23.1  Maintenance

No

SoPC4 clause/ reference

PA clause/ reference

Description / Extent of non-compliance

Comments/Reason for departure

HCA/CLG/IUK Response

 

 

 

[Each derogations table should be a stand-alone document and contain the actual drafting amendments redlined against the relevant clause from the Housing PFI Project Agreement. Where new wording or additional clauses are being proposed, the full text of those new or additional clauses should be shown here as redlined insertions. Similarly, where clauses are being deleted, the wording which is being removed should be shown here as redlined deletions.

[Where a derogation sought is project specific, detailed justifications as to what makes it project specific must be stated in this column. Merely noting that a derogation is "project specific" with no project specific reasoning is insufficient. Similarly, 'better value for money must be evidenced. Furthermore please also note that derogations that are for clarificatory drafting purposes only are not project specific and are not acceptable derogations.]

 

 

EXAMPLE OF FORMAT ONLY:

 

 

 

2

11.1.4 (Maintenance)

23 Conditions of the Properties

Sub-clause 23.1 Maintenance

(b)  it can maintain the design intention of the Dwellings and Properties and the Community Centres and the Unadopted Communal Areas to achieve their full working life as set out in the Output Specification for the duration for the Contract Period

Project specific.  The Commencement Date rather than an Effective Date is the trigger for the contract as there are no conditions precedent on the Project.

HCA response 28/05/09
Rejected.  This is an unnecessary amendment to HPP.  The reason given does not address the change made.

Council Response 02/06/09
Withdrawn.

IUK Comment 12/06/09
Noted thank you.

HCA Comment 14/06/09
Noted.