VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 1)

VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 1)

VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 1)

                                                            

Screenshot from Youtube video of John Brace
Screenshot from Youtube video of John Brace

Below is a transcript of a video I’ve recorded about a range of local political matters. I’ve added some extra detail which I don’t say on the video in [] brackets and of course links to more detailed stories. I realised when I finished recording that I’d been talking for nearly eighteen minutes. It’s about a variety of local political issues.

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John Brace on local Wirral and Merseyside politics (part 1)


JOHN BRACE: Hello, I hope you can hear me clearly. I’m John Brace and I’m going to be filming a series of videos as due to the half term holidays next week, there’s a shortage of public meetings.

So, I thought I’d start off by looking at one of the bigger stories on my blog this week.

That was about what I said at a meeting of the Merseyside Fire and Rescue Authority to the Chair Cllr Dave Hanratty and his response about councillors’ expenses.

I suppose I’d better briefly explain what the situation is regarding councillors’ expenses and allowances.

Councillors on the Merseyside Fire and Rescue Authority are entitled to claim expenses for instance for travel to public meetings and each year they’re supposed to publish a table detailing each councillors’ name and how much has been spent over the year in expenses for that particular councillor in various categories.

In fact that’s a legal requirement, a very basic level of transparency.

However unfortunately what Merseyside Fire and Rescue Service was doing was, where they received invoices directly rather than councillors claiming back expenses they’d incurred themselves, where trips were booked through Capita, train travel that kind of thing, Merseyside Fire and Rescue Service were invoiced directly but this wasn’t appearing on the actual annual lists so that about £6,000 or so of expenses were being left off. So I have been pointing this out over the past few months.

There’s also the issue that councillors get paid allowances and on this National Insurance and presumably things like income tax were paid. Now those amounts weren’t included in the annually published lists either.

I did ask Councillor Hanratty earlier, I think it was the day before yesterday whether these amounts would be included in future, didn’t get an answer.

Asked a question about this at the Birkenhead Constituency Committee, told it was a matter for Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority.

I think they don’t want to give me answers on this, I think they hope I’ll just stop writing about it and move on to other things. After all I think there are far less councillors getting a taxi from home to the public meetings now since I started publishing what these expenses were for.

Anyway, another news story that’s seems to be popular on the blog is that Merseytravel’s Chief Executive David Brown is leaving. I think he’s leaving from some time next month to become Chief Executive of Transport for the North. Obviously that’ll be news for people that work at Merseytravel and I suppose you’re wondering what Transport for the North is!

Well it’s a new kind of regional body that’s been set up regarding transport matters and eventually it’ll become like Merseytravel is and the Combined Authority a statutory body. So I wish him luck in his new job and I think the Deputy Chief Executive Frank Rogers will be Acting Chief Executive until councillors decide on who the permanent Chief Executive should be, which should come to a future meeting in the future.

Anyway, another thing I’ve written about on the blog recently is to do with the whole Lyndale School closure matter. Now for those who have been following this story this is probably going to repeat what you already know, but Wirral Council officers said the reason the school had to close was that from 2016/17 which is the next academic year, that funding that they’d get for education from the government would be based on pupil numbers rather than place numbers.

Now at the moment I think there are about forty places at Lyndale School and about must be a dozen or so pupils. So basically they were saying that from next year, there would be a shortfall in Lyndale School’s budget.

But this hasn’t happened!

The Cabinet still decided to close the School, but the funding changes haven’t happened, Wirral Council will get the same funding as they did the previous year.

However despite them getting the same funding, they have actually made cuts from the SEN budget because there is flexibility at Wirral Council in that they can move money around within the education budget. They’ve still got to spend it on education, but they can move money around from say that allocated for teaching assistants for special educational needs to something else within that education budget and one of the things that’s been causing pressures on the budget is that they have a massive contract, I think it’s about half way through thirty years or something.

I’ve read through the contract and it’d take too long to go into here, but it’s a contract with Wirral Schools Services Limited for basically to rebuild a number of schools, but as well as the payments that relate to that there are also payments of millions a year I think that the schools have to pay this private company for services to do with the schools. For instance I think school meals is part of it, possibly cleaning and maintenance.

So the situation had been that Wirral Council was getting a grant from the government for some of this, but the contract meant that the costs were rising each year for PFI.

What was happening was, this money was being funded outside the education budget by Wirral Council. But then a political decision was made [by Wirral Council councillors] not to do this, which meant that a few million had to be cut out of the education budget elsewhere.

Hence why special educational needs got a cut, but again one of the other interesting twists and turns that came out in the Lyndale School saga is that the whole issue of whether the School should be closed or not seemed to arise around the time there was a revaluation of the land and buildings.

Off the top of my head I think the valuation was about £2.4 million [it was actually £2.6 million]. I’d better make it clear at this stage this is a what they call a technical, what’s it called, depreciated replacement cost value. It’s not a they send in an estate agent and they say how much would would we get for this and how much would we get for the school playing fields and so on?

No, it’s more they have to have on their asset list, a list of how much their assets are because obviously as a Council they have liabilities, they have to offset that with their assets.

But it’s a great shame what happened regarding Lyndale School, it’s not closed yet, it’ll close at the end of the academic year, but I think it could’ve been handled a lot better.

Obviously there’ve been recent revelations come out that the person that chaired the consultation meetings on the Lyndale School closure wasn’t in fact a Wirral Council employee, but is a what do you call it, a temp, a temporary worker because they couldn’t recruit somebody to the post [for £775+VAT/day].

He’s called Phil Ward and the problem was that, there was quite a bit of criticism levelled at him for the way he chaired the consultation meetings. Now obviously you can criticise anybody for chairing high profile consultation meetings. I’m sure there were criticisms of how Merseyside Fire and Rescue Authority did their consultation meetings.

But moving back to Merseyside Fire and Rescue Authority, the Saughall Massie issue, it was agreed by councillors on the Fire Authority to go ahead, they’ve agreed the four or so million pounds in the capital budget and a planning application has been submitted.

Now I’ve checked on Wirral Council’s website and I can’t see a planning application there yet but obviously they have to scan it in and put it on the website for consultation so people can make their comments and so on.

The other issue is there was a vote recently on whether Wirral Council should give the land or they may get something for it I don’t know, maybe they’ll give it to them, should give this land to Merseyside Fire and Rescue Authority for this new fire station in Saughall Massie.

Now, that was a five for, five against vote with one abstention so it got deferred to another meeting.

Now obviously it would be better if Wirral Council could make a decision reasonably quickly but I understand the point that councillors made at the meeting, that they felt they were only hearing one side of the argument and that they hadn’t got the information in front of them regarding the emails that had been released under Freedom of Information Act requests, they hadn’t heard the Fire and Rescue Service’s point of view because nobody had been invited along from the Merseyside Fire and Rescue Service and basically better decisions are made by politicians when they have the facts in front of them and they don’t like making decisions if they’re going to be made fools of later when it turns out there’s something they should’ve known or was in the public domain.

An example of that New Brighton car parking Fort Perch Rock fiasco. Now that went out to budget consultation, was agreed by Cabinet, was agreed by Council but what wasn’t known at the time was that Wirral Council had a lease for the Marine Point complex and that lease said that if Wirral Council introduced car parking charges at Fort Perch Rock, that they could be introduced in the car parking elsewhere there and Liverpool Echo journalist I think it was Liam Murphy got in touch with the company that runs the Marine Point complex and they said yes they’d have to introduce charges because obviously if Wirral Council had introduced charges at Fort Perch Rock car park then it would’ve displaced some parking to the free parking elsewhere, so then they’d feel they’d have to introduce charges themselves, but once these matters came out then there was a U-turn done on it and they decided they’ll make up the budget shortfall somewhere else.

But that goes back to my point about politicians having the information in front of them so they can make reasonably informed decisions. Now the reports that go before officers, sorry politicians whether that’s at Wirral Council, Liverpool City Council, Merseyside Fire and Rescue Service, Merseytravel and so on are written by officers. That is employees of the particular public body that the politicians are politicians for.

But there’s a question of, officers can have a particular point of view and make a recommendation and therefore ask the councillors to approve it, but officers aren’t actually going to know everything, but where do the public fit in all this?

Because of course in an ideal world, like for instance the Planning Committee yesterday where the public gets to speak for five minutes if they’ve got a qualifying petition. In an ideal world, if you were making a decision, say a major decision about a fire station being built, well that’s two decisions really, it’s a planning decision and whether Wirral Council give them the land. When you’re making a major decision like that, then not only should you have some sort of consultation with the public and by consultation I don’t mean publishing the papers for the meeting a week before, although that does give some advance warning so people can lobby the decision makers.

I’m talking about that people who are affected by the decision should have their say at a public meeting and I know there’ve been consultation meetings, that the Merseyside Fire and Rescue Service have run and that’s fine. But what I’m saying is the ball’s now in Wirral Council’s court, there has to be the usual consultation on planning applications, but it’s a very emotive issue.

And I think basically if I can sum up the positions, Merseyside Fire and Rescue Service have received a grant for some of the cost of this fire station and of course with the West Kirby and Upton fire stations being closed, they’ll receive something for the sale of those but basically they want to build it now in Saughall Massie because the site in Greasby has been withdrawn.

But the problem is that this is greenbelt land and there’s a lot of resistance from the residents regarding a fire station there.

Now in the not too distant past Merseyside Fire and Rescue Service did put in a planning application for a temporary fire station in Oxton while Birkenhead Fire Station was being rebuilt. I know that was later withdrawn but that caused a similar level of fuss and outrage and politicians saying they were against it and so on.

But the problem was that was only a temporary ~12 month arrangement, eventually they found some way round finding somewhere else. But the same issues that were brought up then, have been brought up regarding this Saughall Massie issue, you know the issues regarding sirens, traffic and so on but I think the elephant in the room really for Merseyside Fire and Rescue Service is that a number of the fire stations they’ve got are part of the PFI scheme, so they can’t close those without massive penalties.

I mean I think Birkenhead Fire Station is one example of one of the fire stations they’ve got under this PFI scheme.

So there are fire stations they can’t shut, so that leaves if they want to make any budget savings, for instance through cutting jobs and merging fire stations, they’ve only got the ones that aren’t the PFI fire stations that they can choose from.

And that’s part of the reason why Upton and West Kirby got chosen.

But I think one of the things that has currently got the public going, is that after there was pressure put regarding the Greasby site, that the offer of Greasby where there’s a library and community centre there was withdrawn and people are asking why Wirral Council isn’t doing the same thing with Saughall Massie?

Well basically these are decisions yet to be determined, it’s a party political matter because three political parties involved in the last decision on this voted three different ways, but I can see a problem because firstly Merseyside Fire and Rescue Service can’t keep Upton and West Kirby open. They just don’t have the budget for the amount of firefighters that would take.

Now one alternative is, just keep Upton open, now the downside to this according to the Chief Fire Officer is that this would increase response times to the Hoylake and West Kirby area, so that’s why they want somewhere roughly in between the two stations.

However then people raised the issue of Upton’s close to Arrowe Park Hospital, so it’ll take longer to get to there so wherever you have a fire station there’ll be people that have a quick response time and people that have a slow response time.

But the fire engines aren’t always at the fire station all the time, I mean about half the time they’ll be called out on a job, well maybe a bit more than that, they’ll be out somewhere else and that can’t really be predicted where they’d be at, whether they’d be fitting a smoke alarm or something like that.

So there are a lot of issues to do with the Saughall Massie fire station and basically I’ll be reporting on it, but at the same time I think it’s interesting seeing both the Merseyside Fire and Rescue Authority meetings and the Wirral Council meetings and how this issue has been dealt with at both of them.

Of course if the government hadn’t offered Merseyside Fire and Rescue Service a large grant to build a new fire station there, then I doubt this would’ve gone ahead, admittedly they could’ve borrowed the money or found the money from somewhere but I think that what’s interesting is I did make a FOI for the grant application that they made to DCLG, was told that this information would be published in the future so I couldn’t have it now and I’d have to wait till after the consultations were finished and by that they didn’t just mean the Upton and West Kirby consultations but they meant the other consultations because this grant is not just for a fire station at Saughall Massie, there are similar consultations and mergers and closures happening elsewhere across Merseyside.

So hopefully that will sum up things and I’ll point out that tonight at the Wallasey Constituency Committee, I won’t be there but I noticed because I read through the reports and the agenda, that the Motability, they have a little place in Birkenhead that hires out wheelchairs and things like that are looking to set up a place in New Brighton, so people can hire wheelchairs and that kind of thing.

So that’s a possibly positive move for New Brighton, because I know there’s been a lot of criticism at New Brighton and a large petition over the dropped car parking plans.

Anyway I’d better finish for now, but thanks for listening.

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18 more pages of the Wirral Council Schools PFI contract including the Bebington High headlease

18 more pages of the Wirral Council Schools PFI contract including the Bebington High headlease

18 more pages of the Wirral Council Schools PFI contract including the Bebington High headlease

                                                  

Wirral Council has a Schools PFI contract with Wirral Schools Services Limited. The contract is very long, too long to fit in one blog post.

The first 17 pages of the contract have been previously published here, followed by the next 6 pages and the next 38 pages of the mammoth contract here.

What I scanned in today was part of one of the schedules about land. Included below is the Bebington headlease along with the index page for the schedules.

Wirral Borough Council Wirral Schools Services Limited PFI contract cover page
Wirral Borough Council Wirral Schools Services Limited PFI contract cover page

CONFORMED COPY

(1) WIRRAL BOROUGH COUNCIL

(2) WIRRAL SCHOOLS SERVICES LIMITED


SCHEDULES VOLUME 1

(SCHEDULES 1-3)


Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 1 (Land) to Schedule 3 (Works) page 1 of 4
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 1 (Land) to Schedule 3 (Works) page 1 of 4

CONFORMED COPY

INDEX OF SCHEDULES

SCHEDULE     HEADING
SCHEDULE 1 LAND
Part 1 Bebington Headlease
Part 2 Hilbre Headlease
Part 3 Park High Headlease
Part 4 Prenton High Headlease
Part 5 South Wirral High Headlease
Part 6 Wallasey Headlease
Part 7 Not used
Part 8 Weatherhead Headlease
Part 9 Wirral Girls Headlease
Part 10 Bebington Underlease
Part 11 Hilbre Underlease
Part 12 Park High Underlease
Part 13 Prenton High Underlease
Part 14 South Wirral High Underlease
Part 15 Wallasey Underlease
Part 16 Not used
Part 17 Weatherhead Underlease
Part 18 Wirral Girls Underlease
Part 19 Plans
SCHEDULE 2 FINANCIAL MATTERS
Part 1 Lender’s Direct Agreement
Part 2 The Council’s Design and Building Contract Direct Agreement
Part 3 The Council’s Support Services Management Direct Agreement
Part 4 Design and Building Contract Performance Guarantee
Part 5 Support Services Management Agreement Performance Guarantee
Part 6 Initial Senior Funding Agreements
Part 7 Other Initial Funding Agreements
Part 8 Rules for Refinancing
SCHEDULE 3 WORKS
Part 1 Design Development Procedure
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 3 (Works) to Schedule 9 (Insurance) page 2 of 4
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 3 (Works) to Schedule 9 (Insurance) page 2 of 4
Part 2 Prohibited Materials
Part 3 Schedule of Key Dates
Part 4 Outline Design Documents
Part 5 The Completion Standards
Part 6 Decant Programme Methodology
Appendix 1 Decant Programme: Park High
Appendix 2 Decant: Further Obligations
Part 7 Handback Requirements
Part 8 Project Programme
Part 9 Construction Site Rules
Part 10 Handback Survey
SCHEDULE 4 PAYMENTS
Part 1 Definitions
Part 2 Services Contract Payment
Part 3 Performance Deduction Look-Up Table
Part 4 Table of Service Units per School
Part 5 Monitoring
Part 6 Utility Services
Part 7 Third Party Use
Part 7A Catering
Part 8 Value for Money Testing
Appendix 1 Form of Performance and Payment Report
SCHEDULE 5 ACCOMMODATION SERVICES OUTPUT SPECIFICATIONS
SCHEDULE 6 SUPPORT SERVICES OUTPUT SPECIFICATIONS
Part 1 Building and Asset Maintenance Output Specification
Part 2 Support Service Requirements and Performance Tables
Part 3 Service Level Agreements
Part 4 Service Level Agreements Alteration Procedure
SCHEDULE 7 REPORTS AND RECORDS
Part 1 Reports
Part 2 Records
SCHEDULE 8 VARIATIONS
Variation Notice
SCHEDULE 9 INSURANCE
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 9 (Insurance) to Schedule 19 (Admission Agreements and Bonds)  page 3 of 4
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 9 (Insurance) to Schedule 19 (Admission Agreements and Bonds) page 3 of 4
Part 1 The Part 1 Insurance Period
Part 2 The Part 2 Insurance Period
Appendix 1 Endorsements
Appendix 2 Broker’s Letter of Undertaking
Appendix 3 Business Interruption Insurance – the Authority’s Obligations as Insurer
Appendix 4 Schedule of Insured Parties
SCHEDULE 10 LIAISON COMMITTEE
SCHEDULE 11 COMPENSATION ON TERMINATION
Part 1 Definitions
Part 2 Project Co Default
Part 3 Authority Default
Part 4 Notice by the Authority
Part 5 Force Majeure, Uninsurability and Planning Challenge
Part 6 Corrupt Gifts
SCHEDULE 12 DISPUTE RESOLUTION
SCHEDULE 13 SENIOR REPRESENTATIVES
SCHEDULE 14 COMPENSATION EVENTS
SCHEDULE 15 METHODOLOGY FOR ASBESTOS
Appendix 1 MB Wirral Policy
Appendix 2 Asbestos Survey Risk Assessment
SCHEDULE 16 LIQUIDATED DAMAGES
SCHEDULE 17 QUALITY SYSTEMS
Part 1 Design and Build Period Quality System
Part 2 Operational Period Quality System
Appendix A Quality Policy
Appendix B Certificate of Approval
Appendix C Proposed QA Implementation Plan
Appendix D Contact Directory
Appendix E Local Procedures
SCHEDULE 18 EMPLOYEES
Part 1 Employee Information
Part 2 Terms and Conditions of Employment
SCHEDULE 19 ADMISSION AGREEMENTS AND BONDS
Part 1 Jarvis Workspace FM Limited
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 19 (Admission Agreements and Bonds) to Schedule 24 (New Moveable Equipment Schedule of Rates)  page 4 of 4
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 19 (Admission Agreements and Bonds) to Schedule 24 (New Moveable Equipment Schedule of Rates) page 4 of 4
Part 2 Compass Group PLC
Part 3 MTL Commercial Limited
SCHEDULE 20 STAFF SECURITY PROTOCOL
SCHEDULE 21 OPERATIONAL SITE RULES
SCHEDULE 22 DRAFT TRANSITIONAL SERVICES AGREEMENT
SCHEDULE 23 CITY LEARNING CENTRE
SCHEDULE 24 NEW MOVEABLE EQUIPMENT SCHEDULE OF RATES
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 1 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 1 of 13

SCHEDULE 1

LAND

Part 1

Bebington Headlease

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 2 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 2 of 13

DATED                2001


(1) WIRRAL BOROUGH COUNCIL

(2) WIRRAL SCHOOLS SERVICES LIMITED


HEADLEASE

-of-

Bebington High School, Bebington Road

Bebington, Merseyside


THIS LEASE IS A NEW TENANCY FOR THE

PURPOSES OF THE LANDLORD AND TENANT

(COVENANTS) ACT 1995

ROWE & MAW

20 Black Friars Lane

London EC4V 6HD

Tel: 020 7248 4282

Fax: 020 7248 2009

Ref: 709/476/27909.00001

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 3 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 3 of 13

CONTENTS

Clause Subject Matter Page
     
1. Definitions and Interpretation 4
2. Demise and Rents 6
3. Tenant’s Covenants 6
4. Landlord’s Covenants 8
5. Agreements and Declarations 8
6. New Tenancy 9
Schedule 1 (The Premises)
Schedule 2 (Easements and Rights granted)
Schedule 3 (Rights excepted and reserved)
Schedule 4 (The documents (if any) containing incumbrances to which the Premises are subject)
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 4 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 4 of 13

THIS LEASE made the        day of        2001

BETWEEN:

WIRRAL BOROUGH COUNCIL of Town Hall, Brighton Street, Wallasey, Wirral, Merseyside, CH44 8ED (the “Landlord”); and

WIRRAL SCHOOLS SERVICES LIMITED having its registered office at Frogmore Park, Watton-at-Stone, Hertfordshire SG14 3RU (registration number 4115637) (the “Tenant”).

WITNESSES as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this lease the following expressions have the respective specified meanings (subject to any particular interpretation required by clause 1.2):

“Adjoining Premises” means any land or buildings neighbouring or adjoining or adjacent to the Premises;

“Buildings” means the buildings now or hereafter during the Term at the Premises and “Building” means any one of them;

“Permitted Use” means use of the Premises to comply with the obligations and exercise the rights of the Tenant under the Project Agreement;

“Perpetuity Period” means the period of eighty years from the date hereof which is the perpetuity period applicable to this lease;

“Plan” means the plan attached hereto;

“Premises” means the Premises described in Schedule 1;

“Project Agreement” means the agreement entitled Project Agreement made between (1) the Landlord and (2) the Tenant dated                              and as varied from time to time under Clause 32 thereof or supplemented or any other agreement superseding that agreement or substituted for that agreement and in either case expressed to be made subsequent to it;

“Rent” means a peppercorn, if demanded, per annum;

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 5 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 5 of 13

“Service Media” means all sewers drains pipes gullies gutters ducts mains channels wires cables conduits flues and any other conducting media;

“Services” means soil water electricity gas compressed air telecommunications signals and other liquids gasses or signals capable of passing along or through Service Media; and

“Term” means a term of 30 years from and including the date hereof subject to the provisions for the prior determination of the Term hereinafter contained;

1.2 Interpretation

(1) Words importing the singular include the plural and vice versa and words importing one gender shall include both genders.

(2) Where a party comprises more than one person covenants and obligations of that party take effect as joint and several covenants and obligations.

(3) A covenant by the Tenant not to do (or omit) any act or thing also operates as a covenant not knowingly to permit or suffer it to be done (or omitted) and to prevent (or as the case may be to require) it being done.

(4) References in this lease to:

(a) any clause sub-clause schedule or paragraph is a reference to the relevant clause sub-clause schedule or paragraph of this lease and clause and schedule headings shall not affect the construction of this lease;

(b) the Premises shall be construed as extending to any part of the Premises and shall include all and each and every part of any:

(i) Buildings from time to time thereon;

(ii) Service Media within the Premises and exclusively serving the Premises;

(iii) additions alterations and improvements thereto; and

(iv) Landlord’s fixtures and fittings therein;

(c) any statute (whether generally or specifically) shall include all derivative instruments orders regulations and in each case any re-enactment or modification thereof from time to time.

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 6 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 6 of 13

2. DEMISE AND RENTS

Subject to compliance by the Tenant with its obligations under the Project Agreement the Landlord DEMISES unto the Tenant ALL THAT the Premises TOGETHER WITH the easements and rights (in common with the Landlord and all others with its authority or otherwise from time to time entitled thereto) specified in Schedule 2 which shall enure for the benefit of the Tenant and all those expressly authorised by the Tenant EXCEPT AND RESERVING to the Landlord and all other persons from time to time entitled to the rights mentioned in Schedule 3 TO HOLD the Premises unto the Tenant for the Term SUBJECT to:

(a) the provisions contained or referred to and rights granted to any party in the documents specified in schedule 4 insofar as they relate to the Premises;

YIELDING AND PAYING therefor during the Term to the Landlord the Rent payable annually in advance the first payments being made on the date hereof.

3. TENANT’S COVENANTS

The Tenant COVENANTS with the Landlord:

3.1 Pay rent

To pay the Rent without deduction set-off or counterclaim at the times and in the manner aforesaid.

3.2 Use

Not to use the Premises for anything other than the Permitted Use.

3.3 Easements

(1) Not to obstruct any window or light or abandon any easements from time to time enjoyed by the Premises.

(2) To give immediate written notice to the Landlord of any encroachment on or circumstances which might result in the acquisition of any easement or other right over the Premises and at the Tenant’s expense to take or join in such proceedings or take such other steps as the Landlord may require to prevent any such acquisition.

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 7 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 7 of 13

3.4 Incumbrances

To comply with all covenants and other matters relating to the Premises (and in particular those contained or referred to in the documents specified in schedule 4) so far as they are enforceable and still subsisting.

3.5 Alienation

(a) The Tenant shall not assign, underlet, charge, hold on trust for another, part with or share possession or occupation of the whole or any part or parts of the Premises except as may be permitted or required by this lease. For the avoidance of doubt, nothing in this Clause 3.5(a) shall prevent the Tenant from charging the whole of the Premises in favour of any person providing funding under the Funding Agreement (as defined in the Project Agreement) from time to time.

(b) Notwithstanding the terms of Clause 3.5(a) the Tenant must assign the whole of the lease to a permitted assignee of the Tenant’s interest under the Project Agreement, such assignment of this lease to take place simultaneously with the assignment of the Project Agreement.

(c) The Tenant shall not underlet any part or the whole of the Premises without the consent of the Landlord save that the Tenant shall be permitted to grant an underlease of the whole of the Premises to the Landlord on the date hereof in the form of the underlease annexed to the Project Agreement.

3.6 Overriding lease

If at any time during the Term the Landlord shall grant a tenancy of the reversion immediately expectant on the determination of this lease whether persuant to section 19 Landlord and Tenant (Covenants) Act 1995 or otherwise any covenant on the part of the Tenant to obtain the consent of the Landlord under this lease to any dealing shall be deemed to include a further covenant also to obtain the consent of the lessor under such tenancy to such dealing.

3.7 Permit Entry

To permit the Landlord and any others authorised by the Landlord to enter the Premises on reasonable notice at reasonable times (except in emergency) to ascertain that the covenants on the part of the Tenant in this lease are being observed and performed and to enable the Landlord to exercise his rights or fulfil its obligations

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 8 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 8 of 13

under the Project Agreement subject to complying with the obligations of the Landlord under the Project Agreement.

3.8 Project Agreement

The parties to this lease agree that where the provisions of this lease and the Project Agreement conflict, the terms of the Project Agreement shall prevail.

4. LANDLORD’s COVENANT

The Landlord covenants with the Tenant that the Tenant paying the rents and complying with its obligations under this lease and the Project Agreement may peaceably hold and enjoy the Premises during the Term without any interruption by the Landlord or any person lawfully claiming through under or in trust for it.

  1. AGREEMENTS AND DECLARATIONS

PROVIDED ALWAYS AND IT IS AGREED AND DECLARED

5.1 Exclusions

(1) The Tenant shall not have the benefit of any easement right or privilege other than those expressly hereby granted.

(2) Any rights granted or reserved by this lease in respect of anything which does exist at the date hereof shall be effective only if it comes into existence before the expiry of the Perpetuity Period.

(3) The Landlord gives no express or implied warranty that the Permitted Use will be or remain a lawful or authorised use under the Planning Acts or otherwise.

(4) So far as the law shall allow the right of the Tenant (or any undertenant) to compensation on quitting the Premises is excluded.

5.2 Notices

Clause 54.10 of the Project Agreement shall apply in respect of any notices or other communications served or required to be served hereunder.

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 9 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 9 of 13

5.3 Termination

If the Project Agreement is terminated for any reason or expires the Term shall automatically determine without notice but without prejudice to any claim by one party in respect of any antecedent breach of any obligation of the other under this lease.

5.4 Exclusion of Landlord and Tenant Act 1954

Having been authorised to do so by an order of the            Court made on            under section 38(4) of the Landlord and Tenant Act 1954 (as amended) the parties agree that the provisions of sections 24 to 28 inclusive of the Landlord and Tenant Act 1954 (as amended) shall be excluded in relation to the tenancy hereby created.

  1. NEW TENANCY

This lease is a new tenancy for the purposes of the Landlord and Tenant (Covenants) Act 1995.

IN WITNESS whereof this lease has been duly executed as a deed (but not delivered until) the day and year first above written.

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 10 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 10 of 13

SCHEDULE 1

(The Premises)

The land and buildings and structures known as Bebington High School Higher Bebington Road Bebington Merseyside shown for the purpose of identification only edged in red on the Plan.

SCHEDULE 2

(Easements and Rights granted)

1. Subject to the Tenant not interfering with any rights granted to any tenant under any lease existing at the Execution Date full right and liberty at any time at the cost of the Tenant to divert (both to the whole and any part of it) the route of any Service Media which the Landlord has the right to use pursuant to Schedule 3 of this Lease whether temporarily or permanently provided that:-

1.1 the Tenant shall give reasonable prior written notice of any such diversion to the Landlord and any other person so entitled;

1.2 all works of diversion shall be carried out in a proper and workmanlike manner in accordance with good practice current at the time and with good quality suitable and sufficient materials as to provide the Landlord and any other person so entitled with Service Media of at least equivalent size quality and capacity to those with are being diverted;

1.3 so far as possible the passage or running of the Services through such Service Media shall not be disrupted and the Tenant will provide temporary arrangements during any period of diversion of permanent Service Media.

2. A right to build upon and to demolish maintain repair replace and renew any buildings upon the Premises to enable the Tenant to comply with or perform its obligations and exercise its rights under the Project Agreement.

3. A right of support and shelter for the Premises from any Adjoining Premises owned by the Landlord.

4. A right (subject to the provisions of paragraph 1 of this Schedule) to the free and uninterrupted passage and running of all services from and to the Premises through and

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 11 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 11 of 13

along all Service Media from time to time within but not exclusively serving any Adjoining Premises.

SCHEDULE 3

(Rights excepted and reserved)

1. A right for the Landlord and all those authorised by the Landlord to enter upon the Premises for the purpose of fulfilling any obligations on the part of the Landlord pursuant to the Project Agreement and for all purposes mentioned in this lease but subject to complying with the obligations of the Landlord in the Project Agreement.

2. A right (subject to the provisions of paragraph 1 of Schedule 2 of this Lease) to the free and uninterrupted passage and running of all services from and to any Adjoining Premises through and along all Service Media from time to time within but not exclusively serving the Premises.

3. A right for the Landlord and all those authorised by the Landlord to enter those parts of the Premises which are not built upon at all reasonable times (having regard to the Tenant’s obligations under the Project Agreement) on giving reasonable notice (except in emergency) and the right to inspect construct lay maintain repair replace alter or renew any Service Media and to make connections to any Service Media within the Premises the person exercising this right doing as little damage and causing as little inconvenience as possible and making good any damage to the Premises thereby occasioned and carrying out all works in a proper and workmanlike manner in accordance with good practice current at the time and with good quality suitable and sufficient materials and at no time shall the exercise of the Landlord’s rights under this paragraph 3 interfere with the Tenant’s obligations under the Project Agreement.

4. All rights of light or air now subsisting or which might (but for this exception) be acquired over any other land.

5. A right to build upon and demolish maintain repair replace and renew any buildings upon any part of any Adjoining Premises owned by the Landlord and any other land owned by the Landlord in such manner as the Landlord may think fit.

6. A right of support and shelter from the Premises for any Adjoining Premises owned by the Landlord.

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 12 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 12 of 13

Schedule 4

(The documents containing incumbrances to which the Premises are subject)

The rights, reservations, covenants and other matters referred to in the Registers of Title Number MS435412.

Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 13 of 13
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 13 of 13

THE COMMON SEAL of WIRRAL )
BOROUGH COUNCIL )
was affixed to this Deed in the )
presence of
: )

…………………………………….
As authorised officer

THE COMMON SEAL of WIRRAL )
SCHOOL SERVICES LIMITED )
was hereunto affixed in the presence of:)

Director

Director/Secretary

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