21  Guidance

It will be necessary on a non-HRA Project to ensure that the definition of Guidance covers all guidance which applies to an RSL or RP issued by the TSA (given that the assets the subject of the PFI are owned by an RSL or RP).  This is particularly so where detailed and bespoke availability and performance standards are not (on value for money grounds) set out in the Project Agreement (with the Authority instead relying upon the regulatory regime established by the TSA to govern the standard to which services are to be provided).  See paragraph 22 of this Guidance. Accordingly, the definition of Guidance set out in HPP should be amended to ensure that it covers guidance which an RSL or RP is bound to comply with.  Suitable drafting is set out at paragraph 48 of this Guidance.