When to appoint advisers

5.5  When there are gaps identified in the in-house expertise available, NHS bodies should consider using appropriate professional advisers. The stage at which advisers should be appointed and the nature of their involvement should always be determined by where their input and experience can add value to the procurement process and in practice will vary from one project to another.

Typically, advisers have been appointed at the following stages:

•  healthcare advisers: when setting the strategic context for the scheme and where appropriate in the preparation of the Outline and Full Business Cases;

•  technical and financial advisers: to assist in the development of the Outline Business Case and related areas before OJEU and thereafter working through to financial close;

•  technical advisers: to assist in preparing the OBC, ITPD and output specifications, in the evaluation of bids, costing and deliverability of participants' design solutions and in the monitoring and implementation of the contract;

•  legal advisers: to work through from OJEU to financial close.

5.6  There is, inevitably, a balance to be struck in the timing of appointments. Early appointment of advisers increases their familiarity and involvement with the project and draws on PPP experience quickly. It may also provide opportunities for advisers to identify potential problems early and to avoid time being spent "firefighting" later on.

5.7  Seeking appropriate advice early should not increase costs overall provided that advisers are properly managed. Indeed, it may well avoid time consuming and costly negotiation later in the process. Objectives and work programmes for advisers being appointed when the scheme is at an embryonic stage should be as tightly defined as possible. For example, when scheme options are being considered, the NHSScotland body may wish to obtain advice as to which of them is best suited to PPP especially for evolving PPP structures such as NPD. Under such circumstances, it may prove to be useful for a highly focused meeting to be arranged with advisers. This could be held at comparatively little cost.

5.8  Delaying the appointment of advisers until too late in the process can limit the extent to which the adviser can add value and lead to later expense and a sub optimal deal.

5.9  However advisers are appointed and regardless of their nominal role, the prime responsibility for scheme delivery remains with the NHSScotland body. The NHSScotland body can not abdicate this responsibility.