PFI/PPP contracts will include provisions allowing one appointed individual to act on behalf of the Authority in relation to the Contract.
The WIDP Contract (Clause 9.1) designates this role as the Authority Representative. The Contractor is entitled to regard any act or instruction by the Authority Representative, authorised by the Contract, as being expressly authorised by the Authority. If the Authority wishes to change the nominated Authority Representative or to appoint an additional Representative or the Authority Representative wishes to delegates some of his/her authority then the Contractor must be notified.
The WIDP Contract (Clause 9.2) set outs similar arrangements in relation to the Contractor's Representative. The Authority is entitled to treat acts by the Contractor's Representative in connection with Contract as expressly authorised by the Contractor. Where the Contractor wishes to change the Contractors Representative it may do so subject to the approval of the Authority (not to be unreasonable withheld).
The Contract Manager will typically be nominated as the Authority's Representative. The Contract Management Manual should highlight the responsibilities that rest with the Authority Representative. The section of the Contract Management Manual addressing succession arrangements should include the procedures for appointing a new Authority Representative when required and for ensuring the new appointee is made aware of the contractual provisions relating the role.