New Care Partnership for Gloucestershire
April 2005
We were proud to assist The Gloucestershire Care Partnership, ("GCP") on the recent
successful conclusion of negotiations with Gloucestershire County Council for a
35 year contract for the operation, maintenance and development of 22 care homes
for the elderly in Gloucestershire. GCP secured preferred bidder status in January
2005 and signature of the contracts took place on 29 April 2005 in record time,
with a successful transfer on 1 May. GCP is a charitable joint venture company formed
by The Orders of St John Care Trust and Bedfordshire Pilgrims Housing Association.
OSJCT will operate the care homes and employ the care staff, whilst BPHA will be
responsible for property renewal and capital investment in the care homes.
We advised GCP on the project documents and leases with the County Council including
drafting, negotiating and settling the terms. Sub-contracts were also prepared and
settled by us to ensure that risks were appropriately divided between the two joint
venture partners. The project involved complex issues and advice, such as the TUPE
transfer of 1200 staff, regulatory requirements of the Commission for Social Care
Inspection and the Care Standards Act 2000. Due diligence was carried on the outgoing
provider, to ascertain the extent of any risks and liabilities which GCP would inherit.
We investigated title of 22 project sites and concluded new leases on each.
Our team was led by Director, Mark Johnson, assisted by Peter Chase, Melanie Taylor
and Preety Singh, working in partnership with the Council's advisers, Wragge &
Co and Ernst & Young and BPHA's lawyers, Lewis Silkin.
Nigel Reed, Chief Executive of OSJCT, commented "We are delighted that the contract
for the transfer of the 21 care homes has now been signed. The encouragement and
support provided by our partners throughout the transfer negotiations has been greatly
appreciated and we look forward to working in partnership with them over the coming
years".
Mark Johnson said, "This is the kind of complex partnership project we do best at
TPPL. It was a time critical multi-layered project involving taking on parts of
an existing business, whilst at the same time establishing a new joint venture vehicle
with an appropriate division of risks and rewards. All negotiations had to be concluded
within strict deadlines to ensure a smooth handover of residents and staff".
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For More Information Contact:
The Projects Partnership Limited Linton House 164-180 Union St
London SE1 0LH
T: 020 7620 0888
F: 020 7620 0778
E: info@tpplaw.co.uk
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