The role of the Performance Assurance Board is to conduct and administer activities to provide assurance that all participants in the 1998 Trading Arrangements are suitably qualified to participate within the 1998 market and that the relevant operational standards (as determined by Pool Members) are maintained.

The Performance Assurance Board shall be convened for the conduct and application of:

• the Certification and Accreditation Process;
• the PRS Entry Process and Supplier Entry Process; and
• Performance Assurance Techniques, Standards and Tests as defined within AP526, AP532, AP533, AP534, AP535 and AP536.

Four Pool Members or their nominated ‘Performance Assurance Board alternates’

To be given only to Board Members, the Pool Chairman, the Chief Executive, the Performance Assurance Administrator, OFFER and the Pool Auditor.

If the meeting addresses matters concerning the Certification an/or Accreditation (or removal thereof of any person, then notice shall additionally be given to the Certification Agent and the person whose Certification or Accreditation is to be addressed.

The Pool Chairman, the Performance Assurance Administrator, OFFER and the Pool Auditor shall have the right to attend and speak (but not vote). The Chief Executive (or his appointed representative) shall be obliged to attend.

Any question or matter arising at a meeting shall be decided by a simple majority of the votes cast at the meeting by Board Members entitled to vote. Each Board Member shall be entitled to one vote.

Decisions made by the Performance Assurance Board shall have immediate effect (unless determined otherwise) and shall not be referred to Pool Members in General Meeting.

Decisions relating to the Certification and Accreditation of Agency Services can be appealed to OFFER in accordance with AP531.

All other decisions may be appealed at Pool Members Meeting.

Minutes shall be confidential and shall be provided only to those persons who were entitled to attend the relevant meeting.

Each Performance Assurance Board Member shall be required, when performing Performance Assurance Board functions, to act independently of the interests of his employer, of any affiliate of his employer and of those Pool Members who interests he represents when acting as a member of the Performance Assurance Board.

Members shall not disclose to their employers (or any affiliate of their employers) any confidential information received in their capacity as the Performance Assurance Board unless:

• required to do so by law;
• required to do so in order to comply with Licence conditions;
• required to do so by any regulatory authority; or
• required to do so under the rules of an arbitration process.
• required to do so under the provisions of the Pooling & Settlement Agreement.

in which case prior written notice of the disclosure shall be made to the Performance Assurance Board.

The total aggregate liability of the Performance Assurance Board and the Performance Assurance Administrator to any interested person shall in no circumstances exceed £1,000,000 per claim or series of related claims.

All Pool Members shall jointly and severally indemnify and keep indemnified:

• The Performance Assurance Board;
• A member of the Performance Assurance Board;
• The Performance Assurance Administrator; and
• Any sub-committee or sub-group of the Executive Committee that provides advice to the Performance Assurance Board or Performance Assurance Administrator or which undertakes work at the request of the Performance Assurance Board.

in accordance with the provisions of Schedule 8 of the Pooling & Settlement Agreement.

The Performance Assurance Board shall have due regard to the collective interests of Pool Members. The responsibilities of the Performance Assurance Board are owed exclusively to Pool Members collectively, and to no other person.

The primary functions of the Performance Assurance Board, summarised from Schedules 8 and 25 of the Pooling and Settlement Agreement (23^rd Supplemental) are:

1. The conduct and administration of (including the making of determinations not otherwise reserved to Pool Members under) the PRS Entry Process and the Supplier Entry Process in accordance with the Pooling & Settlement Agreement and Agreed Procedures AP511 and AP512.
2. The conduct and administration of the Certification and Accreditation process in accordance with Schedule 25 of the Pooling and Settlement Agreement and Agreed Procedure AP531.
3. The determination of whether a Supplier has failed to comply with the relevant performance standards and of the associated charges payable in accordance with Part 3 of Schedule 31 of the Pooling & Settlement Agreement.
4. The conduct and administration of the performance assurance standards and tests set out or referred to in Agreed Procedure AP532 and AP533.

The conduct and administration of the Performance Assurance Escalation

Procedure set out in PAB13/299.

Also, the conduct and administration of, and publication of the results of, any peer group comparison associated with such performance standards and tests in accordance with Agreed Procedure AP534.

5. The carrying out of those functions, duties and responsibilities accorded to it in Agreed Procedures AP526 and A535 together with such monitoring and technical assurance functions duties and responsibilities referred to in sub-section 2.3 of Schedule 28 as assigned to it by the Executive Committee.
7. The carrying out of those functions, duties and responsibilities associated with the Removal of Accreditation in accordancewith Agreed Procedure AP534.
8. The Performance Assurance Board shall appoint (and remove) from time to time a Performance Assurance Administrator on behalf of all Pool Members in accordance with Schedule 8 of the Pooling and Settlement Agreement.