Visitor Levy (Scotland) Act 2024
2024 asp 8 · Enacted 5 July 2024 · Extends to Scotland
An Act of the Scottish Parliament to give local authorities the power to impose a levy in respect of persons staying in certain types of accommodation overnight.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th May 2024 and received Royal Assent on 5th July 2024
Contents
- Part 1: Visitor levy
- 1Power for local authorities to impose levy
- 2Overview
- Part 2: Key concepts
- Basis and calculation of levy
- 3Levy to be charged on purchase of overnight accommodation
- 4Meaning of overnight accommodation
- 4ABasis on which levy is to be charged
- 5Calculation of levy based on a percentage rate
- 6Setting percentage rate for levy
- 6ASetting fixed amount of levy
- 7Maximum number of nights of overnight accommodation
- 8Person liable to pay levy
- 9Third party arrangements
- 10Billing of overnight accommodation
- Exemptions and rebates
- 11Exemptions and rebates
- Part 3: Introduction and administration of the levy
- Process
- 12Scheme to impose levy
- 12APermitted deduction by liable persons from levy payable
- 12BRegulations: further provision about deductions by liable persons from levy payable
- 13Prior consultation on scheme
- 14Required content of a scheme
- 15Publicity for introduction of scheme
- 16Visitor levy forum
- 17Transitional provision
- Finances
- 18Duty to keep separate account for scheme
- 19Use of net proceeds of scheme
- Performance
- 20Annual reporting on scheme
- 21Review of scheme
- 22Scottish Ministers’ power to regulate process
- 23Guidance on visitor levy scheme
- Part 4: Returns and payment
- Chapter 1: Delegation of functions
- 24Delegation of collection and enforcement functions
- Chapter 2: Returns
- 25Interpretation
- 26Duty to make returns
- 27Form and content of return
- 28Duty to keep and preserve records
- 28AAmendment of returns: regulations
- Chapter 3: Payment
- 29Payment of levy
- 29ADisallowance of deduction by liable persons from levy payable
- Part 5: Enforcement of the levy and penalties
- Chapter 1: Investigatory powers
- Information notices
- 30Power to obtain information and documents from the liable person
- 31Power to obtain information and documents from third parties
- 32Complying with information notices
- 33Producing copies of documents
- 34Further provision about powers relating to information notices
- 35Information notices: general restrictions
- 36Types of information
- 37Protection for privileged communications between legal advisers and clients
- Inspection powers
- 38Power to inspect business premises
- 39Power to inspect business premises of third parties
- 40Carrying out inspections under section 38 and 39
- 41Carrying out inspections under section 38 or 39: further provision
- 42Power to copy and remove documents
- 43Restriction on inspection of documents
- 44Electronic records
- Chapter 2: Assessments where no return or incorrect return
- 45Power to allow a local authority to make or substitute an assessment
- Chapter 3: Penalties
- Power to impose penalties
- 46Power of local authorities to impose penalties
- Penalty for failure to make returns
- 47Penalty for failure to make returns
- 48Three month penalty for failure to make return
- 49Six month penalty for failure to make return
- 50Twelve month penalty for failure to make return
- 51Reasonable excuse for failure to make return
- Penalty for failure to pay levy
- 52Penalty for failure to pay levy
- 53Reasonable excuse for failure to pay levy
- Penalty for failure to keep and preserve records
- 54Penalty for failure to keep and preserve records
- 55Reasonable excuse for failure to keep and preserve records
- Penalties for failure to comply or obstruction
- 56Penalties for failure to comply or obstruction
- 57Daily default penalties for failure to comply or obstruction
- 58Reasonable excuse for failure to comply or obstruction
- Penalties for inaccurate information or documents
- 59Penalties for inaccurate information or documents
- Concealing, destroying etc. documents
- 60Concealing, destroying etc. documents following information notice
- 61Concealing, destroying etc. documents following information notification
- Assessment and enforcement of penalties
- 62Assessment of penalties
- 63Enforcement of penalties
- 64Failure to comply with time limit
- 65Power of local authorities to reduce, suspend or waive penalties
- Interest
- 66Interest on unpaid levy
- 67Interest on penalties
- 68Rate of interest
- Power to change penalty provisions
- 69Power to change penalty provisions
- Chapter 4: Recovery of unpaid amounts
- 70Summary warrant
- Chapter 5: Reviews and appeals
- 71Reviews
- 72Appeals
- Part 6: Registers of Liable Persons and Information Sharing
- 73Registers of liable persons
- 74Power to share information
- Part 7: Final provisions
- 75Report on operation of Act
- 75APower to make further provision about the operation of Parts 2 and 3
- 76Interpretation of Act
- 77Regulation-making powers
- 78Ancillary provision
- 79Commencement
- 80Short title