Scottish Register of Tartans Act 2008

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.