5.The section defines visitor accommodation for the purposes of both the register of visitor accommodation providers and the visitor levy. It details what is visitor accommodation, along with certain exceptions. It also contains a regulation making power for the Welsh Ministers to amend the list of visitor accommodation. Visitor accommodation is a defined term to ensure the scope of the Act is clear, recognising the variety of accommodation that is provided in Wales.
6.Visitor accommodation is:
7.Accommodation listed in subsection (1)(e) to (g) of this section is only visitor accommodation for the purposes of the Act if is offered on a short-term basis; that is, for stays of 31 nights or less (and for that purpose, it does not matter whether the nights are consecutive). This ensures that these types of accommodation will only be visitor accommodation if they are offered on a short-term basis and removes from scope longer-term stays. For example, residential tenancies or accommodation provided to a lodger who rents a room Monday-Friday over a 3-month period.
8.The section excludes certain types of accommodation from being visitor accommodation. Accommodation is not visitor accommodation if it is on a Gypsy and Traveller site; if it is a pitch or area provided for a mobile home, vessel or other vehicle that is permanently or semi-permanently situated in one place; or in mobile homes, vessels or other vehicles that are not permanently or semi permanently situated in one place, which would exclude the hiring of a mobile home from scope but the visitor levy would be chargeable if it were sited at a pitch or area within the meaning of 2(1)(c)(ii). This also means that accommodation provided on board a vessel to passengers on a journey is not visitor accommodation, so, for example, a room onboard a cruise ship or a canal boat is not visitor accommodation and therefore not subject to registration requirements or the visitor levy. This provision, because it excludes pitches or areas for mobile homes that are permanently or semi permanently situated in one place also removes residential mobile home sites from the scope of the Act. ”Gypsy and Traveller site“ and “mobile home” are terms that are defined in the section.
9.The Welsh Ministers may by regulations amend this section to provide that a type of accommodation, or accommodation of a particular description, is or is not visitor accommodation, and to vary the description of a type of accommodation. Regulations made under this power are subject to the affirmative procedure in the Senedd.
Commentary on Sections Part 1 - Overview of Act and Key Terms Used in Act Section 2 – Visitor accommodation