24.1 The Parties acknowledge that, as public authorities, each Party is subject to the requirements of the Freedom of Information Act 2000 (the "FOIA") and the Environmental Information Regulations 2004 (the "EIR") and shall facilitate each other Party's compliance with its information disclosure requirements pursuant to the FOIA or the EIR in the manner provided for below.
24.2 Where the Party receiving a Request for Information (the "Responding Party") receives a Request for Information that another Party (the "Other Party") is holding and which the Responding Party does not hold itself the Responding Party shall refer to the Other Party such Request for Information that it receives as soon as practicable and in any event within five business days of receiving a Request for Information and the Other Party shall:
24.3 provide the Responding Party with a copy of all such Information in the form that the Responding Party requires as soon as practicable and in any event within ten business days (or such other period as the Responding Party acting reasonably may specify) of the Responding Party's request; and
24.4 provide all necessary assistance as reasonably requested by the Responding Party in connection with any such Information, to enable the Responding Party to respond to a Request for Information within time for compliance set out in section 10 of the FOIA or Regulation 5 of the EIR.
24.5 Following notification under Clause 24.2, and up until such time as the Other Party has provided the Responding Party with all the Information specified in Clause 24.3, the Other Party may make representations to the Responding Party as to whether or not or on what basis Information requested should be disclosed, and whether further Information should reasonably be provided in order to identify and locate the Information requested, provided always that the Responding Party shall be responsible for determining at its absolute discretion:
24.6 whether Information is exempt from disclosure under the FOIA and the EIR;
24.7 whether Information is to be disclosed in response to a Request for Information; and
24.8 in no event shall the Other Party respond directly, or allow its contractors to respond directly, to a Request for Information unless expressly authorised to do so by the Responding Party.
24.9 In the event of a request from the Responding Party pursuant to Clause 24.3, the Other Party shall as soon as practicable, and in any event within 5 business days of receipt of such request, inform the Responding Party of the Other Party's estimated costs of complying with the request to the extent these would be recoverable if incurred by the Responding Party under Section 12(1) of the FOIA and the Fees Regulations. Where such costs (either on their own or in conjunction with the Responding Party's own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations (the "Appropriate Limit") the Responding Party shall inform the Other Party in writing whether or not it still requires the Other Party to comply with the request and where it does so require the Other Party to comply with the request the 10 Business Days period for compliance shall be extended by such number of additional days for compliance as the Responding Party is entitled to under Section 10 of the FOIA. In such case, the Responding Party shall notify the Other Party of such additional days as soon as practicable after becoming aware of them and shall reimburse the Other Party for such costs as the Other Party incurs in complying with the request to the extent it is itself entitled to reimbursement of such costs in accordance with its own FOIA policy from time to time.
24.10 The Parties acknowledge that (notwithstanding the provisions of this Clause 24) the Responding Party may, acting in accordance with the Department of Constitutional Affairs' Code of Practice (the "Code") on the discharge of Functions of Public Authorities under Part I of the FOIA, be obliged under the FOIA or the EIR to disclose Information concerning the Other Party or the Residual Waste treatment and disposal project:
24.10.1 in certain circumstances without consulting with the Other Party, or
24.10.2 following consultation with the Other Party and having taken their views into account.
24.11 Where Clause 24.10 above applies the Responding Party shall, in accordance with the recommendations of the Code, draw this to the attention of the Other Party prior to any disclosure.
24.12 Where a Party receives a Request for Information in relation to Information which is does not hold but believes may be held by another Party, it shall transfer the Request for Information to the other Party, in accordance with Part III of the Code of Practice on the discharge of public authorities' functions under Part 1 of the FOIA.