Common use of Freedom of Information and Transparency Clause in Contracts

Freedom of Information and Transparency. B39.1. The Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B39.2. If the Service Provider is not a Public Authority, the Service Provider acknowledges that the Customer is subject to the requirements of the FOIA and will assist and co-operate with the Customer to enable the Customer to comply with its disclosure obligations under the FOIA. Accordingly the Service Provider agrees: a) that this Contract and any other recorded information held by the Service Provider on the Customer’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Customer under the FOIA; b) that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the Customer; c) that if the Service Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the Customer) and will promptly (and in any event within two (2) Working Days) transfer the request to the Customer; d) that the Customer, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider and this Contract either without consulting with the Service Provider, or following consultation with the Service Provider and having taken its views into account; and e) to assist the Customer in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority within five (5) Working Days of such request and without charge.

Freedom of Information and Transparency. B39.1. 14.3.1 The Parties acknowledge their respective duties under the FOIA and must shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B39.2. 14.3.2 If the Service Provider Recipient is not a Public Authoritypublic authority, the Service Provider Recipient acknowledges that the Customer Council is subject to the requirements of the FOIA and will assist and co-operate with the Customer Council to enable the Customer Council to comply with its disclosure obligations under the FOIA. Accordingly the Service Provider Recipient agrees: (a) that this Contract Agreement and any other recorded information held by the Service Provider Recipient on the CustomerCouncil’s behalf for the purposes of this Contract Agreement are subject to the obligations and commitments of the Customer Council under the FOIA; (b) that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the CustomerCouncil; (c) that if the Service Provider Recipient receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the CustomerCouncil) and will promptly (and in any event within two (2) Working Days2 working days) transfer the request to the CustomerCouncil; (d) that the CustomerCouncil, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider Recipient and this Contract Agreement either without consulting with the Service ProviderRecipient, or following consultation with the Service Provider Recipient and having taken its views into account; and (e) to assist the Customer Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority an authority within five (5) Working Days 5 working days of such request and without charge. 14.3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. 14.3.4 Notwithstanding any other provision of this Agreement, the Recipient hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. 14.3.5 In preparing a copy of this Agreement for publication pursuant to clause 14.1.4 the Council may consult with the Recipient to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Council’s absolute discretion. 14.3.6 The Recipient shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information. 14.3.7 The Recipient shall be responsible for any costs associated with compliance with the provisions of this clause 14.

Freedom of Information and Transparency. B39.1. The Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B39.2. If the Service Provider is not a Public Authority, the Service Provider acknowledges that the Customer Commissioned Service is subject to the requirements of the FOIA and will assist and co-operate with the Customer Commissioned Service to enable the Customer Commissioned Service to comply with its disclosure obligations under the FOIA. Accordingly Accordingly, the Service Provider agrees: a) : that this Contract and any other recorded information held by the Service Provider on the CustomerCommissioned Service’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Customer Commissioned Service under the FOIA; b) ; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the Customer; c) Commissioned Service; that if the Service Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the CustomerCommissioned Service) and will promptly (and in any event within two (2) Working 2 Business Days) transfer the request to the Customer; d) Commissioned Service; that the CustomerCommissioned Service, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider and this Contract either without consulting with the Service Provider, or following consultation with the Service Provider and having taken its views into account; and e) and to assist the Customer Commissioned Service in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority Commissioned Service within five (5) Working 5 Business Days of such request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not Confidential Information. Notwithstanding any other provision of this Contract, the Provider hereby consents to the publication of this Contract in its entirety including from time to time agreed changes to this Contract subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. In preparing a copy of this Contract for publication pursuant to clause B37.4. the Commissioned Service may consult with the Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Commissioned Service’s absolute discretion. The Provider must assist and co-operate with the Commissioned Service to enable the Commissioned Service to publish this Contract.

Freedom of Information and Transparency. B39.1. 36.1 The Parties acknowledge their respective duties under the FOIA and must shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B39.2. 36.2 If the Service Provider is not a Public Authority, the Service Provider acknowledges that the Customer Council is subject to the requirements of the FOIA and will assist and co-operate with the Customer Council to enable the Customer Council to comply with its disclosure obligations under the FOIA. Accordingly the Service Provider agrees: a) 36.2.1 that this Contract Agreement and any other recorded information held by the Service Provider on the CustomerCouncil’s behalf for the purposes of this Contract Agreement are subject to the obligations and commitments of the Customer Council under the FOIA; b) 36.2.2 that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the CustomerCouncil; c) 36.2.3 that if the Service Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the CustomerCouncil) and will promptly (and in any event within two (2) Working 2 Business Days) transfer the request to the CustomerCouncil; d) 36.2.4 that the CustomerCouncil, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider and this Contract Agreement either without consulting with the Service Provider, or following consultation with the Service Provider and having taken its views into account; and e) 36.2.5 to assist the Customer Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority an authority within five (5) Working 5 Business Days of such request and without charge. 36.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. 36.4 Notwithstanding any other provision of this Agreement, the Service Provider hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. 36.5 In preparing a copy of this Agreement for publication pursuant to clause 36.4 the Council may consult with the Service Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Council’s absolute discretion. 36.6 The Service Provider shall assist and co-operate with the Council to enable the Council to publish this Agreement. 36.7 In order to comply with the Government’s policy on transparency in the areas of Agreements and procurement the Council will be disclosing information on its website in relation to expenditure over £500 (five hundred pounds) in relation to this Agreement. The information will include the Service Provider’s name and the Charges paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information.

Freedom of Information and Transparency. B39.1. 11.3.1 The Parties acknowledge their respective duties under the FOIA and must shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B39.2. 11.3.2 If the Service Provider is not a Public Authoritypublic authority, the Service Provider acknowledges that the Customer Council is subject to the requirements of the FOIA and will assist and co-operate with the Customer Council to enable the Customer Council to comply with its disclosure obligations under the FOIA. Accordingly the Service Provider agrees: (a) that this Contract Agreement and any other recorded information held by the Service Provider on the CustomerCouncil’s behalf for the purposes of this Contract Agreement are subject to the obligations and commitments of the Customer Council under the FOIA; (b) that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the CustomerCouncil; (c) that if the Service Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the CustomerCouncil) and will promptly (and in any event within two (2) Working Days2 working days) transfer the request to the CustomerCouncil; (d) that the CustomerCouncil, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider and this Contract Agreement either without consulting with the Service Provider, or following consultation with the Service Provider and having taken its views into account; and (e) to assist the Customer Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority an authority within five (5) Working Days 5 working days of such request and without charge. 11.3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information.

Freedom of Information and Transparency. B39.1B38.1. The Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B39.2B38.2. If the Service Provider is not a Public Authority, the Service Provider acknowledges that the Customer Council is subject to the requirements of the FOIA and will assist and co-co- operate with the Customer Council to enable the Customer Council to comply with its disclosure obligations under the FOIA. Accordingly the Service Provider agrees: a) that this Contract and any other recorded information held by the Service Provider on the CustomerCouncil ’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Customer Council under the FOIA; b) that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the CustomerCouncil ; c) that if the Service Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the CustomerCouncil) and will promptly (and in any event within two (2) Working 2 Business Days) transfer the request to the CustomerCouncil; d) that the CustomerCouncil , acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider and this Contract either without consulting with the Service Provider, or following consultation with the Service Provider and having taken its views into account; and e) to assist the Customer Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all a l l applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority Council within five (5) Working 5 Business Days of such request and without charge. B38.3. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not Confidential Information. B38.4. Notwithstanding any other provision of this Contract, the Provider hereby consents to the publication of this Contract in its entirety including from time to time agreed changes to this Contract subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. B38.5. In preparing a copy of this Contract for publication pursuant to clause B38.4 the Council may consult with the Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Council ’s absolute discretion. B38.6. The Provider must assist and co-operate with the Council to enable the Council to publish this Contract. B38.7. In order to comply with the Government’s policy on transparency in the areas of contracts and procurement the Council will be disclosing information on its website in relation to monthly expenditure over £500 (five hundred pounds) in relation to this Contract. The information will include the Provider’s name and the monthly Price paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information.

Freedom of Information and Transparency. B39.1. 1.3.1 The Parties acknowledge their respective duties under the FOIA and must shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B39.2. 1.3.2 If the Service Provider is not a Public Authoritypublic authority, the Service Provider acknowledges that the Customer Council is subject to the requirements of the FOIA and will assist and co-operate with the Customer Council to enable the Customer Council to comply with its disclosure obligations under the FOIA. Accordingly Accordingly, the Service Provider agrees: (a) that this Contract Agreement and any other recorded information held by the Service Provider on the CustomerCouncil’s behalf for the purposes of this Contract Agreement are subject to the obligations and commitments of the Customer Council under the FOIA; (b) that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the CustomerCouncil; (c) that if the Service Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the CustomerCouncil) and will promptly (and in any event within two (2) Working Days2 working days) transfer the request to the CustomerCouncil; (d) that the CustomerCouncil, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider and this Contract Agreement either without consulting with the Service Provider, or following consultation with the Service Provider and having taken its views into account; and (e) to assist the Customer Council in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority an authority within five (5) Working Days 5 working days of such request and without charge. 1.3.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. 1.3.4 Notwithstanding any other provision of this Agreement, the Service Provider hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA. 1.3.5 In preparing a copy of this Agreement for publication pursuant to clause 1.1.4 the Council may consult with the Service Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Council’s absolute discretion. 1.3.6 The Service Provider shall assist and co-operate with the Council to enable the Council to publish this Agreement. 1.3.7 In order to comply with the Government’s policy on transparency in the areas of Agreements and procurement the Council will be disclosing information on its website in relation to expenditure over £500 (five hundred pounds) in relation to this Agreement. The information will include the Service Provider’s name and the Charges paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information. 1.3.8 The Service Provider shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information, Personal Data and Sensitive Personal Data. 1.3.9 The Service Provider shall be responsible for any costs associated with compliance with the provisions of this clause 1.

Freedom of Information and Transparency. B39.1. The Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties. B39.2. If the Service Provider is not a Public Authority, the Service Provider acknowledges that the Customer is subject to the requirements of the FOIA and will assist and co-operate with the Customer to enable the Customer to comply with its disclosure obligations under the FOIA. Accordingly the Service Provider agrees: a) that this Contract and any other recorded information held by the Service Provider on the Customer’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Customer under the FOIA; b) that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the Customer; c) that if the Service Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the Customer) and will promptly (and in any event within two (2) Working Days) transfer the request to the Customer; d) that the Customer, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000Xxx 0000, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider and this Contract either without consulting with the Service Provider, or following consultation with the Service Provider and having taken its views into account; and e) to assist the Customer in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority within five (5) Working Days of such request and without charge.