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Scotland statutory deadlines

When must I apply to the Scottish Information Commissioner?

The ordinary application limit expires six calendar months after actual receipt of the review notice, or after the applicable review-compliance period has elapsed. Establish the correct section 47(4) event. Prior review, section 48 exclusions and any different prescribed period remain separate checks.

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Period
Six calendar months after the actual section 47(4)(a) or(b) event
Trigger
the actual receipt of the review notice or established expiry of the review-compliance period
Rule
Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48
Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48

Current maintained statutory sources and applicable regulation. Historical and transitional regimes require their own actual law. The supported input and working-day calendar window covers 2024 through 2028.

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When must I apply to the Scottish Information Commissioner?

The ordinary application limit expires six calendar months after actual receipt of the review notice, or after the applicable review-compliance period has elapsed. Establish the correct section 47(4) event. Prior review, section 48 exclusions and any different prescribed period remain separate checks.

Responsible actor. Applicant dissatisfied after the authority review stage.

Identify the actual public body or company and statutory branch.

Use the actual receipt of the review notice or established expiry of the review-compliance period.

Make a competent requirement for review first. Use actual receipt of a section21(5) or(9) notice, or the established expiry of the applicable review-compliance period. Section48 excludes listed authorities and matters. The Commissioner may consider a late application when appropriate, but this discretion is not calculated.

Establish the actual statutory event, exact branch, current applicable regime and completion route. Only the encoded ordinary periods and fully supplied supported qualifications are calculated.

Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48

How does this provision count time?

  1. Exclude the event day and use calendar months. The calculator uses the corresponding target date. A missing corresponding date requires separate interpretation review. It does not infer the authority’s review deadline, postal receipt or a new period from later correspondence.
  2. No weekend, bank-holiday or court-holiday extension is inferred for this statutory application period. Use the Commissioner’s applicable application route and confirm when the application is made.
  3. Complete the actual statutory act within the applicable period.

Exclude the event day and use calendar months. The calculator uses the corresponding target date. A missing corresponding date requires separate interpretation review. It does not infer the authority’s review deadline, postal receipt or a new period from later correspondence.

No weekend, bank-holiday or court-holiday extension is inferred for this statutory application period. Use the Commissioner’s applicable application route and confirm when the application is made.

Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48

What do independently checked examples show?

Fictitious example

Fictitious facts. The actual legal event, branch, unaltered period and completion route are established.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsFictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, April 13, 2027. No engine output was used.Tuesday, April 13, 2027
Example 2. Closed-day boundaryFictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Saturday, October 10, 2026. No engine output was used.Saturday, October 10, 2026
Example 3. Ordinary established factsFictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, April 13, 2027. No engine output was used.Tuesday, April 13, 2027
Example 4. Closed-day boundaryFictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Saturday, October 10, 2026. No engine output was used.Saturday, October 10, 2026
Example 5. Material procedural branchFictitious established event with no corresponding date in the target month. Independent calendar lookup confirms there is no corresponding target date. No interpretation is inferred.The target month has no corresponding date. This statutory month-end boundary needs separate review.
Example resultTuesday, April 13, 2027

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Source condition 1
A competent requirement for review was made. I established its actual date and the applicable review procedure.
Source condition 2
The selected notice or failure branch applies. I established actual notice receipt or actual expiry under section 21, including any applicable variation.
Source condition 3
Section 48 does not exclude this application. The request and authority fall within the Commissioner’s jurisdiction.
Source condition 4
The ordinary six-month period applies. No different prescribed period or discretionary late consideration is assumed.
Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48
  • Establish the actual statutory event, exact branch, current applicable regime and completion route. Only the encoded ordinary periods and fully supplied supported qualifications are calculated.
  • The related procedures have their own actor, event and period. A court appeal, authority review or other complaint does not automatically replace this statutory event.

What must the responsible actor complete?

Questions about this procedure

When must I apply to the Scottish Information Commissioner?

Which date applies when the authority does not answer my review?

Use the actual expiry of the applicable section21 review-compliance period. Establish any authority or statutory variation first. The calculator does not invent that expiry.

Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48

Can I apply as soon as I receive the review notice?

The received-notice branch uses the actual section21(5) or(9) notice. A competent prior review and the Commissioner’s jurisdiction remain required.

Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48

Does a late application automatically fail?

Section47(5) allows the Commissioner to consider a late application when appropriate. The calculator shows the ordinary statutory limit and does not predict that decision.

Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48

Official sources and review

Provisions used (1)
Provisions used in this guide
ProvisionPurpose
Freedom of Information (Scotland) Act 2002 ss 20, 21, 47, 48Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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