Common use of Freedom of Information and Transparency Clause in Contracts

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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

Appears in 29 contracts

Sources: Grant Agreement, Grant Agreement, Grant Agreement

Freedom of Information and Transparency. 20.1 The Recipient acknowledges 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 Commissioner 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 provisions FOIA, Codes of the FOIA Practice and agrees to assist and co-operate Environmental Regulations it will liaise 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 Authority as to the Commissioner contents of any response before a response to a request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt is issued and will promptly (and in any event within three working days two (2) Business Days) provide a copy of receipt. 20.2 In no event shall the Recipient respond request and any response to the Authority; that where the Supplier receives 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 for information under the FOIA: 20.3.1 Without consulting , Codes of Practice and Environmental Regulations and the RecipientSupplier 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; or 20.3.2 Following consultation with that the Recipient and having taken into account its views. Provided that where clause 20.3.1 applies the Commissioner shallAuthority, acting in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code Codes 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 issued and shall allow the Commissioner to inspect such records revised from time to time upon request. 20.5 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 the Authority within five (5) Business Days of that request and without charge. The Recipient acknowledges Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the Commissioner provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3 of these Call-off Terms and Conditions, the Authority may consult with the Supplier to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. Where any information is subject to certain transparency and disclosure held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant 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 Clause 3 of this Agreement Schedule 3 of these Call-off Terms and information regarding any tender process related to Conditions, as if such Sub-contractor were the Purpose of the Agreement to enable the Commissioner to comply with their Transparency ObligationsSupplier. 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

Appears in 15 contracts

Sources: Framework Agreement, NHS Framework Agreement for the Supply of Goods, NHS Framework Agreement for the Provision of Services

Freedom of Information and Transparency. 20.1 B38.1. The Recipient 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. B38.2. If the Provider is not a Public Authority, the Provider acknowledges that the Commissioner Authority is subject to the provisions requirements of the FOIA and agrees to will assist and co-operate with the Commissioner (at the Recipient’s expense) where necessary Authority to enable the Commissioner Authority to comply with its disclosure obligations under the FOIA. Accordingly the Provider agrees: a) that this Contract and any requests other recorded information held by the Provider on the Authority’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Authority 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 relating is a decision solely for the Authority; c) that if the Provider receives a request for information under the FOIA, it will not respond to this Agreement. This includes, but is not limited to, transferring such request (unless directed to the Commissioner any request received do so by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt Authority) and will promptly (and in any event within three working days of receipt.2 Business Days) transfer the request to the Authority; 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 d) 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 shallAuthority, acting in accordance with the recommendations codes of practice issued and revised from time to time under both section 45 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 stepsand regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Provider and this Contract either without consulting with the Provider, or following consultation with the Provider and having taken its views into account; and e) to give assist the Recipient advanced notice Authority in responding to a request for information, by processing information 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 environmental information (as the same are defined in the FOIA) produced 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 course FOIA, and providing copies of all information requested by a Authority within 5 Business Days of such request and without charge. B38.3. The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement or relating Contract is not Confidential Information. B38.4. Notwithstanding any other provision of this Contract, the Provider hereby consents to the publication of this Agreement and shall allow the Commissioner to inspect such records Contract in its entirety including from time to time upon request. 20.5 The Recipient acknowledges that the Commissioner is agreed changes to this Contract 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 redaction 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 that 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5the provisions of the FOIA. B38.5. In preparing a copy of this Contract for publication pursuant to clause B38.4 the Authority may consult with the Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Authority’s absolute discretion. B38.6. The Provider must assist and co-operate with the Authority to enable the Authority to publish this Contract. B38.7. In order to comply with the Government’s policy on transparency in the areas of contracts and procurement the Authority will be disclosing information on its website in relation to monthly expenditure over £500 (five hundred pounds) in relation to this Contract. The information will include the Provider’s name and the monthly Charges paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information.

Appears in 12 contracts

Sources: Variation Agreement, Contract for the Provision of Public Health Services, Public Health Services Contract

Freedom of Information and Transparency. 20.1 The Recipient acknowledges 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 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; that the Commissioner 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 provisions FOIA, Codes of the FOIA Practice and agrees to assist and co-operate Environmental Regulations it will liaise 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 Authority as to the Commissioner contents of any response before a response to a request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt is issued and will promptly (and in any event within three working days two (2) Business Days) provide a copy of receipt. 20.2 In no event shall the Recipient respond request and any response to the Authority; that where the Supplier receives 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 for information under the FOIA: 20.3.1 Without consulting , Codes of Practice and Environmental Regulations and the RecipientSupplier 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; or 20.3.2 Following consultation with that the Recipient and having taken into account its views. Provided that where clause 20.3.1 applies the Commissioner shallAuthority, acting in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code Codes 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 issued and shall allow the Commissioner to inspect such records revised from time to time upon request. 20.5 under both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Framework Agreement; 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 the Authority within five (5) Business Days of that request and without charge. The Recipient acknowledges Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Framework Agreement is not Confidential Information. Notwithstanding any other term of this Framework Agreement, the Supplier consents to the publication of this Framework Agreement in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the Commissioner provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Framework Agreement for publication under Clause 3.4 of this Schedule 3, the Authority may consult with the Supplier to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Framework Agreement. Where any information is subject to certain transparency and disclosure held by any Sub-contractor of the Supplier in connection with this Framework Agreement, the Supplier shall procure that such Sub-contractor shall comply with the relevant 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 Clause 3 of this Agreement and information regarding any tender process related to Schedule 3, as if such Sub-contractor were the Purpose of the Agreement to enable the Commissioner to comply with their Transparency ObligationsSupplier. 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

Appears in 11 contracts

Sources: Framework Agreement, NHS Framework Agreement for the Supply of Goods, NHS Framework Agreement for the Provision of Services

Freedom of Information and Transparency. 20.1 3.1 The Recipient acknowledges 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 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; 3.2.2 that the Commissioner 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, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the provisions FOIA, Codes of the FOIA Practice and agrees to assist and co-operate Environmental Regulations it will liaise 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 Authority as to the Commissioner contents of any response before a response to a request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt is issued and will promptly (and in any event within three working days two (2) Business Days) provide a copy of receipt.the request and any response to the Authority; 20.2 In no event shall 3.2.4 that where the Recipient respond to Supplier receives 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 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; 20.3.1 Without consulting 3.2.5 that 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 shallAuthority, acting in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code Codes 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 issued and shall allow the Commissioner to inspect such records revised from time to time upon requestunder both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and 3.2.6 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 the Authority within five (5) Business Days of that request and without charge. 20.5 3.3 The Recipient acknowledges Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. 3.4 Notwithstanding any other term of this Contract, the Supplier consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the Commissioner provisions of the FOIA, Codes of Practice and Environmental Regulations. 3.5 In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3, the Authority may consult with the Supplier to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. 3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. 3.7 Where any information is subject to certain transparency and disclosure held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant 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 Clause 3 of this Agreement and information regarding any tender process related to Schedule 3, as if such Sub-contractor were the Purpose of the Agreement to enable the Commissioner to comply with their Transparency ObligationsSupplier. 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

Appears in 10 contracts

Sources: Key Provisions, NHS Terms and Conditions for the Provision of Services, NHS Terms and Conditions for the Provision of Services

Freedom of Information and Transparency. 20.1 The Recipient Supplier acknowledges that the Commissioner is Authority and Other Contracting Bodies are subject to the provisions requirements of the FOIA and agrees to the Environmental Information Regulations and shall assist and co-operate with the Commissioner (at Authority and the Recipient’s expense) where necessary Other Contracting Bodies to enable the Commissioner Authority and Other Contracting Bodies to comply with any requests received under the FOIA relating their Information disclosure obligations in relation to this AgreementFramework Agreement and any Call Off Agreements. This includes, but is not limited to, transferring The Supplier shall: transfer to the Commissioner any request received by Authority and/or the Recipient under the FOIA relating to this Agreement relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable following receipt and in any event within three working days two (2) Working Days of receipt. 20.2 receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body 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. The Authority shall be responsible for determining in absolute its discretion and notwithstanding any other provision in 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 FOIA or the Environmental Information Regulations. In no event shall the Recipient Supplier respond directly to a request Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-40.) the Authority 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 relating to this Agreement without obtaining FOIA, or the prior written consent of the Commissioner. 20.3 The Recipient acknowledges that the Commissioner may be obliged Environmental Information Regulations to disclose information under concerning the FOIA: 20.3.1 Without Supplier or the Services: in certain circumstances without consulting the RecipientSupplier; or 20.3.2 Following or following consultation with the Recipient Supplier and having taken its views into account its views. Provided account; provided always that where clause 20.3.1 Clause FW-40.5.1 applies the Commissioner Authority shall, in accordance with the any recommendations of the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of a public authorities’ functions under Part 1 of FOIACode, take reasonable steps, where appropriate, to give the Recipient Supplier advanced notice notice, or failing that, to draw the disclosure to the RecipientSupplier’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 Supplier acknowledges that the Commissioner is subject to certain transparency and disclosure obligations set out in the Elected Local Policing Bodies Specified description of information as Commercially Sensitive Information Order 2011 (as amended) (“Transparency Obligations”) 20.6 The Recipient consents notified to the Commissioner publishing the contents of this Agreement and information regarding any tender process related Authority prior 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 Commencement Date 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 confidential information are of an indicative value nature only and that the Commissioner Authority and Other Contracting Body may be obliged to disclose confidential information the Commercially Sensitive Information in accordance with this Clause 20.3 FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or Clause 20.5the Call Off Agreement, to the general public.

Appears in 8 contracts

Sources: Telephony Services Framework Agreement, Telephony Services Framework Agreement, Telephony Services Framework Agreement

Freedom of Information and Transparency. 20.1 The Recipient acknowledges 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 Commissioner 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 provisions FOIA, Codes of the FOIA Practice and agrees to assist and co-operate Environmental Regulations it will liaise 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 Authority as to the Commissioner contents of any response before a response to a request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt is issued and will promptly (and in any event within three working days two (2) Business Days) provide a copy of receipt. 20.2 In no event shall the Recipient respond request and any response to the Authority; that where the Supplier receives 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 for information under the FOIA: 20.3.1 Without consulting , Codes of Practice and Environmental Regulations and the RecipientSupplier 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; or 20.3.2 Following consultation with that the Recipient and having taken into account its views. Provided that where clause 20.3.1 applies the Commissioner shallAuthority, acting in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code Codes 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 issued and shall allow the Commissioner to inspect such records revised from time to time upon request. 20.5 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 the Authority within five (5) Business Days of that request and without charge. The Recipient acknowledges Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the Commissioner provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3, the Authority may consult with the Supplier to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. Where any information is subject to certain transparency and disclosure held by any Sub-contractor of the Supplier in connection with this Contract, the Supplier shall procure that such Sub-contractor shall comply with the relevant 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 Clause 3 of this Agreement and information regarding any tender process related to Schedule 3, as if such Sub-contractor were the Purpose of the Agreement to enable the Commissioner to comply with their Transparency ObligationsSupplier. 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

Appears in 8 contracts

Sources: NHS Terms and Conditions for the Supply of Goods and the Provision of Services, NHS Terms and Conditions for the Supply of Goods, NHS Terms and Conditions for the Provision of Services

Freedom of Information and Transparency. 20.1 The Recipient Supplier acknowledges that the Commissioner is Authority and Other Contracting Bodies are subject to the provisions requirements of the FOIA and agrees to the Environmental Information Regulations and shall assist and co-operate with the Commissioner (at Authority and the Recipient’s expense) where necessary Other Contracting Bodies to enable the Commissioner Authority and Other Contracting Bodies to comply with any requests received under the FOIA relating their Information disclosure obligations in relation to this AgreementFramework Agreement and any Call Off Agreements. This includes, but is not limited to, transferring The Supplier shall: transfer to the Commissioner any request received by Authority and/or the Recipient under the FOIA relating to this Agreement relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable following receipt and in any event within three working days two (2) Working Days of receipt. 20.2 receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body 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. The Authority shall be responsible for determining in absolute its discretion and notwithstanding any other provision in 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 FOIA or the Environmental Information Regulations. In no event shall the Recipient Supplier respond directly to a request Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-40) the Authority 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 relating to this Agreement without obtaining FOIA, or the prior written consent of the Commissioner. 20.3 The Recipient acknowledges that the Commissioner may be obliged Environmental Information Regulations to disclose information under concerning the FOIA: 20.3.1 Without Supplier or the Services: in certain circumstances without consulting the RecipientSupplier; or 20.3.2 Following or following consultation with the Recipient Supplier and having taken its views into account its views. Provided account; provided always that where clause 20.3.1 Clause FW-40.5.1 applies the Commissioner Authority shall, in accordance with the any recommendations of the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of a public authorities’ functions under Part 1 of FOIACode, take reasonable steps, where appropriate, to give the Recipient Supplier advanced notice notice, or failing that, to draw the disclosure to the RecipientSupplier’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 Supplier acknowledges that the Commissioner is subject to certain transparency and disclosure obligations set out in the Elected Local Policing Bodies Specified description of information as Commercially Sensitive Information Order 2011 (as amended) (“Transparency Obligations”) 20.6 The Recipient consents notified to the Commissioner publishing the contents of this Agreement and information regarding any tender process related Authority prior 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 Commencement Date 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 confidential information are of an indicative value nature only and that the Commissioner Authority and Other Contracting Body may be obliged to disclose confidential information the Commercially Sensitive Information in accordance with this Clause 20.3 FW-40. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or Clause 20.5the Call Off Agreement, to the general public.

Appears in 5 contracts

Sources: Telephony Services Framework Agreement, Telephony Services Framework Agreement, Telephony Services Framework Agreement

Freedom of Information and Transparency. 20.1 3.1 The Recipient acknowledges 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 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; 3.2.2 that the Commissioner 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, Codes of Practice and Environmental Regulations and the Supplier itself is subject to the provisions FOIA, Codes of the FOIA Practice and agrees to assist and co-operate Environmental Regulations it will liaise 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 Authority as to the Commissioner contents of any response before a response to a request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt is issued and will promptly (and in any event within three working days two (2) Business Days) provide a copy of receipt.the request and any response to the Authority; 20.2 In no event shall 3.2.4 that where the Recipient respond to Supplier receives 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 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; 20.3.1 Without consulting 3.2.5 that 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 shallAuthority, acting in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code Codes 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 issued and shall allow the Commissioner to inspect such records revised from time to time upon requestunder both section 45 of FOIA, and regulation 16 of the Environmental Regulations, may disclose information concerning the Supplier and this Contract; and 3.2.6 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 the Authority within five (5) Business Days of that request and without charge. 20.5 3.3 The Recipient acknowledges Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. 3.4 Notwithstanding any other term of this Contract, the Supplier consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the Commissioner provisions of the FOIA, Codes of Practice and Environmental Regulations. 3.5 In preparing a copy of this Contract for publication under Clause 3.4 of this Schedule 3, the Authority may consult with the Supplier to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. 3.6 The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. 3.7 Where any information is subject to certain transparency and disclosure held by any subcontractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor shall comply with the relevant 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 Clause 3 of this Agreement and information regarding any tender process related to Schedule 3, as if such subcontractor were the Purpose of the Agreement to enable the Commissioner to comply with their Transparency ObligationsSupplier. 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

Appears in 4 contracts

Sources: NHS Terms and Conditions for the Provision of Services, NHS Terms and Conditions for the Supply of Goods, Supply of Goods Contract

Freedom of Information and Transparency. 20.1 The Recipient acknowledges 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 Commissioner 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 provisions FOIA, Codes of the FOIA Practice and agrees to assist and co-operate Environmental Regulations it will liaise 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 Authority as to the Commissioner contents of any response before a response to a request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt is issued and will promptly (and in any event within three working days two (2) Business Days) provide a copy of receipt. 20.2 In no event shall the Recipient respond request and any response to the Authority; that where the Supplier receives 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 for information under the FOIA: 20.3.1 Without consulting , Codes of Practice and Environmental Regulations and the RecipientSupplier 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; or 20.3.2 Following consultation with that the Recipient and having taken into account its views. Provided that where clause 20.3.1 applies the Commissioner shallAuthority, acting in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code Codes 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 issued and shall allow the Commissioner to inspect such records revised from time to time upon request. 20.5 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 the Authority within five (5) Business Days of that request and without charge. The Recipient acknowledges Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, Codes of Practice and Environmental Regulations, the content of this Contract is not Confidential Information. Notwithstanding any other term of this Contract, the Supplier consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the Commissioner provisions of the FOIA, Codes of Practice and Environmental Regulations. In preparing a copy of this Contract for publication under Clause 55.4 of this Schedule 3, the Authority may consult with the Supplier to inform decision making regarding any redactions but the final decision in relation to the redaction of information will be at the Authority’s absolute discretion. The Supplier shall assist and cooperate with the Authority to enable the Authority to publish this Contract. Where any information is subject to certain transparency and disclosure held by any subcontractor of the Supplier in connection with this Contract, the Supplier shall procure that such subcontractor shall comply with the relevant 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 Clause 3 of this Agreement and information regarding any tender process related to Schedule 3, as if such subcontractor were the Purpose of the Agreement to enable the Commissioner to comply with their Transparency ObligationsSupplier. 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

Appears in 4 contracts

Sources: NHS Terms and Conditions for the Provision of Services, NHS Terms and Conditions for the Provision of Services, NHS Terms and Conditions for the Provision of Services

Freedom of Information and Transparency. 20.1 B37.1 The Recipient 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. B37.2 If the Provider is not a Public Authority, the Provider acknowledges that the Commissioner Authority is subject to the provisions requirements of the FOIA and agrees to will assist and co-operate with the Commissioner (at the Recipient’s expense) where necessary Authority to enable the Commissioner Authority to comply with its disclosure obligations under the FOIA. Accordingly the Provider agrees: a) that this Contract and any requests other recorded information held by the Provider on the Authority’s behalf for the purposes of this Contract are subject to the obligations and commitments of the Authority 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 relating is a decision solely for the Authority; c) that if the Provider receives a request for information under the FOIA, it will not respond to this Agreement. This includes, but is not limited to, transferring such request (unless directed to the Commissioner any request received do so by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt Authority) and will promptly (and in any event within three working days of receipt.2 Business Days) transfer the request to the Authority; 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 d) 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 shallAuthority, acting in accordance with the recommendations codes of practice issued and revised from time to time under both section 45 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 stepsand regulation 16 of the Environmental Information Regulations 2004, may disclose information concerning the Provider and this Contract either without consulting with the Provider, or following consultation with the Provider and having taken its views into account; and e) to give assist the Recipient advanced notice Authority in responding to a request for information, by processing information 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 environmental information (as the same are defined in the FOIA) produced 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 course FOIA, and providing copies of all information requested by a Authority within 5 Business Days of such request and without charge. B37.3 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Agreement or relating Contract is not Confidential Information. B37.4 Notwithstanding any other provision of this Contract, the Provider hereby consents to the publication of this Agreement and shall allow the Commissioner to inspect such records Contract in its entirety including from time to time upon request. 20.5 The Recipient acknowledges that the Commissioner is agreed changes to this Contract 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 redaction 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 that 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5the provisions of the FOIA. B37.5 In preparing a copy of this Contract for publication pursuant to clause B37.4 the Authority may consult with the Provider to inform its decision making regarding any redactions but the final decision in relation to the redaction of information shall be at the Authority’s absolute discretion. B37.6 The Provider must assist and co-operate with the Authority to enable the Authority to publish this Contract. B37.7 In order to comply with the Government’s policy on transparency in the areas of contracts and procurement the Authority will be disclosing information on its website in relation to monthly expenditure over £500 (five hundred pounds) in relation to this Contract. The information will include the Provider’s name and the monthly Charges paid. The Parties acknowledge that this information is not Confidential Information or commercially sensitive information.

Appears in 3 contracts

Sources: Contract for the Provision of Public Health Services, Contract for the Provision of Public Health Services, Contract for the Provision of Public Health Services

Freedom of Information and Transparency. 20.1 15.6.1 The Recipient Supplier acknowledges that the Commissioner Contracting Body is subject to the provisions requirements of the FOIA and agrees to the Environmental Information Regulations and shall assist and co-operate with the Commissioner (at Authority and the Recipient’s expense) where necessary Other Contracting Bodies to enable the Commissioner Contracting Body to comply with any requests received under the FOIA relating its Information disclosure obligations in relation to this Agreement. This includes, but is not limited to, transferring Contract. 15.6.2 The Supplier shall: 15.6.2.1 transfer to the Commissioner any request received by the Recipient under the FOIA relating to this Agreement Contracting Body, all Requests for Information that it receives as soon as practicable following receipt and in any event within three working days two (2) Working Days of receiptreceiving a Request for Information; and 15.6.2.2 provide all necessary assistance reasonably requested by the Contracting Body to enable the Contracting Body 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. 20.2 15.6.3 The Contracting Body shall have the sole and absolute right for the purpose of this Contract and notwithstanding any other provision in this Contract or any other agreement to determine whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. 15.6.4 In no event shall the Recipient Supplier respond directly to a request Request for Information unless expressly authorised to do so by the Contracting Body. 15.6.5 The Supplier acknowledges that (notwithstanding the provisions of this Clause 15.6, the Contracting Body 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 relating to this Agreement without obtaining FOIA, or the prior written consent of the Commissioner. 20.3 The Recipient acknowledges that the Commissioner may be obliged Environmental Information Regulations to disclose information under concerning the FOIASupplier or the Services: 20.3.1 Without 15.6.5.1 in certain circumstances without consulting the RecipientSupplier; or 20.3.2 Following 15.6.5.2 following consultation with the Recipient Supplier and having taken its views into account its views. Provided that where clause 20.3.1 account; 6.5.1 applies the Commissioner Contracting Body shall, in accordance with the any recommendations of the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of a public authorities’ functions under Part 1 of FOIACode, take reasonable steps, where appropriate, to give the Recipient Supplier advanced notice notice, or failing that, to draw the disclosure to the RecipientSupplier’s attention after any such disclosure. 20.4 15.6.6 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 Supplier acknowledges that the Commissioner is subject to certain transparency and disclosure obligations set out in the Elected Local Policing Bodies Specified description of information as Commercially Sensitive Information Order 2011 (as amended) (“Transparency Obligations”) 20.6 The Recipient consents notified to the Commissioner publishing the contents of this Agreement and information regarding any tender process related Contracting Body prior 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 determiningCommencement Date, 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 confidential information are of an indicative value nature only and that the Commissioner Contracting Body may be obliged to disclose confidential information the Commercially Sensitive Information in accordance with this Clause 20.3 and/or Clause 20.515.6. 15.6.7 Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Contract, the Supplier agrees that the contents of the Contract are not Confidential Information and the Supplier hereby gives its consent for the Contracting Body to publish this Contract in its entirety including from time to time agreed changes to this Contract, to the general public.

Appears in 2 contracts

Sources: Framework Agreement, Order Form

Freedom of Information and Transparency. 20.1 24.1 The Recipient Contractor acknowledges that the Commissioner is entities which together comprise the Overarching Employer may be subject to the Freedom of Information Act 2000 and all subordinate legislation made under it, together with the Environmental Information Regulations 2004 (and any provisions that replace these) and any guidance issued by the Information Commissioner, the Ministry of Justice, or the FOIA Department for Environment Food and Rural Affairs (including in each case its successors or assigns) (the "FOI Legislation") in relation to such legislation and agrees to assist and co-operate and procure that its Subcontractors assist and co-operate with the Commissioner (at the Recipient’s expense) where necessary Overarching Employer to enable each entity which together comprise 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 Overarching Employer 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 obligations under such legislation including providing to the FOIA and/or Overarching Employer such information as the Transparency Obligations and to what extent any information disclosed shall be redacted; and 20.7.2 Any lists or schedules provided by Overarching Employer may reasonably request concerning this contract within five (5) Business Days of a request from the Recipient outlining confidential information are of an indicative value only and Overarching Employer. The Contractor further acknowledges that the Commissioner Overarching Employer may be obliged under such legislation to disclose confidential information without consulting or obtaining consent from the Contractor. Without prejudice to the generality of the foregoing the Contractor shall transfer to the Overarching Employer any request for information under the Act that it receives as soon as reasonably practicable. The Contractor shall not itself respond to any person making such a request save to acknowledge receipt, unless expressly authorised to do so by the Overarching Employer. This clause shall survive the expiry or termination of this Contract. 24.2 The Contractor acknowledges that the Overarching Employer is subject to the Transparency Commitment. Accordingly, notwithstanding clauses 24.1 and 22, the Contractor hereby gives its consent for the Overarching Employer to publish the Contract Information to the general public. 24.3 The Overarching Employer may in accordance its absolute discretion redact all or part of the Contract Information prior to its publication. In so doing and in its absolute discretion the Overarching Employer may take account of the exemptions/exceptions that would be available in relation to information requested under the FOI Legislation. The Overarching Employer may in its absolute discretion consult with Clause 20.3 and/or Clause 20.5.the Contractor regarding any redactions to

Appears in 1 contract

Sources: Contract for the Design, Supply, Construction, Repair and Maintenance of Lifts

Freedom of Information and Transparency. 20.1 19.1 The Recipient acknowledges that the Commissioner is subject to the provisions of the FOIA and agrees to Provider shall assist and co-operate with the Commissioner (at the Recipient’s expense) where necessary CHCP CIC to enable the Commissioner CHCP CIC to comply with the Information disclosure requirements in relation to Freedom of Information Act (“FOIA”) and the Environmental Information Regulations (“EIR”). 19.2 The Provider shall and shall procure that the Provider’s Personnel shall: 19.2.1 Transfer any requests received under the FOIA relating Request for Information 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 CHCP CIC as soon as practicable following after receipt and in any event within three working days of receiptreceiving a Request for Information; 19.2.2 provide CHCP CIC with a copy of all Information in its possession or power in the form that CHCP CIC requires within seven working days (or such other period as CHCP CIC may specify) of CHCP CIC requesting that Information; and 19.2.3 Provide all necessary assistance as reasonably requested by CHCP CIC to enable CHCP CIC to respond to a Request for Information within the time for compliance set out in section 10 of FOIA or regulation 5 of the EIR. 20.2 19.3 CHCP CIC shall be responsible for determining at its absolute discretion whether any Commercially Sensitive Information and/or any other Information: 19.3.1 Is exempt from disclosure in accordance with the provisions of FOIA or the EIR; 19.3.2 Is to be disclosed in response to a Request for Information. 19.4 In no event shall the Recipient Provider respond directly to a request under the FOIA relating Request for Information unless expressly authorised to this Agreement without obtaining the prior written consent of the Commissionerdo so by CHCP CIC. 20.3 19.5 The Recipient Provider acknowledges that the Commissioner CHCP CIC may be obliged under FOIA or the EIR to disclose information under the FOIAInformation: 20.3.1 19.5.1 Without consulting with the Recipient; Provider, or 20.3.2 19.5.2 Following consultation with the Recipient Provider and having taken its views into account its viewsaccount. Provided always that where clause 20.3.1 19.5.2 applies the Commissioner CHCP CIC shall, in accordance with the any recommendations of the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of a public authorities’ functions under Part 1 of FOIACode, take reasonable steps, where appropriate, to give the Recipient Provider advanced notice notice, or failing that, to draw the disclosure to the Recipient’s Provider's attention after any such disclosure. 20.4 19.6 The Recipient Provider shall ensure it retains for disclosure that all information (as defined in the FOIA) Information produced in the course of this the Agreement or relating to this the Agreement is retained for disclosure (subject to requirements under Data Protection Legislation) and shall allow the Commissioner permit CHCP CIC to inspect such records as requested from time to time upon requesttime. 20.5 19.7 The Recipient Provider 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 it outlining confidential information Confidential Information are of an indicative value only and that the Commissioner CHCP CIC may nevertheless be obliged to disclose confidential information Confidential Information in accordance with Clause 20.3 and/or Clause 20.5clause 19.5.

Appears in 1 contract

Sources: Service Agreement

Freedom of Information and Transparency. 20.1 21.1 The Recipient Provider acknowledges that the Commissioner Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority to enable the Authority to comply with its Information disclosure obligations. 21.2 The Provider shall: 21.2.1 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; 21.2.2 provide the Authority with a copy of all Information in its possession, or power in the form that the Authority requires within five (5) Working Days (or such other period as the Authority may specify) of the Authority’s request; and 21.2.3 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. 21.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in 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 FOIA and agrees to assist and co-operate with or 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 receiptEnvironmental Information Regulations. 20.2 21.4 In no event shall the Recipient Authority respond directly to a request under Request for Information unless expressly authorised to do so by the FOIA relating to this Agreement without obtaining the prior written consent of the CommissionerAuthority. 20.3 21.5 The Recipient Provider acknowledges that (notwithstanding the Commissioner may be obliged to disclose information under provisions of Clause 21.2) 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 shallAuthority may, acting in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Affairs Code of Practice on the discharge Discharge of a public authorities’ functions 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 Provider or the Services: 21.5.1 in certain circumstances without consulting the Provider; or 21.5.2 following consultation with the Provider and having taken their views into account; 21.5.3 provided always that where Clause 21.2 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Recipient Provider advanced notice notice, or failing that, to draw the disclosure to the RecipientProvider’s attention after any such disclosure. 20.4 21.6 The Recipient shall ensure it retains Parties acknowledge that, except for any information which is exempt from disclosure all information (as defined in accordance with the provisions of the FOIA) produced in , the course content of this Framework Agreement or relating is not Confidential Information. The Authority shall be responsible for determining in its absolute discretion whether any of the content of this Framework Agreement is exempt from disclosure in accordance with the provisions of the FOIA. 21.7 Notwithstanding any other term of this Framework Agreement, the Supplier hereby gives its consent for the Authority to publish this Framework Agreement and shall allow in its entirety (subject only to redaction of any information that the Commissioner to inspect such records Authority determines is exempt from disclosure in accordance with the provisions of FOIA) including from time to time upon requestagreed changes to this Framework Agreement. 20.5 21.8 The Recipient acknowledges that Authority may consult with the Commissioner is subject Supplier 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 help with its decision regarding any tender process related to exemptions under Clause 21.6 but the Purpose of Authority shall have the Agreement final decision in its absolute discretion. 21.9 The Supplier shall assist and cooperate with the Authority to enable the Commissioner Authority to comply with their Transparency Obligationspublish this Framework Agreement. 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.

Appears in 1 contract

Sources: Framework Agreement

Freedom of Information and Transparency. 20.1 ‌ 24.1 The Recipient Contractor acknowledges that the Commissioner is entities which together comprise the Overarching Employer may be subject to the Freedom of Information Act 2000 and all subordinate legislation made under it, together with the Environmental Information Regulations 2004 (and any provisions that replace these) and any guidance issued by the Information Commissioner, the Ministry of Justice, or the FOIA Department for Environment Food and Rural Affairs (including in each case its successors or assigns) (the "FOI Legislation") in relation to such legislation and agrees to assist and co- operate and procure that its Subcontractors assist and co-operate with the Commissioner (at the Recipient’s expense) where necessary Overarching Employer to enable each entity which together comprise 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 Overarching Employer 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 obligations under such legislation including providing to the FOIA and/or Overarching Employer such information as the Transparency Obligations and to what extent any information disclosed shall be redacted; and 20.7.2 Any lists or schedules provided by Overarching Employer may reasonably request concerning this contract within five (5) Business Days of a request from the Recipient outlining confidential information are of an indicative value only and Overarching Employer. The Contractor further acknowledges that the Commissioner Overarching Employer may be obliged under such legislation to disclose confidential information without consulting or obtaining consent from the Contractor. Without prejudice to the generality of the foregoing the Contractor shall transfer to the Overarching Employer any request for information under the Act that it receives as soon as reasonably practicable. The Contractor shall not itself respond to any person making such a request save to acknowledge receipt, unless expressly authorised to do so by the Overarching Employer. This clause shall survive the expiry or termination of this Contract. 24.2 The Contractor acknowledges that the Overarching Employer is subject to the Transparency Commitment. Accordingly, notwithstanding clauses 24.1 and 22, the Contractor hereby gives its consent for the Overarching Employer to publish the Contract Information to the general public. 24.3 The Overarching Employer may in accordance its absolute discretion redact all or part of the Contract Information prior to its publication. In so doing and in its absolute discretion the Overarching Employer may take account of the exemptions/exceptions that would be available in relation to information requested under the FOI Legislation. The Overarching Employer may in its absolute discretion consult with the Contractor regarding any redactions to the Contract Information to be published pursuant to Clause 20.3 24.2. The Overarching Employer shall make the final decision regarding publication and/or Clause 20.5redaction of the Contract Information.

Appears in 1 contract

Sources: Contract for the Design, Supply, Construction, Repair and Maintenance of Escalators

Freedom of Information and Transparency. 20.1 The Recipient acknowledges that the Commissioner Grantor is subject to the provisions requirements of the FOIA Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 (EIRs), the Transparency Code, and agrees to assist any other public sector transparency requirements. The Recipient shall: provide, at its own cost, all necessary assistance and co-operate with cooperation as reasonably requested by the Commissioner (at the Recipient’s expense) where necessary Grantor to enable the Commissioner Grantor to comply with any requests received its obligations under the FOIA FOIA, EIRs, Transparency Code, and any other public sector transparency requirements; transfer to the Grantor all requests for information 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 agreement that it receives as soon as practicable following receipt and in any event within three 2 working days of receipt. 20.2 In no event shall ; provide the Recipient Grantor with a copy of all information belonging to the Grantor requested in the request for information which is in its possession or control in the form that the Grantor requires within 5 working days (or such other period as the Grantor may reasonably specify) of the Grantor’s request for such information; and not respond directly to a request under for information unless authorised in writing to do so by the FOIA relating to this Agreement without obtaining the prior written consent of the Commissioner. 20.3 Grantor. The Recipient acknowledges that the Commissioner Grantor may be obliged required under the FOIA, EIRs, Transparency Code, and other public sector transparency requirements to disclose information under the FOIA: 20.3.1 Without without consulting or obtaining consent from the Recipient; or 20.3.2 Following consultation with . The Grantor shall take reasonable steps to notify the Recipient and having taken into account its views. Provided that where clause 20.3.1 applies the Commissioner shall, of a request for information (in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ State’s section 45 Code of Practice on the discharge Discharge of a public authorities’ functions the Functions of Public Authorities 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 extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this agreement) 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 Grantor shall be responsible for determining, at their determining in its absolute discretion, 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 the FOIA, the EIRs, the Transparency Code, and/or Clause 20.5any other public sector transparency requirements. Both the Grantor and the Recipient will comply with all applicable requirements of and all their obligations under the Data Protection Legislation which arise in connection with the Agreement. It is not envisaged that personal data will be shared between the parties in connection with this Agreement but if the circumstances change such that personal data will be shared then the parties will enter into an appropriate controller to processor or controller to controller agreement prior to sharing personal data.

Appears in 1 contract

Sources: Grant Funding Agreement

Freedom of Information and Transparency. 20.1 The Recipient Supplier acknowledges that the Commissioner is Authority and Other Contracting Bodies are subject to the provisions requirements of the FOIA and agrees to the Environmental Information Regulations and shall assist and co-operate with the Commissioner (at Authority and the Recipient’s expense) where necessary Other Contracting Bodies to enable the Commissioner Authority and Other Contracting Bodies to comply with any requests received under the FOIA relating their Information disclosure obligations in relation to this AgreementFramework Agreement and any Call-Off Agreements. This includes, but is not limited to, transferring The Supplier shall: transfer to the Commissioner any request received by Authority and/or the Recipient under the FOIA relating to this Agreement Other Contracting Body, as applicable, all Requests for Information that it receives as soon as practicable following receipt and in any event within three working days two (2) Working Days of receipt. 20.2 receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body 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. The Authority and the Other Contracting Body shall be responsible for determining in their absolute discretion and notwithstanding any other provision in 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 FOIA or the Environmental Information Regulations. In no event shall the Recipient Supplier respond directly to a request Request for Information unless expressly authorised to do so by the Authority and/or the Other Contracting Body (as applicable). The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-44.) the Authority and the Other Contracting Body 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 Supplier or the Digital Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-44.5.1 applies the Authority and the Other Contracting Body shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date or notified to any Other Contracting Body prior to its Call-Off Agreement Commencement Date, is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-44.. Subject to any information which is exempt from disclosure under the FOIA relating and notwithstanding any other term of this Framework Agreement or the Call-Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call-Off Agreement are not Confidential Information and the Supplier hereby gives its consent for the Authority to publish this Framework Agreement and for the Customer to publish the Call-Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call-Off Agreement, to the general public. CONFIDENTIALITY Except to the extent set out in this Clause or where disclosure is expressly permitted elsewhere in this Framework Agreement, each Party shall: treat all the other Party’s Confidential Information as confidential and safeguard it accordingly; and not disclose the other Party’s Confidential Information to any other person without obtaining the prior written consent of the Commissioner. 20.3 other Party. The Recipient acknowledges Supplier shall ensure that the Commissioner may be obliged Supplier Staff are aware of the Supplier’s confidentiality obligations under this Framework Agreement and shall use its best endeavours to disclose information under ensure that the FOIA: 20.3.1 Without consulting the Recipient; or 20.3.2 Following consultation Supplier Staff comply with the Recipient Supplier’s confidentiality obligations under this Framework Agreement and having taken into account its viewsin relation to the Call-Off Agreements. Provided that where clause 20.3.1 applies The provisions of Clauses FW-45.1 to Clause FW-45.2 shall not apply to any Confidential Information received by one Party from the Commissioner shall, other which: is or becomes public knowledge (otherwise than by breach of this Clause FW-45.); was in accordance with the recommendations possession of the Secretary receiving Party, without restriction as to its disclosure, before receiving it from the disclosing Party; is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; is information independently developed without access to the Confidential Information; must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the Party making the disclosure. is used for the purpose of State for Constitutional Affairs’ Code of Practice obtaining professional advice. Nothing in this Framework Agreement shall prevent the Authority or a Contracting Body from disclosing the Supplier’s Confidential Information (including the Management Information obtained under Clause FW-22.): to any Central Government Contracting Body or Other Contracting Body on the discharge of a public authorities’ functions under Part 1 of FOIA, take reasonable steps, basis that the information may only be further disclosed to give the Recipient advanced notice Central Government Contracting Bodies or to draw the disclosure Other Contracting Bodies; to the Recipient’s attention after British Parliament and any such disclosure. 20.4 The Recipient shall ensure it retains for committees of the British Parliament or if required by any British Parliamentary reporting requirement; to the extent that the Authority (acting reasonably) deems disclosure all information (as defined in the FOIA) produced necessary or appropriate in the course of this Agreement carrying out its public functions; on a confidential basis to a professional adviser, consultant, supplier or other person engaged by any of the entities described in FW-45.4.1 (including any benchmarking organisation) for any purpose relating to or connected with 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 confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.Framework Agreement;

Appears in 1 contract

Sources: Framework Agreement

Freedom of Information and Transparency. 20.1 The Recipient Supplier acknowledges that the Commissioner is Authority and Other Contracting Bodies are subject to the provisions requirements of the FOIA and agrees to the Environmental Information Regulations and shall assist and co-operate with the Commissioner (at Authority and the Recipient’s expense) where necessary Other Contracting Bodies to enable the Commissioner Authority and Other Contracting Bodies to comply with any requests received under the FOIA relating their Information disclosure obligations in relation to this AgreementFramework Agreement and any Call Off Agreements. This includes, but is not limited to, transferring The Supplier shall: transfer to the Commissioner any request received by Authority and/or the Recipient under the FOIA relating to this Agreement Other Contracting Body, as applicable, all Requests for Information that it receives as soon as practicable following receipt and in any event within three working days two (2) Working Days of receipt. 20.2 receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body 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. The Authority and the Other Contracting Body shall be responsible for determining in their absolute discretion and notwithstanding any other provision in 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 FOIA or the Environmental Information Regulations. In no event shall the Recipient Supplier respond directly to a request Request for Information unless expressly authorised to do so by the Authority and/or the Other Contracting Body (as applicable). The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-44.) the Authority and the Other Contracting Body 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 relating to this Agreement without obtaining FOIA, or the prior written consent of the Commissioner. 20.3 The Recipient acknowledges that the Commissioner may be obliged Environmental Information Regulations to disclose information under concerning the FOIA: 20.3.1 Without Supplier or the Digital Services: in certain circumstances without consulting the RecipientSupplier; or 20.3.2 Following or following consultation with the Recipient Supplier and having taken its views into account its views. Provided account; provided always that where clause 20.3.1 Clause FW-44.5.1 applies the Commissioner Authority and the Other Contracting Body shall, in accordance with the any recommendations of the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of a public authorities’ functions under Part 1 of FOIACode, take reasonable steps, where appropriate, to give the Recipient Supplier advanced notice notice, or failing that, to draw the disclosure to the RecipientSupplier’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 Supplier acknowledges that the Commissioner is subject to certain transparency and disclosure obligations set out in the Elected Local Policing Bodies Specified description of information as Commercially Sensitive Information Order 2011 (as amended) (“Transparency Obligations”) 20.6 The Recipient consents notified to the Commissioner publishing the contents of this Agreement and information regarding any tender process related Authority prior to the Purpose of the Commencement Date or notified to any Other Contracting Body prior to its Call Off 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 determiningCommencement Date, 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 confidential information are of an indicative value nature only and that the Commissioner Authority and Other Contracting Body may be obliged to disclose confidential information the Commercially Sensitive Information in accordance with this Clause 20.3 FW-44.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives its consent for the Authority to publish this Framework Agreement and for the Customer to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or Clause 20.5the Call Off Agreement, to the general public.

Appears in 1 contract

Sources: Digital Services Framework Agreement