TERMS AND CONDITIONS OF GRANT
THE DEVON HOLIDAY ACTIVITIES AND FOOD (HAF) PROGRAMME
BACKGROUND
A The Funder has received grant funding from the Department of Education (the ‘Fund’) for the purposes of providing free places at holiday clubs in the Easter, Summer and Christmas school holidays in 2025 for Eligible Children.
B The Recipient (whose details are contained in the Application) has applied to the Funder to receive Grant funding to support the provision of free holiday club places for Eligible Children in accordance with both the Specification and the HAF Programme Standards, and as set out in their Application (the ‘Project’).
C Following the Funder’s receipt of the Recipient’s Application for funding, the Funder is satisfied that the Recipient’s proposals meets the purpose of the Fund and as such is making Grant funding available to the Recipient to deliver the Project upon the terms and conditions set out below.
D These terms and conditions are intended to ensure that the Grant is used for the purpose for which it is awarded.
AGREED TERMS
- Definitions and Interpretation
The following definitions and rules of interpretation apply in this agreement.
- Definitions:
‘Application‘ means the ‘Service Specification And Grant Application Form’ for the Devon Holiday Activities and Food (HAF) Programme (Easter, Summer and Christmas 2025 Provision) submitted by the Recipient to the Funder for the Grant
‘Children’ means a child aged:
- 4 years old and in reception; and/or
(ii) between 5 to 16 years old (inclusive)
and “Child” shall be construed accordingly
‘DfE’ means the Department for Education
‘Eligible Children‘ means Children whose placement under the Project has been booked using the EEQU central booking system, and that have:
- Primary Eligibility; and/or
- Secondary Eligibility PROVIDED THAT Children with Primary Eligibility must be given priority for participation in the Project and PROVIDED FURTHER THAT the amount of Grant due in respect of children with Secondary Eligibility must not exceed 15% of the total Grant Amount
‘Eligible Expenditure‘ shall have the meaning given to it at paragraphs 4 – 8 of Annex B in the Fund Determination. In addition, up to 15% of the total Grant Amount may be used to provide free or subsidised places as part of the Project for Children with Secondary Eligibility
‘Fund‘ shall have the meaning given to it in Recital A above
‘Fund Determination‘ means the DfE Section 31 Grant Determination for the Holiday Activities and Food Programme 2025/26: No 31/7645
‘Fund Guidance‘ shall mean the published Guidance for the Holiday activities and food programme as updated by the DfE from time to time and is available to view online at https://www.gov.uk/government/publications/holiday-activities-and-food-programme/holiday-activities-and-food-programme-2025
‘Grant‘ shall have the meaning given to it in clause 2.1
‘Grant Amount‘ shall mean the amount of Grant to be paid to the Funder, and shall be equal to the sum successfully applied for in the Application
‘HAF Programme Standards‘ means those standards as set out in the Fund Guidance set by the DfE (as updated from time to time)
‘Primary Eligibility‘ means Children that are eligible for and receiving benefit related free school meals together with their family. For the avoidance of doubt, children only receiving free school meals pursuant to the DfE Universal Infant Free School Meal initiative would not qualify as having Primary Eligibility unless they are also eligible for benefits-related free school meal
‘Project‘ shall have the meaning given to it in Recital B above
‘Project Evaluation‘ means an evaluation by the Recipient of the Project in the form required by the Funder, to be completed and provided to the Funder. The Funder shall provide an evaluation form for the purposes of conducting the Project Evaluation
‘Secondary Eligibility’ means Children who fall into one or more of the following categories:
- the Child is a young carer
- looked-after Children
- previously looked after Children
- Children with an EHC (education, health and care) plan
‘Specification‘ means the ‘Devon HAF Service Specification’ which is available to view online at https://beta.devon.gov.uk/educationandfamilies/child-family-support/family-support/haf-programme/information-for-providers/devon-haf-service-specification/
1.2 Reference to any statute or statutory provision includes a reference to:
(a) that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated; and
(b) all statutory instruments or orders made pursuant to it.
1.3 Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender include all genders and words denoting persons shall include firms, corporations and vice versa.
1.4 Unless the context otherwise requires reference to any clause, sub-clause or schedule is a reference to a clause, sub-clause or schedule (as the case may be) of or to this Agreement.
1.5 The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
1.6 “Agreement” shall mean this agreement including any schedules, appendices or annexures hereto together with the Application, the Fund Determination, the Fund Guidance, and the Specification.
1.7 An obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.8 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2 The Grant
2.1 Subject always to clause 2.3 and the conditions set out in this Agreement, the Funder shall pay to the Recipient the funding as set out in the Specification (Grant).
2.2 The Recipient shall use the Grant for the purpose only of contributing towards the Project and for no other purpose whatsoever without the prior written agreement of the Funder. The Recipient further undertakes that any part of the Grant which remains unexpended shall be repayable to the Funder on demand.
2.3 The Recipient must ensure that the Project at all times complies with all relevant and necessary statutory requirements, including without limitation, those arising under the Health and Safety at Work etc Act 1974, and any other acts, orders, regulations and codes of practice which may apply to employees and other persons working on, or affected by, the Project and that any and all consents, authorities, permissions, licences and insurances are obtained and maintained throughout the Project.
2.4 The Recipient shall:
2.4.1. comply with all of the requirements, restrictions and conditions of the Fund Determination, in particular (but without limitation) ensuring the Grant is only used for Eligible Expenditure; and
2.4.2. ensure that it does not do anything which may place the Funder in breach of the Funder’s obligations under the Fund Determination; and
2.4.3. have regard to the Fund Guidance insofar as it applies to the Project; and
2.4.4. ensure that it complies with the Specification; and
2.4.4. promptly repay to the Funder any money incorrectly paid to it either as a result of an administrative error or otherwise. This includes (without limitation) situations where either an incorrect sum of money has been paid or where Grant monies have been paid in error before all conditions attaching to the Grant have been complied with by the Recipient;
2.5 Where the Funder suspects that the Recipient may be in breach of any obligation within the Agreement, the Council may, at its sole discretion, withhold any Grant funding which may be due under this Agreement until the Recipient has provided satisfactory evidence to the Funder that there has not been any such breach.
2.6 The Funder’s intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the Funder’s other rights and remedies, the Funder may at its discretion withhold or suspend payment of the Grant and/or require repayment of all or part of the Grant if:
2.6.1. the Recipient uses the Grant for purposes other than those for which it has been awarded; or
2.6.2. the Recipient fails to comply with any of the terms and conditions set out in this Agreement and, if capable of remedy, fails to rectify any such failure within 10 days of receiving written notice detailing the failure including, but not limited to, failing to meet the HAF Programme Standards; or
2.6.3. any information it supplied to the Funder was completed fraudulently, incorrectly or materially misleadingly or the Recipient acts fraudulently or negligently at any time during the implementation of the Project; or
2.6.4. the Recipient ceases to operate for any reason, or it passes a resolution (or any court of competent jurisdiction makes an order) that it be wound up or dissolved other than for the purpose of a bona fide and solvent reconstruction or amalgamation; or
2.6.5. the Recipient becomes insolvent, or it is declared bankrupt, or it is placed into receivership, administration or liquidation, or a petition has been presented for its winding up, or it enters into any arrangement or composition for the benefit of its creditors, or it is unable to pay its debts as they fall due; or
2.6.6. the DfE requires the Funder to repay the Fund under the terms and conditions of the Fund; or
2.6.7. it is found that any item provided by the Recipient in the Application is incorrect.
2.7 The time for payment of the Grant shall not be of the essence. The Funder shall have no liability to the Recipient for any losses caused by a delay in the payment of the Grant howsoever arising.
3 Subsidy Control
3.1 The Funding is awarded on the basis that it is consistent with the UK’s international obligations on subsidy control.
3.2 If the Funding is later found to breach any relevant subsidy control obligations, the Funder shall be entitled to recover from the Recipient the amount of Funding together with such interest as it is required by law to recover and the Recipient must pay such amount within 30 days of the Funder requesting repayment.
4 Records
4.1 The Recipient must make available to the Funder, at such times as it shall reasonably request, such information as the Funder requires enabling it to satisfy itself that the Recipient is using the Grant in accordance with the terms and conditions of this Agreement. In particular the Recipient will maintain a financial audit trail in respect of the Project and make such audit trail available to the Nominated Officer (as defined in clause 10) upon reasonable notice together with all other financial records concerning the Project.
4.2 Paragraphs 36 to 39 of Annex B of the Fund Determination shall apply to this Agreement but treating the Recipient as if they were the ‘Authority’ and treating the Funder as if it were the ‘Secretary of State’.
5 Data Protection
5.1 Both parties will comply with all applicable requirements of and all their obligations which arise in connection with the Agreement under applicable data protection and privacy legislation in force from time to time in the UK including (i) the retained EU law version of the General Data Protection Regulation (Regulation (EU) 2016/679), (ii) the Data Protection Act 2018 and / or (iii) any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK.
6 Monitoring
6.1 The Funder shall monitor the operation of this Agreement and the Recipient shall co-operate with and assist the Funder by:-
- providing it with such information as the Funder may from time to time require in undertaking the monitoring; and
- providing the Funding with information required under section 22 of the Specification through the central booking system; and
- meeting the Funder as required from time to time to discuss any issues relevant to this Agreement; and
- conducting a Project Evaluation; and
- providing that information required under paragraphs 21 to 24 of the Fund Determination and/or paragraphs 25 to 28 of the Fund Determination
7 Publicity
7.1 The Recipient undertakes to co-operate with the Funder with regard to any publicity the Funder wishes to undertake in connection with the Grant or the Project and must ensure that the support of the Funder, in any such publicity is acknowledged and publicised as directed by the Funder.
7.2 Any press releases or publicity issued by the Recipient regarding the Grant must be approved by the Funder.
8 Liability
8.1 The Funder accepts no liability whatsoever for the Project whether before, during or after its completion and the Recipient undertakes to indemnify and keep the Funder indemnified from and against any and all loss, damage, liability (whether criminal or civil) and costs (including legal fees) suffered by the Funder in respect of any matter arising under this Agreement including any breach thereof by the Recipient or in respect of the Project resulting in any successful claim by a third party.
9 Freedom of Information
9.1 The Recipient acknowledges that the Funder is subject to the requirements of the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIRs)
9.2 The Recipient shall:
9.2.1 provide all necessary assistance and cooperation as reasonably requested by the funder to enable the Funder to comply with its obligations under the FOIA and EIRS.
9.2.2 transfer to the Funder all requests for information relating to this Agreement that it receives as soon as practicable and in any event within 2 working days of receipt;
9.2.3 provide the Funder with a copy of all information belonging to the Funder requested in the request for information which is in its possession or control in the form that the Funder requires within 5 working days (or such other period as the Funder may reasonably specify) of the Funder’s request for such information; and
9.2.4 not respond directly to a request for information unless authorised in writing to do so by the Funder.
9.3 The Recipient acknowledges that the Funder may be required under the FOIA and EIRs to disclose information without consulting or obtaining consent from the Recipient. The Funder shall take reasonable steps to notify the Recipient of a request for information (in accordance with the Secretary of State’s Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practicable for it to do so but (notwithstanding any other provision in this Agreement) the Funder shall be responsible for determining in its absolute discretion whether any information is exempt from disclosure in accordance with the FOIA and/or the EIRs.
10 Nominated Officer
10.1 The Funder will identify an officer (Nominated Officer) who will liaise with the Recipient over all aspects of this Agreement.
11 No Partnership or Agency
11.1 This Agreement shall not create any partnership or joint venture between the Funder and the Recipient, nor any relationship or principal and agent, nor authorise any party to make or enter into any commitments for or on behalf of the other party.
12 Assignment
12.1 The Recipient may not assign any or all of its rights under this Agreement without the prior written agreement of the Funder.
13 Counterparts
13.1 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute one agreement.
14 Governing Law
14.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.