Commentary on Provisions Part 3 – Introduction and Administration of the Levy Section 13 – Prior consultation on scheme
31.This section sets out the steps which a local authority must take before introducing or modifying a VL scheme. The authority must first prepare and publicise an outline of the proposed scheme or the proposed changes to an existing scheme (referred to in subsection (1)(a)(i) as “the proposal”). The authority must also publicise a statement about the cases and circumstances in which the levy is not payable or may be reimbursed, the objectives of the proposal and an assessment of the impact of the proposal in the authority’s area (subsection (1)(a)(ii), (iii) and (iv)) (which must include the likely effects of the proposal on persons living within the scheme area and other persons likely to be affected - subsection (3)). The objectives of the scheme must relate to developing, supporting or sustaining facilities and services which are substantially for or used by persons visiting the local authority’s area for leisure or business purposes (or both) (subsection (2)). By way of example, the objectives of a particular scheme may include the building of a visitor centre, improvement of convention centres or other local spaces used for business meetings and conferences, and improvement of transport links to a location popular with visitors to the area.
32.The authority must then carry out a consultation exercise on the proposed scheme, with subsection (1)(b) requiring the authority to consult persons who are representative of communities, tourist organisations, businesses engaged in tourism, the National Park authority (if any part of the area covered by the proposed VL scheme has been designated as a National Park), and other persons likely to be affected. If the proposal is that the VL scheme is to be modified, the authority must also consult the visitor levy forum (“VL forum”) for that scheme set up under section 16(1) (subsection (1)(b)(ii)). Following the consultation, the local authority is required under this section to prepare and publicise a report summarising the consultation responses and confirming whether it plans to proceed with the proposal (subsection (1)(c)). See section 14(3) and (5) for the timing implications of the date of publishing a report under section 13(1)(c) stating that the authority intends to proceed.
33.A local authority must publicise in advance any proposed revocation of a VL scheme (subsection (4)).