FOI & EIR deadlines
How the 20-working-day rule works under FOIA 2000, EIR 2004 and the separate Scottish public-information regimes.
FOIA 2000: standard deadline
Most public authorities covered by FOIA must respond promptly and no later than 20 working days after receipt. The first working day after receipt is counted as day one.
A day is not a working day if it is Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the UK. A Northern Ireland-only bank holiday therefore also does not count for a FOIA request to an English authority.
FOISA 2002: Scottish public authorities
Scottish public authorities are generally covered by FOISA, not FOIA. The ordinary deadline is also 20 working days, but FOISA defines working days by reference to bank holidays in Scotland. Some limited statutory special cases exist, so the calculator presents the ordinary rule rather than claiming to cover every authority type.
Clarification resets the public-information clock
Where the authority reasonably needs further information to identify and locate what is requested, the response period does not simply keep running. Once sufficient clarification is supplied, a fresh 20-working-day period applies to the clarified request. This is the practical rule under FOIA, FOISA, EIR 2004 and the Scottish EIRs when the statutory clarification conditions are met.
FOIA public-interest extension
FOIA can extend the time needed to decide the public-interest balance for a qualified exemption. The extension is for a reasonable time; it is not an automatic fixed 20 working days. ICO guidance normally expects no more than a further 20 working days, making 40 working days the usual maximum, but exceptional cases can differ.
FOISA does not have the equivalent FOIA public-interest timing extension.
EIR 2004 and Scottish EIRs
The ordinary EIR response period is 20 working days. Both the Environmental Information Regulations 2004 and the Environmental Information (Scotland) Regulations 2004 allow an extension by up to a further 20 working days where the volume and complexity of the information make compliance within 20 working days impracticable. The requester should be notified within the initial period.
EIR 2004 uses the FOIA “any UK nation” bank-holiday definition. The Scottish EIRs use the Scottish working-day framework.
Special cases
Some authorities and records have special timing rules. For example, maintained schools can have a different FOIA calculation linked to school days. Scottish legislation also contains limited special provisions. If your request falls into a specialist regime, use the calculator as a prompt and verify the statutory provision directly.
When the authority is late
Under FOIA/EIR 2004, follow up and use the authority's internal-review or reconsideration route before complaining to the ICO. Under FOISA/Scottish EIRs, ask the Scottish authority to carry out a review and, if necessary, appeal to the Scottish Information Commissioner.
Official sources
- ICO – FOIA time limits
- ICO – EIR time limits
- FOISA 2002 – section 10
- Environmental Information (Scotland) Regulations 2004
Reviewed September 2026. Guidance checked against current ICO / Scottish Information Commissioner material and legislation. General information only; verify critical deadlines against the applicable law.