Home
overview

SMi's Legal & Contractual Issues in PFI/PPP Projects conference has been accredited by The Law Society. Solicitors can claim CPD credit for their attendance.

Legal & Contractual Issues in PFI/PPP aims to assess the impact that the legislation can and will have on existing and future PFI/PPP projects. The way in which the law is developing in terms of standardisation and uniformity of contracts, should in theory lead to less administration and duplication of the tedious tasks and procedures. This event will look at how PFI/PPP deals are put together, the different types of contracts that exist and the manner in which they are developed.

BENEFITS OF ATTENDING :
· Identify legal and regulatory frameworks
· Review standardisation across the main sectors
· Hear legal implications of staffing PFI projects
· Understand risk allocation and transfer
· Prepare for the future of Legal and Contractual Issues within PPP projects

A unique opportunity to learn from leading industry experts including:

Doug Neal, Principal Auditor, National Audit Office
Norman Rose, Director - General, Business Services Association
John Kirwan, Managing Director Special Finance Unit, DePfa Bank
Declan Gillespie, Commercial Director, Lend Lease
Mike Walsh, PFI & Forward Planning Manager, London Borough of Richmond upon Thames
Sean O'Donnell, Head of Finance, Environment Services, Essex County Council
Eddie Campbell, Head of Strategy and Resources, South Tyneside Council, Lifelong Learning and Leisure
Kevin Duffy, Capital Projects Manager, Darlington Borough Council
Michael Bryan, Associate Director, NIB Capital Bank
Alan Aisbett, Partner, Pinsents & (Part Time) Office of the Deputy Prime Minister (ODPM)

Conference programme

8:30 Registration & Coffee

9:00 Chairman's Opening Remarks

Maria Leistner

Maria Leistner, Senior Associate in Energy & Infrastructure Finance, Leboeuf, Lamb, Greene & MacRae

9:10 AN INSIGHT INTO THE REPORT PUBLISHED BY THE NAO

Doug Neal

Doug Neal, Principal Auditor, National Audit Office

  • Aims and objectives of deal
  • The need for change
  • Mechanisms for change
  • Key lessons learnt from the report
  • 9:40 LEGAL IMPLICATIONS OF STAFFING PFI PROJECTS

    Norman Rose

    Norman Rose, Director-General, Business Services Association

  • Viability of staff transfers from public to private sector
  • An insight into the legalities of the Retention of Employment Model
  • An insight into the legal issues in TUPE
  • Working with the Unions to ensure all legal implications are discussed
  • HR considerations – pensions and employment rights
  • Longer term issues for the transfer of staff
  • 10:20 PAYMENT MECHANISMS

    Stephen Matthew

    Stephen Matthew, Partner & Head of Special Projects, Eversheds

  • Ensuring value for money is met
  • Penalty points and monitoring
  • Establishing operating standards
  • Changes to the mechanism
  • Liability within contracts
  • Contractual security
  • 11:00 Morning Coffee

    11:20 PANEL DISCUSSION: LEGAL & CONTRACTUAL ISSUES IN PPP PROJECTS

    Doug Neal

    Doug Neal, Principal Auditor, National Audit Office

    Alan Aisbett

    Alan Aisbett, Partner, Pinsents & (Part Time) Office of the Deputy Prime Minister (ODPM)

    Andrew Briggs

    Andrew Briggs, Partner, Lovells

    12:00 LEGAL AND REGULATORY FRAMEWORK

    Alan Aisbett

    Alan Aisbett, Partner, Pinsents & (Part Time) Office of the Deputy Prime Minister (ODPM)

  • Impact of new powers
  • Impact of new capital finance
  • Development of new structures for investment
  • Development of new structures for service delivery
  • 12:40 Networking Lunch

    14:00 CASE STUDY

    Sean O’Donnell

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

  • Background to scheme
  • Project procurement
  • Contents and structure of the contract
  • Commercial terms
  • Commercial schedules
  • Technical schedules
  • Statutory powers
  • Decision making process
  • Certificates
  • Key concerns
  • 14:40 COMMERCIAL ISSUES

    Andrew Briggs

    Andrew Briggs, Partner, Lovells

  • Understanding the requirement and business case
  • A realistic approach to risk assessment and transfers
  • Planning and procedures
  • Special considerations for health projects
  • Keys to a successful project
  • 15:20 PRICING AND PAYMENT MECHANISMS

  • Principles of design
  • Road testing rather than crash testing
  • Balancing stick and carrot
  • Live case study
  • Avoiding common pitfalls
  • Michael Veale

    Michael Veale, Principal Consultant, Berkshire Consultancy

    Claire Barnes

    Claire Barnes, Principal Consultant, Berkshire Consultancy

    16:00 Chairman’s Closing Remarks and Close of Day One

    8:30 Re-registration & Coffee

    9:00 Chairman's Opening Remarks

    David Hutton

    David Hutton, Partner, Bevan Ashford Solicitors

    9:10 CASE STUDY – PPP IN EDUCATION

    Eddie Campbell

    Eddie Campbell, Head of Strategy and Resources, South Tyneside Council, Lifelong Learning and Leisure

  • Role of the council in providing the service
  • Project objectives and the best way to meet them when forming a contract
  • Importance of a secure insurance policy
  • Events to which force mejeur should refer
  • Increasing degrees of standardisation
  • 10:20 LENGTH OF CONTRACT

    Ian Laing

    Ian Laing, Partner, Masons

  • How should contract duration be devised?
  • Cost effectiveness and contract duration
  • Selecting the most suitable source of finance
  • Influence of refinancing
  • Accounting for competition and implementing changes
  • Importance of break clauses to ensure greater flexibility
  • 10:20 PPP IN LOCAL AUTHORITY

    Mike Walsh

    Mike Walsh, PFI & Forward Planning Manager, London Borough of Richmond Upon Thames

  • Role of the council in providing services
  • Progress of standardisation at local authority level
  • How is standardisation dealt with in negotiations?
  • Managing the procurement process
  • Local management of a contract
  • Involvement of Governing Bodies in the PFI procurement process
  • 11:00 Morning Cofee

    11:20 TAXATION ISSUES ARISING FROM LEGAL AND CONTRACTUAL DOCUMENTATION

    Paul Bartlett

    Paul Bartlett, Director of Real Estate Tax Group, Deloitte & Touche

  • Corporation tax and its impact on PFI projects
  • Tax structure for PFI projects: Fixed Asset vs Contract Debtor
  • The legal and contractual issues which determine the tax structure
  • Stamp duty and its impact on PFI projects
  • VAT and its impact on PFI projects
  • 12:00 RISK ALLOCATION AND TRANSFER

    Declan Gillespie

    Declan Gillespie, Commercial Director, Bovis Lend Leases
    View Bio

  • Determining where risks lie
  • Who should take property title risk?
  • The dangers of new risks when considering varying payment mechanisms
  • Using design as an assessment of the projects potential risk
  • Assessing all members of the consortium’s risk assessments
  • Impact of transferring risk to the contractor
  • 12:40 Networking Lunch

    14:00 OBSTACLES TO FINANCIAL CLOSE

    Roger Wakefield

    Roger Wakefield, Partner – Projects Group, Nabarro Nathanson

  • Bid optimism clouding judgement
  • Inadequate strategies for effective negotiation
  • Client inexperience vs experienced consultants
  • Payment mechanisms with impractical key performance indicators
  • Standard documentation
  • Inappropriate leadership qualities
  • 14:40 LEGAL STANDARDISATION OF SCHOOLS’ PFI

    Tony Randle

    Tony Randle, Partner, Head of Education PPP, DLA

  • Development of standardisation
  • Does standardisation work for schools PPP?
  • Relevance of standardisation to new procurement technology
  • 15:20 Chairman's Closing Remarks and Close of Conference

    +

    Workshops

    Risk Assessment in PFI Projects
    Workshop

    Risk Assessment in PFI Projects

    The Hatton, at etc. venues
    5th November 2003
    London, United Kingdom

    Risk Assessment in PFI Projects
    Workshop

    Risk Assessment in PFI Projects

    The Hatton, at etc. venues
    5th November 2003
    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

    Title

    SubTitle
    speaker image

    Content


    Title


    Description

    Download


    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.

    CPD Certificates

    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

    Event Title

    Headline

    Text
    Read More

    I would like to speak at an event

    I would like to attend an event

    I would like to sponsor/exhibit at an event

    SIGN UP OR LOGIN

    Sign up
    Forgotten Password?

    Contact SMi GROUP LTD

    UK Office
    Opening Hours: 9.00 - 17.30 (local time)
    SMi Group Ltd, 1 Westminster Bridge Road, London, SE1 7XW, United Kingdom
    Tel: +44 (0) 20 7827 6000 Fax: +44 (0) 20 7827 6001
    Website: http://www.smi-online.co.uk Email: events@smi-online.co.uk
    Registered in England No: 3779287 VAT No: GB 976 2951 71




    Forgotten Password

    Please enter the email address you registered with. We will email you a new password.