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With the public sector prioritising the delivery of high quality public services one of the benefits of PFI is that it offers a chance for better value for money procurement. It can give better value for money than public sector investment, by assigning risk to those better placed to handle it and offering rewards accordingly. For example; operation, design and build and technological obsolescence risks can be transferred to the private sector in a project, with the benefits gained by this approach expected to outweigh any additional costs incurred. From the private sector viewpoint, PFI offers an opportunity to design projects in such a way as to maximise efficiency and minimise running costs, at the same time as incentivising them to deliver on agreed standards and targets.

The key part of a PFI deal apart from the transfer of risk is also the actual contract the parties negotiate

Key issues this conference will discuss

Review of standardisation across the main sectors (health, education, roads)

New standardised contacts

Monitoring PFI contracts in the public sector: experiences from Brent Council

Post September 11th and the impact on PPP contractual negotiations & Force Majeure

The legal structure of a PFI contract

Confirmed Speakers Tom McKevitt, PFI Project Manager, London Borough of Richmond Upon Thames

Rob Hann, Executive, 4P’s

Mark Johnson, Projects Partnerships

Sean O’Donnell, Head of Finance, Essex County Council

Mary McKeon, Department of Finance

John Kirwan, Director Special Finance, Depfa Bank

Paul Mountain, Partner, Head of Construction, Martineau Johnson

Michael Matheou, Partner, Lovells

Bart Meesters, Partner, Allen & Overy

Suresh Kamath, Deputy Director, Brent County Council

Phyllis Dunipace, Assistant Director, Lambeth County Council

Stephen Matthews, Partner, Eversheds

Conference programme

8:30 Registration and Coffee

9:00 Chairman's Opening Remarks

Chris Brown

Chris Brown, Head PPP/PFI, Masons

9:30 OGC STANDARD GUIDANCE OVERVIEW

John Kirwin

John Kirwin, Director, Head of PFI, Depfa Bank

  • The arguments – for and against the use of standardisation in PFI
  • Concerns from a lenders perspective – The contentious aspects, outlining the reasons and the suggested alternative
  • Case study – Project using the NHSE Standard Form Contract
  • Outlook
  • 10:20 STANDARDISATION FOR LOCAL GOVERNMENT PFI AND PPP

    Rob Hann

    Rob Hann, Executive, 4P's

  • The role of the 4ps
  • The need to standardise contracts
  • The advantages of following standardised templates
  • Procurement packs and standardisation for schools, housing, street lighting, leisure
  • Other forms of PPP and work in progress
  • 11:00 Morning Coffee

    11:20 PUBLIC SECTOR INTERVENTION

    Tom McKevitt

    Tom McKevitt, PFI Project Manager, London Borough of Richmond Upon Thames

  • Defining the rights of the public sector
  • Setting up agreements
  • Transferring risk
  • Identifying the need for public sector intervention
  • Working together
  • Setting standards
  • 12:00 CASE STUDY

    Suresh Kamath

    Suresh Kamath, Deputy Director of Environmental Services, Brent Council

  • Actions to take once the PFI contract is signed
  • What insights have been gained from some recent PFI projects for Brent County Council about contract management?
  • Thoughts on monitoring PFI contracts
  • Putting management procedures in place for long-term contract management
  • Enhancing partnerships in PFI projects between local governments and private sector companies, e.g. skills transfer
  • Contract completion – a problem?
  • 12:40 Lunch

    14:00 CHANGES IN INSURANCE

    Steve Solly

    Steve Solly, Managing Director, Braddons

  • Changes in contractual requirements
  • Insurance as a risk management tool
  • Sector specific issues
  • How September 11th has effected the insurance market
  • 14:40 RISK TRANSFER

    Declan Gillespie

    Declan Gillespie, Head of FM, Gleeds

  • Mitigating Risk in a PFI projects - Solutions to achieve this
  • Using different approach to gain the best outcome
  • Using design as an assessment of the projects risk potential
  • Balancing value verses risk
  • Assessing all members of the consortiums risk assessments
  • Looking at the FM offering and assessing the risk

    Impact of transferring operational risks to the contractor

  • 15:20 Afternoon Tea

    15:40 BUILDING THE LEGAL FRAMEWORK

    Sean O’Donnell

    Sean O’Donnell, Head of Finance, Environmental Services Directorate, Essex County Council

  • Contents and structure of the contract
  • Commercial Terms
  • Commercial Schedules
  • Technical Schedules
  • Issues and Challenges
  • 16:20 CONTRACT BEST FIT

    Malcolm Austwick

    Malcolm Austwick, Partner, Beachcroft Wansbroughs

  • Standardised contracts
  • OGC Guidance
  • Factors for consideration
  • Identifying and satisfying project specific needs
  • Avoiding potential pitfalls
  • 17:00 Chairman’s Closing Remarks and Close of Day One

    8:30 Re-registration and Coffee

    9:30 Chairman's Opening Remarks

    Alan Aisbett

    Alan Aisbett, Partner, Pinsent Curtis

    9:40 PUBLIC PRIVATE PARTNERSHIPS FROM A DUTCH PERSPECTIVE

    Bart Meesters

    Bart Meesters, Partner, Allen & Overy, The Netherlands

  • Overview of past and current projects
  • Differences between the UK and the Netherlands
  • Allocation of risks
  • Implied terms
  • Direct agreements
  • 10:20 PPP – LEGAL DIMENSION

    Mary McKeon

    Mary McKeon, Head of Policy and Communications, Central PPP Unit, Department of Finance (Ireland)

  • Developments & opportunities in Ireland
  • Framework for PPPs in Ireland
  • Recent legislative initiatives
  • EU developments
  • 11:00 Morning Coffee

    11:20 FROM TRADITIONAL TO LONG TERM CONTRACTS

    Paul Mountain

    Paul Mountain, Partner, Martineau Johnson

  • Managing the relationship
  • Hands on v hands off monitoring
  • Dispute resolution procedure
  • Stages of contract management
  • 12:00 KEY CONTRACTUAL ISSUES

    Mark Johnson

    Mark Johnson, Managing Director, The Projects Partnership

  • Refinancing
  • Compensation for termination
  • Insurance
  • Disputes resolution
  • 12:40 Lunch

    14:00 CASE STUDY

    Phyllis Dunipace

    Phyllis Dunipace, Assistant Director, Community and Lifelong Learning, London Borough of Lambeth

  • Role of the council in providing the education service
  • Council’s objectives for accommodation and ICT
  • The preferred model and single point responsibility
  • Whole project approach and lender concerns
  • Key issues arising out of standardisation
  • 14:40 LEGAL STANDARDISATION OF SCHOOL PFI

    Steven Matthew

    Steven Matthew, Head of Projects Group, Partner, Eversheds

  • Does standardisation help?
  • What does standardisation not cover?
  • How should standardisation be dealt with in negotiations (should amendments be permitted or not)?
  • 15:20 Afternoon Tea

    15:40 LEGAL IMPLICATION OF STAFFING PFI PROJECTS

    Norman Rose

    Norman Rose, Director General, Business Service Association

  • Is it a viable option to move staff from the employ of the public to the private sector
  • Retention Employment Model
  • Providing a bespoke solution for each contract signed
  • Working with the unions to ensure all legal implications are discussed
  • TUPE Transfer
  • Hr Considerations - Pensions, Employment rights

    Long term issues for transfer of staff

  • 16:20 LEGAL ISSUES AFFECTING PPP FOR THE FUTURE

    Michael Matheou

    Michael Matheou, Partner, Lovells

  • Public procurement rules
  • Bids with financing or funding competitors
  • Monitoring rights
  • Termination issues
  • New standardised contracts
  • 17:00 Chairman's Closing Remarks and Close of Conference

    +

    Workshops

    Contract standardisation in PFI projects
    Workshop

    Contract standardisation in PFI projects

    The Hatton, at etc. venues
    20th November 2002
    London, United Kingdom

    Contract standardisation in PFI projects
    Workshop

    Contract standardisation in PFI projects

    The Hatton, at etc. venues
    20th November 2002
    London, United Kingdom

    Legislative risk assessment in PFI projects
    Workshop

    Legislative risk assessment in PFI projects

    The Hatton, at etc. venues
    20th November 2002
    London, United Kingdom

    Legislative risk assessment in PFI projects
    Workshop

    Legislative risk assessment in PFI projects

    The Hatton, at etc. venues
    20th November 2002
    London, United Kingdom

    Refinancing PFI Projects
    Workshop

    Refinancing PFI Projects

    The Hatton, at etc. venues
    20th November 2002
    London, United Kingdom

    Refinancing PFI Projects
    Workshop

    Refinancing PFI Projects

    The Hatton, at etc. venues
    20th November 2002
    London, United Kingdom

    The Hatton, at etc. venues

    51/53 Hatton Garden
    London EC1N 8HN
    United Kingdom

    The Hatton, at etc. venues

    HOTEL BOOKING FORM

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    WHAT IS CPD?

    CPD stands for Continuing Professional Development’. It is essentially a philosophy, which maintains that in order to be effective, learning should be organised and structured. The most common definition is:

    ‘A commitment to structured skills and knowledge enhancement for Personal or Professional competence’

    CPD is a common requirement of individual membership with professional bodies and Institutes. Increasingly, employers also expect their staff to undertake regular CPD activities.

    Undertaken over a period of time, CPD ensures that educational qualifications do not become obsolete, and allows for best practice and professional standards to be upheld.

    CPD can be undertaken through a variety of learning activities including instructor led training courses, seminars and conferences, e:learning modules or structured reading.

    CPD AND PROFESSIONAL INSTITUTES

    There are approximately 470 institutes in the UK across all industry sectors, with a collective membership of circa 4 million professionals, and they all expect their members to undertake CPD.

    For some institutes undertaking CPD is mandatory e.g. accountancy and law, and linked to a licence to practice, for others it’s obligatory. By ensuring that their members undertake CPD, the professional bodies seek to ensure that professional standards, legislative awareness and ethical practices are maintained.

    CPD Schemes often run over the period of a year and the institutes generally provide online tools for their members to record and reflect on their CPD activities.

    TYPICAL CPD SCHEMES AND RECORDING OF CPD (CPD points and hours)

    Professional bodies and Institutes CPD schemes are either structured as ‘Input’ or ‘Output’ based.

    ‘Input’ based schemes list a precise number of CPD hours that individuals must achieve within a given time period. These schemes can also use different ‘currencies’ such as points, merits, units or credits, where an individual must accumulate the number required. These currencies are usually based on time i.e. 1 CPD point = 1 hour of learning.

    ‘Output’ based schemes are learner centred. They require individuals to set learning goals that align to professional competencies, or personal development objectives. These schemes also list different ways to achieve the learning goals e.g. training courses, seminars or e:learning, which enables an individual to complete their CPD through their preferred mode of learning.

    The majority of Input and Output based schemes actively encourage individuals to seek appropriate CPD activities independently.

    As a formal provider of CPD certified activities, SMI Group can provide an indication of the learning benefit gained and the typical completion. However, it is ultimately the responsibility of the delegate to evaluate their learning, and record it correctly in line with their professional body’s or employers requirements.

    GLOBAL CPD

    Increasingly, international and emerging markets are ‘professionalising’ their workforces and looking to the UK to benchmark educational standards. The undertaking of CPD is now increasingly expected of any individual employed within today’s global marketplace.

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    We can provide a certificate for all our accredited events. To request a CPD certificate for a conference , workshop, master classes you have attended please email events@smi-online.co.uk

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