Scotland court deadlines
When must an eligible section 56 appeal reach the Court of Session?
Section 56 identifies which applicant or public authority may appeal each listed Commissioner decision on a point of law. The supported ordinary Form 41.25 route uses 42 days after actual decision intimation, or intimation of later-issued reasons. The six-month application to the Commissioner is a separate clock.
- Period
- 42 calendar days after the exact actual event for the selected branch
- Trigger
- actual intimation of the eligible Commissioner decision or its later statement of reasons
- Rule
- Freedom of Information (Scotland) Act 2002 s 56; RCS 1.3(7),41.24-41.26
Current maintained rules and official statutory text reviewed. The exact applicable procedural edition must govern. Supported event and endpoint dates are within 2024 through 2028.
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When must an eligible section 56 appeal reach the Court of Session?
Section 56 identifies which applicant or public authority may appeal each listed Commissioner decision on a point of law. The supported ordinary Form 41.25 route uses 42 days after actual decision intimation, or intimation of later-issued reasons. The six-month application to the Commissioner is a separate clock.
Responsible actor. Eligible applicant or Scottish public authority bringing a section 56 appeal on a point of law.
Establish actual intimation of the eligible Commissioner decision or its later statement of reasons.
The actual decision and appellant qualify under section 56. A section 49(2) decision is appealable by its applicant. A section 49(3)(b) decision is appealable by that applicant or the relevant public authority.
Only the confirmed ordinary source branch is calculated. The actual court, event, applicable edition, completion process and any different period must be established.
Freedom of Information (Scotland) Act 2002 s 56; RCS 1.3(7),41.24-41.26How does this provision count time?
- Exclude the actual event day and apply the fixed period for the selected branch.
- The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.
- Complete the actual required act, with its supporting documents, copies and cutoff.
Exclude the actual event day. Count the exact fixed calendar-day period for the selected branch.
The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.
Freedom of Information (Scotland) Act 2002 s 56; RCS 1.3(7),41.24-41.26What do independently checked examples show?
Fictitious example
Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established. Exclude the actual event day. Count 42 calendar days to Tuesday, November 24, 2026. The relevant court is confirmed open on that date. | Tuesday, November 24, 2026 |
| Example 2. Material procedural branch | Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Thursday, February 29, 2024. The selected source route, standing, ordinary period and required completion process are established. Exclude the actual event day. Count 42 calendar days to Thursday, April 11, 2024. The relevant court is confirmed open on that date. | Thursday, April 11, 2024 |
| Example 3. Closed-day boundary | Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established. The actual relevant court is confirmed closed on Tuesday, November 24, 2026. Exclude the actual event day. Count 42 calendar days to Tuesday, November 24, 2026. The express court rule moves the endpoint to the next confirmed working date, Wednesday, November 25, 2026. | Wednesday, November 25, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- The actual decision and appellant qualify under section 56. A section 49(2) decision is appealable by its applicant. A section 49(3)(b) decision is appealable by that applicant or the relevant public authority.
- Source condition 2
- For a decision resulting in an information or enforcement notice, the appellant is the Scottish public authority to which the notice was given. The appeal concerns a point of law.
- Source condition 3
- The selected route is an ordinary Form 41.25 appeal. No special period or another enactment displaces the RCS 41.26(1)(b) default. RCS 41.26(2) and (3) do not apply.
- Source condition 4
- The selected decision-intimation or later-reasons event actually occurred. The six-month application to the Commissioner is a separate clock.
- Source condition 5
- No special statutory period, extension, sist, revised order or historical transition changes the selected ordinary period.
- Source condition 6
- I checked the actual Office of Court calendar and the rolls. No published notice specifies another completion date under RCS 1.3(7).
- Only the confirmed ordinary source branch is calculated. The actual court, event, applicable edition, completion process and any different period must be established.
- An application for permission, request for a case, lodging of a settled case and a notice to another party are different acts. One period does not replace another.
What must the responsible actor complete?
Questions about this procedure
When must an eligible section 56 appeal reach the Court of Session?
When must an eligible section 56 appeal reach the Court of Session?
Section 56 identifies which applicant or public authority may appeal each listed Commissioner decision on a point of law. The supported ordinary Form 41.25 route uses 42 days after actual decision intimation, or intimation of later-issued reasons. The six-month application to the Commissioner is a separate clock.
Freedom of Information (Scotland) Act 2002 s 56; RCS 1.3(7),41.24-41.26Who may appeal the Commissioner decision?
Section 56 allows the applicant to appeal a section 49(2) decision. For section 49(3)(b), the applicant or the relevant Scottish public authority may appeal. The authority receiving an information or enforcement notice may appeal the decision resulting in that notice. The appeal must concern a point of law.
Freedom of Information (Scotland) Act 2002 s 56; RCS 1.3(7),41.24-41.26How does this workflow handle a closed court day?
The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.
Rules of the Court of Session 1.3(7),41.24-41.26Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Freedom of Information (Scotland) Act 2002 s 56; RCS 1.3(7),41.24-41.26 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Court of Session 1.3(7),41.24-41.26 | Check the identified procedure, event, counting rule or qualification |