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Timeliness in Dealing with Requests for Information
35. Scottish public authorities are required to comply with all requests for information as soon as possible. They should not wait until the end of the 20 working day period under regulation 5(2)(a) if the information asked for could reasonably be provided earlier.
36. Scottish public authorities should aim to make all decisions as soon as possible and in any case within 20 working days. However, there may be some instances where, because of the complexity and volume of the information requested, it will not be possible to deal with an application within 20 working days. In such cases a Scottish public authority is expected to inform the applicant of this as soon as possible and within 20 working days, explaining the expected timescale for responding and the circumstances, capable of being justified to the Scottish Information Commissioner, that make the request so large and complex. Authorities must in any case comply with or refuse the request within 40 working days. Scottish public authorities may find it helpful to formulate a policy about how to apply the provision on making a time extension.
37. Where the Keeper of Records of Scotland sends a Scottish public authority a copy of a request for information contained in a record which he holds, the authority must inform the Keeper of its decision within such time as will make it practicable for him to respond to the applicant.
38. It is for the body receiving a request to meet the timetable. Monitoring the timeliness of responses is easiest where requests for information are in writing or other recorded form. Where requests for environmental information are made other than in writing, for example by telephone or in person, Scottish public authorities will need to put in place a system for recording these types of requests. For example, this may involve making a written note of the request and asking the applicant to confirm its accuracy, but avoiding unduly bureaucratic procedures. Where confirmation is sought, the period for response should still be 20 working days after the date of receipt of the verbal request.
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