Common use of MATERIAL INSTRUCTIONS Clause in Contracts

MATERIAL INSTRUCTIONS. 34.1. Any Authority (or group of Authorities numbering fewer than all the Authorities) may require an instruction to be given to the Service Provider, a dispute settlement reached or a variation made to the Joint Contract whereby a payment or saving is due, the Services are augmented, changed, omitted, reduced or additional services added (a Material Instruction). 34.2. Any Material Instruction shall be proposed by an Authority (Proposing Authority) through the Contract Partnering Board which shall refer it down to the Authorities’ Authorised Officer who may consult the Operations Forum or refer it to the Committee if appropriate. Provided that 34.2.1. the Material Instruction is not unlawful (in procurement law terms or otherwise); and 34.2.2. the costs or savings are capable of being identified and attributed to the Proposing Authority only; and 34.2.3. the Material Instruction will have no detrimental impact on the other Authorities; or 34.2.4. if the Material Instruction does have a detrimental impact the other Authorities are returned to a no worse position by the Proposing Authority; and 34.2.5. if the subject or consequence is a matter reserved for a Tier 1 decision, the Proposing Authority shall provide evidence of the Tier 1 decision; and 34.2.6. the Proposing Authority has taken into consideration the views of the other Authorities; the Proposing Authority shall be entitled give the Material Instruction to the Service Provider without prevention or interference by the other Authorities who shall not be entitled to veto the same. In such circumstance the Proposing Authority shall confirm to the CMO that it wishes the Material Instruction to be made and the CMO shall put the Material Instruction into effect. 34.3. Where a Material Instruction is implemented and the provisions of clause 34.2.4 apply: 34.3.1. the Proposing Authority shall be entitled to seek from the other Authorities a statement setting out the detriment and what the proposed return to a no worse position would involve (in costs and activities) and the other Authorities shall provide the same promptly and exhaustively; and 34.3.2. the Proposing Authority shall be responsible for any cost or payments to the Service Provider attributable to the Material Instruction and shall return the other Authorities to the no worse position (which, where clause 31.3.1 applies shall be limited to the detriment, costs and activities identified in the other Authorities’ response to a request made under clause 31.3.1).

MATERIAL INSTRUCTIONS. 34.1. Any Authority (or group of Authorities numbering fewer than all the Authorities) may require an instruction to be given to the Service Provider, a dispute settlement reached or a variation made to the Joint Contract whereby a payment or saving is due, the Services are augmented, changed, omitted, reduced or additional services added (a Material Instruction). 34.2. Any Material Instruction shall be proposed by an Authority (Proposing Authority) through the Contract Partnering Board which shall refer it down to the Authorities’ Authorised Officer who may consult the Operations Forum or refer it to the Committee if appropriate. Provided that 34.2.1. the Material Instruction is not unlawful (in procurement law terms or otherwise); and 34.2.2. the costs or savings are capable of being identified and attributed to the Proposing Authority only; and 34.2.3. the Material Instruction will have no detrimental impact on the other Authorities; or 34.2.4. if the Material Instruction does have a detrimental impact the other Authorities are returned to a no worse position by the Proposing Authority; and 34.2.5. if the subject or consequence is a matter reserved for a Tier 1 decision, the Proposing Authority shall provide evidence of the Tier 1 decision; and 34.2.6. the Proposing Authority has taken into consideration the views of the other Authorities; the Proposing Authority shall be entitled give the Material Instruction to the Service Provider without prevention or interference by the other Authorities who shall not be entitled to veto the same. In such circumstance the Proposing Authority shall confirm to the CMO that it wishes the Material Instruction to be made and the CMO shall put the Material Instruction into effect. 34.3. Where a Material Instruction is implemented and the provisions of clause 34.2.4 apply: 34.3.1. the Proposing Authority shall be entitled to seek from the other Authorities a statement setting out the detriment and what the proposed return to a no worse position would involve (in costs and activities) and the other Authorities shall provide the same promptly and exhaustively; andworse 34.3.2. the Proposing Authority shall be responsible for any cost or payments to the Service Provider attributable to the Material Instruction and shall return the other Authorities to the no worse position (which, where clause 31.3.1 34.3.1 applies shall be limited to the detriment, costs and activities identified in the other Authorities’ response to a request made under clause 31.3.134.3.1).