8.3 A proposal for a major project requires the production of an Initial Agreement (IA) to demonstrate service need for a major capital investment. In the document the NHSScotland body is required to set out its plans to communicate and explain its proposals to the local community throughout the process of developing the scheme and to provide opportunities for views from the public to be expressed and considered.
8.4 There is a Duty of Public Involvement within the NHS Reform (Scotland) Act 2004 which creates a duty directly upon NHS bodies to involve the public in the design and delivery of services. A PPP proposal is considered a major service change and NHS bodies should follow the guidance "Involving, Engaging and Consulting the Public in Developing Health and Community Care Policies and Services". The consultation period should begin when proposals are reasonably well developed so that there can be meaningful consultation, but clearly the consultation has to be conducted before any final decisions are made. The precise timing will be decided upon by the NHSScotland body.
8.5 The NHSScotland body should set up the project board once preparation of the OBC starts. Among the project board's roles are representing the wider ownership of the project and agreeing an internal and external communication plan so all stakeholders can be appraised of the project. The project board's external communication plan should ensure that there are clearly agreed arrangements and mechanisms to keep interested external parties informed and updated about the service options being considered in the OBC. The project team is responsible for ensuring that the external and internal communication plans are in place and are executed.
8.6 After the OBC has been approved the arrangements and mechanisms agreed under the external communication plan should remain in place throughout the PPP procurement period, ensuring a continuing dialogue between the NHSScotland body and interested external parties as the NHSScotland body selects a private sector partner and develops a PPP solution which meets the service requirements identified in the OBC. External parties must have the opportunity to express their opinions and views and seek answers to questions on behalf of those they represent during the PPP procurement period. They must have a genuine opportunity to influence decisions before they are taken.
8.7 In making documents and papers available for the continuing dialogue described in paragraph 9.11, NHS bodies must observe the guidelines on access to information which are discussed under "Making information available" below. Certain information received from participants or produced by the NHSScotland body may be commercially sensitive and NHS bodies must be clear about the exact nature and implications of any confidentiality or restricted access arrangements which they decide upon. NHS HDL (2005)19 advises of the SGHD policy on openness in relation to the publication of contracts and other key documents in accordance with the Freedom of Information (Scotland) Act 2002.
8.8 If the service element of a PPP solution differs significantly from that originally approved in the OBC, such that it is different from the proposals already consulted on, the NHSScotland body will need to extend the original consultation.
8.9 In order to reduce uncertainty for the private sector and thereby optimise value for money, all the statutory consultation exercises (apart from those under TUPE which will be ongoing) must be completed wherever possible before a scheme proceeds to OJEU and the private sector becomes involved.
8.10 The OBC and FBC must include a discrete section which summarises the statutory consultation exercise and continuing dialogue. This must set out the major concerns and issues raised and how these were taken into account by the Health body. It will be a requirement of business case approval that the consultation, information and dialogue requirements set out above are observed.