Common use of Transparency and Freedom of Information Clause in Contracts

Transparency and Freedom of Information. 17.1. The Supplier acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier shall: (a) provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations; (b) transfer to the Purchaser all Requests for Information relating to this Agreement that the Supplier receives as soon as practicable and in any event within 2 Working Days of receipt; (c) provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the Supplier’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires. (d) not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser. 17.2. If the Request for Information appears to be directed to information held by the Purchaser, the Supplier must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 17.3. If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 17.4. The Supplier acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier or the Contract: 17.4.1 in certain circumstances without consulting the Supplier, or 17.4.2 following consultation with the Supplier and having taken its views into account. 17.5. Where 17.5.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do. 17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information. 17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication. 17.8. Notwithstanding any other provision of this Agreement, the Supplier hereby gives consent for the Purchaser to publish to the general public, the Transparency Information in its entirety. The Purchaser shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. 17.9. The Supplier shall assist and co-operate with the Purchaser to enable the Purchaser to publish the Transparency Information including the preparation of Transparency Reports. 17.10. The Purchaser shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier. 17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)

Transparency and Freedom of Information. 17.1. ‌ 14.1 The Supplier Service Provider acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier Service Provider shall: (a) provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations; (b) transfer to the Purchaser all Requests for Information relating to this Agreement that the Supplier Service Provider receives as soon as practicable and in any event within 2 Working Days of receipt; (c) provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the SupplierService Provider’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires. (d) not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser. 17.2. 14.2 If the Request for Information appears to be directed to information held by the Purchaser, the Supplier Service Provider must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 17.3. 14.3 If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 17.4. 14.4 The Supplier Service Provider acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier Service Provider or the Contract: 17.4.1 14.4.1 in certain circumstances without consulting the SupplierService Provider, or 17.4.2 14.4.2 following consultation with the Supplier Service Provider and having taken its views into account. 17.5. 14.5 Where 17.5.4.1 14.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier Service Provider advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier Service Provider after such disclosure to the extent that it is permissible and reasonably practical for it to do. 17.6. 14.6 Where a Request for Information concerns Supplier Service Provider Sensitive Information specified in Schedule 6 Part 1 8 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier Service Provider before disclosing it pursuant to a Request for Information. 17.7. 14.7 The Supplier Service Provider acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, for the avoidance of doubt, the following shall be treated as Confidential Information: (a) any information that the Purchaser determine is exempt from disclosure in accordance with the provisions of FOISA; and (b) Commercially Sensitive Information and if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Confidential Information the Purchaser may, in its discretion exclude such information from publication. 17.8. 14.8 Notwithstanding any other provision of this Agreement, the Supplier Service Provider hereby gives consent for the Purchaser to publish to the general public, the Transparency Information in its entirety. The Purchaser shall, prior to publication, consult with the Supplier Service Provider on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. 17.9. 14.9 The Supplier Service Provider shall assist and co-operate with the Purchaser to enable the Purchaser to publish the Transparency Information including the preparation of Transparency Reports. 17.10. 14.10 To The Purchaser shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier.Service Provider 17.11. 14.11 The Supplier Service Provider agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive or Confidential Information) publish such Information. The Service Provider shall provide to the Purchaser within 5 working days (or such other period as the Purchaser may reasonably specify) any such Information requested by the Purchaser. 14.12 To comply with section 31(3) of the Public Services Reform (Scotland) Act 2010, Confidential Information the Purchaser publishes an annual statement of all payments over £25,000. In addition, in line with openness and transparency, the Scottish Government publishes a monthly report of all payments over £25,000. The Service Provider should note that where a payment is made in excess of £25,000 there will be disclosure (in the form of the name of the payee, the date of the payment, the subject matter and the amount of payment) in both the monthly report and the annual Public Services Reform (Scotland) Act 2010 statement. Guidance notes: FOI provisions in public sector contracts vary. This clause aims to meet current practice, having particular regard to the revised section 60 code of practice. Clause 14.8 gives effect to section 31(3) of the Public Services Reform (Scotland) Act 2010 and the requirement to publish an annual statement of all payments over £25,000. However, some of this clause 19.3.3)is specific to Scottish Government and should be removed or amended as appropriate for other public sector bodies.

Transparency and Freedom of Information. 17.1. 15.1 The Supplier Service Provider acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier Service Provider shall: (a) provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations; (b) transfer to the Purchaser all Requests for Information relating to this Agreement that the Supplier Service Provider receives as soon as practicable and in any event within 2 Working Days of receipt; (c) provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the SupplierService Provider’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires. (d) not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser. 17.2. 15.2 If the Request for Information appears to be directed to information held by the Purchaser, the Supplier Service Provider must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser. 17.3. 15.3 If the Purchaser receives a Request for Information concerning the ContractFramework Agreement, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 17.4. 15.4 The Supplier Service Provider acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier Service Provider or the ContractFramework Agreement: 17.4.1 15.4.1 in certain circumstances without consulting the SupplierService Provider, or 17.4.2 15.4.2 following consultation with the Supplier Service Provider and having taken its views into account. 17.5. 15.5 Where 17.5.4.1 15.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier Service Provider advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier Service Provider after such disclosure to the extent that it is permissible and reasonably practical for it to do. 17.6. 15.6 Where a Request for Information concerns Supplier Service Provider Sensitive Information specified in Schedule 6 Part 1 7 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier Service Provider before disclosing it pursuant to a Request for Information. 17.7. 15.7 The Supplier Service Provider acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Confidential Information. However, for the avoidance of doubt, the following shall be treated as Confidential Information: (i) any information that the Purchaser determine is exempt from disclosure in accordance with the provisions of FOISA; and (ii) Commercially Sensitive Information; and if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Confidential Information the Purchaser may, in its discretion exclude such information from publication. 17.8. 15.8 Notwithstanding any other provision of this Agreement, the Supplier Service Provider hereby gives consent for the Purchaser to publish to the general public, the Transparency Information in its entirety. The Purchaser shall, prior to publication, consult with the Supplier Service Provider on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. 17.9. 15.9 The Supplier Service Provider shall assist and co-operate with the Purchaser to enable the Purchaser to publish the Transparency Information including the preparation of Transparency Reports. 17.10. 15.10 The Purchaser shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the SupplierService Provider. 17.11. 15.11 The Supplier Service Provider agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)17.3.3) publish such Information. The Service Provider shall provide to the Purchaser within 5 working days (or such other period as the Purchaser may reasonably specify) any such Information requested by the Purchaser.

Transparency and Freedom of Information. 17.1. 15.1 The Supplier Service Provider acknowledges that the Purchaser is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier Service Provider shall: (a) provide all necessary assistance and cooperation as the Purchaser may reasonably request to enable the Purchaser to comply with its obligations under FOISA and Environmental Information Regulations; (b) transfer to the Purchaser all Requests for Information relating to this Agreement Contract that the Supplier Service Provider receives as soon as practicable and in any event within 2 Working Days of receipt; (c) provide the Purchaser with a copy of all information held on behalf of the Purchaser which is requested in a Request For Information and which is in the SupplierService Provider’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires. (d) not respond directly to a Request For Information addressed to the Purchaser unless authorised in writing to do so by the Purchaser. 17.2. 15.2 If the Request for Information appears to be directed to information held by the Purchaser, the Supplier Service Provider must promptly inform the applicant in writing that the Request for Information Informat ion can be directed to the Purchaser. 17.3. 15.3 If the Purchaser receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations. 17.4. 15.4 The Supplier Service Provider acknowledges that the Purchaser may, acting in accordance with the Purchaser’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier Service Provider or the Contract: 17.4.1 15.4.1 in certain circumstances without consulting the SupplierService Provider, or 17.4.2 15.4.2 following consultation with the Supplier Service Provider and having taken its views into account. 17.5. Where 17.5.4.1 applies the Purchaser must take reasonable steps, if practicable, to give the Supplier advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier after such disclosure to the extent that it is permissible and reasonably practical for it to do. 17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information. 17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication. 17.8. Notwithstanding any other provision of this Agreement, the Supplier hereby gives consent for the Purchaser to publish to the general public, the Transparency Information in its entirety. The Purchaser shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. 17.9. The Supplier shall assist and co-operate with the Purchaser to enable the Purchaser to publish the Transparency Information including the preparation of Transparency Reports. 17.10. The Purchaser shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier. 17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)

Transparency and Freedom of Information. 17.138. The Supplier Contractor acknowledges that the Purchaser Authority is subject to the requirements of FOISA and the Environmental Information Regulations. The Supplier Contractor shall: (a) 38.1. provide all necessary assistance and cooperation as the Purchaser Authority may reasonably request to enable the Purchaser Authority to comply with its obligations under FOISA and Environmental Information Regulations; (b) 38.2. transfer to the Purchaser Authority all Requests for Information relating to this Agreement that the Supplier Contractor receives as soon as practicable and in any event within 2 Working Days of receipt;, or if the Contractor cannot practicably provide such Information within 2 Working Days, (c) 38.3. provide the Purchaser Authority with a copy of all information held on behalf of the Purchaser Authority which is requested in a Request For for Information and which is in the SupplierContractor’s possession or control. The information must be provided within 5 Working Days (or such other period as the Purchaser may reasonably specify) in the form that the Purchaser requires.information (d) 38.4. not respond directly to a Request For for Information addressed to the Purchaser Authority unless authorised in writing to do so by the PurchaserAuthority. 17.239. If the Request for Information appears to be directed to information held by the PurchaserAuthority, the Supplier Contractor must promptly inform the applicant in writing that the Request for Information can be directed to the Purchaser.that 17.340. If the Purchaser Authority receives a Request for Information concerning the Contract, the Purchaser is responsible for determining at its absolute discretion whether the information requested is to be disclosed to the applicant or whether the information requested is exempt from disclosure in accordance with FOISA or the Environmental Information Regulations.the 17.441. The Supplier Contractor acknowledges that the Purchaser Authority may, acting in accordance with the PurchaserAuthority’s Code of Practice on the Discharge of Functions of Public Authorities issued under section 60(5) of FOISA (as may be issued and revised from time to time), be obliged under FOISA or the Environmental Information Regulations to disclose information requested concerning the Supplier Contractor or the ContractFramework Agreement: 17.4.1 41.1. in certain circumstances without consulting the SupplierContractor, or 17.4.2 following consultation with the Supplier and having taken its views into account. 17.542. Where 17.5.4.1 41.1 applies the Purchaser Authority must take reasonable steps, if practicable, to give the Supplier Contractor advance notice of the fact of disclosure or, failing that, draw the fact of disclosure to the attention of the Supplier Contractor after such disclosure to the extent that it is permissible and reasonably practical for it to do. 17.6. Where a Request for Information concerns Supplier Sensitive Information specified in Schedule 6 Part 1 (having regard to the justifications and durations set out there), the Purchaser must take reasonable steps, where practicable, to consult with the Supplier before disclosing it pursuant to a Request for Information. 17.7. The Supplier acknowledges that Transparency Reports and the content of this Agreement including any Amendments, agreed from time to time, (together the “Transparency Information”) are not Supplier Sensitive Information. However, if the Purchaser believes that publication of any element of the Transparency Information should be treated as Supplier Sensitive Information the Purchaser may, in its discretion exclude such information from publication. 17.8. Notwithstanding any other provision of this Agreement, the Supplier hereby gives consent for the Purchaser to publish to the general public, the Transparency Information in its entirety. The Purchaser shall, prior to publication, consult with the Supplier on the manner and format of publication and to inform its decision regarding any redactions but shall have the final decision in its absolute discretion. 17.9. The Supplier shall assist and co-operate with the Purchaser to enable the Purchaser to publish the Transparency Information including the preparation of Transparency Reports. 17.10. The Purchaser shall publish the Transparency Information in a format that assists the general public in understanding the relevance and completeness of the information being published to ensure the public obtain a fair view on how the Agreement is being performed, having regard to the context of the wider commercial relationship with the Supplier. 17.11. The Supplier agrees that any further Information it holds that is not included in the Transparency Reports but is reasonably relevant to or that arises from the provision of the Services shall be provided to the Purchaser upon request, unless the cost of doing so would exceed the appropriate limit prescribed under section 12 of FOISA. The Purchaser may disclose such information under FOISA and the EIRs and may (except for Commercially Sensitive Information, Confidential Information (subject to clause 19.3.3)