General Conditions of Contract

39. Freedom of Information

39.1   

For the purposes of this Clause 39:           

39.1.1            

“FOI Legislation” means the Freedom of Information Act 2000, all regulations made under it and the Environmental Information Regulations 2004 and any amendment or re-enactment of any of them;  and any guidance issued by the Information Commissioner, the Ministry of Justice or the department for Environment Food and Rural Affairs (including in each case its successors or assigns) in relation to such legislation;

39.1.2   

“Information” has the meaning given under Section 84 of the Freedom of Information Act 2000.

39.1.3   

“Information Request” means a request for any Information under the FOI Legislation.

39.2 

The Contractor acknowledges that the Council:

39.2.1            

is subject to the FOI Legislation and agrees to assist and co-operate with the Council (at the Contractor’s expense) to enable the Council to comply with its obligations under the FOI Legislation; and

39.2.2            

may be obliged under the FOI Legislation to disclose Information without consulting or obtaining consent from the Contractor.

39.3   

Without prejudice to the generality of clause 39.2, the Contractor shall and shall procure that its sub-contractors (if any) shall:

39.3.1            

transfer to the Authorised Officer (or such other person as may be notified by the Council to the Contractor) each Information Request relevant to the Contract or the Services that it or they (as the case may be) receive as soon as practicable and in any event within two working days of receiving such Information Request; and

39.3.2            

in relation to Information held by the Contractor or in its possession or power, provide the Council with details about and/or copies of all such Information that the Council requests and such details and/or copies shall be provided within five working days of a request from the Council (or such other period as the Council may reasonably specify), and in such forms as the Council may reasonably specify.

39.4   

The Council shall be responsible for determining at its absolute discretion whether Information is exempt information under the FOI Legislation and for determining what Information will be disclosed in response to an Information Request in accordance with the FOI Legislation.  In no event shall the Contractor respond directly to an Information Request unless expressly authorized to do so by the Council.

39.5        

The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Council to inspect such records as requested from time to time.

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Procurement

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