Can I please request the following:
1) A list of all PFI and Private Finance Funding (PF2) schools in the local authority, providing the school’s name, when it was built, when each contract is due to end and the name of the special purpose vehicle (SPV)/PFI project company (PFI Co).
| School Name | Built (Completed) | Project End Date | SPV |
| Isca Academy, Earl Richards Road South, Exeter, Devon EX2 6AP | 2006 | 30-Aug-33 | Modern Schools (Exeter) Ltd |
| St James’ School, Summer Lane, Exeter, Devon, EX4 8NN | 2006 | 30-Aug-33 | Modern Schools (Exeter) Ltd |
| St Luke’s Church of England School, Harts Lane, Exeter, Devon, EX1 3RD | 2006 | 30-Aug-33 | Modern Schools (Exeter) Ltd |
| St Peter’s Church of England Aided School, Quarry Lane, Exeter, Devon, EX2 5AP | 2006 | 30-Aug-33 | Modern Schools (Exeter) Ltd |
| West Exe School, Hatherleigh Road, Exeter, Devon, EX2 9JU | 2006 | 30-Aug-33 | Modern Schools (Exeter) Ltd |
| Wynstream Primary School, Burnthouse Lane,Exeter, Devon, EX2 6AY | 2005 | 30-Aug-33 | Modern Schools (Exeter) Ltd |
2) For each of the contracts, a list of the confidentiality clauses attached to the contracts and who they apply to.
The following are the confidentiality clauses attached to the PFI contract (for all the schools listed above) and they apply to the parties in the PFI contract (Devon County Council and Modern Schools (Exeter) Ltd.)
57.1 Duty of Confidentiality
The parties shall keep confidential all matters relating to this Agreement and the Project Documents and shall use all reasonable endeavours to prevent their employees and agents from making any disclosure to any person of any matters relating to this Agreement.
57.2 Permitted Disclosure
Clause 57.1 shall not apply to:
57.2.1 any disclosure of information that is reasonably required by persons engaged in the performance of its obligations under this Agreement;
57.2.2 any matter which a party can demonstrate is already generally available and in the public domain otherwise than as a result of a breach of this clause 57;
57.2.3 any disclosure to enable a determination to be made under the Dispute Resolution Procedure;
57.2.4 any disclosure which is required by any law (including any order of a court of competent jurisdiction), any Parliamentary obligation or the rules of any stock exchange or governmental or regulatory authority having the force of law;
57.2.5 any disclosure of information which is already lawfully in the possession of the receiving party, prior to its disclosure by the disclosing party;
57.2.6 any provision of information to the Senior Lenders or the Senior Lenders’ professional advisers or insurance advisers or, where it is proposed that a person should or may provide funds (whether directly or indirectly and whether by loan, equity participation or otherwise) to the Contractor to enable it to carry out its obligations under this Agreement, to that person but only to the extent reasonably necessary to enable a decision to be taken on the proposal;
57.2.7 any disclosure by the Authority, of information relating to the design, construction, operation and maintenance of the Project and such other information as may be reasonably required for the purpose of conducting a due diligence exercise to:
57.2.7.1 any proposed new contractor, its advisers and lenders should the Authority decide to re-tender this Agreement; or
57.2.7.2 any person in connection with a Benchmarking Exercise or Market Testing;
57.2.8 any registration or recording of the Necessary Consents and property registration required;
57.2.9 any disclosure of information by the Authority to any other department, office or agency of the Government, or to the governing body of any of the Schools;
57.2.10 any disclosure by the Authority of any document relating to this Agreement to which it is a party and which the Contractor (acting reasonably) has agreed with the Authority contains no Commercially Sensitive Information; and
57.2.11 any disclosure for the purpose of:
57.2.11.1 the examination and certification of the Authority’s or the Contractor’s accounts; or
57.2.11.2 any examination pursuant to the 1999 Act of the economy, efficiency and effectiveness with which the Authority has performed its functions.
57.3 Obligations Preserved
Where disclosure is permitted under clause 57.2 (other than clauses 57.2.4, 57.2.6, 57.2.8, 57.2.10 and 57.2.11) the recipient of the information shall be subject to the same obligation of confidentiality as that contained in this Agreement.
3) The number of people bound by non-disclosure agreements (NDA) as part of the PFI or PF2 contracts and the reasons why the NDAs were issued. It would be appreciated if you could indicate whether any members of school or academy trust staff have had to sign NDAs.
Devon County Council does not believe anyone has had to sign an NDA.