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

FREEDOM OF INFORMATION AND ENVIRONMENTAL INFORMATION. 19.1 Each Council acknowledges that the other Councils are subject to the requirements of the Freedom of Information Act 2000 (“FoIA”) and the Environmental Information Regulations 2004 (“EIR”) and each Council shall where reasonable assist and co- operate with the other Councils (at their own expense) to enable the other Councils to comply with these information disclosure obligations. 19.2 Where a Council receives a request for information under either the FoIA or the EIR in relation to information which it is holding on behalf of any of the other Councils in relation to the Project, it shall:- 19.2.1 transfer the request for information to the other Councils as soon as practicable after receipt and in any event within two (2) Business Days of receiving a request for information; 19.2.2 provide the other Councils with a copy of all information in its possession or power in the form that the Councils reasonably require within ten (10) Business Days (or such longer period as the Councils may specify) of the Council requesting that information; and 19.2.3 provide all necessary assistance as reasonably requested by the other Councils to enable the Council to respond to a request for information within the time for compliance set out in the FoIA or the EIR. 19.3 Where a Council receives a request for information under the FoIA or the EIR which relates to this Agreement or the Project, it shall inform the other Councils of the request for information as soon as practicable after receipt and in any event at least two (2) Business Days before disclosure and shall use all reasonable endeavours to consult with the other Councils prior to disclosure and shall consider all representations made by the other Councils in relation to the decision whether or not to disclose the information requested. 19.4 The Councils shall be responsible for determining in their absolute discretion whether any information requested under the FoIA or the EIR:- 19.4.1 is exempt from disclosure under the FoIA or the EIR; or 19.4.2 is to be disclosed in response to a request for information. 19.5 Each Council acknowledges that the other Councils may be obliged under the FoIA or the EIR to disclose information:- 19.5.1 without consulting with the other Councils where it has not been practicable to achieve such consultation; or 19.5.2 following consultation with the other Councils and having taken their views into account.