Visitor Levy (Scotland) Act 2024

Assessment and enforcement of penalties

62 Assessment of penalties

(1) Subsection (2) applies where—

(a) a person becomes liable for a penalty under this Chapter, and

(b) the relevant local authority decides to impose a penalty in respect of that liability.

(2) The relevant local authority must—

(a) assess the penalty, and

(b) notify the person.

(3) An assessment of a penalty under this Chapter must be made within the period of 12 months beginning with the date on which the person became liable to the penalty, subject to subsections (4) and (5).

(4) In a case involving an information notice against which a person may appeal, an assessment of a penalty under section 56 or 57 must be made within the period of 12 months beginning with the latest of the following—

(a) the date on which the person became liable to the penalty,

(b) the end of the period in which notice of an appeal against the information notice could have been given, and

(c) if notice of such an appeal is given, the date on which the appeal is determined or withdrawn.

(5) An assessment of a penalty under section 59 must be made—

(a) within the period of 12 months beginning with the date on which the inaccuracy first came to the attention of an authorised officer, and

(b) within the period of 6 years beginning with the date on which the person became liable to the penalty.

63 Enforcement of penalties

A penalty under this Chapter must be paid before the end of the period of 30 days beginning with the date on which the notification under section 62 was issued.

64 Failure to comply with time limit

A failure by a person to do anything required to be done within a limited period of time, does not give rise to liability to a penalty under section 56 or 57 if the person did it within such further time (if any) as an authorised officer may have allowed.

65 Power of local authorities to reduce, suspend or waive penalties

(1) A relevant local authority may reduce a penalty under this Chapter if it considers it appropriate to do so because of special circumstances.

(2) In subsection (1), “special circumstances” does not include ability to pay.

(3) In subsection (1), the reference to reducing a penalty includes a reference to—

(a) waiving a penalty entirely,

(b) suspending a penalty, and

(c) agreeing a compromise in relation to proceedings for a penalty.

(4) In this section, references to a penalty include references to any interest in relation to the penalty.