Managing the expiry of PFI contracts
Public Accounts Committee
Closed
Inquiry
Private finance initiative (PFI) contracts are a form of public private partnerships used in the UK since the 1990s. PFI is a way to finance and provide public sector infrastructure and capital equipment projects, such as roads, hospitals, and schools. PFI contracts set out a long-term agreement between the private …
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12
Recommendations
13
Conclusions
1
Report
1
Oral session
3
Letters
1
Event
Activity timeline 6 events
10 Sep
2021
2021
31 Aug
2021
2021
19 Mar
2021
2021
Report published
8 Mar
2021
2021
23 Feb
2021
2021
8 Feb
2021
2021
Oral evidence
Oral evidence sessions 1 session
8 Feb 2021
View on parliament.uk
Managing the expiry of PFI contracts
Charles Roxbourgh · HM Treasury
Matthew Vickerstaff · NISTA
Sean Hansen · Local Government Association
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| Fifty-First Report - Managing the expiry of PFI contracts | HC 1114 | 19 Mar 2021 | 25 | Responded |
Recommendations & Conclusions
19 results
3
Recommendation
Accepted
Fifty-First Report - Managing the …
Many authorities currently lack the skills, expertise and capabilities to successfully deliver PFI contract expiry,...
Many authorities currently lack the skills, expertise and capabilities to successfully deliver PFI contract expiry, with locally managed contracts most at risk. The IPA recognises that there is a huge demand for skills, expertise and capabilities in contract management—all of …
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Government Response
The government accepted the recommendation, committing the Treasury and IPA to write to the Committee by Summer 2021. They will outline a potential plan to address current PFI skill shortages, particularly for authorities with limited funds.
HM Treasury
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5
Recommendation
Accepted
Fifty-First Report - Managing the …
We are concerned that the approach to managing the expiry of PFI contracts risks authorities...
We are concerned that the approach to managing the expiry of PFI contracts risks authorities working in silos rather than collectively securing value for the taxpayer. In the education sector, there are examples where the ownership of the PFI assets …
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Government Response
The government agrees and states HM Treasury will set out its response by Summer 2021, outlining how taxpayer interests are being protected when PFI contract expiry involves a change of asset ownership between public bodies, specifically addressing the school academies issue.
HM Treasury
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6
Recommendation
Accepted
Fifty-First Report - Managing the …
The IPA has not set out a clear escalation process to avoid disputes between the...
The IPA has not set out a clear escalation process to avoid disputes between the public and private sector going through the courts. At expiry, all parties will want to maximise value from the PFI contract. Authorities will want to …
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Government Response
The government accepted the recommendation, stating the IPA intends to agree a disputes protocol with PFI investors by Summer 2022 to resolve issues before formal legal procedures. Specific guidance will be considered for wider underlying issues identified from disputes.
HM Treasury
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7
Recommendation
Accepted
Fifty-First Report - Managing the …
The IPA has not outlined clearly how it plans to engage with investors to ensure...
The IPA has not outlined clearly how it plans to engage with investors to ensure that authorities have access to all information needed to manage the expiry 8 Managing the expiry of PFI contracts process. Authorities need to monitor the …
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Government Response
The government accepted the recommendation, stating the IPA intends to develop a protocol with PFI investors to ensure transparency and compliance during the expiry process. The IPA will write to the Committee by Summer 2021 outlining further steps.
HM Treasury
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8
Recommendation
Accepted
Fifty-First Report - Managing the …
The IPA maintains a publicly available PFI database, which includes information on each of the...
The IPA maintains a publicly available PFI database, which includes information on each of the 700 contracts, such as the value of the project, annual payments, date the contract was signed and contract length. The database does not, however, include …
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Government Response
The government accepted the recommendation, stating the IPA will compile a central list of all PFI expiry dates by Winter 2021. It noted that the IPA already collects this data annually but relies on accurate departmental submissions.
HM Treasury
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10
Conclusion
Accepted
Fifty-First Report - Managing the …
The IPA recognised that more support was needed to address the “huge demand” for expertise,...
The IPA recognised that more support was needed to address the “huge demand” for expertise, skills and capability in contract management—all of which were currently insufficient. It explained that contracts owned by local bodies, which made up more than 80% …
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Government Response
The government agrees with the committee’s conclusion regarding the lack of expertise and commits to the Treasury and IPA writing to the Committee by Summer 2021. They will set out a plan to fill skill shortages, especially for authorities with limited funds for external support.
HM Treasury
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11
Recommendation
Accepted
Fifty-First Report - Managing the …
The IPA estimated it takes seven years to adequately prepare for the expiry of PFI...
The IPA estimated it takes seven years to adequately prepare for the expiry of PFI contracts.28 The Treasury recognised the importance of starting preparations early, both to ensure maximum value is extracted from the contracts in their final years and …
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Government Response
The government accepted the underlying recommendation, committing the IPA to publish a support plan and timetable for guidance notes by Summer 2021. The Treasury and IPA will also encourage departments to develop sector-specific guidance for PFI contract expiry.
HM Treasury
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12
Conclusion
Accepted
Fifty-First Report - Managing the …
We asked the IPA what assurance it could give that local authorities would be properly...
We asked the IPA what assurance it could give that local authorities would be properly supported and resourced to manage the expiry of their PFI contracts without having to fill gaps with potentially expensive consultants. The IPA accepted that procuring …
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Government Response
The government agrees, stating the IPA will publish a plan for supporting authorities with PFI contracts, including a timetable for guidance notes, by Summer 2021. HMT and IPA will also encourage departments to develop sector-specific guidance.
HM Treasury
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13
Conclusion
Accepted
Fifty-First Report - Managing the …
The IPA acknowledged that its existing team of experts was not enough resource to provide...
The IPA acknowledged that its existing team of experts was not enough resource to provide support to all 700 PFI contracts in a complex environment. Across the UK, 328 authorities are responsible for PFI contracts, with 182 authorities responsible for …
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Government Response
The government agrees, stating the IPA will publish a plan for supporting all authorities with PFI contracts, including a timetable for guidance notes, by Summer 2021. HMT and IPA will also encourage departments to develop sector-specific guidance.
HM Treasury
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14
Recommendation
Accepted
Fifty-First Report - Managing the …
In light of its recent £2 million budget increase, we questioned the IPA on whether...
In light of its recent £2 million budget increase, we questioned the IPA on whether it was adequately funded to support the expiry of assets worth around £60 billion. The IPA told us that the resource requirement for PFI expiry …
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Government Response
The government accepted the underlying recommendation, committing the IPA to publish a support plan and timetable for guidance notes by Summer 2021. The Treasury and IPA will also encourage departments to develop sector-specific guidance for PFI contract expiry.
HM Treasury
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15
Recommendation
Accepted
Fifty-First Report - Managing the …
Local Partnerships recognised that in order to prepare for the expiry of PFI contracts, authorities...
Local Partnerships recognised that in order to prepare for the expiry of PFI contracts, authorities needed both to start early, but also to know what they need to do through each stage of the process.37 The IPA started developing guidance …
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Government Response
The government accepted the recommendation, committing the IPA to publish a plan for supporting PFI authorities and a timetable for guidance notes by Summer 2021. The Treasury and IPA will also encourage departments to develop sector-specific guidance.
HM Treasury
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16
Conclusion
Accepted
Fifty-First Report - Managing the …
Once a PFI contract has expired, any cash remaining in the PFI company is distributed...
Once a PFI contract has expired, any cash remaining in the PFI company is distributed to shareholders and the company is closed. If any maintenance or rectification work is outstanding at this point, it will be almost impossible for the …
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Government Response
The government agrees with the committee’s conclusion and states the IPA intends to develop a protocol with investors by Summer 2021. This protocol will outline how PFI investors should operate during expiry, including requirements for transparency and contractual compliance to address monitoring and maintenance issues.
HM Treasury
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17
Conclusion
Accepted
Fifty-First Report - Managing the …
A PFI contract should grant an authority access to any information reasonably required to monitor...
A PFI contract should grant an authority access to any information reasonably required to monitor the PFI company’s performance. The NAO found that of the survey respondents who monitor the maintenance programme, 35% reported they had insufficient access rights to …
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Government Response
The government agrees, stating the IPA intends to develop a protocol with investors by Summer 2021. This protocol will outline how PFI investors should operate during the expiry process, including requirements for transparency and compliance with contractual obligations.
HM Treasury
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18
Recommendation
Accepted
Fifty-First Report - Managing the …
Local Partnerships explained that asset condition surveys are the most critical aspect of the expiry...
Local Partnerships explained that asset condition surveys are the most critical aspect of the expiry process as they tell the authority whether or not the assets are in a fit state. These surveys should identify the amount and cost of …
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Government Response
The government agrees with the recommendation and states that the IPA intends to develop a protocol with investors by Summer 2021. This protocol will outline how PFI investors should operate during the expiry process, including requirements for transparency and compliance.
HM Treasury
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19
Conclusion
Accepted
Fifty-First Report - Managing the …
Authorities have tools to encourage non-cooperative PFI companies to act but they vary from contract...
Authorities have tools to encourage non-cooperative PFI companies to act but they vary from contract to contract. As a minimum, all PFI contracts allow authorities to withhold a portion of their annual payments in the event of poor performance. Local …
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Government Response
The government agrees, stating the IPA intends to develop a protocol with investors by Summer 2021. This protocol will outline how PFI investors should operate during the expiry process, including requirements for transparency and compliance with contractual obligations.
HM Treasury
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20
Conclusion
Accepted
Fifty-First Report - Managing the …
In its written evidence to us, Affinitext told us that the primary objective of withholding...
In its written evidence to us, Affinitext told us that the primary objective of withholding annual payments was to ensure contractual compliance rather than maximising cash savings for the authority through imposing high penalties. It explained that if the process …
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Government Response
The government agrees with the committee’s point and states the IPA intends to develop a protocol with investors by Summer 2021. This protocol will outline how PFI investors should operate during expiry, including transparency and contractual compliance.
HM Treasury
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21
Conclusion
Accepted
Fifty-First Report - Managing the …
Any rectification work required should be completed before the expiry of the contract.
Any rectification work required should be completed before the expiry of the contract. Once the PFI company has closed, authorities have limited options to reclaim any money owed. One option for protecting against this is to build a retention fund, …
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Government Response
The government agrees, stating the IPA intends to develop a protocol with investors by Summer 2021. This protocol will outline how PFI investors should operate during the expiry process, including requirements for transparency and compliance with contractual obligations.
HM Treasury
View details
22
Conclusion
Accepted
Fifty-First Report - Managing the …
In managing the expiry of a PFI contract, all parties will want to maximise value...
In managing the expiry of a PFI contract, all parties will want to maximise value from the PFI contract. Authorities will want to inherit an asset in the best possible condition, as this will minimise any future maintenance costs and …
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Government Response
The government agrees with the committee’s observation on misaligned incentives and confirms the IPA intends to develop a protocol by Summer 2021. This protocol will outline how PFI investors should operate during the expiry process, including requirements for transparency and contractual compliance.
HM Treasury
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23
Recommendation
Accepted
Fifty-First Report - Managing the …
Each PFI contract should set out a formal dispute handling procedure.
Each PFI contract should set out a formal dispute handling procedure. The IPA told us that typically the process required a panel of experts, selected based on the nature of the dispute, to reach a judgement. If the panel cannot …
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Government Response
The government agrees and states the IPA intends to agree a disputes protocol with PFI investors by Summer 2022, aiming to resolve issues before formal contractual procedures. Specific guidance will be considered for wider underlying issues.
HM Treasury
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Correspondence 3 letters
10 Sep 2021
Correspondence from Matthew Vickerstaff, Deputy CEO, Infrastructure and Projects Authority, re Private Finance Initiative (PFI) Contracts, dated 16 August 2021
Parliament page
8 Mar 2021
Correspondence from Charles Roxburgh Second Permanent Secretary, HM Treasury, re Private Finance Initiative (PFI) contracts, dated 3 March 2021
Parliament page
23 Feb 2021
Correspondence from Sean Hanson, Chief Executive, Local Partnerships, re Managing the expiry of Private Finance Initiative (PFI) contracts, dated 16 February 2021
Parliament page