Project Agrement for the 6PFI schools

alan m dransfield made this Freedom of Information request to Devon County Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, Devon County Council should have responded by now (details). You can complain by requesting an internal review.

alan m dransfield

Dear Devon County Council,
You have previously refused requests for the Project Agreement on grounds of CONFIDENTIALITY which is factually incorrect.
Please see the following extract from the Governement Guideleine for School Project Agreements.
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1 FREEDOM OF INFORMATION AND CONFIDENTIALITY

1.1 Duty of Confidentiality

1.1.1 The Parties agree that the terms of this Agreement and each Project Document shall, subject to clause 62.1.2, not be treated as Confidential Information and may be disclosed without restriction.

1.1.2 Clause 62.1.1 shall not apply to the terms of this Agreement or a Project Document designated as Commercially Sensitive Information and listed in Part 1 of Schedule 21 (Confidential Information) to this Agreement which shall, subject to clause 62.2 (Permitted Disclosure), be kept confidential for the relevant periods specified in that Part.

1.1.3 The Parties shall keep confidential all Confidential Information received by one Party from the other Party relating to this Agreement and the Project Documents or the Project and shall use all reasonable endeavours to prevent their employees and agents from making any disclosure to any person of any such Confidential Information.

1.2 Permitted Disclosure

Clauses 62.1.2 and 62.1.3 (Duty of Confidentiality) shall not apply to:
1.2.1 any disclosure of information that is reasonably required by any persons engaged in the performance of their obligations under this Agreement for the performance of those obligations;

1.2.2 any matter which a Party can demonstrate is already or becomes generally available and in the public domain otherwise than as a result of a breach of this clause 62;

1.2.3 any disclosure to enable a determination to be made under the Dispute Resolution Procedure or in connection with a dispute between the Contractor and any of its sub-contractors;

1.2.4 any disclosure which is required pursuant to any statutory, legal (including any order of a court of competent jurisdiction) or Parliamentary obligation placed upon the party making the disclosure or the rules of any stock exchange or governmental or regulatory authority having the force of law or if not having the force of law, compliance with which is in accordance with the general practice of persons subject to the stock exchange or governmental or regulatory authority concerned;

1.2.5 any disclosure of information which is already lawfully in the possession of the receiving party, prior to its disclosure by the disclosing party;

1.2.6 any provision of information to the Parties' own professional advisers or insurance advisers or to the Senior Lenders or the Senior Lenders' professional advisers or insurance advisers or, where it is proposed that a person should or may provide funds (whether directly or indirectly and whether by loan, equity participation or otherwise) to the Contractor [and/or Holdco] in connection with carrying out its obligations under this Agreement, or may wish to acquire shares in the Contractor [and/or Holdco] in accordance with the provisions of this Agreement to that person or their respective professional advisers but only to the extent reasonably necessary to enable a decision to be taken on the proposal;
Unquote
Therefore the DCC have not adhered to the foi ACT 2000 by relying on section 41 CONFIDENTIAL.
Hence,pease provide me with 6 seperate copies of the Project Agreement for the 6 PFI schools

Yours faithfully,

alan M Dransfield