A. The Board wishes to redevelop its facilities on the Site [and to consolidate on to the Site services currently provided at other locations] in order to improve the quality and efficiency of the services provided by the Board.
B. Accordingly, the Board invited tenders from interested persons for the financing, design, and construction of and the provision of certain services in connection with the [description of project] (the "Project").
C. Proposals were submitted on behalf of Project Co in response to the Board's invitation. Following negotiations, it appears to the Board to be expedient for the purpose of, or in connection with, the discharge of its functions to enter into this Agreement, which sets out the terms and conditions upon which Project Co will carry out the Project.
D. The Project has been approved by the Scottish Government Health Directorates Private Finance and Capital Unit on behalf of the Scottish Ministers.
E. This Agreement is entered into under the Government's Private Finance Initiative (the "PFI").
F. This Agreement is excluded from the application of Part II of the Housing Grants, Construction and Regeneration Act 1996 by operation of paragraph 4 of the Construction Contracts (Scotland) Exclusion Order 1998 (SI 1998/686).
[G. The Board is constituted in Scotland under the National Health Service (Constitution of Health Boards) (Scotland) Order 1974 (S.I. 1974/267) as amended by the National Health Service (Constitution of Health Boards) (Scotland) Amendment Order 2003 (S.S.I. 2003/217) pursuant to Section 2 of the National Health Service (Scotland) Act 1978 as amended by Section 28 of the National Health Service and Community Care Act 1990. 1]
NOW IT IS HEREBY AGREED as follows:
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1 Board lawyers to check whether this recital is appropriate to the relevant NHS entity.