Childcare Business Support Services are available to new and existing childcare providers in Cardiff – we work with schools, playgroups, day nurseries, after school and holiday clubs, cylchoedd meithrin, crèches and childminders.
We aim to support existing provision and improve the quality of childcare provided. Services can include assistance with policies and procedures, Care Inspectorate for Wales applications, marketing, staff recruitment, income generation, sustainability and grant-funding applications.
The Childcare Business Support Team, who facilitate the Childcare and Play grant and Childcare Offer Capital Grant is part of Cardiff Council who is the Data Controller for the purposes of the data collected. This privacy policy will explain how our organisation uses the personal data we collect from you when you use our service.
The purpose of collecting this data is for the Cardiff Childcare Business Support team to assess the sufficiency of childcare under the local authorities’ duties set out in the Childcare Act 2006.
We will also keep a record of your details for use in monitoring and reporting to Welsh Government.
What data do we collect?
The Council process personal data on a day-to-day basis. We hold certain information about you this is known as personal data. We are registered with the Information Commissioner’s Office and any information we hold will be processed in line with the principles set out by ICO Regulations, which we must comply with.
We will:
- Continue to strengthen our processes for maintaining the privacy of all personal information we hold.
- Have need for all our employees to comply fully with Data Protection law.
- Only hold the minimum personal information needed to allow us to perform our role as a Council.
- Delete personal information once the need to hold it has passed.
- Access and process all personal information in line with fair processing set out upon collecting information from Individuals.
- Design our systems and processes to comply with data protection principles.
- Take immediate action if we discover that our policies are not being complied with.
- This notice is designed to give you information about the data we hold about you, how we use it, your rights in relation to it and the safeguards that are in place to protect it.
Cardiff Childcare Business Support collects the following data:
- Contact details, including name, workplace address, job title, telephone numbers and email address.
- Where you have provided us with personal data about other individuals, please ensure that those individuals are aware of the information contained within this notice.
How do we collect your data?
Cardiff Childcare Business Support collect data and process data using Microsoft forms or Microsoft word that are sent in via email. The data collected via these forms will be used by Cardiff Childcare Business Support.
How will we use your data?
We may process your personal data to fulfil our obligations, and this can include the processing of your personal data for all or any of the following purposes:
- To contact you.
- For statistical and reference purposes.
- To comply with our legal and regulatory obligations as a Local Authority.
- To comply with Welsh Governments Terms and Conditions under the Childcare and Play grant.
- To address queries from you and to respond to any actual or potential disputes concerning you.
- Assess and process your application for Grant funding.
- Email to contact you for Grant monitoring.
Who do we share your data with?
From time to time we will share your personal data with partner organisations and service providers so that they can help us carry out our duties, rights and discretions in relation to the services we provide. Some of those organisations will simply process your personal data on our behalf and in accordance with our instructions. In each case we will only share data to the extent that we consider the information is reasonably required for these purposes.
Any Personal Information we hold will be disclosed, with reasonable purpose to:
- Our staff – where the information is vital and required for their work.
- The Courts – under the direction of a Court Order.
- Our partners – strictly in line with agreed procedures.
- Others – as detailed in the Council’s Data Protection registration. If you no longer wish to be contacted, please email us at ChildcareBusinessSupport@Cardiff.gov.uk
Under the Digital Economy Act 2017, the Council may share personal data provided to us with other Council’s for the purposes of fraud, crime detection/prevention, to improve public service delivery, statistical research. Cardiff Council has a duty to protect the public fund it manages. Therefore, the information that you have provided to us may be used for the prevention and detection of fraud or shared with Council Officers responsible for auditing or administering public funds.
Where requested or if we consider that it is reasonably required, we may also provide your data to government bodies and dispute resolution and law enforcement organisations, including those listed above, the Pensions Regulator, the Pensions Ombudsman and Her Majesty’s Revenue and Customs (HMRC). They may then use the data to carry out their legal functions.
In some cases these recipients may be outside the UK. This means your personal data may be transferred outside the EEA to a jurisdiction that may not offer an equivalent level of protection as is required by EEA countries. If this occurs, we are obliged to verify that appropriate safeguards are implemented with a view to protecting your data in accordance with applicable laws. Please use the contact details below if you want more information about the safeguards that are currently in place.
How long we keep your personal data?
We will only keep your personal data for as long as we need to in order to fulfil the purpose(s) for which it was collected and for so long afterwards as we consider may be required to deal with any questions or complaints that we may receive, unless we elect to retain your data for a longer period to comply with our legal and regulatory obligations.
Transaction data in relation to childcare grants funding that we administer will be retained for 7 years in line with Financial Regulations.
More details can be found on the Council’s retention schedule
What are your data protection rights?
Cardiff Childcare Business Support would like to make sure you are fully aware of all your data protection rights. Every user is entitled to the following:
- You have a right to access and obtain a copy of the personal data that the Council holds about you and to ask the Authority to correct your personal data if there are any errors or it is out of date. In some circumstances you may also have a right to ask the Council to restrict the processing of your personal data until any errors are corrected, to object to processing or to transfer or (in very limited circumstances) erase your personal data.
- If you wish to exercise any of these rights or have any queries or concerns regarding the processing of your personal data, please contact the Data Protection Officer as indicated below. You also have the right to lodge a complaint in relation to this privacy notice or the Councils processing activities with the Information Commissioner’s Office which you can do through the website below or their telephone helpline.
- You can obtain further information about these rights from the Information Commissioner’s Office or via their telephone helpline 0303 123 1113.
The legal basis for our use of your personal data?
The Council holds personal data about you in its capacity as data controller. This includes the need to process your data to contact you and for statistical and reference purposes. Further information about how we use your personal data is provided below.
- The legal basis for our use of your personal data will generally be one or more of the following:
- We need to process your personal data to satisfy our obligations as the Local Authority as well as report back to Welsh Government on our grant funded training.
- We need to process your personal data to carry out a task in the public interest or in the exercise of official authority in our capacity as a public body; [and/or] because we need to process your personal data to meet our contractual obligations to you processing is necessary in order to protect the vital interested of the data subject or of another natural person.
Updating this notice
We may update this notice periodically. Where we do this, we will inform you of the changes and the date on which the changes take effect.
Please contact the Data Protection Officer for further information.
Data Protection Officer
Information Governance Team
County Hall
Atlantic Wharf
Cardiff
CF10 4UW
Changes to our privacy policy.
- Cardiff Childcare Business Support keeps its privacy policy under regular review.
- This privacy policy was last updated on 10.05.2023
The Cardiff Childcare Business Support team have collated this presentation to support you through the journey of the new curriculum in Wales, this presentation highlights resources available with easy links to follow.
Rates relief extended for childcare providers until 2025
Registered child care premises in Wales will benefit from 100% non-domestic rates relief for an additional three years.
The extension of the rates relief, until 31 March 2025, will provide £9.7m of additional support for registered childcare premises.
The Small Business Rates Relief scheme was enhanced in April 2019 to provide 100% relief to all registered childcare premises in Wales for a three-year period. Designed to help the sector deliver the child care offer of 30 hours of early education and childcare. Rates relief extended for childcare providers until 2025 | GOV.WALES
Changes to National Minimum Standards – 18th May 2023 Key Changes
We have strengthened the requirements for first aid in registered childcare settings and provided clearer information about course content in a supporting annex. The requirements for first aid training will differ depending upon the service you provide. A lead in time of 18 months until the end of November 2024 is provided to enable providers to meet the new qualification requirements.
We have provided clarity within standard 20 of the requirements regarding safeguarding and indicated in the supporting annex the appropriate training for different roles in the sector. A lead in time of 18 months until the end of November 2024 is provided to enable providers to meet the new training requirements.
We have provided guidance setting out the responsibilities and role of registered childminders working with a child minding assistant and the relevant training an assistant must undertake. This includes the requirement for assistants to have successfully completed an appropriate course recognised in the Social Care Wales’s Qualification Framework. A lead in time of 6 months until the end of November 2023 is provided for new and existing assistants to meet this new requirement.
We have amended this standard to allow 20% of staff in full day care settings and 10% of staff in sessional or open access settings who are working towards a qualification to be included in the staff qualification ratios.
We have removed the specific standard relating to the supernumerary staffing requirement in settings registered for more than 20 children. We have strengthened other staffing standards to reinforce management arrangements and to make clear that additional staff and management resources will be required to undertake managerial roles if this impacts on required adult:child ratios.
- Providers must replace any electronic or hard copies they hold of the 2016 edition of the NMS with the updated May 2023 version.
- As a registered childcare and play provider, you must check how the changes impact your business and take the necessary steps to meet the new requirements.
Grants
Childcare Business Support Grant 2025/26
Assistance through the Childcare Business Support Grant can be provided for costs associated with enhancing the Quality of the Provision; New Places (evidence of demand required); and Critical Financial Support/Innovation and Development Business Booster Grant, particularly when it addresses CIW requirements or matters raised in Inspection Reports.
The Childcare and Play Grant (previously the Out of School Childcare Grant) is a Welsh Government programme which is delivered in Cardiff via the Childcare Business Support Service. It contributes to the delivery of a range of Welsh Government priorities and is key to supporting the provision of good quality, affordable and accessible childcare to meet the needs of families in Cardiff.
Who can apply?
Any new or existing sole traders, incorporated public or private sector childcare organisations, that provide and support the development of quality sustainable, CIW registered childcare.
In order to comply with the grant eligibility criteria, the organisation must:
Be operating in accordance with its legal governing document
- Be able to demonstrate their need for financial assistance
- Have a strategy in place for continued sustainability
- Provide written evidence of demand for the service requiring funding from Parental/Carer Surveys and Questionnaires.
Applications will be assessed on an individual basis, taking into consideration legal compliance, current and projected financial position of the applicant organisation and proof that there is sufficient demand for the service requesting funding.
Grant funding for all successful applications will only be released when the setting is fully operational.
All CIW and Dewis records must be up to date at the time of the application.
What can be funded?
Applications are invited for funding under the following categories:
New or extended Out of School Childcare Places.
Applications for funding can include set-up costs (excluding staffing but including one-off upfront payments relating to rent or insurance costs) the setting must be able to demonstrate that there is a demand for further childcare places in their area, and that the new service will not displace or dilute existing childcare provision. Assistance is available to undertake parental surveys.
In the twelve months following receipt of the Childcare and Play Grant, we will return to the setting/provision, to request details:
- How many places were filled following receipt of the grant?
- How many parents did the grant assist?
- Of the parents helped, how many were working 16 hours per week or more
Improving Provision
Assistance can be provided for costs associated with enhancing the quality of provision, particularly when it addresses CIW requirements or matters raised in Inspection Reports (please submit last CIW Report date with your application) to make them suitable for childcare on a continuing basis. In exceptional circumstances Improving Provision funding may be available to address issues identified via routes other than by CIW, Implementation of the New Curriculum on a case-by-case basis.
Critical Financial Support/Innovation and Development Business Booster Support
Established childcare providers who are facing short term issues maintaining viability can apply for One-Off funding to assist the ongoing delivery of high-quality childcare. To access the support settings will be required to complete a Business Health Check to enable us to assess the on-going viability of the business moving forward. We would expect a proportion of the funding to be utilised for marketing, advertising and promotion. In exceptional cases, funding may be applied for to address unexpected costs, providing these are non-repeating. Providers must demonstrate how they are progressively working towards viability in the longer term. We will require actual Operating Budget/Cash Flow figures for the relevant period.
Additional contact from the Childcare Business Support Team will be required to discuss an Action Plan, which will need to clearly demonstrate strong evidence of how the setting will become and remain viable. All financial information supplied must relate to Financial Year from April 2025– March 2026 together with child attendance and predicted numbers for the financial year. E.g. enquiries for September 2025)
How much can we apply for?
The amount of the grant will depend on individual circumstances but the total any organisation can apply for during the same financial year for, Improving Provision and Critical/Innovation will be up to a maximum of £2000.
As a guide for applicants, we expect the number of created/sustained places being supported by the funding to reflect the amount applied for. We will fund at a rate of £100 per childcare place for Childminders and £200 for a Non- Domestic Setting, up to a maximum amount of £1,000 for Childminder and £2,000 per Non-Domestic Setting.
All funding must be spent by 31st March 2026.
Please ensure that your application is completed in full before it is submitted as incomplete applications will be rejected.
How are applications assessed?
Applications will be scored against set criteria based on the information and supplementary evidence provided.
Continued priority will be given to supporting those to allow them to implement the necessary measures to enable the provision to remain open and those who address the needs of working parents and accommodate children who are vulnerable or with additional needs.
How will the grant be monitored?
In order to ensure that the grant has been used for its intended purpose and to assess the impact it has had on an organisation’s work, a monitoring process will take place at the end of the financial year or earlier if the funding has been fully utilised. Interim monitoring will also take place, depending on the nature of the funding.
In most circumstances a Childcare Business Support Officer will be in regular contact with the organisations that they fund via the telephone, email or meetings.
Successful recipients will also be asked to complete an evaluation form of the funding application process as a means of enabling us to ensure that the service is delivered in the most efficient manner.
When will we hear if we have been successful?
Applicants will be notified within one month of submitting their full application whether or not they have been successful.
If your application is declined, you are able to re-submit a revised application within the same financial year. However, you would need to demonstrate what changes have been made in order to strengthen your case for funding.
Additional Links:
Link to Welsh Government Protective measures in childcare settings: Keep Childcare Safe
National Minimum Standards for Regulated Childcare
If at any stage you wish to withdraw your application, please notify the Childcare Business Support Team on 029 20351714.
The approval and payment by the Council of Grant or financial support to an organisation will be subject to the following terms and conditions together with variations or such other special conditions as the Council may specify in writing at the time of approval.
Definitions
Within the Terms and Conditions the following words shall have the following meanings:
Agreement shall mean those documents referred to in clause 4.
Grant the sum or sums stated in the offer letter.
Grantee the organisation or body named in the offer letter.
Council The County Council of the City and County of Cardiff.
Project a programme of actions, research, development, or other activities set out in the application or specification.
General
1 The Grantee shall accept all these terms and conditions in writing before any Grant shall be paid and in default or delay of acceptance by the Grantee of any
Grant or any part of the Grant these terms shall be deemed accepted.
2 Any Council Grant awarded shall be used only for the purposes approved in the Council letter making the offer of Grant. Where no purposes are specified in that letter the approved purposes shall be those specified by the Grantee in the application form and/or Grant specification and any agreed supplement attached. Those approved purposes may however be modified by agreement in writing between the Council and the Grantee. The default position shall always be those purposes specified in the application form, Grant specification and any agreed supplement. In those cases where the Council deems a grant agreement is desirable the release of Grant may be conditional upon the Grantee signing an agreement.
3 Any Grant is made in reliance of the information given in the application form and/or Grant specification and any supplementary information given by the Grantee and any misrepresentation, including concealment or withholding of relevant information by the Grantee shall constitute at the Council’s discretion a failure to comply with these terms and conditions.
4 The application form, Grant specification and any agreed supplemental information together with any offer letter, acceptance form and this Grant agreement (if required) shall form the entire basis for the Grant and no oral representations made by the Grantee or Council shall be deemed incorporated as a term or condition of the offer or acceptance of the Grant or any part of it.
5 The award of a Grant in one financial year (1 April to 31 March) shall not be deemed to imply any guarantee that a Grant will be awarded for the following year unless the terms of the formal offer so specify. The Council shall not be liable for any commitments made by the Grantee in anticipation of a Grant not subsequently awarded.
6 The Council may indicate it is minded to award a Grant of up to three years duration. Such a Grant will be subject to the provisions of paragraph 5 above, and continuation of the grant in years two and three shall be at the Council’s discretion and subject to performance monitoring, financial monitoring and budget availability.
7 Where a Grant is payable by instalments, payment of any instalment or instalments or part thereof may be withheld if the Grantee fails to satisfy the Council that it has been applied or will be applied in future solely for the approved purposes or if the Council consider that any of the other terms or conditions of the Grant are not being fulfilled or in the circumstances specified in paragraph 44 below.
8 No part of the Grant shall be used for party political purposes, and no aspect of the Grant aided activities shall be party political in intention, use or presentation.
9 If prior to any Grant approval being issued, there is any change to any information provided to the Council during the application process, the Grantee shall notify the Council immediately.
10 Grant approval will not normally be given retrospectively for projects already underway, work completed, or equipment purchased prior to the date of application. Only in extraordinary circumstances will such an application be considered. The Grantee shall repay any Grant applied retrospectively without the Council’s knowledge or consent.
11 As a matter of good practice the Grantee shall use its best endeavours to obtain financial support from a variety of sources and shall endeavour not to rely solely on the Council for funding.
12 The grantee should be efficient in its management of resources. Where a grantee is in receipt of recurrent funding from the Council it is expected that the grantee will be able to demonstrate the delivery of operational efficiencies over a period of time.
13 In its publicity material, the Grantee shall acknowledge the financial contribution made to its activities by the Council except that the Grantee shall not use the Council’s copyright logo on any publicity material or documents unless specific prior consent to its use in each setting has been obtained from the Council.
14 In the spirit of co-operation and partnership working the Grantee agrees, in the first instance, to afford the Council an opportunity to respond to any criticism or concerns it has. The Council will also adhere to this principle and discuss any concerns it has with the grantee in the first instance.
15 In exceptional circumstances where concerns of a financial nature arise, the Grantee shall give the Council access to all books, accounts and vouchers, including Bank statements, return cheques and cheque stubs within 10 working days of any request or as soon as possible after the request. By accepting the Grant or any part of it the Grantee gives authority to the Council to approach the Grantee’s Bank or Accountant and gives that Bank or Accountant unconditional consent to provide to the Council any information regarding any transactions made by the Grantee in relation to the Grant funds. The Grantee consents to the Council providing a copy of the application form, Grant specification, offer letter, acceptance form and these terms and conditions to that Bank or Accountant to confirm the position.
Taxation
16 The Grantee shall bear its own liability for any taxation or duty chargeable in the United Kingdom in respect of its participation in the Agreement and undertakes to indemnify the Council in respect of any such taxation assessed on and paid by the Council for which the Grantee is primarily liable.
17 Value Added Tax (V.A.T.) will only be Grant aided when the Grantee is not registered for V.A.T. purposes or where it can prove that it cannot recover all or part of the V.A.T from H.M. Customs and Excise.
Proper Conduct
18 a) The Grantee shall at all times comply with all relevant legislation and with its statutory and legal obligations (e.g. any lease/tenancy agreement, planning permissions, employment, equal opportunities, taxation, insurance, health and safety, data protection, licensing laws and regulations etc) which may affect its activities and in all respects shall not deliberately or negligently commit acts or omissions that result in misapplication or waste of Grant funding.
b) The Grantee in submitting its grant application form is deemed to have considered if the award of the grant would raise any possible State Aid implications (in terms of the totality of funding that the Grantee may have received from any public body over the previous 3 years) and if any such potential issues are identified it will expressly raise the same with the Council in its application for the grant. Further, the Grantee will provide the Council with such information as it may reasonably be required to enable the Council to undertake an assessment of the Project to consider if it complies with the State Aid Rules, though any such assessment carried out by the Council shall not alleviate the Grantee of any of its obligations under this Agreement, including and without limitation, it obligations to repay the grant under clause 52. It is the Grantee’s responsibility to ensure that in entering into this Agreement that the amount of grant, intended purpose of grant, actual application or use of grant and other relevant matters pertaining to the grant do not breach any conditions of a relevant State Aid exemption or authorisation pursuant to which the grant may be given or would otherwise cause the grant amount to unlawful State Aid. The Council takes no responsibility for any statements or information it may give to the Grantee in relation to the applicability or otherwise of State Aid and no inference should be drawn from the decision to make the grant or its implementation (including the entry into this Agreement) that the Council is satisfied that the grant would not amount to State Aid. For further advice on State Aid Rules, please visit www.gov.uk/government/publications/state-aid-the-basics
19 Where the Grantees activities involve working with children and young persons the Grantee shall ensure that those persons it arranges to contact or work with them have been thoroughly checked as suitable, to include Disclosure and Barring (DBS) checks as appropriate.
20 The Children Act 2004 guidance for Wales requires local authorities and their partners to have regard to the duties and principles enshrined in the United Nations Convention on the Rights of a Child (UNCRC). The Council expects that a grantee, funded in support of relevant activities, adheres to the same duties and principles.
Health and Safety
21 The Grantee shall be responsible for the health and safety of its own employees and sub-contractors whilst implementing the Project and shall ensure that they receive appropriate instruction in safety procedures and are provided with all safety equipment required by law or which is generally accepted best practice from time to time.
22 The Grantee shall be responsible for the safety, proper functioning, fitness for purpose and compliance with all legal requirements of all tools and equipment provided by it for the purposes of performing the Project and for the avoidance of doubt this responsibility shall extend to ensuring the safety, proper functioning and fitness for purpose of the tools and equipment in the hands of the employees or sub-contractors of any other party or any other parties, including without limitation, any person who may make proper use of them or may be exposed to them.
23 The Grantee shall be responsible for the stability, safety and fitness of any premises owned and/or occupied by it and upon which the Project is or may be performed.
24 In the event of:
(A) a successful claim being brought against the Council howsoever arising whether in respect of negligence, nuisance, breach of statutory duty, or any other tort or in respect of any other legal right or remedy, howsoever arising out of the Agreement, or
(B) a successful prosecution against the Council or its employees in respect of any failure to comply with any legal requirement to be complied with as a result of this Agreement then as between the Council and the Grantee all liabilities, costs, claims, demands, expenses, fines and other penalties (including legal fees and expenses) arising therefrom or in any way relating thereto shall be borne by the Grantee to the extent of its responsibility therefor, determined in accordance with clause 21 and the provisions of this agreement generally, and the Grantee shall indemnify and keep indemnified and account to the Council accordingly.
25 The provisions of clauses 21 – 23 shall survive the termination of the grant funded arrangements.
Equipment
26 Where the Grant or any part thereof is used by the Grantee to purchase or acquire any interest in any asset (including land and buildings, vehicles, furniture or equipment), and the asset or the interest therein is subsequently disposed of or ceases to be used for the approved purpose for which it was obtained, the Grantee shall if the Council then so demands repay to the Council the full market value of the asset as at the date of disposal or cessation of approved use, or such lesser sum as the Council in its absolute discretion may deem to be a fair proportion of the market value.
Private Profit
27 Under no circumstances shall the Grantee apply Grant funding directly or indirectly to the profit of any private individual, company or body of persons without the prior knowledge of or consent of the Council.
Insurance
28 The Grantee is responsible for insuring against any risks that may arise in connection with any property of the Grantee or any activity undertaken by the Grantee that is Grant-aided in whole or part by the Council. This includes any loss or personal injury to Grant aided staff or volunteers undertaking those activities. The Council reserves the right to require the Grantee to submit for inspection any relevant documents relating to insurance policies. The Council shall not be under any circumstances liable for any contingency involving property or activities for which it has provided Grant in whole or in part. Responsibility for any such contingencies lies entirely with the Grantee who shall arrange cover for all eventualities by satisfactory insurance policies. The Grantee indemnifies the Council against all costs and claims in that regard.
Employment
29 Under no circumstances shall the Grantee by act or omission cause any employee or volunteer of the Grantee to believe that an employment relationship is created or exists between that employee or volunteer and the Council.
30 Where the Grant is used or any part of it is used to employ paid staff the following criteria apply:
• The Grantee shall operate an Equal Opportunities Policy and a recruitment procedure in accordance with that submitted to and approved by the Council as part of the application for Grant.
• The Grantee shall ensure that such appointments are made on such pay and conditions as have been notified to and approved by the Council during the application for Grant.
• The Grantee shall ensure that there is a job description and person specification for all Grant aided posts and the appointee has a contract of employment. The Grantee agrees that a Council Officer may attend any
interviews for such posts in an advisory capacity.
31 The Grantee shall at all times comply with all relevant legislation relating to employment, labour relations and health and safety at work. A Grantee with employees shall maintain Employers’ Liability Insurance.
32 When the Grantee is a voluntary organisation, they shall not employ as a paid member of its staff any member of its Management Committee. If a member of its Management Committee is appointed to a post within the voluntary organisation, he/she must resign from the Management Committee before commencing such employment. Management Committee members who have a close friend or relative employed by the Grantee must declare the relationship in writing to other members of the Committee. Where appropriate Council Officers may attend Management Committee meetings in an advisory capacity only.
Change of Personnel or Location
33 Where the application form and Grant specification indicate that a particular member or team of the Grantees personnel will manage or undertake the Grant aided assistance from a particular location the Grantee shall not change that member or team or location without the consent of the Council but such consent shall not be unreasonably withheld.
Accounts
34 The Grantee shall keep up-to-date accounts for inspection by the Council at any time. The accounts should be drawn-up in accordance with recommended best practice. The financial year 1st April – 31st March should be used wherever possible, unless the nature of the Grantee’s activities prevent this.
35 The Council requires all Grantees in receipt of Grant to provide annual accounts prepared in accordance with the recommended best practice.
36 All accounts shall clearly identify all Council Grants and any other Grants received during that financial year.
37 The accounts shall be prepared in such form that the Council can identify the purpose for which Grant has been applied by the Grantee.
Monitoring Progress and Data processing
38 The Grantee shall comply with the monitoring arrangements as set out within the offer letter.
39 The Grantee shall, on request, report in writing to the Council on the implementation and progress of the purposes for which the Grant has been awarded. The Grantee shall, without charge, permit any officer or officers of the Council at any reasonable time to visit its premises and/or to inspect any of its activities and/or to examine and take copies of the Grantee’s books of account and such other documents or records as in such officers’ view may relate in any way to the use of Grant by the Grantee. This condition is without prejudice and subject to any other statutory rights and powers exercisable by the Council or any officer, servant or agent thereof.
40 The Grantee shall provide the Council with such other information as to its activities or proposed activities, and as to its use or proposed use of all or any part of the Council Grant as the Council may from time to time require. The Council shall be entitled to use this and all information supplied to it by the Grantee relating to the Grant as it deems fit.
41 Part or all of the information provided on the application form will be held on computer and the Grantee consents to the processing of any personal information under the Data Protections Act on the understanding that the data will remain confidential to the Grantee and relevant Council Officers and Members save that where the law permits disclosure of data the Council may do so. This information will be used for the administration of Grant applications and for statistical analysis. Details of all successful Grant applications will be published in an annual report to Council.
Freedom of Information
42 The Council may disclose information if the law permits or the Council has a duty to do so. Information received is not subject to a duty of confidentiality within the meaning of Section 41 of the Freedom of Information Act and requests for disclosure under that Act will be handled in accordance with the Code of Practice under Section 45 of the Freedom of Information Act having due regard for the data protection principles in the Data Protection Act 1998 in respect of personal data.
Welsh Language Act
43 During the Term of the Agreement the Grantee shall comply with the requirements of:
43.1.1 the Authority’s Welsh Language Scheme; and
43.1. 2 the Welsh Language (Wales) Measure 2011 (“the Measure”) as and when the provisions of the Measure come into force and insofar as it relates to the provision of the Grant.
Financial Controls
44 The Grantee shall ensure that adequate financial controls e.g. ensuring segregation of duties, the maintenance of proper books and records, bank accounts requiring two signatures and the retention of supporting
documentation for audit purposes exist at all times.
45 If the Grant is not spent for the approved purposes during the financial year to which it relates, the unspent amount may be recovered by the Council during or at the end of that financial year and/or may be taken into account in determining the amount of Grant to be paid in the following financial year.
46 The Grantee shall not assign any part of the Grant to a third party without the prior written consent of the Council.
47 The Grantee shall notify the Council as soon as it becomes apparent that an underspending of Grant is likely to arise. The Council may at its discretion approve in writing the use of the unspent amount for other beneficial approved purposes. Such approval is especially likely to be given where the Grantee is to achieve the underspending by improved effectiveness or efficiency in its management of resources, but approval is not likely to be given where the underspending arises from the delayed start of an approved activity.
48 The Grantee shall not (and shall ensure that all members of its organisation do not) represent the Grantee in such a way, say or do anything that might lead persons to believe that the Grantee is an agent of the Council or that the Council is responsible for any liability of the Grantee. Nothing in the terms and conditions of Grant shall impose any liability on the Council in respect of any liability incurred by the Grantee to any other person or entity.
49 The Council and its officers or agents shall not at any time be liable to any person in relation to any matter arising in connection with the development, planning, construction, operation, management and/or administration of the Grant-aided Project and in particular, but without limitation, shall not be liable to the Grantee for any loss or damage arising directly or indirectly as a result of the compliance with the terms and conditions of the Grant including any losses or costs arising from a failure to make Grant payments on any agreed date.
50 If the Grantee is wound up or goes into liquidation (including being subject to an administration order); receivership; bankruptcy; enters into any compromise or other arrangement of its debts with its creditors; or is likely, in the view of the Council, to become unable to pay any of its debts then on the occurrence of any of those events the Council shall be entitled to recover forthwith from the Grantee the Grant paid and no further monies shall be due or payable by the Council to the Grantee or to anyone acting for or on its behalf or in its name.
Any references to the amount of Grant paid or to be paid to the Grantee shall be deemed to mean and to be limited to the amount of money actually paid to the Grantee by the Council at the time that any of the events referred to above occurs.
Acceptance and Repayment of Grant
51 Any offer of Grant is open for acceptance within 30 days of the date thereon unless otherwise stated. No part of the Grant will be paid by the Council until written acceptance is received. If no acceptance has been received within that time the offer shall be deemed withdrawn but may be re-offered at the discretion of the Council.
52 The Council may, at its discretion, amend cancel or suspend any Grant approval or require the repayment of any Grant already paid, either in whole or
in part where:-
(I) there has been a material breach of any of these standard Terms and Conditions and/or any special conditions attached to the Grant.
(II) the Grantee ceases to exist.
(III) the Council has been induced to issue the Grant approval as a result of any incorrect or false information provided by the Grantee.
(IV) the Grantee has failed to notify the Council of any material change to information previously provided by it, the Grantee or any of its officers servants or agents has acted dishonestly or negligently to the detriment of the project for which Grant aid has been given.
(V) the Grantee changes or removes its managers or personnel responsible for the Grant aided assistance or changes its location from those disclosed in the application form and Grant specification without the
consent of the Council
(VI) the Grantee or any of its officers servants or agents has acted dishonestly or negligently to the detriment of the project for which Grant aid has been given.
(VII) the Grantee compounds or makes arrangements with its creditors goes into liquidation (voluntarily or otherwise) other than for the purpose of a bona fide reconstruction or a receiver or manager is appointed in respect of the whole or any part of its business or if any analogous event occurs.
(VIII)the repayment of any part of the grant is required under European Law (whether under State Aid Rules or otherwise)