7.8 Given that FBC approval will only be given at a highly advanced stage in the development of a deal, it is essential that early drafts of the FBC which reflect how the deal is developing are shared with the Capital Planning and Asset Management Division. Drafts of the FBC serve an important role in order that both the NHSScotland body and the Scottish Government can ensure that the scheme develops in line with PPP policy.
7.9 It is expected that while the FBC is being considered for approval, the NHSScotland body and private sector partner will continue to work up the detailed contractual documentation and that due diligence on behalf of the financiers will be continuing. NHS bodies will be required to demonstrate that schemes are sufficiently close to financial close before FBC approval will be given.
7.10 Where the terms of a deal do change significantly after FBC approval, whether in terms of scope of the scheme, price, level of risk transfer or in commercial terms, then FBC re-approval will be required. This will be determined on an individual case-by-case basis.
Requirements on openness and publication are covered in the Approval Guidelines of the Scottish Capital Investment Manual.