http://www.legislation.gov.uk/asp/2002/13/section/47/2016-12-01Freedom of Information (Scotland) Act 2002An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.texttext/xmlenStatute Law Database2026-04-14Expert Participation2016-12-01 Part 4 Enforcement Application for decision by Commissioner471A person who is dissatisfied with—aa notice given under section 21(5) or (9); orbthe failure of a Scottish public authority to which a requirement for review was made to give such a notice,may make application to the Commissioner for a decision whether, in any respect specified in that application, the request for information to which the requirement relates has been dealt with in accordance with Part 1 of this Act.2An application under subsection (1) must—abe in writing or in another form which, by reason of its having some permanency, is capable of being used for subsequent reference (as, for example, a recording made on audio or video tape);bstate the name of the applicant and an address for correspondence; andcspecify—ithe request for information to which the requirement for review relates;iithe matter which was specified under sub-paragraph (ii) of section 20(3)(c); andiiithe matter which gives rise to the dissatisfaction mentioned in subsection (1).3For the purposes of paragraph (a) of subsection (2) (and without prejudice to the generality of that paragraph), an application under that subsection is treated as made in writing where the text of the application is as mentioned in paragraphs (a) to (c) of section 8(2).4Subject to subsection (5), an application to the Commissioner under subsection (1) must be made—awhere the application concerns a matter mentioned in paragraph (a) of subsection (1), before the expiry of six months after the date of receipt by the applicant of the notice complained of; orbwhere the application concerns a matter mentioned in paragraph (b) of that subsection, before the expiry of six months after the period allowed in section 21(1) for complying with a requirement for review has elapsed.5The Commissioner may consider an application under subsection (1) made after the expiry of the time allowed by subsection (4) for the making of that application if, in the opinion of the Commissioner, it is appropriate to do so.6The Scottish Ministers may by regulations provide—athat a paragraph of subsection (4) is to have effect as if the reference in that paragraph to six months were a reference to such other period of months (being a period of not less than six months) as is specified in (or determined in accordance with) the regulations; andbthat subsection (5) is to have effect accordingly.7Regulations under subsection (6) may—aprescribe different periods of months in relation to different cases; andbconfer a discretion on the Commissioner.8This section is subject to section 48.S. 47 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(a), Sch.Pt. 4 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg. 17(1)(2) (with reg. 3)