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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: Freedom of Information: requests for information

NMWM16180 | Disclosure of information: Freedom of Information: requests for information

From HM Revenue & Customs · National Minimum Wage Manual

Procedure to take if you receive a request for information

There is a strict time limit of 20 working days for answering a Freedom of Information request. As soon as you receive a request, you must act immediately to ensure the Department meets this deadline.

All requests must be registered by the HM Revenue & Customs’ Freedom of Information Team, and you should refer the request to Penny Earle of the Assistant Director Team who is your local Freedom of Information representative.

Please do not attempt to answer a Freedom of Information request yourself - you must pass it to your local Freedom of Information representative.

What a Freedom of Information request looks like

Applications for information under Freedom of Information must

  • be in writing, which may include email,

  • state the name of the applicant and an address for correspondence,

  • describe the information wanted

The request does not need to mention any legislation, nor refer directly to the Act in any way.

It is not always easy to identify whether a request falls within the scope of the Act or whether it is a more normal business enquiry. Any cases of doubt should be referred to the local Freedom of Information representative.

You could receive a request from an individual for information about themselves. This will almost certainly relate to their personal data and will be covered by the Subject Access Request (SAR) process under the Data Protection Act (NMWM16130).

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