Explanatory note

This Order is made in consequence of the Scottish Register of Tartans Act 2008 (“the 2008 Act”). The 2008 Act establishes a Register of Tartans to be held electronically by the Keeper of the Register, an office also established by the 2008 Act.

This Order makes it clear that certain acts carried out in relation to the Register of Tartans by virtue of the 2008 Act are covered by the exceptions to copyright in sections 47 and 50(1) of the Copyright Designs and Patents Act 1988. The Order does this by deeming the term “enactment” in section 47(6) and the term “Act of Parliament” in section 50(1) to include the 2008 Act.

Article 2 of the Order does not affect any defence of statutory authority that may be available at common law in relation to things done under the 2008 Act.