4.1 The Certification Requirements are intended to and shall be satisfied by the Authority with respect to this Deed before the end of the period within which the Certification Requirements must be satisfied for this Deed to be a certified contract for the purposes of the Local Government (Contracts) Act 1997.
4.2 The Contractor hereby consents to the issue by the Authority of a certificate under Section 3 of the Local Government (Contracts) Act 1997 in respect of this Deed.
4.3 The relevant discharge terms within the meaning of section 6 of the Local Government (Contracts) Act 1997 are as set out in clause 4.4 below.
4.4 In the event of the making of a determination or order by a court on an application for judicial review or an audit review, the result of which is that:
4.4.1 both the Project Agreement and this Deed do not have effect or are otherwise unenforceable, the relevant discharge terms (within the meaning of Section 6 of the Local Government (Contracts) Act 1997) in relation to this Deed shall be the relevant discharge terms under [Schedule [12] (Relevant Discharge Terms)] of the Project Agreement (which shall apply without double counting to both this Deed and the Project Agreement); or
4.4.2 this Deed does not have effect or is otherwise unenforceable (but the Project Agreement continues to have effect and be enforceable), the relevant discharge terms (within the meaning of Section 6 of the Local Government (Contracts) Act 1997) in relation to this Deed shall be the same as the terms that would apply if section 7(2) of the Local Government (Contracts) Act 1997 had application in respect of this Deed.5
____________________________________________________________________________
5 See paragraph 4.1.2 and footnote 2 of the DfE's paper titled "Note for Local Authorities, PFI Contractors and Funders on PFI Academy vires concerns" dated 24 February 2012. The drafting set out in this Deed is a suggested form for the parties to consider, but they should take their own legal advice in relation to certification and relevant discharge terms.