Where the FOIA or EIR directly applies by law to a client (the ‘Client Party’) of an RSM UK entity (‘RSM’) in relation to the engagement concerned, the following shall apply unless otherwise agreed in writing in respect of the FOIA or EIR by RSM and that Client Party:
‘EIR’: means the Environmental Information Regulations 2004 or Environmental Information (Scotland) Regulations 2004, as applicable, as amended from time to time together with any related guidance and/or codes of practice issued by the Information Commissioner concerned or relevant governmental department.
‘FOIA’: means the Freedom of Information Act 2000 or Freedom of Information (Scotland) Act 2002, as applicable, as amended from time to time and any subordinate legislation made under the relevant foregoing legislation from time to time, together with any guidance and/or codes of practice issued by the Information Commissioner concerned or relevant governmental department in relation to such legislation.
‘Request for Information’: a request for information or an apparent request for such information under the FOIA or the EIR.
‘working day’: means Monday to Friday, excluding public holidays in the country concerned.
- RSM acknowledges that the Client Party is subject to the requirements of the FOIA and EIR and shall assist and cooperate with the Client Party (at the Client Party’s expense, if such charging is allowed by law) to enable the Client Party to comply with these information disclosure requirements.
- With regard to paragraph 1 above RSM shall:
a) transfer a Request for Information to the Client Party as soon as practicable after receipt and in any event within two working days of receiving a Request for Information;
b) provide the Client Party with a copy of all information in its possession or power in the form that the Client Party requires within five working days (or such other period as the Client Party may reasonably specify) of the Client Party requesting that information; and
c) provide all necessary assistance as reasonably requested by the Client Party to enable the Client Party to respond to a Request for Information within the time for compliance set out in the FOIA or EIR.
- The Client Party shall be responsible for determining at its absolute discretion whether:
a) the information is exempt from disclosure under the FOIA or EIR; or
b) the information is to be disclosed in response to a Request for Information;
however, the Client Party shall take reasonable steps to notify RSM of the fact of receipt of a Request for Information which includes, or appears likely to include, information provided by RSM in advance of any disclosure and to consult with RSM on the Client Party’s determination as to whether such information is to be disclosed.
- In no event shall RSM respond directly to a Request for Information unless expressly authorised to do so by the Client Party.
- RSM acknowledges that the Client Party may be obliged under the FOIA or EIR to disclose information:
a) without consulting with RSM; or
b) following consultation with RSM and having taken its views into account.
- RSM acknowledges that any lists or schedules provided by it outlining confidential information are of indicative value only and that the Client Party may nevertheless be obliged to disclose information in accordance with Clause 5 above.