persons, and staff who are suitably experienced and /or qualified to carry out the Service Provider's duties and obligations under the Contract. In establishing whether a person is fit and proper for this purpose, the Service Provider shall obtain, check and verify at least two employment references (or written character references where employment references are unavailable) and shall obtain Disclosure Scotland reports for each individual that the Service Provider intends to employ. A copy of the Disclosure Scotland report for each person the Service Provider intends to employ as a Prisoner Custody Officer (PCO) shall be submitted to the Authority with the Service Provider‟s recommendation that any individual applicant is a fit and proper person before the Service Provider employs him or her.

7.2 The Service Provider shall retain on file for each individual who is employed by it, copies of the 12 employment (or character) references and Disclosure Scotland reports and shall maintain a register of the same. The Service Provider shall complete periodic checks in accordance with the

12 Disclosure Scotland procedures and security checking protocols are currently detailed in the Authority‟s Governors‟ & Managers Notice 57A/02, Dated 22 July 2002. The Service Provider shall comply with these processes or protocols or any revisions thereto notified to it by the Authority.

Authority‟s policy of the day, and the dates and the outcome of any re-verification or periodic re- checking of individuals by the Service Provider with Disclosure Scotland shall be recorded in the register). These records may be examined by the Escort Monitor upon request. In addition the Service Provider shall ensure that:

7.2.1 those employees who are to act as prisoner custody officers (PCO) shall obtain PCO certification in accordance with the Authority procedures, there shall be a Disclosure Scotland (standard disclosure) report for each, and that each individual employee proposed as a PCO has been verified and approved by the Authority prior to any employee undertaking PCO duties under this Contract;

7.2.2 all other Service Provider representatives or employees of suppliers utilised by the Service Provider to provide the Services (or part thereof) to Prisoners within the Premises shall also be subject to Disclosure Scotland (basic disclosure) criminal record checks. The Service Provider shall ensure that appropriate personnel information for such Service Provider representatives or employees of suppliers is submitted to Disclosure Scotland and a disclosure report obtained prior to the individual providing Services. The Service Provider shall maintain a register of those persons checked by Disclosure Scotland (including any re-verification or periodic re-checking of individuals by the Service Provider with Disclosure Scotland) which may be examined by the Escort Monitor.

7.3 The decision by the Authority to grant approval under Clause 7.1, 7.2.1 or 7.2.2 or to allow any individual access to the Premises or to provide Services shall be final and conclusive and shall not be subject to challenge or be questioned or otherwise be made subject of any arbitration or other legal proceedings.

7.4 The Service Provider shall notify the Authority immediately on becoming aware of any of its employees or representatives or supplier employee(s) who are alleged to be in breach of duty, or against whom an allegation of, or criminal charge has been made, or a new criminal conviction identified where such an employee or representatives or supplier employee has been previously been subject to Disclosure Scotland verification under this Clause 7 and is now utilised to provide any Services under this Contract, and:

7.4.1 The Service Provider shall ensure that each of their employees is contractually obliged by their terms of employment to immediately inform the Service Provider of any breach of duty, allegation of or criminal charge being made or a new criminal conviction being identified against him or her. The Service Provider shall ensure that its appointed supplier whose employees have access to Prisoners within the Premises, provide similar assurance and information to the Service Provider in respect of their employees.

7.4.2 The Service Provider shall where there is a breach of duty, any allegation of or criminal charge being made or a new criminal conviction being identified to it by any of its employee‟s, immediately suspend said employee(s) from the provision of Services under this Contract. The Service Provider shall ensure that, where there is a breach of duty, any allegation of or criminal charge being made or a new criminal conviction being identified to it, it can also require its suppliers to immediately remove or substitute such employee(s) from providing Services under this Contract. The Service Provider shall notify the Authority of the suspension of any person under this Clause 7.4.2 within 24 hours of the date of suspension.

7.4.3 The Authority, through the Escort Monitor shall decide, given the nature of the breach of duty, allegation or criminal charge, or criminal conviction notified to it, whether the individual Service Provider employee or representatives or supplier employee may continue to provide the Services, or should be permanently removed from all work connected with or arising out of the Contract, remain temporarily suspended from providing Services under this Contract, or may again provide

Services pending conclusion of any investigation which may lead to full reinstatement or permanent exclusion of the individual employee. Notification of the Authority‟s decisions regarding suspension of PCO certificates or removal from work of any individual, either temporarily or permanently, will be notified in writing to the Service Provider.

7.4.4 The Authority shall not be liable for any Service Provider costs associated with the suspension or termination of employment of any PCO or Service Provider employee under the provisions of Clause 4.5 or 4.6 of Schedule 1 or this Clause 7.4.

7.5 The Service Provider shall procure that any individual Service Provider employee, or representatives, or supplier employee approved by the Authority under this Contract, remains a fit and proper person and, where relevant maintains PCO certification as appropriate and in accordance with the Authority procedures. Failure by any individual Service Provider employee or representatives or supplier employee to remain a fit and proper person or to maintain PCO certification, shall (as appropriate), in accordance with Clause 8.2, be considered as incapacity to perform the Services and shall entitle the Authority to request (in writing) the immediate removal of the relevant employee or representatives or supplier employee from any work arising out of the Contract and provision of the Services.

7.6 The Service Provider shall ensure that it maintains a flexible team structure throughout the duration of the Contract which provides relevant and qualified team members who can substitute for each other, and the Service Provider shall use its best endeavours to ensure consistency of the personnel utilised to deliver its Services to the Authority. The Service Provider shall deploy its staff in such a way to ensure that Service delivery is maximised under the Contract and in accordance with Schedule 2 (Performance Management).

7.6.1 The Service Provider shall ensure that the Service detailed in Schedule 1 (Service Specification) are achieved across the range of Premises, and that sufficient staff resources are deployed to provide the Service. The Service Provider shall additionally ensure that it engages skilled supervisory staff to manage the Service Provider's duties and obligations under the Contract.

7.6.2 In the event that the Service Provider's staff (or other) resources prove insufficient in circumstances were there has been no change to the Service requirement for which a change might otherwise be requested, the Service Provider shall commit such additional resources as necessary at no additional cost to the Authority.

7.7 The Authority (or its representative the Escort Monitor) may require the Service Provider to produce such documentary or other evidence as the Authority may require to establish that management, supervisory and other staff employed by the Service Provider are, in the opinion of the Authority, fit and proper persons, qualified and fully competent to perform the Services.

7.8 The Service Provider shall maintain accurate records of the employees engaged to provide the Services. These records shall include employee attendances and shall differentiate between those engaged as operatives, those engaged in support services, and those exercising supervision. These records shall be open for inspection by the Authority (or the Authority‟s representative) at reasonable times.

7.9 The Service Provider shall appoint a Contract Manager to be the authorised representative of the Service Provider for all purposes connected with the Contract.

8. SERVICE PROVIDER’S EMPLOYEES AND REPRESENTATIVES

8.1 The Service Provider shall, prior to the Contract Commencement Date, submit to the Escort Monitor, and thereafter maintain and update throughout the Contract term, written lists of its employees and representatives of the Service Provider who may need to, and/or have been approved by the Authority to enter the Premises or to carry out any task for the purposes of or in connection with the Contract, giving such particulars as the Authority may require. Such particulars shall also be provided in respect of any new or additional employee, or representative of the Service Provider who is subsequently appointed or allocated to carry out any of the Services under this Contract. The Service Provider shall ensure that the personnel checks detailed in Clause 7.2 are undertaken for all employees or representatives of the Service Provider who are required to work with Prisoners and to enter the Premises prior to such employee or representative carrying out any of the Services. The Authority will respect the confidentiality of all information provided.

8.2 If in the opinion of the Authority, any employee or representative of the Service Provider, or an employee or representative of a supplier appointed by the Service Provider to provide the Services under the Contract, shall misconduct himself or be incapable of efficiently performing his duties, or if it shall not be in the public interest, or the Authority's interest for any such person to be employed or engaged by the Service Provider (or a supplier of the Service Provider) with respect to the provision of the Services, the Service Provider shall remove such a person from all work connected with or arising out of the Contract in any manner whatsoever, immediately on being required to do so by the Authority in writing and cause the work to be performed by such other person (or supplier or supplier employee) as may be necessary. For the avoidance of doubt any request for removal of a Service Provider employee, representative or employee of a Service Provider supplier shall only be provided through nominated representative(s) of the Authority (including the Escort Monitor and those officers referred to in Clause 8.2.2) notified to the Service Provider.

8.2.1 Subject to Clause 8.2.5, the Authority shall endeavour to inform the Service Provider in writing of the reasons for the removal of any Service Provider employee or representative or any employee or representative of a supplier appointed by the Service Provider to provide the Services under the Contract. The Service Provider shall be entitled to respond to the reasons, where such is provided by the Authority, for the removal of any Service Provider employee or representative of the Service Provider. The Authority shall take the response into consideration, however the decision by the Authority for the removal of any individual employee or representative shall be final and conclusive. The provisions of this Clause 8.2.1 shall apply equally to staff employed or otherwise utilised by a supplier appointed by the Service Provider to provide the Services under the Contract.

8.2.2 The Authority shall not permanently exclude any Service Provider employee or representatives or an employee or representative of a Service Provider supplier from the Premises or from performance of the Services without prior consultation with the Service Provider (or their nominated representative). For the avoidance of doubt a prison Governor, Chief Constable or Hospital General Manager may request, in terms of Clause 8.2 the immediate temporary suspension of a Service Provider employee or representative or supplier employee from the Premises or from performance of the Services for a period of up to 48 hours, during which time the Escort Monitor and Service Provider will review the reasons, and seek to address the relevant issues giving rise to the temporary suspension of the individual. The Authority (via the Escort Monitor or his nominated representative) shall no later than the end of the 48 hours after the time of suspension, notify the Service Provider in writing that the individual should continue to be suspended from all work connected with or arising out of the Contract either permanently, or temporarily, pending conclusion of any investigation which may then lead to reinstatement or permanent exclusion of the individual.

8.2.3 Subject to the provisions of Clause 7.5 in the event that the Service Provider fails to cause the work to be performed by such other person as may be necessary as aforesaid in Clause 8.2, Clause 2.2 shall apply.

8.2.4 The Authority shall not be liable to any party for, and the Service Provider hereby indemnifies the Authority against, any actions, claims, demands, costs or liabilities of whatsoever nature and howsoever arising which may be incurred by or be made by virtue of the Authority exercising any power or right conferred upon it by this Clause 8.2.

8.2.5 The Authority may elect not to inform the Service Provider in writing of the reasons for the removal of any Service Provider employee or representative or supplier employee where the Authority (in its sole discretion) deems any incident or series of incidents to be sufficiently serious or urgent as to merit the immediate removal of the Service Provider employee or representative or supplier employee or, where written disclosure of the reasons may prejudice any ongoing investigation of whatever nature.

8.3 The Service Provider shall procure that its employees and representatives and its suppliers‟ employees, when employed within and around the boundaries of the Premises shall comply with such rules, regulations and requirements (including those relating to security and health and safety) as may be in force for the time being for the conduct of personnel at the Premises.

8.4 The Service Provider shall ensure that every person employed by the Service Provider or its suppliers in the provision of the Services is at all times properly and sufficiently trained and instructed with regard to:

8.4.1 the task or tasks that person has to perform;

8.4.2 all relevant provisions of the Contract;

8.4.3 all relevant rules and procedures concerning Health and Safety at Work;

8.4.4 fire risks and fire precautions; and

8.4.5 the relevant security processes and protocols concerning work within the Premises.

8.5 The Service Provider shall procure that its employees and representatives, and employees of its suppliers, who require to enter the Premises adopt a mode and standard of dress and implement a means of individual identification as required by the Authority from time to time and shall ensure that this is enforced throughout the term of the Contract. The Service Provider may request or propose revisions to the standard of dress and means of identification during the term of the Contract however such revisions shall only be enacted following the written agreement of the Authority.

8.6 The Service Provider shall ensure that those employees who are approved PCO‟s, for the purpose of identification, carry their authorisation certificate at all times whilst undertaking official duties and produce it when challenged.

8.7 The Authority may also issue identity cards or security access control passes for those employees and representatives of the Service Provider whose names are provided by the Service Provider in accordance with Clause 8.1 hereof and / or for representatives of the Service Provider visiting the Premises for the purposes of admission to the Premises and, where it does so, an employee or a representative shall not be admitted to the Premises unless the said identity card or security access control pass is produced by the employee or representative of the Service Provider to security or other staff employed for that purpose.

8.7.1 Authority identity cards or security access control passes shall remain the property of the Authority and shall be surrendered on demand or termination of the Contract, howsoever arising.

8.7.2 Where such an employee or representative is suspended, dismissed or voluntarily leaves the employment of the Service Provider or supplier, as the case maybe, the Service Provider shall ensure that the PCO certificates and identity cards or security access control passes issued to those employees are returned to the Authority. The procedure and timescales for the return thereof shall be agreed between the Service Provider and Authority failing which, shall be no later than 14 calendar days from the date of any notice issued by the Authority requesting the return of such.

8.8 The Service Provider shall, in respect of all persons employed or seeking to be employed by the Service Provider (whether in the provision of the Services or otherwise), comply with each and every provision of the law which prohibits discrimination in relation to employment on the grounds of sex, disability, colour, race, ethnic or national origin, or religion.

8.9 Representatives of the Service Provider who make periodic visits to the Premises, whether for the purposes of supervising the Service Provider's employees engaged there or otherwise, shall make themselves known on each visit, to the Authority or the operator of the Premises.

8.10 Arrangements for access to the Premises for delivery and other services vehicles which require access to the Premises in order that the Service Provider may provide the Services will be made by the Authority from time to time, and the Service Provider shall ensure that the said arrangements are complied with at all times, irrespective of whether the Service Provider owns or controls any of the said vehicles or otherwise. Notwithstanding the foregoing, the Service Provider shall ensure that all such vehicles are used and parked in such a manner that all entrances, exits, fire hydrants are kept free from obstruction at all times, and in compliance with any parking restrictions of the Local Authority, the operator of the Premises or any other competent authority.

8.11 The decision of the Authority upon any matter arising under this Clause 8 shall be final and conclusive.

9. TRANSFER OF UNDERTAKINGS

9.1 Without prejudice to Clause 9.2 below, the Authority and the Service Provider agree that the assumption of responsibility for the provision of the Services by the Service Provider shall not constitute or give rise to a “relevant transfer” within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (Transfer Regulations) and that no contract of employment or other agreement between or in respect of any individual employed by or in the service of the Authority (or any other person) is intended to have effect as if made between the Service Provider (or any supplier or sub-contractor of the Service Provider) as a result of or in connection with this Contract.

9.2 If any contract of employment of, or collective agreement in respect of, any person takes effect or is alleged to take effect as if originally made between such person and the Service Provider by virtue of the operation of the Transfer Regulations as a result of or in connection with this Contract, then:

9.2.1 the Service Provider shall, as soon as reasonably practicable after becoming aware that such a contract or collective agreement has such effect or is alleged to have such effect, notify the Authority accordingly in writing and the Service Provider shall then allow the Authority a period of 20 business days to consult with that person concerning such claim;

9.2.2 during such period the Service Provider and the Authority shall, at the reasonable cost of the Authority, give to each other such co-operation or assistance as the other may reasonably require in respect of any such claim;

9.2.3 if following the period of 20 business days referred to in Sub-Clause 9.2.1 that person continues with such claim, the Service Provider shall become the employer of such person if and as required by the Transfer Regulations and may thereafter deal with them as it thinks fit in the context of its business including giving notice to such person to terminate such contract of employment or collective agreement (or alleged contract or agreement) with immediate effect; and

9.2.4 in exercising its right under Clause 9.2.3, the Service Provider shall use all reasonable endeavours to comply with all relevant legislation, regulation and good employment practice so as to mitigate any loss it may suffer from becoming the employer of such person; and

9.2.5 provided the Service Provider complies with its duties under Clause 9.2.4 and termination is made within 3 months of such claim under Clause 9.2.3 the Authority shall indemnify the Service Provider (for itself and any supplier or sub-contractor of the Service Provider) and hold them harmless against all and any costs, expenses, liabilities, damages, awards and losses arising out of any claim, action, demand or proceeding made or brought against the Service Provider (and/or any supplier or sub-contractor of the Service Provider) which is made or brought by or on behalf of such person in relation to the period up to the date of the termination of such contract of employment or collective agreement and/or in relation to the termination of such contract of employment or collective agreement, and the Authority will, if required by the Service Provider, enter into a deed of indemnity in order to provide any supplier or sub-contractor of the Service Provider with the same protection given to the Service Provider under this paragraph and if any former employee or worker of the Authority or of any other person claims that any liabilities arising from his employment with the Authority or such other person or its termination, shall have transferred to the Service Provider (or any supplier or sub-contractor of the Service Provider) by virtue of the operation of the Transfer Regulations as a result of or in connection with this Contract, the Authority shall indemnify and keep indemnified that Service Provider (for itself and any supplier or sub-contractor of the Service Provider) against all and any costs, expenses, liabilities, damages, awards and losses arising out of or in connection with the employment of such person by the Authority or such other person or its termination.

9.3 In the period of 12 months prior to the expiry of this Contract or at any time after the Authority or the Service Provider has given notice to terminate this Contract, the Service Provider shall provide to the Authority in writing such information as the Authority may reasonably require relating to the persons involved in the provision of the Services (whether employed by the Service Provider or any supplier of the Service Provider) including (but not restricted to):

9.3.1 a current list of Service Provider employees and representatives; the number, age and sex of such persons; the post in which each person is employed; whether any person is registered as disabled; the salary, wages and other remuneration paid to each such person including employment benefits; the job descriptions and contracted hours of working; the leave entitlements of such staff; the period notice required to terminate the employment of each such person; the amount at which each such person would be entitled to recover from his employer on grounds on redundancy if he was made redundant on the termination or expiry of this Contract; the terms and conditions of employment of each such person including employment manuals, procedures guides, staff handbooks, and collective agreements; and the terms and conditions of any occupational pension scheme of which any such person is a member, together with a number of such persons who are members of each such scheme.

9.4 The Authority may give the information provided to it by the Service Provider in accordance with Clause 9.3 to any firm, company, person or other legal entity invited or which may be invited to tender or to submit a proposal in respect of any contract for the provision of services which are substantially similar to the Services, or any part thereof, provided that the Authority shall procure that any such firm, company, person or other legal entity shall keep such information confidential and use it solely for the purposes of such tender or proposal and shall not use it for any other purpose or disclose it to any other person.

9.5 The Service Provider shall use all reasonable endeavours to ensure that the conditions of employment of each person employed by it in the provision of the Services shall be such that the Service Provider shall be entitled to release to the Authority (and the Authority shall be entitled to release information in accordance with Clause 9.4) information which may otherwise be protected by law or be confidential as between such persons and their respective employers.

9.6 Nothing in Clauses 7, 8 or 9 of this Schedule shall oblige the Service Provider to provide information to the Authority where to do so would constitute a breach of the Service Provider's obligations under the Data Protection Act 1998, provided that the Service Provider shall use all reasonable endeavours to comply with its obligations under such clauses.

9.7 Where (i) the Service Provider ceases (for whatever reason) and whether directly or indirectly to provide any Service under this Contract and (ii) any contract of employment with any person thereupon has effect as a result of the application of the Transfer Regulations as if originally made between such person (a "Transferring Employee") and the Authority or a future provider of the Services (a "future service provider"):

9.7.1 the Service Provider shall fully indemnify and hold the Authority and a future service provider harmless against all costs, expenses, liabilities, damages, awards and losses incurred by the Authority as a result of any claim or demand made against the Authority or a future service provider by any Transferring Employee (and/or any trade union or any other body or person representing any Transferred Employee) which relates to circumstances or events arising or occurring in the period prior to the date from which such contract of employment has such effect (the "Relevant Transfer Date"), save to the extent that such claims arise from any act or omission of the Authority and the Service Provider will, if required by the Authority, at the cost of the Service Provider enter into a deed of indemnity in order to provide a future service provider with the same protection given to the Authority under this paragraph; and

9.7.2 the Authority shall fully indemnify and hold the Service Provider harmless against all costs, expenses, liabilities, damages, awards and losses incurred by the Service Provider as a result of any claim or demand by any Transferring Employee (and/or any trade union or any other body or person representing any such Transferring Employee) which relates to (i) circumstances or events arising or occurring on or after the Relevant Transfer Date, (ii) a failure by the Authority or a future service provider to comply with its obligations under Regulation 10(3) of the Transfer Regulations or (iii) any substantial change made or proposed by the Authority or a future service provider in the working conditions of any of the Transferring Employees which is alleged to be detrimental to such employees.

9.8 If the Authority should so request, the Service Provider will at the reasonable cost and expense of the Authority be a party to a Compromise Agreement with any Employees (as defined in Section 203 of the Employment Rights Act 1996).

9.9 The provisions of this Clause 9 shall apply during the continuance of this Contract and after its expiry howsoever arising.

10. USE OF PREMISES AND FACILITIES

10.1 The Authority shall make available to the Service Provider without charge, the accommodation, fixtures and other equipment already at each of the Premises at the Service Commencement Date, for the provision of the Services. 10.1.1 The Authority shall compile an inventory of such accommodation, fixtures and other equipment as at the Service Commencement Date and amend it as necessary from time to time.

10.1.2 The Service Provider shall satisfy itself that the accommodation, fixtures and equipment provided reflects the reasonable needs of the employees of the Service Provider and are to a satisfactory standard to meet any relevant statutory Health & Safety, Environmental Health and Fire Safety requirements.

10.1.3 The Service Provider shall ensure that if any accommodation, fixtures, or other equipment provided by the Authority are, or become unsatisfactory in respect of Clause 10.1.2, that it shall forthwith either:

10.1.3.1 repair, replace, remove or substitute any furniture or equipment to a standard that meets the reasonable needs of the employees of the Service Provider and the relevant Health & Safety, Environmental Health and Fire Safety requirements as above or, 10.1.3.2 in respect of accommodation identified by the Service Provider as not of a satisfactory standard and whose maintenance or repair is the responsibility of the Authority or one of its criminal justice partners, the Service Provider shall agree the terms of any actions with the Authority and the respective operator of the affected Premises. This may include the repair, replacement, removal or substitution of such accommodation, activity timescales, or other factors relevant to the identified issue.

10.1.4 Nothing in this Contract shall require the Service Provider to undertake the replacement, repair or renewal of any accommodation (including the internal fabric of any building) or fixtures or fittings unless such replacement, repair or renewal is necessary by virtue of some negligent act or omission of the employees, agents or contractors of the Service Provider. Furthermore, the Service Provider shall have no liability to the Authority under the Contract for any defective accommodation, fixtures or equipment which are made available by the Authority in accordance with this Clause 10. Where the Service Provider notifies the Authority of any risk or potential risk with regard to any such accommodation, fixtures or fittings, the Authority shall direct the Service Provider as to the appropriate actions to be taken. These actions shall be at the cost and expense of the Authority.

10.1.5 The Service Provider shall provide any external telephone lines at court Premises as may be required to provide the Service at its own expense.

10.2 The Service Provider shall comply, and shall ensure that its agents, employees or representatives whomsoever comply with all reasonable directions given to it by the Authority relating to the use of the accommodation, fixtures and other equipment referred to in Clause 10.1 hereof and shall indemnify the Authority for any loss, claims or damages that the Authority may suffer as a result of improper use.

10.3 The right to use the said accommodation, fixtures and fittings conferred upon the Service Provider by this Clause shall be personal to the Service Provider, and shall not be assigned or transferred in any other manner whatsoever by the Service Provider to any third party.

10.4 Neither the rights granted under Clause 10.1 nor access to the Premises nor use of any of the aforesaid facilities by the Service Provider shall create any tenancy or other rights of whatsoever nature in favour of the Service Provider.

10.5 The Service Provider shall not alter or modify any part of the accommodation, fixtures and other equipment provided by the Authority without the prior written consent of the Authority. The Service Provider will allow access to the said accommodation, fixtures and fittings by the Authority representative‟s at all reasonable times.

10.6 The Service Provider shall use such accommodation, fixtures and other equipment as supplied or made available to it by the Authority whether in terms of Clause 10.1 hereof or any other Clause of the Contract or otherwise, solely for the purpose of providing the Service and for no other purpose whatsoever without the prior written consent of the Authority.

10.7 The Authority shall provide at the Premises water, gas, electricity and heating fuel as appropriate free of charge to the Service Provider for his reasonable requirements and to discharge his functions under the Contract. The Service Provider shall take all reasonable precautions to ensure due economy consistent with efficiency at the Premises in the use of such services and will comply with all directions on economy given by the Authority.

11. EQUIPMENT & TRANSPORT

11.1 Save for the accommodation, fixtures and fittings and services provided by the Authority under Clause 10, the Service Provider shall be responsible for the provision of all materials, equipment and vehicles (including but not limited to the Service Provider's own office equipment and supplies and vehicles required for the purposes of transporting the Service Provider‟s staff or Prisoners) necessary for the proper execution of the Services.

11.2 Any equipment belonging to the Service Provider, which is faulty or awaiting servicing should be removed from the Premises immediately and replaced with serviceable items. The Service Provider shall not store any equipment, which is faulty, or awaiting servicing at the Premises.

11.3 If at any time during the term of the Contract the Service Provider requires as a result of an increase or other change in the Services or the operational requirements of the Authority as agreed under Clause 20 to enter into any new leasing arrangements for vehicles to ensure that it can continue to provide the Services in accordance with the Contract and the duration of such leasing arrangements extend beyond the Initial Expiry Date (or any extension agreed under Clause 3), the following provisions shall apply:

11.3.1 the Service Provider shall first notify the Authority of such intention in writing and shall provide it with full details including the identity of the leasing company, the number of and description of the lease vehicles and the terms of the new leasing arrangements. The Service Provider shall consult with the Authority in order to agree the terms of such new leasing arrangements;

11.3.2 the Service Provider shall not enter into the new leasing arrangements unless the arrangements have been approved in writing by the Authority (and any such approval shall not be unreasonably delayed); and

11.3.3 if the Authority fails to give such approval within 30 days of the date of notice given by the Service Provider under Sub-Clause 11.3.1 above, the Service Provider may enter into such new leasing arrangements as may be proposed but on the basis that the new vehicle leases will be for a 7 year period from the date the new leases are completed.

11.4 At any time during the period of this Contract, or at any time up to 2 years following the date of expiry or date of termination of the Contract, the Service Provider shall provide to the Authority in writing such information as the Authority may require relating to the equipment and Prisoner transport vehicles in the provision of the Services (whether the property of, or leased to the Service Provider, or subject to finance agreements with third parties) including (but not restricted to) the number, age and type of such equipment and Prisoner transport vehicles; the operational specification (including the extent of any special purpose modifications or specific enhancements necessary to undertake the Services); the current condition (including vehicle mileage) and location of such equipment or vehicles; the details of any current lease or finance arrangements for the equipment or vehicles; the period of notice and any costs associated with terminating such lease or finance arrangements; and the current valuation of the equipment and Prisoner transport vehicles. The information shall also indicate the extent to which any equipment or vehicles may, upon termination or expiry of the Contract, be utilised by the Service Provider elsewhere within their organisation, and those which may be available for continued operation of the Services through asset sale and transfer to another service provider or to the Authority.

11.5 The Authority may elect to give such information provided to it by the Service Provider in accordance with Clause 11.4 to any firm, company, person or other legal entity invited to tender in respect of any contract for the provision of the Services, or any part thereof. The Authority shall also be entitled to commission and undertake its own or an independent review and valuation of the equipment and vehicles prior to either including such information in an invitation to tender or entering negotiations with the Service Provider for the potential acquisition of such assets. The Service Provider shall facilitate such valuation activity by the Authority and shall, if applicable, allow other potential service providers or the Authority to view and assess the equipment or vehicles that may be subject to transfer or sale.

11.6 The Service Provider irrevocably consents to the disclosure of the information provided by it in terms of the provisions of Clause 11.4 or obtained by the Authority under Clause 11.5, and irrevocably waives any right of confidentiality which it may have in respect of the said information and any other right which it may have in respect of the said information which would enable it to prevent the disclosure or publication of the said information by it or the Authority. The Service Provider shall ensure that the conditions of any lease or finance agreement for equipment or vehicles for the Services shall be such that the Service Provider shall be entitled to release to the Authority and the Authority shall be entitled to release to third parties in terms of this Clause 11, information which may otherwise be confidential.

11.7 The Service Provider shall also maintain in force any guarantees applicable to any equipment and shall provide details of any extant guarantees on request to the Authority and further shall take any necessary steps it reasonably can to assign the remaining rights in any extant guarantees to the Authority or to an alternative service provider identified to them by the Authority if requested to do so.

12. SECURITY

12.1 The Service Provider shall at all times be responsible for the security of all vehicles, consumables and equipment used by the Service Provider (or used by any employees of the suppliers utilised by the Service Provider) for the provision of the Services and particularly whilst such vehicles, consumables and equipment are in or around the Premises. The provisions of this Clause 12.1 shall also include vehicles, consumables and equipment belonging to the Service Provider or the Service Provider's staff, or supplier‟s staff. This Clause shall apply equally to any equipment provided to the Service Provider by the Authority whilst such equipment is in the care of the Service Provider.

12.2 The Service Provider shall comply, and shall ensure that its agents, employees or representatives comply with all reasonable instructions given to them by the Authority represented by the Escort Monitor or any of the Authority's security staff in connection with the security of the Premises and the safety of persons therein. The Service Provider shall co-operate, and shall ensure that its agents, employees or representatives whomsoever co-operate with the Authority in all matters related to security or safety.

12.2.1 The Service Provider‟s employees, representatives or employees of suppliers to the Service Provider shall, upon each visit to any of the Premises, sign into and out of the Premises in accordance with the Authority procedures or in the case of Premises not occupied by the Authority, shall comply with such security measures as apply from time to time at the Premises.

12.3 Save if it results from the negligent or wilful acts or omissions of the Authority or its employees, the Authority will not have any liability to any party for and the Service Provider hereby indemnifies the Authority against any actions, claims, or demands in respect of theft, loss or damage to the property of the Service Provider or any of the Service Provider's agents, employees or representatives or supplier employees whomsoever. The Service Provider shall ensure that its suppliers draw this fact to the attention of its staff engaged in the provision of Services and performance of the Contract.

13. QUALITY ASSURANCE

13.1 The Service Provider shall prepare a written Service Delivery Quality Plan and shall submit the same to the Authority no later than 1 month prior to the Service Commencement Date.

13.2 The Service Delivery Quality Plan shall identify the Service Provider's proposals for maintaining and, where necessary, improving the quality of the Services and, without prejudice to the generality of the foregoing, will specifically set out:

13.2.1 roles and responsibilities, including points of contact;

13.2.2 methods of maintaining and improving the quality of Services (including the monitoring of the Service Provider‟s own performance);

13.2.3 the handling of complaints;

13.2.4 an action plan of developments planned throughout the Contract period that affect the Services;

13.2.5 a procedure to survey levels of Prisoner satisfaction on a regular basis and to give the Authority written reports setting out the results; and

13.2.6 the Service Provider‟s proposals for maintaining and updating the Service Delivery Quality Plan throughout the Contract period.

13.3 The Authority shall review the Service Delivery Quality Plan and accept this with or without modification (any such modification being thereafter treated as being part of the Service Delivery Quality Plan as modified by the Authority), and shall thereafter monitor the Service Provider's progress in implementing the Service Delivery Quality Plan.

13.4 The Authority will periodically carry out full assessment visits and spot checks of any location or vehicle utilised by the Service Provider (or of its suppliers of goods or services under the Contract) for delivery of the Services, for the purposes of monitoring the Service Provider's compliance with the Contract and progress in implementing the Service Delivery Quality Plan. Notice of such assessment visits will be given at least one working day prior to the visit. Spot

checks may take place at any time. During such assessment visits or spot checks all documentation reasonably required by it shall be made available to the Authority and / or the Escort Monitor, who will write a report to the Service Provider following such assessment visits or spot checks. The report will comment on standards, adherence to the Service Delivery Quality Plan and will note any improvements within the scope of the Services and targets, which the Service Provider shall be bound to implement within the time allowed in such report to make such improvements.

13.5 The Contract Manager shall meet with the Authority as required by the Authority but in any event at least on a monthly basis, to review the Service Provider's performance under the Contract, and to review progress on implementing any improvements required by the Authority in accordance with Clause 13.4 hereof.

14. TERMINATION

14.1 Without prejudice to any other right or remedy, which the Authority may have, the Authority may at any time, by notice in writing to the Service Provider, terminate the Contract with immediate effect in the event that:

14.1.1 there is a change of control, as defined by Section 416 of the Income and Corporation Taxes Act 1988, of the Service Provider or its parent company provided that the Authority shall only be permitted to exercise its rights pursuant to this Clause within the six (6) month period following each such change of control and shall not be permitted to exercise such rights where the Authority has agreed in advance in writing to the particular change of control and such change of control takes place as proposed, or, where it has not been possible for such advance notice to be given, the Authority has subsequently agreed in writing; or;

14.1.2 the Service Provider passes a resolution that it be wound-up, or a Court makes an order that the Service Provider be wound-up, in either case otherwise than for the purposes of reconstruction or amalgamation, or circumstances arise which would enable a Court to make such an order; or

14.1.3 an administrator, manager or receiver is appointed to the Service Provider, or over all or any part of the property which may, from time to time, be comprised in the property and undertaking of it, or circumstances arise which would entitle a Court to appoint such an administrator, manager or receiver; or

14.1.4 the Service Provider is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; or

14.1.5 the Service Provider makes voluntary arrangements for a composition in satisfaction of its debts or a scheme or arrangements of its affairs; or

14.1.6 the Service Provider being an individual or, where the Service Provider is a firm, any partner or partners of that firm who together are able to exercise direct or indirect control, as defined by section 416 of the Income and Corporation Taxes Act 1988, shall at any time become bankrupt or shall have a receiving order or administration order made against him or shall make any composition or arrangement with or for the benefit of his creditors or shall make any conveyance or assignment for the benefit of his creditors or shall purport to do so or appears unable to pay or to have no reasonable prospect of being able to pay a debt within the meaning of Section 268 of the Insolvency Act 1986 or he shall become apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 1985 as amended by the Bankruptcy (Scotland) Act 1993 or any application shall be made under any Bankruptcy or Insolvency Act for the time being in force for sequestration of his estate, or a trust deed shall be granted by him for the benefit of his creditors; or

14.1.7 any events similar to those described in Clauses 14.1.1 to 14.1.6 above occurs under the law of any other jurisdiction to which the Service Provider is subject.

14.2 Notwithstanding any other provision of the Contract, and without prejudice to any other right or remedy which the Authority may have, the Authority may at any time by notice in writing terminate the Contract:-

14.2.1 with immediate effect in the event that the Service Provider has committed a Default (other than a Default to which Clause 14.2.2 applies) and has failed or been unable to rectify the circumstances giving rise to the Default within such reasonable period, having regard to the nature of the Default and the remedial action required, as shall have been specified in a written notice to the Service Provider by the Authority, which specified the default and required its remedy.

14.2.2 in the event that the Default is one to which Clause 6.3 applies, with immediate effect.

14.3 Subject to the provisions of Clause 14.4 hereof, the Contract may be terminated by the Authority with effect from the date stated in a written notice of termination which date shall not be less than 6 months after the date on which the notice is given to the Service Provider by the Authority to terminate this Contract.

14.4 The Authority shall be obliged to notify the Service Provider at least 14 days prior to service of such written notice under Clause 14.3 hereof of its intention to terminate the Contract and the reason for such termination. In the event of termination by the Authority, the Authority shall be obliged only to notify the Service Provider of its intention to terminate. The Authority shall not be obliged under this Clause 14.4 to disclose the reasons behind such intention to terminate. Notification by the Authority in terms of this Clause 14.4 shall be by formal written notice served in accordance with Clause 25. In the event that at the expiry of such 14 day period the Authority still wishes to terminate the Contract it shall be entitled so to do under Clause 14.3 hereof.

14.5 Nothing in this Clause 14 hereof shall affect or prejudice in any way any right to terminate the Contract which the Authority may have by virtue of statute, common law, or any other term of the Contract nor shall it affect the continued operation of Clauses 23 and 30.

14.6 In the event that the Authority terminates the Contract in accordance with Clauses 14.1 or 14.2 or exercises any right to terminate the Contract conferred by statute or common law by reason of the Service Provider's Default then, without prejudice to any other right or remedy which the Authority may have, the Authority may:

14.6.1 retain any sums of whatsoever nature due to the Service Provider by the Authority (which sums are hereinafter referred to as "the Sums") whether in terms of the Contract or otherwise. When the amount of the costs, damage and loss incurred or suffered by the Authority as a result of such termination of the Contract have been calculated (which amount is hereinafter referred to as "the Amount") then:

14.6.1.1 in the event that the Amount is less than the Sums, the Amount shall be deducted from the Sums, and the balance of the Sums paid over to the Service Provider by the Authority in full and final satisfaction of all debts owed by the Authority to the Service Provider; and/or

14.6.1.2 in the event that the Amount exceeds the Sums, the Authority may immediately recover from the Service Provider the amount of such excess, as a debt owed by the Service Provider to the Authority; and/or

14.6.1.3 in the event that the Amount exceeds the Sums, or any value of money is recoverable from or payable by the Service Provider, that sum may be deducted from any sum then due, or which at any later time may become due, to the Service Provider under this Contract or under any other contract or contract with the Authority or with any department, agency or authority of the Crown.

14.6.2 take possession of any materials, clothing, equipment, vehicles, accommodation or other goods loaned or hired by the Authority to the Service Provider, or of which the Service Provider was given use by the Authority for the purposes of providing the Services; and

14.6.3 in so far as legally permissible, exercise a lien over any materials, clothing, equipment, vehicles or other goods belonging to the Service Provider until such Sums as are owed to the Authority by the Service Provider in terms of Clause 14.6.1.2 hereof have been ascertained and paid in full by the Service Provider to the Authority.

14.7 For the avoidance of doubt, it is hereby expressly declared that the amount of costs, damage and loss incurred or suffered by the Authority as a result of the termination in accordance with Clause 14.1 or 14.2 of the Contract which may be recovered by the Authority from the Service Provider in accordance with the provisions of Clause 14.6 hereof shall include (but not be restricted to):

14.7.1 any additional operation and administrative costs and expenses incurred by the Authority by virtue of such termination of the Contract;

14.7.2 the costs and expenses incurred by the Authority in providing, or procuring another party including the Authority itself to provide the Services on a temporary basis until the Authority finds a successor to the Service Provider;

14.7.3 the costs and expenses incurred by or on behalf of the Authority in performing any tendering process to find a successor to the Service Provider; and.

14.7.4 nothing in this Clause 14.7 shall relieve the Authority from its common law duty to mitigate such costs and expenses.

14.8 In the event that the Authority terminates the Contract in accordance with the foregoing Clause 14, then the Authority shall at any time before the expiry of the notice be entitled to direct the Service Provider where activities, including where applicable any supply or services contracts to support delivery of the Services, have not been commenced, to refrain from commencing those activities. The Authority shall give such direction, if any, if possible within any notice period, and:

14.8.1 in the event of such notice being given, the Service Provider shall terminate on the date(s) reasonably requested by the Authority (insofar as possible) any orders for supply or services contracts to the extent that they relate to the portion of Services terminated, and

14.8.2 the Service Provider shall ensure that, where requested, all PCO certificates and/or identify cards or security control passes issued to the Service Provider‟s employees are returned to the Authority. The procedure and timescales for the return of the PCO certificates and identification shall be agreed between the Service Provider and Authority failing which, shall be no later than 14 calendar days from the date of the Notice issued by the Authority requesting the return of such.

14.9 The Service Provider shall, retain Prisoner records for a period of 3 years and after termination of the Contract, preserve all Prisoner records relating to the Contract which exist as at the date of termination and submit to the Authority such records and reports as the Authority may specify

and furnish to the Authority an inventory of all equipment (if any) purchased or otherwise acquired for delivery of the Services and carry out the directives as the Authority may issue concerning the safeguarding or disposal of files, building or security keys, and other property.

14.10 In the event of termination of the Contract by the Authority, the Authority shall be liable to pay to the Service Provider such sum as shall represent its agreed costs in respect of the following items:

14.10.1 the unpaid Charge due to the Service Provider in accordance with Clause 5 for Services carried out in accordance with the Contract up to the date of such termination less the appropriate Service Credits;

14.10.2 the Charge due to the Service Provider in accordance with any transitional arrangements on termination of the Contract for all the Services carried out or work or Services done in accordance with any direction given under Clause 34 or 35; and

14.10.3 in the event of termination of the Contract by the Authority under Clause 14.3 or 14.5 and subject to the presentation of evidence to the reasonable satisfaction of the Authority, the actual unamortised costs of the Service Provider together with all other reasonable financial costs suffered by the Service Provider as a direct result of such termination including but not limited to any redundancy payments which the Service Provider makes to employees engaged in the Services at the termination date and any payments properly made to other third parties as a direct result of such early termination up to the maximum amounts as specified in Appendix A to this Schedule 3.

14.11 Any payment under Clause 14.10 hereof shall become payable following settlement of any Sums due to the Authority under Clause 14.6 and 14.7.

14.12 The termination or expiry of the Contract shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party.

14.13 If the Authority should fail to pay the Service Provider any Charges which are properly invoiced and not disputed then if payment is not made within 90 days of the due date of payment the Service Provider shall be entitled to terminate this Contract with immediate effect at any time thereafter by notice in writing to the Authority provided that the Service Provider has first given the Authority at least 7 days notice in writing of its intention to exercise such right and payment is not made within such notice period. This right of termination shall be without prejudice to any other rights or remedies which the Service Provider might have under this Contract or otherwise. The Service Provider will be required to notify in writing the SPS Head of Procurement and the Escort Monitor details of any non-payment of charges 30 days after the due date and again at 60 days after the due date.

15. CORRUPT GIFTS AND PAYMENTS

15.1 The Service Provider shall neither:

15.1.1 offer or give or agree to give any person on Her Majesty‟s Service any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or performance of the Contract or any other agreement with Her Majesty‟s Service or for showing or forbearing to show favour or disfavour to any person in relation to the Contract; nor

15.1.2 enter into the Contract if in connection with it commission has been paid or agreed to be paid to any person on Her Majesty‟s Service by the Service Provider or on the Service Provider‟s behalf or to the Service Provider‟s knowledge, unless before the Contract is made particulars of any

such commission and of the terms and conditions of any agreement for the payment thereof been disclosed in writing to the Authority.

15.2 In the event of any breach of this Clause by the Service Provider or by anyone employed by the Service Provider or acting on the Service Provider‟s behalf (with or without the knowledge of the Service Provider) or the commission of any offence by the Service Provider or by anyone employed by the Service Provider or acting on behalf of the Service Provider under the Prevention of Corruption Acts 1889 to 1916 in relation to this or any other Contract for Her Majesty‟s Service, the Authority may require the Service Provider at its own cost summarily to terminate the employment of the person or persons engaged in such corruption, or any sub- contractor engaged in such corruption which the Service Provider will do forthwith, and to provide such evidence as the Authority in its sole and reasonable opinion may require to satisfy itself that such breach was not authorised by any one or more of the directors of the Service Provider If in the sole and reasonable opinion of the Authority such corruption had received such authorisation, then the Authority may summarily terminate the Contract by notice in writing to the Service Provider. Provided always that such termination shall not be prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Authority. If this Clause 15.2 is activated the Authority will pay no costs resulting from such early termination, to the Service Provider.

15.3 The decision of the Authority, acting reasonably shall be final and conclusive in any dispute, difference or question arising in respect of:

15.3.1 interpretation of this Clause 15; or

15.3.2 the right of the Authority under this Clause to terminate the Contract; or

15.3.3 the amount or value of any such gift consideration or commission.

16. ASSIGNMENT

16.1 The Service Provider shall not assign, sub-contract, sublet or transfer by any other means whatsoever the responsibility for or the obligation to perform any duty, function, liability, obligation or responsibility (or any part thereof) incumbent upon the Service Provider in terms of the Contract without the prior written consent of and on the basis prescribed by the Authority.

16.2 No assignation, sub-contracting, subletting or other transfer of any duty, function, liability, obligation or responsibility (or any part thereof) incumbent upon the Service Provider in terms of the Contract to any third party by the Service Provider shall have the effect of relieving the Service Provider of any such duty, function, liability, obligation or responsibility (or any part thereof) owed to the Authority in terms of the Contract, notwithstanding that the Authority has consented to such assignation, sub-contracting, subletting or other transfer, and the Service Provider shall at all times be bound to fully implement the Contract.

16.3 The Service Provider shall provide the Authority with a copy of the deed or document formally recording any assignation, subcontracting, subletting or other transfer of any duty, function, liability, obligation or responsibility (or any part thereof) incumbent upon the Service Provider in terms of the Contract if requested to do so in writing.

16.4 Where the Service Provider enters into any assignation, subcontracting, subletting or other transfer of any duty, function, liability, obligation or responsibility (or any part thereof) incumbent upon the Service Provider in terms of the Contract, it shall cause a term to be included in such assignation, subcontract, sublet or other transfer which requires payment to be made to the assignee, subcontractor, sublessee or transferee by the Service Provider of any sums due by

the Service Provider in terms of such assignation, subcontract, sublet or other transfer within a specified period not exceeding 30 days from receipt by the Service Provider of a valid invoice in respect thereof from the assignee, subcontractor, sublessee or transferee.

17. DISPUTES AND ARBITRATION

17.1 Any dispute, difference or question which may arise concerning the construction, meaning or effect of this Contract or any matter arising out of or in connection with this Contract which is not a matter or thing where the Authority‟s decision is final, shall in the first instance be referred (that day or the next working day) to the person appointed by the Authority or by the Contract Manager (or vice versa) by telephone, facsimile, electronic communication and/or by face to face meeting for discussion and resolution (as most relevant or appropriate to address the matter). If the matter is not resolved, the matter will be referred to the next level of the Authority and the Service Provider‟s management who will discuss and attempt to resolve the matter within 24 hours of such escalation. If the matter is not resolved, the escalation will continue with the same maximum 24 hour time intervals through two (2) more levels of management. The Service Provider shall ensure that it continues to provide the Services in accordance with the Contract and if the unresolved matter is having a serious effect on the Services, the parties will use reasonable endeavours to reduce the elapsed time in completing the process. Neither party may initiate any legal action unless such party has reasonable cause to do so to avoid damage to its business or to protect or preserve any right of action it may have. The provisions of this Clause are without prejudice to the Authority‟s rights under Clause 2.2.

17.2 The levels of escalation within the Service Provider organisation referred to in Clause 17.1 above shall be detailed within the Service Delivery Quality Plan produced and maintained by the Service Provider and periodically updated in accordance with Clause 13.

17.3 All disputes, differences or questions between the parties to the Contract with respect to any matter or thing arising out of or connected with the Contract, other than:

(a) a matter or thing as to which the decision of the Authority is under the Contract to be final and conclusive, or

(b) a matter or thing which has been resolved through the procedures detailed in Clause 17.1,

shall be referred for decision to a single arbiter to be mutually agreed and chosen by the said parties for that purpose or, if the parties are unable to agree as to the appointment of an arbiter, chosen by the President of the for the time being on the application of either party. It shall be a condition of the appointment of any arbiter in accordance with the provisions of this Clause that the said arbiter shall provide each party with a draft of his proposed decision in connection with the dispute, difference or question between the parties referred to him no less than 21 calendar days prior to the issue of his final decision. Without prejudice to any powers that he may have under statute or at common law, the arbiter shall have power:

17.3.1 to order the performance of any works or services and the implementation of any provision of the Contract; and

17.3.2 to award damages, and interest thereon, to or against either of the parties.

17.4 The Service Provider will not unreasonably seek to enter into arbitration procedures where there exists reasonable evidence of failures of operational or Service performance as detailed in the Contract.

17.5 The Service Provider may only initiate legal action against the Authority when the escalation procedure in Clause 17.1 has been exhausted or where the Authority has refused to submit to arbitration. However, nothing in this Clause 17 shall prohibit the Service Provider from bringing legal proceedings forthwith against the Authority for the late payment of Charges which have not previously been disputed by the Authority, provided that the Service Provider has notified in writing the SPS Head of Procurement details of any non-payment of Charges 30 days after the due date and again at 60 days after the due date.

18. INDUSTRIAL ACTION

18.1 In the event of industrial action by the Service Provider's employees (or the employees of suppliers of goods or services to the Service Provider) or Service Provider representatives it remains the Service Provider's responsibility to fully and timeously implement all duties, functions, liabilities, obligations and responsibilities incumbent upon it in terms of the Contract. The Service Provider shall inform the Authority of impending or actual disputes which may affect the Service Provider‟s ability to provide the Services, immediately the Service Provider becomes aware of the same. If, in the opinion of the Authority, the Services are substantially affected by any industrial action or industrial dispute of any kind referred to in this Clause 18.1, payment for the Services provided during the continuance of any such industrial action or industrial dispute will be determined in accordance with Clause 18.3.

18.2 In the event of industrial disputes by staff employed directly by the Authority or industrial disputes of a supplier of the Authority affecting the Services provided by the Service Provider, the Service Provider shall co-operate with the Authority in order to ensure the continued provision of the Services as far as reasonably practicable during the continuance of any such industrial dispute. If, in the opinion of the Authority, the Services are substantially affected by any industrial action or industrial dispute referred to in this Clause 18.2 the Service Provider shall, during the continuance of any such industrial action or industrial dispute, continue to provide the Services specified by the Authority in accordance with any written notice provided by the Authority acting reasonably under Clause 20.

18.3 In the event that any additional or alternative services or works are necessary or a third party or parties engaged to ensure continued provision of the Services in consequence of the industrial action or industrial dispute by the Service Provider's employees or any of the employees of suppliers of the Service Provider, any actual withholding or reduction of the Charges by the Authority or reduction in the Charges in accordance with the costs incurred by the Authority to ensure the continued provision of the Services, and any written notice given by the Authority to the Service Provider under Clause 5.3, shall be final and conclusive.

19. INDEMNITY AND INSURANCE AND LIMITS ON LIABILITY

19.1 Without prejudice to any other right or remedy which the Authority may have, but subject to Clauses 19.2, 19.3 and 19.4, the Service Provider shall indemnify the Authority, the Scottish Ministers, its servants and agent against all actions, claims, demands, costs, expenses and losses incurred by or made against the Authority, the Scottish Ministers, its servants or agents in respect of any loss or damage or personal injury (including death, disease, criminal activity, accident, illness, injury or otherwise) which may result directly or indirectly, by negligent performance or failure in performance of any obligation imposed on the Service Provider by the term of the Contract, breach of duty (whether statutory, contractual or otherwise) or other wrongful act or omission in all cases, of or by, the Service Provider, or any of the Service Provider‟s agents, employees or representatives whomsoever.

19.2 The indemnity contained in Clause 19.1 shall not apply to the extent that the loss, accident, damage or injury is caused by the negligent or wilful act or omission of the Authority, the Scottish Ministers or any servant or agent of the Scottish Ministers, nor shall it relieve the Authority from its common law duty to mitigate such claims, demands, costs, expenses and losses.

19.3 Except as set out in Clause 19.4 the maximum amounts for which the Service Provider shall be liable under the Contract shall be as follows:

19.3.1 where the Service Provider is required to maintain insurance pursuant to this Contract in respect of certain liabilities the maximum amount for which the Service Provider shall be liable under this Contract in respect of the liability concerned shall be the level of insurance required to be taken out and maintained at such time under this Contract by the Service Provider;

19.3.2 where the Contract is terminated by reason of the Service Provider's Default the maximum liability under the Contract, save for liabilities in respect of which the Service Provider is required to maintain insurance pursuant to this Contract, where the provisions of Clause 19.3.1 shall continue to apply, shall be limited to an amount equal to X.

Where the termination occurs between the Contract Commencement Date and the Go Live Date X will always be £15,000,000. Otherwise X will be calculated as follows:

C X A B D

where:

A = £15 million

B = £10 million

C = the number of complete calendar months which have expired between the Go Live Date and the date of termination of the Contract

D = 84

If the Contract should extend for a period beyond the initial 7 year term then the maximum aggregate liability under this Clause 19.3.2 shall always be £5 million;

19.3.3 if the Authority should make any claim under Clause 2.2, Clause 18.3 or otherwise under this Contract by reason of Relevant Industrial Action the maximum liability shall be £500,000 in any one Contract Year and £4 million in aggregate over the life of the Contract. For this purpose "Relevant Industrial Action" shall mean either:

19.3.3.1 industrial action involving employees of the Service Provider which is motivated wholly or mainly by privatisation of the Prison Escort and Custody Services in Scotland; or

19.3.3.2 industrial action involving the employees of the Service Provider motivated by the knowledge that the Service Provider will be at direct financial risk under the Contract by virtue of the Performance Measures if there is any disruption to or a temporary cessation of normal Service provision and where the demands of such employees either in terms of pay or conditions are unreasonable or unjustifiable in the context of the prevailing economic environment;

19.3.4 in any other case the maximum amount for which the Service Provider shall be liable shall be £300,000 per event and £5 million in aggregate over the life of the Contract.

19.4 Nothing in this Contract shall limit or exclude the Service Provider's liability for death or personal injury caused by the negligence of the Service Provider, its employees, agents or sub- contractors.

19.5 Notwithstanding anything else contained within the Contract, the Service Provider shall not be liable to the Authority for:

19.5.1 any indirect or consequential loss (including any such loss or damage payable by the Authority to a third party as a result of an action brought by a third party) except where such loss arises directly out of damage or injury to property or person; or

19.5.2 in respect of claims by the Authority, any claims which have not been notified to the Service Provider within 45 days of the date on which the Authority knew or were informed of the claim‟s existence; or

19.5.4 unless it has in place a policy therefor under Clauses 19.6.5 or 19.6.6, any acts of terrorism.

19.6 The Service Provider shall have in force, from the Contract Commencement Date, for the duration of this Contract and subject to increases under Clause 43:-

19.6.1 employer's liability insurance in accordance with any legal requirements for the time being in force (including but not limited to any loss or damage or personal injury including disease, accident, injury sustained by an employee of the Service Provider whether or not caused by criminal activity illness and death, and whether death arises by virtue of disease, illness, accident, injury sustained by an employee of the Service Provider whether or not caused by criminal activity, injury or otherwise to any person) for the sum of at least £25,000,000 for each and every incident and

19.6.2 public liability insurance for the sum of at least £25,000,000 for each incident and a range of cover satisfactory to the Authority;

19.6.3 motor vehicle insurance in a form complying with current legislation and unlimited in respect of personal injury;

19.6.4 the Service Provider shall ensure that the terms of its employers and public liability insurance also reflect indemnity, and the Service Provider shall hold the Authority blameless, against accidents or incidents arising during its C&R training, the inappropriate use or misuse of C&R techniques by its employees whether such incidents arise during training or when the C&R techniques are utilised within the terms of Service delivery;

19.6.5 for so long as it is included in the Service Provider‟s insurances as in place at the Contract Commencement Date, the Service Provider shall ensure that the terms of its employers and public liability insurance include cover for acts of terrorism for a sum of at least £5,000,000. If the Service Provider‟s insurers withdraw such cover or increase the premium therefor by a percentage increase which is higher than the percentage increase on the premiums for the remainder of the Service Provider‟s insurance cover, the obligation under this Sub-Clause 19.6.5 will cease and Clause 19.6.6 will apply;

19.6.6 if the obligation under Clause 19.6.5 ceases, the Service Provider will use its best endeavours to obtain offers of cover for acts of terrorism from alternative insurers, will consult with the Authority in respect thereof and if so requested by the Authority and on the basis that the

Authority pays any additional costs which the Service Provider incurs in obtaining such cover (as evidenced by the Service Provider) shall effect such cover and the level of cover provided under such insurance from time to time shall be the Service Provider‟s maximum liability under Clause 19.3.1 for liability caused by terrorism.

19.6.7 notwithstanding the Authority approval of types and models of mechanical Prisoner restraint equipment, the Service Provider shall hold the Authority blameless against any claims arising from the improper use of such equipment by the Service Provider; and

19.6.8 the Service Provider shall have in force, medical indemnity and malpractice insurance in force for a minimum of £5,000,000 for each incident and in the aggregate for any one year.

19.7 The policy or policies and certificate or certificates of the insurance referred to Clause 19.3 shall be exhibited to the Authority by the Service Provider, together with satisfactory evidence of payment of premiums, forthwith upon receipt of a written request in respect of same from the Authority, or such other evidence of insurance as may be accepted by the Authority as satisfying the provisions of this Clause 19.

19.8 Without prejudice to the generality of Clause 19 the Authority shall be entitled to replace any lock in any part of the Premises and the Service Provider shall indemnify the Authority against all costs and expenses incurred by the Authority in replacing such lock (the “affected lock”), and in replacing any other lock which the Authority, in its sole discretion, considers requires to be replaced for security reasons in consequence of either the replacement of the affected lock or if:

19.8.1 any Service Provider employee given a key to the affected lock parts with possession of such key for any period of time, or does or fails to do anything which allows or permits, or may allow or permit, a copy of any such key to be made; or

19.8.2 the affected lock is broken or otherwise rendered useless by any Service Provider Employee; or

19.8.3 any Service Provider employee leaves the Premises with the key to the affected lock in his possession; or

19.8.4 any Service Provider employee fails in any respect to comply with any provision of the Authority‟s standing orders or rules (as amended from time to time) which apply to keys and locks in prisons, and their use and possession in all cases, whether the act or omission of the Service Provider employee or representative or sub-contractor was negligent or otherwise, and whether the Authority could or should have prevented the act or omission in question, provided always that the liability of the Service Provider under this Clause 19.8 shall not exceed £10,000 or such higher sum as is reflected in the Service Providers insurance in respect of each and every occurrence of the Authority replacing the affected lock(s) or suite of locks and keys and reissuing replacement keys to relevant personnel.

19.9 The Service Provider‟s insurance policy or policies shall include a provision to indemnify the Authority or its assignees or successors, and any other agency or government body or department which has responsibility for Prisoners or court custody in Scotland in respect of claim(s) made against them by independent third parties (including, but not limited to, Prisoners or members of the public) or the Authority arising from the performance or non-performance by the Service Provider of its duties or obligations under the Contract. The extent of the indemnity shall be subject to the policy terms, conditions and exclusions agreed with the Authority.

20. CHANGE TO CONTRACT REQUIREMENTS

20.1 The Authority may at any time and from time to time, order any variation of whatsoever nature to any part of the Services that the Authority may reasonably deem appropriate. Such variation may include (but shall not be restricted to) additions, deletions, alterations or substitutions, changes in quality, form, character, kind, timing, method or sequence, variations to the Prisoner mix or Prisoner numbers at the Premises and the addition or removal of any Premises to or from the scope of the Contract or any change to the area or part of any Premises which falls within the scope of the Contract, or any other change to or affecting any such Premises.

20.2 Where any such variation of the Services in accordance with Clause 20.1 may affect the cost to the Service Provider of providing the Services so varied, the Service Provider shall, within 14 days of receipt of the written variation request, notify the Authority in writing of the effect such variation will have on the Services and the Charges set out in Schedule 4. The Authority shall take all of the facts into account and may authorise a variation to the Charges to be paid to the Service Provider in accordance with the terms of Clause 4 hereof if in its opinion such a variation is appropriate and reasonable in the circumstances. Such variation to the Charges shall not be unreasonably withheld.

20.3 The Service Provider may at any time and from time to time request a variation to the Contract or Charges where the Service Provider considers that such variation will enable the Service Provider to deliver the Services in an improved way or more efficiently or where, as a result of a change in legislation which relates to services the same as or similar to the Services or as a result of a change in the Authority‟s policies or standards there will be an unavoidable increase in the costs of providing the Services. Such request shall be in writing and served on the Authority and shall set out the effect which such variation will have on the Services and the Charges based on the fee rates set out in Schedule 4. The Authority shall take all of the facts into account and may authorise a variation to the Services and/or the Charges to be paid to the Service Provider in accordance with the terms of Clause 4 hereof if in its opinion such a variation is appropriate and reasonable in the circumstances. Such a variation to the Charges and/or the Services shall not be unreasonably withheld but will be at the sole discretion of the Authority. Once approved, the Authority shall issue a formal written contract variation instruction.

20.4 No variation of the Services as provided in this Clause 20 shall be valid unless confirmed in the form of a formal written Contract variation instruction given by the Authority.

21. SEVERABILITY

21.1 If any provision of the Contract is declared by any judicial or other competent authority to be invalid, void, illegal, or otherwise unenforceable then such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Contract had been executed with the invalid provision eliminated unless, in the Authority‟s opinion, the effect of such declaration is to defeat the original intentions of the parties in which event the Authority and the Service Provider shall immediately commence good faith negotiations to remedy such invalidity. In the event that the said negotiations have not been concluded within 30 days of the Authority giving the Service Provider written notice that such negotiations are required, the Authority may terminate the Contract by six months written notice to the Service Provider in which case the provisions of Clause 14.10 shall apply. In the event of severance under the conditions of this Clause 21.1 provided such severance is not caused by an act or omission of the Service Provider or its officers or employees, which is either unlawful, negligent or in breach of the Service Provider‟s obligations under this Contract the Service Provider shall be entitled to claim from the Authority any reasonable, evidenced losses, costs or expenses it might suffer by reason of such severance.

22. WAIVER

22.1 The failure of the Authority to insist upon strict performance of any terms of the Contract, or the failure of the Authority to exercise any right or remedy to which it is entitled in terms of or in respect of the Contract or any part or term thereof, shall not prejudice or restrict any right of the Authority and shall not constitute a waiver of any obligation incumbent upon, or breach of Contract or default by the Service Provider.

22.2 No waiver by the Authority of any term of the Contract, or of any breach of Contract or Default by the Service Provider shall be effective unless made in a written notice which expressly states that it constitutes a waiver of the said term, breach or default.

22.3 No waiver of any right, remedy or obligation given by the Authority in accordance with Clause 22.2 hereof shall operate as a waiver of any other term of the Contract, breach of Contract, default, right, remedy or obligation other than that to which its terms expressly refer.

23. OFFICIAL SECRETS ACT, CONFIDENTIALITY & ACCESS TO GOVERNMENT INFORMATION

23.1 The Service Provider undertakes to take reasonable steps to procure that its employees, any suppliers directly providing goods or services to support the Contract and representatives of the Service Provider abide by the provisions of the Official Secrets Act 1911 to 1989.

23.2 The Service Provider agrees, both during and after termination of this Contract, to keep all information of any nature whatsoever which is supplied hereunder or otherwise, strictly confidential, regardless of the medium whether written, oral or otherwise, (including but without limitation all documents, data, studies, letters, projects, plans, designs or drawings), concerning the Authority as well as its business, strategies, services (current and / or future), research and / or development activities, projects, know how, personnel, Prisoner records, and the existence and content of this Contract. The Service Provider shall ensure that:

23.2.1 it will use the Confidential Information and the Personal Data only for the purpose of carrying out the Services;

23.2.2 it will treat all the Confidential Information and the Personal Data as private and confidential and safeguard it accordingly;

23.2.3 it will not without the prior written consent of the Authority disclose (whether directly or indirectly) the Confidential Information and the Personal Data, or any part of it to any person other than Service Provider employees who are required in the course of their duties to receive and consider it for the purpose of carrying out the Services and who shall be informed by the Service Provider of the confidential nature of the information. The Service Provider shall procure that its employees (and any employees of supplier‟s to the Service Provider) observe the terms of this Contract and shall be responsible for any breach by such employees as if the Service Provider had made that breach;

23.2.4 any agents, employees, servants or suppliers of the Service Provider who in the course of their duties, have a need to receive and consider Confidential Information for the purposes of carrying out the Services shall be required to sign a Confidentiality Agreement in such form as may be required by the Authority, and shall additionally be informed by the Service Provider of the confidential nature of the information;

23.2.5 save as permitted under Clause 23.2.3, the Service Provider shall not without the prior written consent of the Authority discuss the Confidential Information, the Personal Data, or any matter in relation to the Contract with any person other than its appointed legal advisor(s);

23.2.6 all Confidential Information and the Personal Data shall remain the property of the Authority. In the event that the Contract is terminated in accordance with Clause 14 or otherwise of the Contract the Service Provider shall return to the Authority, all of the Confidential Information and Personal Data within 7 calendar days of any written request from the Authority whether such information or data is in a physical form (including all copies) and will destroy any other records (including, without limitation, those in electronic or other machine-readable form) containing Confidential Information and / or Personal Data.

23.3 If the Service Provider is compelled by a court of a competent jurisdiction to disclose Confidential Information and / or Personal Data, such disclosure shall not constitute a breach of this Contract provided the Service Provider has taken all reasonably practical steps to notify the Authority of any attempt being made to compel such disclosure and where reasonably possible has resisted, or has joined the Authority in resisting or has assisted another relevant party to resist, any such attempt to compel disclosure.

23.4 The Service Provider agrees, both during and after termination of this Contract that;

23.4.1 in relation to Personal Data, the Service Provider shall have at all times, (and shall use its reasonable endeavours to procure that all its agents and immediate suppliers have or will have at all times) the appropriate technical and organisational measures in place against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by the Service Provider. The Service Provider shall additionally ensure the reliability of any Service Provider staff who will have access to Personal Data;

23.4.2 it will act only on the Authority's instructions in relation to the processing of any Personal Data made available by or on behalf of the Authority;

23.4.3 it will only obtain, hold, process, use, store and disclose Personal Data as is necessary:

(a) to perform the Service Provider‟s obligations under this Contract and the Services; or

(b) for compliance with any legal obligation;

and that such data will be held, processed, used, stored and disclosed only in accordance with the Data Protection Act 1998 and any other applicable law; and

23.4.4 the Service Provider will allow the Authority access to any premises and facilities where Personal Data is held or located to verify the security provisions or to audit & review the Personal Data to establish compliance with the Service Provider‟s obligations under this Contract.

23.5 The Service Provider agrees to take all necessary steps to ensure that it complies with all of its obligations under this Clause 23. The Service Provider undertakes to inform the Authority immediately of any act, whether intentional or not which may prejudice its obligations of confidentiality. The Service Provider shall use all reasonable endeavours to ensure that all of its employee‟s agents and servants will respect the confidentiality obligations of the Service Provider under the terms of this Contract.

23.6 The Service Provider accepts that any breach of the provisions of this Clause 23 could cause injury to the Authority and that monetary damages would not be an adequate remedy. In the event of a breach or threatened breach by the Service Provider, the Authority shall be entitled to relief by way of interdict or injunction (whether interim or final) in any court of competent jurisdiction and the Service Provider shall reimburse the Authority for any costs, claims, demands or liabilities arising directly or indirectly out of a breach. Nothing contained in this Contract shall be construed as prohibiting the Authority from pursuing any other remedies available to the Authority for a breach or threatened breach. No delay by the Authority in exercising any right, power or privilege hereunder shall operate as a waiver hereof, nor shall any single or partial exercise thereof preclude any further exercise thereof.

23.7 Upon the written request of the Authority, the Service Provider shall promptly return to the Authority any Confidential Information that has come into its possession, no matter what the nature or medium, in particular and without limitation the documentation, data, studies, letters, projects, plans, designs and drawings and all copies thereof.

23.8 The Authority agrees, both during and after termination of this Contract, to keep all information belonging to the Service Provider, (and as so notified to the Authority or marked as confidential by the Service Provider), of any nature whatsoever which is supplied by the Service Provider hereunder or otherwise strictly confidential, regardless of the medium whether written, oral or otherwise subject to the provisions of Clause 23.9.

23.9 Nothing in this Clause 23 shall prevent the Authority (at its sole discretion) from disclosing Confidential Information obtained from the Service Provider:

23.9.1 as may be required to be published in the Supplement to the Official Journal of the European Communities in accordance with EC Directives or any other legislation, or as may be required to be published elsewhere in accordance with the requirements of United Kingdom government policy on the disclosure of information relating to government contracts or any such policy which may from time to time be adopted by the Authority;

23.9.2 to any Scottish Minister, government agency or department (including the Comptroller & Auditor General, National Audit Office, the Auditor General for Scotland and Audit Scotland), regulatory or fiscal body, or the Scottish Parliament or the United Kingdom Parliament (including, in both cases, its committees) each of whom may disclose the Confidential Information in their reports. For the avoidance of doubt, the Authority shall have no responsibility for Confidential Information which appears in reports of the activities or proceedings of any of the foregoing; or

23.9.3 to any consultant, contractor or other person engaged by the Authority in connection with this Contract; or

23.9.4 to any consultant, alternative service provider, independent valuer appointed under the provisions of Clause 34 or 35 or other person engaged by the Authority in connection with valuation, re- tendering process or appointment of an alternative or substitute service provider to replace the Service Provider in whole or in part whether arising from the expiry of earlier termination of this Contract.

23.10 The provisions of this Clause 23 shall apply during the continuance of this Contract and after its termination howsoever arising.

24. STATUTORY REQUIREMENTS AND PERMISSIONS OF REGULATORY AUTHORITIES

24.1 The Service Provider shall, in performing the Services and all other obligations incumbent upon it in terms of the Contract, comply in all respects with, and shall ensure that the Service Provider's agents, employees and representatives whomsoever comply with all relevant legislation (including statutory instruments, orders, rules and regulations) and all relevant bylaws, regulations, rules or orders made by any appropriate local or regulatory authority or body as may from time to time be applicable. The Service Provider shall also comply with all standards and policies set or issued from time to time by the Authority.

24.2. Notwithstanding, and without prejudice to, the generality of the foregoing Clause 24.1, the Service Provider shall, in performing the Services and all other obligations incumbent upon it in terms of the Contract, comply in all respects with, the Authority‟s health and safety, fire safety, and security policies whilst operating in, or around the vicinity of, any of the Premises.

24.3 The Service Provider shall obtain and comply with, and shall ensure that the Service Provider's agents, employees and representatives whomsoever comply with, the terms of all consents, licences, and permissions from any appropriate local or regulatory authority (including, but not restricted to, any Government agency, branch or department) which are necessary for the provision of the Services or the performance of any other obligation under the Contract.

25. NOTICES

25.1 Any document, instruction, notice or other communication required or permitted to be served in terms of the Contract may be given to, or sent by first class recorded delivery post: 25.1.1 in the case of the Authority to:

The Prisoner Escort Contract Manager, Scottish Prison Service, Calton House, 5 Redheughs Rigg, Edinburgh, EH12 9HW copied to Head of Procurement at the same address, or:

25.1.2 in the case of the Service Provider to:

Reliance Secure Task Management FAO: Managing Director, Motion Media Technology Centre, Severn Bridge, Aust, Bristol, BS35 4BL

copy to Reliance Security Group plc, FAO Group Company Secretary, Boundary House, Cricketfield Road, Uxbridge, Middlesex, UB8 1QL.

Or, in both cases, at or to such other address as shall have been last notified in writing to the other party for the purposes of this Clause 25.

25.2. Any document, instruction, notice or other communication given or served in accordance with the provisions of Clause 25.1 shall be deemed to be given or served:

25.3 by post on the second business day after the letter containing the same was posted, or

25.4 to have been properly given or served immediately upon it being given to, or served by, either party to the officer(s) identified in Clause 25.1.

25.5 For either party to prove that any document, instruction, notice or other communication was served, it shall be necessary only to prove that the same was properly addressed and posted, or given to or served as aforesaid.

26 SERVICE PROVIDER’S STATUS

26.1 Nothing in this Contract shall have the effect of making the Service Provider, or any of the Service Provider‟s agents, employees or representatives whomsoever, a servant of the Scottish Ministers or the Crown.

26.2 In carrying out the Services, the Service Provider shall be principal and shall not be the Agent of the Authority.

26.3 The Service Provider shall not, and shall procure that his agents, employees and representatives whomsoever do not, say or do anything which might lead any other person to believe that the Service Provider, or any agent, employee or representative whomsoever of the Service Provider, is a servant of the Scottish Ministers or the Crown or an agent of the Authority.

27 INFORMATION TO BE SUPPLIED BY THE SERVICE PROVIDER

27.1 Where the Authority may reasonably require it to verify applications or claims made to it by the Service Provider (such as claims under Clause 4.3) the Service Provider shall when reasonably requested to do so by the Authority during the period of the Contract, allow the Authority „open book‟ access to their budgetary or actual cost information but only to the extent necessary for the purpose of verifying the application or claims concerned.

27.2 At any time during the existence of this Contract, or after its expiry or termination (howsoever arising), the Service Provider shall provide to the Authority in writing such information as the Authority may require relating to the employees (or the employees of suppliers) utilised by the Service Provider in the performance of the Services within such reasonable period as may be specified by the Authority. Such information shall include but not be limited to the information requirements detailed in Clause 8, 9 and 11.3 of this Contract.

27.3 The Authority may give the information provided to it by the Service Provider in accordance with Clause 27.1 hereof to any firm, company, person or other legal entity invited or to be invited by the Authority to tender in respect of any contract for the provision of the Services, or any part thereof.

27.4 The Service Provider irrevocably consents to the disclosure of the information provided by it in terms of Clause 27.1 hereof by the Authority in accordance with the provisions of Clause 27.2 hereof, and irrevocably waives the right of confidentiality which it may have in respect of the said information and any other right which it may have in respect of the said information by it or the Authority in accordance with the provisions of Clauses 27.1 and 27.2 hereof. The Service Provider undertakes that the conditions of employment of the Service Provider's employees shall be such that the Service Provider shall be entitled to release to the Authority and the Authority

shall be entitled to release to any third party for the purposes of this Contract, information which would otherwise be protected by law or be confidential between the Service Provider's employees and the Service Provider.

27.5 The provisions of Clauses 27.1 to 27.3 shall apply during the existence of this Contract and for up to 7 years after its expiry or termination, howsoever arising.

28. PRISONER RECORDS

28.1 The police, court, prison or medical documentation records (hereinafter referred to as the "Records") of each Prisoner, which include all information from any source of whatever nature in whatever form recorded by or on behalf of the Service Provider, shall become or, as the case may be, remain the property of the Authority.

28.1.1 For the avoidance of doubt, the Authority retains the right to access the Records at any time on request and for any purpose of the Authority. The Service Provider shall ensure that the Records for each Prisoner are updated as necessary by the Service Provider to ensure that the information which the Service Provider‟s employees (or representatives or employees of suppliers to the Service Provider) provide is correct, up to date, clearly legible, attributable to named persons and dated. 28.2 The Service Provider shall, in accordance with Clause 23, treat all Records as Confidential Information and shall ensure the security of such Records taking all steps necessary to prevent them from being destroyed, improperly altered, lost, disclosed or made public to any third party or coming by any unauthorised means into the possession of any third party.

28.3 The Records shall not be disclosed to any person other than members of the Authority team or a person employed by the Service Provider in carrying out the Contract or any other person concerned with the same or used for any other purpose whatsoever other than the purpose(s) for which they were provided without the prior explicit consent of the Authority.

28.4 Notwithstanding the need for prior written consent of the Authority, Confidential Information contained in the Records may only be disclosed without the consent of the Authority if disclosure is required under an Order of a court or Statute, or can be justified in the public interest, or is in the Prisoner's best interest (and with the agreement of the Prisoner). The Service Provider shall undertake reasonable steps in accordance with Clause 23.3 to notify the Authority of any attempt to compel disclosure of information with the Records.

29. RESEARCH

29.1 Prior consent must be obtained in writing from the Authority before the Service Provider embarks on any project of research at the Premises or any proposed research arising from the Service Provider delivering the Services. Before such consent may be given, the Service Provider shall submit a paper detailing the nature and objectives of the research (and such other information as the Authority may require to allow it assess the Service Provider request) for consideration by the Authority. Such Authority permission shall not be unreasonably withheld.

29.2 Should the Authority commission any research involving a Prisoner or group of Prisoners, or should permission be granted by the Authority for such research by the Service Provider, the Service Provider shall treat such research material as Confidential information and shall observe relevant guidance which may be given by professional bodies from time to time.

30. PATENTS, INFORMATION AND COPYRIGHT

30.1 The Service Provider shall not in the performance of the Services, infringe any patent, trade mark, registered design, copyright or other right in the nature of industrial property of any third party and the Service Provider shall indemnify the Authority and the Scottish Ministers against all actions, claims, demands, costs and expenses which the Authority or the Scottish Ministers may suffer or incur as a result of or in connection with any breach of this Clause.

30.2 All rights (including ownership and copyright) in any reports, documents, instructions, plans, or other material whether in writing or on magnetic or other media:

(a) furnished to or made available to the Service Provider by the Authority are hereby assigned to and shall vest in the Scottish Ministers absolutely.

(b) prepared by or for the Service Provider for use, or intended use, in relation to the performance of the Contract are hereby assigned to and shall vest in the Scottish Ministers absolutely, and (without prejudice to Clause 23) the Service Provider shall not and shall procure that its employees, servants and agents do not (except to the extent necessary for the performance of the Contract) without the prior written consent of the Authority use or disclose any such reports, documents, instructions, plans, or other material as aforesaid or any other information which the Service Provider may obtain pursuant to or by reason of the Contract, except information which is in the public domain otherwise than by reason of this provision, and in particular (but without prejudice to the generality of the foregoing) the Service Provider shall not refer to the Authority or the Contract in any advertisement without the Authority‟s prior written consent.

30.3 The provisions of this Clause 30 shall apply during the continuance of this Contract and after its termination howsoever arising.

31. HEALTH AND SAFETY

31.1 The Service Provider shall comply with the policies, rules and systems in respect of health and safety, which are implemented at any of the Premises from time to time.

31.2 The Service Provider shall ensure that:

31.2.1 it has a code of practice and policies relating to health and safety at work. The Service Provider shall regularly review (at least annually) and any variation thereof to these code‟s of practice or policies shall be communicated to the Authority for review prior to notification to the Service Provider's employees;

31.2.2 its employees have appropriate training in safety matters (see also Clause 8.4) and apply that training for their own well being and that of the staff and the Prisoners. The Service Provider shall particularly ensure that safe systems of work (in accordance with relevant national health & safety standards, and good practice) are identified and implemented throughout the Service operations;

31.2.3 its employees receive instructions with regard to fire risks and precautions, and that they co-operate in any fire prevention measures organised in the Premises, and shall prohibit its employees from smoking at the Premises except where it is expressly permitted; and

31.2.4 its employees receive instructions with regard to the safe operation and use of vehicles including the care and safety of the vehicle passengers.

32. INSPECTION OF PREMISES AND NATURE OF SERVICES

32.1 The Service Provider is deemed to have inspected the Premises, to have understood the nature and extent of the Services to be carried out, and satisfied himself in relation to all matters connected with the Services and Premises. The Service Provider will bring deficits in accommodation, services and equipment to the attention of the Authority and shall ensure that it enacts actions in accordance with the provisions of Clause 10.1.2, 10.1.3, and 10.5.

32.2 The Authority shall, at the request of the Service Provider, grant such access to the Service Provider as may be reasonable for this purpose.

33. PUBLICITY

33.1 The Parties agree that the Contract may be published by the Authority in accordance with the Authority's policy on access to information. However, the Service Provider shall have the right to require the Authority to remove any sections of the Contract before the Contract is published if the Service Provider considers such sections contain operationally or commercially sensitive information. The Authority shall give the Service Provider at least fourteen days' notice in writing of its intention to publish the Contract following which the Service Provider shall notify the Authority in writing of the sections to be removed in accordance with this Clause 33.1. The Service Provider acknowledges that it will be held liable for any breach of relevant legislation which might arise by virtue of the removal of such sensitive information from the Contract prior to its publication.

33.2 Save as provided in Clause 33.1 no announcement or information concerning this Contract, the entering into of this Contract, it contents or the performance of the Services shall be made or released, or be authorised to be made or released by either of the parties without the prior written consent of the other, except that either party may make such announcement or release such information (or authorise the making or releasing of same) in so far as required to do so by law. Subject to the provisions of Clause 23, neither party shall unreasonably withhold permission for the other to make an announcement, or to provide a release of information about the Contract. For the avoidance of doubt, the Service Provider shall submit any proposed release of information to the Authority for review and comment prior to the release of the information to any external or third party.

33.3 Both parties shall take all reasonable steps to ensure the observance of the provisions of Clause 33.2 by their employees, agents, representatives or suppliers of goods or service under the Contract.

34. TEMPORARY AND TRANSITIONAL ARRANGEMENTS

34.1 If the Authority exercises its temporary step in rights under Clause 2.2 or if it terminates the Contract in accordance with Clause 14, it may by written notice to the Service Provider, and the Service Provider hereby grants to the Authority all necessary rights to:

34.1.1 use the whole assets, equipment, software and physical resources used by the Service Provider to provide the Services; and

34.1.2 engage on whatever basis as the Authority may deem fit, employees and/or suppliers of the Service Provider, used to provide to Service;

and that for such period as the Authority may elect from the date of exercise of such rights under Clause 2.2 or the date of termination (as the case may be).

34.2 Upon the expiry or earlier termination of the Contract (whichever comes first), for any reason whatsoever, and if so requested by the Authority, the Service Provider shall work for and co- operate with the Authority for a period of up to 12 months from the date of expiry or termination, as may be determined by the Authority (“the Transition Period”) to ensure an orderly and efficient transition of provisions of the Services (or part of them) by the Service Provider to the provision thereof by the Authority or some other person or service provider organisation. At the beginning of the Transition Period the Service Provider shall return and surrender to the Authority all records (including those providing historical data about Prisoner movements) and documents, necessary to continue the operation of the Services.

34.3 During the period throughout which the Authority uses assets as provided in Clause 34.1, or during the Transition Period, the Service Provider shall provide to the Authority the information required under Clause 9, 11.3, 11.4 and 11.5, in a form acceptable to the Authority within an agreed time period or, failing which, no later than 30 calendar days from the date of the notice from the Authority requesting such.

34.4 During the period throughout which the Authority uses the assets as provided in Clause 34.1 or during the Transition Period, the Authority shall pay to the Service Provider the reasonable costs of the Service Provider for the provision of such assets including but not limited to any lease costs and any depreciation on such assets on a basis consistent with the Service Provider‟s depreciation policy in force at the date of termination. Any sums calculated and due to the Service Provider in accordance with this Clause 34 shall not exceed the sum of the Charges (calculated in accordance with the provisions of Schedule 4 and Clause 20 of this Schedule 3) for provision of the Services over a similar time period immediately prior to any notice served under Clause 2.2, 14,21 or 34. Nothing in Clause 34 or 35 shall be taken as limiting or restricting any right or remedy that the Authority may have in respect of any Default by the Service Provider.

35 POTENTIAL SALE AND PURCHASE OF ASSETS AT TERMINATION

35.1 In the twelve month period prior to the initial Expiry Date or at any time during extension of the Contract under Clause 3 or during the Transition Period, the Authority shall be entitled to commission and undertake its own or an independent review and valuation of the property equipment and vehicles (“assets”) relevant to the Contract prior to either including such information in an invitation to tender or entering negotiations with the Service Provider for the potential acquisition of such assets. The Service Provider shall facilitate such valuation activity by the Authority and shall, if applicable, allow other potential service providers, the Authority or representatives of the Authority to view and assess the equipment or vehicles that may be subject to transfer or sale both prior to, or following, the date of termination notified to the Service Provider.

35.2 The Service Provider may undertake its own or an independent review and valuation of the assets prior to either providing such information to the Authority or entering negotiations with the Authority for the potential sale of them.

35.3 The parties may elect to utilise a single or nominated organisation(s) for the purposes of obtaining valuations of the assets. Such organisation(s) may be nominated by either of the parties or failing agreement on such nomination, nominated by a single arbiter determined by the parties through the application of Clause 17.1. Where an arbiter is appointed the parties agree to submit to the appointment of a nominated valuer and to accept the findings of the valuer as a basis for subsequent negotiation.

35.4 The Service Provider shall ensure that it protects the assets from damage, that it continues to maintain the assets in accordance with the routine and normal maintenance schedules for that that type of asset, and that it does nothing which would adversely affect or diminish the assets during or following any valuation activity. Where the Authority exercises its rights under Clause 34.1 the Service Provider shall ensure maintenance arrangements continue or are enacted on whatever basis the Authority may deem fit. The Service Provider shall notify the Authority (and the valuer) immediately (or within a maximum of 5 calendar days thereafter) of any accident, incident or action (including transfer of assets, which has or may have affected the valuation of assets. The valuer and the Authority shall be entitled to adjust the agreed valuation to reflect the extent of the effect upon the assets.

35.5 Where a valuation of assets has been obtained under Clause 35.1, the Authority or an alternative provider of the Services may, by written notice to the Service Provider, elect to purchase such of the assets as it may specify in the notice, at its requisite value established under Clause 35 and the Service Provider shall be obliged to sell those assets to the Authority or alternative provider of the Services, as the case may be, on that basis. The Service Provider shall ensure an orderly and efficient transition of the provision of the Services by the Service Provider to the provision of the Services by the Authority or alternative Service Provider. The Service Provider shall ensure that any asset sale and transfer is undertaken prior to the transition.

35.6 Where the Service Provider has entered into new lease arrangements under Clause 11.3 and where the date of termination of any such arrangements has not expired by the expiry or termination date, and provided the Service Provider has complied with Clause 11.3 in respect of the vehicles concerned (including the scenario where the Service Provider enters into any new vehicle lease under Clause 11.3.3), the Authority agrees that, notwithstanding any other term of this Contract, it shall join with the Service Provider to procure that such leasing agreement shall be novated on termination of the Contract in one of the following ways:

35.6.1 so as to substitute the Authority in place of the Service Provider, with the Authority having the right (subject to the consent of the relevant leasing company) to assign the benefit and obligations of the lessee to a services provider who has entered into a contract with the Authority to provide the Services after the expiry or termination of the Contract; or

35.6.2 so as to substitute in place of the Service Provider (with the consent of the relevant leasing company) a service provider who has entered into a contract with the Authority to provide the Services after the expiry or termination of the Contract.

35.6.3 Any such novation shall be on terms that the Service Provider is fully released from all obligations arising under the relevant vehicle lease after the completion of the novation.

35.7 Where any asset to be sold or transferred under Clause 35.5 is leased or licensed, then the Service Provider shall, at the request of the Authority, join with the Authority in taking the necessary steps and action to assign, novate, sub-lease or sub-license (as appropriate) such leases or licenses to the Authority or the alternative provider of the Services.

35.8 Unless the Contract provides otherwise, the Authority is not obliged to purchase, lease, licence, sub-lease the equipment or vehicle assets of the Service Provider following expiry of termination of the Contract. 35.9 The Authority shall be entitled to commission and undertake its own or an independent review and verification of the TUPE information provided by the Service Provider prior to or following the date of termination notified to the Service Provider. Such verification may include visiting Service Provider premises to review documents, and discussions and interviews with Service Provider personnel.

35.10 The Service Provider shall not unreasonably restrict or limit the ability of the Authority to undertake the activities detailed in Clause 35.1 and 35.2. 35.11 At or following the expiry of the period of notice stated in any notice of termination for the Contract, or at of following the expiry of any Transition Period, the Authority shall cease to make available to the Service Provider, the equipment and all other facilities made available by the Authority to the Service Provider under Clause 10 or otherwise. The transfer of the Services to the Authority or another service provider shall be arranged between the Authority and the Service Provider so as to reduce to a minimum any interruption in the availability of the Services.

36 CHANGES TO SERVICE PROVIDER’S ORGANISATION

36.1 The Service Provider shall inform the Authority of any changes to senior management personnel or key operational personnel immediately, and any changes to its Board of Directors within twenty-one (21) calendar days of any such change. The Service Provider shall also notify the Authority within seven days thereof of the occurrence of any of the events set out in Clause 14.1.

37 CONFLICT OF INTERESTS

37.1 The Service Provider warrants that it has no interest, and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Services under the Contract. The Service Provider further warrants that in the performance of this Contract, no person having any such interest shall be employed by it.

37.2 The Service Provider warrants that no officer, member or employee of the Authority and no other public official who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Contract has any personal or financial interest, direct or indirect, in this Contract or in the proceeds thereof, via corporate entity, partnership or otherwise.

38. NON SOLICITATION OF EMPLOYEES

38.1 Without in any way restricting the right of an employee freely to accept employment and change employment, the Service Provider shall not (during the term of the Contract and for six (6) months thereafter), without the Authority‟s prior written consent, solicit any of the Authority‟s personnel (which for the avoidance of doubt shall include police, prison and court personnel employed by any of the Scottish Police Forces or Local Authorities, the Scottish Prison Service, the Scottish Court Service and the Scottish Executive Justice Department) including those who have at any time been engaged in the performance of Prisoner escort or court custody duties or management and monitoring of the Service Provider under the terms of this Contract.

38.2 The foregoing undertaking shall not apply in respect of any person who (without having been previously approached directly or indirectly) responds to a general recruitment advertisement placed by (or on behalf of) the Service Provider.

39. FORCE MAJEURE

39.1 If either party is affected by Force Majeure it shall forthwith notify the other party of the nature and extent thereof.

39.2 Neither party shall be deemed to be in breach of this Agreement or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to a Force Majeure event of which it has notified the other party and the time for performance of that obligation shall be extended accordingly.

39.3 If the Force Majeure in question prevails for a continuous period in excess of six months, the parties shall enter into bona fide discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and reasonable.

40. DELAY TO THE IMPLEMENTATION PROGRAMME

40.1 If the Service Provider fails, in the opinion of the Authority, to make itself and the staff, vehicle or other resources available to complete any stage of the Implementation Programme in full by the due date therefor, the Authority may investigate and establish the reasons for such failure and in its sole discretion may either serve written notice on the Service Provider requiring the Service Provider to take such action as the Authority may reasonably require to bring the Implementation Programme up to schedule or revise the timescales and order of the Implementation Programme. If the Authority revises the timescales of the Implementation Programme the Service Provider will implement the Implementation Programme as so revised.

40.2 The Authority and the Service Provider acknowledge that time is of the essence in respect of the original Implementation Programme (i.e. before any revision as above). Subject to Clause 39 Force Majeure, if the Service Provider fails to implement in full, by the original due date, any stage of the Implementation Programme, the Service Provider shall pay to the Authority the Liquidated Damages detailed in Schedule 6, for such stage for each day of the period from the original due date for commencement in full of those Services and the actual date (as confirmed by the Authority) of their implementation in full. Such sum shall be paid as liquidated and ascertained damages by the Service Provider to the Authority on a monthly basis within 5 days of the last day of each month. In the event that the Implementation Programme is revised, any compensation payments in accordance with this Clause 40.2 for late implementation shall be calculated from the original Implementation date specified in Schedule 6.

40.3 The compensation payable under Clause 40.2 shall be the sole financial remedy of the Authority for delays to the Implementation Programme. It follows that no Service Credits will be payable for a failure for which the Authority has claimed compensation under Clause 40.2

41. EURO FUNCTIONALITY

41.1 The Service Provider shall ensure that its management information and invoicing systems shall be capable of, and are upgraded prior to the commencement of any transitional period prior to the implementation of the Euro by the United Kingdom government, and if such transitional period commences prior to the Service Commencement Date, that:

41.1.1 it complies with all legal requirements applicable to the Euro in the United Kingdom, including, but without limitation, the rules on conversion and rounding set out in the EC Regulation number 1103/97; and

41.1.2 that its systems are capable of displaying and printing, and will incorporate in all relevant screen layouts, all symbols and codes adopted by the EU Commission in relation to the Euro.

42. PROTECTING THE ENVIRONMENT

42.1 The Service Provider shall satisfy itself, and indemnify the Authority, that no product will be supplied or used in the provision of the Services that will endanger the health of staff, Prisoners or others, will cause significant damage to the environment during manufacture, use, or disposal, will consume a disproportionate amount of energy during manufacture, use or disposal, will cause unnecessary waste because of over packaging or because of unusually short shelf life, or which contains materials derived from threatened species or threatened environments.

43 INDEXATION

43.1 All specific monetary values in the Contract, save Service Credit amounts, the £25,000 Service Credits for the Performance Measure 2 a) “incidents of death or suicide” and the £20,000 Service Credits for the Performance Measure 3 a) “Incidents of prisoners unlawfully at large including release of a prisoner in error” under Schedule 2 all of which are dealt with under Schedule 2, shall be varied at the same indexation points as the Contract Charges (see paragraph 3.3.2 in Schedule 4) on the basis of the published values of the RPIx index. These shall include but shall not be limited to the following:

43.1.1 the costs of training at SPSC of £650 per person under 4.7.2.1 in Schedule 1;

43.1.2 all indemnities and insurances listed in Clause 19; and

43.1.3 The Authority‟s liabilities on voluntary termination of the Contract under Clause 14.10 as set out in Appendix A of Schedule 3

44. LAW AND JURISDICTION

44.1 The Contract shall be subject to and interpreted in accordance with the law of Scotland.

44.2 Notwithstanding the provisions of Clause 17 hereof, the Service Provider irrevocably submits to the jurisdiction of the .

Schedule 3 Appendix Termination ‘Caps’ in respect of Clause 14.10.3

A.1 The table overleaf sets out by Contract month (counting relative to the month of „Go Live‟ date) the maximum amount (the „cap‟ in the table) which the Authority shall be liable to pay to the Service Provider in respect of costs referred to in Clause 14.10.3, subject to these costs being evidenced to the satisfaction of the Authority, in the event of termination of the Contract by the Authority at the end of the month in question under Clause 14.10.3 to this Schedule 3.

Year Implementation

Month -5 -4 -3 -2 -1

Cap (£) 11,388,868 11,460,218 12,787,990 13,365,955 14,681,222

Year One

Month 1 2 3 4 5 6 7 8 9 10 11 12

Cap (£) 14,506,743 14,332,264 14,157,786 13,983,307 13,808,828 13,634,349 13,492,952 13,318,044 13,143,136 12,968,227 12,793,319 13,107,335

Year Two

Month 13 14 15 16 17 18 19 20 21 22 23 24

Cap (£) 12,957,261 12,807,187 12,657,113 12,507,039 12,356,965 12,206,891 12,056,817 11,906,743 11,756,669 11,606,595 11,456,521 11,306,447

Year Three

Month 25 26 27 28 29 30 31 32 33 34 35 36

Cap (£) 11,145,254 10,984,060 10,822,866 10,661,672 10,500,478 10,339,284 10,178,090 10,016,897 9,855,703 9,694,509 9,533,315 9,372,121

Year Four

Month 37 38 39 40 41 42 43 44 45 46 47 48

Cap (£) 9,209,690 9,047,258 8,884,827 8,722,396 8,559,964 8,397,533 8,235,102 8,072,671 7,910,239 7,747,808 7,585,377 7,422,945

Year Five

Month 49 50 51 52 53 54 55 56 57 58 59 60

Cap (£) 7,259,338 7,095,730 6,932,123 6,768,515 6,604,908 6,441,300 6,277,693 6,114,085 5,950,478 5,786,871 5,623,263 5,459,656

Year Six

Month 61 62 63 64 65 66 67 68 69 70 71 72

Cap (£) 5,294,925 5,130,195 4,965,465 4,800,735 4,636,005 4,471,275 4,306,545 4,141,815 3,977,085 3,812,355 3,647,625 3,482,894

Year Seven

Month 73 74 75 76 77 78 79 80 81 82 83 84

Cap (£) 3,317,088 3,151,282 2,985,476 2,819,670 2,653,864 2,488,058 2,322,252 2,156,446 1,990,640 1,824,834 1,659,028 0

Year Seven plus

Month 85+

Cap (£) £0

This is Schedule 4 referred to in the foregoing Contract dated 3 November 2003 between the Scottish Ministers and Reliance Secure Task Management Ltd for the Provision of Prisoner Escort and Court Custody Services in Scotland Contract Reference 00339

PRISONER ESCORT AND COURT CUSTODY SERVICES

FOR THE

SCOTTISH CRIMINAL JUSTICE SYSTEM

IN

SCOTLAND

SCHEDULE 4

CHARGES

TABLE OF CONTENTS

1. GENERAL ...... 3

2. STRUCTURE OF CHARGES FOR THE SERVICES ...... 3 2.1 Core Services and Non-Core Services ...... 3 2.2 Commencement of Services and Payment ...... 5

3. VARIATION OF CHARGES ...... 5 3.1 Indexation ...... 5 3.2 Annual Review ~ Setting Annual Volume Bands...... 6 3.3 Variation of Charges ~ Retrospective Adjustment for Volume Changes within Years ...... 6

Appendix

Appendix A: Application of Indexation ...... 8

1 GENERAL

1.1 The Authority shall pay to the Service Provider the Charges set out in this Schedule 4, subject to the satisfactory provision of the Services in accordance with the Service Levels detailed in Schedules 1 and 2 (including Appendix A to Schedule 2) and the following provisions of this Schedule 4 and the other provisions of the Contract.

1.2 The Charges for the Services shall reflect the total cost to the Authority for the provision of the Services to any location or Premises or geographic area of Scotland, and into other geographic areas in other legal jurisdictions as appropriate, as detailed in Schedule 1.

1.3 The Charges shall be based on the Services provided, set against the baseline volumes, and detailed in Table 2.1A and Table 2.1B of this Schedule 4.

1.4 All Charges, rates and invoices shall be quoted in Pounds Sterling. VAT, where applicable, shall be included as a net charge on any invoice. The Service Provider shall advise the Authority which elements of the Services on its invoice attract VAT.

1.5 All Charges shall be set for a period of twelve (12) months from 1st April to 31st March for each year of the Contract. The Charges may only be varied in accordance with Clause 4 and 20 of Schedule 3, or in accordance with Clause 3 of this Schedule

2 STRUCTURE OF CHARGES FOR THE SERVICES

2.1 Core Services and Non-Core Services

2.1.1 The Authority shall pay annual Charges for Core and Non-Core Services, reflecting the volume of such activities for each year of the contract from 1st April to 31st March, which shall be payable in twelve (12) equal monthly instalments.

2.1.2 The Charges for volume bands of Core and Non-Core Services shall be as set out in Table 2.1A and Table 2.1B of this Schedule 4. These Charges shall be indexed according to Clause 3.1 and the volume band determined in accordance with Clause 3.2 of this Schedule 4.

2.1.3 If the Contract should expire or otherwise terminate part way through a financial year (and for this purpose a financial year shall be from 1 April to 31 March) then the fixed monthly Charge for each complete calendar month prior to the date of termination in that part financial year shall be the fixed monthly Charge then in force under the provisions of this Schedule 4. The Charge for the last month (if it is not a complete calendar month) will be calculated pro rata based on the number of days of full Service actually provided in that month.

2.1.4 The baseline figures for Core Services are 140,184 Prisoner movements per annum, corresponding to 11,682 Prisoner movements per month on average. For this purpose Prisoner movements mean outbound movements of Prisoners from Premises as opposed to return movements, and shall exclude Non-Core movements.

2.1.5 The baseline figures for Non-Core Services are 12,654 prisoner movements per annum, corresponding to 1,055 prisoner movements per month on average.

2.1.6 The total of the figures in Clauses 2.1.4 and 2.1.5 represents the total baseline Prisoner movement volume.

TABLE 2.1A ~ CORE SERVICE CHARGES (based on an initial 7 year term)

Volume band Monthly Charge Annual Charge

Services delivered within -20 and -25% of the baseline £1,208,276 £14,499,312 figures (8,761 – 9,345 prisoners moved per month) Services delivered within -15 and -20% of the baseline £1,211,121 £14,533,452 figures (9,346 – 9,929 prisoners moved per month) Services delivered within -10 and -15% of the baseline £1,213,966 £14,567,592 figures (9,930 – 10,513 prisoners moved per month) Services delivered within +/-10% of the baseline figures £1,219,655 £14,635,860 (10,514 – 12,850 prisoners moved per month) Services delivered within +10 and +15% of the baseline £1,319,979 £15,839,748 figures (12,851 – 13,434 prisoners moved per month) Services delivered within +15 and +20% of the baseline £1,360,486 £16,325,832 figures (13,435 – 14,018 prisoners moved per month) Services delivered within +20 and +25% of the baseline £1,396,134 £16,753,608 figures (14,019 – 14,603 prisoners moved per month)

TABLE 2.1B ~ NON-CORE SERVICE CHARGES (based on an initial 7 year term)

Volume band Monthly Charge Annual Charge

Services delivered within -20 and -25% of the baseline £278,259 £3,339,108 figures (790 – 843 prisoners moved per month) Services delivered within -15 and -20% of the baseline £278,677 £3,344,124 figures (844 – 896 prisoners moved per month) Services delivered within -10 and -15% of the baseline £279,094 £3,349,128 figures (897 – 949 prisoners moved per month) Services delivered within +/-10% of the baseline figures £279,928 £3,359,136 (950 – 1,160 prisoners moved per month) Services delivered within +10 and +15% of the baseline £310,168 £3,722,016 figures (1,161 – 1,212 prisoners moved per month) Services delivered within +15 and +20% of the baseline £321,997 £3,863,964 figures (1,213 – 1,265 prisoners moved per month) Services delivered within +20 and +25% of the baseline £332,342 £3,988,104 figures (1,266 – 1,319 prisoners moved per month)

2.2 Commencement of Services and Payment

2.2.1 The Service Provider shall be paid during the Implementation Programme between the Service Commencement Date and the Go Live Date in accordance with the Charges detailed in Table 2.2 of this Schedule 4. The required Services are in accordance with Schedule 1 and Clause 2 of Schedule 6.

2.2.2 If the Service Provider does not start any phase of the Implementation Programme on the due date then the Authority shall be entitled to retain 10% of the Charge otherwise payable to the Service Provider for that month. This right shall apply to each phase during the Implementation Programme so that if a subsequent phase does not commence on the due date the Authority shall be permitted to retain a further 10% based on the Charge for that month and so on. Any amount so retained by the Authority shall only become payable when the Service Provider commences the phase in question.

2.2.3 Charges in accordance with Clause 2.1 of this Schedule 4 shall become payable to the Service Provider on the 1 October 2004 subject to the rights of the Authority as set out in Clause 2.2.2 of this Schedule 4.

TABLE 2.2 ~ IMPLEMENTATION CHARGES

Month Qualifying Activity; Implementation charge for Comment the month

April 2004 Phase one commences £608,575 Service Commencement Date

May 2004 Phase 1 on-going and Phase 2 £696,589 Service Commencement Date + commences 1 month

June 2004 Phase 1 and phase 2 ongoing £909,909 Service Commencement Date + 2 month

July 2004 Phase 1 and 2 ongoing and £896,564 Service Commencement Date + Phase 3 commences 3 month

August 2004 Phase 1, 2 and 3 ongoing and £1,158,814 Service Commencement Date + Phase 4 commences 4 month

September 2004 Phases 1, 2, 3, and 4 ongoing £1,451,009 Service Commencement Date + 5 month

3 VARIATION OF CHARGES

3.1 Indexation

3.1.1 The total annual Charge, based on the Charges in Table 2.1A and Table 2.1B of this Schedule 4, shall be varied by being split into proportions and each of these proportions then being indexed individually, based on published indices, as shown in the table below.

Proportion Published index Baseline value Baseline index date 16% Not indexed N/a N/a

71% Earnings index AEI Service LNMP 136.8 April 2003

4% Freight Transport Association (Energy 63.15 April 2003 Audits & Market Analysis, Table 5, Average Net Derv Prices) published by John Hall Associates.

9% RPIx 180.0 April 2003

100%

3.1.2 This indexation shall be applied as set out in Appendix A, starting from 1st October 2004 and annually thereafter commencing on 1 April 2005.

3.2 Annual Review ~ Setting Annual Volume Bands

3.2.1 The volume bands for Charges for Core Services and Non-Core Services shall be determined through an annual review process conducted jointly by the Service Provider and the Authority. This process shall operate as follows:

3.2.1.1 The review shall be conducted between January and March annually.

3.2.1.2 The review will consider the actual prisoner movement volume data for the 12-month period from 1st January to 31st December prior to the review.

3.2.2 The actual prisoner movement volume for the 12 months period from 1 January to 31 December arising out of Clause 3.2.1.2 will determine the volume band for the Charges for Core Services and the Charges for Non-Core Services for the following financial year from 1st April to 31st March, selected from Table 2.1A and Table 2.1B of this Schedule 4.

3.2.3 The first such review shall fix the volume band to be used for the Charge proposed for Core and Non- Core Services for 1st April 2004 to 31st March 2005. Second and subsequent reviews will follow the procedure set out in this Clause 3.2.

3.2.3.1 The volume band for 1 April 2004 to 31 March 2005 shall be no lower than the base line volumes which appear in Clauses 2.1.4 and 2.1.5.

3.3 Retrospective Adjustment for Volume Changes Within Years

3.3.1 A retrospective adjustment to the Charges shall be made annually at the end of any year 1 April to 31 March in which the actual volumes of movements for six (6) or more months were above or 6 or more months were below the average monthly movements corresponding to the volume band set for that year under Clause 3.2.

3.3.2 The adjustment shall be based on the monthly Charge for the difference between the respective actual volumes recorded for that month compared with the Charges set in 3.2.1.4 for each of the individual months qualifying for such adjustment..

3.3.3 The adjustment for Charges for Core and Non-Core Services shall be reconciled and paid or credited separately.

3.3.4 The adjustment to Charges for a year shall be paid or credited retrospectively in the first month of the following year. The adjustment in the Charge could be up or down, depending on the movement in volumes.

3.3.5 Service Credits shall not be included in this process.

Schedule 4 Appendix A: Application of Indexation

INDICES

Contract Year N/a Start 1 Mid 1 Mid 2 Mid 3 Mid 4 Mid 5 Mid 6 Mid 7

Index Index Index Index Valu Index Index Index Index Index Proportion Index Date Value Date Value Date Value Date e Date Value Date Value Date Value Date Value Date Value Not 16% indexed N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a N/a April April October October October October October October October 71% Earnings 2003 136.8 2004 E1 2004 E2 2005 E3 2006 E4 2007 E5 2008 E6 2009 E7 2010 E8 April April October October October October October October October 4% FTA 2003 63.15 2004 F1 2004 F2 2005 F3 2006 F4 2007 F5 2008 F6 2009 F7 2010 F8 April April October October October October October October October 9% RPIx 2003 180.0 2004 R1 2004 R2 2005 R3 2006 R4 2007 R5 2008 R6 2009 R7 2010 R8 100%

Notes: Earnings index is AEI Service LNMP FTA index is Freight Transport Association (Energy Audits & Market Analysis, Table 5, Average Net Derv Prices, mid-month figure) and the number is in pence per litre RPIx index is from Table RP05 published by ONS (series identifier CHMK)

Schedule 4 Appendix A: Application of Indexation

INDEXED CHARGES CALCULATION FORMULAE

X1 = (B x 0.16) + ((B x 0.71) x (E1/136.8)) + ((B x 0.04) x (F1/63.15)) + ((B x 0.09) x (R1/180.0)) X2 = ((B x 0.16) x 1.015) + (((B x 0.71) x (E2/136.8)) x 1.015) + (((B x 0.04) x (F2/63.15)) * 1.015) + (((B x 0.09) x (R2/180.0)) x 1.015) X3 = ((B x 0.16) x 1.015) + ((((B x 0.71) x (E2/136.8)) x 1.015) x (E3/E2)) + ((((B x 0.04) x (F2/63.15)) * 1.015) x (F3/F2)) + ((((B x 0.09) x (R2/180.0)) x 1.015) x (R3/R2)) X4 = ((B x 0.16) x 1.015) + ((((B x 0.71) x (E2/136.8)) x 1.015) x (E4/E2)) + ((((B x 0.04) x (F2/63.15)) * 1.015) x (F4/F2)) + ((((B x 0.09) x (R2/180.0)) x 1.015) x (R4/R2)) X5 = ((B x 0.16) x 1.015) + ((((B x 0.71) x (E2/136.8)) x 1.015) x (E5/E2)) + ((((B x 0.04) x (F2/63.15)) * 1.015) x (F5/F2)) + ((((B x 0.09) x (R2/180.0)) x 1.015) x (R5/R2)) X6 = ((B x 0.16) x 1.015) + ((((B x 0.71) x (E2/136.8)) x 1.015) x (E6/E2)) + ((((B x 0.04) x (F2/63.15)) * 1.015) x (F6/F2)) + ((((B x 0.09) x (R2/180.0)) x 1.015) x (R6/R2)) X7 = ((B x 0.16) x 1.015) + ((((B x 0.71) x (E2/136.8)) x 1.015) x (E7/E2)) + ((((B x 0.04) x (F2/63.15)) * 1.015) x (F7/F2)) + ((((B x 0.09) x (R2/180.0)) x 1.015) x (R7/R2)) X8 = ((B x 0.16) x 1.015) + ((((B x 0.71) x (E2/136.8)) x 1.015) x (E8/E2)) + ((((B x 0.04) x (F2/63.15)) * 1.015) x (F8/F2)) + ((((B x 0.09) x (R2/180.0)) x 1.015) x (R8/R2)) where

X1 = Indexed charges from 1st October 2004 X2 = Indexed charges from 1st April 2005 X3 = Indexed charges from 1st April 2006 X4 = Indexed charges from 1st April 2007 X5 = Indexed charges from 1st April 2008 X6 = Indexed charges from 1st April 2009 X7 = Indexed charges from 1st April 2010 X8 = Indexed charges from 1st April 2011

B = Baseline price from Tables 2.1A and 2.1B, set each year on the basis of the volume bands selected under Clause 3.2.1.4

E1 = Earning index value as at April 2004 F1 = FTA index value as at April 2004 R1 = RPIx value as at April 2004 E2 = Earning index value as at October 2004 F2 = FTA index value as at October 2004 R2 = RPIx value as at October 2004 E3 = Earning index value as at October 2005 F3 = FTA index value as at October 2005 R3 = RPIx value as at October 2005 E4 = Earning index value as at October 2006 F4 = FTA index value as at October 2006 R4 = RPIx value as at October 2006 E5= Earning index value as at October 2007 F5 = FTA index value as at October 2007 R5 = RPIx value as at October 2007 E6= Earning index value as at October 2008 F6 = FTA index value as at October 2008 R6 = RPIx value as at October 2008 E7 = Earning index value as at October 2009 F7 = FTA index value as at October 2009 R7= RPIx value as at October 2009 E8 = Earning index value as at October 2010 F8 = FTA index value as at October 2010 R8 = RPIx value as at October 2010

This is Schedule 5 referred to in the foregoing Contract dated 3 November 2003 between the Scottish Ministers and Reliance Secure Task Management for the Provision of Prisoner Escort and Court Custody Services in Scotland Contract Reference 00339

PRISONER ESCORT AND COURT CUSTODY SERVICES

FOR THE

SCOTTISH CRIMINAL JUSTICE SYSTEM

IN

SCOTLAND

SCHEDULE 5

PREMISES

TABLE OF CONTENTS

1. INTRODUCTION ...... 3

2. PRISON PREMISES ...... 4

3. POLICE PREMISES – BY FORCE ...... 5 3.1 Police Stations with Custody Units ...... 5 3.2 Legalised Police Cells ...... 6 3.3 Police Stations with ID Facilities ...... 7

4. POLICE PREMISES – ALPHABETICALLY ...... 4.1 Police Stations with Custody Units ...... 8 4.2 Legalised Police Cells ...... 9 4.3 Police Stations with ID Facilities ...... 9

5. COURT PREMISES ...... 5.1 Supreme Courts ...... 10 5.2 High Court ...... 10 5.3 Sheriff Court ...... 10 5.4 District Courts...... 11

6. PSYCHIATRIC HOSPITALS ...... 14

1. INTRODUCTION

1.1 Schedule 5 details the relevant Premises, as defined within Clause 1.25 of Schedule 3 Contract Conditions, meaning police custody unit(s), court or courts, prison or prisons or young offender institutions, hospital or hospitals or other locations where Services are to be performed, or such other premises as the Service Provider may require to enter to perform delivery of the Services.

1.2 Section 6 of this Schedule lists the Psychiatric Hospitals that are routinely used to detain prisoners subject to a Hospital Order under the Criminal Procedure (Scotland) Act 1995 or subject to detention under the Mental Health (Scotland) Act 1984. Additional National Health Service hospitals that may occasionally be utilised to detain prisoners under the above legislation are listed within Schedule 6 (Implementation Programme).

2. PRISON PREMISES

Name Address Post Code Telephone Number HMP Aberdeen Craiginches, 4 Grampian Place, Aberdeen AB11 8FN 01224 238 300 HMP Barlinnie Barlinnie, Glasgow G33 2QX 0141 770 2000 HMP Castle Huntly Castle Huntly, Longforgan, Nr Dundee DD2 5HL 01382 360 265 HMP Cornton Vale Cornton Vale Road, Stirling FK9 5NU 01786 832591 HMP & YOI Dumfries Terregles Street, Dumfries DG2 9AX 01387 261218 HMP Edinburgh 33 Stenhouse Road, Edinburgh EH11 3LN 0131 444 3000 HMP & YOI Glenochil King O' Muir Road, Tullibody, Clackmannanshire FK10 3AD 01259 760471 HMP Greenock Gateside, Greenock PA16 9AH 01475 787801 HMP Inverness Porterfield, Duffy Drive, Inverness IV2 3HH 01463 229000 HMP Kilmarnock Bowhouse, Mauchline Road, Killmarnock KA1 5AA 01563 548800 HMP Low Moss Crosshill Road, Bishopbriggs, Glasgow G64 2QB 0141 762 4848 HMP Noranside Noranside, Fern, by Forfar, Angus DD8 3QY 01356 650217 HMP Perth 3 Edinburgh Road, Perth PH2 8AT 01738 622293 HMP Peterhead Peterhead, Aberdeenshire AB42 2YY 01779 479101 YOI Polmont Polmont, Falkirk FK2 OAB 01324 711558 HMP Shotts Shotts, Lanarkshire ML7 4LE 01501 824000

3. POLICE PREMISES – BY FORCE

3.1 Police Stations with Custody Units

Name Address Post Code Telephone Number Police Force: Central Alloa Mar Place, Alloa FK10 1AA 01259 723255 Falkirk Closed for rebuild ( due to reopen in 18 months) NA NA Grangemouth Boness Road, Grangemouth FK3 8AF 01324-482232 Stirling Randolphfield, Stirling FK8 2HD 01786 45600 Police Force: Dumfries & Galloway Dumfries Loreburn Street, Dumfries DG1 1HP 01387 252112 Stranraer Port Rodie, Stranraer DG9 8EG 01776 702112 Police Force: Fife Cupar Carslogie Road, Cupar, Fife, KY15 4HY 01334 418700 Dunfermline Holyrood Place, Dunfermline, Fife KY12 7PA 01383 318700 Glenrothes Napier Road, Glenrothes KY6 1HN 01592 418600 Kirkcaldy St. Brycedale, Kirkcaldy, Fife KY1 1EU 01592 872708 Levenmouth Sea Road, Methil, Leven, Fife KY8 3DE 01592 418900 Police Force: Grampian Aberdeen Queen Street, Aberdeen AB10 1ZA 01224 386000 Elgin Moray Street, Elgin IV30 1JH 01343 543101 Peterhead Merchant Street, Peterhead AB42 6BU 01779 472571 Police Force: Lothian & Borders Dalkeith Newbattle Road, Dalkeith EH22 3AX 0131 6632855 Hawick Wilton Hill, Hawick TD9 8BA 01450 75051 Livingston Almondvale South, Livingston EH54 6NB 01506 431200 St Leonards St Leonards Street, Edinburgh EH8 9QW 0131 6625000 Police Force: Northern Dingwall Bridaig High Street, Dingwall IV15 9QH 01349 862444 Dornoch Argyle Street, Dornoch IV25 3LA 01862 810222 FortWilliam High Street, Fort William PH33 6EE 01397 702361 Inverness Burnett Road, Inverness IV1 1RL 01463 715555 Kirkwall Watergate, Kirkwall, Orkney KW15 1PD 01856 872241 Lerwick Market Street, Lerwick, Shetland ZE1 0JN 01595 692110 Lochmaddy Police Station, Lochmaddy, Western Isles HS6 5AE 01876 500328 Skye Somerled Square, Portree, Skye IV51 9EH 01478 612888 Stornoway Church Street, Stornoway, Western Isles IV51 9EH 01851 702222 Wick Bridge Street, Wick, Caithness KW1 4AW 01955 603551 Police Force: Strathclyde, Division A Partick 609 Dumbarton Road, Glasgow G11 6HY 0141 5325930 Stewart St 50 Stewart Street, Glasgow G4 OHY 0141 5323000 Police Force: Strathclyde, Division: C Kirkintilloch 45 Southbank Drive, Kirkintilloch (no custody holding G66 1XJ 0141 532 4400 facilities) Maryhill Rd 1380 Maryhill Road, Glasgow G20 9TX 0141 5323700 Police Force: Strathclyde, Division: E

Name Address Post Code Telephone Number Baird St 6 Baird Street, Glasgow G40 EZ 0141 5324100 London Rd 851 London Road, Glasgow G40 3RX 0141 5324600 Police Force: Strathclyde, Division: G Helen St 923 Helen Street, Glasgow G52 1EE 325400 Police Force: Strathclyde, Division: K Greenock 160 Rue End Street, Greenock PA15 1HX 01475 492500 Paisley Mill Street, Paisley PA1 1JU 0141 5325900 Police Force: Strathclyde, Division: L Campbeltown Castlehill, Campbeltown PA28 6AN 01586 552253 Clydebank 50 Montrose Stree, Clydebank G81 2QD 0141 5323300 Dumbarton Stirling Road Overtoun, Dumbarton G82 3PT 01389 822000 Dunoon Argyll Road, Dunoon PA23 8ES 01369 702222 Oban Albany Street, Oban PA34 4AL 01631 562213 Rothesay High Street, Rothesay, Bute PA20 9AZ 01700 502121 Police Force: Strathclyde, Division: N Bellshill 5 Thorn Road, Bellshill (being used to for the detention ML4 1PB 01698 202401 of female prisoners) Coatbridge Whittington Street, Coatbridge ML5 3AD 01236 502000 Cumbernauld South Muirhead Road, Cumbernauld G67 1AX 01236 503900 Motherwell 217 Windmill Street, Motherwell ML1 1RZ 01698 483000 Police Force: Strathclyde, Division: Q East Kilbride Andrew Street, East Kilbride G74 1AA 01355 564000 Hamilton Campbell Street, Hamilton ML3 6AT 01698 483300 Lanark 27 Westport, Lanark, ML11 9HD 01555 662455 Rutherglen King Street, Rutherglen, Glasgow G73 1DG 0141 5325200 Police Force: Strathclyde, Division: U Ayr King Street, Ayr KA8 0BU 01292 664000 Kilmarnock 10 St Marnock Street, Kilmarnock KA1 1PJ 01563 505000 Saltcoats Glencairn Street, Saltcoats KA21 5JT 01294 404500 Police Force: Tayside Arbroath Gravesend, Arbroath DD11 1HT 01241 872222 Dundee West Bell Street, Dundee DD1 9JU 01382 591678 Forfar West High Street, Forfar DD8 1BP 01738 828343 Perth Barrack Street, Perth PH1 5SF 21141

3.2 Legalised Police Cells

Name Address Post Telephone Code Number Police Force: Lothian & Borders Hawick Wilton Hill, Hawick TD9 8BA 01450 75051 Police Force: Northern Kirkwall Watergate, Kirkwall KW15 1PD 01856 872241 Lerwick Market Street, Lerwick, ZE1 0JN 01595 692110 Lochmaddy Police Station, Lochmaddy, Western Isles HS6 5AE 01876 500328 Stornoway Church Street, Stornoway HS1 2 JD 01851 702222 Thurso Olrig Street, Thurso, Caithness KW14 7JA 01847 893222

Name Address Post Telephone Code Number Police Force: Strathclyde, Division: L Campbeltown Castlehill, Campbeltown PA28 6AN 01586 552253 Dunoon Argyll Road, Dunoon PA23 8ES 01369 702222 Oban Albany Street, Oban PA34 4AL 01631 562213

3.3 Police Stations with ID Facilities

Name Address Post Telephone Code Number Police Force: Grampian Banff High Shore, Banff AB45 1HN 01261 812555 Fraserburgh 71/73 Finlayson Street, Fraserburgh AB43 9JQ 01346 513121 Inverurie Blackhall Road, Inveruruie AB25 3QD 01467 620222 Police Force: Strathclyde, Division: L Alexandria Hill Street, Alexandria, Dumbarton G83 0DU 01389 822000 Police Force: Strathclyde, Division: N Airdrie Anderson Street, Airdrie ML6 0AA 01236 762222

4 POLICE PREMISES - ALPHABETICALLY

4.1 Police Stations with Custody Units

Name Address Post Code Telephone Number Aberdeen Queen Street, Aberdeen AB10 1ZA 01224 386000 Alloa Mar Place, Alloa FK10 1AA 01259 723255 Ayr King Street, Ayr KA8 0BU 01292 664000 Baird St 6 Baird Street, Glasgow G40 EZ 0141 5324100 Campbeltown Castlehill, Campbeltown PA28 6AN 01586 552253 Clydebank 50 Montrose Stree, Clydebank G81 2QD 0141 5323300 Coatbridge Whittington Street, Coatbridge ML5 3AD 01236 502000 Cumbernauld South Muirhead Road, Cumbernauld G67 1AX 01236 503900 Cupar Carslogie Road, Cupar, Fife, KY15 4HY 01334 418700 Dalkeith Newbattle Road, Dalkeith EH22 3AX 0131 6632855 Dingwall Bridaig High Street, Dingwall IV15 9QH 01349 862444 Dornoch Argyle Street, Dornoch IV25 3LA 01862 810222 Dumbarton Stirling Road Overtoun, Dumbarton G82 3PT 01389 822000 Dumfries Loreburn Street, Dumfries DG1 1HP 01387 252112 Dunfermline Holyrood Place, Dunfermline, Fife KY12 7PA 01383 318700 Dunoon Argyll Road, Dunoon PA23 8ES 01369 702222 East Kilbride Andrew Street, East Kilbride G74 1AA 01355 564000 Elgin Moray Street, Elgin IV30 1JH 01343 543101 Falkirk Falkirk FK1 5AP 01324 634212 FortWilliam High Street, Fort William PH33 6EE 01397 702361 Glenrothes Napier Road, Glenrothes KY6 1HN 01592 418600 Greenock 160 Rue End Street, Greenock PA15 1HX 01475 492500 Hamilton Campbell Street, Hamilton ML3 6AT 01698 483300 Hawick Wilton Hill, Hawick TD9 8BA 01450 75051 Helen St 923 Helen Street, Glasgow G52 1EE 0141 5325400 Inverness Burnett Road, Inverness IV1 1RL 01463 715555 Kilmarnock 10 St Marnock Street, Kilmarnock KA1 1PJ 01563 505000 Kirkcaldy St. Brycedale, Kirkcaldy, Fife KY1 1EU 01592 872708 Kirkwall Watergate, Kirkwall, Orkney KW15 1PD 01856 872241 Lanark 27 Westport, Lanark, ML11 9HD 01555 662455 Lerwick Market Street, Lerwick, Shetland ZE1 0JN 01595 692110 Levenmouth Sea Road, Methil, Leven, Fife KY8 3DE 01592 418900 Livingston Almondvale South, Livingston EH54 6NB 01506 431200 Lochmaddy Police Station, Lochmaddy, Western Isles HS6 5AE 01876 500328 London Rd 851 London Road, Glasgow G40 3RX 0141 5324600 Maryhill Rd 1380 Maryhill Road, Glasgow G20 9TX 0141 5323700 Motherwell 217 Windmill Street, Motherwell ML1 1RZ 01698 483000 Peterhead Merchant Street, Peterhead AB42 6BU 01779 472571 Skye Somerled Square, Portree, Skye IV51 9EH 01478 612888 St Leonards St Leonards Street, Edinburgh EH8 9QW 0131 6625000 Stirling Randolphfield, Stirling FK8 2HD 01786 45600 Stornoway Church Street, Stornoway, Western Isles IV51 9EH 01851 702222 Stranraer Port Rodi, Stranraer DG9 8EG 01776 702112 Wick Bridge Street, Wick, Caithness KW1 4AW 01955 603551

4.1 Police Stations with Custody Units - Continued

Name Address Post Code Telephone Number Arbroath Gravesend, Arbroath DD11 1HT 01241 872222 Dundee West Bell Street, Dundee DD1 9JU 01382 591678 Forfar West High Street, Forfar DD8 1BP 01738 828343 Oban Albany Street, Oban PA34 4AL 01631 562213 Paisley Mill Street, Paisley PA1 1JU 0141 5325900 Partick 609 Dumbarton Road, Glasgow G11 6HY 0141 5325930 Perth Barrack Street, Perth PH1 5SF 01738 621141 Rothesay High Street, Rothesay, Bute PA20 9AZ 01700 502121 Rutherglen King Street, Rutherglen, Glasgow G73 1DG 0141 5325200 Saltcoats Glencairn Street, Saltcoats KA21 5JT 01294 404500 Stewart St 50 Stewart Street, Glasgow G4 OHY 0141 5323000

4.2 Legalised Police Cells

Name Address Post Telephone Code Number Campbeltown Castlehill, Campbeltown PA28 6AN 01586 552253 Dunoon Argyll Road, Dunoon PA23 8ES 01369 702222 Hawick Wilton Hill, Hawick TD9 8BA 01450 75051 Kirkwall Watergate, Kirkwall KW15 1PD 01856 872241 Lerwick Market Street, Lerwick, ZE1 0JN 01595 692110 Lochmaddy Police Station, Lochmaddy, Western Isles HS6 5AE 01876 500328 Oban Albany Street, Oban PA34 4AL 01631 562213 Stornoway Church Street, Stornoway HS1 2 JD 01851 702222 Thurso Olrig Street, Thurso, Caithness KW14 7JA 01847 893222

4.4 Police Stations with ID Facilities

Name Address Post Telephone Code Number Airdrie Anderson Street, Airdrie ML6 0AA 01236 762222 Alexandria Hill Street, Alexandria, Dumbarton G83 0DU 01389 822000 Banff High Shore, Banff AB45 1HN 01261 812555 Fraserburgh 71/73 Finlayson Street, Fraserburgh AB43 9JQ 01346 513121 Inverurie Blackhall Road, Inveruruie AB25 3QD 01467 620222

5 COURT PREMISES

5.1 Supreme Courts

Name Address Post Telephone Code Number Supreme Court Parliament House, Edinburgh (Appeal Court) EH1 1RQ 0131 240 6900 Supreme Court Lawnmarket, Edinburgh EH1 1RQ 0131 240 6900 Supreme Court 1 Mart Street Glasgow G1 5JU 0141 552 3795

5.2 High Courts

Name Address Post Telephone Code Number Aberdeen Castle Street, Aberdeen AB10 1WP 01224 648316 Ayr Wellington Square, Ayr KA7 1DR 01292 268474 Dumfries Buccleuch Street, Dumfies DG1 2AN 01387 262334 Dundee 6 West Bell Street, Dundee DD1 9AD 01382 229961 Dunfermline 1/6 Carnegie Drive, Dunfermline KY12 7HJ 01383 724666 Forfar Market Street, Forfar DD8 3LA 01307 462186 Inverness The Castle, Inverness IV2 3EG 01463 230782 Jedburgh Castlegate, Jedburgh TD8 6AR 01835 863231 Kilmarnock St Marnock Street, Kilmarnock KA1 1ED 01563 520211 Kirkcaldy Whytescauseway, Kirkcaldy KY1 1XQ 01592 260171 Oban Albany Street, Oban PA34 2AL 01631 562414 Paisley St James Street, Paisley PA3 2HW 01418 875291 Perth Tay Street, Perth PH2 8NL 01738 620546 Peterhead Queen Street, Peterhead AB42 6TP 01779 476676 Stirling Viewfield Place, Stirling FK8 1NH 01786 462191 Stonehaven Dunnottar Avenue, Stonehaven AB3 2JH 01569 762758

5.3 Sheriff Courts

Name Address Post Telephone Code Number Aberdeen Castle Street, Aberdeen AB10 1WP 01224 648316 Airdrie Graham Street, Airdrie ML6 6EE 01236 751121 Alloa Mar Street, Alloa FK10 1HR 01259 722734 Arbroath Town House, 88 High Street, Arbroath D11 1HL 01241 876600 Ayr Wellington Square, Ayr KA7 1DR 01292 268474 Banff Low Street, Banff AB45 1AU 01261 812140 Campbeltown Castle Hill, Campbeltown PA28 6AN 01586 552503 Cupar County Buildings, St Catherine Street, Cupar KY15 4LX 01334 652121 Dingwall Ferry Road, Dingwall, Ross-shire IV15 9QX 01349 863153 Dornoch Castle Street, Dornoch IV25 3FD 01862 810224 Dumbarton Church Street, Dumbarton G82 1QR 01389 763266 Dumfries Buccleuch Street, Dumfries DG1 2AN 01387 262334 Dundee 6 West Bell Street, Dundee DD1 9AD 01382 229961 Dunfermline 1/6 Carnegie Drive, Dunfermline KY12 7HJ 01383 724666 Dunoon George Street, Dunoon PA23 8BQ 01369 704166 Duns 8 Newtown Street, Duns TD11 3DU 01385 863231

5.3 Sheriff Courts – Continued

Name Address Post Telephone Code Number Edinburgh Chambers Street, Edinburgh EH1 1LB 01312 252525 Elgin High Street, Elgin, Moray IV30 1BU 01343 542505 Falkirk Main Street, Camelon, Falkirk FK1 4AR 01324 620822 Forfar Market Street, Forfar DD8 3LA 01307 462186 Fort William High Street, Fort William PH33 6EE 01397 702087 Glasgow PO Box 23, 1 Carlton Place, Glasgow G5 9DA 01414 298888 Greenock 1 Nelson Street, Greenock PA15 1TR 01475 787073 Haddington Court Street, Haddington EH41 3HN 0162082 2936 Hamilton 4 Beckford Street, Hamilton ML3 0BT 01698 282957 Inverness The Castle, Inverness IV2 3EG 01463 230782 Jedburgh Castlegate, Jedburgh TD8 6AR 01835 863231 Kilmarnock St Marnock Street, Kilmarnock KA1 1ED 01563 520211 Kirkcaldy Whytescauseway, Kirkcaldy KY1 1XQ 01592 260171 Kirkcudbright High Street, Kirkcudbright DG6 4JW 01557 330574 Kirkwall Watergate, Kirkwall, Orkney KW15 1PD 01856 872110 Lanark Hozier House, Hyndford Road, Lanark (From Dec 03/Jan ML11 9BB 01555 661531 04, 24 Hope Street, Lanark) Lerwick King Erik Street, Lerwick, Shetland ZE1 0HD 01595 693914 Linlithgow High Street, Linlithgow EH49 7EQ 01506 842922 Livingston Annex Lothian House Almondvale North, Livingston EH54 6QZ 01506 462118 (Linlithgow Sheriff) Lochgilphead Lochnell Street, Lochgilphead PA31 8JJ 01369 704166 Lochmaddy Lochmaddy, North Uist PA82 5AE 01876 500340 Oban Albany Street, Oban PA34 4AL 01631 562414 Paisley St James Street, Paisley PA3 2AW 01418 875291 Peebles High Street, Peebles (Presently being held in Selkirk EH45 8SW 01721 720204 Sheriff Court) Perth Tay Street, Perth PH2 8NL 01738 620546 Peterhead Queen Street, Peterhead AB42 6TP 01779 476676 Portree Somerled Square, Portree, Isle of Sky IV51 9EH 01478 612191 Rothesay Castle Street, Rothesay PA20 9HA 01700 502982 Selkirk Ettrick Terrace, Selkirk TD7 4LE 01750 21269 Stirling Viewfield Place, Stirling FK8 1NH 01786 462191 Stonehaven Dunnottar Avenue, Stonehaven AB3 2JH 01569 762758 Stornoway Lewis Street, Stornoway, Isle of Lewis PA87 2JF 01851 702231 Stranraer Lewis Street, Stranraer DG9 7AA 01776 702138 Tain High Street, Tain IV19 1AB 01862 892518 Wick Bridge Street, Wick KW1 4AJ 01955 602846

5.4 District Courts

Name Address Post Telephone Code Number Aberdeen Queen Street, Aberdeen AB10 1AQ 01224 522760/3 Alloa 14 Bank Street, Alloa FK10 1HP 01259 720872/725196 Annan Council Offices, High Street, Annan DG12 6AQ 01461 203311 Arbroath 88 High Street, Arbroath (in Sheriff Court) DD11 1HL 01307 473457 Ayr 29 New Bridge Street, Ayr KA7 1JX 01292 617645

Name Address Post Telephone Code Number Banff Low Street, Banff (in Sheriff Court building) AB45 1AU 01261 813 200 Brechin 10 Bank Street, Brechin DD9 6AX 01307 473457 Campbeltown Castle Hill, Campbeltown (in Sheriff Court building) PA28 6AW 01546 604340 Clydebank Clydebank Town Hall, 49 Dumbarton Road, Clydebank G81 1XQ 01389737803/804 Coatbridge 453 Main Street, Coatbridge ML5 3RF 01236 431141 Cumbernauld Council Offices, Bron Way, Cumbernauld G67 1DZ 01236 616200 Cumnock New Bridge Street, Cumnock, Ayrshire KA18 1BN 01290 429049/420755 Cupar County Buildings, St Catherines Street, Cupar KY15 4TA 01334 412901/412762 Dingwall Ferry Road, Dingwall, Ross-shire (in Sheriff Court) IV15 9QX 01349 863153 Dornoch Castle Street, Dornoch (in Sheriff Court) IV25 3FD 01408 633033 Dumbarton Church Street, Dumbarton G82 1QR 01389 737803/804 Dumfries Municipal Chambers, 75 Buccleuch Street, Dumfries DG1 2AD 01387 260000 Dundee 6 West Bell Street, Dundee DD1 1EX 01382 434599 Dunfermline 2nd Floor, City Chambers, Kirkgate, Dunfermline KY12 7ND 01383 313675 Dunoon George Street, Dunoon (in Sheriff Court) DA23 8BQ 01546 604340 Duns 8 Newton Street, Duns (in Sheriff Court) TD11 3DU 01361 882600 East Kilbride Civic Centre, Andrew Street, East Kilbride G74 1AB 01355 806215 Edinburgh 1 Parliament Square, Edinburgh EH1 1RF 0131 5294165 Elgin Glover Street, Elgin IV30 1BX 01343 543451 Falkirk Municipal Buildings, Camelon Road, Falkirk FK1 5RS 01324 506070 Forfar Market Street, Forfar (in Sheriff Court building) DD8 3LA 01307 461460 Fort William High Street, Fort William (in Sheriff Court) PH33 6EE 01397 703881 Giffnock The District Court House, Braidholm Road, Giffnock G46 6UG 0141 5773000 Girvan Town House, Knockcushan Street, Girvan KA26 9AQ 01292 617645 Glasgow 21 St Andrews St and 68 Turnbull St (Custody Court G1 5PW 0141 2872000 only), Glasgow Greenock Municipal Buildings, Greenock PA15 1LX 01475 717171 Haddington Court Street, Haddington (in Sheriff Court) EH41 3HN 01620 827827 Hamilton Campbell Street, Hamilton ML3 6AT 01698 452481 Helensburgh 1 East Princess Street, Helensburgh G84 7QS 01546 604340 Inverness The Castle, Inverness (in Sheriff Court) IV2 3EG 01463 724231 Inverurie District Court, Wyness Hall, Jackson Street, Inverurie AB51 0AA 01467 628225/205 Irvine Town House, 66 High Street, Irvine KA12 0AZ 01294 279275 Jedburgh Castlegate, Jedburgh (in Sheriff Court) TD8 6AR 01450 375991 Kilmarnock Civic Centre, John Dickie Street, Kilmarnock KA1 1BY 01563 576000 Kingussie Court House, High Street, Kingussie PH21 1HY 01540 661555 Kirkcaldy 23 St Brycedale Road, Kirkcaldy KY1 1ER 01592 412605 Kirkcudbright Council Offices, Daar Road, Kirkcudbright DG6 4JG 01387 260000 Kirkintilloch 21 Southbank Road, Kirkintilloch G66 4TJ 0141 5788037 Lanark Council Offices, South Vennel, Lanark ML11 7JT 01555 661331 Livingston District Courthouse, Civic Square, Almondvale EH54 6QZ 01506 777431 Boulevard, Livingston Lochgilphead Lochnell Street, Lochgilphead (annex to Police Station) PA31 8JJ 01546 604340 Lockerbie Town Hall, Lockerbie DG11 2ES 01387 260000 Milngavie Milngavie Town Hall, Station Road, Milngavie G62 4TJ 0141 5788037 Motherwell PO Box 14, Civic Centre, Motherwell ML 1TW 01698 302273 Nairn The Courthouse, High Street, Nairn IV12 4AU 01667 455523

Name Address Post Telephone Code Number Oban Albany Street, Oban (in Sheriff Court) PA34 4AL 01546 604340 Paisley District Court, Mill Street, Paisley PA1 1TT 0141 8403577 Peebles High Street, Peebles (in Shrf Court; now in Selkirk Sh Ct) EH45 8SW 01721 720153 Penicuik 33 High Street, Penicuik EH26 8HS 01968 672281 Perth PO Box 56, 16 Tay Street, Perth PH1 5PH 01738 475149 Peterhead Arbuthnot House, Peterhead 01261 813 200 Portree Tigh-Na-Sgire, Park Lane Isle of Skye (in Sheriff Court) IV51 9GP 01478 613826 Rutherglen King Street, Rutherglen G73 1DQ 0141 6132616 Selkirk Ettrick Terrace, Selkirk (in Sheriff Court) TD7 4LE 01896 754751 Stirling Spittal Street, Stirling FK8 2ET 01786 443294 Stonehaven Dunnottar Avenue, Stonehaven (in Sheriff Court building) AB39 2JH 01569 768 252 Stornoway Lewis Street, Stornoway (in Sheriff Court) PA87 2JT 01851 703773 Stranraer Lewis Street, Stanraer DG9 7AA 01776 702151 Tain High Street, Tain (in Sheriff Court) IV19 1AB 01862 892518 Wick Bridge Street, Wick, Caithness (in Sheriff Court) KW1 4AJ 01955 607705

6 PSYCHIATRIC HOSPITALS

Name Address Post Code Telephone number

Ailsa Hospital Dalmellington Road, Ayr KA6 6AB 01292 610556 Argyll & Bute Hospital Lochgilphead, Argyll PA31 8LD 01546 602323 Bellsdyke Road, FK5 4SF 01324 570700 Crichton Royal Hospital Dumfries DG1 4TG 01387 244000 Crosshouse Hospital Crosshouse Psychiatry Unit, Kilmarnock KA2 0BE 01563 521133 Grahamston Road, Paisley PA2 7DE 0141 884 5122 Falkirk & District Royal Wards 18 & 19, Royal Infirmary, Falkirk FK1 5QE 01324 624000 Infirmary 1055 Great Western Road, Glasgow G12 0XH 0141 211 3600 Hartwoodhill Hospital Hartwood, Shotts ML7 4LA 01698 245000 Haddington, East Lothian EH41 3BU 0131 536 8300 Huntlyburn House Melrose TD6 9BP 01896 822887 Inverclyde Royal Hospital Larkfield Road, Greenock PA16 0XL 01475 633777 Ladysbridge, Banff AB45 2JS 01261 861361 510 Crookston Road, Glasgow G53 7TU 0141 211 6400 Monklands Hospital Psychiatric Unit, Monkscourt Avenue, Airdrie ML6 0JS 01236 748748 Muirhall Road, Perth PH2 7BH 01738 621151 New Craigs Hospital 6-16 Leachkin Road, Inverness IV3 8NP 01463 242860 Orchard Clinic at Royal Morningside Place, Edinburgh EH10 5HF 0131 537 6000 Edinburgh Hospital Hospital 81 Salamanca Street, Glasgow G31 5BA 0141-2118300 Ravenscraig Hospital Inverkip Road, Greenock PA16 9HA 01475 33777 Roslin, Midlothian EH25 9QE 0131 536 7600 26 Cornhill Road, Aberdeen AB25 3GH 01224 663131 Royal Dundee Liff Hospital Dundee DD2 5NF 01382 423000 Southern General Hospital Psychiatric Unit, 1345 Govan Road, Glasgow G51 4TF 0141 201 1100 St John‟s Hospital at Howden Howden Road West, Livingston, West Lothian EH54 6PP 01506 419666 St Michael‟s Cottage Craigs Road, Dumfries DG1 4UT NA Mackinnon House, 133 Balornock Road, G21 3UW 0141 201 3000 Glasgow Springfield, Cupar KY15 5RR 01334 652611 Strathmartine Hospital Dundee DD3 0PG 01382 423000 Montrose DD10 9JP 01674 830361 The , Lanark ML11 8RP 01555 8402963 Vale of Leven District Main Street, Alexandria G83 0UA 01389 754121 General Hospital William Fraser Centre Tipperlinn Road, Morningside, Edinburgh EH10 5HF 0131 537 6000 Woodlands Hospital Cults, Aberdeen AB25 3XZ 01224 663131

This is Schedule 6 referred to in the foregoing Contract dated 3 November 2003 between the Scottish Ministers and Reliance Secure Task Management Ltd for the Provision of Prisoner Escort and Court Custody Services in Scotland Contract Reference 00339

PRISONER ESCORT AND COURT CUSTODY SERVICES

FOR THE

SCOTTISH CRIMINAL JUSTICE SYSTEM

IN

SCOTLAND

SCHEDULE 6

IMPLEMENTATION PROGRAMME

TABLE OF CONTENTS

1. GENERAL PRINCIPLES OF IMPLEMENTATION ...... 3

2. IMPLEMENTATION PROGRAMME ...... 4-10

3. LIQUIDATED DAMAGES/ LATE IMPLEMENTATION ...... 11

1. GENERAL PRINCIPLES OF IMPLEMENTATION

1.1 This Implementation Programme Schedule details the basis by which the Service Provider shall achieve the seamless transfer of responsibility for Prisoner escort and court custody services, on an incremental basis, in terms of the Contract with the Authority.

1.2 The Implementation Programme shall be achieved in five phases (detailed in sections 2.1 – 2.5), covering each of the Service Provider‟s four areas of operation;

1.2.1 The Core escorts of Scottish Inter Police Force Transfers (Schedule 1 Service Specification Clause 5.10.1) and Inter-Police Force Transfers from out-with Scotland (Schedule 1 Service Specification Clause 5.10.3) will be deferred until commencement of Phase 4.

1.2.2 Phase 1 of the Implementation Programme including all Core escorts (as detailed within Schedule 1 Service Specification Clause 5.2.1), between the relevant Premises within Area 1, Glasgow & District (see Table 2.1), shall commence on 5 April 2004.

1.2.3 Phase 2 of the Implementation Programme, including all Core escorts between the relevant Premises within Area 2 – West Scotland (see Table 2.2), shall commence on 24 May 2004. Phase 2 shall also incorporate all escorts between relevant Premises within Phase 1 to and from all Premises within Phase 2.

1.2.4 Phase 3 of the Implementation Programme, including all Core escorts between the relevant Premises within Area 3 – East Scotland (see Table 2.3), shall commence 12 July 2004. Phase 3 shall also incorporate all escorts between relevant Premises within Phase 1 and Phase 2 to and from all Premises in Phase 3.

1.2.5 Phase 4 of the Implementation Programme, including all Non-Core escorts (as detailed within Schedule 1 Service Specification Clause 5.12.2) and Police Force Transfers from the relevant premises within Phase 1 and Phase 2 (Glasgow & District and West of Scotland), shall commence on 23 August 2004.

1.2.6 Phase 5 of the Implementation Programme, including all Core and Non-Core escorts between the relevant premises within Area 4 – North Scotland (see Table 2.5) shall commence 11 October 2004. Commencement of Phase 5 shall see the Service Provider achieve Go Live Date within the terms of the Contract.

1.2.7 Hospitals listed within this Schedule include those detailed in Section 5 of Schedule 5 i.e. Psychiatric Hospitals that are routinely used to detain Prisoners subject to a Hospital Order under the Criminal Procedure (Scotland) Act 1995 or subject to detention under the Mental Health (Scotland) Act 1984. Additionally this schedule details those National Health Service facilities that are occasionally used to detain Prisoners under the above legislation.

1.2.8 The phased Implementation Programme is summarised in the table below.

Implementation Programme – arrangements for phasing in the service.

Phase Area Specified start date

1 Glasgow and District 5 April 2004

2 West Scotland 24 May 2004

3 East Scotland 12 July 2004

4 As areas 1 and 2 above 23 August 2004

5 North Scotland 11 October 2004

2. IMPLEMENTATION PROGRAMME

2.1 Phase 1: Area 1- Glasgow and District

Commencement 5 April 2004 End phase date 23 May 2004 Date Police Custody Strathclyde Police: A Division Units C Division E Division G Division K Division N Division Q Division Courts Glasgow High Court, Glasgow Sheriff Court & Glasgow District Court. Hamilton Sheriff Court & Hamilton District Court. Motherwell District Court Lanark Sheriff Court & Lanark District Court. Airdrie Sheriff Court. Coatbridge District Court Greenock Sheriff Court & Greenock District Court. Paisley Sheriff Court & Paisley District Court. Giffnock District Court. Cumbernauld District Court. Kirkintilloch District Court. Milngavie District Court. Rutherglen District Court. East Kilbride District Court. Prisons Barlinnie. Cornton Vale. Low Moss. Greenock. Shotts. Hospitals Dykebar, Paisley. Royal Alexandra, Paisley. Hartwoodhill, Shotts. Hartwood, Shotts. Inverclyde Royal, Greenock. Ravenscraig, Greenock. Leverndale, Glasgow. . Hairmyres, East Kilbride. Kirklands, Bothwell. Parkhead, Glasgow. Gartnavel Royal & Gartnavel General, Glasgow. Birkwood, Lesmahhagow. Mackinnon House (ex Woodilee, Glasgow). Southern General, Glasgow. Merchiston, Johnstone. Stobhill, Glasgow. Wishaw General. The State Hospital, Carstairs. Coathill, Whifflet, Coatbridge. Airbles Road, Motherell. Cleland. The Orchards, Glasgow. Victoria Infirmary, Glasgow. Udston, Burnbank, Hamilton. Monklands, Coatbridge.

2.1.1 All Prisoners escorted by the Authority‟s staff, to a court listed within Phase 1, from Premises outwith Area 1, will transfer to the responsibility of the Service Provider on arrival at the relevant court location. Thereafter the Service Provider will be responsible for the Prisoner‟s security, care and well-being within the court custody unit. The Service Provider will also be responsible for escorting these Prisoners to the relevant places of custody (within or out-with Area 1).

2.2 Phase 2: Area 2 – West of Scotland.

24 May 2004 Commencement End Phase date 11 July 2004 Date Police Custody Strathclyde Police: L Division. Units U Division. Central Scotland Police – All PCU‟s. Dumfries & Galloway Police - All PCU‟s. Courts Alloa Sheriff Court & Alloa District Court. Clydebank District Court. Stirling Sheriff Court & Stirling District Court. Falkirk Sheriff Court & Falkirk District Court. Dumbarton Sheriff Court & Dumbarton District Court. Campbeltown Sheriff Court & Campbeltown District Court. Helensburgh District Court. Dunoon Sheriff Court & Dunoon District Court. Rothsay Sheriff Court. Lochgilphead District Court. Oban Sheriff Court & Oban District Court. Kilmarnock Sheriff Court & Kilmarnock District Court. Irvine District. Cumnock District Court. Ayr Sheriff Court & Ayr District Court. Girvan District Court. Stranraer Sheriff Court & Stranraer District Court. Dumfries Sheriff Court & Dumfries District Court. Kirkcudbright Sheriff Court & Kirkcudbright District Court. Lockerbie District Court. Annan District Court. Prisons Dumfries. Glenochil Kilmarnock. Polmont. Hospitals Bellsdyke, Larbert. Falkirk & District Royal Infirmary. Crighton Royal, Dumfries. St. Michaels Cottage, Dumfries. Ailsa, Ayr. Argyll & Bute, Lochgilphead. Crosshouse, Kilmarnock. Bannockburn,Striling. Clackmannan, Alloa. Craigenhall, Falkirk. Ochilbank, Alva. Royal Scottish National, Larbert. Stirling Royal. Arrol Park, Ayr. Ayrshire Central, Ayr. Strathlea, Kilmarnock. Vale of Leven, Alexandria.

2.2.2 All Prisoners escorted by the Authority‟s staff, to a court within Phase 1 or 2 from Premises outwith Phase 1 or 2, will transfer to the responsibility of the Service Provider on arrival at the relevant court location. Thereafter the Service Provider will be responsible for the Prisoner‟s security, care and well- being within the court custody unit. The Service Provider will also be responsible for escorting these Prisoners to the relevant places of custody (within or out-with areas 1 or 2).

2.3 Phase 3: Area 3 – East of Scotland

End Phase date Commencement 12th July 2004 22 August 2004 Date Police Custody Lothian & Borders Police - All PCU‟s. Units Fife Police - All PCU‟s. Tayside Police - All PCU‟s. Courts Arbroath Sheriff Court & Arbroath District Court. Dundee Sheriff Court & Dundee District Court. Perth Sheriff Court & Perth District Court, Dunfermline Sheriff & Dunfermline District. Kirkcaldy Sheriff Court & Kirkcaldy District Court. Cupar Sheriff Court & Cupar District Court. Forfar Sheriff & Forfar District Court. Brechin District Court. High Court & Court of Appeal, Edinburgh . Edinburgh Sheriff Court & Edinburgh District Court. Linlithgow Sheriff Court & Linlithgow Sheriff Court (Livingston Annexe). Livingston District Court. Jedburgh Sheriff Court & Jedburgh District Court. Haddington Sheriff Court & Haddington District Court. Penicuick District Court. Duns Sheriff Court & Duns District Court. Selkirk Sheriff & Selkirk District Court. Peebles Sheriff & Peebles Distict Court. Prisons Castle Huntly. Edinburgh. Noranside. Perth. Hospitals Stratheden, Cupar. Hermandflat, Haddington. Huntlyburn House, Melrose. Rosslynlee, Roslin, Midlothian. Orchard Clinic @ Royal Edin. Hospital. St. Johns, Livingston. Wiliam Fraser, Morningside, Edinburgh. Murray Royal, Perth. Royal Dundee (Liff), Dundee. Strathmartine, Dundee. Sunnyside, Montrose. Lynebank, Dunfermline. Queen Margaret, Dunfermline. Whyteman‟s Brae, Kirkcaldy. Dingleton, Melrose. Royal Infirmary, Edinburgh. Royal Victoria, Edinburgh. Ninewells, Dundee.

2.3.1 All Prisoners escorted by the Authority‟s staff, to a court within Phase 1, 2 or 3 from Premises outwith Phases 1,2 or 3, will transfer to the responsibility of the Service Provider on arrival at the relevant court location. Thereafter the Service Provider will be responsible for the Prisoner‟s security, care and well- being within the court custody unit. The Service Provider will also be responsible for escorting these Prisoners to the relevant places of custody (within or out-with area 1, 2 or 3).

2.4 Phase 4: Areas 1 & 2. Non-Core Escorts & Inter Police Transfers.

Commencement 23 August 2004 End Phase date 10 October 2004 Date Police Strathclyde Police: A Division. C Division. E Division. G Division. K Division. N Division. Q Division. L Division. U Division. Central Scotland Police – All PCU‟s. Dumfries & Galloway – All PCU‟s.

Prisons Barlinnie. Cornton Vale. Low Moss. Greenock. Shotts. Kilmarnock. Dumfries. Glenochil. Polmont.

2.5 Phase 5: Area 4 – North of Scotland (Core & Non-Core) Area 3 – Residual Core & Non-Core.

Commencement 11 October 2004 (Go-Live date – Service Provider assumes responsibility for all Date Prisoner escort and court custody duties in terms of the Contract.) Police Custody Grampian Police - All PCU‟s. Units Northern Constabulary - All PCU‟s. Courts Aberdeen Sheriff Court & Aberdeen District Court. Stonehaven Sheriff Court & Stonehaven District Court. Inverurie District Court. Peterhead Sheriff Court & Peterhead District Court. Banff Sheriff Court & Banff District Court. Nairn District Court. Kingussie District Court. Lochmaddy Sheriff Court, North Uist. Portree Sheriff Court & Portree District Court, Skye. Dingwall Sheriff Court & Dingwall District Court. Elgin Sheriff Court & Elgin District Court. Dornoch Sheriff Court & Dornoch District Court. Fort William Sheriff & Fort William District Court. Inverness Sheriff & Inverness District Court. Kirkwall Sheriff Court, Orkney. Lerwick Sheriff Court, Shetland. Tain Sheriff Court & Tain District Court. Wick Sheriff Court & Wick District Court. Stornoway Sheriff Court & Stornoway District Court, Lewis. Prisons Aberdeen. Inverness. Peterhead. Castle Huntly. Edinburgh. Noranside. Perth. Hospitals Ladysbridge, Banff. Royal Cornhill, Aberdeen. Woodlands, Aberdeen. New Craigs, Inverness. Aberdeen City. Aberdeen Royal(Grampian University Hospital) Dr. Grays, Elgin. Woodend, Aberdeen. Gilbert Bain, Lerwick, Shetland. Western Isles, Stornoway, Lewis.

2.5.1 The Core task of managing police transfer escorts (Schedule 1 Service Specification Clauses 5.10.1 & 5.10.3) from PCUs listed within area 3, will transfer to the Service Provider at the commencement of Phase 5.

2.5.2 From the commencement of Phase 5 the Service Provider will be responsible for all Prisoner escort and court custody services within the terms of the Service Specification and the Contract with the Authority.

LIQUIDATED DAMAGES CONSEQUENT ON LATE IMPLEMENTATION

3.1 General Points

3.1.1 The Service Provider‟s adherence to the Implementation Programme detailed within Clause 2 of this Schedule is fundamental to the Contract achieving its stated objectives of returning police officers and prison staff to core duties.

3.1.2 Failure of the Service Provider to provide the services required by the dates specified in the Implementation Programme shall therefore result in the Authority incurring additional costs, as a consequence of having to continue to provide the Prisoner escort and court custody services.

3.1.3 To incentivise the Service Provider to achieve the Implementation Programme and to protect the Authority from late implementation of the Contract or slippage during any of the Implementation Phases, the Authority shall be entitled to receive Liquidated Damages. These shall reflect the profile of benefits to the Authority that would be expected at each stage of the Implementation Programme and be commensurate with the costs involved in the Authority continuing to deliver the Prisoner escort and court custody services, should late delivery occur against the Implementation Programme.

3.1.4 Liquidated Damages shall be payable to the Authority should the implementation of any of the five implementation stages commence later than the specified start date (see table at Clause 1.2.8).

3.1.5 The amount of Liquidated Damages payable to the Authority shall be £3,000 for each and every day of delay, should any of the Implementation stages start late. This figure has been set by taking account of a proportion of the total of the Authority‟s resources that would otherwise have been directly released from the tasks being taken over by the Service Provider in each Phase.

End of Document