Common use of FOIA Clause in Contracts

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request;; NHS Education Contract v1.1 (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information NHS Education Contract v1.1 (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(aclauses (a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information and exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the ““ Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as NHS Education Contract v1.1 to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(aclauses (a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information and exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any NHS Education Contract v1.1 representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 31.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 31.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a31.2(a) to 32.2(f31.2(f): (a) subject to clause 32.2(d31.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a31.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a31.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b31.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a31.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a31.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 31.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 31.3 Save as set out in this clause, the terms of this contract agreement are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- scale timescale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs EI Rs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(aclauses (a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the th e disclosure being made; andand NHS Education Contract v1.1 (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs EI Rs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- operation co­operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs.. NHS Education Contract v1.1 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a) Error! Reference source not found. to 32.2(f): (a) Error! Reference source not found.: subject to clause 32.2(d)Error! Reference source not found., the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) ; following notification under clause 32.2(a)Error! Reference source not found., the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) Error! Reference source not found. and any representations received after this time shall not be taken into account by the Disclosing Party; (c) ; the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) Error! Reference source not found. before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) ; notwithstanding clause 32.2(a) Error! Reference source not found. the Disclosing Party shall not notify the other Party under clause 32.2(a) Error! Reference source not found. where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) ; if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) and for the avoidance of doubt references to the Requested Information under this clause 32.2 Error! Reference source not found. shall include both queries NHS Education Contract v1.1 as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information NHS Education Contract v1.1 (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(aclauses (a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- scale timescale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information NHS Education Contract v1.1 (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(aclauses (a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request; (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.

FOIA. 32.1 Where a Party receives a request for information (the “Disclosing Party”) that is held on behalf of the Disclosing Party by the other Party then such co- co-operation shall include without limitation the provision of the requested information to the Disclosing Party by the other Party within a reasonable time- time-scale to enable the Disclosing Party to comply with the request for information within the timescales required by FOIA and/or the EIRs. 32.2 Where a Party (the “Disclosing Party”) receives a written request for information which is covered by FOIA and/or the EIRs and which relates to the other Party’s Confidential Information (the “Requested Information”) the Parties shall comply with the procedure set out in clauses 32.2(a) to 32.2(f): (a) subject to clause 32.2(d), the Disclosing Party shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving an FOIA or EIRs request notify the other Party of the receipt of such request and of the nature and extent of the information covered by the request;; NHS Education Contract v1.1 (b) following notification under clause 32.2(a), the other Party may make representations in writing to the Disclosing Party as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations shall be provided to the Disclosing Party no later than five (5) working days following the notification under clause 32.2(a) and any representations received after this time shall not be taken into account by the Disclosing Party; (c) the Disclosing Party shall reasonably consider any representations and recommendations made by the other Party under clause 32.2(b) before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Disclosing Party (having full regard to any guidance or codes of practice issued by the Information Commissioner or by a relevant Government Department) to determine whether it is obliged to disclose the Requested Information under FOIA and EIRs including where the public interest lies in relation to disclosure; (d) notwithstanding clause 32.2(a) the Disclosing Party shall not notify the other Party under clause 32.2(a) where the Disclosing Party has already decided that it does not intend to disclose the Requested Information because FOIA or EIRs does not apply to the request or an exemption under FOIA and the EIRs can be applied; (e) if the Disclosing Party takes a decision to disclose the Requested Information, it shall notify the other Party of this decision not less than 24 hours in advance of the disclosure being made; and (f) for the avoidance of doubt references to the Requested Information under this clause 32.2 shall include both queries as to whether the other Party’s Confidential Information exists and requests for the disclosure of the other Party’s Confidential Information. 32.3 Save as set out in this clause, the terms of this contract are not confidential, but neither Party shall make any announcement that is calculated to or that does harm the reputation or legitimate interest of the other. This clause shall not prevent either Party from making comments in good faith on a matter of public interest, or from making disclosures required by FOIA, EIRs or any other legislative or regulatory requirement.