.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 ANY PARLIAMENTARY OBLIGATION, APPLICABLE LAW OR
PURSUANT TO AN ORDER OF ANY COURT OF COMPETENT JURISDICTION OR UNDER THE DISPUTE
RESOLUTION PROCEDURE;
10.5.3 INSURERS, UPON OBTAINING AN UNDERTAKING OF CONFIDENTIALITY EQUIVALENT TO
THAT CONTAINED IN CLAUSE 10.1.1 (CONFIDENTIAL INFORMATION);
10.5.4 PROFESSIONAL ADVISERS INCLUDING LENDERS, UPON OBTAINING AN UNDERTAKING OF
CONFIDENTIALITY EQUIVALENT TO THAT CONTAINED IN CLAUSE 10.1.1 (CONFIDENTIAL
INFORMATION); AND
10.5.5 ANY DEPARTMENT, OFFICER, AGENT, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR
ADVISER OF ANY OF THE ENTITIES REFERRED TO IN CLAUSES 10.5.1 TO 10.5.4 ABOVE
SUBJECT, IN ANY CASE WHERE THE ENTITY IN QUESTION WOULD BE REQUIRED TO PROVIDE
AN UNDERTAKING OF
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CONFIDENTIALITY EQUIVALENT TO THAT CONTAINED IN CLAUSE 10.1.1 (CONFIDENTIAL
INFORMATION), TO OBTAINING SUCH AN UNDERTAKING OF CONFIDENTIALITY.
10.6
Delivery Up
On expiry or termination of this Contract, the Contractor shall ensure or
procure that