30. Freedom of Information
30.1
The Contractor acknowledges that the Council is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and co-operate with the Council (at the Contractor’s expense) to enable the Council to comply with these Information disclosure requirements.
30.2
The Contractor shall and shall procure that its sub-contractors shall:
30.2.1 transfer the Request for Information, as defined in the FOIA or the Environmental Information Regulations, to the Council as soon as practicable after receipt and in any event, within two (2) Working Days of receiving a Request for Information:
30.2.2 provide the Council with a copy of all Information in its possession or power in the form that the Council requires within five (5) Working Days (or such other period as the Council may specify) of the Council requesting that Information; and
30.2.3 provide all necessary assistance as reasonably requested by the Council to enable the Council to respond to a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations.
30.3
The Council shall be responsible for determining at its absolute discretion whether the Commercially Sensitive Information and/or any other information:-
30.3.1 is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations;
30.3.2 is to be disclosed in response to a Request for Information, and in no event shall the Contractor respond directly to a Request for Information, unless expressly authorised to do so by the Council;
30.4
The Contractor acknowledges that the Council may be obliged under the FOIA, or the Environmental Information Regulations, or any regulations or guidelines made thereunder, to disclose Information:-
30.4.1 without consulting with the Contractor, or
30.4.2 following consultation with the Contractor and having taken its views into account.
30.5
The Contractor shall ensure that all information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Council to inspect such records as requested from time to time.
30.6
The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information or Commercially Sensitive Information are of indicative value only and that the Council may nevertheless be obliged to disclose Confidential Information or Commercially Sensitive Information in accordance with Condition 30.4.
