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Harris Tweed Act 1993

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PART IVREMEDIES

9Injunctions and interdicts

(1)If the court is satisfied, on the application of—

(a)the Authority;

(b)a person involved in the Harris Tweed industry; or

(c)any person or body appearing to the court to be representative of the persons (or of any group of the persons) involved in the Harris Tweed industry,

that any person is engaging, has engaged, or is likely to engage, in any conduct within subsection (2) below, the court may grant an injunction restraining or, in Scotland, an interdict prohibiting such conduct, and may make such further orders as it considers appropriate.

(2)A person engages in conduct within this subsection by selling, exposing or offering for sale, or having in his possession for the purposes of sale—

(a)any material which is represented as Harris Tweed; or

(b)any garment or other article which is represented as made (wholly or partly) from material which is Harris Tweed,

if the material does not fall within the definition of Harris Tweed.

(3)The remedy made available by subsection (1) above in relation to conduct there mentioned is without prejudice to any other remedy which may be available, in the United Kingdom or any other part of the world, to any person by reason of such conduct.

(4)In this section “the court” means the Court of Session or a sheriff court in relation to Scotland and the High Court or a county court in relation to England and Wales.

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