Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026

49 Power to make provision about death, incapacity and insolvency

(1) The Welsh Ministers may by regulations add to, repeal or revoke or otherwise amend any provision made by or under this Act in relation to cases where a VAP dies, becomes incapacitated or becomes subject to an insolvency procedure, or otherwise ceases to exist.

(2) Regulations under subsection (1) may (among other things) make provision—

(a) about the circumstances in which a VAP becomes, or ceases to be, incapacitated or subject to an insolvency procedure, or otherwise ceases to exist;

(b) prescribing circumstances in which continuity in the provision of regulated visitor accommodation (see Chapter 2 of Part 3) may be permitted on an interim or temporary basis where a VAP has died, become incapacitated or become subject to an insolvency procedure, or has otherwise ceased to exist (including circumstances in which the offences under sections 32 and 44 do not apply);

(c) permitting the transfer of a visitor accommodation licence, including (among other things) provision—

(i) prescribing circumstances in which the transfer of a visitor accommodation licence is or is not permitted;

(ii) prescribing requirements that must be complied with before a licence may be transferred;

(iii) prescribing circumstances in which the transfer of a licence requires the approval of the Welsh Ministers;

(iv) about the making and determination of applications for approval;

(v) for and in relation to the charging of fees in connection with the transfer of a licence;

(d) that applies subject to conditions;

(e) that applies whether or not anyone else carries on the business of the VAP after the VAP dies, becomes incapacitated or becomes subject to an insolvency procedure, or otherwise ceases to exist;

(f) for—

(i) an offence under‍ or by virtue of Parts 3 to 5 of this Act not to apply;

(ii) summary offences punishable with a fine in respect of failures to comply with the regulations;

(iii) appeals.