- Please note:
- Grantor: funding partner administering the grant
- Organisation: the organisation being awarded the grant
- Funding Partners: Scottish Government, SCVO, Firstport, Corra Foundation, Just Enterprise, Community Enterprise, Social Investment Scotland, Highlands and Islands Enterprise, South of Scotland Enterprise, CEIS, Development Trusts Association Scotland, The National Lottery Community Fund, SCDC, Glasgow and West of Scotland Forum of Housing Associations.
- The grant, if awarded, must only be used for the agreed purposes as detailed in the application and in accordance with the terms and conditions of this agreement.
- If the Organisation’s circumstances change, the Organisation must contact the Adapt & Thrive Team and/or your named contact for the Communities Recovery Fund for advice in the first instance.
- The Organisation must inform the Adapt & Thrive Team and/or your named contact for the Communities Recovery Fund of any significant change to structure, staffing, management, finances or governance arrangements.
- The Organisation must follow protective measures to support the health and wellbeing of all staff, volunteers and other persons you are in contact with relevant to both operations and all premises used for those operations. This includes the use of any necessary personal protective equipment/clothing and adhering to social distancing measures as instructed by the Scottish Government. You must inform the Adapt & Thrive Team and/or your named contact for the Communities Recovery Fund in the event of any issue relating to this that may damage the reputation of the Organisation.
- The Organisation must ensure that all necessary safeguarding policies and procedures are in place to protect staff, representatives and other persons involved in the Organisation. You must inform the Adapt & Thrive Team and/or your named contact for the Communities Recovery Fund in the event of any safeguarding issue that may damage the reputation of the Organisation.
- The Organisation must inform the Adapt & Thrive Team and/or your named contact for the Communities Recovery Fund in the event of the Organisation becoming aware of or suspecting any irregular or fraudulent activity that may have an impact on the Organisation or on the use of the Grant, or any part of it. The Organisation shall immediately notify the Grantor of such activity and provide such other information as the Grantor may reasonably require in relation to the impact on the Organisation and the use of the Grant.
- The Organisation must keep proper and complete financial records of grant expenditure and have suitable financial controls in place. The Community and Third Sector Recovery Programme funding partners reserve the right to review these financial records upon request. You will keep and maintain these financial records for a period of 6 years after the expenditure occurred.
- The eligible costs exclude any Value Added Tax (VAT) reclaimable by the Organisation.
- Information regarding the financial support provided will be published openly on the internet (with the exception of the primary/secondary contact details) and in addition Funding Partners may use/publish information in news releases, case studies, publications and other publicity materials in hard copy and on the internet
- The Organisation’s contact details may be shared with other relevant bodies including Local Authorities, Third Sector Interfaces, local community Organisations where considered appropriate. They may contact you directly to discuss the Organisations submission to the Community and Third Sector Recovery Programme, grant or the end of grant report. You will be contacted prior to your details being shared and permission sought.
- The Organisation shall ensure that all requirements of the Data Protection Laws are fulfilled.
- The Organisation shall ensure that they and anyone acting on their behalf shall comply with the relevant law, for the time being in force in Scotland.
- Funding will be administered by one of the Funding Partners delivering the Community and Third Sector Recovery Programme. In the event that the amount of funding paid to the Organisation exceeds the amount of the expenses reasonably and properly incurred or in the event of a breach of any of the terms of this agreement including:
- The Organisation commits a Default;
- The Grantor considers that any change or departure from the purposes for which the Grant was awarded warrants an alteration in the amount of the Grant;
- The Organisation fails to carry out agreed activity
- In the Grantors’ opinion, the progress on the agreed activity is not satisfactory; or
- In the Grantors’ opinion, the future of the activity and/or Organisation is in jeopardy
then the Grantor may ask for repayment in whole or part of the grant awarded. The Grantor will write to you in the event that any excess funding needs to be repaid and you will be expected to return funds within 2 months of receiving the notice.
- The Organisation will be asked to report on use of the grant. In your report you will be asked to provide information about the activities delivered, the impact of the activity, any challenges faced, and a profile of your actual spend against budget.
- If any asset purchased with the grant is disposed of, permission should be sought and Scottish Ministers shall be entitled to the proceeds of the disposal, or a relevant proportion based on the grant funding used to acquire it. This does not apply to assets valued at less than £1,000.
- This grant may be assessed as a State aid and , if it is, will be awarded under the European Commission’s Temporary Framework for State Aid measures to support the economy in the current COVID-19 outbreak, or as De minimis aid. By accepting this grant the organisation confirms the grant requested, when added to previous awards, will not exceed the relevant thresholds below:
|Sector||Temporary Aid limit||De minimis limit (over last 3 years)|
|Fishing & aquaculture||€120,000||€30,000|
|Agriculture, forestry, horticulture||€100,000||€20,000|
- As this grant is coronavirus-related (i.e. to mitigate the effects of business disruption attributable to coronavirus, and/or for relevant research and development), the Community and Third Sector Recovery Programme must comply with the provisions of the Coronavirus (Scotland) (No. 2) Act 2020 insofar as relating to restrictions on giving grants to businesses connected to tax havens.
- By accepting this grant the organisation confirms that, to the best of your knowledge and belief, the following statements are correct. The organisation undertakes to notify the Adapt & Thrive Team and/or your named contact for the Communities Recovery Fund of any changes which impact in any way on the declaration given in the application:
- My Organisation is not incorporated in a tax haven (as defined below)
- My Organisation is not otherwise resident, for tax purposes, in a tax haven for example through having a place of central management and control in such a jurisdiction
- My Organisation is not a subsidiary (as described below) of another person which is based in a tax haven
- My Organisation does not have a subsidiary based in a tax haven
- My Organisation does not participant in a tax arrangement that results in some or all of its profits being taxed in a tax haven
A “tax haven” means a jurisdiction included in the revised EU list of non-cooperative jurisdictions for tax purposes. At the date of the application, the tax havens are as follows:
|Cayman Islands||Palau||Trinidad and Tobago|
|Fiji||Panama||US Virgin Islands|
A person is “based” in a tax haven if the person is incorporated or otherwise established under the law of a tax haven.
A “subsidiary” is to be read in accordance with section 1159 of the Companies Act 2006, as follows:
A company is a “subsidiary” of another company, its “holding company”, if that other company:
- holds a majority of the voting rights in it, or
- is a member of it and has the right to appoint or remove a majority of its board of directors; or
- is a member of it and controls alone, pursuant to an agreement with other members, a majority of the voting rights in it
or if it is a subsidiary of a company that is itself a subsidiary of that other company. And for this purpose, “company” includes any corporate body.