Scottish FOI and EIR response (FOISA 2002, EIRS 2004)

How a Scottish public authority handles an information request under FOISA 2002 or, for environmental information, the EIRS 2004: 20 working days with no public interest extension, Scottish bank holidays, substantial prejudice tests, review and the Scottish Information Commissioner.

Applies to: Scottish public authorities. UK-wide authorities operating in Scotland use FOIA 2000 and the EIR 2004 instead.
Instruments: FOISA 2002, EIRS 2004
Steps: 8 steps, with a deadline calculator, including a step that carries a criminal offence.

Deadline calculator

Scottish FOI request (FOISA 2002)

20 working days from receipt. Working days exclude weekends, Christmas Day and Scottish bank holidays.

Date the request was received

Enter a date to calculate.

Basis: FOISA 2002 ss.10 and 73. Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.

Scottish FOI review (FOISA 2002)

The authority responds to a requirement for review within 20 working days of receiving it.

Date the requirement for review was received

Enter a date to calculate.

Basis: FOISA 2002 s.21. Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.

Scottish EIR review (EIRS 2004)

Respond to a request for review within 20 working days of receiving it. The applicant has 40 working days to ask for one.

Date the request for review was received

Enter a date to calculate.

Basis: EIRS 2004 reg 16. Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.

Mechanics

Item	Position
Deadline	20 working days, excluding Scottish bank holidays (ss.10 and 73)
Public interest extension	None: the test must be done within the 20 days
Review	Requester asks within 40 working days; authority responds within 20 (ss.20 and 21)
Regulator	Scottish Information Commissioner, application within six months (s.47)
Appeal	Court of Session, on a point of law (s.56)

Steps

Confirm jurisdiction and regime

Confirm you are a Scottish public authority. Route environmental information to the EIRS and the requester's own personal data to subject access.

See FOISA 2002
Set the deadline

Comply promptly and by the 20th working day after receipt, counting Scottish bank holidays only. There is no extension for the public interest test.

See FOISA 2002
Advise and assist

Give reasonable advice and assistance (s.15). For EIRS requests, any form of request is valid.

See FOISA 2002
Consider cost and vexatious grounds

Refuse on cost only where the cost exceeds the prescribed amount (s.12), and on vexatious or repeated grounds only with evidence (s.14).

See FOISA 2002
Apply exemptions by their tests

Several FOISA exemptions need substantial prejudice, a higher bar than FOIA. Apply the public interest test to non-absolute exemptions within the 20 days. For EIRS, every exception is subject to the public interest test and the presumption in favour of disclosure.

See FOISA 2002
Respond or refuse

Disclose, or give a refusal notice with the exemption, the reasons and the review and appeal rights (s.16), or a notice that the information is not held (s.17).

See FOISA 2002

Criminal offence Altering or destroying a record to prevent its disclosure after a request is an offence under FOISA s.65 and, for environmental information, EIRS reg 19.
Carry out a review if required

The requester may require a review within 40 working days. Respond within 20 working days (ss.20 and 21; EIRS reg 16).

See FOISA 2002
Tell the requester about escalation

After review, they can apply to the Scottish Information Commissioner within six months (s.47), with appeal to the Court of Session on a point of law (s.56).

See FOISA 2002

Checklists and tools for this procedure

Which access regime applies?

Decision tool

Route an information request to the right law and regulator: subject access, FOIA, EIR, FOISA or the Scottish EIR.