Common use of FREEDOM OF INFORMATION ACT AND ENVIRONMENTAL INFORMATION REGULATIONS Clause in Contracts

FREEDOM OF INFORMATION ACT AND ENVIRONMENTAL INFORMATION REGULATIONS. The Provider acknowledges that the Authority and the Customers are subject to the requirements of the FOIA and the EIR and shall assist and cooperate with the Authority to enable the Authority to comply with its Information disclosure obligations. The Provider shall and shall procure that its Staff shall: transfer to the Authority all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information; provide the Authority with a copy of all Information in its possession, or power in the form that the Authority requires within five Working Days (or such other period as the Authority may specify) of the Authority’s request; and provide all necessary assistance as reasonably requested by the Authority to enable the Authority 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 EIR. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. In no event shall the Provider respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Provider acknowledges that (notwithstanding the provisions of Clause 20. Confidentiality) the Authority 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 EIR to disclose information concerning the Provider or the provision of Services under this Framework Agreement: in certain circumstances without consulting the Provider; or following consultation with the Provider and having taken their views into account; provided always that where this Clause 22.5 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Provider advanced notice, or failing that, to draw the disclosure to the Provider’s attention after any such disclosure.

FREEDOM OF INFORMATION ACT AND ENVIRONMENTAL INFORMATION REGULATIONS. The Provider Supplier acknowledges that the Authority YPO and the Customers Contracting Authorities are subject to the requirements of the FOIA and the EIR and shall assist and cooperate with the Authority YPO to enable the Authority YPO to comply with its Information disclosure obligations. The Provider Supplier shall and shall procure that its Staff shall: transfer to the Authority YPO all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Authority YPO with a copy of all Information in its possession, or power in the form that the Authority YPO requires within five (5) Working Days (or such other period as the Authority YPO may specify) of the AuthorityYPO’s request; and provide all necessary assistance as reasonably requested by the Authority YPO to enable the Authority YPO 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 EIR. The Authority EIR YPO shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. In no event shall the Provider Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityYPO. The Provider Supplier acknowledges that (notwithstanding the provisions of Clause 20. 20 Confidentiality) the Contracting Authority 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 EIR to disclose information concerning the Provider Supplier or the provision of Goods and/or Services under this Framework Agreement: in certain circumstances without consulting the ProviderSupplier; or following consultation with the Provider Supplier and having taken their views into account; provided always that where this Clause 22.5 21 applies the Authority YPO shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Provider Supplier advanced notice, or failing that, to draw the disclosure to the ProviderSupplier’s attention after any such disclosure.

FREEDOM OF INFORMATION ACT AND ENVIRONMENTAL INFORMATION REGULATIONS. The Provider Supplier acknowledges that the Authority YPO and the Customers Contracting Authorities are subject to the requirements of the FOIA and the EIR and shall assist and cooperate with the Authority YPO to enable the Authority YPO to comply with its Information disclosure obligations. The Provider Supplier shall and shall procure that its Staff shall: transfer to the Authority YPO all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; provide the Authority YPO with a copy of all Information in its possession, or power in the form that the Authority YPO requires within five (5) Working Days (or such other period as the Authority YPO may specify) of the AuthorityYPO’s request; and provide all necessary assistance as reasonably requested by the Authority YPO to enable the Authority YPO 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 EIR. The Authority EIR YPO shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. In no event shall the Provider Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityYPO. The Provider Supplier acknowledges that (notwithstanding the provisions of Clause 20. 20 Confidentiality) the Contracting Authority 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 Xxx 0000 (“the Code”), be obliged under the FOIA, or the EIR to disclose information concerning the Provider Supplier or the provision of Goods and/or Services under this Framework Agreement: in certain circumstances without consulting the ProviderSupplier; or following consultation with the Provider Supplier and having taken their views into account; provided always that where this Clause 22.5 21 applies the Authority YPO shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Provider Supplier advanced notice, or failing that, to draw the disclosure to the ProviderSupplier’s attention after any such disclosure.