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Scottish Register of Tartans Act 2008

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7Determination of application

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(1)The Keeper may request an applicant to submit such further information or documents as the Keeper considers necessary or expedient.

(2)The Keeper must refuse an application if—

(a)in the view of the Keeper—

(i)any of the requirements in section 6 has not been met,

(ii)the application relates to a design which is not a tartan,

(iii)the application relates to a tartan which is the same as, or too similar to, a tartan in respect of which an entry in the Register already exists,

(iv)the applicant’s association with the name of the tartan is insufficient or insubstantial,

(v)the name of the tartan is undesirable, or

(vi)the application gives rise to a question which it would be appropriate for the applicant to have resolved or clarified elsewhere (such as by a court), or

(b)the applicant has not provided any information or documents requested under subsection (1) within a reasonable period (or such longer period as the Keeper may specify).

(3)In any other case, the Keeper must accept an application.

(4)The Keeper must notify the applicant in writing as to whether the application has been accepted or refused.

(5)Where an application is refused, the Keeper—

(a)must provide the applicant with reasons for the refusal, and

(b)may provide the applicant with advice in relation to any further application.

(6)In reaching a view under subsection (2)(a), the Keeper may consult such persons as the Keeper considers appropriate.

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