Freedom of Information and Transparency. 20.1 The Recipient acknowledges that the Commissioner is subject to the provisions of the FOIA and agrees to assist and co-operate with the Commissioner (at the Recipient’s expense) where necessary to enable the Commissioner to comply with any requests received under the FOIA relating to this Agreement. This includes, but is not limited to, transferring to the Commissioner any request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt and in any event within three working days of receipt.
20.2 In no event shall the Recipient respond to a request under the FOIA relating to this Agreement without obtaining the prior written consent of the Commissioner.
20.3 The Recipient acknowledges that the Commissioner may be obliged to disclose information under the FOIA:
20.3.1 Without consulting the Recipient; or
20.3.2 Following consultation with the Recipient and having taken into account its views. Provided that where clause 20.3.1 applies the Commissioner shall, in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of a public authorities’ functions under Part 1 of FOIA, take reasonable steps, to give the Recipient advanced notice or to draw the disclosure to the Recipient’s attention after any such disclosure.
20.4 The Recipient shall ensure it retains for disclosure all information (as defined in the FOIA) produced in the course of this Agreement or relating to this Agreement and shall allow the Commissioner to inspect such records from time to time upon request.
20.5 The Recipient acknowledges that the Commissioner is subject to certain transparency and disclosure obligations set out in the Elected Local Policing Bodies Specified Information Order 2011 (as amended) (“Transparency Obligations”)
20.6 The Recipient consents to the Commissioner publishing the contents of this Agreement and information regarding any tender process related to the Purpose of the Agreement to enable the Commissioner to comply with their Transparency Obligations.
20.7 The Recipient acknowledges that:
20.7.1 The Commissioner shall be responsible for determining, at their absolute discretion, whether any information is exempt from disclosure or should be disclosed pursuant to the FOIA and/or the Transparency Obligations and to what extent any information disclosed shall be redacted; and
20.7.2 Any lists or schedules provided by the Recipient outlining confident...
Freedom of Information and Transparency. The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties. The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees: that this Contract and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the FOIA, Codes of Practice and Environmental Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two (2) Business Days) provide a copy of the request and any response to the Authority; that where the Supplier receives a request for information under the FOIA, Codes of Practice and Environmental Regulations and the Supplier is not itself subject to the FOIA, Codes of Practice and Environmental Regulations, it will not respond to that request (unless directed to do so by the Authority) and will promptly (and in any event within two (2) Business Days) transfer the request to the Authority; that the Authority, acting in accordance with the Codes of Practice issued and revised from time to time under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and to assist the Authority in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA and the Environmental Regulations) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by...
Freedom of Information and Transparency. The Parties acknowledge their respective duties under the FOIA and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties. If the Company is not a public authority, the Company acknowledges that EFDC is subject to the requirements of the FOIA and will assist and co-operate EFDC to enable it to comply with its disclosure obligations under the FOIA. Accordingly the Company agrees: that this Agreement and any other recorded information held by the Company on EFDC’s behalf for the purposes of this Agreement are subject to the obligations and commitments of EFDC under the FOIA; that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for EFDC; that if the Company receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by EFDC) and will promptly (and in any event within 2 working days) transfer the request to EFDC; that EFDC, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the FOIA, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Company and this Agreement without consulting with the Company, or following consultation with the Company and having taken its views into account; and to assist EFDC in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by an authority within 5 working days of such request and without charge. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement is not Confidential Information. In preparing a copy of this Agreement for publication pursuant to clause 16.4 EFDC may consult with the Company to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at EFDC’s absolute discretion. The Company shall assist and co-operate with EFDC to enable EFDC to publish this Agreement. The Company shall comply with an...
Freedom of Information and Transparency. B39.1. The Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties.
B39.2. If the Service Provider is not a Public Authority, the Service Provider acknowledges that the Customer is subject to the requirements of the FOIA and will assist and co-operate with the Customer to enable the Customer to comply with its disclosure obligations under the FOIA. Accordingly the Service Provider agrees:
a) that this Contract and any other recorded information held by the Service Provider on the Customer’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Customer under the FOIA;
b) that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA is a decision solely for the Customer;
c) that if the Service Provider receives a request for information under the FOIA, it will not respond to such request (unless directed to do so by the Customer) and will promptly (and in any event within two (2) Working Days) transfer the request to the Customer;
d) that the Customer, acting in accordance with the codes of practice issued and revised from time to time under both section 45 of the Freedom of Information Act 2000, and regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Service Provider and this Contract either without consulting with the Service Provider, or following consultation with the Service Provider and having taken its views into account; and
e) to assist the Customer in responding to a request for information, by processing information or environmental information (as the same are defined in the FOIA) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of the FOIA, and providing copies of all information requested by a Authority within five (5) Working Days of such request and without charge.
Freedom of Information and Transparency. The Parties acknowledge their respective duties under the FOIA and must give all reasonable assistance to each other where appropriate or necessary to comply with such duties.
Freedom of Information and Transparency. 16.1 Where applicable, the Sponsor and the Authority are required to comply with the Freedom of Information Xxx 0000 (the “FOI Act”) and the Environmental Information Regulations 2004 (the “EIR”), any subordinate legislation and any guidance issued by the Information Commissioner’s Office.
16.2 The Sponsor agrees to assist and cooperate with the Authority in a timely manner to enable the Authority to comply with its obligations under the FOI Act and EIR whenever a request is made for information which relates to, or arises out of, this Contract.
16.3 The Authority reserves the right to publish information relating to the Contract in accordance with the Government’s transparency agenda and/or any other information as it may deem appropriate from time to time in response to enquiries from Parliament, its members and officers and any person conducting an enquiry on behalf of or appointed by the Authority, whether or not the enquiry is statutory.
16.4 No information shall be disclosed if such disclosure would be in breach of the EU General Data Protection Regulation and Data Protection Xxx 0000, or is exempted from disclosure under the FOI Act.
Freedom of Information and Transparency. 27.1 For the purposes of this Clause 27:
Freedom of Information and Transparency. 3.1 The Parties acknowledge the duties of Contracting Authorities under the FOIA, Codes of Practice and Environmental Regulations and shall give each other all reasonable assistance as appropriate or necessary to enable compliance with those duties.
3.2 The Supplier shall assist and cooperate with the Authority to enable it to comply with its disclosure obligations under the FOIA, Codes of Practice and Environmental Regulations. The Supplier agrees:
3.2.1 that this Framework Agreement and any recorded information held by the Supplier on the Authority’s behalf for the purposes of this Framework Agreement are subject to the obligations and commitments of the Authority under the FOIA, Codes of Practice and Environmental Regulations;
3.2.2 that the decision on whether any exemption to the general obligations of public access to information applies to any request for information received under the FOIA, Codes of Practice and Environmental Regulations is a decision solely for the Authority;
3.2.3 that where the Supplier receives a request for information under the FOIA and Environmental Regulations and the Supplier itself is subject to the FOIA and Environmental Regulations it will liaise with the Authority as to the contents of any response before a response to a request is issued and will promptly (and in any event within two
Freedom of Information and Transparency. 8.1 The Parties acknowledge that they are subject to the requirements of the Freedom of Information Xxx 0000 (FOIA) and the Environmental Information Regulations 2004 (EIRs).
8.2 The Parties shall: 061163 / 03295024 / Version : Page 9
(a) Provide all necessary assistance and cooperation as reasonably requested by the other Party to enable the other Party to comply with its obligations under FOIA and EIRs;
(b) Notify the other Party of all requests for information relating to this Agreement that it receives as soon as practicable and, in any event, within 2 Business Days of receipt; and
(c) Provide the other Party with a copy of all information belonging to it requested in the request for information which is in its possession or control in the form that the other Party requires within 5 Business Days of that Party’s request.
8.3 LTC shall not respond directly to a request for information unless authorised in writing to do so by the Council.
8.4 The Parties acknowledge that a Party may be required under the FOIA and EIRs to disclose information without consulting or obtaining consent from the other Party. The Parties shall take reasonable steps to notify the other Party of such a request for information to the extent that it is permissible and reasonably practicable for it to do so.
8.5 The Council shall be responsible for determining at its absolute discretion whether any information Is exempt from disclosure in accordance with the FOIA and/or the EIRs.
Freedom of Information and Transparency. 9.3.1 The Parties acknowledge their respective duties under the FOIA and the EIR and shall give all reasonable assistance to each other where appropriate or necessary to comply with such duties.
9.3.2 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.
9.3.3 Notwithstanding any other provision of this Agreement, the Recipient hereby consents to the publication of this Agreement in its entirety including from time to time agreed changes to this Agreement subject to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA.
9.3.4 In preparing a copy of this Agreement for publication pursuant to clause 9.3.4 the Council may consult with the Recipient to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Council’s absolute discretion.
9.3.5 The Recipient shall comply with any requirements (including compliance with any appropriate information assurance scheme and the Computer Misuse Act 1990) in relation to its security policies, procedures and control of Confidential Information.
9.3.6 Each Party shall be responsible for any costs associated with its own compliance with the provisions of this clause 9.3.
