8. Freedom of Information

8.1 

The Customer acknowledges that the Supplier is subject to the requirements of the FOIA and the Environmental Information Regulations 2004 and shall;              

(a)    provide all necessary assistance and cooperation as reasonably requested by the Supplier to enable the Supplier to comply with its obligations under the FOIA and the Environmental Information Regulations 2004;

(b)    transfer to the Supplier all Requests for Information relating to the Contract that it receives as soon as practicable and in any event within 2 Working Days of receipt;

(c)    provide the Supplier with a copy of all information under the meaning of Section 84 of the FOIA belonging to the Supplier requested in the Request for Information which is in its possession or control in the form that the Supplier requires within 5 Working Days (or such other period as the Supplier may reasonably specify) of the Supplier's request for such Information; and

(d)    not respond directly to a Request for Information unless authorised in writing to do so by the Supplier.

(e)    the Customer acknowledges that the Supplier may be required under the FOIA and the Environmental Information Regulations 2004 to disclose Information concerning the Customer or the Services (including commercially sensitive information). In such circumstances the Supplier shall, in accordance with any relevant guidance issued under the FOIA, take reasonable steps, where appropriate, to give the Customer advance notice and seek their consent. The Supplier will as appropriate rely on all relevant exemptions such as those relating to sensitive and confidential information.

(f)     notwithstanding any other provision in the Contract, the Supplier shall be responsible for determining in its absolute discretion whether any Information relating to the Customer or the Services is exempt from disclosure in accordance with the FOIA and/or the Environmental Information Regulations 2004.