Scottish Register of Tartans Act 2008

Applications to register tartansS

6The applicationS

(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.

7Determination of applicationS

(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.

8Refused applications: reconsiderationS

(1)Where an application is refused under any of sub-paragraphs (ii) to (v) of paragraph (a) of subsection (2) of section 7, or paragraph (b) of that subsection, the applicant may request the Keeper to reconsider the application.

(2)Any such request must—

(a)be made within 2 months of the date on which the applicant is notified of the refusal,

(b)state why the request is being made, and

(c)be accompanied by the appropriate fee.

(3)Where the requirements in subsection (2) are met, the Keeper must reconsider the application.

(4)Where an application is accepted following reconsideration under this section, the Keeper must reimburse the applicant in respect of the fee paid under subsection (2)(c).

(5)Section 7 applies to an application being reconsidered under this section as it applies to an application being considered under that section.

9Registration and request for a woven sampleS

(1)Where an application is accepted, the Keeper must make an entry in the Register in respect of the tartan to which the application relates.

(2)An entry is to contain such particulars as the Keeper thinks fit (including any information contained in the application to which the entry relates).

(3)Following the making of an entry, the Keeper must send the applicant, in paper form, a certificate of registration.

(4)The certificate is to contain such information as the Keeper may from time to time specify; and such specification may make different provision for different purposes.

(5)On payment of the appropriate fee by the applicant, the Keeper may send the applicant a copy of the certificate of registration.

(6)Where an application did not include a woven textile sample as mentioned in section 6(9), the Keeper may, when sending a certificate of registration to an applicant or at any later time, request the applicant to submit such a sample.