In terms of the implementation of PFI/PPP as a regime in Northern Ireland, no new legislation has had to be introduced; however, certain legislative changes have been necessary as a result of the impact that PFI/PPP has now had on so many aspects of Northern Ireland public sector service delivery. Perhaps the most significant area that required redress locally has been the vires of the various contracting authorities. Whilst most public sector bodies have very wide-ranging general powers to contract, in the most part there existed no express power to enter into PFI or PPP projects, and in particular no direct agreements with third party financiers. In the earliest projects, the financiers were content to rely upon these general or implied powers; however, as the capital value of the projects increased (and therefore the risks), concerns were expressed as to whether
such powers were sufficient to be relied upon. In order to address these concerns, express legislative power to contract in this manner was introduced for a number of the bodies. For example, Article 88 of the Education (Northern Ireland) order 1998 provides education and library boards (one of the bodies empowered with delivering primary and post-primary education in NI) with an express power to enter into such transactions. Similar provisions have also been provided to further education bodies and health trusts.