By email
Date: / 12 April 2010
Our ref: / RFI 2157
Your ref:
Dear Mr Taylor
FREEDOM OF INFORMATION ACT 2000
REQUEST FOR INFORMATION CONCERNINGPFIFORSANDHILLVIEWSCHOOL
I confirm that your request for information concerning PFI in SandhillViewSchool has been considered. Please find my response detailed below.
Requests and associated responses
1. (In the context of our response to your request reference 2095…) can I ask how long the tender applications were held for? Was it 10 years? Is the length of time they are held for governed under a national policy or is the decision made at local council level?
It is a matter for each authority to determine its policy and schedule for document retention. Some documents may be governed by statutory law, while others are drafted in accordance with guidance issued by the National Archives, Records Management Society of Great Britain, and through consultation with the relevant Council officers.
As a guide please find enclosed Sunderland’s retention schedule for Contracts and Tenders, which came into effect in August 2005. As the PFI for Sandhill View predated this schedule, and there were no legal requirements to retain such documents for minimum periods, itwas a matter for the authority to decide. Consequently, the documents were disposed of following contract signature in August 2001 with the successful contractor.
2. Can you confirm that Semperian have a 100% shareholding in Sunderland CLC Schools Services Limited? If not can you please break down the shareholding by percentage and the respective companies who have shareholding in this company?
Semperian PPP Investment Partners Limited became theonly shareholder in Sunderland CLC Schools Services Limited in January 2009
3. Can you please identify and provide copies of any documents and/or correspondence mentioning the company registered as: SUNDERLAND CLC SCHOOLS INVESTMENT COMPANY LIMITED
The PFI contractor is Sunderland CLC School Services Ltd; Sunderland CLC Schools Investment Ltd is a separate company registered at Companies House and a separate legal entity. The Council has no contractual relationship with Sunderland CLC Schools Investment Ltd. There is is a creditor/ funder subordination agreement between NIB Capital Bank and Sunderland CLC Schools Investment Ltd in relation to Sunderland CLC School Services Ltd. The Council is not a party to this agreement and its disclosure is covered by the confidentiality clause contained in the PFI Contract. Theyare entitled tomake furtherenquiries at Companies House regarding this company.
Both companies are listed with Companies House, from whom further information may be obtained if required:
Company / Registration Number / Registered OfficeSunderland CLC Schools Investment Company Limited / 04226705 / ST.MARTINS HOUSE
1 GRESHAM STREET
LONDON
UNITED KINGDOM
EC2V 7BX
Sunderland CLC School Services Limited / 04153442 / ST.MARTINS HOUSE
1 GRESHAM STREET
LONDON
UNITED KINGDOM
EC2V 7BX
4. Please can you supply me with a copy of the confidentiality agreement that was agreed between the council and SCLCSS Ltd?
There is a general commercial confidentiality provisioncontained within clause 61 of the PFI contract to prohibit the disclosure of all matters relating to the Agreement and the Project Documents, save where required by the law.
As previously discussed in relation to your previous request (ref: 2095), we are seeking the Contractor’s views on the release of the PFI Contract in accordance with Section 43 of the Freedom of Information Act. As the confidentiality agreement is an integral part of this contract, it is also subject to the same provisions under Section 43 of the Act before release can be considered.
5. Also please can you supply me with a copy of all the council minutes which discussed and passed the PFI agreement?
Reports regarding the PFI agreement were made to Cabinet on:
- 24 May 2000 (Affordability)
- 20th September 2000 (Procurement)
- 11th April 2001 (Preferred Bidder)
- 20 June 2001 (Key legal, financial and commercial terms).
Please find enclosed copies of the minutes of these meetings.
I hope this is satisfactory. However, if you are dissatisfied with our response to your request for information, you may request a further review. This will be removed from the Directorate and coordinated by the Council’s Information Manager. A request for further review should be addressed to the Information Manager, PO Box 100, Civic Centre, Sunderland, SR2 7DN.
Should you have any queries about anything contained in this letter, please do not hesitate to contact me on the number below.
Yours sincerely
Nick HumphreysInformation Sharing & Management Officer
Direct Tel: / 0191 561 1303
Email: /