Regulation 3 Amendment of the Visitor Levy (Scotland) Act 2024

(1)

Section 14 of the 2024 Act (required content of scheme) is amended in accordance with paragraphs (2) to (4).

(2)

In subsection (1)(i)—

(a)

in the opening words—

(i)

for the words “in receipt of” substitute “entitled to”,

(ii)

the words “for a disability” are repealed,

(b)

in sub-paragraph (ii), the words “specifically for working age people given” are repealed,

(c)

sub-paragraph (iv), and the “or” immediately following it, are repealed,

(d)

after sub-paragraph (v), insert—

“(vi)

by way of war disablement pension, meaning—

(A)

any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under the Air Force (Constitution) Act 1917^f1, the Personal Injuries (Emergency Provisions) Act 1939^f2, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939^f3, the Polish Resettlement Act 1947^f4, or Part 7 or section 151 of the Reserve Forces Act 1980^f5, or

(B)

without prejudice to the generality of sub-sub-paragraph (A), any retired pay or pension to which any of paragraphs (a) to (f) of section 641(1) of the Income Tax (Earnings and Pensions) Act 2003^f6 applies,

(vii)

by way of war pensioners’ mobility supplement within the meaning of—

(A)

the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983^f7 (“1983 Order”),

(B)

the Personal Injuries (Civilians) Scheme 1983^f8,

(C)

the 1983 Order by virtue of the War Pensions (Naval Auxiliary Personnel) Scheme 1964^f9,

(D)

the Pensions (Polish Forces) Scheme 1964^f10,

(E)

the War Pensions (Mercantile Marine) Scheme 1964^f11, or

(F)

an Order of His Majesty in relation to the Home Guard dated 21 or 22 December 1964, or in relation to the Ulster Defence Regiment dated 4 January 1971,

(viii)

referred to in section 30A of the Social Security Contributions and Benefits Act 1992^f12 (incapacity benefit),

(ix)

under Part 5 and section 103 of the Social Security Contributions and Benefits Act 1992 (industrial injuries disablement benefit),

(x)

referred to in sections 68 and 69 of the Social Security Contributions and Benefits Act 1992^f13 (severe disablement allowance),

(xi)

under Part 1 of the Welfare Reform Act 2007^f14 (employment and support allowance),

(xii)

paid in accordance with article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011^f15 (armed forces independence payment), or

(xiii)

awarded by virtue of section 12(2)(b) of the Welfare Reform Act 2012^f16,”.

(3)

After subsection (1)(i) insert—

“(ia)

that the levy (or a sum equivalent to the levy) is not payable or is to be reimbursed in a case where the visitor or any other person utilising the right to reside in the overnight accommodation is a person—

(i)

to whom any of the following apply—

(A)

Title III of Part 2 of the EU withdrawal agreement,

(B)

Part 3 or Article 23(4) of the Swiss citizens’ rights agreement within the meaning of section 39(1) of the European Union (Withdrawal Agreement) Act 2020^f17 (“the 2020 Act”),

(C)

Title III of the EEA EFTA separation agreement (within the meaning of section 39(1) of the 2020 Act),

(D)

the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974^f18, or

(E)

the agreement constituted by the exchange of letters set out in the schedule of the Social Security (Gibraltar) Order 2024^f19,

(ii)

to whom any of the following apply by virtue of one of the agreements referred to in sub-paragraph (i)—

(A)

Council Regulation (EC) No 1408/71 of 14 June 1971^f20 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community,

(B)

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004^f21 on the coordination of social security systems, or

(C)

in relation to an individual to whom the agreement constituted by the exchange of letters set out in the schedule of the Family Allowances, National Insurance and Industrial Injuries (Gibraltar) Order 1974^f22, or the Social Security (Gibraltar) Order 2024^f23 applies, a Regulation mentioned in sub-sub-paragraph (A) or (B) as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018^f24,

(iii)

who is resident in the United Kingdom, and

(iv)

who is entitled by virtue of an agreement referred to in sub-paragraph (i) to a benefit, payment or allowance equivalent to those listed in paragraph (i), under the legislation of—

(A)

Switzerland,

(B)

an EEA state, or

(C)

Gibraltar,

(ib)

that the levy (or a sum equivalent to the levy) is not payable or is to be reimbursed in a case where the visitor or any other person utilising the right to reside in the overnight accommodation is a person—

(i)

to whom the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland signed at Dublin on 1 February 2019^f25, as modified from time to time in accordance with any provision of it, applies,

(ii)

who is resident in the United Kingdom, and

(iii)

who is entitled by virtue of the agreement referred to in sub-paragraph (i) to a benefit, payment or allowance equivalent to those listed in paragraph (i) under the legislation of Ireland,

(ic)

that the levy (or a sum equivalent to the levy) is not payable or is to be reimbursed in a case where the visitor or any other person utilising the right to reside in the overnight accommodation is a person who is—

(i)

resident in the United Kingdom, and

(ii)

entitled to a benefit, payment or allowance equivalent to those listed in paragraph (i) under the legislation of Northern Ireland,”.

(4)

In subsection (1)(j)—

(a)

for the words “paragraph (i)” substitute “paragraphs (i) to (ic)”,

(b)

for the words “in receipt of” substitute “entitled to”.

Annotations

Footnotes

f1: 1917 c. 51.
f2: 1939 c. 82.
f3: 1939 c. 83.
f4: 1947 c. 19.
f5: 1980 c. 19.
f6: 2003 c. 1. Section 641(1) was amended by section 19 of the Finance Act 2005 (c. 2) and schedule 1 of the Statute Law (Repeals) Act 2008 (c. 12).
f7: S.I. 1983/883.
f8: S.I. 1983/686.
f9: S.I. 1964/1985.
f10: S.I. 1964/2007.
f11: S.I. 1964/2058.
f12: 1992 c. 4.
f13: 1992 c. 4. Sections 68 and 69 were repealed by part 4 of schedule 13 of the Welfare Reform and Pensions Act 1999 (c. 30).
f14: 2007 c. 5. Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18) and relevantly amended by section 64 of the Welfare Reform and Pensions Act 1999 (c. 30) and paragraph 14 of schedule 24 of the Civil Partnership Act 2004 (c. 33).
f15: S.I. 2011/517. Article 24A was inserted by S.I. 2013/436 and relevantly amended by S.I. 2017/247 and S.I. 2025/307.
f16: 2012 c. 5.
f17: 2020 c. 1.
f18: S.I. 1974/555.
f19: S.I. 2024/149.
f20: OJ No. L 28, 30.1.1997, p.1.
f21: OJ No. L 166, 30.4.2004, p.1.
f22: S.I. 1974/555.
f23: S.I. 2024/149.
f24: 2018 c. 16. Section 3 was amended by section 25(2) of the European Union (Withdrawal Agreement) Act 2020 (c. 1).
f25: 2019 CP 49.