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This is the original version (as it was originally enacted).

7Penalties for failing to register

This section has no associated Explanatory Notes

(1)A‍ VAP is liable to a penalty if‍ the VAP—

(a)provides, or offers to provide, visitor accommodation, and

(b)is not registered in respect of the premises at which the visitor accommodation is provided or offered.

(2)The penalty is to be calculated in accordance with the formula—

£100 × A

where “A” is the number of premises at which the‍ VAP provides, or offers to provide, visitor accommodation, and in respect of which the‍ VAP is not registered.

(3)A penalty notice issued to a‍ VAP in respect of a penalty to which the‍ VAP is liable under subsection (1) must specify the premises in question.

(4)If, after the end of the period of 30 days beginning with the day the penalty notice is issued (“the initial penalty period”), the‍ VAP continues to act as described in subsection (1) in respect of any of the premises specified in the penalty notice—

(a)the‍ VAP is liable to a penalty for each day after the end of the initial penalty period, up to and including the 30th day, on which the‍ VAP does so (see subsection (5)(a)(i)), and

(b)the‍ VAP is liable to a penalty for the 31st day after the end of the initial penalty period on which the‍ VAP does so (see subsection (5)(a)(ii)).

(5)A penalty under subsection (4) is to be calculated in accordance with the formula—

£X × P

where—

(a)

“£X” is—

(i)

in relation to a penalty under subsection (4)(a), £10, and

(ii)

in relation to a penalty under subsection (4)(b), £1000, and

(b)

“P” is the number of premises specified in the penalty notice—

(i)

at which the‍ VAP provides, or offers to provide, visitor accommodation on the day to which the penalty relates, and

(ii)

in respect of which the‍ VAP is not registered on the day to which the penalty relates.

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(b)an appeal that has not yet been finally determined or withdrawn.

(7)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.

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