Freedom of Information Act 2000. 13.1.1. Where a party to this agreement is subject to the requirements of the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) all parties shall assist and co-operate with the other to enable the other party to comply with its obligations under FOIA and the EIR. This is in line with the requirements laid out in the Lord Chancellor’s Code of Practice issued under section 45 of FOIA.
13.1.2. Where a party receives a request for information in relation to information which it received from another partner, it shall (and shall procure that its sub- contractors shall): • Contact the other party within two working days after receipt and in any event within two working days of receiving a Request for Information; • The originating authority will provide all necessary assistance as reasonably requested by the party to enable the other party to respond to a request for Information within the time for compliance set out in Section 10 of the FOIA or Regulation 5 of the EIR.
13.1.3. On receipt of a request made under the provisions of the FOIA in respect of information provided by or relating to the information provided by XXXX, the EMM representative is to ascertain whether the NPCC wishes to propose the engagement of any exemptions via the NPCC FOI mailbox: xxxx.xxx.xxxxxxx@xxx.xxx.xxxxxx.xx
13.1.4. The decision as to whether to disclose the information remains with EMM, but will be made with reference to any proposals made by the NPCC.
Freedom of Information Act 2000. 2.1 The Freedom of Information Act 2000 (FOIA) applies to the Authority.
2.2 Offerors should be aware of the Authority’s obligations and responsibilities under the FOIA to disclose, on request, recorded information held by the Authority. Information provided by Offerors in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, may therefore have to be disclosed by the Authority in response to such a request, unless the Authority decides that one of the statutory exemptions under the FOIA applies. The Authority may also include certain information in the publication scheme, which it maintains under the FOIA. In certain circumstances, and in accordance with the Code of Practice issued under section 45 of the FOIA or the Environmental Information Regulations 2004, the Authority may consider it appropriate to ask Offerors for their views as to the release of any information before a decision on how to respond to a request is made. In dealing with requests for information under the FOIA, the Authority must comply with a strict timetable and the Authority would, therefore, expect a timely response to any such consultation within five working days.
2.4 If Offerors provide any information to the Authority in connection with this procurement exercise, or with any Contract that may be awarded as a result of this exercise, which is confidential in nature and which an Offeror wishes to be held in confidence, then Offerors must clearly identify in their offer documentation the information to which Offerors consider a duty of confidentiality applies. Offerors must give a clear indication, which material is to be considered confidential and why you consider it to be so, along with the time period for which it will remain confidential in nature. The use of blanket protective markings such as “commercial in confidence” will no longer be appropriate. In addition, marking any material as “confidential” or equivalent should not be taken to mean that the Authority accepts any duty of confidentiality by virtue of such marking. Please note that even where an Offeror has indicated that information is confidential, the Authority may be required to disclose it under the FOIA if a request is received.
2.5 The Authority cannot accept that trivial information or information which by its very nature cannot be regarded as confidential should be subject to any obligation of confidence.
2.6 In certain circumstances where informati...
Freedom of Information Act 2000. All NHS Organisations’ records and documents, apart from certain limited exemptions, can be subject to disclosure under the Freedom of Information Act 2000. Records and documents exempt from disclosure would, under most circumstances, include those relating to identifiable individuals arising in a personnel or staff development context. Details of the application of the Freedom of Information Act within the may be found in the publications scheme.
Freedom of Information Act 2000. 12.1.1. Where a party to this Agreement is subject to the requirements of the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) all parties shall assist and co-operate with the other to enable the other party to comply with its obligations under FOIA and the EIR. This is in line with the requirements laid out in the Lord Chancellor’s Code of Practice issued under section 45 of FOIA.
12.1.2. Where a party receives a request for information in relation to information which it received from the other party, it shall (and will ensure that any sub- contractors it procures shall also):
a. Contact the other party within two working days after receipt and in any event within two working days of receiving a request for information; and
b. The originating authority will provide all necessary assistance as reasonably requested by the party to enable the other party to respond to a request for information within the time for compliance set out in section 10 of the FOIA or Regulation 5 of the EIR.
12.1.3. On receipt of a request made under the provisions of the FOIA in respect of information provided by or relating to the information provided by ACRO, the ICO representative is to ascertain whether the NPCC wishes to propose the engagement of any exemptions via the NPCC FOI mailbox: xxxx.xxx.xxxxxxx@xxxxx.xxxxxx.xx
12.1.4. The decision as to whether to disclose the information remains with ICO, but will be made with reference to any proposals made by the NPCC.
Freedom of Information Act 2000. 49.1 The Contractor acknowledges that IWM is subject to the requirements of the Freedom of Information Act (“FOIA”) and the Environmental Information Regulations (“EIRs”). The Contractor shall, at its own expense, assist and cooperate with IWM to enable IWM to comply with its information disclosure obligations.
49.2 Where the Contractor holds on behalf of IWM information that is subject to the FOIA and EIR, the Contractor shall and shall procure that its sub-contractors shall:
(a) transfer any request for information received by the Contractor to IWM as soon as practicable after receipt and in any event within two working days of receiving a request for information;
(b) provide IWM with a copy of all Information in its possession, or power in the form that IWM requires within five Working Days (or such other period as IWM may specify) of IWM’s request; and,
(c) provide all necessary assistance, as reasonably requested by IWM to enable IWM to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or Regulation 5 of the Environmental Information Regulations.
49.3 IWM shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations
49.4 The Contractor shall only respond to a Request for Information unless this has been submitted by a nominated representative of IWM.
49.5 The Contractor acknowledges that (notwithstanding the provisions of clause 49) IWM may, acting in accordance with the Secretary of State for Constitutional Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services in certain circumstances:
(a) without consulting the Contractor; or
(b) following consultation with the Contractor and having taken their views into account;
(a) applies IWM shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’ attention after any such disclosure.
49.6 The Contractor shall ensure that a...
Freedom of Information Act 2000. Most signatories to this agreement are public authorities and therefore subject to Freedom of information Act 2000. Where a signatory is not a public authority this section will not apply to that organisation of information held by that organisation. The Freedom of Information Act 2000 grants a right of access to any information held by public authorities, unless there are valid legal reasons why this information should not be disclosed. It is intended to promote a culture of openness and to facilitate a better public understanding of how public authorities carry out their duties, the reasoning behind their decisions, and how public money is spent. The Freedom of Information Act 2000 does not interfere with the public authority’s obligation to protect personal or confidential data, nor does it inhibit an individual’s right to access their own personal information, as prescribed under the Data Protection Act 1998. Public Authorities have an obligation under the Freedom of Information and Data Protection Acts to consider requests from any person or organisation for access to any information that they hold. This may include safeguarding adult information, including the minutes of meetings and information shared by any other party in connection with safeguarding adult investigations. Public Authorities will not release information if any of the exemptions defined in the Freedom of Information Act 2000 or Data Protection Act 1998 apply. The exemptions include personal information, information supplied in confidence, information for which a claim to legal professional privilege can be maintained, and information where disclosure would prejudice the effective conduct of social work. There may be circumstances where information relating to safeguarding adult investigations is released, but only where it is appropriate to do so. A situation where information may be released would be where a case has been concluded with no concerns regarding the safety of those involved, and where permission has been received from all relevant parties for the disclosure of the information. However, advice should always be sought from Legal, Data Protection, Information Governance and Caldicott Guardian as appropriate.
Freedom of Information Act 2000. (FOIA) and Environmental Information Regulations 2004 (EIR) All recorded information held by public authorities is subject to the provisions of FOIA and EIR. An agency/organisation may receive a request under the FOIA or EIR. It has been agreed that when an agency/organisation receives a request for information which has been shared under this ISA, the agency/organisation which receives the request will consult with the agency/organisation which provided the information and consider their views as part of its decision-making process in respect of how to respond to the request. Nothing in this section shall prevent any partner agency/organisation from exercising its obligations and responsibilities under the FOIA or the EIR as they see fit.
Freedom of Information Act 2000. 12.1.1. Where a party to this agreement is subject to the requirements of the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) all parties shall assist and co-operate with the other to enable the other party to comply with its obligations under FOIA and the EIR. This is in line with the requirements laid out in the Lord Chancellor’s Code of Practice issued under section 45 of FOIA.
12.1.2. Where a party receives a request for information in relation to information which it received from another partner, it shall (and shall procure that its sub- contractors shall): • Contact the other party within two working days after receipt and in any event within two working days of receiving a Request for Information; • The originating authority will provide all necessary assistance as reasonably requested by the party to enable the other party to respond to a request for Information within the time for compliance set out in Section 10 of the FOIA or Regulation 5 of the EIR.
12.1.3. On receipt of a request made under the provisions of the FOIA in respect of information provided by or relating to the information provided by ACRO, the Probation Board of Northern Ireland (PBNI) representative is to ascertain whether the NPCC wishes to propose the engagement of any exemptions via the NPCC FOI mailbox: xxxx.xxx.xxxxxxx@xxx.xxx.xxxxxx.xx
12.1.4. The decision as to whether to disclose the information remains with Probation Board of Northern Ireland (PBNI), but will be made with reference to any proposals made by the NPCC.
Freedom of Information Act 2000. 20.1. The Partners and the HLO are under a statutory obligation to disclose certain information in order to comply with the Freedom of Information Act 2000 (FOIA) and the Partners shall provide such assistance and co-operation as the HLO reasonably requires in order to enable the HLO to comply with any request for disclosure of information which the HLO is legally obliged to disclose.
20.2. The Partners shall, if required, provide and shall use all reasonable endeavours to procure that its sub-contractors provide, at the expense of the sub-contracting Partner, such information as the HLO reasonably requires in order to enable the HLO to comply with any request for disclosure of information which the HLO is legally obliged to disclose in such form as the HLO reasonably requires and within ten Working Days of receiving a request for information.
20.3. Failure to provide such information in accordance with the terms of this Agreement shall be a breach of this Agreement and the relevant Partner shall indemnify the HLO for any losses, liabilities, claims, costs, damages and/or expenses that the HLO may incur by reason of such a breach, including but not limited to losses, liabilities, claims, costs, damages and/or expenses arising directly or indirectly as a result of any decision of the Information Commissioner that such information shall be disclosed.
20.4. The HLO shall not be liable for any claims, costs, expenses, loss, damage and/ or detriment, however caused, arising from disclosure of any information disclosed by the HLO in compliance with a request for information under the FOIA. The HLO shall be responsible for determining at its absolute discretion whether any information is exempt from disclosure under the FOIA or is to be disclosed in response to a request for information. In no event shall the relevant Partners respond directly to a request for information.
Freedom of Information Act 2000. 8.1.1 Both parties, on receipt of a request made under the provisions of the Freedom of Information Act 2000 in respect of information relating to or created by this ISA and the services provided under it, shall immediately contact the relevant nominated individual for the other party to advise them of the nature of the request and to ascertain whether the other party wishes to propose the engagement of any relevant exemptions under the Act to the requested information prior to responding to the requestor.
8.1.2 The NPCC FOI Mailbox address is: xxxx.xxx.xxxxxxx@xxx.xxx.xxxxxx.xx
8.1.3 Mutual consultation on the proposed engagement of exemptions notwithstanding, the final responsibility for responding to requests for information made under the Act rests with the party to which the request was directed.
