3 Grounds of Objection3

The expression raise comments in this paragraph shall be construed to mean raise comments or make objections unless the contrary appears from the context. The Authority Representative may raise comments in relation to any Submitted Item on the grounds set out in paragraph 2 or on the ground that the Submitted Item would (on the balance of probabilities) breach any Legislation but otherwise may raise comments in relation to a Submitted Item only as follows:

(a) in relation to any Submitted Item if:

(i) the Service Provider's ability to perform its obligations under this Agreement would (on the balance of probabilities) be adversely affected by the implementation of the Submitted Item; or

(ii) the implementation of the Submitted Item would (on the balance of probabilities) adversely affect any right of the Authority under this Agreement or its ability to enforce any such right;

(b) in relation to any Submitted Item submitted pursuant to clause 3.2 (Changes to Project Documents) if:

(i) the Authority's ability to perform its obligations under the Agreement would be adversely affected by the proposed course of action;

(ii) the Authority's ability to provide the [Care Services] or to carry out any of its statutory functions would (on the balance of probabilities) be adversely affected by the proposed course of action;

(iii) the proposed course of action would be likely to result in an increase to the Authority's liabilities or potential or contingent liabilities under the Agreement;

(iv) the proposed course of action would adversely affect any right of the Authority under the Agreement or its ability to enforce any such right; or

(v) the Service Provider's ability to perform its obligations under the Agreement would be materially adversely affected by the proposed course of action;

(i) which does not comprise 1:50 scale Room Layout Drawings the Authority Representative may raise comments, subject to and in accordance with paragraph 4 (Effect of Review) on the ground that the Submitted Item is not in accordance with:

(A) the Authority Construction Requirements; and/or

(B) the Service Provider Proposals;

(ii) which comprises a 1:50 scale Room Layout Drawing in respect of which there is a corresponding generic 1:50 scale Room Layout Drawing for the relevant room type (which has previously been reviewed and commented upon by the Authority Representative in accordance with this Schedule 9), the Authority Representative may raise comments, subject to and in accordance with paragraph 4 (Effect of Review), on the ground that the Submitted Item does not conform to the generic 1:50 scale Room Layout Drawing; and

(iii) which comprises a 1:50 scale Room Layout Drawing in respect of which there is no corresponding generic 1:50 scale Room Layout Drawing for the relevant room type (which has previously been reviewed and commented upon by the Authority Representative in accordance with this Schedule 9), the Authority Representative may raise comments, subject to and in accordance with paragraph 4 (Effect of Review), on the grounds that the Submitted Item:

(A) Is not in accordance with the Authority Construction Requirements and/or the Service Provider Proposals; or

(B) is inconsistent with any Guidance or Authority Policy which is applicable to a room of that function provided that such guidance has not been superseded by and is not inconsistent with any other provisions of the Authority Construction Requirements (including any existing Approved RDD Item);

(d) in relation to Finishes:

(i) which have the effect of making a selection from the Range of Finishes (or any alternative range or selection of Finishes submitted by the Service Provider to the Authority Representative) pursuant to clause 15.5(a) (Reviewable Design Data); or

(ii) where the Submitted Item does not comply with the relevant provisions of the Authority Construction Requirements and/or the Service Provider Proposals;

(e) In relation to the submission of any revised Programme pursuant to clause 18 (Programme and Dates for Completion) on the ground that the revised Programme would not (on the balance of probabilities) enable the Works to be completed by the Planned Completion Date;

(f) in relation to the submission of any Quality Plan or part of a Quality Plan or any changes to any Quality Plan pursuant to clause 23.4 (Compliance with Quality Plans) or clause 23.7 (Quality Assurance) or any quality manual or procedure in accordance with clause 23.10 (Quality Monitoring), on the grounds that such Quality Plans, or parts of or changes to such Quality Plans, quality manuals or procedures, or the quality management systems which they reflect, would not comply with:

(i) in the case of the Design and Construction Quality Plan, the requirements referred to in paragraph ♦ of Schedule 13 (Services Quality Plans) of Part 2 of Schedule 54 (Construction Matters); and

(ii) in the case of the Services Quality Plan, the requirements referred to in paragraph ♦ of Schedule 13 (Services Quality Plans);

(g) In relation to the submission of any proposed revision or substitution for the Service Delivery Plans or any part of any Service Delivery Plan (as the case may be) pursuant to clause 24.3 (Changes to the Service Delivery Plan) of this Agreement, on the grounds that:

(iii) the proposed revision or substitution is not in accordance with Good Industry Practice;

(iv) the performance of the Service in accordance with the proposed revision or substitution would (on the balance of probabilities):

(A) be materially different from the performance of the Service in accordance with the Service Delivery Plan prior to such proposed revision or substitution; or

(B) be less likely to achieve compliance with that part of the Services Specification relevant to that Service; or

(C) have an adverse effect on the provision by the Authority of the [Care Services] or on the safety of any Service Users; or

(v) the proposed revision or substitution would (on the balance of probabilities) result in an inferior standard of performance of the relevant Service to the standard of performance in accordance with the Service Delivery Plan prior to such proposed revision or substitution; and

(h) in relation to the submission of any Schedule of Programmed Maintenance, any revision to any Schedule of Programmed Maintenance pursuant to clause 25.1 (Programmed and Unprogrammed Maintenance) of this Agreement or in the case of the 5 year Maintenance Plan, clause 25.6 (5 Year Maintenance Plan) of this Agreement on the grounds that:

(i) carrying out the Programmed Maintenance in the period or at the times suggested would (on the balance of probabilities) interfere with the operations of the Authority and such interference could be avoided or mitigated by the Service Provider rescheduling the Programmed Maintenance; or

(ii) the proposed hours for carrying out the Programmed Maintenance are not consistent with the principles set out in Appendix 2 to this Schedule 9; or

(iii) the proposed method of performance of the Programmed Maintenance would not be in accordance with Part B of the Services Specification5; or

(iv) the safety of Service Users would (on the balance of probabilities) be adversely affected; or

(v) the period for carrying out the Programmed Maintenance would (on the balance of probabilities) exceed the period reasonably required for the relevant works.

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3 This drafting has been included as a framework for guidance and should be amended as appropriate on a project specific basis, including, in particular, to take account of how commissioning of the Facilities is to be carried out and any other matters that are to be left to be agreed pursuant to the Review Procedure (such as proposals for self-monitoring systems etc).

4 The reference should be to any core requirements of the Quality Plans forming part of the Agreement at Financial Close.

5 Authoritys need to consider (as a technical matter) the extent to which the terms of the Services Specification is sufficient to ensure that the Facilities will be maintained sensibly (for example, that material maintenance work is not being back-ended, with items of plant and equipment being made to operate beyond the design/programmed life expectancy).