Bangor University: FOI & EIR Clause for Contracts

The following clause was agreed by the University's Legal Compliance Task Group on 24th January 2011, for use in all relevant University Contracts

Definitions

“EIR”     the Environmental Information Regulations 2004 (as amended from time to time);

“FOIA”  the Freedom of Information Act 2000 (as amended from time to time);

Clauses

1. EIR & Freedom of Information

1.1 The Company acknowledges that the University is subject to requirements under the EIR and FOIA and shall assist and cooperate with the University to enable the University to comply with any information disclosure requirements.

1.2 Where the University receives a request to disclose any information that, under this Agreement, is the Company’s Confidential Information, it will notify the Company and will consult with the Company. The Company shall respond to the University within 5 working days after receiving the University’s notice of the request.  In the event that the Company fails to respond within the requisite period, the University reserves the right to disclose any such information it deems appropriate.

1.3 The University shall be responsible for determining at its absolute discretion whether the information is:-

1.3.1 exempt from disclosure in accordance with the EIR or FOIA;

1.3.2 to be disclosed in response to a request for information under the EIR or FOIA and in no event shall the Company respond directly to a request for information unless expressly authorised to do so by the University.

1.4 The Company acknowledges that the University may be obliged under the EIR or FOIA to disclose information following consultation with the Company and having taken its views into account.

Guidance Notes for Dealing with FOI Requests and Third Party Information