Kashmir

Thank you for your FOI request of 23 November 2010.

I can confirm that we have commenced the investigation into your request
and will respond within twenty working days beginning 24 November 2010.

Many thanks

Jackie Law

Legal Secretary

0191 2296547

[1][email address]

One North East - the regional development agency for North East England,
visit http://www.onenortheast.co.uk to find out more.

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References

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1. mailto:[email address]

Dear Kashmir,

Thank you for your email.

You have very kindly provided me with links to two requests on the
Whatdotheyknow.com website. I attach your request for completeness.

In relation to the requests:

1) http://www.whatdotheyknow.com/request/su...

We are working on the assumption that these are the questions that you are
referring to:

From the website:

"This request under the FOI Act is related to project related

financial transactions with subsidiary companies and/or "Special

Purpose Vehicles" and funding recipients' breach of procurement

requirements and "clawback" of grant by ONE North East for the

financial years 2008/09, 2009/10 and 2010/11.

(1) Please list all subsidiary companies and/or "Special Purpose

Vehicle" companies, ie companies that are either wholly owned by

ONE North East (eg Enterprise Development North East Ltd) or have a

financial tie such as "right of lien over all capital assets" held

by ONE North East" (eg The Centre of Excellence in Digital

Technology and Media Ltd trading as Codeworks).

(2) Please list details of any wholly owned subsidiary companies of

the list provided in response to (1), eg The Centre of Excellence

in Digital Technology and Media Ltd trading as Codeworks owns 100%

of the issued share capital of Codeworks Enterprises Ltd.

(3) Please list all companies where ONE hold 30% or more issued

shares and if the shareholding has been disposed of within the time

period requested above please provide date of disposal and details

of any financial consideration given in return of shares disposed,

eg One North East had 40% of issued shares in NEL Management Group

Ltd which was disposed of on the 6th August 2009 in exchange for

£220,000 paid by NF Holdings Ltd.

(4) Please list any assets that have been disposed of by a

subsidiary company (as provided in response to (1)) and please also

provide details of date disposed, how disposal was fairly

advertised/promoted, legal entity to whom the assets were

transferred together with details of financial consideration given

in return for those assets.

(5) Please list all ONE North East projects (including business

case title, PMS project/reference number, amount of Single

Programme funding, amount(s) of other funding, eg ERDF and date of

project award) that have been awarded to companies provided in

response to (1), (2) or (3) where a tendering process has not taken

place.

(6) Please list all projects (including business case title, PMS

project/reference number, amount of Single Programme funding,

amount(s) of other funding, eg ERDF and date of project award) that

have been awarded to companies provided in response to (1), (2) and

(3) where a tendering process has taken place.

(7) Please list all projects (including business case title, PMS

project/reference number, amount of Single Programme funding,

amount(s) of other funding, eg ERDF and date of project award) that

have been awarded to companies that have no connection with ONE

North East (eg not listed in response to (1), (2) or (3)) and where

a tendering process has not taken place, eg The Difference Engine /

The Cloud Foundry PMS Project Number NE005325 project awarded £336K

Single Programme, and £200K investment capital via the Design &

Creative Fund managed by EDNE Ltd to the North East Business and

Innovation Centre Ltd in October 2009.

re: Single Programme & European Funding Procurement Handbook

(http://www.onenortheast.co.uk/page/erdfe...)

"Funding recipients should be aware that a breach of procurement

requirements is the most common reason for claw back of grant and

the procedures must be carefully followed and monitored throughout

the project to mitigate the risk of failing to procure correctly.It

is therefore important to ensure that the procurement rules as set

out in the Funding Allocation Letter (FAL) are strictly adhered to

during the delivery of the project for the acquisition of services,

supplies and/or Works in the delivery of the project."

(8) Please provide details of all instances of clawback carried out

by ONE North East (including business case title, PMS

project/reference number, amount of clawback, legal entity that was

subject to the clawback and reason for clawback), eg The Difference

Engine / The Cloud Foundry PMS Project Number NE005325, 25% of

contract (£134K) from North East Business and Innovation Centre Ltd

for "Non respect of sufficient degree of advertising" as per

section 6.5 of Single Programme and European Funding Procurement

Handbook

(http://www.whatdotheyknow.com/request/th...).

(9) Please provide details of all instances of breaches of

procurement requirements where ONE North East is aware of the

breach and has not pursued clawback. Please provide business case

title, PMS project/reference number, potential clawback amount,

legal entity that was subject to the breach, reason for the

potential clawback and reason for not pursuing the clawback), eg

The Difference Engine / The Cloud Foundry PMS Project Number

NE005325, 25% of contract (£134K) from North East Business and

Innovation Centre Ltd for "Non respect of sufficient degree of

advertising" as per section 6.5 of Single Programme and European

Funding Procurement Handbook

(http://www.whatdotheyknow.com/request/th...),

not pursued due to..."

2) http://www.whatdotheyknow.com/request/fi...

With regard to this request, on the website it is marked as not having
been responded to by the Agency which is not correct. If you look on the
web page you will see that a response has been provided by One North East
to Mr Burke as he refers to it on his web page. There is a link to the
response. I attach a copy for your information.

Mr Burke made a request on the 27th April which was responded to on the
18th May 2010 - see attached letter

Following receipt of the response Mr Burke made further request on the
20th May 2010 which the Agency responded to on the 17th June 2010. A copy
of this response is on the website but for completeness I attach a copy.

I hope this information is of assistance to you.

If you have any queries please don't hesitate to contact me.

Yours Sincerely,

Anna-Marie Flood

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Dear Mr Kalerai

Please find attached your FOI response and supporting documentation.

Please let us know if you require anything further.

Kind regards
Jackie Law

Legal Secretary

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Dear Mr Kalerai

Please find attached your FOI response.

If you have any questions, please don't hesitate to contact us.

Kind regards
Jackie Law

Legal Secretary

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Dear Kashmir Kalerai

Thank you for your email. I will ensure someone looks into this, and
will get back to you once I have further information.

Kind regards
Jackie Law

Legal Secretary

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Dear Ms Kashmir,

Thank you for your email.

I attach my response of the 24th Dec and your original request.

Here is the link which you provided me with which has the link to the
Agency's response
[1]http://www.whatdotheyknow.com/request/fi...

For completeness I attach a copy of our response.

Please see the end of this email for the attachments. I hope this
information is of assistance to you.

Kind Regards

Anna- Marie Flood

Senior Solicitor

One North East

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