Freedom of Information. 19.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations. 19.2 The Contractor shall and shall procure that its sub-contractors shall: 19.2.1 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; 19.2.2 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 19.2.3 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 Environmental Information Regulations. 19.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations. 19.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority. 19.5 The Contractor acknowledges that (notwithstanding the provisions of this clause 19) the Authority may be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services: 19.5.1 in certain circumstances without consulting the Contractor; or 19.5.2 following consultation with the Contractor and having taken their views into account; 5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure. 19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time. 19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 25 contracts
Samples: Service Agreement, Framework Agreement, Framework Agreement
Freedom of Information. 19.1 23.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 23.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 23.2.1 transfer to the Authority 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;
19.2.2 23.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 23.2.3 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 Environmental Information Regulations.
19.3 23.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 23.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 23.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19Clause 23) the Authority may may, acting in accordance with the Ministry of Justice's 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 Supplier or the Services:
19.5.1 in certain circumstances without consulting the Contractor; or
19.5.2 following consultation with the Contractor and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 23 contracts
Samples: Framework Agreement for the Supply of Locum Doctors, Framework Agreement, Framework Agreement
Freedom of Information. 19.1 19.1. The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-co- operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 19.2. The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 19.2.1. transfer to the Authority 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;
19.2.2 19.2.2. provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 19.2.3. 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 Environmental Information Regulations.
19.3 19.3. The Authority shall be responsible for determining in its absolute and sole discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 19.4. In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 19.5. The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19) the Authority may may, acting in accordance with the Ministry of Justice Code, be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services:
19.5.1 19.5.1. in certain circumstances without consulting the ContractorSupplier; or
19.5.2 19.5.2. following consultation with the Contractor Supplier and having taken their the Supplier’s views into account;
5.1 , provided always that where Clause 19.5.1 applies the Authority shall shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor’s Supplier's attention after any such disclosure.
19.6 19.6. The Contractor Supplier shall ensure that all Information is retained for disclosure in accordance with Schedule I Clause 14 (Commercially Sensitive InformationRecords and Audit Access) and shall permit the Authority to inspect such records as requested from time to time.
19.7 19.7. The Contractor Supplier acknowledges that the description of information as Commercially Sensitive Information listed in Framework Schedule I 12 (Commercially Sensitive Information) is of an indicative value nature only and that the Authority may be obliged to disclose it in accordance with clause Clause 19.5.
Appears in 16 contracts
Samples: Events Planning, Delivery and Related Services Framework Agreement, Framework Agreement, Framework Agreement
Freedom of Information. 19.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 The Contractor shall and shall procure that its sub-contractors shall:
19.2.1 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;
19.2.2 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
19.2.3 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 Environmental Information Regulations.
19.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 The Contractor acknowledges that (notwithstanding the provisions of this clause 19) the Authority may be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:
19.5.1 in certain circumstances without consulting the Contractor; or
19.5.2 following consultation with the Contractor and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 15 contracts
Samples: Supply and Installation Agreement, Purchasing Framework Agreement, Supply and Installation Agreement
Freedom of Information. 19.1
23.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 23.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 23.2.1 transfer to the Authority 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;
19.2.2 23.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessionpossession or power, or power in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 23.2.3 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 Environmental Information Regulations.
19.3 23.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 23.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 23.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19Clause 23) the Authority may may, acting in accordance with the Ministry of Justice’s 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 Supplier or the Services:Goods and Services:
19.5.1 23.5.1 in certain circumstances without consulting the ContractorSupplier; or
19.5.2 23.5.2 following consultation with the Contractor Supplier and having taken their views into account;
5.1 , provided always that where Clause 23.5 applies the Authority shall shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor’s Supplier's attention after any such disclosure.
19.6 23.6 The Contractor Supplier shall ensure that all Information is retained for disclosure in accordance with Schedule I Clause 17 (Commercially Sensitive InformationRecords and Audit Access) and shall permit the Authority to inspect such records as requested from time to time.
19.7 23.7 The Contractor Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule I 12 (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5Clause 23.5.
Appears in 15 contracts
Samples: It Hardware and Solutions Framework Agreement, It Hardware and Solutions Framework Agreement, It Hardware and Solutions Framework Agreement
Freedom of Information. 19.1 23.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 23.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 23.2.1 transfer to the Authority 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;
19.2.2 23.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 23.2.3 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 Environmental Information Regulations.
19.3 23.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 23.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 23.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19Clause 23) the Authority may may, acting in accordance with the Ministry of Justice's Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services:
19.5.1 in certain circumstances without consulting the Contractor; or
19.5.2 following consultation with the Contractor and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 15 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Freedom of Information. 19.1 19.1. The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 19.2. The Contractor shall and shall procure that its sub-contractors shall:
19.2.1 19.2.1. 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;
19.2.2 19.2.2. 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
19.2.3 19.2.3. 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 Environmental Information Regulations.
19.3 19.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 19.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 19.5. The Contractor acknowledges that (notwithstanding the provisions of this clause 19) the Authority may be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:
19.5.1 19.5.1. in certain circumstances without consulting the Contractor; or
19.5.2 19.5.2. following consultation with the Contractor and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 19.6. The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 14 contracts
Samples: Noms Co Financing Organisation (Cfo) Provision for the European Social Fund (Esf) 2014 2020 Operational Programme, Paint Consumables Contract, Contract for Personnel Services
Freedom of Information. 19.1 24.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 24.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 24.2.1 transfer to the Authority 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;
19.2.2 24.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessionpossession or power, or power in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 24.2.3 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 Environmental Information Regulations.
19.3 24.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 24.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 24.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19Clause 24) the Authority may may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Available Goods and Services:
19.5.1 24.5.1 in certain circumstances without consulting the ContractorSupplier; or
19.5.2 24.5.2 following consultation with the Contractor Supplier and having taken their its views into account;
5.1 , provided always that where Clause 24.5 applies the Authority shall shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor’s Supplier's attention after any such disclosure.
19.6 24.6 The Contractor Supplier shall ensure that all Information is retained for disclosure in accordance with Schedule I Clause 17.1 (Commercially Sensitive InformationRecords and Audit Access) and shall permit the Authority to inspect such records as requested from time to time.
19.7 24.7 The Contractor Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule I 12 (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5Clause 24.5.
Appears in 6 contracts
Samples: Goods and Services Framework Agreement, Framework Agreement, Goods and Services Framework Agreement
Freedom of Information. 19.1 12.1 The Contractor acknowledges that the Authority Department is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate cooperate with the Authority Department to enable the Authority Department to comply with its Information disclosure obligations.
19.2 12.2 The Contractor shall and shall procure that its subSub-contractors shall:
19.2.1 12.2.1 transfer to the Authority Department 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;
19.2.2 12.2.2 provide the Authority Department with a copy of all Information in its possession, or power in the form that the Authority Department requires within five Working Days (or such other period as the Authority Department may specify) of the AuthorityDepartment's request; and
19.2.3 12.2.3 provide all necessary assistance as reasonably requested by the Authority Department to enable the Authority Department 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.
19.3 12.3 The Authority Department shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 12.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the AuthorityDepartment.
19.5 12.5 The Contractor acknowledges that (notwithstanding the provisions of this clause 19Clause 12) the Authority may Department may, acting in accordance with the Department of 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:
19.5.1 12.5.1 in certain circumstances without consulting the Contractor; or
19.5.2 12.5.2 following consultation with the Contractor and having taken their views into account;
5.1 12.5.3 provided always that where 12.5.1 applies the Authority shall Department 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’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 4 contracts
Samples: Contract for Eurostat Continuing Vocational Training Survey 4 Uk Contribution (Cvts4), Contract for Childcare and Early Years Survey of Parents, Contract for Childcare and Early Years Providers Survey
Freedom of Information. 19.1 24.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 24.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 24.2.1 transfer to the Authority 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;
19.2.2 24.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessionpossession or power, or power in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 24.2.3 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 Environmental Information Regulations.
19.3 24.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 24.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 24.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19Clause 24) the Authority may may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Available Goods and Services:
19.5.1 in certain circumstances without consulting the Contractor; or
19.5.2 following consultation with the Contractor and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 4 contracts
Samples: Goods and Services Framework Agreement, Goods and Services Framework Agreement, Goods and Services Framework Agreement
Freedom of Information. 19.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 The Contractor shall and shall procure that its sub-contractors shall:
19.2.1 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;
19.2.2 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
19.2.3 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 Environmental Information Regulations.
19.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 The Contractor acknowledges that (notwithstanding the provisions of this clause 19) the Authority may be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:
19.5.1 in certain circumstances without consulting the Contractor; or
19.5.2 following consultation with the Contractor and having taken their views into account;; provided always that where clause 19.
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
Freedom of Information. 19.1
23.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 23.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 23.2.1 transfer to the Authority 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;
19.2.2 23.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessionpossession or power, or power in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 23.2.3 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 Environmental Information Regulations.
19.3 23.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 23.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 23.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19Clause 23) the Authority may may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Services:Goods and Services:
19.5.1 23.5.1 in certain circumstances without consulting the ContractorSupplier; or
19.5.2 23.5.2 following consultation with the Contractor Supplier and having taken their views into account;
5.1 , provided always that where Clause 23.5 applies the Authority shall shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor’s Supplier's attention after any such disclosure.
19.6 23.6 The Contractor Supplier shall ensure that all Information is retained for disclosure in accordance with Schedule I Clause 17 (Commercially Sensitive InformationRecords and Audit Access) and shall permit the Authority to inspect such records as requested from time to time.
19.7 23.7 The Contractor Supplier acknowledges that the Commercially Sensitive Information listed in Framework Schedule I 12 (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5Clause 23.5.
Appears in 2 contracts
Samples: It Hardware and Solutions Framework Agreement, Framework Agreement
Freedom of Information. 19.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 The Contractor shall and shall procure that its sub-contractors shall:
19.2.1 transfer 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;
19.2.2 provide 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
19.2.3 provide 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 Environmental Information Regulations.
19.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 The Contractor acknowledges that (notwithstanding the provisions of this clause 19) the Authority may be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:
19.5.1 in In certain circumstances without consulting the Contractor; or
19.5.2 following Following consultation with the Contractor and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement
Freedom of Information. 19.1 21.5.1 The Contractor acknowledges Partnering Team members acknowledge that the Authority Client is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority Client to enable the Authority Client to comply with its Information disclosure obligations.
19.2 21.5.2 The Contractor Constructor shall and shall procure that its sub-contractors Specialists shall:
19.2.1 : transfer to the Authority Client all Requests for Information that it receives as soon as practicable and in any event within two [two] Working Days of receiving a Request for Information;
19.2.2 ; provide the Authority Client with a copy of all Information in its possession, or power in the form that the Authority Client requires within five [five] Working Days (or such other period as the Authority Client may specify) of the AuthorityClient's request; and
19.2.3 and provide all necessary assistance as reasonably requested by the Authority Client to enable the Authority Client 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.
19.3 21.5.3 The Authority Client shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 21.5.4 In no event shall any Partnering Team member other than the Contractor Client respond directly to a Request for Information unless expressly authorised to do so by the AuthorityClient.
19.5 21.5.5 The Contractor Constructor acknowledges that (notwithstanding the provisions of this clause 19Clause 21) the Authority may Client may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor any Partnering Team member or the Services:
19.5.1 : in certain circumstances without consulting the ContractorPartnering Team member concerned; or
19.5.2 or following consultation with the Contractor Partnering Team member and having taken their views into account;
5.1 ; provided always that where 21.5.5 applies the Authority shall Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor relevant Partnering Team member r advanced notice, or failing that, to draw the disclosure to the ContractorConstructor’s attention after any such disclosure.
19.6 21.5.6 The Contractor Partnering Team members shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority Client to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 2 contracts
Samples: Project Partnering Agreement, Project Partnering Agreement
Freedom of Information. 19.1 25.1 The Contractor Service Provider acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority (at expense of the Service Provider) to enable the Authority to comply with its Information these information disclosure obligationsrequirements.
19.2 25.2 The Contractor Service Provider shall and shall procure that its subSub-contractors Contractor shall:
19.2.1 (a) transfer the Request for Information to the Authority all Requests for Information that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information;
19.2.2 (b) provide the Authority with a copy of all Information in its possession, 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 requestAuthority requesting that Information; and
19.2.3 (c) provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations.
19.3 25.3 The Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information Information:
(a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations; and/or
(b) is to be disclosed in response to a Request for Information.
19.4 25.4 In no event shall the Contractor Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 25.5 The Contractor Service Provider acknowledges that (notwithstanding the provisions of this clause 19) the Authority may may, acting in accordance with the Secretary of State for Constitutional Affairs' Code of Practice on the discharge of public authorities' functions under Part 1 of FOIA (issued under section 45 of the FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the ServicesInformation:
19.5.1 in certain circumstances (a) without consulting with the ContractorService Provider; or
19.5.2 (b) following consultation with the Contractor Service Provider and having taken their its views into account;
5.1 , provided always that where clause 25.5(b) applies the Authority shall shall, in accordance with any recommendations of the code of practice issued under section 45 of the FOIA, take reasonable steps, where appropriate, to give the Contractor Service Provider advanced notice, or failing that, to draw the disclosure to the Contractor’s attention of the Service Provider after any such disclosure.
19.6 25.6 The Contractor Service Provider shall ensure that all Information produced in the course of the agreement or relating to the agreement is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 25.7 The Contractor Service Provider acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is any lists or Schedules provided by it outlining confidential information are of indicative value only and that the Authority may nevertheless be obliged to disclose it confidential information in accordance with clause 19.525.5.
Appears in 2 contracts
Samples: CCTV Supply and Service Agreement, CCTV Service Agreement
Freedom of Information. 19.1 20.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 20.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 20.2.1 transfer to the Authority 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;
19.2.2 20.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessioncontrol, possession or power power, in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 20.2.3 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 Environmental Information Regulations.
19.3 20.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 20.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 20.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19) the Authority may may, acting in accordance with the Ministry of Justice Code, be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Authority Services or the Customer Services:
19.5.1 20.5.1 in certain circumstances without consulting the ContractorSupplier; or
19.5.2 20.5.2 following consultation with the Contractor Supplier and having taken their the Supplier’s views into account;
5.1 , provided always that where Clause 20.5.1 applies the Authority shall shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor’s Supplier's attention after any such disclosure.
19.6 20.6 The Contractor Supplier shall ensure that all Information is retained for disclosure in accordance with Schedule I Clause 15 (Commercially Sensitive InformationRecords and Audit Access) and shall permit the Authority to inspect such records as requested from time to time.
19.7 20.7 The Contractor Supplier acknowledges that the description of information as Commercially Sensitive Information listed in Framework Schedule I 14 (Commercially Sensitive Information) is of an indicative value nature only and that the Authority may be obliged to disclose it in accordance with clause 19.5Clause 20.5.
Appears in 1 contract
Samples: Framework Agreement
Freedom of Information. 19.1 The Contractor CONTRACTOR acknowledges that the Authority CUSTOMER is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate cooperate with the Authority CUSTOMER to enable the Authority CUSTOMER to comply with its Information disclosure obligations.
19.2 . The Contractor CONTRACTOR shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 : transfer to the Authority CUSTOMER 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;
19.2.2 ; provide the Authority CUSTOMER with a copy of all Information in its possession, possession or power in the form that the Authority CUSTOMER requires within five (5) Working Days (or such other period as the Authority CUSTOMER may specify) of the Authority's CUSTOMER’s request; and
19.2.3 and provide all necessary assistance as reasonably requested by the Authority CUSTOMER to enable the Authority CUSTOMER 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.
19.3 . The Authority CUSTOMER shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the this Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 . In no event shall the Contractor CONTRACTOR respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 CUSTOMER. The Contractor CONTRACTOR acknowledges that (notwithstanding the provisions of this clause 19Clause 3.70.3) the Authority may CUSTOMER may, acting in accordance with the Department of Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor CONTRACTOR or the Services:
19.5.1 Ordered IT Products: in certain circumstances without consulting the ContractorCONTRACTOR; or
19.5.2 or following consultation with the Contractor CONTRACTOR and having taken their views into account;
5.1 , provided always that where Clause 3.75.1 applies the Authority shall CUSTOMER shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor CONTRACTOR advanced notice, or failing that, to draw the disclosure to the ContractorCONTRACTOR’s attention after any such disclosure.
19.6 . The Contractor CONTRACTOR shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority CUSTOMER to inspect such records as requested from time to time.
19.7 . The Contractor CONTRACTOR acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) 2-10 is of indicative value only and that the Authority CUSTOMER may be obliged to disclose it in accordance with clause 19.5Clause 3.75.
Appears in 1 contract
Samples: Commoditised It Hardware and Software Framework Agreement
Freedom of Information. 19.1 12.1 The Contractor Retailer acknowledges that the Participating Authority is (where applicable) are subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate cooperate with the Participating Authority to enable the Participating Authority to comply with its their Information disclosure obligations.
19.2 12.2 The Contractor Retailer shall and shall procure that its sub-contractors shall:
19.2.1 transfer 12.2.1 Transfer to the Participating 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;
19.2.2 provide 12.2.2 Provide the Participating Authority with a copy of all Information in its possession, or power in the form that the Participating Authority requires within five Working Days (or such other period as the Participating Authority may specify) of the Authority's Participating Authority request; and
19.2.3 provide 12.2.3 Provide all necessary assistance assistance, as reasonably requested by the Authority Participating Authority, to enable the Participating 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 Environmental Information Regulations.
19.3 12.3 The Participating Authority shall be responsible for determining in its their absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 12.4 In no event shall the Contractor Retailer respond directly to a Request for Information unless expressly authorised to do so by the Participating Authority.
19.5 12.5 The Contractor Retailer acknowledges that (notwithstanding the provisions of this clause 19other provisions) the Participating Authority may 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 supplier or the Goods, Works and/or Services:
19.5.1 in 12.5.1 In certain circumstances without consulting the ContractorRetailer; or
19.5.2 following 12.5.2 Following consultation with the Contractor Retailer and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 1 contract
Samples: Call Off Terms and Conditions
Freedom of Information. 19.1 The Contractor acknowledges that the Authority is subject to the requirements of the Department of Constitutional Affairs, and the Code of Practice on for Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate cooperate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 . The Contractor shall and shall procure that its subSub-contractors shall:
19.2.1 : transfer to the Authority all Requests for Information that it receives as soon as practicable and in any event within two [two] Working Days of receiving a Request for Information;
19.2.2 ; provide the Authority with a copy of all Information in its possession, or power in the form that the Authority requires within five [five] Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 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 Environmental Information Regulations.
19.3 . The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract this 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 . In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 . The Contractor acknowledges that (notwithstanding the provisions of this clause 19) 8) the Authority may may, acting in accordance with the Department of 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:
19.5.1 : in certain circumstances without consulting the Contractor; or
19.5.2 or following consultation with the Contractor and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 1 contract
Freedom of Information. 19.1 39.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate cooperate with the Authority (at the Contractor’s expense) to enable the Authority to comply with its Information disclosure obligationsthese requirements.
19.2 39.2 The Contractor shall and shall procure that its sub-contractors shall:
19.2.1 39.2.1 transfer to the Authority all Requests for Information that it receives as soon as practicable and in any event within two Working Days working days of receiving a Request for Information;
19.2.2 39.2.2 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 (working days, or such other period as the Authority may specify) , of the Authority's request; and
19.2.3 39.2.3 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 Environmental Information Regulations.
19.3 39.3 The Authority shall be responsible for determining in its absolute discretion discretion, and notwithstanding any other provision in the this Contract or any other agreement agreement, whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 39.4 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 39.5 The Contractor acknowledges that (notwithstanding the provisions of this clause 19Condition 39) the Authority may may, acting in accordance with the Department of 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:
19.5.1 39.5.1 in certain circumstances without consulting the Contractor; or
19.5.2 39.5.2 following consultation with the Contractor and having taken their views into account;
5.1 ; provided always that where 39.5.1 applies the Authority shall 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’s attention after any such disclosure.
19.6 39.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I Condition 20 (Commercially Sensitive InformationRight of Audit) and shall permit the Authority to inspect such records as requested from time to time.
19.7 39.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) Section 5 of the Contract is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.Condition 39.5
Appears in 1 contract
Freedom of Information. 19.1 23.1 The Contractor Supplier acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 23.2 The Contractor Supplier shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 23.2.1 transfer to the Authority 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;
19.2.2 23.2.2 provide the Authority with a copy of all Information Information, relevant to a Request for Information, in its possessionpossession or power, or power in the form that the Authority requires requests within five (5) Working Days (or such other period as the Authority may specify) of the Authority's request; and
19.2.3 23.2.3 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 Environmental Information Regulations.
19.3 23.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 23.4 In no event shall the Contractor Supplier respond directly to a Request for Information unless expressly authorised to do so by the AuthorityAuthority in writing.
19.5 23.5 The Contractor Supplier acknowledges that (notwithstanding the provisions of this clause 19Clause 23) the Authority may may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor Supplier or the Goods and Services:
19.5.1 23.5.1 in certain circumstances without consulting the ContractorSupplier; or
19.5.2 23.5.2 following consultation with the Contractor Supplier and having taken their views into account;
5.1 , provided always that where Clause 23.5 applies the Authority shall shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor Supplier advanced notice, or failing that, to draw the disclosure to the Contractor’s Supplier's attention after any such disclosure.
19.6 23.6 The Contractor Supplier shall ensure that all Information is retained for disclosure in accordance with Schedule I Clause 17 (Commercially Sensitive InformationRecords and Audit Access) and shall permit the Authority to inspect such records as requested from time to time.
19.7 23.7 The Contractor Supplier acknowledges that the description of information as Commercially Sensitive Information listed in Framework Schedule I 12 (Commercially Sensitive Information) is of an indicative value nature only and that the Authority may be obliged to disclose it in accordance with clause 19.5Clause 23.5.
Appears in 1 contract
Samples: Framework Agreement
Freedom of Information. 19.1 28.1 The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate cooperate with the Authority (at the Contractor’s expense) to enable the Authority to comply with its these Information disclosure obligationsrequirements.
19.2 28.2 The Contractor shall and shall procure that its sub-contractors shall:
19.2.1 (a) transfer the Request for Information to the Authority all Requests for Information that it receives as soon as practicable after receipt and in any event within two 2 Working Days of receiving a Request for Information;
19.2.2 (b) provide the Authority with a copy of all Information in its possession, possession or power in the form that the Authority requires within five 5 Working Days (or such other period as the Authority may specify) of the Authority's requestAuthority requesting that Information; and
19.2.3 (c) provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations.
19.3 28.3 The Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information Information:
(a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations.;
19.4 In (b) is to be disclosed in response to a Request for Information, and in no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 28.4 The Contractor acknowledges that (notwithstanding the provisions of this clause 19) the Authority may may, acting in accordance with the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of public authorities’ functions under Part 1 of FOIA (issued under section 45 of the FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:
19.5.1 in certain circumstances Information: without consulting with the Contractor; , or
19.5.2 following consultation with the Contractor and having taken their views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 1 contract
Samples: Domiciliary Care Services Agreement
Freedom of Information. 19.1 The Contractor Service Provider acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-co- operate with the Authority (at the Service Provider's expense) to enable the Authority to comply with its Information these information disclosure obligationsrequirements.
19.2 The Contractor Service Provider shall and shall procure that its subSub-contractors Contractors shall:
19.2.1 (a) transfer the Request for Information to the Authority all Requests for Information that it receives as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information;
19.2.2 (b) provide the Authority with a copy of all Information in its possession, 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 requestAuthority requesting that Information; and
19.2.3 (c) provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations.
19.3 The Authority shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information Information:
(a) is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations; and/or
(b) is to be disclosed in response to a Request for Information.
19.4 In no event shall the Contractor Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 The Contractor Service Provider acknowledges that (notwithstanding the provisions of this clause 19) the Authority may may, acting in accordance with the Secretary of State for Constitutional Affairs' Code of Practice on the discharge of public authorities' functions under Part 1 of FOIA (issued under section 45 of the FOIA, November 2004), be obliged under the FOIA, FOIA or the Environmental Information Regulations to disclose information concerning the Contractor or the ServicesInformation:
19.5.1 in certain circumstances (a) without consulting with the ContractorService Provider; or
19.5.2 (b) following consultation with the Contractor Service Provider and having taken their its views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.,
19.6 The Contractor Service Provider shall ensure that all Information produced in the course of the agreement or relating to the agreement is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor Service Provider acknowledges that the Commercially Sensitive any lists or Schedules provided by it outlining Confidential Information listed in Schedule I (Commercially Sensitive Information) is are of indicative value only and that the Authority may nevertheless be obliged to disclose it Confidential Information in accordance with clause 19.5.
Appears in 1 contract
Samples: Service Agreement
Freedom of Information. 19.1 24.1 The Contractor acknowledges that the Authority Council is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority Council (at the Contractor’s expense) to enable the Authority Council to comply with its these Information disclosure obligationsrequirements.
19.2 24.2 The Contractor shall and shall procure that its sub-contractors shall:
19.2.1 transfer : Transfer the Request for Information, as defined in the FOIA or the Environmental Information Regulations, to the Authority all Requests for Information that it receives Council as soon as practicable after receipt and in any event event, within two [two] Working Days of receiving a Request for Information;
19.2.2 provide : Provide the Authority Council with a copy of all Information in its possession, possession or power in the form that the Authority Council requires within five [five] Working Days (or such other period as the Authority Council may specify) of the Authority's requestCouncil requesting that Information; and
19.2.3 provide and Provide all necessary assistance as reasonably requested by the Authority Council to enable the Authority Council to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA [or regulation 5 of the Environmental Information Regulations].
19.3 24.3 The Authority Council shall be responsible for determining in at its absolute discretion and notwithstanding any other provision in the Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is information:- Is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 In ; Is to be disclosed in response to a Request for Information, and in no event shall the Contractor respond directly to a Request for Information Information, unless expressly authorised to do so by the Authority.Council;
19.5 24.4 The Contractor acknowledges that (notwithstanding the provisions of this clause 19) the Authority Council may be obliged under the FOIA, or the Environmental Information Regulations Regulations, or any regulations or guidelines made thereunder, to disclose information concerning the Contractor or the Services:
19.5.1 in certain circumstances without Information:- Without consulting with the Contractor; or
19.5.2 following , or Following consultation with the Contractor and having taken their its views into account;
5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 24.5 The Contractor shall ensure that all Information information produced in the course of the Contract or relating to the Contract is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority Council to inspect such records as requested from time to time.
19.7 24.6 The Contractor acknowledges that the any lists or schedules provided by it outlining Confidential Information or Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is are of indicative value only and that the Authority Council may nevertheless be obliged to disclose it Confidential Information or Commercially Sensitive Information in accordance with clause 19.5Clause 24.4.
Appears in 1 contract
Samples: Terms and Conditions
Freedom of Information. 19.1 19.1. The Contractor acknowledges that the Authority is subject to the requirements of the Code of Practice on Government Information, FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority to enable the Authority to comply with its Information disclosure obligations.
19.2 19.2. The Contractor shall and shall procure that its sub-contractors shall:
19.2.1 19.2.1. 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;
19.2.2 19.2.2. 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
19.2.3 19.2.3. 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 Environmental Information Regulations.
19.3 19.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract 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 Code of Practice on Government Information, FOIA or the Environmental Information Regulations.
19.4 19.4. In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.
19.5 19.5. The Contractor acknowledges that (notwithstanding the provisions of this clause 19) the Authority may be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:
19.5.1 19.5.1. in certain circumstances without consulting the Contractor; or
19.5.2 19.5.2. following consultation with the Contractor and having taken their views into account;
5.1 19.5.3. provided always that where clause 19.5.1 applies the Authority shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure.
19.6 19.6. The Contractor shall ensure that all Information is retained for disclosure in accordance with Schedule I (Commercially Sensitive Information) and shall permit the Authority to inspect such records as requested from time to time.
19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule I (Commercially Sensitive Information) is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause 19.5.
Appears in 1 contract
Samples: Supply Agreement