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Contents

Official guidance
National Minimum Wage Manual

NMWM16000 · Disclosure of information

  • NMWM16010 · Introduction
  • NMWM16020 · Duty of confidentiality and the declaration of confidentiality
  • NMWM16030 · Lawful authority to disclose information
  • NMWM16040 · Sanction for unlawful disclosure
  • NMWM16050 · Ownership of National Minimum Wage information
  • NMWM16060 · Exchange of information with other HM Revenue & Customs’ teams
  • NMWM16070 · Legal gateways: providing information to another government department or public authority, including local authorities
  • NMWM16080 · Legal gateways: request for information from another government department or public authority, including local authorities
  • NMWM16090 · Memorandum of Understanding
  • NMWM16100 · No legal gateway: lawful disclosure in the public interest
  • NMWM16105 · Public interest disclosures for public health or public safety
  • NMWM16110 · Data Protection Act 1998
  • NMWM16120 · Data Protection Act: issues relevant to HM Revenue & Customs’ disclosures
  • NMWM16130 · Data Protection Act: requests for information
  • NMWM16140 · Data Protection Act: obtaining information from third parties (such as Local Authorities)
  • NMWM16160 · Data Protection Act: requests from third parties for HM Revenue & Customs’ National Minimum Wage information
  • NMWM16170 · Freedom of Information
  • NMWM16180 · Freedom of Information: requests for information
  • NMWM16190 · Human Rights Act 1998
  • NMWM16200 · Human Rights Act: information sharing provisions
  • NMWM16210 · Department for Business and Trade
  • NMWM16215 · Employment Agency Standards Inspectorate and the Department of Employment and Learning
  • NMWM16220 · Home Office and its associated organisations including the police
  • NMWM16225 · Home Office Immigration Enforcement (previously UK Border Agency)
  • NMWM16230 · Department for Work and Pensions
  • NMWM16240 · Child Support Agency and the Child Maintenance and Enforcement Commission
  • NMWM16250 · Health and Safety Executive
  • NMWM16260 · Fair Work Agency for Gangmaster's licensing
  • NMWM16270 · Department for Environment, Food and Rural Affairs and the Scottish and Northern Irish equivalents
  • NMWM16280 · Insolvency Service Disqualification Unit, liquidators, administrators and administrative receivers
  • NMWM16290 · Insolvency Service Disqualification Unit: what can be disclosed
  • NMWM16300 · External solicitors acting for the Department for Business and Trade
  • NMWM16310 · Orders from tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16312 · NMW Officer ordered to attend a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16314 · Providing documentation to a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16316 · Providing information as a witness to a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16320 · Civil and criminal proceedings (no direct HM Revenue & Customs’ involvement)
  • NMWM16330 · Orders from court: witness summonses and subpoenas (witness citations in Scotland)
  • NMWM16340 · Orders from court: requests for information not binding on the Crown
  • NMWM16350 · Lawful disclosure: disclosure with the customer’s consent (including for agents and personal representatives)
  • NMWM16360 · Procedure to obtain consent: written or verbal
  • NMWM16370 · Procedure to obtain consent at interview with customer and third party
  • NMWM16380 · Disclosure of customer information in correspondence with Members of Parliament (MP, MSP, AM, MEP etc.)
  • NMWM16390 · Telephone enquiries received from Members of Parliament
  • NMWM16400 · Protecting confidentiality when obtaining information from third parties
  • NMWM16410 · Protecting confidentiality when on the telephone
  • NMWM16420 · Bogus telephone calls
  • NMWM16430 · Criminal Records Bureau, Disclosure Scotland and police service Northern Ireland
  • NMWM16440 · Power of attorney
  • NMWM16460 · The Parliamentary Ombudsman
  • NMWM16470 · Charity Commission
  • NMWM16500 · Revenue & Customs Prosecution Office (RCPO)
  • NMWM16510 · Verifying information already held
  • NMWM16520 · Obtaining consent where the customer is deceased or if a company is insolvent or has been dissolved
  1. Disclosure of information: contents
  2. Disclosure of information: legal gateways: request for information from another government department or public authority, including local authorities

NMWM16080 | Disclosure of information: legal gateways: request for information from another government department or public authority, including local authorities

From HM Revenue & Customs · National Minimum Wage Manual

If a request for information is received from another government department, agency or public authority, the requesting department should state which legal gateway it is that allows for the disclosure of the relevant information to that organisation. Consult your line manager before making any disclosure outside HM Revenue & Customs under a legal gateway.

In some situations requesting authorities may not be aware of the rules governing HM Revenue & Customs (NMWM02030) disclosures or the appropriate gateway or procedure (NMWM16070) to use. In this case you should refer to the relevant section of the manual and the Information Disclosure Guidance as appropriate.

Devolved assemblies

Law or practice may differ across England & Wales, Northern Ireland and Scotland. Where there are differences these will be highlighted in the respective guidance relating to each legal gateway. In the absence of any reference to devolved assemblies assume that the law and procedure applies equally across the whole of the United Kingdom.

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