Freedom of Information Xxx 0000. 12.1.1. Where a party to this agreement is subject to the requirements of the Freedom of Information Xxx 0000 (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 the information which it received from another party, 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 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 Freedom of Information Xxx 0000 in respect of information provided by or relating to the information provided by ACRO, the EA representatives 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 EA, but will be made with reference to any proposals made by the NPCC.
Freedom of Information Xxx 0000. 32.1 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. The Authority shall be responsible for determining in its absolute discretion whether any of the content of the Agreement is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Agreement, the Contractor hereby gives his consent for the Authority to publish the Agreement in its entirety (but with any information which is exempt from disclosure in accordance with the provisions of the FOIA redacted), including from time to time agreed changes to the Agreement, to the general public.
32.2 The Contractor's attention is drawn to the FOIA and the Environmental Information Regulations (“EIRs”). The Department of Health (“DH”) has a publication scheme which sets out the type of information publicly available on its website or published as documents. In addition, the Authority has an obligation to respond to specific requests and may be required to disclose information about or provided by the Contractor. In some cases the Authority may consult the Contractor before deciding whether to disclose information requested under FOIA, but it is not obliged to do so. If a Contractor considers that any information it provides to the Authority would be subject to an exemption under FOIA or the EIRs it should clearly identify such information and explain why it considers the information exempt. The Authority will consider such explanation. For the avoidance of doubt, notwithstanding the previous sentence, whether or not information will be disclosed shall be at the Authority’s sole discretion.
32.3 Where the Authority considers that the Contractor or its collaborator, employee, agent or sub-contractor, is holding information that it requires in order to comply with its obligations under FOIA or the EIRs, the Contractor undertakes to (and shall procure that its collaborators, employees, agents and sub-contractors shall) provide access to such information as soon as reasonably practicable, at its own expense and at no charge to the Authority, on the request of the Authority and in any case within five (5) working days.
Freedom of Information Xxx 0000. (FOIA)
19.1 Each Party acknowledges and agrees that:
19.1.1 the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA Laws and may receive a Request for Information;
19.1.2 each Party that receives a Request for Information (the “Request Recipient”) shall be responsible for determining at its absolute discretion whether any requested information (including Confidential Information of the other Party) is subject to any exemption and/or exception from disclosure and/or publication in accordance with the relevant provisions of the FOIA Laws or is to be disclosed in response to a Request for Information, and nothing in this Agreement shall remove or in any way limit that discretion of the Request Recipient;
19.1.3 it shall reasonably assist and cooperate with the Request Recipient to enable the Request Recipient to comply with its obligation under the FOIA Laws in relation to the Request for Information, including compliance with any time limits imposed under the FOIA Laws; and
19.1.4 in some circumstances it may not be possible or reasonable for the Request Recipient to provide notice of any Request for Information or consider the comments of the other Parties in relation to it, prior to responding to such a request.
19.2 Subject to Clause 19.1, where the Request Recipient receives a Request for Information:
19.2.1 the Request Recipient will notify the Party whose Confidential Information is the subject of the Request for Information (the “Affected Party”) as soon as reasonably possible (and in any event within five (5) working days of receipt), confirming what Confidential Information is being requested; and
19.2.2 the Request Recipient agrees to discuss in good faith with the Affected Party as to whether a relevant exemption/exception to the requirement to disclose the relevant Confidential Information under the FOIA Laws might be applicable, provided that the Affected Party makes itself available for such discussions within a reasonable time (and in any event five (5) working days of being notified of the Request for Information) so that the Request Recipient has a reasonable opportunity to consider the Affected Party’s comments prior to the deadline for the Request Recipient to respond to the Request for Information.
19.3 Where a Party receives a Request for Information in relation to information or records held by the other Party on behalf of the Request Recipient, the other Party will within five (5) working days of the reque...
Freedom of Information Xxx 0000. 11.1 The Parties recognise that the Authority is subject to legal duties which may require the release of information under the Freedom of Information Xxx 0000 (“the 2000 Act”) or any other applicable legislation governing access to information, and that they may be under obligation to provide information to third Parties on request. Such information may include matters relating to, or arising out of, this Agreement.
11.2 The Trust will assist the Authority to enable it to comply with its obligations. In the event that the Authority receives a request for information under the 2000 Act or any other applicable legislation governing access to information, and requests the Trust’s assistance in obtaining the information that is the subject of such request or otherwise, the Trust will respond to any such request for assistance at its own cost and promptly, and in any event within seven days.
Freedom of Information Xxx 0000. 26.1. Each Party acknowledges that the NC3Rs and the Contractor are respectively subject to the requirements of the FOIA and shall assist and cooperate with the NC3Rs and the Contractor to enable the NC3Rs and the Contractor to comply with these Information disclosure requirements.
26.2. The NC3Rs or the Contractor (acting on behalf of its Sub-contractors) shall:
26.2.1. transfer any request for Information to the other Party as soon as practicable after receipt and in any event within five (5) working days of receiving a request for Information;
26.2.2. provide all necessary assistance as reasonably requested by the NC3Rs or Contractor 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.
26.3. Each Party shall be responsible for determining at its absolute discretion whether any commercially sensitive Information and/or any other Information:
26.3.1. is exempt from disclosure in accordance with the provisions of the FOIA;
26.3.2. is to be disclosed in response to a request for Information, and in no event shall the other Party respond directly to a request for Information unless expressly authorized to do so by the NC3Rs or Contractor as the case may be.
26.4. Notwithstanding the provisions of Clause 8 of this Agreement, each Party acknowledges that the other Party may be obliged under the FOIA, to disclose confidential Information:
26.4.1. in the event that a Party does not respond within five (5) working days of receipt of the written notification (detailing the intended disclosure) to the Party by the NC3Rs or the Contractor as the case may be
26.4.2. following consultation with the Party and having taken its views into account.
Freedom of Information Xxx 0000. 16.1 The Chief Constable is a corporation sole and PCC is a public authority to which the Freedom of Information Xxx 0000, The Environmental Information Regulations 2004 and the Code of Practice on Access to Government Information (2nd edition) applies. The Chief Constable and PCC are obliged to consider written requests for information from members of the public and must disclose the requested information unless an exemption is available under the Act or Regulations. In response to a request for information (including information provided by LLTC in the course of this tendering exercise), the Chief Constable and/or PCC may be required to confirm or deny they hold information and communicate the information to the applicant.
16.2 Chief Constable and/or PCC must respond to requests for information by the 20th working day after the request is received and, whilst Chief Constable/PCC may consult with you (but will not necessarily do so) about specific requests, any such consultation will have to be completed within a very short timescale. Accordingly, LLTC must consider whether any of the information supplied (or relating to LLTC) in this tendering exercise falls within one or more of the exemptions contained in Part II of the Freedom of Information Xxx 0000. If you do consider any such exemption to exist, then LLTC must set out for Chief Constable/PCC in detail, at the earliest opportunity (preferably when providing the information) the particular information to which any exemption applies and the specific grounds for contending that the exemption exists.
16.3 LLTC must provide Chief Constable / PCC with all reasonable assistance and co- operation to enable it to comply with any requests for information received under the Freedom of Information Xxx 0000 within the prescribed time limits.
16.4 LLTC must take any necessary legal advice in relation to the operation of the Freedom of Information Xxx 0000 at the earliest opportunity.
16.5 No liability shall arise on the part of Chief Constable/ PCC in respect of the disclosure of any information by it in proper compliance with the Freedom of Information Xxx 0000.
16.6 The Chief Constable and PCC do not intend to divulge any personal data for non-law enforcement purposes, outside of European Justice / Home Affairs measures and undertake compliance with the EU General Data Protection Regulation 2016/679 (GDPR) & EU Data Protection Directive 2016/680 (‘Law Enforcement Directive’).
Freedom of Information Xxx 0000. 15.1 The Contractor acknowledges that the Council is subject to the provisions of the Freedom of Information Xxx 0000 ('FOIA') and the Environmental Information Regulations 2004 (EIR).
15.2 The Contractor shall upon request by the Council (and within such period as the Council may specify) provide the Council with all assistance and Information under its control to enable the Council to respond to a request for Information within the time for compliance prescribed by FOIA or EIR
15.3 The Contractor acknowledges that the provisions of the FOIA or EIR may override any obligation of confidentiality as between the Council and the Contractor and that the Council may be obliged to disclose Information without consulting the Contractor or having consulted the Contractor but in opposition to the views of the Contractor.
Freedom of Information Xxx 0000. 38.1 The Service Purchaser is a public body for the purposes of the Freedom of Information Xxx 0000. In the event that a request for information is made under the Freedom of Information Xxx 0000 to the Service Purchaser which requires disclosure of information relating to the Contract and/or related correspondence, the Service Purchaser will inform the Service Provider before the disclosure is made and the Service Provider will co-operate with the Service Purchaser to ensure compliance with the request.
Freedom of Information Xxx 0000. 24.1. Each Partner acknowledges that the other Partner are subject to the requirements of the Freedom of Information Xxx 0000 (the "FOIA") or the Environmental Information Regulations (the "EIR") and each Partner shall assist and cooperate with the others (each at their own expense) to enable the other Partners to comply with these information disclosure obligations.
24.2. Where a Partner receives a "request for information" under either the FOIA or EIR (as defined under those Acts) in relation to information which it is holding on behalf of the other Partners or any of them, it shall (and shall procure that its sub-contractors shall):
i. transfer the request for information to any relevant Partner as soon as practicable after receipt and in any event within two (2) Working Days of receiving a request for information;
ii. provide the relevant Partner with a copy of all information in its possession or power in the form that the other Partner requires within five (5) Working Days (or such other period as may be agreed) of the other Partner requesting that information; and
iii. provide all necessary assistance as reasonably requested to enable the relevant Partner to respond t6 a request for information within the time for compliance set out in the EIR or section 10 of the FOIA, as relevant.
24.3. Where a Partner receives a request for information which relates to the Agreement , it shall inform the other Partners of the request for information as soon as practicable after receipt and in any event within two (2) Working Days of receiving a request for information.
24.4. If any Partner determines that information must be disclosed pursuant to Clause 24.3, it shall notify the other Partners of that decision at least two (2) Working Days before disclosure.
24.5. Each Partner shall be responsible for determining at its absolute discretion whether the relevant information is exempt from disclosure or is to be disclosed in response to a request for information.
24.6. Each Partner acknowledges that the other Partners may be obliged under the FOIA to disclose Information:
i. without consulting with the other Partners, or
ii. following consultation with the other Partners and having taken its views into account.
Freedom of Information Xxx 0000. 15.1 The Provider acknowledges that the Council is (and the Provider may be) subject to the provisions of the FOI Act
15.2 In this Clause 15 ‘Information’ has the meaning given to it in Section 84 of FOI Act.
15.3 If the Provider receives any request for Information pursuant to FOI Act (regardless of whether such request complies or does not comply with the strict requirements of FOI Act) it shall:
15.3.1 make no response to such request other than a bare acknowledgement of receipt stating that the request has been passed to the Council.
15.3.2 pass such request (and a copy of the letter referred to in Sub-clause 15.3.1) to the Council within 24 hours of receipt of the request by the Provider.
15.3.3 take no further action in regard to such request save at the direction of the Council.
15.4 The Provider shall upon request by the Council (and within such period as the Council may specify) provide the Council with all assistance and Information under its control to enable the Council to respond to a request for Information within the time for compliance prescribed by FOI Act.
15.5 The Council shall be responsible (in its sole discretion) for deciding:
15.5.1 what Information is to be disclosed pursuant to a request for Information (regardless of whether such Information originates from the Council or the Provider).
15.5.2 what Information (if any) is exempt from disclosure pursuant to FOI Act.
15.5.3 whether or not to include any category of Information in its Publication Scheme.
15.6 The Provider acknowledges that the provisions of this Clause 15 and of the FOI Act may override any obligation of confidentiality as between the Council and the Provider and that the Council may be obliged to disclose Information without consulting the Provider or having consulted the Provider but in opposition to the views of the Provider.
15.7 Each party shall bear its own costs of compliance with this Clause 15.
15.8 The Provider shall indemnify the Council against all Losses incurred in connection therewith by the Council as a result of any breach of this Clause 15 by the Provider, its employees, sub-Providers or agents.
