Legal Team
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Diamond is committed to ensuring that it adheres to the strictest financial, legal and ethical behaviours and standards and expects the same of those contracting with Diamond.
The purpose of this policy is to ensure that appropriate due diligence is carried out on the collaborators and suppliers that Diamond contracts with and to ensure that such contracts are with individuals and organisations that are reputable and are able to comply with the standards expected by Diamond.
This policy applies to all persons working for Diamond or on our behalf in any capacity, including Diamond Employees, joint appointees, seconded workers, collaborators, members of our advisory groups/committees, members of our review panels, students, volunteers, interns, agents, contractors (specifically including suppliers and casual and agency staff), external consultants and third-party representatives (“you”). For the avoidance of doubt, this policy only applies to you insofar as you may be working for or on behalf of Diamond.
This policy does not form part of any Diamond Employee’s contract of employment and may be subject to change at the discretion of Diamond.
Diamond’s Directors have overall responsibility for this policy. Any queries or suggestions relating to this policy should be sent to [email protected].
Due diligence refers to the care a reasonable person should take before entering into a contract with another party. The purpose of conducting due diligence is to collect a range of information about that party, including legal status, financial position, financial management and the standing and reputation of the individual or organisation.
Information gained from conducting due diligence prior to entering into a new contract allows Diamond to better understand the specific associated risks.
For new contracts with collaborators or suppliers, due diligence should be undertaken in advance of contracting with parties who Diamond has not contracted with in the preceding five years.
For existing contracts, due diligence should be undertaken when there is a material change in relation to a party that Diamond has contracted with which may have an impact on that party’s legal status, financial position, financial management or the standing or reputation of that organisation.
Due diligence may also be carried out on a periodic basis (with the frequency determined by risk-based review), in order to allow Diamond to determine whether to continue with or to renew the contract as the case may be.
The extent of due diligence required will depend on a variety of factors, including the nature and value of the contract, the parties involved, where the parties are based, the anticipated role and responsibilities of the parties and the possible impact of the contract on the standing or reputation of the parties.
A shortened due diligence process may be undertaken when the value of the contract is less than £5,000.00; or when contracting with individuals or organisations in the European Union, European Economic Area or countries scoring 50 or higher in the annual Transparency International Corruption Perceptions Index; or, with Diamond Director approval, and taking into account the surrounding circumstances, where it would create an unreasonable burden on Diamond or the third party to be required to follow the full due diligence process.
In all other circumstances, a full due diligence process should be undertaken.
In accordance with this policy and the Contract Due Diligence Guidelines, the Head of Procurement should determine whether the shortened or full due diligence process is appropriate in the case of suppliers and the Diamond Primary Contact should determine whether the shortened or full due diligence process is appropriate in the case of collaborations. These individuals are then also responsible for ensuring that the due diligence checks are carried out.
If there is any doubt as to which process to follow, please contact [email protected]
This policy should be read in conjunction with the following:
(a) Contract Due Diligence Guidelines;
(b) Anti-Corruption and Bribery Policy;
(c) Anti-Slavery and Human Trafficking Policy;
(d) Conflict of Interest Guidelines;
(e) Corporate Hospitality and Gifts Policy;
(f) Fraud Policy,
(g) Gifts and Prizes Policy; and
(h) Whistleblowing Policy.
(Please note that Policies (d)-(h) above are only available on Diamond's intranet. If you need any assistance please contact [email protected]).
Breach of this policy may:
(a) In the case of Diamond Employees, result in disciplinary action up to and including dismissal.
(b) In the case of individuals or organisations that are not Diamond Employees, result in termination of any contract that they may have in place with Diamond and/or termination of their access to Diamond.
This policy will be kept under review and may be revised by Diamond from time-to-time as considered appropriate. It will be the most recently published version of this policy that will apply if any issue arises which needs to be addressed under it.
For the purposes of this policy, the following definitions shall apply:
Diamond: Diamond Light Source Ltd, a company incorporated and registered in England and Wales, with company number 4375679 and with registered office at Diamond House, Harwell Science & Innovation Campus, Didcot, Oxfordshire, OX11 ODE, United Kingdom.
Diamond Employee: Any person working for Diamond under a contract of employment and any Diamond director or office holder.
Diamond Primary Contact: The person at Diamond who has proposed entering into the contract with the third party and/or who is responsible for the management of the contract.
You: All persons working for us or on our behalf in any capacity, including Diamond Employees, joint appointees, seconded workers, collaborators, members of our advisory groups/committees, members of our review panels, students, volunteers, interns, agents, contractors (specifically including suppliers and casual and agency staff), external consultants and third-party representatives.
Click here for a printable version of this Policy.
Diamond Light Source is the UK's national synchrotron science facility, located at the Harwell Science and Innovation Campus in Oxfordshire.
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Harwell Science & Innovation Campus
Didcot
Oxfordshire
OX11 0DE
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