Scottish Register of Tartans Act 2008

Amendment of Register

10 Amendment of Register by request

(1) Any person (a “requester”) may request the Keeper to amend an entry in the Register.

(2) The requester must—

(a) set out in writing the reasons for the amendment, and

(b) submit such further information or documents as the Keeper considers necessary or expedient.

(3) Where the requester has the right to authorise the Keeper to amend the entry, the requester must—

(a) so authorise the Keeper,

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

(c) where—

(i) the amendment relates to a person’s name or address in relation to which certification was given under section 6(3)(c), and

(ii) that person has given the requester written consent to the amendment,

certify that such consent has been given.

(4) Where the requester does not have the right to authorise the Keeper to amend the entry, the requester must certify that—

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

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

(5) The requester 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 amendment.

(6) A request under subsection (1) must be accompanied by the appropriate fee.

(7) Where the requester represents a group of persons which is not a body corporate, the requester may include in the request—

(a) any capacity in which the requester is acting,

(b) any name and address of the group.

(8) The Keeper must refuse a request if, in the view of the Keeper—

(a) any of the requirements in subsections (2) to (6) has not been met,

(b) the request gives rise to a question which it would be appropriate for the person making the request to have resolved or clarified elsewhere (such as by a court).

(9) In any other case, the Keeper must accept a request if, having taken into account the reasons mentioned in subsection (2)(a) and all the other circumstances of the case, the Keeper considers it is appropriate to do so.

(10) Where the request is accepted, the Keeper must determine how the entry is to be amended and amend it accordingly.

(11) The Keeper must notify the requester of the decision to accept or refuse the request.

(12) Such notification must be in writing and include—

(a) in the case of a refusal, the Keeper’s reasons for the refusal,

(b) in the case of an acceptance, notification of the amendment (by providing a copy of the amended entry or otherwise).

(13) In respect of any matter relating to a request, the Keeper may, in deciding whether to accept or refuse the request, consult such persons as the Keeper considers appropriate.

(14) Where the amendment requested is one which could be made by the Keeper under section 12(1), subsections (2) to (13) of this section do not apply.

11 Amendment of Register: request other than by applicant

(1) This section applies where—

(a) a request under section 10(1) relates to an entry made pursuant to an application by a person (the “original applicant”),

(b) the request is made by a person (the “third party”) other than the original applicant, and

(c) the request is in respect of an amendment other than one which could be made by the Keeper under section 12(1).

(2) The Keeper must where practicable send a copy of the request to the original applicant and invite the original applicant to submit written comments.

(3) The Keeper must send a copy of any comments received from the original applicant to the third party and invite the third party to submit written comments.

(4) Any comments under subsections (2) and (3) must be submitted, in each case, within such period (not being less than 28 days) as the Keeper may specify.

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

(6) The Keeper must where practicable notify the original applicant of the decision to accept or refuse the request.

(7) Subsection (12) of section 10 applies to a notification under subsection (6) as it applies to a notification under subsection (11) of that section.

12 Amendment of Register: corrections

(1) The Keeper may, at any time, amend an entry in the Register to correct any typographical, clerical or other administrative error.

(2) Where an amendment under subsection (1) is made, the Keeper may notify such persons as the Keeper considers appropriate as to the amendment.

(3) Where such an amendment relates to a tartan in respect of which a certificate of registration has been issued, the Keeper may issue an amended certificate of registration.

13 Certificates of registration following amendment

(1) Subsection (2) applies where—

(a) an entry in the Register is amended by virtue of a request under section 10(1), and

(b) the entry was made pursuant to an application.

(2) The Keeper may, in appropriate cases and at the request of the applicant, send the applicant an amended certificate of registration.

(3) The applicant must pay the appropriate fee for such a certificate.

(4) Subsection (3) does not apply where the amendment is one which could have been made by the Keeper under section 12.