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

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This is the original version (as it was originally enacted).

Removal of persons from the register

14Removal of a person from the register on application to WRA

(1)A person must apply to WRA for removal from the register before the 31st consecutive day on which that person has not provided or offered to provide visitor accommodation at any premises.

(2)An application under subsection (1) must—

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

(b)contain such information as WRA may specify.

(3)WRA must, if a person makes an application under this section that complies with subsection (2)—

(a)remove the person from the register, and

(b)issue a notice to the person confirming the date of removal from the register.

(4)If WRA decides not to remove from the register a person that has applied under subsection (1), WRA must issue a notice to that person—

(a)specifying the reason why, and

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

(5)For the purposes of this section and section 15, a person has not provided or offered to provide visitor accommodation at any premises if that person has not, in the course of trade or business, provided or offered to provide visitor accommodation at premises in Wales that the person occupies.

15Penalties where a person fails to apply for removal from the register

(1)A person that fails to comply with section 14(1) is liable to a penalty of £100.

(2)If the person—

(a)fails to apply to WRA for removal from the register by the end of the period of 30 days beginning with the day a penalty notice relating to the penalty under subsection (1) is issued (“the initial penalty period”), and

(b)during that period has not provided or offered to provide visitor accommodation at any premises,

that person is liable to a penalty, to be calculated under subsection (3).

(3)The penalty to which a person is liable under subsection (2) is—

(a)£10 for each day after the end of the initial penalty period, up to and including the 30th day, on which the failure continues and on which the person does not provide or offer to provide visitor accommodation at any premises, and

(b)£1000 for the 31st day on which the failure continues and on which the person does not provide or offer to provide visitor accommodation at any premises.

(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.

16Power to remove a person from the register when no application has been made

(1)WRA may remove a person from the register where that person has not made an application for removal if WRA considers that the person is required under section 14(1) to make such an application.

(2)Before WRA may remove a person from the register under subsection (1), WRA must issue a notice to that person—

(a)specifying the reasons why WRA considers that the person is required to make an application for removal,

(b)informing the person that WRA will remove the person from the register on the date specified in the notice unless—

(i)before that date, the person makes an application for removal that complies with section 14(2), or

(ii)WRA is satisfied that the person is not required to make an application for removal, and

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

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

(4)A person removed from the register under this section remains liable to penalties under section 15; but the person is to be treated for the purposes of that section as having made an application for removal from the time the person—

(a)gives notice to WRA setting out the date the person considers to be the date the person ceased to be a VAP, or

(b)makes an application to be registered.

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