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Scottish Register of Tartans Act 2008

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6The applicationS

This sectionnoteType=Explanatory Notes has no associated

(1)Any person may apply to the Keeper for registration of a tartan.

(2)An application must be in writing and be signed by the applicant.

(3)Where the applicant has the right to authorise the Keeper to register the tartan, the applicant must—

(a)so authorise the Keeper,

(b)certify that the applicant has such a right, and

(c)where another person who has such a right has given the applicant written consent to the inclusion of that person's name and address on the Register, certify that such consent has been given.

(4)Where the applicant does not have the right to authorise the Keeper to register the tartan, the applicant must certify that—

(a)the applicant does not have such a right, and

(b)so far as can reasonably be ascertained by the applicant, there appears to be no other person who has that right.

(5)The applicant must indemnify the Keeper in respect of any liability to meet any damages or expenses incurred as a result of, or in connection with, the registration.

(6)An application must be in such form as the Keeper may from time to time specify; and different forms may be specified for different purposes.

(7)The application must include—

(a)the name and address of the applicant,

(b)a coloured photograph or other coloured pictorial representation of the tartan,

(c)a description of the tartan including its colours, thread count and sett,

(d)the name of the tartan and the nature of the applicant's association with the name,

(e)where the applicant can certify as mentioned in subsection (3)(c), any name and address to which such certification relates, and

(f)such further information as the Keeper may specify.

(8)No application may be made to register a tartan with a name which is the same as the name of a tartan in respect of which an entry in the Register already exists.

(9)The application may include a woven textile sample of the tartan of such size and such form as the Keeper may specify.

(10)An application must be accompanied by the appropriate fee.

(11)Where an application is made by a person representing a group of persons which is not a body corporate, the person may—

(a)include in the application—

(i)any capacity in which the person is acting,

(ii)any name and address of the group, and

(b)request and authorise the Keeper to record any such name and address in the Register.

(12)In subsection (7)—

(a)in paragraph (b), the coloured photograph or other coloured pictorial representation—

(i)may, in either case, be in electronic form, and

(ii)must comply with such requirements as the Keeper may specify,

(b)in paragraph (d) “association”, in relation to the name of the tartan, includes relationship to, connection with or interest in the name.

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