Standardisation of PFI Contracts, Northern Ireland

May 12, 2006

The Addendum includes further draft guidance on:

? Criminal Damage;

? Confidentiality and Freedom of information;

? Capital contributions;

? Change of ownership;

? Insurance

? Payments in advance; and

? Direct Agreement subordination provisions.

It further provides in draft for a regime of permitted derogations that would allow Authorities to

make certain changes to SoPCNI Core Areas without need for referral to Strategic Investment

Board Limited (SIB).

This majority of this draft Guidance was implemented in England and Wales on 23 December 2005 to apply to Standardisation of PFI Contracts Version 3 (SoPC3). It followed extensive consultation with stakeholders in England and Wales. SoPCNI was based exclusively upon SoPC3 and only deviated from it where there was a need to reflect Northern Irish legal or policy matters.

The purpose of the consultation is to ensure that the draft Guidance is both legally appropriate for Northern Ireland and also to ensure that it accurately reflects the fast developing PFI market in Northern Ireland and Government policy on PFI in Northern Ireland.

As changes were required to Northern Ireland specific areas anyway, consultees should note that the SIB web-site also contains a re-drafted SoPCNI (in draft form) to reflect the above draft changes. Consultees may wish to refer to this re-draft to understand what effect the draft Addendum actually has. Consultees are asked to give comments by 2nd June 2006. Any such comments should be directed to Richard Goodfellow, Company Secretary, Strategic Investment Board Limited, Castle Buildings, Stormont Estate, Belfast BT4 3SR or

Please click on the links below to access the documents related to Further Guidance and Permitted Derogations and Clarifications;

Further Guidance and Permitted Derogations and Clarifications

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