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Contract design and contracting procedures are at the heart of PPP/ PFI. 

According to the NAO survey of over 100 operational projects, 55% projects have undergone substantial change within the first few years of the project, resulting in major changes to the contract.

Well designed and well managed contracts are the mechanism by which risk is transferred to the private sector and incentives are thereby introduced for good management of service provision. Whether the outcomes represent ‘value for money’ depends on the precise terms of the contract, how the contract is awarded and how it works in practice over the contract life. 

A contract must be able to satisfy lenders and shareholders that it will be performed and enforceable by the company contracting to the public sector entity.

SMi's annual  Contractual & Legal Issues in PFI/PPP conference will assess the impact that legislation has on existing and future PFI/PPP projects, and will discuss:

  • The way the law is developing in terms of standardisation
  • How PFI/PPP deals are put together
  • Different types of contracts
  • Dealing with change during the lifetime of a project

Conference programme

8:30 Registration & Coffee

9:00 Chairman's Opening Remarks

Richard Payne

Richard Payne, Director, Currie & Brown

9:10 PFI/PPP CONTRACTS

David Finlay

David Finlay, Head of PFI Development, National Audit Office (NAO)

  • Service requirements
  • Performance management
  • Dealing with change
  • Refinancing
  • 9:50 CONTRACTUAL AND LEGAL ISSUES IN LOCAL GOVERNMENT PPPs

    Norman Ballantyne

    Norman Ballantyne, Executive, 4ps

  • Standardisation of SOPC3
  • LIFT and BSF
  • Procurement packs
  • The new Consolidated Directive
  • New local government powers
  • Impact of Freedom of Information
  • 10:30 Morning Coffee

    11:00 CONTRACTUAL AND LEGAL ISSUES IN THE NHS

    Duane Passman

    Duane Passman, Head of Capital Investment Unit, London Strategic Health Authorities

  • Progress on major projects
  • Minimising time and costs
  • The NHS as a good corporate citizen
  • Current key issues and hot topics
  • Looking forward
  • 11:40 THE BENEFITS OF REPEAT BUSINESS IN LIFT

    Tim Challis

    Tim Challis, Commercial & Operations Manager, Partnerships for Health

  • Building a team
  • Determining the specification
  • Realising efficiency gains
  • Demonstrating value for money and continuous improvement
  • Maintaining an auditable process
  • 12:20 Networking Lunch

    13:50 CASE STUDY – DERBY PFI HOSPITAL CONTRACT

    Brian Ibell

    Brian Ibell, Assistant Chief Executive / PFI Project Director, Derbyshire Hospitals NHS Foundation Trust

  • Overview of the project
  • Challenges relating to Derby
  • Closing a deal in record time!
  • Mistakes and successes in the delivery of a major project
  • Lessons learned
  • PFI/PPP – myths and realities
  • 14:30 AN INTERNATIONAL PERSPECTIVE

    Jonathan Simpson

    Jonathan Simpson, Partner, Dewey Ballantine

  • Overview of the international PPP scene
  • Specific international case studies
  • Predictions for future international developments - divergence or convergence?
  • 15:10 Afternoon Tea

    15:40 THE GROWTH OF THE SECONDARY MARKET

    Keith Pickard

    Keith Pickard, Senior Manager, Portfolio Management, John Laing

  • History and development of the secondary market
  • What’s driving the secondary market?
  • Is the secondary market a good thing?
  • Is refinancing an alternative to the secondary market?
  • How can liquidity be encouraged?
  • 16:20 ASSESSING LEGAL DEVELOPMENTS IN PPPs

    Phyllis Dunipace

    Phyllis Dunipace, Executive Director Of Education, London Borough Of Lambeth

  • Overview of project
  • Developments which have occurred since the project’s conception
  • Issues relating to standardisation
  • Payment mechanisms and the delivery of a successful project
  • Complexity of insurance
  • Lessons learnt for future PPP projects
  • 17:00 Chairman’s Closing Remarks and Close of Day One

    8:30 Re-registration & Coffee

    9:00 Chairman's Opening Remarks

    Rob Van veen

    Rob Van veen, Senior Technical Advisor, Currie & Brown Consulting

    9:10 OVERCOMING CROSS BORDER REGULATIONS

    María Shaw–Barragán

    María Shaw–Barragán, Senior Lawyer, European Investment Bank

  • Overcoming the challenges of interregional regulatory discrepancies: How can you make the local authorities believe in Public Private Partnerships?
  • Putting in specific procedures to get a normalisation of the procurement process
  • The conditions of contract in different countries and other relevant issues to be taken into account
  • Understanding how a pan-European normalisation of these regulations could mitigate the problem
  • 9:50 PAYMENT MECHANISMS

    Andrew  Brydon

    Andrew Brydon, Associate, Simmons & Simmons

  • Ensuring value for money is met
  • Penalty points and monitoring
  • Establishing operating standards
  • Changes to the mechanism
  • 10:30 Morning Coffee

    11:00 MANAGING CONTRACT CHANGES

    Andrea Finegan

    Andrea Finegan, Director, Innisfree

  • Working in partnership with the public sector
  • Variations
  • Benchmarking/market testing
  • Changes to shareholders
  • Changes to contractors
  • 11:40 PPPs, CONTRACTS AND PROJECT LIFE CYCLES

    Gordon Wilson

    Gordon Wilson, Legal Director, Miller Construction

  • PPPs and whole life cycle performance
  • Important factors to consider:
  • Whole life costs
  • Life cycle assessment – how and by whom?
  • Quality
  • Lifecycle vs defects vs maintenance
  • New build vs refurbishment
  • Portfolio risks
  • The effects these have on contracts
  • Who should have what responsibility?
  • 12:20 Networking Lunch

    13:50 MANAGING THE PPP CONTRACTUAL INTERFACE

    Andrew Cleaves

    Andrew Cleaves, Director of Assurance and Contracts, Tube Lines

  • Overview of the PPP arrangement
  • Key performance levers
  • Lessons learnt resolving disputes
  • Measuring and improving partnership
  • Looking ahead
  • 14:30 MIND THE GAP

    David Anderson

    David Anderson, Legal Director, Carillion Private Finance and Carillion Health

  • Contract management
  • Compliance and audit
  • Interface issues
  • Managing disputes
  • Health and safety
  • 15:10 Afternoon Tea

    15:40 SECURING VALUE FOR MONEY CONTRACTUAL CHANGES TO PPP CONTRACTS

    Sarah Atkins

    Sarah Atkins, Head of Legal Services, London Underground

  • Permitted changes
  • Pricing mechanisms
  • Profit/maintenance/consequential impact
  • Alternative providers
  • Competitive tendering requirements
  • Dispute resolution
  • Contract management implications
  • 16:20 RISK ALLOCATION AND TRANSFER

    Andy Lees

    Andy Lees, Risk and Value Management Consultant, Bovis Lend Lease

  • 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 project’s potential risk
  • Assessing all members of the consortium’s risk assessments
  • Impact of transferring risk to the contractor
  • 17:00 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
    18th October 2005
    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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