24.  FREEDOM OF INFORMATION

24.1.  The Service Provider acknowledges that the Authority is subject to the requirements of the FOIA and the Environmental Information Regulations, and shall facilitate the Authority's compliance with its Information disclosure requirements pursuant to and in the manner provided for in this clause 24 (Freedom of Information).

24.2.  Where the Authority receives a Request for Information in relation to Information that the Service Provider is holding on behalf of the Authority and which the Authority does not hold itself, the Authority shall refer to the Service Provider such Request for Information that it or the Authority receives as soon as practicable and in any event within [five (5)] Business Days of receiving a Request for Information, and the Service Provider shall:

24.2.1.  provide the Authority with a copy of all such Information in the form that the Authority requires as soon as practicable and in any event within [ten (10)] Business Days (or such other period as the Authority acting reasonably may specify) of the Authority's request; and

24.2.2.  provide all necessary assistance as reasonably requested by the Authority to enable the Authority 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.

24.3.  Following notification under clause 24.2, and up until such time as the Service Provider has provided the Authority with all the Information specified in clause 24.2.1, the Service Provider may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the information requested, provided always that the Authority shall be responsible for determining, at its absolute discretion:

24.3.1.  whether Information is exempt from disclosure under the FOIA and the Environmental Information Regulations;

24.3.2.  whether Information is to be disclosed in response to a Request for Information,

and in no event shall the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Authority.

24.4.  The Service Provider acknowledges that (notwithstanding the provisions of clause 23) 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:

24.4.1.  in certain circumstances without consulting with the Service Provider; or

24.4.2.  following consultation with the Service Provider and having taken its views into account.

24.5.  The Service Provider shall ensure that all Information held on behalf of the Authority is retained for disclosure for at least [  ] years (from the date it is acquired) and shall permit the Authority to inspect such Information as requested from time to time.

24.6.  The Service Provider shall transfer to the Authority any Request for Information received by the Service Provider as soon as practicable and in any event within two (2) Business Days of receiving it.

24.7.  The Service Provider acknowledges that any lists provided to it listing or outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with clause 24.4.

24.8.  In the event of a request from the Authority pursuant to clause 24.2 above, the Service Provider shall as soon as practicable, and in any event within [five (5)] Business Days of receipt of such request, inform the Authority of the Service Provider's estimated costs of complying with the request to the extent these would be recoverable if incurred by the Authority under Section 12(1) of the FOIA and the Fees Regulations. Where such costs (either on their own or in conjunction with the Authority's own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations (the "Appropriate Limit") the Authority shall inform the Service Provider in writing whether or not it still requires the Service Provider to comply with the request and where it does require the Service Provider to comply with the request the ten (10) Business Days period for compliance shall be extended by such number of additional days for compliance as the Authority is entitled to under Section 10 of the FOIA. In such case, the Authority shall notify the Service Provider of such additional days as soon as practicable after becoming aware of them and shall reimburse the Service Provider for such costs as the Service Provider incurs in complying with the request to the extent it is itself entitled to reimbursement of such costs in accordance with its own FOIA policy from time to time.