Freedom of Information (Scotland) Act 2002 (asp 13)

Part 1 S Access to information held by Scottish public authorities

Responses to request S

17 Notice that information is not held S

(1) Where—

(a) a Scottish public authority receives a request which would require it either—

(i) to comply with section 1(1); or

(ii) to determine any question arising by virtue of paragraph (a) or (b) of section 2(1),

if it held the information to which the request relates; but

(b) the authority does not hold that information,

it must, within the time allowed by or by virtue of section 10 for complying with the request, give the applicant notice in writing that it does not hold it.

(2) Subsection (1) is subject to section 19.

(3) Subsection (1) does not apply if, by virtue of section 18, the authority instead gives the applicant a refusal notice.