Process summary

•  Completed Derogations Tables, marked up PA (Project Agreement)and DA (Development Agreement) and supporting narrative papers to be submitted by local authority to HCA.

•  HCA to confirm that derogations documents are complete and in the required format - Authority to be advised if not.

•  HCA to review in full all submitted derogations documents (HCA will utilise experienced external lawyers to assist in carrying out this review). Those derogations not acceptable to HCA will be recorded as such on the Derogations Table. Those acceptable will be recorded as such. Those requiring further justification, explanation or clarification will be recorded as such.

•  SoPC4 and difficult/unusual/contentious HPP derogations (and project principles requiring derogations) will be submitted by HCA to CLG. Those not acceptable to CLG will be recorded as such on the Derogations Table. Those acceptable will be recorded as such. Those requiring further justification, explanation or clarification will be recorded as such.

•  SoPC4 derogations, endorsed with HCA/DCLG approval, will then be submitted to IUK for consideration by IUK. The proposed draft project agreement should accompany this submission. Those not acceptable to IUK will be recorded as such on the Derogations Table. Those acceptable will be recorded as such. Those requiring further justification, explanation or clarification will be recorded as such.

•  Complete and comprehensive Derogations Tables recording the collective HCA/CLG/IUK position on all derogations submitted will be returned to the local authority by HCA within a target timescale of 6-8 weeks.

•  CLG/HCA/IUK responses should generally be regarded as final. If an Authority and/or bidders do wish to continue to seek derogation, this will be subject to CLG/HCA/IUK willingness to consider further. The derogations process would then re-commence and continue until all derogations sought are resolved.  This subsequent process will be outside the 6-8 week timescale.