Scotland statutory deadlines
When must a Scottish public authority answer a freedom of information request?
A public authority must respond promptly and ordinarily within 20 statutory working days after actual receipt. The qualifying Keeper branch uses 30 working days. Qualifying schools use the earlier of 20 statutory working school days and 60 statutory working days. A valid, duly paid fee interval is excluded.
- Period
- 20 statutory working days,30 for the qualifying Keeper branch, or the school’s 20/60 limit, excluding any duly paid fee interval
- Trigger
- the actual receipt of the valid request or required clarification
- Rule
- Freedom of Information (Scotland) Act 2002 ss 1(3),9,10,22,73; SSI 2016/346 reg2
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 a Scottish public authority answer a freedom of information request?
A public authority must respond promptly and ordinarily within 20 statutory working days after actual receipt. The qualifying Keeper branch uses 30 working days. Qualifying schools use the earlier of 20 statutory working school days and 60 statutory working days. A valid, duly paid fee interval is excluded.
Responsible actor. Scottish public authority receiving the valid request.
Identify the actual public body or company and statutory branch.
Use the actual receipt of the valid request or required clarification.
Establish a valid FOISA request, actual receipt or required clarification, the authority branch and any valid fees notice. Section9 requires a timely notice and payment within three months beginning with its date. An unpaid fee, late notice, late payment, missing corresponding payment date or unconfirmed school calendar requires separate review. The EIRs use a separate procedure.
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 1(3),9,10,22,73; SSI 2016/346 reg2How does this provision count time?
- Exclude the receipt day. Section73 excludes Saturdays, Sundays, Christmas Day and Scottish bank holidays. For a qualifying school, regulation2 also disregards non-school working days in the20-day school count. Compare that count with60 statutory working days. Section10(3) excludes both endpoints of a duly paid fee interval.
- A local office holiday alone does not change section73. A qualifying school must supply every relevant day it is not ordinarily open to pupils for their school education. The published Scottish bank-holiday table covers2024 through2028, including June15,2026.
- Complete the actual statutory act within the applicable period.
Exclude the receipt day. Section 73 excludes Saturdays, Sundays, Christmas Day and Scottish bank holidays. For a qualifying school, regulation 2 also disregards non-school working days in the 20-day school count. Compare that count with 60 statutory working days. Section 10(3) excludes both endpoints of a duly paid fee interval.
A local office holiday alone does not change section 73. A qualifying school must supply every relevant day it is not ordinarily open to pupils for their school education. The published Scottish bank-holiday table covers 2024 through 2028, including June 15,2026.
Freedom of Information (Scotland) Act 2002 ss 1(3),9,10,22,73; SSI 2016/346 reg2What do independently checked examples show?
Fictitious example
Fictitious facts. The actual legal event, branch, unaltered period and completion route are established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 10, 2026. No engine output was used. | Tuesday, November 10, 2026 |
| Example 2. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 10, 2026. No engine output was used. | Tuesday, November 10, 2026 |
| Example 3. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 24, 2026. No engine output was used. | Tuesday, November 24, 2026 |
| Example 4. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 24, 2026. No engine output was used. | Tuesday, November 24, 2026 |
| Example 5. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 10, 2026. No engine output was used. | Tuesday, November 10, 2026 |
| Example 6. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, November 10, 2026. No engine output was used. | Tuesday, November 10, 2026 |
| Example 7. Closed-day boundary | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, June 30, 2026. No engine output was used. | Tuesday, June 30, 2026 |
| Example 8. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Monday, April 6, 2026. No engine output was used. | Monday, April 6, 2026 |
| Example 9. Closed-day boundary | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Thursday, December 31, 2026. No engine output was used. | Thursday, December 31, 2026 |
| Example 10. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Thursday, November 26, 2026. No engine output was used. | Thursday, November 26, 2026 |
| Example 11. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Friday, December 11, 2026. No engine output was used. | Friday, December 11, 2026 |
| Example 12. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Thursday, November 26, 2026. No engine output was used. | Thursday, November 26, 2026 |
| Example 13. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Tuesday, August 18, 2026. No engine output was used. | Tuesday, August 18, 2026 |
| Example 14. Material procedural branch | Fictitious facts. The actual legal event, branch, unaltered period and completion route are established. Independent Python calendar arithmetic establishes Wednesday, August 26, 2026. No engine output was used. | Wednesday, August 26, 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
- This is a valid FOISA request to a Scottish public authority. The EIRs do not govern this calculation.
- Source condition 2
- The selected authority and receipt branch apply. Any clarification is required under section 1(3). Keeper and school branches meet their exact statutory conditions.
- Source condition 3
- I established the actual receipt and any valid, timely fees notice and duly received payment. No other prescribed variation applies.
- Source condition 4
- The current statutory regime applies. The duty to respond promptly remains, even before the calculated latest date.
- 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 a Scottish public authority answer a freedom of information request?
Does asking for clarification always restart the clock?
Only a request for further information within section1(3) uses the actual receipt of that information. The calculator does not decide whether clarification was reasonably required.
Freedom of Information (Scotland) Act 2002 ss 1(3),9,10,22,73; SSI 2016/346 reg2Does every school receive extra time?
No. Regulation2 applies to its defined grant-aided and independent special schools. The school must establish its classification and actual non-school days. Other authorities use their applicable ordinary branch.
Freedom of Information (Scotland) Act 2002 ss 1(3),9,10,22,73; SSI 2016/346 reg2How does a paid fees notice affect counting?
A valid, timely notice and duly received payment exclude statutory working days from the date the notice was given through the payment-receipt date. Both dates are included in the excluded interval.
Freedom of Information (Scotland) Act 2002 ss 1(3),9,10,22,73; SSI 2016/346 reg2Can the authority wait until the calculated date?
The authority must respond promptly. The calculated date is the latest ordinary statutory limit, subject to the established facts and applicable law.
Freedom of Information (Scotland) Act 2002 ss 1(3),9,10,22,73; SSI 2016/346 reg2Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Freedom of Information (Scotland) Act 2002 ss 1(3),9,10,22,73; SSI 2016/346 reg2 | Check the identified procedure, event, counting rule or qualification |
| Time for Compliance Regulations 2016, regulation 2 | Check the identified procedure, event, counting rule or qualification |