37.Subsection (1) provides for a VAP to be liable to a penalty of £100 if a VAP fails to notify WRA of changes of circumstances or inaccuracies in the register in accordance with section 9(1).
38.WRA will issue a penalty notice to a VAP specifying the information WRA considers to be inaccurate. A VAP will then have 30 days from the day a penalty notice is issued to provide the notice required by section 9(1)(a) or (b) to WRA before becoming liable to further penalties. This period of 30 days is known as the initial penalty period.
39.If the VAP has not given the required notice to WRA by the end of the initial penalty period, the VAP is liable to a further penalty of £10 for each day after the end of the initial penalty period, up to and including the 30th day, on which the failure to give notice continues. A VAP that continues to fail to provide the required notice is liable to a penalty of £1000 for the 31st day (after the end of the initial penalty period) on which the failure continues.
40.The section also states that the initial penalty period should not take into account any day on which a decision relating to the penalty under subsection (1) is the subject of an ongoing review or appeal.
41.If a person ceases to be a VAP but became liable to a penalty under this section while they were a VAP, they remain liable to the penalty.
Commentary on Sections Part 2 - Register of Visitor Accommodation Providers Section 10 – Penalties for failure to notify WRA of changes and inaccuracies