18.1 Each of the Partners acknowledges that each of the others is subject to the requirements of the Freedom of Information Act 2000 ("FOIA") and the Environmental Information Regulations 2004 ("EIR") and each Partner shall where reasonable assist and co-operate with the other Partner (at their own expense) to enable the other Partner to comply with these disclosure obligations.
18.2 Where a Partner receives a request for information under either the FOIA or EIR in relation to information which it is holding on behalf of any of the other Partners in relation to the Joint Waste Partnership, it shall:
18.2.1 transfer the request for information to the other Partner as soon as practicable after receipt and in any event within two working days of receiving a request for information;
18.2.2 provide the other Partner with a copy of all information in its possession or power in the form that the Partner requires within ten working days (or such longer period as the Partner may specify) of the Partner requesting that information; and
18.2.3 provide all necessary assistance as reasonably requested by the other Partner to enable the Partner to respond to a request for information within the time for compliance set out in the FOIA or the EIR.
18.3 Where a Partner receives a request for information under the FOIA or the EIR which relates to this MoU or the Joint Waste Partnership, it shall inform the other Partner of the request for information as soon as reasonably practicable after receipt and in any event at least two working days before disclosure and shall use all reasonable endeavours to consult with the other Partner prior to disclosure and shall consider all representations made by the other Partner in relation to the decision whether or not to disclose the information requested.
18.4 The Partners shall be responsible for determining in their absolute discretion whether any information requested under the FOIA or the EIR:
18.4.1 is exempt from disclosure under the FOIA and EIR; or
18.4.2 is to be disclosed in response to a request for information.
18.5 Each Partner acknowledges that the other Partners may be obliged under the FOIA or the EIR to disclose information:
18.5.1 without consulting the other Partner where is has not been practicable to achieve such consultation; or
18.5.2 following consultation with the other Partner and having taken their views into account.