Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025

Changing the register

9 Duty to notify WRA of changes and inaccuracies

(1) A VAP must give WRA notice of any—

(a) change of circumstances that causes the VAP’s entry in the register to become inaccurate, or

(b) inaccuracy in the VAP’s entry in the register,

before the end of the period of 30 days beginning with the day the change of circumstances occurs or the VAP first knew, or ought to have known, of the inaccuracy.

(2) Notice under subsection (1) must—

(a) be in such form, and given in such manner, as WRA may specify,

(b) contain the information necessary to enable WRA to correct the register, and

(c) contain such other information, and be accompanied by such documents, as WRA may specify.

(3) WRA must, if the notice complies with subsection (2)—

(a) correct the register, and

(b) issue a notice to the VAP, specifying the corrections made to the VAP’s entry,

unless WRA has already made the corrections under section 11.

(4) If WRA decides not to make a change to the register after being given notice by a VAP under subsection (1), WRA must issue a notice to that VAP—

(a) specifying the reason why, and

(b) setting out information about rights of review and appeal.

10 Penalties for failure to notify WRA of changes and inaccuracies

(1) A VAP that fails to comply with section 9(1) is liable to a penalty of £100.

(2) A penalty notice issued to a VAP in respect of a penalty to which the VAP is liable under subsection (1) must specify the information WRA considers to be inaccurate.

(3) If the VAP fails to give WRA the notice required by section 9(1)(a) or (b) in respect of the information specified in the penalty notice by the end of the period of 30 days beginning with the day the penalty notice is issued (“the initial penalty period”), the VAP—

(a) is liable to a penalty of £10 for each day after the end of that period, up to and including the 30th day, on which the failure continues, and

(b) is liable to a penalty of £1000 for the 31st day on which the failure continues.

(4) In calculating the initial penalty period, no account is to be taken of any day on which a decision relating to the penalty under subsection (1) is the subject of—

(a) a review for which a notice of the conclusions has not yet been issued, or

(b) an appeal that has not yet been finally determined or withdrawn.

(5) This section does not apply in relation to a person where the nature of the information that WRA considers to be inaccurate means that the person is liable to a penalty under—

(a) section 7 (penalties for failing to register in respect of premises), or

(b) section 15 (penalties where a person fails to apply for removal from the register).

(6) A person that—

(a) ceases to be a VAP, but

(b) became liable to a penalty under this section while the person was a VAP,

remains liable to the penalty.

11 Power to change the register where no notice has been given to WRA

(1) WRA may change a VAP’s entry in the register where no notice has been given by the VAP under section 9 if WRA considers that the entry is inaccurate.

(2) Before WRA may change a VAP’s entry under subsection (1), WRA must issue a notice to that VAP—

(a) specifying the information WRA considers inaccurate,

(b) setting out whether WRA intends to—

(i) omit that information, or

(ii) make other changes to the entry, in which case WRA must specify the changes it intends to make,

(c) informing the VAP that WRA will change the register on the date specified in the notice unless—

(i) before that date, the VAP gives the notice required under section 9(1)(a) or (b), or

(ii) WRA is satisfied that the register does not need to be changed, and

(d) setting out information about rights of review and appeal.

(3) The date specified in the notice under subsection (2)(c) must be at least 30 days after the day the notice is issued.

(4) Where a VAP’s entry is changed under this section, the VAP remains liable to penalties under section 10; but the VAP is to be treated for the purposes of that section as having given the notice required by section 9(1)(a) or (b) from the time the VAP gives notice to WRA—

(a) if the entry is inaccurate, providing the information necessary to make the VAP’s entry accurate, or

(b) confirming that the entry is accurate.