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Step 4: Carrying out a review

  • The review must be carried out within 20 working days of receipt of request for review.

 

 

  • FOISA does not say how the review should be carried out, but the Section 60 Code says that procedures must be appropriate and accessible, fair and impartial and should allow for different decisions to be taken if appropriate (para. 65). It should generally be carried out by staff not involved in the original decision (para. 66).
   
  • The applicant must also be advised of the outcome of the review within 20 working days of receipt of request for review (see appendix F).
   
  • The notice to the applicant must contain details of the right of application to the Commissioner and the right to appeal to the Court of Session (s21(10)).
   

step 5 >

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