KINGDOM,
THE UNITED KINGDOM PARLIAMENT, THE SCOTTISH PARLIAMENT, THE NATIONAL ASSEMBLY OF
WALES, THE MAYOR OF LONDON, GREATER
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LONDON AUTHORITY OR ANY DEPARTMENT, OFFICER, AGENT, REPRESENTATIVE, EMPLOYEE,
CONSULTANT OR ADVISER OF ANY OF THEM;
TO THE REGULATORS;
TO THE EXTENT REQUIRED BY APPLICABLE LAW OR PURSUANT TO AN
ORDER OF ANY COURT OF COMPETENT JURISDICTION OR UNDER THE DISPUTE RESOLUTION
PROCEDURE;
TO BIDDERS WHO HAVE PRE-QUALIFIED TO PARTICIPATE IN ANY
RELEVANT FORTHCOMING TENDER PROCESS, UPON OBTAINING AN UNDERTAKING OF
CONFIDENTIALITY EQUIVALENT TO THAT CONTAINED IN CLAUSE 10.1 (CONFIDENTIAL
INFORMATION);
TO INSURERS UPON OBTAINING AN UNDERTAKING OF CONFIDENTIALITY
EQUIVALENT TO THAT CONTAINED IN CLAUSE 10.1 (CONFIDENTIAL INFORMATION);
TO PROFESSIONAL ADVISERS, UPON OBTAINING AN UNDERTAKING OF
CONFIDENTIALITY EQUIVALENT TO THAT CONTAINED IN CLAUSE 10.1 (CONFIDENTIAL
INFORMATION);
.1
FOR THE PURPOSE OF:
.1.1
THE EXAMINATION AND CERTIFICATION OF THE
AUTHORITY'S OR THE CONTRACTOR'S ACCOUNTS; OR
.1.2
ANY EXAMINATION PURSUANT TO SECTION 6(1)
of the National Audit Act 1983 of the economy, efficiency and effectiveness with
which the Authority has used its resources; and/or
.2
TO CONSULTEES UNDER THE ENERGY ACT
10.3.2
So far as is practicable, the Authority shall
give the Contractor reasonable notice of any proposed disclosure pursuant to
Clause 10.3 (Disclosure by the Authority).
10.3.3
Notwithstanding the provisions of Clause 10.1
(Confidential Information), the Authority may, with the consent of the
Contractor not to be unreasonably withheld, further disclose the Information to
persons not referred to in Clause 10.3 (Disclosure by the Authority).
10.3.4
Any determination as to whether it is
reasonable for the Contractor to withhold its consent to disclosure under Clause
10.3.3 above shall have regard to:
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COMPLIANCE WITH THE AUTHORITY'S STATUTORY FUNCTIONS AND DUTIES,
INCLUDING IN PARTICULAR THE PROMOTION OF EFFECTIVE COMPETITION AND VALUE FOR
MONEY;
. RELEVANT GOVERNMENT POLICY;
THE REQUIREMENT TO MAINTAIN SECURITY;
THE PUBLIC INTEREST; AND
THE REQUIREMENT TO MAINTAIN OPENNESS AND TRANSPARENCY.
10.4
Publication
10.4.1
The Authority having considered any request
made by the Contractor pursuant to Clause 10.2 (Contractor right to request
confidentiality) may publish, in such form and at such times as it sees fit, the
following:
AMOUNTS OF PAYMENTS TO THE CONTRACTOR AND ANY REDUCTIONS MADE
FROM THE CONTRACTOR UNDER THIS CONTRACT;
PERFORMANCE STATISTICS;
MONITORING REPORTS; AND
SUCH INFORMATION AS THE AUTHORITY REASONABLY REQUIRES TO
PUBLISH HAVING REGARD TO THE LIST OF CONSIDERATIONS SET OUT IN CLAUSE 10.3.4
ABOVE, INCLUDING INFORMATION IT INCLUDES IN ITS ANNUAL REPORT.
10.4.2
THE AUTHORITY SHALL GIVE THE CONTRACTOR REASONABLE
NOTICE OF ANY PROPOSED PUBLICATION PURSUANT TO THIS CLAUSE 10.4 (PUBLICATION).
10.5
Disclosure by the Contractor
The Contractor may disclose without the consent of the Authority, any and all
information acquired by it under or pursuant to this Contract save for
information which is judged by OCNS to be security sensitive (unless the
recipient of information pursuant to this Clause 10.5 (Disclosure by the
Contractor) holds all relevant security clearances) to:
10.5.1 the Regulators
10.5.2 THE EXTENT REQUIRED BY