42.This section provides WRA with the power to change a VAP’s entry in the register where no notice has been given by the VAP under section 9 (duty to notify WRA of changes and inaccuracies) if WRA considers that the entry is inaccurate.
43.Before a change to the register can be made WRA must issue a notice to a VAP specifying the information WRA considers inaccurate and setting out whether WRA intends to omit that information or make other specified changes to the entry. The notice must also inform the VAP that WRA will change the register on a specified date unless before that date the VAP gives notice under section 9(1)(a) or (b) (duty to notify WRA of changes and inaccuracies) or WRA is satisfied that the register does not need to be changed. The notice must also set out information about rights of review and appeal.
44.The section states that the date specified in any notice sent by WRA in accordance with this section must be at least 30 days after the notice is issued.
45.Finally, the section states that the fact that WRA has changed the register to remove an inaccuracy does not mean that the VAP in question is not subject to penalties for having an inaccurate entry. The relevant penalties continue to apply, but the VAP will be treated as having given the required notice from the time the VAP either gives WRA the information it needs to make the entry accurate (if, following WRA’s intervention, it remains inaccurate), or confirms to WRA that the entry as it stands is accurate.
Commentary on Sections Part 2 - Register of Visitor Accommodation Providers Section 11 - Power to change the register where no notice has been given to WRA