On Lending to Registered Social
Landlords
Application Form
Application forms must be submitted by 12 noon, 16 April 2013:

By email to housinginvestment@edinburgh.gov.uk
and

Two hard copies and a digital version on disc; by post, or delivered
by hand to:
Alex Blyth
The City of Edinburgh Council
Strategy and Investment
Business Centre C.3
4 East Market Street
Edinburgh
EH8 8BG
The closing date for applications is 12 noon, 16 April 2013. Applications received
after this date will be rejected.
Applicants should submit a separate application form for each proposed project.
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1
Application checklist
1.1
Applicants should submit a separate application for each proposed project
consisting of:
Schedule
Document
Schedule A
Project application form
Schedule B
Compliance with requirements
Schedule B
Appendix 1 : Business Probity
Schedule C
Financial proposal
Schedule C
Appendix 2: Financial Template
Schedule D
Location, construction and management proposal
All supporting documentation as applicable and as specified within the
application form and appendices.
1.2
1.3

The application pack, available for download at
www.edinburgh.gov.uk/onlending, includes the template legal documents. The
application pack is:
i
Application Form (includes Appendix 1)
ii
Financial Template (Appendix 2)
iii
Template Facility Agreement
iv
Template Ranking Agreement
v
Template Standard Security
vi
Template Term Sheet
Please note that the wording in this application form should not be
changed. Any required change or amendment should be reflected in the
response section(s) or noted separately. Changes to the existing text in
this application may result in disqualification and removal from the
selection process.
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2
Instructions
Note: When ‘RSL’ is stated in this application it will imply both RSLs and
subsidiary organisations of RSLs.
2.1
This facility is only available to Registered Social Landlords and their
subsidiaries and is only available for affordable housing developments that
are or will be built within the City of Edinburgh Council geographical area.
2.2
Applicants should read these instructions carefully before completing the
application and are advised to acquaint themselves fully with the extent and
nature of the On Lending for Registered Social Landlords initiative.
2.3
All information requested should be provided in the order and format of the
schedules. No supplementary documentation should be provided unless
indicated.
2.4
Please contact the Investment Team on 0131 529 7418 or via email at
HousingInvestment@edinburgh.gov.uk, if you have any doubt as to what is
required or if you have difficulty in providing the information.
On Lending to RSLs – Aiding the delivery of new affordable homes
2.5
The City of Edinburgh Council is making £21 million available exclusively for
Registered Social Landlords (RSLs) and their subsidiaries to aid the
development of much needed new affordable homes within the city. The
Scottish Government approved this On Lending facility based on its
assessment of the Council's detailed business plan. This business plan
highlights particular local demand for affordable housing. Please note the
facility is only available for affordable rented homes. The £21 million shall be
granted in the form of loans repayable after a period of 10 years or as homes
are sold within that period.
How it works
2.6
This facility is not available for sites that are currently in the City of Edinburgh
Council ownership.
2.7
Funding is available for a ten year period, with the loan being drawn down
upon completion of the homes. Homes must be completed and the loan
drawn down in full by end of March 2016. The Council will require a first
ranking security over the properties from the point at which the loan is drawn
down.
2.8
Rental income will be used to repay interest on the loan. RSLs will pay
interest on the loan to the Council on a quarterly basis over the ten year loan
period. The capital sum must be repaid within ten years of drawing down the
loan, or as properties are sold within that same period. RSLs and subsidiaries
will need to demonstrate that their proposals deliver value for money and are
3
expected to contribute a proportion of the development value (the City of
Edinburgh Council will not be the sole funder). The loan is based upon a
percentage of expected market value of the completed homes.
Customers and rent levels
2.9
Homes should generally be for working households. Flexibility should be
applied in appropriate circumstances, such as where a household includes
someone with a disability or persons of pensionable age. Household earnings
should be a minimum of £10,000 per annum and a maximum not normally
more than £36,000 per annum. Maximum rent levels should not exceed Local
Housing Allowance.
Planning status
2.10
A grace period of up to six months will be allowed from the date of notification
for successful applicants to submit accompanying evidence such as statutory
consents, confirmation of title to the land, etc. A loan agreement will not be
entered into until all criteria have been satisfied.
Financing
2.11
The loan is only made available after homes have been completed and can
be drawn down in phases if stated clearly within the application. Applicants
must have the ability to fund working capital; i.e. a financing arrangement with
a lender/developer/building contractor that allows homes to be built. The
interest rate which the Council is applying to loans offered through this facility
is fixed (subject to changes in EU guidance) at 4.5% per annum for
established organisations, for those with no credit history the rate will be fixed
at 5.74% per annum. It should be noted that the Council’s decision on the
interest rate being made available will not be negotiable.
2.12
An arrangement fee of 0.5% shall be charged and deducted from the loan
sum at the time of granting of the loan. A prepayment fee will be charged in
respect of any part of the loan which is prepaid in the first year following draw
down.
Exit strategy
2.13
Homes may be sold from one year after the draw down of the loan, and a predetermined percentage of the proceeds are used to repay the loan (this will
reflect the loan to development value ratio by which the loan is set). At the
end of the loan period the RSL must repay the loan in full, financed either
through sale of the homes, alternative financing arrangements or a
combination of these options.
Freedom of Information
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2.14
The Council is committed to open government and to meeting their legal
responsibilities under the Freedom of Information (Scotland) Act 2002.
Accordingly, all information submitted to a public Council may need to be
disclosed by the public Council in response to a request under the Act. The
Council may also decide to include certain information in the publication
scheme, which the Council maintains under the Act.
2.15
If an Applicant considers that any of the information included in their
application is commercially sensitive, it should identify it and explain (in broad
terms) what harm may result from disclosure if a request is received, and the
time period applicable to that sensitivity.
2.16
Applicants should be aware that, even where they have indicated that
information is commercially sensitive, the Council might be required to
disclose it under the Act if a request is received.
2.17
Applicants should also note that the receipt of any material marked
‘confidential’ or equivalent by the Council should not be taken to mean that
the Council accepts any duty of confidence by virtue of that marking.
Data protection
2.18
RSLs must ensure that the sharing and subsequent processing of any
personal data contained in their applications and any clarification requests are
compatible with the purposes for which such data was collected and the
RSLs’ obligations as data controllers under the Data Protection Act 1998.
Clarification requests
2.19
All clarification requests relating to this stage of the application process must
be submitted by email to the email address:
HousingInvestment@edinburgh.gov.uk
2.20
The closing date for applicants to submit clarification requests is 21
March 2013. The Council will endeavour to answer clarification requests by 2
April 2013.
2.21
In order to ensure equality of treatment, the Council will publish all the
question(s) or clarification(s) raised by RSLs together with the Council
response(s).
2.22
RSLs should indicate if any aspect of a request is of a commercially sensitive
nature – where disclosure of such request and the answer would, or would be
likely to, substantially prejudice its commercial interests. However, if the
Council does not consider the request to be of a commercially sensitive
nature or considers it to be a request which all RSLs would potentially benefit
from seeing, the Council will:
a)
invite the RSL submitting the request to declassify the request and
allow the request, along with the Council’s response, to be circulated to
all RSLs in the form of a FAQs document, or
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b)
require that the RSL, if it still considers the request to be of a
commercially sensitive nature, withdraw the request.
2.23
Applicants should be aware that erroneous or inaccurate responses may
result in removal from the selection process. In the case where the error or
misrepresentation is not discovered until after the loan is issued, the Council
reserves the right to terminate the loan.
2.24
Where a grace period is required for the submission of supporting information,
applicants must clearly indicate the timescale required for this in their
application. Any supporting information which is not provided by closing date
for applications (16 April 2013) may affect the overall scoring. The City of
Edinburgh Council reserves the right to disqualify applicants if the timescale
for providing information is unsatisfactory.
2.25
Any decision to make an offer of loan shall be solely at the Council's
discretion. The Council reserves the right to not make any offers of loan
and/or to withdraw from the On Lending to RSLs facility. Loans will be
honoured if;
i
offered to parties, and;
ii
the criteria and conditions for the loan have been met, and;
iii
the relevant party has entered into the formal agreements required by
the Council.
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3
Evaluation of project proposals
3.1
The application for each project as set out by the applicant will be marked by
applying the following evaluation criteria and scoring methodology.
3.2
Responses which are complete and satisfy the Minimum Requirements will
initially be assessed on the basis of the financial proposal (Schedule C).
Projects which pass the financial proposal assessment will then be passed for
qualitative appraisal (Schedule D).
3.3
The scores from Schedule C and Schedule D will each form 50% of the
application’s total score. Scoring and weightings attached to the different
sections within each of these schedules are detailed below:
Evaluation criteria
Marking Weighting
of
factor
Sections
Financial Proposal
Schedule C
Consisting of the following sections
Banking
4
Asset Cover
2
Investment
9
Total
(marking x
weighting factor)
13%
7%
30%
Score is weighted
as 50% of the
15
50%
application’s overall
score
Location, Construction and Management Proposal
Schedule D
Consisting of the following sections
Relevant Construction
3
3%
Experience
Site and Deliverability
9
9%
Suitability of location for 9
9%
mid rent homes
New Supply of
9
9%
affordable Homes
Planning and land
12
14%
burdens
Community benefits
3
3%
Approach to
3
3%
management and
maintenance
Score is weighted
Maximum Score for this
as 50% of the
48
50%
section:
application’s overall
score
Total for both
63
100%
sections:
Maximum Score for this
section:
7
3.4
The following scoring methodology will be used to score each of the individual
criteria as detailed in the table on the previous page.
Evaluation
Unsatisfactory
Less than acceptable
Acceptable
High Standard
Description
Provides no evidence that the RSL is capable of
delivering the project
Does not provide sufficient evidence that the
RSL is capable of delivering the project
Provides sufficient evidence that the RSL is
capable of delivering the project
Provides strong evidence that the RSL is
capable of delivering the project
Score
0
1
2
3
3.5
Please note that for Schedule C, Table 3; Financial Requirements, only
scores of between 0 -2 are applicable; a “High Standard” score is not being
applied for that section. The high standard scoring is applicable to all other
scored sections.
3.6
Proposed projects may be disqualified if they:
3.7
a)
achieve a marking of less than 2 for any of the individual scored criteria
contained within the Financial Proposal assessment
b)
achieve less than an average score of 2 for the Location, Construction
and Management Proposal
c)
are unable to submit supporting information within a satisfactory
timescale
In the event that scored projects are tied, proposals will be ranked under the
following categories, including but not limited to; number of affordable houses
retained in perpetuity, financial standing, site deliverability and suitability of
location for mid rent homes.
Evaluation process
3.8
For the avoidance of doubt this application process leading to the selection of
successful RSLs is not governed by the Public Contracts (Scotland)
Regulations 2012.The evaluation process will be conducted in the following
steps:
Step 1 – Completeness check
3.9
RSLs must include all information requested in the Schedules. If any of the
information requested is not provided in any respect which appears to the
Council to be material, The Council reserves the right to notify the RSL that its
application will be disqualified. Please note that all information requested in
Schedule B: Compliance With Requirements must be provided in order for
applications to continue to Step 2 of the selection process.
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Step 2 – Schedule C and D evaluations
3.10
Responses to Schedules C and D will be evaluated in accordance with the
methodology set out on the previous page, unless otherwise indicated.
Step 3 – Evaluation report and recommendation
3.11
We will evaluate all applications which are submitted by 12 noon, 16 April
2013. Feedback will be provided to applicants when the evaluation process
for all submitted applications concludes.
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4
Technical specification
4.1
This facility is only available for affordable housing developments which will
be built within the City of Edinburgh Council geographical area.
4.2
In all cases, homes must be constructed using methods which are generally
accepted by the funding market for mortgage lending purposes. Applicants
are required to provide an estimate of the completed homes open market
value, which must take into account of any restrictions in planning consent.
4.3
Please note that the applicant will be required to provide a valuation report
prepared by an independent chartered surveyor with a RICS membership
after the homes have completed and prior to the draw down of any funding
from this facility. Such valuation will need to be capable of being relied upon
by the Council. Applicants are also required to provide evidence from a
suitably qualified independent valuer who is a RICS member that the homes
are mortgageable.
4.4
All new build homes will be expected to comply with either:
a)
2011 Building Regulations, or;
b)
The Building Regulations as stated within the existing planning consent
for the project.
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5
Schedule A – Project Application Form
Proposed Project:
(inc. address/postcode)
Organisation name:
Organisation address:
Contact name for enquiries:
Contact’s position in the organisation:
Contact’s email address:
Contact’s landline telephone number:
Contact’s mobile telephone number:
I have completed and enclose the following Schedules:
Schedule
Schedule B
Schedule C
Schedule D
Document
Compliance with requirements (inc. Appendix 1)
Financial Proposal (inc. Appendix 2)
Location, Construction & Management Proposal

I agree that my organisation has no issue with the terms of the loan agreement (1.2;
iii – iv) and accept that the Council shall not accept any changes or variations to the
loan agreement, other than changes which are project specific and which do not alter
the commercial effect of the document. If you are unable to agree with this statement
please identify which clauses of the loan agreement your organisation is unable to
abide by, and provide an explanation as to why this is the case.
I hereby undertake that to the best of my knowledge and belief that the information
provided in this application form is accurate and is not false or misleading, and that if
there is any change in circumstances which may impact on this statement, I shall
promptly notify the Council in writing, setting out the relevant details in full.
Signed for by an authorised signatory and on behalf of the above named
organisation:
Signature:
Name:
Position:(Director/Company Secretary/Authorised Signatory) delete as appropriate
Date:
11
6
Schedule B – Compliance With Requirements
Table 1: Requirements
Please note all information requested in this section is mandatory.
Requirement
RSL response
6.1
Please state the amount of the loan
£
required:
Note: Any loan offered will be the lesser of:
a)
the facility amount requested here
b)
6.2
a maximum of 75% of open market
value
Funding
Provide satisfactory evidence to demonstrate the
funding arrangements for the Proposed
Development. Such evidence must be in the
form of at least one of the following:
a)
b)
c)
an in principal letter of support from
the applicants bank dated from last
12 months; and/or
Letter of support provided:
a letter from the entity which is to
provide the funding detailing the
amount and timing of the funding to
be provided; and/or
Letter from entity providing
funding provided:
details of any proposals to selffinance the Proposed
Development.
Yes/No
Yes/No
Proposals included:
Yes/No
6.3
Information on the current ownership of
the site of the proposed project and
proposal for obtaining ownership upon
completion of the homes.
RSLs must provide information on
the current ownership of the site or
explain how they will obtain
ownership if the site e.g. do they
own the site outright (registered
title) or do they hold a legally
binding option contract for the
site?
6.4
The proposed project complies or will
comply in all respects with the Technical
Specification (as set out in section 4).
Yes/No
6.5
A statement from the applicant confirming
that, at the point at which the loan is
drawn down, properties will be insured for
full reinstatement value, with the City of
Edinburgh Council noted as heritable
creditor.
Yes/No
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Business probity
6.6
This section can be found at Appendix 1. Please note that it is mandatory to
answer all the questions in this section. Failure to do so will result in the
automatic removal of your organisation from the application process.
13
7
Schedule C – Financial proposal
7.1
Please note that information requested as part of the financial proposal may be
used in the assessment of sections additional to those detailed below.
Table 2: Credit history
7.2
The information provided in this section will be assessed to determine the
interest rate that will be offered, should the application be successful. The
assessment of information requested in Table 2 will not contribute to the
overall score of the application.
An interest rate of
4.5% per annum
will be applied to
loans granted to
established
organisations able
to demonstrate a
good credit history.
An interest rate of
5.74% per annum
will be applied to
loans to
organisations
unable to
demonstrate a
good credit history.
Please provide:
a)
a copy of your last two years’ financial
statements, including annual accounts, auditor’s
and director’s reports. Where these are not
available for subsidiaries, please submit financial
statements of the RSL group.
b)
a copy of your five year financial projection as
supplied to the Scottish Housing Regulator
(RSLs) or equivalent cashflow projection
(subsidiaries).
Table 3: Financial requirements
7.3
Each of the criteria in this section will be awarded scores of 0 to 2. Please note
that scores of less than 2 for any of the criteria contained within this section
could result in an overall fail of the financial capacity assessment.
Scores in this section will contribute to the overall score of the application.
Section
7.4
Banking
Scores of 2 will be awarded to
applications for which
satisfactory statements of
compliance and banker’s
references are provided.
Scores of 0 will be awarded
where these are not provided.
marks % of
total
score
a)
Please provide:
a statement of compliance
with loan and/or banking
facilities
b)
4%
0-2
4%
Please provide:
a banker’s reference
addressed to:
Alex Blyth, The City of
Edinburgh Council,
Waverley Court, Business
14
0-2
Centre C.3, 4 East Market
Street, Edinburgh, EH8 8BG
7.5
Asset Cover
Please provide:
0-2
Scores of 2 will be awarded
where confirmation is provided
that the organisation will act
reasonably in order to maintain
the value of the property and
that the loan to value ratio will
not exceed 75%. Scores of 0
will be awarded where this
confirmation has not been
provided.
a)
an estimated Open
Market Value of the
completed homes
which takes into
account any planning
restrictions
b)
a statement that your
organisation will act
reasonably in order
to maintain the value
of the property
throughout the period
of the loan
Note:
Loans to a maximum of 75% of
open market value on
completion of projects will be
offered. Applications based on
assumptions of CEC loans
outwith this may fail the
financial capacity assessment.
(loan assumptions will be taken
from the financial template
Schedule C, Appendix 2
included in the application pack
and requested in Table 4 –
Investment and Funding
Proposal)
5%
Table 4: Investment and Funding proposal
7.6
Each of the criteria in this section will be awarded scores from 0 to 3 in
accordance with the scoring methodology detailed on page 6 of the
application form.
7.7
Please note that scores of less than 2 for any of the criteria contained within
this section could result in an overall fail of the financial capacity assessment.
Scores in this section will contribute to the overall score of the application.
Section:
Investment
7.8
Financial
Assessment
marks % of
total
score
Please provide:
0-3
a)
a completed version of the
Highest scores will
15
10%
be awarded to
applications with
investment
proposals which
demonstrate little
or no financial risk
and which are
based on highly
robust assumptions
and projections
financial assessment template
The information contained within the financial
assessment template will be used in
conjunction with the evidence of funding
arrangements supplied in response to
Schedule B requirements.
Please provide a statement including
7.9
Statement of
Funding
Highest scores will
be awarded to
applications with
funding strategies
which demonstrate
little or no financial
risk and which are
based on highly
robust assumptions
and projections
7.10
3 Person
Equivalent
Highest scores will
be awarded to
applications with
lowest costs per 3
person equivalent
unit
a)
details of proposed debt
elements of the finance
package
b)
whether these are new or
existing facilities
c)
the expected terms and how
they would be split between the
development (or purchase) and
rental periods
d)
expected repayment terms
e)
the security (if any) which
proposed funders would expect
to receive
f)
details of the equity element of
the proposed finance package
(where not already in place,
information should be provided
on how the required equity is to
be secured within the required
timescales)
Information provided in Appendix 2: Financial
Template will be used in conjunction with
information provided by applicants in
response to Schedule D to calculate the cost
per 3 person equivalent unit.
For Schedule C: Financial Proposal sections (7.1 to 7.10);
Maximum score: 15
This score will form 50% of the application’s overall score
16
0-3
10%
0-3
10%
17
8
Schedule D – Location, Construction & Management proposal
Table 5: Method statement
This method statement must not exceed 2500 words (excluding the location plan (8.3b) and
Approach to management and maintenance (8.7).
Section
marks
% of total
score
8.1
Relevant
Construction
experience
Highest scores will be
awarded to applicants
based on evidence of
prior experience in
developing and/or
managing affordable
homes (particularly
mid market rent) and
to those using a
financial model which
may be comparable to
On Lending.
8.2
a)
Information on RSL’s developments in the
last 3 years. Type of tenure (particularly
mid market rent), size of developments
and approach to funding.
a)
Please provide;
i
details of the number of
units proposed for the
project (with individual type,
size, and number of bed
spaces) and whether these
form part of a wider
specified development
proposal;
ii
whether the borrower would
seek to draw down the loan
from the Council in phases
(and, if so, how many
phases are envisaged) or
whether there would be a
single drawdown.
Site and
Deliverability
Highest scores will be
awarded to those
projects with the
earliest projected
completion dates, and
projects that consist of
between 15 and 60
units
Please provide;
Note: projects must consist of between 8
and 80 units otherwise they may fail the
selection process.
18
0-3
3%
0-3
3%
b)
Please provide;
a proposed construction programme
showing estimated site start date.
c)
0-3
3%
0-3
3%
0-3
3%
Please provide;
a proposed construction period including
an estimated date of completion and
drawdown of the loan.
Note: projects that do not complete and
draw down the loan by the 31st March
2016 at the latest will automatically fail the
selection process.
a)
Please provide;
a description of the location of the
proposed project, its surroundings and its
proximity to the local amenities, local
services and transport links;
8.3
Suitability of
location for mid
rent homes
Higher scores will be
awarded to projects in
locations where the
local market rents are
higher than mid
market rents. Marks
will be awarded to
projects in
regeneration areas
and those located
close to local
amenities.
b)
Please provide;
a location plan showing the proposed
project and its surrounding area;
relationship between mid market rent and
existing market rent levels in the
neighbourhood
0-3
4%
Note: project locations where mid market
rent levels are equal to or higher than
local market rent levels may fail the
selection process
c)
Please provide;
a description showing how project
proposals align with the relevant local
regeneration strategy, Edinburgh’s Local
Housing Strategy, and that there is a
demand for the homes in the area
proposed;
19
0-3
2%
a)
Please provide;
0-3
3%
0-3
3%
details of the target tenant groups, and the
anticipated sales process for any units not
retained in perpetuity (i.e. proposed target 0-3
groups for sales in order of priority);
3%
details of how many units will be retained
in perpetuity.
b)
8.4
New Supply of
Affordable
Homes
Please provide;
details for those homes that are not
retained in perpetuity of how long those
units are expected to remain as an
affordable tenure;
c)
Please provide;
Note: projects in which homes are sold in
the first year after completion may fail the
selection process.
a)
8.5
Planning and
Land Burdens
Highest scores will be
awarded to
developments on land
that has been
mothballed, Affordable
Housing Policy which
has been triggered
and/or where Section
75 commitments will
be met.
Please provide;
details of whether the site has been
brought forward through the Affordable
Housing Policy, and if so, how many
homes will be targeted at Persons in
Affordable Housing Need;
b)
3%
0-3
3%
Please provide;
details of any statutory consents
(including planning applications, building
warrant applications and regulatory
consents) obtained and, where not yet
obtained, the status of such consents;
c)
0-3
Please provide;
an indication of other land burdens (I.e.
acknowledgement and commitment to
Section 75 obligations or other land and
planning conditions
20
0-3
3%
d)
8.6
Community
Benefits
Please provide;
information on whether or not the
development site has been mothballed
a)
Please provide;
details of any proposed compliance with
Highest scores will be the Edinburgh Guarantee, any training
and employment outcomes (particularly
awarded where
for younger people), and any other
applicants evidence
community benefits associated with the
that they will
endeavour to meet the proposed project.
Edinburgh guarantee.
8.7
Approach to
Management
and
Maintenance;
This statement must
not exceed 750
words.
Applicants must provide a statement
setting out (and if possible providing
evidence) how they propose to market,
manage and maintain the homes as
named in Schedule A of the Application
Form. This statement should include
information on any leasing arrangement
which will be put in place by RSLs and, if
applicable, subsidiary organisations.
RSLs should note that their proposed
management and maintenance
arrangements will require to be
compatible with their debt repayment
proposals for the project.
0-3
3%
0-3
3%
0-3
3%
Applicants will score
highly if they can
evidence that their
organisation is
capable of managing
and maintaining
affordable homes
(particularly mid
market rent) as well
as marketing homes
and meeting industry
standards.
For Schedule D: Location, Construction & Management proposal sections (8.1 to 8.7);
Maximum score: 48
This score will form 50% of the application’s overall score
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9
Appendix 1: Business Probity
(Appendix to Schedule B - Compliance With Requirements)
9.1
PART A - BACKGROUND INFORMATION - Mandatory
a)
Address of
Registered Office
(If applicable)
b)
Nature of
Organisation
(E.g. Plc, Partnership
etc).
c)
Names of the
Directors or
Partners
d)
Group
If the Organisation is a Member
of a Group of Companies,
please give the name and
address and any company
registration number of the
ultimate parent company.
e)
Company
Registration
Number
(or alternative EU
registration number).
f)
VAT Registration
Number
(or alternative EU
registration number).
22
9.2
PART B - BACKGROUND INFORMATION – PRINCIPAL SUBCONSULTANTS Mandatory
a)
Consortium Details – Mandatory
If you are applying on behalf on a consortium please complete the following
sections for all consortia members (please note that loans through this facility
are only available for RSLs and RSL subsidiaries).
Mandatory
Nature of Appointment
Name and address
Nature of Appointment
Name and address
Nature of Appointment
Name and address
Nature of Appointment
Name and address
b)
Sub Consultant details (if known) - Mandatory
Please complete the following sections for all sub-consultants.
Mandatory
Name and address
Identify which part of the contract this
sub consultant will deliver.
23
Name and address
Identify roughly which part of the
contract this sub consultant will
deliver.
Name and address
Identify roughly which part of the
contract this sub consultant will
deliver.
9.3
PART C – CONVICTION OF CRIMINAL OFFENCES – Mandatory Pass/Fail
Please note that it is mandatory to answer all the questions in this section. Failure to
do so will result in the automatic removal of your organisation from the application
process.
Have any of the directors, partners or any other person who has powers of
representation, decision or control of the organisation ever been convicted of
any of the following offences? If you answer yes to any of these questions
please give details. Please note that by virtue of the Rehabilitation of
Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order
2007 information in relation to spent convictions is also required to be
disclosed.
a)
The common law offence of conspiracy where the
YES
conspiracy relates to participation in a criminal
organisation;
NO
b)
c)
Corruption within the meaning of section 1 of the
Public Bodies Corrupt Practices Act 1889 or section 1
of the Prevention of Corruption Act 1906;
YES
NO
Has the provider ever been convicted of bribery within YES
the meaning of section 1 or section 6 of the Bribery Act
2010?
NO
24
d)
Bribery or corruption within the meaning of section 68
and 69 of the Criminal Justice (Scotland) Act 2003;
YES
NO
e)
The common law offence of incitement to commit a
crime;
f)
Fraud, where the offence relates to fraud affecting the
financial interests of the European Communities as
defined by Article 1 of the Convention relating to the
protection of the financial interests of the European
Union, within the meaning of:
i
the offence of cheating the Revenue;
ii
the common law offence of fraud;
iii
the common law offence of theft or fraud;
iv
fraudulent trading within the meaning of section 458 of
the Companies Act 1985;
v
defrauding the Customs within the meaning of the
Customs and Excise Management Act 1979 and the
Value Added Tax Act 1994;
vi
an offence in connection with taxation in the European
Community within the meaning of section 71 of the
Criminal Justice Act 1993; or
vii
the common law offence of uttering;
viii
the criminal offences at common law of attempting to
pervert the course of justice;
g)
Money laundering within the meaning of the Money
Laundering Regulations 2007;
YES
NO
YES
NO
YES
NO
h)
9.4
Any other offence within the meaning of Article 45(1) of YES
EC Directive 2004/18 as defined by the national law of
any relevant state.
NO
PART D - BUSINESS PROBITY - Mandatory Pass/Fail
25
Please note that it is mandatory to answer all the questions in this section. Failure to
do so will result in the automatic removal of your organisation from the application
process.
Please answer yes or no to the following questions: If you answer yes to any
of these questions please give details.
a)
Is the organisation bankrupt or being wound up, having
YES
its affairs administered by the court, or have you
entered into an arrangement with creditors, suspended
NO
business activities or any analogous situation arising
from similar proceedings under national laws or
regulations?
b)
c)
d)
Is the organisation the subject of proceedings for a
declaration of bankruptcy, for compulsory winding-up or
administration by the court or for an arrangement with
creditors or of any other similar proceedings under
national laws or regulations?
YES
Has the organisation been convicted of an offence
concerning its professional conduct by a judgement
which has the force of res judicata?
YES
Has any director or partner been found guilty of grave
professional misconduct?
YES
NO
NO
NO
e)
f)
9.5
Has the organisation failed to fulfil obligations relating to
the payment of social security contributions in
accordance with the legal provisions of the United
Kingdom or the country in which it is established?
YES
Has the organisation failed to fulfil obligations relating to
the payment of taxes in accordance with the legal
provisions of the United Kingdom or the country in
which it is established?
YES
NO
NO
PART E – Health and Safety/ Equal Opportunities - Mandatory Pass/Fail
26
Please note that it is mandatory to answer all the questions in this section. Failure to
do so will result in the automatic removal of your organisation from the application
process.
a)
b)
Does the organisation have an active health and safety
policy in place internally and through its partnerships
with sub contractors?
Can the organisation confirm that it complies the Race
Relations Act 1976, Sex Discrimination Acts 1975 and
1986, Equal Pay Act 1970, Disability Discrimination Act
1995, Equality Act 2006 and from October 2010, the
Equalities Act 2010?
YES
NO
YES
NO
Application forms must be submitted by 12 noon, 16 April 2013:
Emailed to: HousingInvestment@edinburgh.gov.uk, and
Two hard copies and a digital version on CD; by post or delivered by hand to:
Alex Blyth
The City of Edinburgh Council
Strategy and Investment
Business Centre C3
4 East Market Street
Edinburgh
EH8 8BG
27