First Annual Conference and Exhibition 2018 First of

First Annual Conference and Exhibition 2018

First of All - House Keeping: Fire Drills There are no drills scheduled during the event today. Evacuation In the case of an emergency there will be 2 tannoy announcements: “This is a staff announcement will the safety officer please report to the main entrance” - This means standby and be aware “An emergency situation has arisen within the stadium, please leave the stadium in an orderly manner, by the nearest available exit” - Followed by continuous beeps - Only evacuate if you here this announcement In the case of an evacuation, please leave the suite via the sign-posted exits leading out of the Sir Alex Ferguson Stand. Please follow room manager / steward directions to the cluster areas located at the back of N 2 car park. You will be instructed when you may re-enter the stadium.

A Few Other Bits of House Keeping: Smoking & Parking This is a no smoking venue, including the use of e-cigarettes. Please exit the stand via the glass doors you came in through. Smoking shelters are located outside. Parking is car park N 2. Toilets There are toilets situated within the Manchester Suite including a disabled toilet. There also more toilets on the lower level of the Manchester Suite. Mobile Telephones Please turn your telephone to silent during presentations. If you need to take a call during the sessions, please do so outside the Manchester Suite. PLEASE PARTICIPATE THROUGHOUT THE DAY – AS THE AUDIENCE YOU HAVE A GREAT INPUT INTO THE DAY! FOLDERS WITH AGENDA ARE ON YOUR TABLE.

Agenda for Today 10. 00 – 10. 30 Registration and refreshments 10. 30 – 10. 45 Opening Session and Keynote Address 10. 45 – 11. 30 Break and Exhibition 11. 30 – 12. 00 Presentation: Collaboration – Working Smarter Not Harder 12. 00 – 12. 30 Presentation: Development – Are You Ready For Supplying the Demand? 12. 30 – 1. 30 Lunch and Exhibition 1. 30 – 1. 50 Fire Health and Safety – Managing the Risk 1. 50 – 2. 15 Procurement Methodology – Are you Compliant? 2. 15 – 2. 35 Member Spotlight: Grounds Maintenance Procurement 2. 35 – 3. 00 Break and Exhibition 3. 00 – 3. 25 Panel Discussion: Procurement and Finance – Impact of Non-Compliance 3. 30 – 4. 30 Manchester United Stadium Tour

Opening Session and Keynote Address Keith Armstrong Managing Director and Company Secretary Procurement For All

Ok. . . So Here Goes… Lets get those cogs turning: How is procurement viewed? Barrier? Hindrance? Help?

Well…. . Procurement is actually: • Compliance Question: • Value For Money Delivery or • Quality Assurance? Importance of the need to “get it right” is… not necessarily fully understood

But In Actual Fact…. . Is there a better way to deliver? Are we fully Are we achieving compliant? duplicating true VFM? effort? Procurement department is the tip of the iceberg

Because…. . “You need to understand what you are buying, and why, how it will affect your business, and what the potential risks are. That detailed understanding may be beyond the scope of a procurement department. ” Owen Williams

Consider It Again Delivery Assurance

About Us • Formed 2005 : Accent Group • Profit for purpose – low cost high value model • 26 member organisations • 6 Shareholder members – strategic procurement • UK wide services – not regional – across public sector • Shareholder commitment £ 250 m spend – average basket size - £ 4 m pa

About Us • Collectively: • £ 50 m pa spend – forecast to increase to £ 65 m in 2018/19 • 120 contracts formed • 26 apprenticeships delivered • £ 1 m back office efficiencies delivered (CIPS costs) • £ 40 m savings delivered, average gross saving 15%

Our membership

About Us • OJEU Compliant National Frameworks: • • • Asbestos Surveys and Removals Communal M&E Cyclical decorations Domestic Electrical General Build Heating Framework Lift Maintenance Planned Improvements (K&B, W&D, CH) Water Hygiene Business Solutions Voids Decorating Card and Paint Packs (B&Q)

About Us • OJEU Compliant National Dynamic Purchasing Systems (DPS): • • • Development Telecoms Energy Grounds Maintenance Cleaning Fire Protection and Sprinklers* Responsive Repairs* Domestic and Commercial Appliances* Lone Worker and Trackers* Total Hard and Soft Facilities Management* Asbestos Surveys and Removals* Electrical Communal M&E* * Available by 1 April 2018

About Us • Procurement Health Check • Detailed desktop review • RAG assessments • Identifies areas for improvement • Implementation plan • Procurement resource – outsourced • Free for Members

Experience…. . DELIVERED! • Recent completed works: • Average gross savings 15%

Final thought…

Thank You! Questions

Break and Exhibition

Collaboration: Working Smarter Not Harder Gordon Perry Board Member and Retired Chief Executive of Accent Housing Ark Consultancy

PFA Conference 1 st Feb 2018 Gordon Perry Non Exec Director ARK Consultancy

A few words about me… • Retired as CEO of Accent Group last May - after almost 10 years • 38 years experience in Local Govt. in the North and in London, Civil Service, ALMO and Housing Association • Chair of London ALMO Procurement Network - one of first Govt funded trailblazer procurement consortium • Member of HCA Regulation Provider Panel until May this year • Governing Board Member of the Chartered Institute of Housing • Board member of two charitable Housing Associations - Trafford Housing Trust and Broadacres Housing Association • Board member of ARK Consultancy Ltd - who set up and supported LAPN and PFA…ironically coming full circle!

My history with PFA • Founded in 2005 by Accent Group - 100% owned • Personally initiated ‘equal’ shareholder membership • Accent Group, Leeds Federated HA, Equity Housing, St Vincents, Johnnie Johnson Housing Trust, Muir Housing Group - all equal partners • Since 2010 more than £ 250 m has been procured through PFAs capital works and services contracts with more than £ 40 m saved • More than 120 contracts have been delivered 26 apprenticeships • 26 actively trading ‘contractural’ members, managing more than 500, 000 properties between them

Asset Management Matters – it’s core to business success Happy Customers Low Churn Sustainable Neighbourhoods Housing Assets Rent & S/C Stable Market Financial Stability

ARK Service’s

Active Asset Management Matters • It makes sense to do it - but why are we so poor at it? • Have we been obsessed with other issues such as development, ‘housing plus’ and commercial ventures? • Our customers want it…and they deserve it • The Regulator of Social Housing (RSH) has been requiring this for some time… • It’s a ‘regulatory requirement’ and you ain’t compliant if you are not doing it and VFM demands it… • The Regulator is losing patience with those not doing it • The Government is demanding it - specially post the Grenfell Tragedy as health and Safety comes centre stage… • Assets and liabilities registers are key…do you have the data?

Spend By Size Matters Work Area Responsive Voids Gas 3* Planned Cyclical Decs Sub-Total Mechanical Servicing Electrical Servicing Lift Maintenance Materials TOTAL % Contractor / IHC / CSV ARK Benchmark PUPA £ 380 £ 190 £ 134 Number of Units 2, 000 100, 000 500, 000 £ 760 k £ 380 k £ 268 k £ 1, 901 k £ 949 k £ 670 k £ 3, 801 k £ 1, 899 k £ 1, 340 k £ 38, 013 k £ 18, 986 k £ 13, 400 k £ 2, 260 k £ 100 k £ 5, 649 k £ 250 k £ 11, 298 k £ 500 k £ 112, 983 k £ 5, 000 k 22. 6% £ 2 m £ 3, 768 k £ 232 k £ 760 k £ 380 k £ 829 k £ 4 m £ 9, 419 k £ 580 k £ 1, 901 k £ 949 k £ 414 k £ 19. 99 m £ 18, 838 k £ 1, 160 k £ 3, 801 k £ 1, 899 k £ 4, 144 k £ 199. 9 m £ 188, 382 k £ 11, 600 k £ 38, 013 k £ 18, 986 k £ 20, 721 k £ 999 m 94% 94% 94% £ 1, 130 £ 50 £ 1, 884 £ 116

Buying Together Matters Average cost of materials on works is 22% Therefore: 2, 000 properties: 2, 000 x 22% = £ 440 Or 10, 000 homes = £ 4, 440, 000 Per Home 10% Saving 20% Saving £ 44 £ 88 Saving x 10, 000 Homes £ 440, 000 £ 880, 000

Simple Facts Consolidating spend locally • • Better productivity Lower proportional overheads Consolidating spend regionally • • • Lower procurement costs Better productivity / overheads Increased social value Consolidating spend nationally • • Shared procurement costs Real market interaction Materials and merchants Sector influence at scale CSV

Types of Consortia Compliant Frameworks: Compliant Frameworks and ongoing managed services: For the convenient shopper For the more discerning shopper

CHIC – a managed service consortia Founded in 2009/10 to: • Share the costs of shopping • Separate materials from labour • Procure contracts (materials and labour) • Provide a managed service – standardisation • Save money (10% target) • Deliver training and employment • Get members to plan together

Members • 50 members • 500, 000 homes

CHIC’s Products • • • Responsive Materials – Merchant Services Compliance Planned Investment – Labour and Materials Buildsmart – New Homes Legal Services + Social Value

RE: allies-Consortium of Consortia 0 Operating Infrastructure Schemes Plus, Managed Merchants Services, Contracts & Frameworks Oversight, Materials Catalogue Management, Procurement Account Management, Local Services & Social Value National Regional Local

What does Re: allies do? “THE BACK OFFICE SERVICE FOR THE REGIONAL AND LOCAL” • Procures frameworks and contracts together • Promoting real social return on investment = jobs • Interact with the market at scale = market beating prices • Transactional and commercial system management (reduces workload) • Operational support • Research and influence • Build. Smart – changing the way we build homes

Partnership works • • • Combined membership with over 1. 2 million homes £ 200 m transacted via frameworks for works, materials and services 500 new jobs created per annum Over £ 1. 5 m generated per annum for social / community investment UK’s largest consortium

How do we make partnerships work?

My experience of Partnership working • • Priority Estates Project in 70’s City Challenge in 80’s Estate Action and SRB in 90’s ALMOs in the 00’s Procurement & Development Consortia NHF, NHC, H 4 N, LGA, LEP’s, CIH Board What are the key common issues?

Hands up if you have been involved in formal partnerships …work related… What was the biggest BARRIER to effective Partnership Working and DELIVERY? Lets VOTE

Vote Now for 1. Programme - What you do 2. Policies - How you do it 3. People - Who does it 4. Politics - Who decides

People & Politics

Some essential ingredients for success. The Greater Manchester Devo Deal • • Local leadership and vision Community engagement Funding… Greater Manchester Deal most developed and with most significant Housing element • AGMA - GH housing Group • Innovative joint Housing & Health funding • Local Development Corporation

Successful Partnership Essentials My ten point plan

Successful Partnership Essentials 1. Clarify and regularly refine the purpose of the partnership 2. Build the governance structure at the start and get it understood 3. Build a common vision based on shared objectives and clear understanding of stakeholder views

Successful Partnership Essentials 4. Plan a Programme specifying partners contributions and resources 5. Publicly declare commitments - tie each other into the deal! 6. Gain support and maintain participation of the key communities and stakeholders involved

Successful Partnership Essentials 7. Monitor and manage the programme rigorously and transparently 8. Deal with partners who are merely passengers who hold you back 9. Question yourself about the ongoing commitment to the partnership and its delivery

And finally 10. Communicate, communicate, communicate… MAKE IT OPEN - TRANSPARENT-REGULAR - RELEVANT… …Review and rein-vigour the partnership don’t forget who holds the POWER …and respect it!

Partnership working • • • Partnership works Procurement partnerships work PFA works Its now time to think about how we can work even smarter.

Questions now or later… gperry@arkconsultancy. co. uk Twitter @gordonphousing

Development: Are You Ready For Supplying the Demand? Yvonne Mc. Dermott Director of Growth, Partnerships & Business Growth Mosscare St Vincents Housing

Are you Ready For Supplying the Demand? Yvonne Mc. Dermott Director of Growth, Partnerships & Business Development

Housing Crisis 1 MILLION TARGET In order to solve the UK housing crisis, the Government has set a target of building one million new homes in England by the end of the parliament in 2020 – or 200, 000 -250, 000 every year. . Last year, only around 160, 000 homes were completed, however. The housing market is delivering very well for some people and really badly for others, there’s a real problem of equality

GM Housing Provider Contribution • Third of all new housing – last 5 years • 12, 000 new homes by 2021

Placeshapers contribution • National network of over 100 community based associations • We build – commitment to build 88, 000 by 2020 – 12% increase • 35% of all predicted RP homes • Asks – • more homes for social rent • land for new homes to be released at discounted values • backing for small builders.

Homes England • Grant – SOAHP programme £ 1. 2 bn for 139 k homes • Additional £ 2 bn announced bringing total to over £ 9 bn • Barriers removed – rent settlement post 2020 • Social rent back in favour • Conditions right for RP sector to deliver • Sector scorecard • More than grant givers - finance, technical expertise, compulsory purchase powers : land.

How to solve it • • Land, Land – increase the supply of land for housing. We set the supply in 1955 when we defined green belts – GM Spatial Framework – criticised for green belt focus – meeting unconstrained demand for housing is politically very difficult, so we don’t quite do it. Investing in skills – Creating new generation of construction professionals and trades Broken Planning system § Objections, politics Under resourced, planning, legal, highways, estates depts Up to 2 yrs periods before getting on site - time on site not the issue Postcode lottery – GM RPs – accelerate delivery with single approach across 10 authorities? - -

How to solve it Modular housing Part of the solution Trade shortages Energy efficiency & quality Housebuilders don’t need speed • Volume & programme continuity required • • Investment in counter cyclical - RP sector • For every £ 1 spent - £ 6 private finance • building affordable homes at the bottom of the cycle, when costs of construction should be lower, and building market homes towards the top of the cycle.

How to solve it Value for Money -Value for Money (VFM) - strongly into focus -not simply to avoid a governance downgrade -fundamental to sound business practice, -Making your money go further enables you to devote more resources to providing more and better homes, . -Procurement is one the main areas where VFM can be demonstrated

Procurement Considerations -2018/19 OJEA Thresholds - £ 4, 551, 413 - OJEU Compliant route required - Changes to public sector procurement law -contracts worth as little as £ 25, 000 must be advertised on the Government’s Contracts Finder website. - Land Inclusive packages – where contractor has control of the land -Which OJEU compliant route – - Achieving more than OJEU compliance:

Procurement Considerations • -To achieve cost savings – with average NW build costs £ 1300 per sq m - Membership fees and costs - Contractors & Consultants on frameworks - Consider the private sector demands, prevailing property development climate - To deliver to time; quality, achieve lean processes - To deliver community benefits; apprenticeships -To operate in a partnership that is clear, accessible, transparent and can be audited; -To achieve continuous improvement for efficient procurement and sustainable development; -To demonstrate Value for Money; - Which framework, use existing framework or if scheme is large enough – set up - Choice – ICNW, JVNorth, Cutting Edge, PFA, Procurement for Housing, GM Procure, Procurement Hub, others……… -

• Founded in 2012 led by Great Places • North West & West Yorkshire • 2012 -16 – 4067 homes – contracts £ 400 m+ • 7 contractor & 7 consultant lost split on value & geography

-Formed in 2007 -9 full and 11 associate members -Over 1600 units in 2015 -18 programme being completed -3000 homes in 2016 -21 programme -£ 180 m framework for contracts under £ 1 m- 26 SMES

Cutting Edge is the partnership made up of : Cutting Edge Framework 2012 and 2016, members The Riverside Group, used the framework to deliver more than 190 new housing schemes worth more than £ 1/2 billion- membership

Cutting Edge is the partnership made up of : Choice of frameworks

- OJEU T Procurement Considerations - Thresholds - £ 4, 551, 413 - Memberships fees, costs & added value - Contractors & Consultant members - Prevailing contracting environment – private sector - Timescales, quality, - Compliance route –Existing Framework or DPS - Dynamic Purchasing System (DPS) - Call off or mini competition

Framework Pros & Cons • OJEU Compliant • Can avoid lengthy & expensive process • Potential for cost savings • contractors and consultants already been through the tendering process- unnecessary administration, saving time and money • DPS – can avoid inflexibility • Added Value – apprenticeships, social value •

Framework Pros & Cons • Can be unresponsive to change new suppliers and/or new solutions within the market that were not included when the framework agreement was initially set up. • In buoyant market – can find contractors refusing contracts • Contractors/consultants likely to find it more difficult to secure business If not on frameworks • Favour the larger contractors with bidding teams • SME frameworks • Mini competitions – in busy times up to 12 weeks • Call offs – can end up with protracted negotiation • Do not guarantee that suppliers will get any business from them • Land inclusive packages – fall outside

MSV – Growth Strategy 1200 New Homes Values Based Doing the decent thing! Extra Care Millennials Elderly Housing Shared ownership Greater Manchester, Lancs & West Yorkshire New Procurement Strategy. Achieving VFM

: Current MSV- Frameworks 3 New projects being procured through the DPS A DPS can reflect the current, faster-changing world Fewer hoops to jump through Faster outcomes Specialist Learning Disability housing in Manchester across 3 sites in partnership with Great Places Land Inclusive Packages S 106 Deals with housebuilders

Are you Ready For Supplying the Demand? • • Huge challenge…. 1 Million target by 2020 GM Spatial strategy – 200, 000 homes by 2035 GM housing active RPs to deliver 12, 000 by 2021 Innovative solutions Land finding Procurement routes that are compliant and deliver the best value for money New partnerships & collaborations

Lunch and Exhibition

Fire Health and Safety: Managing the Risk Chris Green Partner Weightmans LLP

Chris Green Partner & National Team Manager Crime & Regulation 0121 200 8125 07714673563 christopher. green@weightmans. com @weightmans. RSU © Weightmans LLP

“actually we are maybe looking at a system failure, built up over many years, which we now have to address urgently. . . ” “It is worth reminding ourselves here, that the primary issue on those [four Camden] tower blocks was not the cladding. It was the condition of the buildings themselves and the lack of fire doors…” “We may have to confront an awkward truth. That over many years and perhaps against the backdrop of, as data shows, a reduced risk in terms of fire, in terms of number of incidents and deaths, that maybe as a system some complacency has crept in. There is no room for that and Grenfell changes everything. ” © Weightmans LLP

Harrow Court (2005) © Google Images © © Weightmans LLP

Warwickshire (2007) © Google Images © Weightmans LLP

Lakanal House (2009) © Google Images © Weightmans LLP

Shirley Towers (2010) © Google Images © Weightmans LLP

Dame Judith ▪ ▪ Rules not clear and too complex Roles and responsibilities in CDM Competency esp high rise Compliance enforcement and sanctions on Building Regs Residents concerns and rights Product Testing and QA methods © Weightmans LLP

Immediate actions A. B. C. D. E. F. G. Review of Building Regs Competence in construction and inspection FRS early involvement in design process Building developers and handover to RP Building control bodies coordinate information Responsible person ANNUAL FRA review Government & industry to consider cladding safety © Weightmans LLP

Immediate questions and result ▪ ▪ ▪ Remove or test cladding? Tenant / resident requests for information Review of fire safety measures & risk assessments Sprinklers? Directors responsibilities and liability risks Review of fire safety management Corporate governance arrangements Property Litigation/ recovery post fire incidents Fire Safety Order Prosecutions… Seminars and updates Media © Weightmans LLP

Police manslaughter investigation Gross Negligence Manslaughter It is of some note that in Misra, Langley J, had directed the jury; “Mistakes, even very serious mistakes, errors of judgment, even very serious errors of judgment and the like are nowhere near enough for a crime as serious as manslaughter to be committed …. . (It has to be something which was) truly exceptionally bad which showed such an indifference to an obviously serious risk of life of the deceased and such a departure from the standard to be expected as to amount to a criminal act or omission and so to be the very serious crime of manslaughter. ” © Weightmans LLP

Police manslaughter investigation Corporate Manslaughter Adamako Senior Management Failure Personal prosecutions Risk gap analysis © Weightmans LLP

Public inquiry ▪ ▪ ▪ ▪ Cause and spread Adequacy of the regs and guidance Compliance with them RBKC actions before Response from KC and government Actions and response of LFB Design construction and refurbishment © Weightmans LLP

Sprinklers in High Rise- remove cladding? ▪ ▪ ▪ ▪ Harrow Court – ‘explore provisions’ Shirley Tower – ‘encouraged to consider’ (30 m) Lakanal – ‘encouraged to consider’ LFB and Commissioner Chief Fire and Rescue Officer Public inquiry etc. New builds and structural alterations © Weightmans LLP

Where do Weightmans fit in to all this? ▪ ▪ ▪ ▪ ▪ Fire Fighter Deaths Tenant / resident incidents Waste industry warehouse fires Gas Explosions Oxygen Inquests Food factories and panels Corporate due diligence enquiries Property Litigation/ recovery post fire incidents Fire Safety Order Prosecutions… © Weightmans LLP

Sample Prosecution Cases ▪ R. v John Patrick O’Rourke ▪ New Look Retailers Limited v The London Fire and Emergency Planning Authority ▪ R. v Southwark Council ▪ Leicestershire Fire And Rescue Service v Mr Haresh Patel ▪ Hallmark Hotels Limited ▪ Sandhu and the Guidelines © Weightmans LLP

New Sentencing Guidelines for Health & Safety © Weightmans LLP

Any questions? ▪ ▪ ▪ Chris Green Partner Crime and Regulation Weightmans 07894 462112 © Weightmans LLP

Case Study ▪ Director of Estates ▪ 200 residents evacuated through smoke ▪ Property Damage ▪ PACE Interview under caution requested © Weightmans LLP

The Building ▪ 15 storey tower (1 of 6) block ▪ Additional floor of six units added on top ▪ Concrete lift shaft room vent ▪ Units built around it on roof © Weightmans LLP

History of property ▪ Housing Association ▪ Ex City Council/ predecessor landlord ▪ Engaged external consultant ▪ Presumptive Type 3 FRA © Weightmans LLP

High Level Imagine. No Flannel. No Dashboards. No Sales Pitch. No Power. Point. No Notes. Just Sound, Pithy, Direct Strategic Advice. All in an Hour. In Complete Confidence. What it Means for you. That’s All. Chris Green Head of Crime & Regulation 0121 200 8125 chris. green@weightmans. com www. weightmans. com

The Fire ▪ Tenant of new loft apartment ▪ Balcony BBQ outside ▪ Left it and caught fire, spreads inside and down void? ▪ Smoke and heat observed in ground floor LOBBY © Weightmans LLP

Previous FRS activity ▪ FSO visit “broadly compliant” ▪ FRA deemed acceptable ▪ Supported our fire safety awareness campaign ▪ Enforcement Notices x 6 © Weightmans LLP

Scope of our Duties ▪ Didn’t ever have copies of Building Act file designs ▪ Entitled to assume and rely on 3 rd parties sign offs ▪ Destructive Type 4 and the post fire evidence ▪ Our consultant met the guidance © Weightmans LLP

Non-delegable Duties and Reliance on Experts ▪ Consultancy company treated as suspect ▪ Individual risk assessor treated as suspect ▪ PACE interviewed ▪ We declined : not an RP nor a duty holder © Weightmans LLP

Prosecutor’s Response and Documents ▪ Information and documents requisitioned ▪ Fire of Special Interest? ▪ More funding sought for investigation ▪ Had to tell the Regulator and explain all © Weightmans LLP

Criminal Investigation ▪ Sent what we had: full co-operation, explanation ▪ Widened the enquiries beyond block, and generally ▪ Obtained 15 year old docs – ▪ Either: it met the design or no more we could do ▪ Experts x 3 ▪ NFA © Weightmans LLP

Duties under the Order Relevant Materials ▪ RRO & RRO Guidance Note No. 1: Enforcement ▪ HSE Enforcement Management Model ▪ IRMP Guidance Note 4 – Risk Based Inspection Programmes ▪ Enforcement Concordat Application ▪ The RRO applies to most premises in England Wales, which also include external areas such as car parks, estate roads, paths, loading bays and landscaped areas. Duties ▪ Workplace – ‘Responsible Person’ must ensure any duty imposed by Arts 8 to 22 RRO or by regulations under Art 24 are complied with in respect of those premises ▪ Non Workplace – ‘Responsible Person’ must ensure any duty imposed by Arts 8 to 22 or by regulations under Art 24 is complied with in respect of those premises, so far as the requirements relate to matters within his control © Weightmans LLP

Meaning of Responsible Person Art 3 RRO: (a) In relation to a workplace, the employer, if the workplace is to any extent under his control; (a) In relation to any premises not falling within paragraph (a) – (i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or (ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking How do we identify who is a Responsible Person? © Weightmans LLP

Multiple Duty holders: ▪ 5. —(1) Ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with (so far as the requirements relate to matters within his control). ▪ (3) Any such duty shall also be imposed on every other person who has, to any extent, control of those premises so far as the requirements relate to matters within his control. ▪ (4) Includes, anyone by virtue of any contract or tenancy, an obligation of any extent in relation to— ▪ the maintenance or repair of anything in or on premises; or the safety of any premises, ▪ that person is to be treated, for the purposes of paragraph (3), as being a person who has control of the premises to the extent that his obligation so extends. © Weightmans LLP

Fire Risk Assessment (“FRA”) ▪ 9 — (1) Suitable and sufficient written assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply. ▪ (3) Reviewed regularly and keep it up to date if ▪ (a) there is reason to suspect that it is no longer valid; or ▪ (b) there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions and where changes to an assessment are required as a result of any such review, the responsible person must make them. © Weightmans LLP

Duty to take general fire precautions: ▪ 8 — (1) The responsible person must ▪ (a) take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and ▪ (b) in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe. © Weightmans LLP

4. Meaning of General Fire Precautions measures: ▪ to reduce the risk and spread of fire on the premises; ▪ in relation to the means of escape from the premises ▪ for securing that, at all material times, the means of escape can be safely and effectively used; ▪ means for fighting fires on the premises; ▪ means for detecting fire on the premises and giving warning in case of fire on the premises; and ▪ arrangements for action to be taken in the event of fire on the premises, including ▪ the instruction and training of employees; and © Weightmans LLP ▪ measures to mitigate the effects of the fire.

18. Safety Assistance and the Competent Person ▪ (1) The responsible person must appoint an adequate number of competent persons to assist [it] in undertaking the preventive and protective measures. ▪ (2) And then make arrangements for ensuring adequate co-operation between them. ▪ (3) The responsible person must ensure that the number of assistants appointed, the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of the premises, the risks to which relevant persons are exposed and the distribution of those risks throughout the premises. © Weightmans LLP

Unconsciously Incompetent? ▪ (4) The responsible person must ensure that— ▪ (a)any person appointed by him in accordance with paragraph (1) who is not in his employment— ▪ (i)is informed of the factors known by him to affect, or suspected by him of affecting, the safety of any other person who may be affected by the conduct of his undertaking; ▪ ▪ Known unknowns! Basic level of fire safety training or awareness required © Weightmans LLP

▪ (1) is given such information about any person working in his undertaking who is— ▪ (i)employed by him under a fixed-term contract of employment, or ▪ (ii)employed in an employment business, ▪ as is necessary to enable that person properly to carry out the function specified in that paragraph. ▪ (5) A person is to be regarded as competent for the purposes of this article where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures. © Weightmans LLP

▪ ▪ 6) Paragraph (1) does not apply to a self-employed employer who is not in partnership with any other person, where he has sufficient training and experience or knowledge and other qualities properly to assist in undertaking the preventive and protective measures. (8) Where there is a competent person in the responsible person’s employment, that person must be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment © Weightmans LLP

What about your H&S advisors? ▪ (5) Competent = has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures. ▪ (8) Where there is a competent person in the responsible person’s employment, that person must be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment. © Weightmans LLP

32. Offences ▪ (8) Where an offence under this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate is guilty of that offence, and is liable to be proceeded against and punished accordingly. ▪ (10) Where the commission by any person of an offence under this Order, is due to the act or default of some other person, that other person is guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person. © Weightmans LLP

Buckpassing? ▪ (11) Nothing in this Order operates so as to afford an employer a defence in any criminal proceedings for a contravention of those provisions by reason of any act or default of— ▪ (a)an employee of his; or the appointed competent person. © Weightmans LLP

Regulatory Reform (Fire Safety) Order 2005 (RRO)- DEFENCES ▪ ▪ ▪ The Fire Service said it was acceptable We did all the work they told us to do We complied with guidance (and yet we still had a fire) We met the British Standards Reasonable Precautions and Due Diligence Battles of the experts © Weightmans LLP

Any questions? © Weightmans LLP

Procurement Methodology: Are You Compliant? Martin Vincent Partner Weightmans LLP

PFA Procurement risks 1 st Feb 2018 Martin Vincent Partner DDI 0161 214 0553 martin. vincent@weightmans. com © Weightmans LLP

Things that go wrong ▪ Transparency - Where are we now? © Weightmans LLP 119

Things that go wrong ▪ Failing to anticipate © Weightmans LLP 120

Things that go wrong ▪ Regulations 106, 108, 110 & 112 - Contracts finder © Weightmans LLP 121

Things that go wrong ▪ Regulation 86 © Weightmans LLP 122

Things that go wrong ▪ CCS “guidance” © Weightmans LLP 123

Consequences of a breach ▪ Remedies ▪ Process © Weightmans LLP 124

Ground Maintenance Contract Procurement Ian Thomson Executive Director Homes and Services © Weightmans LLP

Johnnie Johnson Housing ▪ 5, 000 homes ▪ Northern Regional Housing Provider ▪ 60% Independent Living Provider ▪ Will Develop 800 new homes over next 5 years ▪ Looking to grow our IL service © Weightmans LLP Astraline 126

Grounds Maintenance Service ▪ Key service for our Residents ▪ Current provision not meeting standards ▪ Contractor gave notice on contract ▪ Looked to PFA for reprocurement ▪ 6 months to resolve and re-procure ▪ Looking for National and Regional options ▪ DPS solution © Weightmans LLP 127

Resident Participation ▪ What works? ▪ What doesn’t work in delivering the current service? ▪ Tenants/ Residents / (customer perspective) ▪ Johnnie Johnson (client perspective) © Weightmans LLP 128

Proposed changes to schedule 2018/23 Johnnie Johnson Gardening Schedule Number of visits Task Winter Jan Spring/Summer Winter Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TOTAL Comments Grass Cutting (March - Oct) 2 2 2 2 16 To include weed & feed applied Leaf Clearance 1 2 1 4 Formal Grass Edging 1 1 1 5 Litter Clearance 1 2 2 2 2 2 1 20 Planting areas maintained to a weed-free condition 1 1 1 1 8 soil to be overturned at every visit Herbicide application to hard surfaces 1 1 1 1 1 9 no moss or weeds to be visable Hedges - trim (fast growing hedges to include Privet, Laurels & Conifers) 1 1 1 5 encroachment to paths, driveways etc. to be maintained throughout the year regardless if in flower Hedges - All other (slow growing hedge such as Beeches) 1 2 Slow Growing hedges such as Beeches Shrub Pruning 1 2 encroachment to paths, driveways etc. to be maintained throughout the year Rose Pruning 1 1 2 © Weightmans LLP 129

Progress and Timetable ▪ ▪ ▪ ▪ New proposed schedule developed TUPE information has been given to the PFA KPI’s – we are currently working on a suite of questions Held the resident workshop last Tuesday and it was very successful and so far everyone is happy and in agreement with the project brief. Prepared and sent PFA the pricing template document for each site again this is so we can monitor costs and missed works and helps us establish the correct costs for any compensation works The Team involved so far have been mostly Paul Gregory, Mel Hobbis, Carl Newby and Martin Ellicott and the PFA team. Working towards the contract being awarded by early March with a view to mobilisation in the new financial year. © Weightmans LLP 130

Conclusion ▪ Ground Maintenance DPS has been dynamic, fully compliant and allows for adding future contractors to the workstream. ▪ PFA have been fully supportive and gone the extra mile to deliver the reprocurement. ▪ JJH team have worked extremely hard to get options both regionally and nationally and listened to residents. ▪ Confident we can get best value in terms of cost and service for JJH Residents. © Weightmans LLP 131

© Weightmans LLP 132

Break and Exhibition

Panel Discussion: Impact of Non-Compliance Martin Vincent Partner Weightmans LLP Keith Armstrong Managing Director and Company Secretary Procurement For All Phil Williams Assistant Director The Procurement Partners

Manchester United Stadium Tour