1. Definitions

In this Agreement the following terms shall have the following meanings:

Bribery Act

the Bribery Act 2020 and any subordinate legislation made under that Act from time to time together with any guidance or codes of practice issued by the relevant government department concerning the legislation

Commencement Date

shall be the date set out in the Grant Confirmation Letter or, where no date is given, the last date the Grant Confirmation Letter was signed

Council

North Devon District Council of Lynton House, Commercial Road, Barnstaple, Devon EX31 1DG

Data Protection Legislation

all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended

Governing Body

the governing body of the Recipient including its directors or trustees

Grant

such sums as are set out in each Grant Confirmation Letter to be paid to the Recipient in accordance with the terms and conditions of this Agreement.

Grant Confirmation Letter

the letter sent by the Council to the Recipient setting out the Grant in accordance with 3.1

Grant Period

the period for which the Grant is awarded, as set out in the Grant Confirmation Letter

Personal Data

shall have the same meaning as set out in the Data Protection Legislation

Project

the project being carried out by the Recipient and as described in the Grant Confirmation Letter

Prohibited Act

means:

(a) offering, giving or agreeing to give to any servant of the Council any gift or consideration of any kind as an inducement or reward for:

(i) doing or not doing (or for having done or not having done) any act in relation to the obtaining or performance of this Agreement or any other contract with the Council; or

(ii) showing or not showing favour or disfavour to any person in relation to this Agreement or any other contract with the Council

(b) entering into this Agreement or any other contract with the Council where a commission has been paid or has been agreed to be paid by the Recipient or on its behalf, or to its knowledge, unless before the relevant contract is entered into particulars of any such commission and of the terms and conditions of any such contract for the payment thereof have been disclosed in writing to the Council

(c) committing any offence

(i) under the Bribery Act

(ii) under legislation creating offences in respect of fraudulent acts; or

(iii) at common law in respect of fraudulent acts in relation to this Agreement or any other contract with the Council; or

(d) defrauding or attempting to defraud or conspiring to defraud the Council

Recipient

means the recipient of the Grant to which the Grant Confirmation Letter is addressed.