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but the Contractor shall not be required to comply with any request made in accordance with this Clause 10.3 unless it has been made by the PCT in accordance with directions made by the Secretary of State under section 17 of the NHS Act 1977 (Secretary of State’s directions; exercise of functions).

Requests for information from PCT Patients’ Forums  

10.4

Subject to Clause 10.5, if the Contractor receives a written request from the PCT Patients’ Forum established for the PCT to produce any information which appears to the Forum to be necessary for the effective carrying out of its functions, it shall comply with that request promptly and in any event no later than the twentieth (20) working day following the date the request was made.

10.5

The Contractor shall not be required to produce information under Clause 10.4 which:

10.5.1

is confidential and relates to a living individual, unless at least one of the conditions specified in Clause 10.6 applies; or

10.5.2

is prohibited by disclosure by or under any enactment or any ruling of a court of competent jurisdiction or is protected by the common law, unless Clause 10.7 applies.

10.6

The conditions referred to in Clause 10.5.1 are:

10.6.1

the information can be disclosed in a form from which the identity of the individual cannot be ascertained taking account of other information which is in the possession of, or likely to come into the possession of, the person to whom the information is to be disclosed; or

10.6.2

the individual consents to the information being disclosed.

10.7

This Clause 10.7 and Clause 10.8 apply where:

10.7.1

the prohibition of the disclosure of the information arises because the information is capable of identifying an individual; and

10.7.2

the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained.

10.8

In a case where the information falls within:

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