Forms of Public Private Partnerships
Produced in partnership with Mathias Cheung of Atkin Chambers
Forms of Public Private Partnerships

The following Banking & Finance practice note produced in partnership with Mathias Cheung of Atkin Chambers provides comprehensive and up to date legal information covering:

  • Forms of Public Private Partnerships
  • Note on public procurement post-Brexit
  • Overview Public Private Partnerships
  • Conventional procurement
  • Form
  • Suitability
  • PFI/PF2
  • Form
  • PFI/PF2 documentation
  • Suitability
  • More...

Note on public procurement post-Brexit

The Implementation Period under the EU-UK Withdrawal Agreement came to an end on 31 December 2020 at 11:00 pm GMT (IP Completion Day), and all the changes introduced under the Public Procurement (Amendment etc) (EU Exit) Regulations 2020, SI 2020/1319 to the existing EU-derived public procurement legislation have now come into force (with the exception of the amendments set out in Regulations 7, 9, 11 and 16). This Practice Note has been updated to take into account these post-Brexit changes.

In addition, the UK government has published high-level guidance on public procurement post-Brexit, which has been updated after the IP Completion Day: Public procurement policy and Public-sector procurement.

Overview Public Private Partnerships

Public Private Partnerships (PPPs) should focus on promoting efficiency in public services. This can be done through risk sharing and utilising private sector expertise. Sources of capital which can be offered by the private sector can also relieve the pressure on public financing which is increasingly required.

There are numerous forms of PPP creating a family of procurement methods. The more traditional forms are:

  1. conventional procurement

  2. PFI/PF2

  3. partnerships such as LIFTCo’s and LEPs

  4. concessions, and

  5. Public Delivery Organisations

The newer/alternative forms of PPP are:

  1. joint ventures

  2. alliancing

  3. hybrid PPPs, and

  4. other models defined in the Government Construction Strategy Report (see guidance)

In the 2018 Budget (delivered on 29 October 2018), it was announced that

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