Note

Please read the note below before using this Model Documentation

The Housing Procurement Pack has been produced by Local Partnerships, the Homes and Communities Agency (HCA) and the Department for Communities and Local Government (DCLG), originally in consultation with legal advisers Pinsent Masons and Addleshaw Goddard, PricewaterhouseCoopers (financial advisers) and Gleeds (technical advisers) (together the Advisers) to provide assistance to Local Authorities in the procurement of housing projects through a public private partnership or through the Private Finance Initiative.

This Standard Form Housing PFI Project Agreement has been published in good faith by Local Partnerships/HCA/DCLG, originally with the help of their Advisers, and neither Local Partnerships/HCA/DCLG nor their Advisers shall incur any liability for any action or omission arising out of any reliance being placed on any part of the Procurement Pack by any Local Authority or organisation or other person. Any Local Authority or organisation or other person in receipt of this Standard Form Project Agreement should take their own legal, financial and other relevant professional advice when considering what action (if any) to take in respect of any initiative, proposal, or other involvement with any public private partnership, or before placing any reliance on anything contained therein.

Please note: Compliance with this Model Documentation is mandatory for HRA projects. Regard to and compliance with the Non-HRA Guidance and Model Documentation is mandatory for Non-HRA projects. Non-HRA projects should also use the HRA Model Documentation as the basis for drafting. However where alternative drafting is proposed due to HRA provisions not being applicable or being inappropriate, such alternative drafting will normally be acceptable where demonstrated as such, subject to approval by CLG / HCA.

Recent Updates, May 2011 and 4^th October 2011

Local Partnerships have updated and reissued this Standard Form Housing PFI Project Agreement, incorporating the following changes in May 2011:-

•  IUK permitted derogations as at March 2010

•  recent developments in the Best Value framework

Local Partnerships have updated and reissued the Standard Form Housing PFI Project Agreement, incorporating the following changes in accordance with Infrastructure UK requirements as at 4th October 2011:-

•  Clarificatory amendments to the definition of Committed Standby Facility

•  The addition of a clarificatory footnote to the definition of Contractor default (sub-cl (a))

•  amendment of Equalities Legislation definition and insertion of updated Schedule 21, Equalities Requirements, including reference to Equalities Act 2010;

•  clarificatory amendments to the definition of Exempt Refinancing (sub-cl (c) )(ii)

•  clarificatory amendments to the definition of Permitted Borrowing (sub-cl (d)

•  amendment of Prohibited Act definition to include Bribery Act 2010 and exclude repealed Prevention of Corruption Acts 1889-1916 and the insertion of a new contractor's Bribery Act compliance warranty;

•  clarificatory amendments to the definition of limb ('I') contained in the Termination Date Discount Rate definition;

•  clarificatory amendment to clause 37.7.2(b) with regard to a Prohibited Act and Termination for Corrupt Gifts and Fraud;

•  clarificatory amendments to clause 43.3.3(a) in respect of Estimated Fair Value definition;

•  amendment to clause 55.1.1 to facilitate compliance with transparency obligations;

•  amendment to clause 64.2 with regard to Notification of proposed change of ownership provisions to provide an Authority with an opportunity to consider a proposed change of ownership and give or withhold consent before it happens; and

•  amendment to Clause 64.5.2 to ensure Change of Ownership compliance with SoPC4.

Compliance with these changes to Model Documentation is mandatory for HRA and Non-HRA projects.

The changes are effective for all Housing PFI projects in procurement as at 4^th October 2011.

The amendments have been approved by the Department for Communities and Local Government and HM-Treasury's Infrastructure UK.

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Local Partnerships LLP 2011