42.  FREEDOM OF INFORMATION

42.1  The Contractor acknowledges that the Authority is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Authority to enable the Authority to comply with its Information disclosure obligations.

42.2  The Contractor shall and shall procure that its Sub-contractors shall:

42.2.1  transfer to the Authority all Requests for Information that it receives as soon as practicable and in any event within two Working Days of receiving a Request for Information;

42.2.2  provide the Authority with a copy of all Information in its possession, or power in the form that the Authority requires within five Working Days (or such other period as the Authority may specify) of the Authority's request; and

42.2.3  provide all necessary assistance as reasonably requested by the Authority to enable the Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations.

42.3  The Authority may consult with the Contractor to inform its decision regarding any exemptions but the Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations.

42.4  In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Authority.

42.5  The Contractor acknowledges that (notwithstanding the provisions of Clause 42) the Authority may, acting in accordance with the Department of Constitutional Affairs' Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services:

42.5.1  in certain circumstances without consulting the Contractor; or

42.5.2  following consultation with the Contractor and having taken their views into account;

provided always that where 42.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advance notice, or failing that, to draw the disclosure to the Contractor's attention after any such disclosure.

42.6  The Contractor shall ensure that all Information is retained for disclosure and shall permit the Authority to inspect such records as requested from time to time.

42.7  The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule C.2 is of indicative value only and that the Authority may be obliged to disclose it in accordance with Clause 42.5.