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Building on the success of our previous PFI/PPP events we are once again bringing together the leading specialists within the legal and contractual fields and tackling the issues that matter.

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.

Conference programme

8:30 Registration & Coffee

9:00 Chairman's Opening Remarks

Chris Waites

Chris Waites, Head of PFI, Tillinghast-Towers Perrin

9:10 MAKING DEALS QUICKER AND CHEAPER

Alan Aisbett

Alan Aisbett, Partner, Pinsent Curtis

  • Improve upon existing structures and processes in order to save time and cost
  • Achieve the right combination of circumstances to allow the minimum time to be spent labouring over the minute details
  • Combine the senior debtor and subordinated debtor terms into one consolidated project loan agreement
  • The scope for legal efficiency by creating an omnibus financing document which consolidates common clauses
  • Lessons to be learnt from the Americans, particularly the use of master schedules of definitions and closing conditions
  • The need for the principles of the project to adopt the vital project management role
  • 9:40 SECURING THE RIGHT ADVISERS

    Mark Rees

    Mark Rees, Project Manager, Bromley Hospitals NHS Trust

  • The need for advisers on PFI NHS projects
  • Finding the right lawyer - asking the right questions
  • Managing the adviser
  • Ensuring the right internal support
  • Combination of legal and financial expertise to PPP/PFI
  • Getting a result-managing the process, people and politics
  • 10:20 KEYNOTE ADDRESS

    Nicholas Scott-Barrett, Director Project Finance, SG

    Nicholas Scott-Barrett, Director Project Finance, SG, , Douglas Sutherland, Private Finance Projects Team, Treasury Task Force

  • Background to first PFI funding competition
  • Status of the project at the start of the competition
  • Stages of the competition - prequalification/bids/evaluation
  • Results
  • Lessons learned
  • 11:00 Morning Coffee

    11:20 BUILDING THE FRAMEWORK

    Rob Hann

    Rob Hann, Executive, Public Private Partnerships Programme

  • Powers to facilitate commercial transactions and partnership involving local authorities
  • An overview of local government PFI including the PFI essentials under the local authorities capital finance system
  • The implications of Treasury Taskforce Standardisation exercise for local authorities in relation to legal issues
  • The key issue of Best Value
  • Building reasonable operational flexibility into long term contracts
  • The modernisation agenda and future possible procurement methods
  • 12:00 TWO CASE STUDIES IN MANAGING LEGAL ISSUES

    Tony Rogers

    Tony Rogers, Senior Legal Advisor, AMEC Project Investments

  • Managing the legal process as part of the Deal
  • Sector Differences: Roads Vs Hospitals
  • Pulling together the project, funding and sub-contract issues
  • Getting to Financial Close
  • Lessons learnt from the past…and for the future?
  • 12:40 Lunch

    13:40 CASE STUDY

    Paul Gouland

    Paul Gouland, Marketing Director, Clugston Construction

  • Nature of the Project, Outputs
  • Design, Construction and Commissioning-Update
  • The Consortia and the Contract’s Structure
  • Terms of the Agreement
  • Payment Mechanism, Performance and Availability
  • What we have learnt to date
  • 14:20 FINANCE ISSUES

    Michael Matheou

    Michael Matheou, Partner, Lovells

  • Bond Financing: covenants, defaults, ratings, wrapping market availability, pricing
  • How Partnerships UK financial contributions might be integrated into funding structures: Equity; Mezzanine finance; Other
  • Will the inhibition on use of assets as security, and the consequences of insolvency procedures found in the Greater London Authority Act 1999 be applied outside the context of the London Underground PPP?
  • Developments with regard to completed projects: Refinancing; Repackaging/securitisation
  • 15:00 CASE STUDY

    Terry Brewer

    Terry Brewer, Head of PFI/PPP Unit, London Fire & Civil Defence Agency

  • Implementing PFI in an emergency service
  • Issues arising from the procurement process
  • Obtaining credit approval
  • Defining availability for moving assets
  • Legal and contractual issues peculiar to a fire service PFI scheme
  • PFI in the Fire Service-where next?
  • 15:40 Afternoon Tea

    16:00 TERMINATION CLAUSES

    Paul Mountain

    Paul Mountain, Partner, Head of Construction, Martineau Johnson

  • Using PFI principles to develop performance measurement systems
  • Assessing the contract structure for the project and the points involved
  • Termination clauses - How these impact on the contracts design
  • Putting performance measurement and contractual clauses into practice as the project develops
  • Assessing the project after completion - Working with the completed facilities
  • Lessons learnt from developing the PFI process and assessing the completed facilities
  • 16:30 CASE STUDY-SCHOOL PROGRAMMES

    Paul O’Sullivan

    Paul O’Sullivan, Assistant County Secretary, East Sussex County Council

  • Evaluating one of the first educational grouped projects as a whole
  • Understanding the issues arising from local management of schools
  • Developing the basic contract and output specifications
  • Benefits and problems of Pathfinder status
  • Aspects of the procurement process
  • 17:00 Chairman’s Closing Remarks and Close of Day One

    17:10 Informal Drinks Reception for Delegates and Speakers

    8:30 Re-registration and Coffee

    9:00 Chairman's Opening Remarks

    Susan Owen

    Susan Owen, Partner, Masons

    9:10 MAINTENANCE RESERVE ACCOUNTS

    Anthony Read

    Anthony Read, Capital Projects Partner, Burness

  • Co-ordinating the many participants with all their separate aims and responsibilities
  • Ensure that the life-cycle costing arrangements in the project work effectively and efficiently
  • Apply the reserve balance against the senior debtor on early termination
  • Allow the FM contractor the ability to vire between line items
  • Allocate a regular revenue payment from the reserve to cut down on administration
  • Learning the art of compromise
  • 9:40 BASIC CONTRACTUAL TERMS

    Patricia Flannery

    Patricia Flannery, PPP Unit, Ministry of Defence

  • Assessing the use of legal representation when procuring an MoD project
  • Assessing the practicality of an entire project agreement
  • Looking at how the contractual aspects were discussed in defence PFI contracts
  • Defining contractors’ responsibilities and liabilities within a contract - Does the same contract work for each contract?
  • Preparing for special contractual liabilities within an MoD project
  • Reassessing the contract after it has been signed
  • 10:20 LOCAL AUTHORITIES

    Mark Dawe

    Mark Dawe, Head of Corporate Services, Canterbury College

  • Assessing the project as a whole
  • Understanding the issues arising from local management of colleges
  • Benefits and problems of Pathfinder status
  • Developing the basic contract and output specifications
  • What is non-core service?
  • Risk-at what price?
  • 11:00 Morning Coffee

    11:20 DESIGN BUILD FINANCE AND OPERATE

    Dick Wilkinson

    Dick Wilkinson, Project Manager, Halcrow Group

  • What is the best contract period for the public sector and how does this effect the private sector
  • What is the period of service required timely service commencement, developing alternatives
  • The legal issues in DBFO Road contracts
  • The break clauses included and their consequences
  • 12:00 THE HIGHWAYS AGENCY PERSPECTIVE

    Steve Nicholson

    Steve Nicholson, Project Manager, Highways Agency

  • The negotiation team
  • Choosing the Chief Negotiator - client representative or professional adviser?
  • Negotiation team building and terms of reference
  • Negotiator accountability in a project management structure - deal broker or breaker?
  • Managing the negotiations - facilitation and prescription
  • Migrating contract negotiations to service management
  • 12:40 Lunch

    13:40 CASE STUDY-THE NORWICH UNION PPP FUND/MILL GROUP

    Jeremy Tilford

    Jeremy Tilford, Director, Norwich Union PPP Fund/Mill Group

  • An explanation of the legal issues relating to the first dedicated fund established to develop PFI/PPP projects
  • Make available the total funding required to deliver the agreed development
  • Share the risks of facilities management performance by entering into partnership with them
  • Support the public sector to deliver legally efficient projects
  • Some recent case studies and examples to demonstrate the smooth legal path
  • 14:20 PROJECT DEVELOPMENT

    Shelagh Levett

    Shelagh Levett, Head of Arts, Libraries & Museums and Julia King, Project Co-ordinator, Bournemouth County Council

  • The background and history of the Bournemouth Libraries project
  • Understanding the legal and contractual issues of the project
  • Analysing the work done in-house on this project
  • Choosing legal advisers to help bring the project to financial close
  • Risk and liability within the Bournemouth Libraries project
  • Analysis of how the contract was developed over the procurement period
  • 15:00 STREAMLINING PFI

    Nick Maltby

    Nick Maltby, Partner, Pinsent Curtis

  • Current weaknesses
  • Recent Guidance
  • The new look process
  • Unresolved issues
  • Can PFI ever be a commodity?
  • 15:40 Afternoon Tea

    16:00 ALLOCATION OF RISK

    Eifion Griffith

    Eifion Griffith, Director of Business Services, University of Wales

  • The optimum allocation of risk, rather than risk transfer
  • Secure worthwhile terms to ensure the contract is clearly structured
  • The practical implications of legislative and regulatory risk
  • Assessing the different types of risk-demand risk, residual risk, operating risk
  • Include a provision for renegotiations and possible price adjustments in the event of changes with major impacts
  • 16:30 DISPUTE RESOLUTION IN PFI

    Ian Insley

    Ian Insley, Partner, S J Berwin & Co

  • What happens when the deal does not deal with various situations that may arise?
  • An analysis of the new treasury guidelines that exist to deal with unusual circumstances
  • An overview of the gaps which exist within the documentation in relation to circumstances which none of the parties could have contemplated at the time
  • The pragmatic approach adopted by the parties involved with the PFI/PPP projects
  • The future needs to be seen within the remit of compromise and negotiation
  • 17:00 Chairman’s Closing Remarks and Close of the Conference

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    Workshops

    Successful Bidding For PFI Contracts
    Workshop

    Successful Bidding For PFI Contracts

    The Hatton, at etc. venues
    10th May 2000
    London, United Kingdom

    Successful Bidding For PFI Contracts
    Workshop

    Successful Bidding For PFI Contracts

    The Hatton, at etc. venues
    10th May 2000
    London, United Kingdom

    Local Authority PFI/PPP
    Workshop

    Local Authority PFI/PPP

    The Hatton, at etc. venues
    10th May 2000
    London, United Kingdom

    Local Authority PFI/PPP
    Workshop

    Local Authority PFI/PPP

    The Hatton, at etc. venues
    10th May 2000
    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.

    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

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