Schedule Part 4: Definitions

“Annual Budget” means the annual budget which is to be prepared by the Grantee in respect of each Financial Year not later than 30 June of each immediately preceding year.

“Budget Allocation and Monitoring Letter” means the letter that Scottish Ministers will issue to the Grantee each Financial Year, throughout the Grant Period, confirming the budget and Grant allocated to the Grantee and associated monitoring and reporting arrangements.

“Conditions” means these grant conditions.

“Default” means (in all cases by either party, its employees, agents or representatives):

any breach of the obligations of either party under these Conditions (including, but not limited to, any breach of any undertaking or warranty given under or in terms of these Conditions)

any failure to perform or the negligent performance of any obligation under these Conditions

any breach of any legislation

any negligence or negligent or fraudulent miss-statement or misappropriation of Grant, or

any other default.

“Event of Default” has the meaning given to it in the Grant Agreement.

“Financial Year” has the meaning given to it in the Grant Agreement.

“Grant” means the grant offered by the Scottish Ministers to the Grantee in connection with the Services, as that grant may be varied from time to time in accordance with these Conditions and/or the Grant Agreement.

“Grant Agreement” means the agreement entered into by the Grantee and the Scottish Ministers of even date herewith.

“Grant Period” has the meaning given to it in the Grant Agreement.

“Grantee” means the person, organisation or body to which the Grant will be payable as specified in these Conditions. Where two or more persons, organisations or bodies are the Grantee, references to the “Grantee” are to those persons, organisations or bodies collectively and their obligations under these Conditions are undertaken jointly and severally.

“Intellectual Property Rights” means all copyright, patent, trademark, design right, database right and any other right in the nature of intellectual property whether or not registered, in any materials or works in whatever form (including but not limited to any materials stored in or made available by means of an information technology system and the computer software relating thereto) which are created, produced or generated as part of the Project by or on behalf of the Grantee.

“Project” means the purpose for which the Grant has been awarded as described in the Offer of Grant.

“Payment” means each of the payments specified in SCHEDULE PART 1 hereto.

“real Living Wage” means the hourly rate known as the ‘real Living Wage’ as calculated by the Resolution Foundation and overseen by the Living Wage Commission, adjusted annually to reflect the cost of living.

“Services” has the meaning given to it in the Grant Agreement.

“Subsidy Control” means the United Kingdom’s subsidy control regime, as set out in, without limitation, the Subsidy Control Act 2022 and any other applicable law, statutory guidance, code of practice, judgment of a relevant court of law and international commitments on subsidy control arising from, amongst others, World Trade Organisation Membership and international treaties and agreements to which the United Kingdom is a party, as amended or modified from time to time.