PART C  DEFINITIONS

Acceptance Test Certificate

means a certificate issued by the Independent Certifier that the Acceptance Tests have been satisfied;

Acceptance Tests

means the Tests so described in Schedule 11 (Tests) of the Contract;

Adjoining Property

means any land and/or property adjoining or in the neighbourhood of the Site(s) and each and every part thereof including all conduits, roads, footpaths, walls, fences, buildings and other erections and all service media and other apparatus on, under or within such land and/or property;

Agreed Form

means in relation to any document, the form of the document agreed between the Parties and initialled by or on behalf of the Parties for the purpose of identification;21

Annual Services Report

has the meaning given to it in paragraph 3.1 (Annual Services Report and Annual Services Plan) of Schedule 15 (Best Value and Continuous Improvement) of the Contract;

As Built Drawings

means drawings, technical information, models, operation and maintenance manuals to encompass the method of construction, manufacture, operation and maintenance of each element of a Facility in sufficient detail to allow a competent person to understand all material elements of the construction of the Facility and to maintain, dismantle, reassemble, adjust and operate all plant and equipment forming the same;

Assets

means all assets and rights to enable the Authority or a successor contractor to own, operate and maintain the Project in accordance with this Contract including:-

(a)  any land or buildings;

(b)  any equipment;

(c)  any books and records (including operating and maintenance manuals, health and safety manuals and other know how);

(d)  any spare parts, tools and other assets (together with any warranties in respect of assets being transferred);

(e)  any revenues and any other contractual rights; and

(f)  any intellectual property rights,

but excluding any assets and rights in respect of which the Authority is full legal and beneficial owner;

Authority's Policies

means the policies of the Authority referred to in Schedule 13 (Authority's Policies) of the Contract;

Business Day

means a day (other than a Saturday or Sunday) on which banks are open for domestic business in the City of London;

Commencement Date

means the date of the Contract;

Commercial Waste

has the meaning given in Section 75(7) of the EPA;

Construction Programme

means the programme for the carrying out of the Works as contained in Part III of Schedule 3 (Contractor's Proposals) of the Contract;

Contingency Plans

means the contingency arrangements set out in the Method Statements;

Contract Month

means each successive calendar Month in a Contract Year;

Contract Period

means the period from and including the Commencement Date to the Expiry Date, or if earlier, the Termination Date;

Contract Waste

means all Municipal Waste arising delivered by or on behalf of [or with the agreement of] the Authority [or the WCAs under the Authority's direction]. [Contract Waste does not include for the avoidance of doubt [any project specific exclusions to be included here]];22

Contract Year

means a period of twelve (12) Months commencing on 1 April, provided that:-

(a)  the first Contract Year shall be the period commencing on the Commencement Date and ending on the day immediately following 31 March; and

(b)  the final Contract Year shall be the period commencing on 1 April immediately preceding the last day of the Contract Period and ending on that day;

Contractor

[insert name of project company];

Contractor's Proposals

means the proposals of the Contractor  to deliver the Project to satisfy the Authority's Requirements, as set out in Schedule 3 (Contractor's Proposals) of the Contract;

Delivery Point

means the point of discharge of Contract Waste as defined within the relevant Method Statements;

EPA

means the Environmental Protection Act 1990;

Equipment

means all moveable plant and equipment [to be provided and maintained by the Contractor  in order to comply with its obligations under this Contract;23

Expiry Date

means the [xth] anniversary of [the Effective Date] [the date of the Contract];

Facility

means [specify the treatment facilities] and all supporting infrastructure including associated plant and amenities and 'Facilities' shall be interpreted accordingly;

Handback Requirements 

means the requirements on termination or expiry of the Contract set out in PR4;

Household Waste

has the meaning attributed to it in Section 75(5) and Section 89 of the EPA and Schedules 1 and 2 of the Controlled Waste Regulations;

Independent Certifier

means the person appointed jointly by the Authority and the Contractor  to act as independent certifier to the Project in accordance with the Independent Certifier's Deed of Appointment;

Independent Certifier's Deed of Appointment

means the deed of appointment of the Independent Certifier in the Agreed Form;

Legislation

means:-

(a)  any Act of Parliament or subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978;

(b)  any exercise of the Royal Prerogative; and

(c)  any enforceable community right within the meaning of Section 2 of the European Communities Act 1972,

in each case in the United Kingdom;

Method Statements

means the Works Method Statement and the Services Method Statements;

Month

means any month in a Contract Year provided that:-

(a)  the first Contract Month shall commence on the Commencement Date and end on the last day of the month in which the Commencement Date occurs; and

(b)  the last Contract Month shall begin on the first day of the month in which the last day of the Contract Periods occurs and end on that day,

and the term Months shall be construed accordingly;

Municipal Waste

means all waste which by virtue of Legislation a local authority has a statutory duty or power to collect, including (without limitation) Household Waste, Commercial Waste, fly tips and street cleansing arisings;24

Opening Hours

means the specified hours of operation of each relevant Facility set out in Part II (Method Statements) of Schedule 3 (Contractor's Proposals) of the Contract;

Operating Manual

has the meaning given to it in Clause 28.1 (Maintenance of Manual) of the Contract;

Party

means a party to the Contract and 'Parties' shall be construed accordingly;

Performance Deductions

has the meaning given to it in Schedule 4 (Payment Mechanism) of the Contract;25

Planned Readiness Date

means [fixed date by which the Readiness Test Certificate is planned to be issued] or such other date as the Parties may agree;

Project

means the provision of waste management services to the Authority by the Contractor as contemplated by this Contract including the carrying out of the Works and the provision of the Services;

Readiness Date

means in respect of a Facility the date on which the Readiness Test Certificate is issued in respect of that Facility or in the event of referral for determination under the Dispute Resolution Procedure pursuant to Clause 21.4.1 of the Contract  the date upon which it is determined that the Facility passed the Readiness Tests;

Planned Service Commencement Date

means [fixed date by [on] which Service Commencement is planned to occur] or such other date as the Parties may agree;

Readiness Test Certificate

means a certificate issued by the Independent Certifier that the Readiness Tests have been satisfied;

Readiness Tests

means the Tests so described in Schedule 11 (Tests) of the Contract;

Rectification Period

has the meaning given to it in Schedule 4 (Payment Mechanism) of the Contract;26

Service Commencement 

means the commencement of the Services;

Services

means the whole of the services or any of them to be provided by the Contractor pursuant to the Contract which are necessary for the Contractor to undertake in order to comply with the Service Requirements, the Services Method Statements and the other provisions of the Contract;

Services Commencement Date 

means the date on which Service Commencement occurs in accordance with Clause 21 (Completion of the Works) of the Contract;

Services Period

means the period specified in Clause 3.2 (Commencement and Duration) of the Contract;

Services Method Statements

means the proposals for the method of providing the Services to satisfy the Service Requirements set out in Part II of Schedule 3 (Contractor 's Proposals) of the Contract;

Termination Date 

means any date of early termination of this Contract in accordance with Part XII (Termination and Compensation on Termination) of the Contract;

Third Party Waste

means all waste received at the Facility(ies) other than Contract Waste;27

[WCAs]

[means [specify waste collection authorities where relevant]]; 

Works

means all of the works (including design and works necessary for obtaining access to the Site(s), commissioning and conduct of the Tests) to be undertaken in accordance with the Contract in accordance with the Works Requirements and the Works Method Statements; and

Works Method Statements

means part of the Contractor's Proposals as set out in Part I of Schedule 3 (Contractor 's Proposals) of the Contract.

The following definitions are used in this Schedule:

Annual Schedule of Planned Maintenance

means the schedule to be submitted by the Contractor on an annual basis containing the information prescribed in PR3.4 paragraph 3.38;

Authorised Vehicle

means the vehicles delivering Contract Waste to the Site(s) which the Authority has provided notification of to the Contractor for the delivery of Contract Waste;

Contingency Delivery Point

means the point of discharge of Contract Waste as defined within the Contingency Plan;

COSHH

means Control Of Substances Hazardous to Health Regulations 2002;

Enquiries and Complaints Plan

means the plan developed in compliance with the requirements prescribed in PR3.3;

Environmental Impact Control Plan

means the plan to be developed by the Contractor in accordance with PR3.2;

Minimum Residual Life

means the minimum operational life expectancy of the Facility(s) without major replacement of [ ] years from the Expiry Date;

Monthly Construction Progress Report

means the report to be submitted by the Contractor on a monthly basis containing the information prescribed in PR1 paragraph 1.49;

Monthly Schedule of Planned Maintenance

means the schedule to be submitted by the Contractor on a monthly basis containing the information prescribed in PR3.4 paragraph 3.41;

Monthly Service Report

means the report to be submitted by the Contractor on a monthly basis containing the information prescribed in PR3.3 paragraph 3.30;

Monitoring Frequency

means the period prescribed in Table 2 of Part B of this Schedule;

Non Authorised Vehicle Acceptance Procedure 

means the agreed procedure developed by the Contractor for the processing of Authority vehicle which are not Authorised Vehicles;

Normal Monitoring Point

means the latest time a Performance Standard should be measured if the Contractor is complying with the Monitoring Frequency for that Performance Standard as set out in the Performance Measurement Framework;

Performance Measurement Framework

means the framework prescribed in Table 3 of Part B of this Schedule;

Performance Requirement

means each performance requirement as set out in this Schedule;

Performance Standard

means the Authority's Requirements as defined in PR1 to 4 inclusive;

Performance Standard Failure

means each event measured in accordance with the Performance Standard Monitoring Methodology where the Contractor fails to meet a Performance Standard;

Planned Maintenance 

means the maintenance of the Facilities prescribed in PR3.4 paragraph 3.38;

PR

means Performance Requirement;

PS

means Performance Standard;

Quality Management System

means the system prescribed in PR3.4 paragraph 3.45;

RIDDOR

means Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995;

Visitor Centre

means the centre referred to in PR1 paragraph 1.29; and 

Works Quality Standards

means the standards prescribed in Appendix A.