Angus CouncilTel: 03452 777 778

Freedom of Information - Suppliers

The Freedom of Information (Scotland) Act 2002 came into force on 1 January 2005 and requires all local authorities, including Angus Council, to give access to recorded information about, amongst other things, its contracts. It is not lawful for the council to 'contract out' of its Freedom of Information obligations.

The exemptions allowed under the Act are limited and most are also subject to a test that the public interest in withholding the information is greater than the public interest in releasing it (the 'public interest test').

In so far as contract information is concerned, some of the Scottish Information Commissioner's recent decisions (see http://www.itspublicknowledge.info/ApplicationsandDecisions/Decisions/Decisions.php) have made it clear than the exemption for commercial interests (where disclosure would be likely to prejudice substantially the commercial interests of any person, subject to the public interest test) will not be readily met unless genuine and substantial commercial prejudice can be established.

This is supplementary to the EU procurement rules applying to contracts above the relevant EU contract value thresholds (currently, approximately £156k for council supplies or services contracts and £3.9m for council construction works contracts). In summary, these provide for confidentiality to be preserved for bidders' tender information during the tender process and for ongoing confidentiality for technical and trade secrets but for mandatory publication of invitation to tender and contract award information. Other information may require to be made available on request.

As such, suppliers doing business with Angus Council should expect that their names and contact details along with overall contract value information may be made publicly available shortly after contract award.

Angus Council will also pro-actively:

The council makes use of the Public Contracts Scotland portal to publish its contract award notices and suppliers are referred there for that information.

The council also publishes its Contract Register (188 KB PDF)Opens in a new window, updated on a quarterly basis. This is a record of all the main contracts put in place by the council and of a value of greater than £1,000 over the contract duration.

Parties using the public Contracts Register are asked to note the basis on which it is provided:

Further information on Freedom of Information generally is available on the council's website under its Freedom of Information pages.