36.8  FOIA Code

The Service Provider acknowledges that (notwithstanding the provisions of clause 35 (Confidentiality)) the Authority may, acting in accordance with the Department of Constitutional Affairs' Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Act 2000 (the FOIA Code), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information concerning the Service Provider or the Project:

(a)  in certain circumstances without consulting with the Service Provider; or

(b)  following consultation with the Service Provider and having taken its views into account,

provided always that where clause 36.8(a) applies, the Authority shall, in accordance with the recommendations of the FOIA Code, draw this to the attention of the Service Provider prior to any disclosure.