30.1 hubco acknowledges that a Participant is subject to the requirements of the FOI(S)A and the Environmental Information (Scotland) Regulations and shall assist and cooperate with a Participant (at hubco's expense) to enable the Participant to comply with any Information disclosure requirements.
30.2 In the event that an Information Request is received by hubco, hubco will transfer the Information Request to the Participant as soon as practicable after receipt and in any event within two (2) Business Days of receiving the request.
30.3 In the event that an Information Request is received by a Participant in relation to Information that hubco is holding on its behalf and which the Participant does not hold itself the Participant shall refer to hubco such Information Request as soon as practicable and in any event within five (5) Business Days of receiving such Information Request and hubco shall:
30.3.1 provide the Participant with a copy of all Information in its possession or power in the form that the Participant requires within five (5) Business Days (or such other period as the Participant may specify) of the Participant requesting that Information; and
30.3.2 provide all necessary assistance as reasonably requested by the Participant to enable the Participant to respond to the Information Request within the time for compliance set out in section 10 of the FOI(S)A or regulation 5 of the Environmental Information (Scotland) Regulations.
30.4 Following notification under Clause 30.3, and up until such time as hubco has provided the Participant with all the Information specified in Clause 30.3 hubco may make representations to the Participant as to whether or not or on what basis Information requested should be disclosed, provided always that the Participant shall be responsible for determining at its absolute discretion:
30.4.1 whether Information is exempt from disclosure in accordance with the provisions of the FOI(S)A or the Environmental Information (Scotland) Regulations;
30.4.2 whether Information is to be disclosed in response to an Information Request, and
in no event shall hubco respond directly to an Information Request unless expressly authorised to do so by the Participant.
30.5 hubco shall ensure that all Information produced in the course of this Agreement or relating to this Agreement is retained for disclosure for as long as is reasonably necessary for the purposes of this Agreement and shall permit the Participant to inspect such records as requested from time to time.
30.6 hubco acknowledges that any lists or schedules provided by it outlining Commercially Sensitive Information are of indicative value only and that the Participant may nevertheless be obliged to disclose Confidential Information in accordance with the requirements of the FOI(S)A and the Environmental Information (Scotland) Regulations.
30.7 hubco acknowledges that (notwithstanding the provisions of Clause 29 (Confidentiality) a Participant may, acting in accordance with the Scottish Ministers Code of Practice on the Discharge of Functions of Public Authorities under Part 6 of the Freedom of Information (Scotland) Act 2002 (the "FOI(S)A Code") and/or having full regard to any guidance or briefings issued by the Scottish Information Commissioner or the Scottish Ministers, be obliged under the FOI(S)A, or the Environmental Information (Scotland) Regulations to disclose Information concerning hubco, the Partnering Services or any Project:
30.7.1 in certain circumstances without consulting with hubco; or
30.7.2 following consultation with hubco and having taken their views into account,
provided always that where Clause 30.7.1 above applies a Participant shall, in accordance with the recommendations of the FOI(S)A Code, draw this to the attention of hubco prior to any disclosure.
30.8 In the event that hubco is or becomes subject to Environmental Information (Scotland) Regulations or FOI(S)A it shall comply with its obligations under Environmental Information (Scotland) Regulations and FOI(S)A. It will use reasonable endeavours to consult the Participant before disclosing Information about them.
30.9 hubco shall ensure that all Information held on behalf of a Participant is retained for disclosure for at least the number of years (from the date it is acquired) specified in the relevant Participant Policy relating to records retention and shall permit a Participant to inspect such Information as requested from time to time.