PART 5 E+W MISCELLANEOUS AND GENERAL

Prospective

CHAPTER 1 E+W MISCELLANEOUS

Application of Act to special cases E+W

50 Power to make provision about transfers of businesses as going concerns etc. E+W

(1) The Welsh Ministers may by regulations make provision for securing continuity in the application of this Act where—

(a) a VAP’s business is transferred from the VAP to another person as a going concern;

(b) premises at which regulated visitor accommodation is provided are transferred.

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

(a) in relation to the transfer of a VAP’s business as a going concern or the transfer of premises at which regulated visitor accommodation is provided—

(i) requiring the Welsh Ministers to be notified of the transfer;

(ii) for any liability or duty of the transferor under or by virtue of this Act to become a liability or duty of the transferee;

(iii) for anything done before the transfer by or in relation to the transferor to be treated for the purposes of this Act as having been done by or in relation to the transferee;

(iv) about duties to keep and preserve records;

(v) prescribing circumstances in which continuity in the provision of regulated visitor accommodation may be permitted on an interim or temporary basis where a VAP’s business is transferred from the VAP to another person as a going concern or premises at which regulated visitor accommodation is provided are transferred (including circumstances in which the offences under sections 32 and 44 do not apply);

(b) 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.

(3) The regulations may make provision that applies subject to conditions, and may in particular—

(a) provide that the application to a transferor and transferee of any provision made under subsection‍ (2)(a) requires the approval of the Welsh Ministers;

(b) make provision about the making and determination of applications for approval.

(4) The regulations may make provision for—

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

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

(c) appeals.

(5) The regulations may amend or apply (with or without modifications) any relevant enactment.

Commencement Information

I1 S. 50 in force at 4.3.2030, see s. 61(2)(b)