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Agenda Document Pack - Kinross-shire Committee - 20/02/2025

Perth and Kinross Council · 20 February 2025
Back to Kinross-shire Committee — 20 February 2025 and its agenda

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Page 1

Ambition | Compassion | Integrity 
Our vision is for 
a Perth and Kinross where everyone can live life
well, free from poverty and inequalities 
Council Building
2 High Street
Perth
PH1 5PH 
13/02/2025 
A hybrid meeting of the Kinross-shire Committee will be held in ICT Meeting
Room, Loch Leven Community Campus on Thursday, 20 February 2025 at
17:00. 
If you have any queries please contact Committee Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive 
Those attending the meeting are requested to ensure that all notifications are silent
on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The recording
will be publicly available on the Council’s website following the meeting. 
Voting Members
Councillor Dave Cuthbert, Perth and Kinross Council (Convener)
Councillor Richard Watters, Perth and Kinross Council (Vice-Convener)
Councillor Neil Freshwater, Perth and Kinross Council
Councillor Willie Robertson, Perth and Kinross Council 
Non-Voting Members
Neill Bingham, Milnathort & Orwell Community Council
Sarah Bruce-Jones, Fossoway Community Council
Geoff Christie, Glenfarg Community Council
Dave Morris, Portmoak Community Council
Hannah Phillips, Kinross Community Council
Fran Principe-Gillespie, Cleish & Blairadam Community Council 
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Kinross-shire Committee 
Thursday, 20 February 2025 
AGENDA 
MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY
FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY
ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF
CONDUCT. 
1 WELCOME AND APOLOGIES   
2 DECLARATIONS OF INTEREST   
3 MINUTE OF MEETING OF KINROSS-SHIRE COMMITTEE OF 21
NOVEMBER 2024 FOR APPROVAL
(copy herewith) 
5 - 10 
4 OUTSTANDING BUSINESS STATEMENT
(copy herewith 25/34) 
11 - 14 
5 GROW WILD
Verbal Update by Lesley Ann Cassidy, Senior Greenspace Officer 
6 TOURISM STRATEGY
Verbal Update by Suzanne Cumiskey, Project Manager 
7 PERTH AND KINROSS VISITOR LEVY - FOR NOTING
Report by Strategic Lead - Economy, Development and Planning
(copy herewith 25/28) 
15 - 112  
THIS REPORT WAS APPROVED BY ECONOMY AND
INFRASTRUCTURE COMMITTEE ON 5 FEBRUARY 2025   
8 VISITOR APP
Verbal Update by Suzanne Cumiskey, Project Manager 
9 ROAD SAFETY
Verbal Update by Daryl McKeown, Senior Technician 
10  ELECTRIC VEHICLE INFRASTRUCTURE FUND
Verbal Update by Mike Lee, Transport Planning Officer 
11   113 - 138
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ADDITIONAL SUPPORT NEEDS SPECIAL EDUCATION
PROVISION (PRIMARY AND SECONDARY SCHOOLS) -
OPTIONS APPRAISAL - FOR NOTING
Report by Strategic Lead - Education and Learning (copy herewith
25/19)  
THIS REPORT WAS APPROVED BY LEARNING AND FAMILIES
COMMITTEE ON 29 JANUARY 2025   
12  WINDFARM DEVELOPMENTS
Committee Discussion 
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KINROSS-SHIRE COMMITTEE 
Minute of hybrid meeting of the Kinross-shire Committee held in Loch Leven
Community Campus, Milnathort, on Thursday 21 November 2024 at 5.00pm. 
Present: Councillors D Cuthbert, N Freshwater, W Robertson and R Watters; B
Freeman (Kinross Community Council); S Bruce-Jones (Fossoway Community
Council; N Bingham (Milnathort and Orwell Community Council); and D Smart
(Glenfarg Community Council). 
In Attendance: L Haxton (Strategic Planning, People and Resources); S MacDonald
and S Panton (Economy, Development and Planning); A Clegg and W Greig
(Housing and Communities); and W Mahoney (Environment and Infrastructure); K
Molley, A Brown and M Pasternak (Legal and Governance). 
Also in attendance: N Mainprize, TRACKS and; M Annet and N Marchant, Fossoway
Community Development Trust. 
Councillor D Cuthbert, Convener, Presiding. 
The Convener led the discussion on Items 1-4, 7 and 9-14, with the Vice-Convener
leading the discussion on Items 5, 6 and 8. 
1. Welcome and Apologies 
The Convener welcomed all present to the meeting. 
2. Declarations of Interest 
There were no Declarations of Interest made in terms of the Councillors’ Code
of Conduct. 
3. Minute of Previous Meeting
The minute of meeting of the Kinross-shire Committee of 15 August 2024 was
submitted and approved as a correct record. 
4. Outstanding Business Statement 
Resolved:
(i) It be noted that action 6 had now been completed. 
(i) The contents of the Outstanding Business Statement, be noted.
(ii) It be agreed that completed actions would be removed from the Outstanding
Business Statement. 
3
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5. Agenda Note
L Haxton, Community Planning and Policy Team Leader, advised members of
the remaining budget of £50,000 available to the Kinross-shire Committee for the
current financial year. 
Members discussed different options of how the sum of £50,000 could be
used. Councillor R Watters suggested using the monies towards the development of
a mapping app which had been one of the main priorities of the Active Travel
Masterplan. 
A Clegg advised that the Council do have a mapping system available for the
Countryside Path Network. A Clegg advised that the tool could be investigated
further to see if it would be suitable for other active travel formats. A Clegg
suggested that an officer would attend the next committee in February to provide a
demonstration on how the current system does work. 
Resolved:
(i) It be agreed that the sum of £50,000 be earmarked for the development of a
mapping app as part of the Active Travel Masterplan in Kinross-shire.
(ii) A demonstration of Perth and Kinross Council’s current mapping tool be
submitted to the Kinross-shire Committee in February 2025. 
6. Former Blairingone Primary School
There was a verbal update by M Annet and N Marchant, Fossoway
Community Development Trust, on the process of the community asset transfer on
the former Blairingone Primary School plus the attached schoolhouse and car park
grounds to the Trust.
As part of their update, M Annet and N Marchant confirmed that the Scottish
Land Fund have funded consultants who engaged with communities and have
produced different options for the site. M Annet and N Marcant confirmed that the
Blairingone Sub-group (the hall committee) would like to carry on with the option to
buy the site.  The consultants had prepared an options appraisal and look to prepare
a feasibility study and a business plan. To go to stage 2 of the process the Trust
would have to fund an independent evaluation. The Trust have started to look at
diverse options for the use of the former Blairingone Primary School for community
benefit. 
L Haxton advised that a clarification on figures of the site to the Council would
be provided and reported back to the Trust. 
L Haxton suggested that a further meeting be held with members from the
Trust, A Peace – Senior Estates Surveyor, C MacLeod – Solicitor, S Kimmet,
Community Empowerment Officer, and representatives from the Scottish Land Fund,
to look at different ways that the site could generate income.   
The Committee noted the position. 
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Page 7

7. Windfarm Developments 
There was a verbal update by S Panton, Team Leader, Major Applications &
Enforcement which highlighted the processes, including community consultation, and
the status of the two major windfarm applications at Brunt Hill and Criaghead. 
S Panton advised that when a windfarm generates more than 50 MW
regardless of the height of the turbine or how many turbines there are, the Scottish
Government - Energy Consents unit would deal with that application and Perth and
Kinross Council would become a consultee. Alternatively, if the windfarm generates
less than 50 MW, Perth and Kinross Council would be the determining authority. S
Panton confirmed that Brunt Hill application had been dealt with by the SG – Energy
Consents Unit and Craighead application by Perth and Kinross Council. 
S Panton advised that both windfarm applications are currently on hold. S
Panton confirmed that he would report back to the committee with Planning’s
recommendations on the applications once they are ready to be considered by the
Planning and Placemaking Committee. 
Members questions were answered. 
The Committee noted the position. 
8. P&K Tourism Strategy 
There was a verbal update by S MacDonald, Economic Development
Manager – Tourism, Culture and Place provided a verbal update on the Perth and
Kinross Tourism strategy. 
S MacDonald led a discussion on engagement which key stakeholders and
communities in Kinross-shire on the development of the Perth and Kinross Tourism
Strategy and how the committee could be involved in the process. S MacDonald
advised that the Strategy would cover several key areas such as destination
marketing, an infrastructure plan, events and business support. 
S MacDonald advised that a couple of consultation workshops had been
arranged in Birnam for mid-December for the whole of Perth and Kinross and
suggested a separate session in Kinross-shire as a lot of activity does occur in the
area. Members were in favour of the suggestion. 
In response to a question from Councillor R Watters regarding timings for the
local consultation in Kinross-shire, S MacDonald hoped that the consultation period
would be completed by the end of January. S MacDonald confirmed that the Tourism
Strategy and Action Plan would be submitted to the Economy and Infrastructure
Committee in early 2025 and the Tourism Levy would be submitted to the Finance
and Resources Committee for approval in April. 
The Committee noted the position. 
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Page 8

9. Core Paths 
A Clegg, Community Greenspace Manager, delivered a short slide-based
presentation on the process of new core paths. 
In response to a question from Councillor W Robertson regarding the potential
new core paths in Kinross-shire and if resources are available to take those forward,
A Clegg advised that if not contentious, the team may be able to proceed, however,
if the amendment was to be contentious, the suggestion would be noted and added
to the list to be looked at under the Core Paths Plan Review when available.  
A Clegg advised members that they are welcome to contact him or his team
with suggestions for new core paths or amendments. 
The Committee noted the update. 
10. Infrastructure Adoption (Roads and Greenspace) 
A Clegg, Community Greenspace Manager delivered a short slide-based
presentation on greenspace adoption. 
W Mahoney, Senior Engineer, provided a further update in relation to the
process of the adoption of roads. 
The Committee noted the position. 
11. Tracks – Loch Leven Heritage Trail 
There was a verbal update by N Mainprize, The Rural Access Committee for
Kinross-shire (TRACKS) Project Officer on the condition and work being undertaken
of the Loch Leven Heritage Trail. 
N Mainprize outlined the next phase of the project and advised that TRACKS
are seeking further funding to carry out the works. W Robertson confirmed that he
had been in discussions with the Leader of the Council and hoped that £30,000 for
the project would form part of the Council Budget for 2026/27. 
The Committee noted the position. 
12. Cemetery Expansion 
W Greig, Senior Bereavement Services Officer, delivered a short slide-based
presentation on the cemetery expansion. 
The Committee noted the position. 
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Page 9

13. Kinross-Shire Community Investment Fund 2024/25 
There was submitted a report by Strategic Lead – Housing and Communities
(24/323) (2) asking Committee to homologate the decisions made by the Kinross-
shire Ward Panel for the 2023/24 Community Investment Fund, and also (2)
summarising the process for a further round of funding to be completed before the
end of the 2023/24 financial year. 
Resolved:
The funding decisions taken by the Ward Panel outlined in Report 24/323, be
homologated. 
14. Committee Development Session 
Members agreed for the item to be brought back to committee in February
2025 to discuss further if a committee development session would be required and to
give members the opportunity to look at what the committee does well and what
could be done differently.   
~~~~~~ 
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Page 11

KINROSS-SHIRE LOCAL COMMITTEE 
OUTSTANDING BUSINESS STATEMENT (OBS) 
(Report No. 25/34) 
Please note that this statement sets out outstanding decisions of this committee along with an update and estimated completion
date.  Actions which are overdue are shaded for ease of reference.  Where an update reflects that an action is complete then the
Committee’s agreement will be sought to its removal from the OBS. 
No. Minute 
Reference
Subject Title Outstanding
Action
Update Lead Officer
/Service
Action
due
Action
Expected
8. 24 August
2023
Community
Transport Forum
An item to be
brought to a future
meeting of the
Kinross-shire
Committee. 
D Smart, Chair of
Glenfarg Community
Transport Group
presented at
Committee. 
A meeting to be
arranged with the
Convener, Vice-
Convener, D Smart
and M Roy. The
meeting will be open
to other members.
COMPLETE  Margaret Roy 21 February
2024 
21 February
2024 
4
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The meeting to
cover active travel
generally, instead of
solely concentrating
on the bus service in
Kinross-shire. 
14.  21 November
2024 
Item 5. 
Agenda Note –
Remaining
budget for
Kinross
An officer to attend
the next committee
in February to
provide a
demonstration of
how the Council’s
current mapping
system works. 
Andy Clegg  21 February
2025
21 February
2025
15. 21 November
2024 
Windfarm
Developments 
Information be
reported back to
committee on
Planning’s
recommendations
on the Criaghead
and Brunt Hill
applications once
they are ready to be
considered at the
Planning and
Placemaking
Committee. 
COMPLETED Sean Panton 21 February
2025
21 February
2025
16, 21 November
2024
Item 8. 
P&K Tourism
Strategy 
A consultation
session in Kinross-
shire be arranged
COMPLETED Steve
MacDonald 
21 February
2025
21 February
2025
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Page 13

for key stakeholders
and communities. 
17.  21 November
2024 
Item 14.
Committee
Development
Session 
The item to be
brought back to the
meeting in February
for discussion.  
21 February
2025
21 February
2025 
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Page 14

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Perth and Kinross Council 
Economy and Infrastructure Committee 
5 February 2025 
Perth and Kinross Visitor Levy 
Report by Strategic Lead – Economy, Development & Planning
(Report No. 25/28) 
1. Purpose 
1.1 To explain how the Visitor Levy (Scotland) Act 2024 and the powers granted
to local authorities could be applied within Perth and Kinross, and the process
for considering this. 
1.2 Seek committee approval to commence early engagement on a potential
visitor levy scheme for Perth and Kinross, recognising the importance of
tourism on the local economy and the need for engagement with interested
parties. 
2. Recommendations 
2.1 It is recommended that the Committee: 
- Agree the approach and timeline for early engagement on a potential
visitor levy scheme for Perth and Kinross set out in section 4.6. 
- Instruct the Strategic Lead - Economy, Development and Planning to
report back on the results of that early engagement and produce a draft
Perth and Kinross Visitor Levy Scheme to Council in December 2025, for a
decision on whether to proceed to formal consultation or not. 
3. Structure of Report 
3.1 This report is structured over the following sections: 
• Section 4: Background/Main Issues 
• Section 5: Proposals 
• Section 6: Conclusion 
• Appendices 
4. Background / Main Issues 
4.1 In May 2024, MSPs backed legislation – The Visitor Levy (Scotland) Act 2024
– giving local authorities a new power to introduce a visitor levy that would
raise money to be re-invested locally on facilities and services substantially for
or used by visitors (leisure and business) - enhancing the visitor experience. 
7
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In October 2024, the Scottish Government approved the guidance on the
visitor levy for local authorities (Appendix 1). 
4.2 The Act gives local authorities in Scotland the power to introduce a levy for
overnight accommodation based on a percentage of the cost of that
accommodation.  Local authorities have the power to determine the
percentage rate set, the geographical area where it applies and any local
exemptions.  The authority can also specify a maximum number of nights to
apply the levy and whether it applies to all or part(s) of its area. 
4.3 The visitor levy does not apply to: 
• Those using overnight accommodation as their only or primary residence.
• Those staying on a dedicated gyspy/traveller site.
• Those in receipt of specified UK disability benefits, payments or
allowances. 
4.4 At this time, the cruise market and motorhomes are not in scope.  This will be
reviewed nationally on an ongoing basis. 
4.5 Local authorities that want to introduce a visitor levy are only able to do so
after they have consulted local communities, businesses and the wider
tourism sector, through early engagement, formal consultation and then
implementation period.  In total these processes would take just over 2 years
to conclude if the minimum timescales were applied.  For Perth and Kinross
this means that the earliest date a scheme could come into effect would be
Summer 2027. 
Timeline for engagement/decision-making 
4.6 For a visitor levy scheme to be successfully implemented it is important that
there is appropriate and effective engagement with a range of interested
parties.  Visitor levy guidance published by the Scottish Government
(Appendix 1) clearly sets out the timescales for this process. 
1. Early engagement (approximately 6-12 months) – undertake early
engagement with local businesses, residents and other relevant partners
to inform a draft visitor levy scheme. 
2. Forecasting - alongside early engagement undertake forecasting to
assess the potential income generated from a levy.
3. Consultation (12 weeks) – consult on the proposed visitor levy scheme.
4. Implementation period (18 months) – following publication of decision to
proceed, the implementation period is intended to allow local authorities,
communities and businesses time to prepare for the introduction of the
scheme. 
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5. Proposals 
5.1 This report does not seek a decision on implementation.  It sets out proposals
for early engagement to allow the Council to make an informed decision on
whether to introduce a local visitor levy scheme or not. 
5.2 It is important to acknowledge that in feedback in the lead up to the national
legislation coming into place, there have been reservations expressed, both
locally and nationally, about the introduction of a visitor levy scheme. That is
why early and ongoing engagement with those most likely to be impacted by
the introduction of a scheme is a fundamental part of the proposed approach
to exploring the possibility of a scheme in Perth and Kinross. 
5.3 The visitor economy is one of the most important sectors in Perth and Kinross,
supporting businesses, jobs and communities across the area.  This is
reflected in our Perth and Kinross Economic Action Plan and the Tay Cities
Regional Prospectus for Growth.  It is also one of the key action areas under
the Council’s Corporate Plan priority of ‘developing a resilient, stronger, and
greener local economy’, where we commit to promoting what our city and
towns have to offer to businesses, investors and tourists. Nationally, the visitor
economy is also one of the Scottish Government’s six key growth sectors. 
5.4 What the visitor economy sector in Perth and Kinross looks like: 
• 2.3 million visits to Perth and Kinross in 2023.
• 2.8 nights – average length of stay.
• Total economic impact of £641 million for local businesses and
communities.
• 8,200 full time equivalent jobs supported. 
5.5 There are community costs to supporting visitors to our area. This has
previously been recognised by Council through investment in the Visitor
Ranger Scheme to promote responsible tourism and provide support and
guidance to visitors to help minimise the impact visitors to popular parts of
Perth and Kinross can have on year-round residents.  The visitor levy could
provide an opportunity to offset these costs and invest in the visitor economy
sector. 
5.6 To ensure a planned and effective approach to implementation, VisitScotland
guidance on the levy recommends alignment with a local or regional  tourism
strategy.  We are currently refreshing our Perth and Kinross Tourism Strategy
and Action Plan. This will be brought to the Economy and Infrastructure
Committee on 28 May 2025 and will set out a clear vision for tourism in our
area and detail the types of activity that could be supported by a levy, under 4
main areas: 
• Area promotion
• Investment and infrastructure
• Market development and internationalisation
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• Industry growth and resilience 
5.7 Consultation on the Perth and Kinross Tourism Strategy and Action Plan,
developed by Perthshire Tourism Partnership, is currently underway. This
activity is being carried out with support from VisitScotland, ensuring local,
regional and national alignment. 
5.8 Through early feedback from this activity, as well as nationally through bodies
such as the Scottish Tourism Alliance, concerns have been expressed that
with financial pressure on local authorities, the income received from any
visitor levy will be used to offset general budget pressures rather than
enhancing the visitor offer.  Demonstrating the alignment between the
Tourism Strategy objectives and the investment of any visitor levy income will
be a key part of addressing these concerns as part of our early engagement
process. 
Factors to be taken into consideration when developing a scheme 
5.9 The Visitor Levy Guidance (Appendix 1) details a number of issues local
authorities should take into account when developing proposals for a local
scheme. 
5.10 As part of this there is a requirement for local authorities to state whether they
will exempt businesses below VAT threshold.  This needs to be taken into
account at a local level, reflecting the make-up of the sector as there is a
potential for small businesses potentially being pushed into a higher tax
threshold through the collection of the levy. 
5.11 The scheme must specify, among other factors, the area of operation, the
percentage rate chargeable and the objectives of the scheme. 
5.12 In order to calculate potential revenue for Perth and Kinross, we have
commissioned The Moffat Centre, a leading consultancy and research body in
the tourism and travel market, to carry out a full assessment of potential
income based on overnight stays and any other relevant measures.  This is
being done in partnership regionally with other authorities as part of the Tay
Cities Regional Economic Partnership.  Discussions on a levy are also taking
place as part of this partnership to determine any potential collaboration,
shared opportunities and challenges. 
5.13 It is important that any scheme considers an areas price competitiveness and
considers the point beyond which visitors may be unwilling to pay for
accommodation. This will be considered when drafting the scheme, in
partnership with VisitScotland and specialist expertise where appropriate. 
5.14 Although there is no requirement for a local authority to provide assistance to
liable persons (businesses), local authorities are encouraged to be mindful of
the costs incurred by accommodation providers. 
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5.15 In managing visitor levy income local authorities are required to maintain
separate accounts for any net proceeds of a scheme, meaning funds should
not be incorporated into a council’s ‘general fund’.  However, the visitor levy
generates a revenue income which can be used to finance capital borrowing
for relevant capital investment. 
5.16 While legislation is still relatively new and most other areas considering a
scheme are at a similar stage to Perth and Kinross, there are opportunities to
learn from other areas. Edinburgh was the first area to go through a process
of formal consultation.  This ran until the end of December 2024 and full
results and a decision have now been taken.  The City of Edinburgh Council
are proposing a percentage rate of 5% on the first 5 nights of overnight stay. 
The estimated levels of income are £50 million per annum, starting in July
2026 – subject to council approval of a scheme.  The proposed use of funds
include:
• Administration and contingency costs
• City operations and infrastructure (55%)
• Culture, heritage and events (35%)
• Destination management (10%)
• Fixed annual amount:
o Housing and tourism mitigation (£5 million)
o Participatory budgeting (2%) 
Early engagement process 
5.17 In order to introduce a scheme we are required to, through early engagement
with industry and residents, produce a draft scheme.  This process is likely to
take around 10 months to ensure effective consultation, representation and
input from all parties.   
5.18 Led by the Council’s Economic Development Team, and supported by a
range of internal and external partners, we will: 
• Carry out an extensive programme of early engagement with local
businesses, residents and any other relevant partners to draft a Perth and
Kinross Visitor Levy Scheme, in compliance with legislative requirements. 
• Forecast potential income from a visitor levy. 
• Gather further feedback on the proposed visitor levy scheme.
• Provide regular updates to elected members on progress.
• Bring a full report to Council in December 2025, seeking a decision on
whether to progress to statutory consultation on the scheme or not. 
5.19 If elected members agree to progress, there would then be a formal 12 week
consultation period, after which the proposed scheme would be brought back
for final approval from Council.  As per the legislation, if final approval is given
there would then be an implementation period of at least 18 months.  The
implementation period is intended to allow local authorities, communities, and
businesses to prepare for the introduction of a visitor levy scheme. 
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Decision-making timeline for Perth and Kinross 
5.20 Engagement and communication would continue throughout the progress to
implementation with a number of opportunities for elected members to
consider feedback and whether to progress to the next stage.  Even if there is
a final decision to implement, a successful visitor levy scheme will require
meaningful and sustained engagement throughout its lifetime.  For this reason
Visitor Levy Forums (“advisory bodies”) need to be set up within 6 months of
formal announcement of a scheme.  This should include the local authority,
industry and tourism sector representatives.  This will be progressed if the
final decision of Council is to implement a local Visitor Levy Scheme. 
6. Conclusion   
6.1 A visitor levy could provide indefinite annual funding allowing multi-year
investment for transformational and impactful projects over the short, medium
and long term, and the ability to leverage additional funds.  A local scheme
could create significant opportunities for Perth and Kinross. 
6.2 Officers therefore recommend that committee approves work to explore a
potential Perth and Kinross Visitor Levy Scheme, commencing early
engagement to ensure that the views of local businesses, residents and other
relevant partners are incorporated in the development of a draft scheme, and
brings a report back in December 2025 for a decision on whether to progress. 
Early engagement period (February-November 2025)
•Incorporating forecasting research work
•Development of draft Visitor Levy Scheme
Committee meeting (December 2025)
•Consideration of feedback from consultation activity
•Decision on whether to proceed with implementation of draft Visitor
Levy Scheme
Formal consultation period (12 weeks)
Council meeting (Spring 2026)
•Consideration of feedback from formal consultation
•Decision on whether to proceed
Implementation period (18 months)
•Preparation for introduction of the scheme
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Author
Name  Designation Contact Details
Steve MacDonald  Economic
Development
Manager – Business,
Place and
Investment
EPLCommitteeReports@pkc.gov.uk 
(01738) 475000 
Approved 
Name Designation Date
Serge Merone  Strategic Lead – Economy,
Development and Planning
29 January 2025 
APPENDICES 
Appendix 1 – Guidance on the Visitor Levy for local authorities (Scottish Government
– October 2024). 
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ANNEX 
1. Implications, Assessments, Consultation and Communication  
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement  Yes
Corporate Plan  Yes
Resource Implications  
Financial  Yes
Workforce Yes
Asset Management (land, property, IST) Yes
Assessments  
Equality Impact Assessment Yes
Strategic Environmental Assessment Yes
Sustainability (community, economic, environmental) Yes
Legal and Governance  Yes
Risk Yes
Consultation 
Internal  Yes
External  Yes
Communication 
Communications Plan  Yes 
1. Strategic Implications  
Community Plan/Single Outcome Agreement 
1.1 This report supports all of the priorities within the Community Plan 2022-27. 
(i) Reducing Poverty (including child poverty, fuel poverty and food poverty)
(ii) Mental and physical wellbeing
(iii) Digital participation
(iv) Skills, learning and development
(v) Employability 
Corporate Plan 
1.2 This report supports the objectives within the Corporate Plan:- 
(i) Children and young people grow up safe, respected, well-educated,
and confident in their ability to realise their full potential; 
(ii) People and businesses are increasingly able to prosper in a local
economy which support low carbon ambitions and offers opportunities
for all; 
(iii) People can achieve their best physical and mental health and have
access to quality care and support when they need it; 
(iv) Communities are resilient and physically, digital and socially
connected; 
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(v) Perth and Kinross is a safe and vibrant place, mitigating the impact of
climate and environmental change for this and future generations. 
2. Resource Implications 
Financial 
2.1 The recommendations in this report do not have direct financial implications. 
2.2 Existing Economic Development budgets will be used to progress the work. 
For example, we have made a contribution at a regional level for The Moffat
Centre to carry out an assessment of the levels of revenue that could be
generated. 
2.3 We will also look for external funding to bring in additional resource if and
when required. 
Workforce 
2.4 The recommendations in this report do not have any direct implications for the
Council’s workforce.  The project will be led and delivered by Perth and
Kinross Council Economic Development – Business, Place and Investment
Service. 
Asset Management (land, property, IT) 
2.5 There are no direct Asset Management implications arising from this report. 
3. Assessments 
Equality Impact Assessment 
3.1 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups.  Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties.   
This section should reflect that the proposals have been considered under the
Corporate Equalities Impact Assessment process (EqIA) with the following
outcome: 
(i) Assessed as not relevant for the purposes of EqIA 
Strategic Environmental Assessment 
3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. 
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No further action is required as it does not qualify as a PPS as defined by the
Act and is therefore exempt. 
Sustainability 
3.3 Under the provisions of the Local Government in Scotland Act 2003 the
Council has to discharge its duties in a way which contributes to the
achievement of sustainable development.   Under the Climate Change
(Scotland) Act 2009 the Council also has a duty relating to climate change
and, in exercising its functions must act: 
• in the way best calculated to delivery of the Act’s emissions reduction
targets;
• in the way best calculated to deliver any statutory adaptation
programmes; and
• in a way that it considers most sustainable. 
Legal and Governance 
3.4 The Visitor Levy (Scotland) Act 2024 (the act) gives local authorities the
power to impose a levy in respect of persons staying in certain types of
accommodation overnight. 
Risk 
3.5 Delaying progress on exploring a local visitor levy risks not maximising
potential revenue – due to the long timescales involved. 
3.6 A lack of meaningful and comprehensive engagement and consultation risks a
lack of industry and resident support for a potential scheme. 
3.7 A full risk register will be produced for the full report, including mitigations. 
4. Consultation 
Internal 
4.1 The following have been consulted at an early stage. 
• Economy, Development and Planning
• Local Taxes
• Convenor, Vice Convenor (Economy and Infrastructure Committee),
Council Leader 
External 
4.2 The following have been consulted at an early stage. 
• VisitScotland
• Perth and Kinross Tourism Partnership
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• Perth and Kinross Business Tourism Partnership 
5. Communication 
5.1 In order to engage and consult on this project, we will communicate with a
wide range of stakeholders.  A full communication plan will be drafted and
implemented at the outset of the project.  Those to be communicated to
include: 
• Relevant Perth and Kinross Council Services
• VisitScotland
• Perth and Kinross Tourism Partnership
• Perth and Kinross Business Tourism Partnership
• Local Tourism Partnerships
• Tourism businesses and those in associated sectors
• Community Councils 
2. BACKGROUND PAPERS 
2.1 None. 
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Guidance on      
the Visitor Levy
for local authorities
October 2024
7
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Contents
Minister’s Foreword      3
Foreword from VisitScotland     4
01  Power to Introduce a Levy    6
02  Timeline       8
03  Required Content of a Visitor Levy Scheme 11
04  Forecasting      13
05  Early Engagement     16
06  Consultation      21
07  Implementation Period    25
08  Equalities       27
09  Scheme Publication     29
10  Calculation of a Levy     31
11  Rate Setting       38
12  Use of Funds      41
13  Liable Persons      46
14  Assistance for Liable Persons   49
15  Billing of Overnight Accommodation  51
16  Remittance      53
17  Exemptions      58
18  Islands       63
19  Local Flexibilities     65
20 Communication      67
21 Visitor Levy Forum     70
22 Accounting       72
23  Annual Reporting     74
24  Review of a Visitor Levy Scheme   76
25 Compliance      78
26 Internal Review and Appeal    82
27  Registers       84
Images : Front cover, Helix Home of the Kelpies
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Guidance on the Visitor Levy for local authorities
3
Minister’s Foreword
The Scottish Government believes that a visitor levy can be a
force for good, delivering benefits for local communities, local
authorities, and local businesses. For the first time councils in
Scotland now have the power to introduce a visitor levy in their
area, if they think it is right and after they have consulted local
businesses, communities, and tourism organisations.
Alongside the process of Parliamentary scrutiny of the
Visitor Levy (Scotland) Act the Scottish Government asked
VisitScotland to form an Expert Group, made up of stakeholders
reflecting tourism, business, and local government. The
purpose of the Group was to develop guidance for local
authorities on the use of the new visitor levy power. The Act was
amended as it progressed through Parliament to legally require
all local authorities to have regard to this Guidance.
I therefore welcome this first published edition of the Guidance, and am pleased to formally approve it,
in line with the requirements under the Act. It is the fruit of much work by VisitScotland and the Expert
Group, considering a large number of issues and producing Guidance that will be useful to not only local
authorities, but others with an interest in how best to introduce and administer a visitor levy.
I thank all those organisations on the Expert Group who gave their time and expertise to produce this
Guidance. The power to introduce a visitor levy is a new and important one for local authorities, and this
Guidance will assist them in considering, and if they believe it is right, introducing and administering a
visitor levy in the most effective way possible.
Ivan McKee MSP
Minister for Public Finance
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Guidance on the Visitor Levy for local authorities
4
Foreword from VisitScotland
As the national tourism agency, VisitScotland’s core purpose is to drive the visitor economy and grow its
value to Scotland.
We do this in collaboration with the tourism and events industry as we work together to deliver the two
national strategies - Scotland Outlook 2030 and Scotland the Perfect Stage. Together, these set out our
shared ambitions for Scotland to be the world leader in 21st century tourism and build on our status as a
world-leading events destination.
The introduction of a visitor levy in Scotland – in line with many other destinations around the world –
adds a new and important dimension to these ambitions.
The visitor economy is one of Scotland’s most important industries, supporting businesses, jobs and
communities across the country. It is one of six Scottish Government growth sectors and is worth £10.7
billion (c.6%) to Scotland’s economy.
With a levy, local authorities now have the power to generate revenue specifically for the benefit of the
visitor economy.
If developed collaboratively between local authorities and businesses, a visitor levy scheme represents a
unique and significant opportunity to deliver multi-million-pound annual investment in the sector.
Given that critical link to the visitor economy, we expect that local authorities choosing to bring forward
proposals will do so after having set out their priorities for development of the sector through local
tourism or visitor economy strategies.
This approach will ensure that the objectives of a visitor levy brought forward align with the principles of
relevant local tourism strategies, as well as other related local, regional and national strategies directly
linked to the visitor economy.
We know the introduction of a levy is a major change for businesses and we expect local authorities to
work closely with the accommodation sector in their area. It is important businesses receive the support
they need to be able to collect and remit the levy where it will be charged. The implementation period
will be the ideal opportunity to do this but we welcome the opportunities the legislation provides for
regular engagement with the sector beyond the introduction of a levy.
As chair of the Expert Group, we have brought together the tourism industry, local authorities and
government to deliver the statutory guidance for the visitor levy.
This document provides local authorities with guidance on the development and implementation of a
visitor levy. It may also be of use to accommodation providers responsible for collecting and remitting a
levy, and others with an interest in a proposed scheme.
We will continue to consider and review the guidance as local authorities bring forward proposals for
visitor levy schemes and to reflect the complexities of certain accommodation sectors. This will be done
through continued collaboration with the industry and local authorities as we work to ensure that the
introduction of any visitor levy helps destinations deliver on their ambitions for sustainable tourism.
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01
Power to Introduce
a Levy
V&A Dundee and RRS Discovery
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Guidance on the Visitor Levy for local authorities
6
01  Power to Introduce a Levy
1.  The Visitor Levy (Scotland) Act 2024 (referred to hereafter as “the Act”), was passed by the
Scottish Parliament in May 2024, and received Royal Assent on 5th July 2024. The Act gives local
authorities in Scotland the power to introduce a levy that is charged on the purchase of overnight
accommodation at a percentage rate. It will be for each local authority to decide after consultation,
whether or not to introduce a visitor levy (VL) scheme.
2.  A local authority will also determine many of the elements of a VL scheme, such as the percentage
rate set, the geographical area where it applies, and local exemptions from paying a visitor levy.
3.  This guidance is for local authorities that are considering developing and implementing a VL
scheme in their area. It may also be of use to accommodation providers responsible for collecting
and remitting a levy, and others with an interest in a proposed VL scheme. The guidance has been
developed collaboratively between local authorities and tourism and accommodation business
organisations, working together in an Expert Group led by VisitScotland.
4.   This guidance is not intended to be exhaustive, nor is it an authoritative statement of the law.
Local authorities should seek their own legal advice if, and where, they are unsure of their legal
obligations or the lawfulness of a proposed VL scheme. This guidance may be reviewed and
updated from time to time.
Types of accommodation to which a levy applies
5.  Under the Act, overnight accommodation is considered a room or area that is used by a visitor for
residential purposes, but is not their only or usual place of residence. Therefore a visitor levy does
not apply to accommodation that is being used as someone’s only or usual place of residence.
6.  The types of accommodation included within scope of the legislation are:
a.  hotels
b.  hostels
c.  guest houses
d.  bed and breakfast
e.  self-catering
f.  camping sites
g.  caravan parks
h.  accommodation in a vehicle, or on board a vessel, which is permanently or predominantly   
situated in one place
i.  any other place at which a room or area is offered by the occupier for residential purposes 
otherwise than as a visitor’s only or usual place of residence
7.  A visitor levy cannot be charged for accommodation on local authority gypsy and traveller
sites, and registered social landlord gypsy and traveller sites. It also cannot be charged for
accommodation in a vehicle, or on board a vessel that is undertaking a journey involving one or
more overnight stops.
8.  Scottish Ministers may amend the Act to change the type of accommodation covered, vary the
description of the accommodation type, or remove a type of accommodation. Before making any
of these changes, Scottish Ministers must consult local authorities, representatives of communities,
businesses engaged in tourism and tourist organisations, and other appropriate persons. Where
Scottish Ministers seek to change accommodation types, this would need to be approved by the
Scottish Parliament.
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02
Timeline
The Old Man of Storr, Isle of Skye
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02  Timeline
1.  Many of the activities required to be carried out by local authorities as part of the introduction,
implementation, or modification of a VL scheme will need to be carried out in a specific order.
2.  Beyond these statutory requirements, it is recommended that local authorities also carry out a
range of other tasks, which although non-statutory, will ensure that a VL scheme is introduced in
a manner which the Expert Group considers good practice. Figure 1 and Table 1 outline both the
statutory and non-statutory tasks and provide an indicative timeline presenting the order in which
events and activities should take place during the introduction of a VL scheme.
3.  This timeline is intended to provide a general guide, and exact dates that activity is undertaken will
be for the local authority to determine according to individual local circumstances.
4.  It is also recommended that, where possible, local authorities consider how existing approaches
can be utilised in the completion of these activities.
Figure 1: Indicative timeline of activities to be carried out establishing a VL scheme
Guidance on the Visitor Levy for local authorities
8
Forecasting
Approximately
6 -12 months
Approximately
2 years
Normally
12 weeks
At least
18 months
VL Scheme comes
into force
Early Engagement
Consultation
Implementation
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Guidance on the Visitor Levy for local authorities
9
Table 1: Indicative timeline of activities to be carried out establishing a VL scheme Statutory
Requirement
Local authorities undertake work to understand their local visitor accommodation sector and set up
necessary cross working between local authority departments. See Chapter 04 Forecasting.
Local authorities engage with stakeholders to develop visitor levy proposal, which may include
considerations such as exemptions and their potential impact. See Chapter 05 Early Engagement.
Discussion at committees within the local authority.
Debate at relevant local authority committee.
Local authorities to prepare for consultation. See Chapter 06 Consultation.
Objectives of VL scheme to be developed. ✓
Impact studies to be carried out as required. ✓
Develop draft VL scheme to be proposed.
Plans for the use of net proceeds of a VL scheme to be developed. See Chapter 12 Use of Funds.
Agreement of draft VL scheme by the local authority.
Public consultation on entire draft VL scheme proposal (standard practice is 12 weeks). See Chapter
06 Consultation
✓
Analyse and report findings to the local authority committee, including potential changes to a VL
scheme in light of consultation. See Chapter 06 Consultation.
Formal public announcement of decision on whether or not to introduce a VL scheme (if the
decision is to introduce a VL scheme, the proposed start date for a scheme is to be set out).
✓
Minimum 18-month implementation period begins. See Chapter 07 Implementation Period. ✓
Scottish Ministers to be notified of decision to introduce Levy. ✓
Local authorities to establish a Visitor Levy Forum within six months of formal public 
announcement of a decision to introduce a VL scheme. See Chapter 21 Visitor Levy Forum.
✓
Local authorities to advise businesses of their liability and prepare administration of VL scheme.
Implementation period expires.
VL scheme comes into force, and the visitor levy is collected and remitted to the local authority. 
See Chapter 16 Remittance.
✓
Annual report on the scheme. See Chapter 23 Annual Reporting ✓
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03
Required Content of 
a Visitor Levy Scheme
Inner Forth Cycle Route
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03  Required Content of a Visitor Levy Scheme
1.  Local authorities wishing to introduce a visitor levy in their area are required to create a VL scheme. 
A VL scheme is required by the Act to specify:
a. the geographical area covered by a VL scheme (two or more local authorities may act jointly to 
make a VL scheme)
b. the date on which a VL scheme comes into force
c. the period of time in which a VL scheme will be active (which can be indefinitely)
d. the times during a VL scheme period when the purchase of accommodation will be liable to a 
visitor levy charge (which can be at all times)
e. the percentage rate of the visitor levy
f. the scheme’s objectives
g. the arrangements for review of decisions that relate to a scheme
h. any exemptions that mean a visitor levy is not payable or may be reimbursed (which must 
include an exemption where the visitor is in receipt of disability benefits specified in the Act)
i. the arrangements for the administration of any exemptions
j. the evidence required and manner in which it can be proved that the exemption related to 
specified disability benefits applies to a relevant transaction
k. the way the local authority intends to make decisions on the use of the net proceeds from a 
visitor levy
l. whether or not the visitor levy is payable in relation to accommodation with an annual turnover 
below the VAT threshold
Guidance on the Visitor Levy for local authorities
11
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04
Forecasting
Edinburgh Fringe Festival performers
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Guidance on the Visitor Levy for local authorities
13
04  Forecasting
1.   The forecasting of revenue from a visitor levy is an important process to help understand the 
viability of introducing a visitor levy. Being able to estimate the size of the expected receipts   
from specific accommodation providers, through establishing an early register of   
accommodation businesses, may also assist compliance once the VL scheme is operational.
2.   Forecast estimates will be impacted by choices on the design of a scheme, including what   
exemptions are put in place, the geographical area it applies to and the percentage rate of   
the charge.
Revenue forecasting
3. There are different approaches to forecasting future revenue receipts, and a variety of different 
secondary data sources that can help with such forecasting are available for free or on paid   
subscription. Quality of information is likely to be variable, and estimates should acknowledge 
the levels of uncertainty or gaps in coverage, so reasonable expectations are set. 
4. To calculate the expected forecasted revenue, a variety of data could be used to help with this 
work. For example, local authorities may wish to prepare data on the supply of inventory (rooms, 
keys, beds) the number of places to stay in the area (properties), the times through the year these 
are occupied (occupancy rates), and average tariffs for different accommodation types. Local 
authorities may also find it helpful to use publicly available data relating to Non-Domestic Rates to 
identify the number of each accommodation type included in the scope of the VL scheme. 
5.   In very simple terms, Table 2 is an example of what a local authority could develop as a basis for 
any initial estimation.
Table 2: An example of what a local authority could develop as a basis for initial forecasting
Accommodation type1  Number of
rooms
Occupancy
rate
Average cost
per room
Revenue from 1% of
occupied room cost
Current hotel provision 6,414 66.7% £65.38 £1.02m
New hotels or expansions
currently under construction
325 66.7% £65.38 £51,730
Guest houses / B&B 210 39.0% £55.00 £16,441
Camping (berths) 40 25.0% £25.00 £912
Youth hostels (beds) 50 45.0% £16.50 £1,355
Self-catering / short term lets 525 47.0% £50.00 £45,031
Total 7,564 £1.135m
1When forecasting the room rates used, it will need to be net of additional extras (e.g. food), include
whether accommodation is available 365 days a year or seasonal, and include the impact of exemptions.
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Guidance on the Visitor Levy for local authorities
14
6.   Where local data is difficult to come by, local authorities may wish to seek national level   
information from sources such as VisitScotland.
Forecasting ongoing costs of administration
7.   Under the Act, the administrative costs to a local authority of a VL scheme can be taken from the 
funds raised by a scheme.
8.   The local authority could base these costs on their experience of administering other local taxes, 
including enforcement activity, or from engagement with other municipalities in Europe with direct 
experience of administrating these types of taxes.
9.   Local authorities must annually report a VL scheme income from the period, the quantity spend, 
and the quantity used to support the administration of the visitor levy. For further information, see 
Chapter 22 Accounting.
Delegation of enforcement and collection
10.   The Act enables a local authority to delegate collection and enforcement functions. This allows it to 
put in place arrangements with a third party to handle these aspects in relation to a VL scheme. 
11.   A local authority could, therefore, perform the various collection and enforcement functions itself 
or make arrangements with another body (e.g. an administrative and professional services   
company) to carry out the administration of a visitor levy. Under the Act, a local authority can 
enter into an agreement with another local authority to carry out these functions, as is currently the 
practice for some elements of existing local taxes.
12.    Such collection activity might involve the processing of a combination of business data and   
personal data (in the context of a business), which will be in scope of the UK General Data   
Protection Regulation (GDPR). When contracting for such a service, the local authority will need 
to make sure that the contract is compliant with UK GDPR Article 28 (processor) and that each 
processor involved will support the local authority in upholding data subject rights.
Costs for local authorities setting up a VL scheme
13.   The up-front set-up and decision-making costs may need to be financed within existing local 
authority budgets; however, it should be borne in mind that these costs could be offset against 
future revenues raised through a VL scheme. It will be up to the local authority to decide how best 
this can be carried out.
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05
Early Engagement
Sands of Meal, Shetland©Euan Myles
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05  Early Engagement
1.  Local authorities considering introducing a VL scheme in their area are strongly recommended to 
undertake engagement around proposals for a scheme, prior to the consultation. Although not
statutory, this is considered, by the Expert Group, to be best practice. To assist with planning this
engagement an example is given on page 19 outlining the approach the City of Edinburgh Council
has taken.
2.  This approach will enable local authorities to bring forward proposals that are well understood
by those who will be paying, collecting and remitting the levy. It will also be a collaborative way to
help generate industry support for a VL scheme.
3.  Local authorities will have their own well-established processes and networks for engaging with
stakeholders. Local authorities should make use of these networks and processes, engaging
through them to develop proposals in advance of the consultation.
4.  The following chapter of the guidance outlines some key principles that local authorities should
consider when commencing early engagement. 
Context
5.    When developing approaches to early engagement, local authorities should first have an     
understanding of what is needed to bring forward a consultation. For the consultation the Act 
requires a local authority to prepare: 
a.  an outline of a proposed VL scheme 
b.  a statement about the objectives of the proposal, indicating how the authority intends to 
measure and report on those objectives 
c.  an assessment of the impacts of the proposal 
d.   a statement about the cases or circumstances where a visitor levy will not be payable or may 
be reimbursed  
6.  In order to establish this information, the local authority proposing a VL scheme will need to 
undertake a level of engagement, with relevant stakeholders, deemed appropriate to inform the 
consultation process. 
General principles
7.   The following ‘general principles’ will help guide local authorities focus early engagement to inform 
preparation for the required consultation. In particular these three areas are considered: 
a.  a scheme outline 
b.  scheme objectives 
c.  scheme impact 
Guidance on the Visitor Levy for local authorities
16
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Guidance on the Visitor Levy for local authorities
17
Scheme outline
8.  Local authority priorities: in developing an outline for a VL scheme, a local authority should 
identify its own priorities for its development and delivery. A local authority must have regard 
to, and align with, the principles of relevant local tourism strategies, as well as other related local, 
regional and national strategies, which are directly linked to the visitor economy. This should be 
considered before moving any further. The local authority should also take necessary   
steps to ensure all relevant individuals / departments within the local authority are sighted on early 
development of a VL scheme outline.
9.  Local stakeholders: in developing an outline for a VL scheme, a local authority should identify and 
engage with stakeholders who will have an interest in such a scheme. This interest can be a: 
a. business interest (they will be collecting and remitting the levy)   
b. resident interest (they may wish to know how the funds will be spent)   
c. tourism organisation interests (local and national tourism organisations with an interest 
in how the visitor levy will operate and funds be used, such as VisitScotland)   
d. other public body interests (such as national parks who will have an interest in a    
potential VL scheme)   
e. visitor interests   
f. or other interest (such as organisations who may be able to provide advice and support 
on the collection of a self-assessed levy, e.g. Revenue Scotland) 
Identifying the right stakeholders for this process will be easier if these stakeholders have been 
engaged through the existing tourism strategy process. Local authorities will have long-established 
networks and processes which they should be able to rely on when identifying stakeholders. 
10.   Engagement: once stakeholders have been identified, local authorities should make efforts to 
engage them in understanding their priorities. Simultaneously, local authorities should take this 
opportunity to test early thinking with these stakeholders.
11.   Scheme development: having done this early work, a local authority should be in a position 
to develop a scheme outline that is familiar to key stakeholders, is cognisant of their views,   
reflects the aspirations of the local tourism strategy, and other related local, regional and national 
strategies, which are directly linked to the visitor economy. 
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Guidance on the Visitor Levy for local authorities
18
Scheme objectives
12. Tourism strategy: in developing an outline for a VL scheme, a local authority should be able 
to draw a clear link to the objectives of its local tourism strategy and other related local, regional 
and national strategies. Having the objectives of the levy closely linked to this will allow the local 
authority to ensure that the VL scheme objectives link to wider strategic thinking on the visitor 
economy. 
13. Local authority priorities: local authorities should consider the priorities for their own areas and 
ensure that the stakeholders they engage with during early engagement, understand   
these priorities, so that a VL scheme’s objectives link to the wider work, and strategic focus of the 
local authority. 
Scheme impacts
14.  Assessment: local authorities are required to assess the impacts of their proposal as part of the 
consultation. In order to inform this process, we recommend that local authorities undertake 
work to identify impacts on: 
a. businesses collecting and remitting the levy 
b. visitors paying the levy 
c. communities who may benefit from the levy 
d. local authorities administering the levy
15.  Work to assess the impact of a proposed VL scheme should be undertaken openly and   
transparently, working with stakeholders appropriately. For more information, see Chapter 18 
Islands and Chapter 08 Equalities.
16.  Local authorities should engage with liable persons to develop awareness of the costs that   
will be incurred by a liable person collecting and remitting a levy at this stage of the process. 
Local authorities may wish to consider engaging with liable persons around possible options for 
addressing those costs, which could then be included as part of the statutory consultation   
process.
17.  Work will also be required to assess the potential income generated at an early stage. For further 
information, see Chapter 04 Forecasting.
18.  The following case study example may aid local authorities as they look to develop their early 
engagement approach.
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Guidance on the Visitor Levy for local authorities
19
City of Edinburgh Council Early Engagement
Over a significant period of time, City of Edinburgh Council has 
conducted engagement focusing on the below elements, which 
subsequently play a crucial role in shaping the development of   
their VL scheme:
• understanding the powers given by the new legislation - what  
choices a local authority can make, and the sequence of stages  
they need to follow
• access and knowledge of local data – to estimate the expected  
revenue receipts, as well as understand the range and diversity   
of the accommodation base in the area
• engage out – utilising existing networks to facilitate regular and  
frequent engagement with the sectors that will be impacted. For  
example, Edinburgh Strategic Implementation Group, Edinburgh  
Tourism Action Group, other business networks, businesses, visitors,
community councils and residents. This also included a visitor levy 
survey aimed at visitors and residents, generating almost 4,000 
responses
• engage in – identify the internal workstreams to implement the  
visitor levy, e.g. collections, enforcement, finance, media team  
and economy teams etc
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06
Consultation
Discover Scotland Event
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Guidance on the Visitor Levy for local authorities
21
06  Consultation
1.  Under the Act, a local authority looking to introduce a VL scheme must prepare and publicise an
outline of a scheme, a statement of a scheme’s objectives, and an assessment of the impacts of
the proposal. It should also include a statement about when a levy will not be payable or may 
be reimbursed.
2.  The Act requires a local authority to consult on a proposed VL scheme with those it considers
representative of communities, businesses engaged in tourism, and local tourist organisations.
Following the consultation, the local authority must prepare and publicise a report which
summarises the consultation responses, states whether or not the authority intends to proceed
with a scheme (or a scheme as modified in light of the consultation), and set out the authority’s
reasons for whether or not it intends to proceed.
3.  Guidance on consultation best practice can be found in Scottish Government Consultation Good
Practice Guidance, and it is recommended a local authority considering a consultation on a visitor
levy takes that guidance into account when developing and carrying out any consultation.
Proposed scheme
4.  Under the Act, a local authority must prepare and publicise: 
a.  an outline of the proposed scheme or (as the case may be) a scheme as it is proposed to be 
modified (“the proposal”)
b.  a statement about the objectives of the proposal, including how the authority intends to 
measure, and report on the achievement of those objectives
c.  an assessment of the impacts of the proposal in the authority’s area
d.  a statement about the cases or circumstances where a visitor levy will not be payable or may 
be reimbursed
5.  It is recommended that any proposal for consultation should cover all the elements required in
a scheme to allow for an appropriate level of input and discussion with stakeholders. For further
information, see Chapter 03 Required Content of a VL Scheme.
6.  In setting out a statement about the objectives of a proposed scheme, it is recommended local
authorities set out how they have considered a scheme will benefit the local visitor economy.
In reporting and measuring this a local authority could use existing mechanisms aligned to an
adopted local tourism strategy, and other related local, regional or national strategies which are
directly linked to the visitor economy.
7.  The local authority should also set out how it intends to capture the wider impacts of the proposal,
including the impacts on businesses, visitors and residents.
8.  Local authorities should have an existing awareness of the costs incurred by liable persons
collecting and remitting a levy through early engagement. See Chapter 05 Early Engagement for
more information. Where a local authority decides that assistance to a liable person in addressing
costs may be appropriate, possible options for this should be included in the consultation.
9.  The local authority should make documents relating to its consultation process available on the
local authority website, and at the local authority’s main office during normal business hours.
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Guidance on the Visitor Levy for local authorities
22
Consultation process
10.  The Act sets out a requirement to consult such persons as the authority considers to be
representative of communities, businesses engaged in tourism and tourist organisations in its 
area, and any such other persons the authority considers likely to be affected by the proposal.
11.  It is for the local authority to determine who the appropriate consultees may be in each
circumstance. In determining who to consult it may be useful for local authorities to reflect on the
make-up of the visitor economy in their own area and ensure those who will have an interest are
captured. Local authorities may consider the following interested parties:
a.  overnight accommodation businesses in the local authority area that may be responsible 
for collecting and remitting a proposed levy
b.  national, regional and local tourism organisations (including VisitScotland)
c.  local residents
d.  neighbouring local authorities
e.  visitors to the local authority area
12.  Where a proposed VL scheme area overlaps with an area designated as a National Park, the  
National Park authority must be consulted.
13.  In general, it is recommended that the local authority take steps, as it considers appropriate, for 
ensuring that adequate publicity about the proposal is given to persons likely to be affected by it.  
14.  It will be up to the local authority to determine how long it intends to run a consultation for. The
timescale chosen should reflect the complex nature of proposals, which relate to self-assessed
taxation, which will likely be new to both businesses, and local authorities. In general, it is
recommended that 12 weeks is an appropriate time for the formal consultation to take place.
15.  In considering timings for their consultation, local authorities should reflect on the legislative
requirement to allow at least 18 months to have passed between the date of the local authority’s
decision to introduce a scheme, and the date on which a scheme will come into force.
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Guidance on the Visitor Levy for local authorities
23
16.  Where a modification to a scheme is proposed, an implementation period of at least 18 months will
still apply if the modification:
a. expands a scheme area
b. increases the percentage rate(s) of the levy
c. or removes exemptions
Where other modifications are proposed, these may come into effect at a time of the local   
authorities choosing. This would follow the publication of the relevant consultation report. 
Consultation report
17.  The Act requires a local authority to prepare and publish a consultation report which: 
a. summarises the consultation responses received
b. states whether or not the authority intend to proceed with the proposal (or proposal as 
modified in light of the consultation)
c. sets out the authority’s reasons for whether or not it intends to proceed
18.  The local authority may also wish to include information on the number of consultation responses,
an overview of who responded to the consultation, and the local authority’s response to the points
raised in the consultation responses.
19.  Local authorities should carefully consider this report, and their response to the issues raised in
consultation, to demonstrate good decision-making in relation to the proposals, and the decision
to take forward a scheme, not take it forward, or take it forward adapted in light of the consultation.
20.  The consultation report should be published on the local authority’s website and at the local
authority’s main office during normal business hours.
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Bike Bute Hire
07
Implementation
Period
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25
07  Implementation Period
1.  As set out in the Act, a VL scheme will come into force at least 18 months after the date on which
the local authority publishes a report, summarising the consultation responses received, and
stating that it intends to proceed with the original proposal or a significant modification to a
proposal. This is the implementation period. It will be for the local authority to ensure they
communicate the beginning of the implementation period to relevant stakeholders. For further
information, see Chapter 02 Timeline and Chapter 20 Communication. 
2.  This implementation period must be at least 18 months and is intended to allow local authorities,
communities, and businesses to prepare for the introduction of a VL scheme, or to prepare for
upcoming changes to an existing VL scheme, as agreed to be introduced by the local authority.
3.  Within the implementation period, local authorities are encouraged to support key stakeholders,
including accommodation businesses collecting and remitting the levy, and community
organisations in conducting preparatory work ahead of a VL scheme coming into force. This
preparatory work will be important in ensuring an efficient start to a VL scheme. 
4.  Work conducted in the implementation period should include ensuring that key stakeholders
within the local visitor economy (including overnight visitors) are well informed of upcoming
changes associated with the VL scheme. This includes both key information associated with a
scheme, such as the percentage rate and geographic coverage, as well as information on the
objectives of a scheme, and any plans for the use of funds. For further information, see Chapter 
20 Communication.
5.  For accommodation providers, local authorities may wish to conduct more targeted engagement,
providing specific information on the technical aspects of a VL scheme. For further information, see
Chapter 05 Early Engagement.
6.   In this period, local authorities will need to communicate to businesses when they are expected
to begin charging and collecting the visitor levy. Local authorities can also set out to businesses,
expectations around remittance/return and payment of the levy, noting that this can only be done
for overnight stays that have been occupied in the reporting period.
7.  If, through early engagement and consultation, a local authority has chosen to take forward
measures to help mitigate costs to businesses as part of a VL scheme, the local authority should
take appropriate steps to communicate and implement those measures during this period.
8.  It should be noted that the above is not intended to be an exhaustive list of where, and how, local 
authorities should engage with accommodation providers throughout the implementation period.
It is anticipated that a successful VL scheme will see meaningful, and sustained engagement
throughout the lifetime of a scheme. For further information, see Chapter 21 Visitor Levy Forum. 
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Gaelic Sign, Plockton
08
Equalities
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08  Equalities
1.  The Act does not place specific equality duties on a local authority in relation to a VL scheme.
However, as public bodies there are requirements related to equalities that will impact on a local
authority as it develops, introduces, and administers a VL scheme. 
2.  It is therefore recommended that local authorities planning to introduce or modify a VL scheme
start by considering duties and requirements placed on them under existing legislation, such 
as the Public Sector Equality Duty, as contained in the 2010 Equality Act, and the 2010 Equality 
Act (Specific Duties) (Scotland) Regulations 2012, as amended. These pieces of legislation require
local authorities to: 
a.  report on mainstreaming the equality duty
b.  publicise equality outcomes and reporting progress
c.  assess and review the equality impact of policies and practices
d.  ensure publication of reports and data on equalities is accessible
3.  Through adhering to the duties outlined in the Equality Act 2010 and the Equality Act 2010
(Specific Duties) (Scotland) Regulations 2012, as amended, it is believed that local authorities can
mitigate the potential for equalities-related issues to occur within the design, implementation, and
modification of a VL scheme.
4.  However, it is also recommended that local authorities further consider the potential for equalities
issues to arise in the implementation or modification of a scheme.
5.  Specifically, some of the conditions which are used to define exemptions from the levy charge as
set out in Chapter 17 Exemptions, are considered Special Category data. When this is the case, each
controller will need to ensure that their processing activities for the administration of exemptions,
and associated reimbursements, have an appropriate UK GDPR Article 6 lawful reason for
processing, accompanied by an appropriate exemption under UK GDPR Art 9 (Processing of special
categories of personal data). Similar consideration should be given to local exemptions should a
local authority seek to bring any forward.
6.  It is recommended that local authorities actively consider equalities-related issues with regards
to the accessibility of messaging and communication. Under existing legislation local authorities
are required to ensure that reporting on equalities is accessible. It is recommended that when
publishing and communicating with regards to the implementation or modification of a VL scheme,
local authorities follow best practice in this area.
7.  Due to the potential impact of a VL scheme on a wide range of stakeholders, including visitors
speaking different languages, local authorities may wish to further consider the demographic
profile of those impacted by a VL scheme (such as residents, businesses or overnight visitors) in
messaging and communication.
8.  It is recommended that local authorities actively consider the potential for equality-related issues
to arise within the consultation process, including when determining consultees, publicising a
consultation, and publishing the results through a consultation report.
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Rhoderick Dhu Viewpoint,
Loch Lomond and Trossachs National Park
09
Scheme Publication
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09  Scheme Publication
1.  Once a local authority has agreed to proceed with the introduction of a VL scheme in its area, it
must publish its decision to do so. The Act requires a local authority to:
a.  notify Scottish Ministers of its decision to introduce a VL scheme
b.  publicise its decision to introduce a VL scheme and the date on which a VL scheme will 
come into force
When to publish
2.  The Act requires a local authority to publicise a scheme “as soon as reasonably practicable”. It is
recommended that this publicity takes place no later than two months after the local authority’s
decision to proceed.
Notifying stakeholders
3.  The Act requires a local authority to notify Scottish Ministers of its decision to introduce a VL
scheme. A local authority may wish to consider how best to communicate the decision to introduce
a VL scheme with other stakeholders.
4.  In particular, a local authority will need to consider how best to notify those accommodation
providers who will be collecting and remitting the levy. Consideration will also be needed on how
best to notify accommodation providers of the transitional arrangements for a VL scheme, in
particular which bookings made during the implementation period will be liable for the levy. For
further information, see Chapter 20 Communication.
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10
Calculation
of a Levy
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10  Calculation of a Levy
1.  The Act sets out the calculation to be applied in determining the amount of a visitor levy that is to
be collected and remitted to the local authority. This calculation multiplies the accommodation
portion of the transaction by the percentage rate set by the local authority.
2. There is no statutory cap on the maximum number of nights that an overnight visitor would be
required to pay a visitor levy. However, a local authority may wish to consider creating a local cap in
its VL scheme. This cap could be in the form of a monetary value or represent a maximum number
of nights on which the levy applies.
3. In applying a local cap, local authorities should work with stakeholders to consider the impact this
would have on visitors, businesses, and potential revenue. For further information, see Chapter 04
Forecasting. The rationale behind the development of a maximum cap should correspond with the
objectives of the VL scheme, and local authorities will need to consider the impact of a cap on the
administration of a VL scheme. 
4. Under the Act, the accommodation portion refers only to the amount of the chargeable transaction
that is attributable to the provision of the overnight accommodation. Examples of what this does
not include are: 
a.  meals or drinks
b.  parking for a vehicle
c.  laundry facilities or services for guests
d.  entertainment
e.  leisure facilities
f.  transportation to and from the accommodation
5. To aid in the calculation of a levy, it is recommended that local authorities ensure that an
appropriate amount of information is provided by the liable person to validate figures submitted
in the return. Similarly, it is recommended that local authorities provide liable persons with
appropriate support. The powers available to local authorities to obtain this information are set
out in section 73 and 74 of the Act. For further information, see Chapter 16 Remittance, Chapter 14
Assistance for Liable Persons and Chapter 07 on Implementation Period.
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Disability exemption
A visitor has booked a hotel room for three nights at a total cost of £150 for the
accommodation portion of the transaction. The visitor booked the room directly via the
hotel website. The local authority has set a visitor levy charge at 4%. The visitor is in receipt
of Disability Living Allowance payments as specified in Section 14 of the Act and is therefore
exempt to pay the levy charge (they may still have to pay and be reimbursed). If the local
authority chooses to operate exemptions via a process of reimbursement, the following
calculation applies: £150 x 4%. As a result, the amount of levy chargeable by the individual
to the accommodation provider would be £6, and the accommodation provider would
subsequently remit this £6 payment to the local authority.
In this example the local authority has put in place a reimbursement process. Therefore,
following the completion of their stay, the visitor in receipt of specified disability
allowance payments would follow the steps outlined by the local authority to receive a £6
reimbursement from the local authority. If this reimbursement application is successful, the
final amount of levy charge retained by the local authority would be £0.
If a visitor in receipt of one of the payments outlined in Section 14 of the Act is part of a larger
group of overnight visitors, including visitors not covered by Section 14 of the Act, the local
authority will decide how calculations to determine levy liability are conducted.
For further information, see Chapter 17 Exemptions. 
Seasonal rate setting
As set out in Section 14 of the Act, local authorities have the power to apply a visitor levy
charge at certain times of the year, this includes applying different percentage rates at
different times of the year. This must be set out in the content of the VL scheme produced by
the local authority following the consultation. Examples of how this may operate in practice
are set out below:
• A visitor has booked self-catering accommodation for a total of seven nights at a total
cost of £490 for the accommodation portion of the transaction. The visitor booked the
accommodation via an online booking platform. The visit is taking place in March. The
VL scheme operated by the local authority only applies a levy charge of 2% in the period
of January to April. The following calculation therefore applies: £490 x 2%. As a result,
the total amount of levy to be collected and remitted to the local authority would  
be £9.80.
• Another visitor has booked the same accommodation, via the same online booking
platform, for a total of five nights at a total cost of £425. This visit is taking place in July.
The VL scheme operated by the local authority applies an increased percentage rate
during June to September of 5%. The following calculation therefore applies: £425 x 5%.
The total amount of levy to be collected and remitted to the local authority would  
be £21.25.
6. The following examples may aid local authorities and accommodation providers in calculating 
a levy:
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Guidance on the Visitor Levy for local authorities
33
Bed and breakfast
Visitor C stays in bed and breakfast accommodation for a total of six nights at a cost of
£480. This total cost includes breakfast supplied by the accommodation providers. The
local authority has a set a visitor levy charge at 3%. However, the levy only applies to the
accommodation portion of a transaction. The accommodation provider calculates that the
cost of the breakfast per day is £6. This amounts to £36 for the duration of the stay. For the
purposes of calculating the levy charge, this amount is therefore deducted from the total
cost paid by the visitor. The following calculation therefore applies: (£480 – (£6 x 6)) x 3%.
The total amount of levy to be collected and remitted to the local authority would be £13.32.
Hotel
Visitor D stays in a hotel for five nights at a total cost of £250 for the accommodation portion
of the transaction. The local authority has set a visitor levy charge at 5%. The calculation to
determine the levy amount chargeable can therefore be represented as follows: £250 x 5%.
The amount of levy to be collected and remitted to the local authority would be £12.50.
Visitor E stays in a hotel for three nights at a total cost of £600 for the accommodation
portion of the transaction. The local authority has set a visitor levy charge at 4% but has
introduced a maximum monetary cap on the levy of £20 per stay. The calculation to
determine the levy amount chargeable can therefore be represented as follows: £600 x 4%.
The calculation of the levy is therefore £24. However, because of the maximum monetary
cap applied by the local authority, the overall amount of levy to be collected and remitted to
the local authority would be reduced to £20.
Self-catering
Visitor F stays in self-catering accommodation for 14 nights at a cost of £120 per night for the
accommodation portion of the transaction. The local authority has set a visitor levy charge
at 3% and has applied a local maximum cap on the number of nights at seven consecutive
nights. The cost of the accommodation portion relevant to the calculation is therefore
reduced from £1,680 to £840. As a result, the calculation to determine the levy amount
can be represented as follows: £840 x 3%. Overall, the amount of levy to be collected and
remitted to the local authority would be £25.20.
Package booking
Two visitors have booked a package holiday. This package holiday is for a period of seven
nights over multiple locations within the same local authority area: two nights in town A, two
nights in town B, and three nights in town C. The package holiday was booked at a total cost
of £3,500 (£1,750 per person). This cost includes accommodation, breakfast, transport and
excursions. The local authority has set a visitor levy charge at 5%, however this charge only
applies to the accommodation portion of the transaction. For the purposes of calculating
the levy, costs for breakfast, transport and excursions are deducted from the total cost paid
by the visitor. For the visitors stay, this can be worked out as:
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Guidance on the Visitor Levy for local authorities
34
• The cost of breakfast per day is £8 per person. This amounts to £56 per person 
for the duration of the stay. For the two visitors, £112 is therefore deducted   
from the total cost paid upfront. 
• The cost of transport between town A and town B is £3.50 per person, this   
amounts to £7.50 in total. The cost of transport between town B and town C is 
£12 per person, this amounts to £24 in total. The cost of transport from town C 
back to town A is £16 per person, this amounts to £32 in total. For the two   
visitors £63.50 is therefore deducted from the total cost paid upfront.
• The visitors participated in excursions on four of the days during their stay. This 
was calculated by the accommodation provider to amount to a total cost of   
£120 per person. For the two visitors £240 is therefore deducted from the total 
cost paid upfront.
• When calculating the levy to be paid for by the two visitors, the following   
calculation therefore applies: (£3,500 – (112+63.50+240)) x 5%. The total   
amount of levy chargeable to the local authority would subsequently   
be £154.23.
VAT
7.  Any amount charged by an accommodation provider for the visitor levy will be included in their
turnover, which is used to determine if they need to register for VAT. It is at the discretion of the
local authority to include or exclude businesses that fall below the VAT threshold from a VL scheme.
8.  In the UK, VAT is charged at 20% on the price paid for the supply of taxable goods or services,
including other taxes, levies and charges. In the case of the visitor levy, when an accommodation
provider includes a visitor levy in the cost of the overnight accommodation, then this will form part
of what is paid under a contract for the supply of accommodation. This portion of the visitor levy
will be subject to the same VAT liability as the accommodation.
9.  Where an accommodation provider is VAT registered, it is recognised that there may be variations in
the way in which accommodation providers (or booking agents) display accommodation charges
to the customer.
10.  The table below sets out an example of a levy calculation and associated financial information for
VAT registered and non-VAT registered businesses.
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VAT calculation (according to current rates)
In this example, an accommodation provider has an accommodation charge of £100
(excluding VAT). With a 5% visitor levy, the calculation is presented below:
Table 3: VAT calculation
VAT Registered Non-VAT Registered
Accommodation charge* £100.00 £100.00
Levy 5% £5.00 £5.00
Total taxable supply £105.00 -
VAT on accommodation charge £20 -
VAT on visitor levy charge £1 -
Total VAT £21.00 -
Total cost to customer £126.00 £105.00
Cost breakdown
Income to accommodation
business £100.00 £100.00
Local authority levy remittance £5.00 £5.00
VAT payment to HMRC £20 + £1 = £21 -
Total £126.00 £105.00
*this excludes the non-accommodation portion of the chargeable transaction
Continuing to use the example above, at the end of the remittance period, based on 200
room nights sold at a cost of £100 per room, £1,000 will be payable by the accommodation
provider to the local authority for the visitor levy.
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This example is based on 200 room nights sold at a cost of £100 per room.
Table 4: VAT calculation
VAT Registered Non-VAT Registered
Accommodation charge * £20,000 £20,000
Levy 5% £1,000 £1,000
Total taxable supply £21,000 -
VAT on accommodation charge £4,000 -
VAT on visitor levy charge £200 -
Total VAT £4,200 -
Cost breakdown
Local authority levy remittance £1,000 £1,000
VAT payment to HMRC £4,000 + £200 = £4,200 -
11.  It is recommended that when conducting communications and publicity as part of the consultation
and implementation of a VL scheme, local authorities ensure that the method by which a levy is
calculated is made clear to all stakeholders. The efficient operation of a VL scheme relies on a clear
understanding on behalf of accommodation providers, visitors, and the local authority regarding
how a levy is calculated, and the amount of levy which should be returned to the local authority. 
12.  There may be instances where there is disagreement on the results of a levy calculation. For
example, this may occur when determining the exact amount of the chargeable transaction which
can be reasonably attributable to accommodation costs. In particular, where this accommodation
cost forms part of a bundle with other elements such as food, parking, or other activities. As set out
in the Act, any amounts for other elements need to be “reasonably attributable”. Where a dispute
between a local authority and accommodation provider occurs, local authorities should follow
a dispute resolution process, in line with existing arrangements and good practice, with regards
to other local taxes such as council tax. It is recommended that local authorities use the early
engagement period to identify and resolve potential disputes.
13.  Overnight accommodation providers can also request an internal review by a local authority,
requesting that it looks again at a decision related to their visitor levy liability. For further
information, see Chapter 26 Internal Reviews and Appeals.
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Lochrin Basin, Edinburgh
11
Rate Setting
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11  Rate Setting
1.  When seeking to introduce a VL scheme, the Act requires local authorities to set the percentage rate
that the levy will be charged at and publicise this as part of the outline of the proposed scheme. For
further information, see Chapter 03 Required Content of a Visitor Levy Scheme and Chapter  
06 Consultation.
2.  It will be for the local authority to determine the percentage rate to suit local circumstances.
3.  This rate may be different for different purposes or different areas within the local authority area. As
outlined in the Act, a local authority could, for example, set different rates in relation to particular
events. However, different rates cannot be set for different types of overnight accommodation. 
4.  This rate applies only to the cost of overnight accommodation and not for additional elements,
which may be included in a total price, such as food or entertainment. For further information, see
Chapter 10 Calculation of a Levy.
5.  The Act gives local authorities discretion over the rate that can be charged, with no explicit cap.
However, Scottish Ministers retain the power to set a maximum percentage rate for any visitor levy
in Scotland, subject to a required consultation and agreement by the Scottish Parliament.
6.  When considering what percentage rate a VL scheme should be set at, it is important that local
authorities consider circumstances both within the local area, and in neighbouring authorities. It is
recommended that local authorities consider key local factors, such as: 
a. the performance of the local visitor economy
b. the demographic profile of overnight visitors 
c. accommodation stock
7.  It is important that, when starting work on setting a percentage rate, local authorities also consider
the outcomes of prior work conducted on forecasting the level of funding a visitor levy could
generate. Accurate forecasting is crucial to understanding the viability of a VL scheme. It is therefore
important that work conducted on setting a percentage rate takes account of the estimated
revenue, which could be generated by different rates, and its relation to setup and ongoing
administrative costs. For further information, see Chapter 04 Forecasting. 
8.  It is recommended that when setting a percentage rate, local authorities consider how the potential
revenue generated by a specific rate meets the goals regarding the planned use of funds, as set out
in the consultation, and how the use of funds links to the statement of objectives for a VL scheme.
For further information, see Chapter 12 Use of Funds. 
9.  It is recommended that local authorities also consider the impact of a VL scheme on related bodies,
such as National Parks. The Act requires that local authorities include the National Park authority
in any consultation on a VL scheme, if the area in which a VL scheme would operate overlaps with
that of the National Park.
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10.  It is recommended that, when conducting work on rate-setting, local authorities also consider
the rate-setting for visitor levies in neighbouring authorities and other relevant international
destinations. 
11.  Once a percentage rate has been set by a local authority, it is recommended that local authorities
explicitly set out the rationale for the chosen rate. This could be achieved through meeting
existing requirements regarding publicity or communications associated with the introduction
or modification of a VL scheme. For further information, see Chapter 09 Scheme Publication and
Chapter 20 Communication. 
12.  It is recommended that the rationale for the chosen percentage rate is linked to the outcomes
sought by the local authority for the local area, and the proposed use of funds as set out in prior
communications and reports produced by the local authority. 
13.  As set out in Chapter 24 Review of a Visitor Levy Scheme, local authorities must complete a review
of their VL scheme before the end of the three-year period beginning with the date on which a
scheme came into force. A review should be completed before the end of each subsequent three-
year period. When planning the review of a scheme, local authorities will wish to be mindful of
the requirement for consultation and implementation period (minimum of 18 months) prior to
implementing a significant modification to their VL scheme.
14.  Once a VL scheme is in place, the Act allows a local authority to increase or decrease the levy rate.
Different rules apply if a local authority is looking to increase or decrease the percentage rate: 
a. Increasing the levy rate: if a local authority decides to increase the levy rate, this qualifies 
as a significant modification under the Act. As such, once the formal decision has been 
made by the local authority to increase the percentage rate, informed by the required prior 
consultation and a report on the consultation findings, an implementation period of at least 
18 months must take place before this modification is implemented.  
b. Decreasing the levy rate: if a local authority decides to decrease the levy rate, this does 
not require an implementation period, but the required prior consultation and a report on 
the consultation findings must be carried out. 
15.  A local authority may specify a maximum number of consecutive nights a levy can be charged. This
maximum can only be applied after consulting:
a. representatives of communities and businesses engaged in tourism and tourist   
organisations
b. other persons as the local authority considers appropriate
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12
Use of Funds
Aberdeen Art Gallery
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Guidance on the Visitor Levy for local authorities
41
12  Use of Funds
1.  The Act requires a local authority operating a VL scheme to use the net proceeds of a scheme for
certain specified purposes. Those purposes are that the funds must facilitate the achievement of a
scheme’s objectives and that they should develop, support and sustain facilities and services for or
used by visitors to a local authority area for leisure or business purposes.
.
2.  This places parameters within which funding from a visitor levy can be used, whilst also recognising
the importance of local decision making by local authorities. This will mean facilities and services
which are used by residents, as well as visitors, could receive funding from a visitor levy, depending
on the local authority’s assessment of whether the facility or service is substantially used by
visitors.
3.  A local authority will also need to consult with representatives of communities, businesses engaged
in tourism, and tourist organisations on the use of the funds raised by a levy. A local authority will
also have to have regard to any local tourism or other relevant local, regional or national strategy
which are directly linked to the visitor economy, when considering how best to use the funds
raised. For further information, see Chapter 06 Consultation.
4.  Local authorities are required to maintain separate accounts for the money received under the VL
scheme. In doing so, local authorities may also wish to consider the use of funds over a number of
years or as capital spending. For further information, see Chapter 22 Accounting.
General principles
5.  Net proceeds raised from a visitor levy must only be used to support the objectives of a VL
scheme, or otherwise relate to developing, supporting or sustaining facilities or services which are
substantially for or used by persons visiting for leisure or business purposes. The objectives of a VL
scheme must themselves relate to developing, supporting or sustaining facilities or services which
are substantially for or used by persons visiting for leisure or business purposes.
6.  To understand how VL scheme objectives can relate to this, local authorities should have a well-
developed understanding of the visitor economy in their area. In this regard, the Act requires local
authorities have ‘regard to its local tourism strategy (if any)’.
7.  It is important for local authorities to clearly set out how the use of the funds will develop, support
and sustain the local visitor economy in line with a local tourism strategy, and other related local,
regional or national strategies. 
8.  Aligning the use of funds with agreed tourism strategies will assist the local authority in making
funding decisions that will add value to the local visitor economy, and benefit communities and
residents. 
9.  This approach will allow local authorities flexibility to shape their spending to align with the
delivery of those strategies which have already been consulted on and agreed by relevant
stakeholders.
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Guidance on the Visitor Levy for local authorities
42
10.  A local authority may wish to review the strategic landscape of their visitor economy to ensure they
have strategies which are relevant and fit for purpose, in the context of how best to use the funds
raised from a visitor levy. In doing so, the local authority may choose to review the local tourism
strategy and consider whether it needs to be refreshed in anticipation of a visitor levy (at early
engagement stage) or create a tourism strategy where one does not already exist. There are many
other related strategies which should be considered in this context. These include, but are not
limited to:
a. local economic strategies
b. regional economic strategies
c. Scotland Outlook 2030, Scotland’s national tourism strategy
d. related local, regional and national strategies, such as events (Scotland: The Perfect   
Stage) or culture (A Culture Strategy for Scotland)
e. National Park Plans (if applicable)
f. tourism focused Business Improvement District Plans (if applicable)
g. infrastructure and visitor management plans, such as Strategic Tourism Infrastructure
Development of plans
11.  The Act also requires the local authority to consult ‘from time-to-time’ in relation to the net
proceeds of the levy. Providing stakeholders with early opportunities to engage on how the funds
will be spent will help foster support for a scheme. Ultimately, the timings for a consulting process
on the use of funds will be for the local authority to decide, taking into consideration their own
priorities and the sectors’ capacity to engage during traditional peak periods. For example, local
authorities may wish to conduct consultation where changes are proposed to the use of funds
following a review or significant modification to a scheme. 
12.  Facilities and services which are used by residents, as well as visitors, could receive funding from
a visitor levy, depending on the local authority’s assessment of whether the facility or service is
substantially used by visitors and whether it will lead to a positive impact on the visitor economy.
For further information regarding what services or facilities a local authority could choose to
allocate funds towards, local authorities may wish to see the case study examples provided via the
link below.
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13.  In the process of assessing whether net proceeds to develop support and sustain a facility or
service will meet the objectives of a scheme, the local authority may wish to satisfy itself that the
use of net proceeds from the levy:
a. is for the direct benefit of people visiting the area for the purposes of leisure/business and 
will safeguard or enhance the visitor experience
AND/OR
b. is for the indirect benefit of people visiting the area for the purposes of leisure/business and 
will help to safeguard or enhance the visitor experience
AND
c. supports the delivery of objectives in the local, regional, or national tourism strategy
14.  How the net proceeds of a scheme have been used and the performance of a scheme in relation
to its objectives must be included in the annual report for a scheme. For further information, see
Chapter 23 Annual Reporting.
15.  The Visitor Levy Forum established by the local authority will need to be engaged with regarding
the use of funds given the important role the Forum plays in providing a means for ongoing
engagement on a VL scheme. The Forum will discuss and advise the local authority on the use of
funds from a VL scheme. For further information, see Chapter 21 Visitor Levy Forum.
16.  To aid transparency around how the funds are being used, local authorities are encouraged to
consider applying various means to communicate this information to the public, including visitors
and businesses. In particular, local authorities may want to consider the publication of fund
expenditure on its website.
Case study examples
17.  A bank of case study examples on various aspects of the visitor levy is being developed and
updated here. Local authorities considering how best to make use of funds accrued from a visitor
levy are encouraged to reflect on the examples from time-to-time. 
Timeline
18.  Local authorities will want to consider how they wish to use the net proceeds of a visitor levy at the
earliest opportunity. How the funds are used in relation to the objectives of a scheme will then be a
key measure of the success of a scheme.
19.  On an annual basis the timing and value of levy income received may vary from that forecasted,
and in turn proposals for use of funds may need revised. Therefore, local authorities will need to
ensure their mechanisms around use of funds can accommodate such circumstances. Revisions
to proposals for the use of funds may also be required where there is an external shock to local
authority finances such as a global or national event outwith the local authority’s control. Decisions
on such revisions should adhere to the established process for use of funds in the VL scheme. 
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20.  The following sets out the points at which a local authority should be considering or acting in
relation to the use of funds. 
a. Tourism strategy: a local authority should have regard to, and align with, the objectives 
of relevant local tourism strategies, and other related local, regional and national strategies 
which are directly linked to the visitor economy.
b. Early engagement: this represents an opportunity to engage with key stakeholders on how 
the funds might be used. 
c. Consultation: as part of this process the local authority will need to set out its objectives 
for a scheme, this should include how it intends to use the funds. Stakeholders will then 
have an opportunity to comment on these proposals.`
d. Implementation period: this would be an ideal opportunity for the local authority to 
continue engagement with the public, including visitors and businesses, on how the funds 
will be used. 
e. Visitor Levy Forum: the Forum must be involved where the local authority has a duty to 
carry out a consultation. This includes around any proposed changes to where the use of 
funds from a VL scheme will be spent. 
f. Publication: local authorities may wish to publicise how the funds are being spent on an 
ongoing basis. This would aid transparency for those paying and collecting the levy. 
g. Annual reporting: the local authority is required to report on a scheme annually, including 
on how the net proceeds of a scheme have been used. 
h. Review of a scheme: local authorities with a scheme will be required to review that scheme 
every three years. As part of this process a local authority should consider how it is using the 
funds and any potential changes it may want to make. 
i. Ongoing consultation: the Act requires local authorities to consult from time-to-time on 
the use of the funds. Local authorities should consider how best, and how often to do this 
according to their own circumstances.This should take into account the ability of the    
tourism sector to engage during busy peak periods, as well as the need to have regard to 
a local tourism strategy, and other related local, regional or national strategies. As part of 
this requirement local authorities are obliged to consult with a National Park authority 
where all or part of a scheme overlaps with the area of a National Park. The local authority 
should also have regard to the National Park Plan for that Park.
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13
Liable Persons
Jedburgh Abbey
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13  Liable Persons
1.  Under the Act, the accommodation provider is the ‘liable person’ as defined by the Act and
becomes so when a visitor purchases overnight accommodation.
2.  The Act requires that the liable person fulfil certain duties as part of this role. Accommodation
providers will have to collect the levy from overnight visitors, remit this to the relevant local
authority (which can be done via a third party such as a booking platform) and are responsible
for making sure that suitable records and returns are made and kept. When considering retention
periods in relation to a VL scheme, it is recommended that local authorities build on best practice
and existing regulation in relation to local taxation. The liable person is also responsible for the
payment of penalties, if applicable. For further information, see Chapter 25 Compliance. 
Third parties
3.  Under the Act, accommodation providers can enter into arrangements with third parties, such as
online booking platforms, tour operators, or destination management companies (DMCs) to collect,
remit and pay the visitor levy to the relevant local authority. It will be for the accommodation
provider and the relevant third party to come to an agreement, however, third party arrangements
for remittance will require local authority consent. There is no obligation on the local authority to
offer advice, but it may choose to do so. The accommodation provider remains the liable person in
ensuring the completion of these duties.
Common scenarios for liable persons
4.  It is recommended that local authorities consider a range of common scenarios faced by
businesses associated with the purchase of overnight accommodation, which have the potential
to cause confusion regarding the status of the liable person. It is anticipated that questions related
to these scenarios may be raised by stakeholders following the implementation of a levy and the
local authority may wish to provide guidance or support in these (and other areas). For further
information, see Chapter 14 Assistance for Liable Persons. Potential examples are provided below:
a. Refusal to pay: there may be cases where a visitor who attempts to purchase overnight 
accommodation refuses to pay the visitor levy. This may occur where a visitor attempts to 
purchase overnight accommodation at the point of entry to the accommodation premises 
and not in advance of travel. In this scenario, the accommodation provider would remain 
the liable person, and could choose to cancel the booking or absorb the cost of the   
visitor levy.
b. Cancellations: accommodation providers often experience cancellations. Where a   
cancellation happens on a booking that is pre-paid in advance, the business should refund 
the levy to the visitor and not remit it back to the local authority. For a visitor levy to be 
remitted to a local authority, a visitor is required to have entered the overnight   
accommodation and purchased the right to reside in the overnight accommodation for 
a period specified in Section 3 of the Act, which is paid for. If no payment of a levy from 
the visitor to the accommodation provider has taken place before the cancellation, no 
refund is required. In both cases, there would be no liable person as the visitor levy would 
not apply.
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c. Refunds: accommodation providers may be required to provide refunds to overnight 
visitors. If a visitor has entered overnight accommodation for the period defined as a night 
in Section 3 of the Act but is provided with a refund by the accommodation provider, the 
visitor levy charge would still apply, and the accommodation provider would remain the 
liable person. Refunds issued to the customers who have already stayed in the   
accommodation would not automatically include the levy already paid by the visitor, and 
the liable person would still be required to pay the levy – unless otherwise specified by the 
local authority.
d. Transitional provision: the visitor levy must not be charged where accommodation has 
been contracted prior to the date on which a local authority formally announces its   
intention to introduce a VL scheme. However, if a visitor or tour operator books overnight 
accommodation after a formal local authority decision to introduce a visitor levy has   
been agreed, and the date of the overnight stay is after the date on which a VL scheme 
is to come into force, the visitor levy would apply, and the accommodation provider   
would remain the liable person. It will be for the local authority and businesses to consider 
arrangements for collecting a levy from bookings made after the VL scheme comes into 
effect but before accommodation providers have put a system in place. In considering 
these arrangements, local authorities should be aware of the long lead in times that some 
businesses have in contracting accommodation bookings. Some examples include, but are 
not limited to:   
i. tour operators
ii.      destination Management Organisations
iii.     conferences and other business events
iv.     sporting and cultural events
When engaging with these businesses, local authorities should be aware that representative 
bodies of such organisations may not be based in the local authority area.
Data protection
5.   A high proportion of accommodation businesses in Scotland are small and operated by sole
traders (a “natural person”) as opposed to an established legal entity such as a Limited Company
(a “legal person”). As such, certain items of information which might usually be processed by a
local authority in the normal course of operations which would be treated as “business data” could
actually be considered as “personal data” in the context of Article 4 (1) of the GDPR.
6.   In these cases, data about the business run by a sole trader can directly or indirectly identify
that individual. Which means that Articles of the UK GDPR are relevant to the processing activity
involved and each individual will have rights, which must be upheld when processing such
data. There will also be additional obligations for each local authority in terms of Article 5 (data
protection principles), Articles 12-22 (data protection rights), Article 25 (data protection by design
and default), Article 28 (processor), Article 79 (right to an effective judicial remedy), Article 80
(representation of data subjects) and Article 82 (right to compensation and liability) - this list is for
illustrative purposes and is not intended as an exclusive or definitive list.
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14
Assistance for
Liable Persons
Mull of Galloway Lighthouse
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14  Assistance for Liable Persons
1.  There is no statutory requirement for a local authority to provide any specific form of assistance
to liable persons. This chapter suggests several areas where local authorities may choose to
assist liable persons. However, the form this assistance takes will be based on local needs and
circumstances, and the ultimate decision on whether to provide assistance to liable persons, will
be decided by the local authority.
2.  Where local authorities do choose to provide assistance to liable persons within a VL scheme,
this may result in a range of benefits. This may include higher levels of compliance, a reduction in
potential disputes, and a more efficient VL scheme overall.
3.  Assistance to liable persons could take place across the following key areas of a VL scheme:
a. Remittance: in order for a VL scheme to operate successfully, accommodation providers should
have a clear understanding of how they are able to make returns to the local authority. This
includes the required content of the returns, the agreed reporting period, and the manner by
which a return is made. For further information, see Chapter 16 Remittance.
b. Exemptions: prior to the introduction of a VL scheme, it is crucial that accommodation
providers have a clear understanding of how exemptions will operate. This includes knowledge
of who is exempt, the evidence required by the overnight visitor, and how the local authority
has chosen to administer exemptions. For instance, if the local authority chooses to administer
exemptions via a process of reimbursement, accommodation providers should be provided
with information as to how overnight visitors can apply for reimbursement from the  
local authority. 
c. Enforcement and compliance: it is important that accommodation providers have knowledge
of the powers available to local authorities where they fail to comply with the requirements of
a VL scheme. This includes an understanding of specific timescales, any penalty charges set
by the local authority, and what may constitute a reasonable excuse for non-compliance. For
further information, see Chapter 25 Compliance.
d. Billing: accommodation providers could also be provided with key information relating to how
overnight visitors should be invoiced. For further information, see Chapter 15 Billing.
e. Business costs: local authorities should be mindful to the costs incurred by liable persons as
they make changes to comply with a VL scheme. Local authorities should have an existing
awareness of these costs as part of engagement with liable persons conducted at the early
engagement, statutory consultation and implementation period stages. See Chapters 05 Early
Engagement, 06 Consultation and 07 Implementation Period for further information. There are
various means through which a local authority may wish to assist liable persons in addressing
costs associated with set up and operation in accordance with a VL scheme. It is recommended
that in making a decision about business costs, local authorities should assess the impact this
assistance could have on both liable persons and the local authority.
4.  This chapter will be updated further to reflect the experience of local authorities and liable persons
following the introduction of VL schemes.
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15
Billing of Overnight
Accommodation
Princes Street, Edinburgh
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15  Billing of Overnight Accommodation
1.  At an early stage, in preparation for the introduction of the levy, it is strongly recommended that
local authorities work closely with accommodation providers to establish what, if any, booking and
invoicing systems are currently used by businesses, and how invoicing is handled.
2.  It is important to remember that accommodation businesses use a variety of systems to manage
bookings and produce invoices. Point of sales systems and property management systems will
need to be modified to calculate and display the tax. These systems are provided by third parties
and modification will incur charges for the business, as system reports will need to be enhanced to
calculate and evidence the charge.
3.  Therefore, there will need to be clarity early on as to how the invoicing process will need to work
together with reporting required by local authorities.
4.  Smaller accommodation providers might not use a digital service. In such cases, local authorities
may need to consider how to support those businesses towards adopting an updated process.
Alternatively, local authorities will need to ensure that paper-based invoicing and reporting can be
accepted on request. For further information, see Chapter 16 Remittance.
5.  When agreeing the invoicing format, consideration must be given to the interplay with the Digital
Markets, Competition and Consumers Act 2024, which will provide protection to consumers on the
display of pricing and The Price Marking Order 2004.
6.   Local authorities will need to advise accommodation providers when they should begin charging
and collecting the levy.
7.  Local authorities have the ability to audit accommodation providers where they consider
necessary. This may include requesting additional information to support a liable person’s return
to the local authority.
8.  Scottish Ministers have the power to set out in regulations requirements for the billing of overnight
accommodation with respect to the chargeable transaction. At the time of publication no
regulations on billing have been made.
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16
Remittance
Belladrum Tartan Heart Festival
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16  Remittance
1.  As part of the operation of a VL scheme, the Act requires liable persons to make returns to the
relevant local authority. These returns allow a local authority to monitor and administer a VL
scheme. For further information, see Chapter 13 Liable Persons.
2.  Returns are expected to be made to local authorities on a regular basis, with the exact form and
content of these returns up to the discretion of the local authority. However, under the Act, these
returns must: 
a. include an assessment of the amount of the levy payable in respect of the relevant period 
and each premises where the liable person is the accommodation provider 
b. be made before the end of the period of 30 days beginning with the end of each relevant 
period (either each quarter or a period specified by the local authority in a VL scheme)
3.   Local authorities can also set out to businesses, expectations around remittance/return and
payment of the levy, noting that this can only be done for overnight stays that have been occupied
in the reporting period.
4.  When developing a VL scheme and considering how returns are made, on what basis returns are
made, and the content of these returns, local authorities are encouraged to actively consider the
varying capacities of businesses in the local area. It is important that the administrative burden for
smaller businesses is reduced to a minimum.
5.  For VAT registered businesses, see Chapter 10 Calculation of a Levy for further information.
6.  Whilst the requirements in the Act itself are minimal and set out above, a VL scheme offers the
opportunity for a local authority to collect relevant data related to the visitor economy. This would
allow richer data to help make data-informed decisions in relation to: 
a. A VL scheme: data is crucial for local authorities to receive a level of information adequate 
to  ensure the efficient operation of a VL scheme, including:   
i. to have data to help inform and evaluate a VL scheme and its success, which in turn 
may help to ensure evidence-based decisions are made, i.e. for future modifications 
to a scheme
ii. to influence the most effective and impactful use of spend from the levy
iii. to support the validation of the suggested calculation of the levy
iv. to enable effective enforcement and compliance information 
b. The visitor economy: at a local, regional and national visitor economy, having rich,    
accurate and (close to) real-time data will allow data-informed decisions to be made, which 
in turn will help achieve the national priorities from our national tourism strategy (Scotland 
Outlook 2030) to become ‘the world leader in 21st century tourism’.
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Table 5 outlines what information may be considered to be required to validate returns.
Table 5: Suggested Information
Type of
Information Information Required to Validate Return
Basic information Name, address and contact details of accommodation provider.
Accommodation
type
See Chapter 01 Power to Introduce a Levy for further details on accommodation
type within scope.
Occupancy data
Capacity of accommodation (e.g. number of rooms, number of beds).
Number of rooms or beds in the accommodation premises that are available.
Number of occupied overnight stays (e.g. number of nights where a room or bed is
occupied by a visitor).
Number of occupied overnight stays that are out of scope from VL charge, e.g.
homelessness etc.
Number of overnight stays that are greater than X nights in duration, if a cap on the
duration of nights is locally or nationally determined.
Number of overnight stays that are attended by exempted persons if an individual
exemption is decided nationally or locally, e.g. qualifying persons, etc. unless
another rebate or reimbursement process is locally arranged.
Revenue
which the levy
calculation is
based
The levy payment is based on the total revenue generated from chargeable
accommodation transaction which includes the commission paid to an online
travel agent or similar. For further information, see Chapter 10 Calculating a Levy.
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Type of
Information Information Required to Validate Return
Revenue on
which the levy
calculation is
based
Deductions that may need to be subtracted from the total revenue include:
Local authorities have the discretion to decide whether to collect data from
exemptions (i.e. those exempt under the UK and/or Scottish disability benefit
exemption), and should consider the views from others on the best way for it
to work so it is as frictionless as possible. Ensuring also that once the scheme is
running, there is the opportunity to monitor and review its performance.
Total revenue that is out of scope from the charge, e.g. from persons that are
homeless or at risk of homeless etc. For further information, see Chapter 17
Exemptions.
Total revenue that is part of maximum cap reduction (e.g. a 7-night maximum
cap), if applicable. Total revenue that is part of any exemptions (decided nationally
or locally, e.g. persons in receipt of disability benefits) unless another rebate or
reimbursement process is arranged by the local authority.
Reporting
frequency
State the length of period (up to the local authority to decide, e.g. monthly).
Start date of reporting period (e.g. first day of the month).
End date of reporting period (e.g. last day on the month).
Payment details Method of payment (as specified by the local authority).
Auditable records Record of bookings, cancellations and modifications for audit purposes.
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7.  Based on the above opportunities outlined in Paragraph 4, local authorities may wish to consider
requesting additional optional information beyond that outlined above. Additional information
should be considered against overall net benefit and burden on responding businesses. This
information should be considered important to meeting the objectives of a VL scheme, and to
bringing benefit to the wider visitor economy.
8.  It is recommended that local authorities looking to ask for additional information undertake to
engage businesses early to establish capacity to provide such additional information, and to
establish the overall net benefit of doing so.
9.  Where there is a nil return for each period, it is recommended that local authorities encourage
liable persons to submit returns. This will ensure the existence of an audit trail necessary for
the efficient operation of a VL scheme, and will remove the need for local authorities to submit
repeated requests for information from liable persons.
10.  Data governance, accuracy and consistency – by acknowledging the secondary benefit of better
data collection from undertaking a visitor levy, local authorities should consider exploring the
opportunity of reporting research data by working with local and national stakeholders, to ensure
appropriate governance, accuracy and consistency. The potential benefit of this could extend to
future planning and monitoring that supports the local visitor economy. 
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17
Exemptions
The Riverside Museum, Glasgow
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17  Exemptions
1.  A number of groups do not fall within the scope of the Act and are therefore not liable to pay a
visitor levy charge. These groups, with the exception of those in receipt of specified disability
payments, are not considered visitors to an area for business or leisure purposes, and are therefore
not liable to pay a levy charge. These groups are: 
a. Those who are using overnight accommodation as their only or primary residence, which 
could be due to:  
i. being homeless or at risk of homelessness
ii. very poor housing conditions (such as overcrowding, serious damp or disrepair)
iii. experiencing domestic abuse or other forms of violence
iv. someone’s residence being unfit for habitation  
v. someone being an asylum seeker or refugee
2.  In addition, the visitor levy does not apply to: 
a. someone staying on a dedicated gypsy/traveller site run by a local authority or a registered 
social landlord
b. those in receipt of the following specified disability benefits, payments, or allowances:
i. Disability Living Allowance
ii. Disability Assistance
iii. Attendance Allowance
iv. Pension Age Disability Benefit
v. Personal Independence Payment
For those who act as carers for overnight visitors in receipt of one of these payments, 
local authorities should be aware that the Act does not provide a national exemption.  
Any decision to exempt carers would be up to individual local authorities.
3.  Other people not subject to the visitor levy include those who are residing overnight in vehicles or
on-board vessels that are undertaking a journey involving one or more overnight stops. As a result,
the following forms of overnight accommodation are outwith the scope of the Act:
a.  the provision of a cabin on a ferry or cruise ship, unless the vessel is permanently moored
b.  the provision of a cabin on an overnight sleeper train 
c.  use of a hired or privately-owned campervan or motorhome where they are not staying 
overnight in campsites
4.  In addition to those mentioned in paragraphs 1-3 above, local authorities also have the power
to put in place local exemptions. As set out in the Act, a local authority must set out the cases or
circumstances where the levy is not payable or may be reimbursed. This section also requires local
authorities to outline the process through which this exemption is administered or reimbursement
takes place. For further information, see Chapter 03 Required Content of a Scheme.
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5.   There are a number of factors that local authorities may wish to bear in mind when considering
local exemptions. The following list is not intended to be exhaustive, instead providing an overview
of some of these factors:
a.  Purpose and rationale: local authority decisions on who is, and is not, exempt from paying 
a visitor levy should correspond with the objectives of a VL scheme. Local authorities may 
wish to consider explicitly stating how an exemption relates to these objectives in the 
outline of a VL scheme.
b.  Scope and eligibility: it is important to consider how local exemptions are targeted at the 
intended groups. In particular, it is important that stakeholders have a clear understanding 
of who is, and is not, covered by an exemption, and how this exemption is evidenced by the 
overnight visitor.
c.  Impact and effectiveness: local exemptions will have an impact on the effectiveness of a 
local VL scheme. Prior to the introduction of an exemption, local authorities may wish to 
conduct work on the potential impact on available funds, including through increased 
administrative costs, and reduced income, which may have otherwise been used to provide 
additional support to the persons or activity being considered as an exemption.
d.  Communication and messaging: ensuring that all stakeholders have a detailed     
understanding of who is, and is not, responsible for the payment of the visitor levy is crucial 
to the efficient and effective operation of a VL scheme. Local authorities may wish to     
consider how this information, and the associated arrangements, is communicated to 
stakeholders.
6. It is recommended that the cases or circumstances where the Levy is not payable by an overnight
visitor are set out as part of the outline of the proposed VL scheme prior to the consultation. As
such, it is recommended that local authorities begin the process of considering whether to develop
a system of local exemptions at an early stage in the development of a VL scheme. This could form
a key element of early engagement with local stakeholders, such as residents and accommodation
providers. For further information, see Chapter 02 Timeline.
7. How a system of local and/or national exemptions will be administered and monitored will be
a key consideration for local authorities. Under the Act, a local authority could have a situation
where a visitor is not liable to pay the visitor levy, and so does not pay it upfront or the local
authority could develop a process whereby an overnight visitor claims back the visitor levy charge
through reimbursement. In this scenario, overnight visitors would still be required to pay the levy
charge at the point of entry or booking, with local authorities responsible for administering the
reimbursement at a later date.
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8. There are a number of factors that local authorities may wish to consider when developing the
administrative arrangements for national and local exemptions. The following list is not intended to
be exhaustive, instead providing an overview of some of these factors: 
a.  Administrative burden on accommodation providers: local authorities should     
recognise the potential administrative burden on accommodation providers resulting 
from local exemptions. This could include the handling of personal and sensitive data which 
accommodation providers are not accustomed to processing and increased   
costs associated with training for employees.
b.  Local authority administrative costs: local authorities may wish to consider the potential 
for increased administrative costs associated with the development of local exemptions. 
This may be particularly relevant where a local authority chooses to reimburse exempt 
overnight visitors. Higher administrative costs may reduce funds available to the local 
authority, with implications for the local community and visitor economy. For further 
information, see Chapter 12 Use of Funds.
c.  Digital solution: local authorities may wish to consider the availability of appropriate 
digital solutions in operating any refund or reimbursement payments for persons who 
are submitting a claim because of an exemption from the levy.
d. Enforcement, compliance and notification: it is important that any decisions taken    
regarding the development of local exemptions consider how these exemptions will be 
monitored, processed and enforced. This could include what evidence the local authority 
will deem satisfactory for proof of an exemption, whether this evidence can or should 
be stored (and the related data protection issues associated with this), and how this    
evidence will be submitted by the overnight visitor (for further information, see Chapter 25 
Compliance), and how overnight visitors are notified that their exemption request has been 
successful (in cases where a local authority choose to reimburse those who are exempt).
e. Evaluation: the local authority may wish to consider how the success of an exemption 
is monitored throughout the lifetime of a VL scheme. Information on the performance 
of an exemption may form a key part of the three-year review, and will therefore be crucial 
to discussion relating to the modification of local exemptions. For further information, see 
Chapter 24 Reviews.
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9.  Under the Act, a local authority may modify their VL scheme to add or remove an exemption, after 
a VL scheme has come into force. 
a.  Adding an exemption: if a local authority decides to add an exemption to a VL scheme, this 
does not require an implementation period, but a consultation and a report on the     
consultation findings is required before a decision can be taken to add the exemption to an 
existing VL scheme.
b.  Removing an exemption: if a local authority decides to remove an exemption from a VL 
scheme, the Act states that this qualifies as a significant modification. In such circumstances 
the local authority must consult on proposals to remove the exemption and produce a 
report on the consultation findings. Once the formal decision has been made by the local 
authority to remove the exemption, an implementation period of at least 18 months should 
elapse before the exemption is removed.
10.  If an overnight visitor disputes the classification of an eligibility or an exemption, the local authority
may wish to follow existing practice and procedure in resolving this dispute. The form this process
takes will be closely related to the administrative arrangements for exemptions decided by the local
authority, as noted above. However, it is important that any dispute resolution process recognises
the need to safeguard accommodation providers from potential conflict with overnight visitors,
the potential administrative burden on accommodation providers on handling large volumes of
complex and sensitive documentation and upholds the overall reputation of a VL scheme.
11.   Some of the conditions which are used to define exemptions from the levy charge are considered
Special Category data. When this is the case, each collector will need to ensure that their
processing activities, for the administration of exemptions and associated refunds, have an
appropriate UK GDPR Article 6 (lawful reason for processing), accompanied by an appropriate
exemption under UK GDPR Art 9 (Processing of special categories of personal data).
12.  There is a risk that the processing of personal data in the context of exemptions to the levy charge
may have unintended consequences, causing harm to the individual. Harms may be defined as
“Financial Harm” or as “Discrimination”, if processing results in a comparative financial loss or
disadvantage. (see ICO document, Overview of Data Protection Harms and the ICO’s Taxonomy,
April 2022). The controller will need to ensure processing is appropriate in the context of UKGDPR
Articles 5/1/a (fairness) and 22 (automated individual decision making).
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Hebridean Way, Vatersay
18
Islands
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18  Islands
1.  The Act makes no specific reference to island communities. However, local authorities considering
the implementation or modification of a VL scheme should actively consider potential differential
impacts on island communities. Island communities face unique challenges such as declining
populations, geographic remoteness, and connectivity difficulties. Where relevant, local authorities
will also need to take account of their duties under the Islands (Scotland) Act 2018.
3.  As part of the work to consider island communities it is recommended that local authorities 
consider the following issues when implementing or modifying a VL scheme to mitigate any further
potential different impacts: 
a. Administration:  the makeup of the accommodation provider industry across many    
island communities differs significantly from that found in other parts of Scotland. For 
example, island communities often contain a higher proportion of small providers and 
self-catering properties. When local authorities are designing regulations on the    
administration of a visitor levy in a community which contains islands, it is recommended 
that local authorities consider the challenges faced by small accommodation providers.
b. Enforcement: the tendency for island communities to contain a higher proportion of small 
accommodation providers may require further consideration by local authorities in terms 
of enforcement procedures. It is recommended that local authorities with island    
communities consider the potentially higher cost of enforcement procedures, as a result of 
smaller returns through penalties, compared to enforcement conducted against large 
accommodation providers such as hotels or hotel chains.
c. Forecasting: due to the potential for higher administrative costs and smaller returns    
through penalties as noted above, it is recommended that local authorities with island 
communities actively consider the impact on forecasting conducted prior to   
implementation or  modification of a VL scheme.
d. Reporting: the Act requires local authorities to prepare a report on the amount of revenue 
collected, the use of net proceeds, and the performance of a scheme in relation to its 
objectives. It is recommended that, when preparing a report, and where both practical, and 
the relevant data is available, local authorities consider the inclusion of information relating 
to the impact of a VL scheme on island communities.
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19
Local Flexibilities
Castlebay Charging Point, Isle of Barra
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19  Local Flexibilities
1. Local authorities wishing to introduce a VL scheme in their area have a number of flexibilities they
can use within their VL scheme.
2. These flexibilities provide local authorities with discretion to implement a VL scheme which
meets local circumstances. How these local flexibilities will be used should be a matter for the
local authority to decide following the comprehensive consultation process. See Chapter 06
Consultation.
3. The local flexibilities include:
a.      The ability for a local authority to set different rates for different purposes or areas. This 
includes the ability to create a cap in the form of a monetary value or a maximum    
number of nights on which the levy applies. See Chapter 11 Rate Setting.
b.      The ability to have a VL scheme in all, or specified parts of a local authority area. Two or 
more local authorities may act jointly to make a VL scheme.
c.      The ability for a local authority to apply local exemptions. See Chapter 17 Exemptions.
d.      The ability to set specific times of the year where a purchase of overnight accommodation 
will give rise to the levy. Local authorities must set out intentions for including or excluding 
businesses which fall below the VAT threshold. See Chapter 01 Power to Introduce a Levy 
and Chapter 03 Required Content of a Scheme.
e.      The ability to set the frequency with which accommodation providers are required to make 
returns to the local authority. See Chapter 16 Remittance.
f.      The ability to specify records which must be kept and preserved. See Chapter 16    
Remittance.
g.     The ability to take an approach to compliance and enforcement that works for the local 
authority. There are no requirements for a local authority to impose penalties or take 
enforcement action under the Act. See Chapter 25 Compliance.
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Dunfermline Carnegie Library
20
Communication
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20  Communication
1. For a VL scheme to be successfully implemented, appropriate and effective communication with a
variety of interested parties at various stages will be crucial.
2. This Chapter of the guidance sets out when in the process communication will be particularly
crucial and offers examples of how this may be carried out.
Principles of communication
3. There are a number of general principles to guide good communication when it concerns the
preparation and establishment of a VL scheme. Those principles are that communication is:
a.  Accessible: make sure publication of proposed activity(ies) and information is accessible 
to all relevant stakeholders. This should include (but not be limited to) publication on 
relevant website and social media channels or through a notification in a public place. 
Local authorities should consider how communication will be delivered to those people 
who have communication support needs, such as the provision of alternative formats. In the 
interests of communicating with visitors, different language formats may need to    
be considered, so that messages are accessible and easily understood.
b. Engaging: consider how opportunities for feedback on communication can be maximised. 
Setting out how all relevant stakeholders can get involved with the process will be    
important. Crucial to this is engagement with the businesses and organisations working 
most closely within the local visitor economy.
c.  Transparent: demonstrating how feedback has influenced thinking and/or been    
incorporated into decisions will be crucial to ensuring trust in the final decision making 
and implementation of the levy. Where views are being sought around the implementation 
of a VL scheme, the body seeking those views should consider how it can best reflect the 
actions it has taken on the basis of feedback provided.
d. Ongoing: open and engaging communication with stakeholders should continue in the 
long-term. Where a levy is being implemented it will be important to communicate where 
and how businesses can get support to implement changes to their operation.
4. All stakeholders concerned with the operation and implementation of a VL scheme have an
obligation to ensure that they communicate in a manner that allows stakeholders to respond
appropriately.
When to communicate
5. In some instances, the Act places duties on local authorities to communicate aspects relating to
the implementation of a VL scheme. There are other instances where no statutory requirement
exists, but where appropriate communication would be helpful to all involved and doing so would
demonstrate best practice.
6. The following ‘model timeline’ (Table 6) sets out the parts of the process where communication will
be required and how the general principles outlined above may be applied to each case.
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Table 6: Communication Timeline
Early engagement (non-statutory): Early engagement will establish a strong foundation for collaborative
development of a VL scheme. For further information, see Chapter 05 Early Engagement.
Consultation (statutory): The local authority is required to conduct a public consultation on its proposal for
a VL scheme. Standard practice would be for a consultation that lasts 12 weeks. For further information, see
Chapter 06 Consultation.
Implementation period (statutory):
VL scheme will come into force at least 18 months after the date on which the local authority publishes a
report summarising the consultation responses received, stating that it intends to proceed with the original
proposal or a significant modification to a proposal. This period is an ideal opportunity to work with
accommodation providers, communicating with them around their duty to collect and remit the levy. Local
authorities should make it clear to stakeholders when the implementation period begins and when it will
finish, and the levy be introduced. For further information, see Chapter 07 Implementation Period and Chapter
14 Assistance to Liable Persons.
Publicity for introduction of scheme (statutory): Local authorities wishing to introduce a VL scheme must
notify Scottish Ministers of its decision, publicise its decision and publicise the proposed date on which the
visitor levy will come into force. For further information, see Chapter 09 Scheme Publication.
Visitor Levy Forum (statutory): The Visitor Levy Forum must be established within six months of the local
authority formally announcing that it will implement a VL scheme. Thereafter, the Forum will be involved
where the local authority has a duty to carry out a consultation. For further information, see Chapter 21 Visitor
Levy Forum.
Ongoing communication (non-statutory): Visitors will need to understand how much the percentage rate(s)
will be, and how, and when they will be collected. Stakeholders will welcome ongoing information on the use
of funds. Local authorities may develop an ongoing communications plan to highlight to visitors, businesses
and communities, what the levy is and the difference it is making.
Compliance (statutory): Communications around compliance will be crucial. It is recommended that local
authorities produce materials and advice for accommodation providers to assist them with the technical
aspects of compliance. For further information, see Chapter 25 Compliance and Chapter 14 Assistance for
Liable Persons.
Annual reporting on scheme (statutory): the annual report should detail the amount of money collected,
and how the net proceeds have been used. The report should be published as soon as possible at the end of
the reporting period, and in a manner that the authority considers appropriate. For further information, see
Chapter 23 Annual Reporting.
Review of scheme (statutory): a local authority operating a VL scheme is required by the Act to review it every
three years. It should also publish the findings of its review as soon as possible. For further information, see
Chapter 24 Review of a Scheme.
Use of funds (statutory): Local authorities that operate a scheme are required to consult on the use of funds.
Where a local authority consults on the use of funds it should involve the Visitor Levy Forum. For further
information, see Chapter 12 Use of Funds and Chapter 21 Visitor Levy Forum.
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Scalpsie Bay, Argyll and the Isles
21
Visitor Levy Forum
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21 Visitor Levy Forum
1.  As set out in the Act, a local authority that introduces a VL scheme is required to establish a Visitor
Levy Forum. The Forum must be established by the local authority no later than six months after
the date of the decision to introduce a VL scheme. The local authority must maintain the Forum for
the duration of a scheme and ensure that it has both the ability to carry out its functions and meet
on a regular basis (defined as not less than two times per calendar year).
2.  Where a local authority is operating multiple VL schemes within the local authority area, the
Act provides the power to establish multiple Forums corresponding to each individual scheme.
Alternatively, the local authority also has the power to establish a single Forum covering multiple
VL schemes.
3.  The function of a Forum is advisory. Its purpose is to provide advice to the local authority in
a number of areas relating to the operation of a VL scheme. It will be for the local authority to
establish its own decision-making process in relation to areas the Forum has provided advice on.
4.  Once a VL scheme is established, the Forum must be involved where the local authority has a duty
to carry out a consultation. For instance, where it is proposed to modify a VL scheme, or change the
planned use of funds from a VL scheme. A local authority must also provide the Forum with copies
of each annual report and the review of the VL scheme carried out every three years.
5.  It is intended that a Forum ensures that businesses, communities and organisations related to the
visitor economy have a robust mechanism to conduct effective ongoing engagement with the local
authority once a VL scheme has been introduced.
6.  The membership of the Forum is to be determined by the local authority operating a VL
scheme. Under the Act, membership must contain a reasonable balance of representatives from
communities, businesses engaged in tourism, and tourist organisations. It is recommended that
local authorities give consideration to appointing representatives from all aspects of the visitor
economy, according to local circumstances.
7.  When considering the makeup of the Forum, local authorities may wish to give thought to how the
Forum best reflects the strengths and assets of the visitor experience in the local authority area. In
particular, those organisations or bodies who have a key role in the development of the local visitor
economy. This could include, but may not be limited to:
a. major cultural events and festivals taking place in the area
b. organisations with a role to play in heritage and sustainability
c. accommodation providers directly involved in collecting and remitting the levy in the  
local area
8.  Forum membership may also include elected members. However, elected members must not
make up a majority of the Forum. Though local authorities may wish to appoint elected members
to the Forum to provide more effective links to the ongoing work being conducted within a VL
scheme, and the decision-making processes of the local authority, elected member representation
on the Forum is optional, and there is no duty for local authorities to appoint elected members to
the Forum.
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Wemyss Bay Railway Station
22
Accounting
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22  Accounting
1.  The Act requires that local authorities:
a.  keep a separate account for a VL scheme
b.  credit the account with the net amount of money received under a VL scheme (including 
penalties) minus refunds issued
c.  debit the account with the expenses of operating a scheme
d.  observe any other accounting guidance that may relate to the levy e.g. Local Authority 
Scotland Accounts Advisory Committee (LASAAC) accounting guidance or similar
2.  There is no requirement, as set out in the Act, for local authorities to outline the total use of funds
through accounting requirements. However, as best practice, alongside the four requirements as
set out above, local authorities may wish to include a single line stating “the use of proceeds of a
scheme” when accounting for a VL scheme. This would sit alongside more detailed reporting in
Chapter 12 Use of Funds and Chapter 23 Annual Reporting.
3.  The Act also provides Scottish Ministers with the power to introduce further regulations specifying
the form of the account, publication of the account, and processes, where local authorities
implement a joint VL scheme.
4.  At the time of publication, the Scottish Government has indicated there are no plans to produce
regulations in this area. However, guidance is being produced by LASAAC.
5.  When considering accounting practices in relation to a VL scheme, it is recommended that local
authorities build on best practice and existing regulation in relation to other local funds, as well as
in audit and governance arrangements.
6.  Local authorities may also wish to consider the accounting implications regarding the use of funds
over a number of financial years. The Act does not stipulate that revenue generated by a levy
should be used within a certain time period. Local authorities may choose to carry funds forward
between years or place funds in reserve. This may be particularly relevant in the early years of a VL
scheme, where estimation of expected levels of net levy proceeds may be more difficult to predict.
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An Ceann Mòr, Inveruglas
23
Annual Reporting
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23  Annual Reporting
1.  Within the first 18 months from when a VL scheme comes into force, and for each 12-month period
following this, local authorities must prepare a report setting out:
a.  the amount of money collected
b.  how the net proceeds have been used
c.  the performance of a scheme in relation to its objectives
2.  This report must be produced as soon as is reasonably practicable after the end of the reporting
period, and in a manner which the local authority considers appropriate. When producing the
report, it is recommended that local authorities recognise that transparency will be key for local
stakeholders with an interest in the operation of a visitor levy. Accessibility should therefore be a
key consideration for local authorities when publishing the annual report.
3.  This report may be linked to other forms of regular financial reporting conducted by local
authorities throughout the year, and as such local authorities may also wish to include information
over and above that defined by the Act. However, the need to avoid overly onerous reporting
requirements should be recognised.
4.  It is important to note that the annual report performs a different function to the review, conducted
over a period of up to three years. These reviews may offer extended, in-depth information on the
operation of a VL scheme over a longer period of time. For further information, see Chapter 24
Review of a Scheme.
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The Larch View Route, Forest of Ae, Dumfries
24
Review of a Scheme
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24  Review of a Scheme
1.  Under the Act, a local authority is required to review a VL scheme after a set period. The first review
must be carried out within three years of a VL scheme coming into force. Second and subsequent
reviews must be carried out within three years of the previous review. The results of the review
must be published, and a copy sent to the relevant Visitor Levy Forum.
2.  It is for each local authority to decide how they wish to carry out the review. However, it is
recommended that there is a clear formal decision to start the review, with a clear process around
how the conclusions of the review will be considered, and how any actions resulting from the
review will be decided and implemented. Therefore it is recommended that a local authority sets
out a timeline for the review, with dates for when the review will start and conclude, and any key
milestones during the review’s progress.
3.  The administrative costs of a VL scheme, such as the costs for the review of the VL scheme, can be
taken from the funds raised by a scheme, and will be a matter for the relevant local authority.
4.  While the exact scope of the review will be for a local authority to determine there are some topics
that it would be considered good practice to cover. These include:
a.  how a VL scheme has performed in relation to its objectives
b.  the outcomes to which a VL scheme has contributed, including links to relevant tourism 
strategies
c.  the impact of a VL scheme on businesses, both those directly and indirectly affected by a VL 
scheme
d.  the impact of a VL scheme on local communities
e.  how funding raised by a VL scheme has been used, and an assessment of what benefits that 
has brought about
f.  how a VL scheme has been administered, and any lessons that can be learnt to improve 
administration for the local authority and businesses
5.  It is considered good practice for the review to fully involve those affected by a VL scheme. This
would include visitors, accommodation providers, tourism organisations, community groups,
and others, and it is recommended that a local authority considers how best to involve relevant
stakeholders in the review. The Visitor Levy Forum established by the local authority will need to
be fully involved in the review, given the important role the Forum plays in providing a means for
ongoing engagement on a VL scheme.
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25
Compliance
Ballater Highland Games, Aberdeenshire
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25  Compliance
1.  The Act gives local authorities a range of powers to enforce compliance with a VL scheme or
delegate powers of enforcement and compliance to a third party. These powers are in line with
those already available to local authorities in ensuring compliance with other local taxes, such as
council tax and non-domestic rates.
2.  It is recommended that local authorities build on existing best practice when considering the
enforcement of penalties. The use of penalties should be a last resort, and only used after other
compliance actions have failed. Where a local authority has an effective register of liable persons
and record keeping process, this shall help to reduce the potential for enforcement to be necessary.
3.  As outlined in the Act, these powers give local authorities the ability to:
a.  obtain information and documents from liable persons and third parties
b.  enforce compliance with information notices
c.  powers to enter and inspect the premises of liable persons or third parties
d.  powers to copy and remove documents
e.  powers to obtain access to, inspect and check the operation of any electronic device, 
associated apparatus, or material
f.  powers to inspect business premises, and business premises of third parties
g.  disclose and share relevant information to:
i.  relevant local authority authorised officers
ii.  other local authorities
iii.  a person authorised to carry out collection and enforcement functions
h.  impose penalties:
i.  failure to make valid and complete returns
ii.  failure to keep and preserve records
iii.  failure to comply or obstruction
iv.  providing inaccurate information
v.  concealing or destroying relevant documents
4.  When sharing data as part of the exercising of a local authority’s enforcement duties, it is
recommended that local authorities build upon existing best practice, ensuring compliance with
existing legislation such as UK GDPR regulations and the Data Protection Act 2018.
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5.  Where liable persons report difficulties in meeting the reporting requirements set out by the local
authority, the liable person is expected to make all reasonable effort to rectify the situation within
three months of the original deadline or alternative period, as determined by the local authority.
6.  As set out in the Act, where a liable person has either, failed to supply a return, or the local authority
believes that a return supplied is incorrect, the local authority has the power, once regulations are
made, to make an assessment of the levy payable by the liable person. The purpose of the powers
in the Act is to give the local authority operating a VL scheme a mechanism to use in compliance
situations, rather than having to immediately rely on penalties. When doing so, the local authority
should ensure that it has the relevant information to conduct this assessment.
7.  Where liable persons fail to make a return in the manner specified by the local authority, and where
there is no reasonable excuse provided by the liable person, local authorities have the power to
apply penalties at agreed time periods. The penalty rate for each time period is up to the discretion
of the local authority, and they may wish to consider using existing agreed penalty charge
approaches. For further information, see Chapter 13 Liable Persons.
8. The Act also sets out a range of further scenarios where local authorities may wish to apply
penalties, with the amount of these penalties to be determined by the local authority: 
a.  where the liable person fails to pay the total amount of the levy
b.  where the liable person fails to keep and preserve records
c.  where the liable person fails to comply with an information notice or deliberately obstructs 
an authorised officer or person authorised by the officer in the course of an inspection
d.  where the liable person provides inaccurate information or produces a document that 
contains an inaccuracy
e.  where documents subject to an information notice are concealed, destroyed or otherwise 
disposed of
9. As outlined in the Act, the liable person may have a reasonable excuse for failing to comply with
these requirements. The definition of a reasonable excuse does not include the following:
a.  insufficient funds, unless attributable to events out with the liable person’s control
b.  reliance on any other person to do anything related to making a return, unless the liable 
person took reasonable care to avoid failure
c.  where a liable person previously had a reasonable excuse, but this excuse has ceased
d.  economic fluctuations which may be affecting the liable party’s business
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10. There are a wide range of scenarios where a liable person could be seen to have a reasonable
excuse for not submitting a return. In these cases, the local authority may wish to obtain evidence
from the liable person to demonstrate this case.
11. The following list of potential examples of reasonable excuses should not be treated as exhaustive,
and each case should be considered on individual merit by the local authority: 
a.  Technical: the liable party is unable to access an online portal due to technical IT issues 
affecting all providers. The provider shall submit their return as soon as possible after issues 
with the portal are resolved, and within the deadline specified by the local authority. 
b.  Illness or personal emergency: in cases where the liable person is incapacitated due to 
illness or experiences a personal emergency, the local authority may extend the deadline. 
c.  Natural disasters or extreme weather: severe weather events or natural disasters that 
disrupt normal business operations may be considered a reasonable excuse.
d.  Loss of data: data loss or destruction of records due to reasons beyond the liable person’s 
control, including cyber-attack, hardware failure or theft.
e.  Legal or regulatory compliance: instances where the liable person faces legal or regulatory 
challenges that prevent them from complying within the deadline. This may include a 
dispute with tax authorities or compliance with a court order.
f.  Local authority delay or error: this could include errors, misunderstandings, or delays on 
the part of the local authority, leading to miscommunication or administrative errors. For 
example, this could also include changes in reporting requirements.
12. For more information on areas related to compliance please see Chapter 13 on Liable Persons
and Chapter 10 on Calculation of a Levy.
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Shandwick Stone, Tain
26
Internal Review
and Appeal
©Mark Janes
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26  Internal Review and Appeal
1.  An overnight accommodation provider is able to ask for an internal review by a local authority,
so that it looks again at a decision related to their visitor levy liability, such as a decision to serve
an information notice or apply a penalty. Once an internal review has been carried out then an
accommodation provider, if still unhappy with the local authority’s decision, can appeal to the 
First Tier Tribunal. The details of the internal review and appeal processes will be fully discussed
with stakeholders in due course, but they are likely to follow existing procedures for other local
taxes, and so be familiar to both local authorities and businesses.
2.  Therefore local authorities should keep abreast of Scottish Government work on the internal
review and appeal process, and make sure they have the necessary resources to carry out effective
internal reviews and handle any appeals, in line with the regulations that will be put in place.
Perth Museum
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Adam Smith Heritage Centre, Kirkcaldy
27
Registers
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27  Registers
1. Under the Act, a local authority has the power to establish and maintain a register of liable persons.
This is not a mandatory requirement but at the discretion of the local authority. For further
information, see Chapter 13 Liable Persons. This register can include the following information:
a.  the names of all liable persons offering overnight accommodation in the area covered by a 
VL scheme
b.  the addresses of all premises for overnight accommodation in the area covered by a VL 
scheme
c.  other information which the local authority considers necessary to allow it to carry out its 
functions under the Act
2. Under the Act, local authorities can share information with the following people or organisations,
where it is necessary for the performance of a function as part of a VL scheme:
a.  relevant local authority officers
b.  other relevant local authorities where they have introduced a joint scheme
c.  a person authorised by the relevant local authority to carry out a function or functions of the 
authority
3. When considering the development of a register of liable persons as part of a VL scheme, local
authorities should start by considering their duties under existing legislation and building on best
practice and existing sources of information.
4. Local authorities are required to conduct a number of duties under the Data Protection Act 2018
and UK GDPR regulations. These include:
a.  only collecting information that is required
b.  keeping personal information secure
c.  not keeping information longer than necessary
d.  stating why the holding of personal information is required
e.  stating the purpose of data collection
f.  collecting data which is accurate and up to date
g.  not using personal information for purposes other than that stated
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On behalf of
Whereas every effort has been made
to ensure that the information in this
document is accurate, VisitScotland does
not accept liability for any errors, omissions
or misleading statements, or for any loss,
damage or inconvenience caused as a
result of reliance on such information.
VisitScotland is not responsible for the
content of external websites which are
linked to from this document.
Stones of Stenness. Orkney
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Page 113

Perth and Kinross Council
Learning and Families Committee
29 January 2025
Additional Support Needs Special Education Provision (Primary and
Secondary Schools) - Options Appraisal 
Report by Strategic Lead – Education and Learning
(Report No. 25/19) 
1. Purpose  
1.1 This report requests that the Learning and Families Committee considers
options to improve and increase intensive-level education for children and
young people with complex additional support needs (ASN) in all Perth and
Kinross Council (PKC) school localities.   
1.2 If the recommended option is supported, it would be implemented over three
phases.  Phase 1 involves the development of new Intensive Support
Provisions (ISPs) in Kinross High School, Perth High School and a primary
school in the Perth Academy catchment area.  All three new ISPs will require
that a statutory consultation be undertaken to permanently establish a new
stage of education within the schools.  Work is ongoing to identify a suitable
primary school for a new ISP within the Perth Academy catchment area.  A
further report in relation to this, will be brought to the Learning and Families
Committee on 2 April 2025. 
1.3 Phase 2 and Phase 3 will involve the development of new ISPs in an
additional five schools.  Reports seeking agreement for statutory consultations
to be undertaken, in relation to the proposals for Phase 2 and Phase 3
schools, will be brought to future meetings of the Learning and Families
Committee in due course. 
2. Recommendations 
2.1 It is recommended that the Committee: 
• Considers the options outlined in the Options Appraisal (Appendix 1) to
increase provision of locally available ISP placements for children and
young people with complex and multiple ASN in PKC schools; 
• Agrees to progress with the recommended Option 3 (Appendix 1);   
• Agrees to progress Phase 1 of Option 3 to establish new ISPs in one
primary school and two secondary schools; 
• Requests the Strategic Lead (Education and Learning) to prepare and
publish proposal papers to establish ISPs as new stages of education in
Kinross High School and Perth High School, in terms of the Schools
(Consultation) (Scotland) Act 2010; 
11
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• Requests the Strategic Lead (Education and Learning) to formally consult
the appropriate bodies and persons on the terms of the proposal papers, in
terms of the Schools (Consultation) (Scotland) Act 2010; 
• Delegates authority to the Strategic Lead (Education and Learning) to
investigate and manage any alleged omissions or inaccuracies during the
consultation process and to take appropriate action in accordance with the
Schools (Consultation) (Scotland) Act 2010; 
• Requests the Strategic Lead (Education and Learning) to prepare a report
on the results of the Statutory Consultations and report back on the
outcome of these consultations at a future meeting of the Learning and
Families Committee in due course; and 
• Requests the Strategic Lead (Education and Learning) brings a further
report to the Learning and Families Committee on 2 April 2025 in relation
to identification of a primary school within the Perth Academy catchment
area, within which, a new ISP can be accommodated. 
3. Structure of Report 
3.1 This report is structured over the following sections: 
• Section 4: Background/Main Issues
• Section 5: Options for Consideration
• Section 6: Statutory Consultation Process
• Appendices 
4. Background/Main Issues 
4.1 PKC, as an Education Authority, has a statutory duty under the Education
(Scotland) Act 1980 to make adequate and efficient provision of school
education across its entire area for the current school population and future
pattern of demand.  The Education (Additional Support for Learning)
(Scotland) Act 2004 places duties on PKC to provide additional support to
enable children and young people to benefit from their education. 
4.2 The ASN Transformation Programme aims to significantly improve
educational experiences provided for children and young people with ASN in
Perth and Kinross.  The programme's vision is to help these children thrive,
gain independence, and lead fulfilling lives by ensuring that they can access
the best possible learning environment and support whilst in PKC Early
Learning and Childcare settings or schools. 
4.3 In Perth and Kinross, and across Scotland, there is a rising number of children
and young people with ASN.  Data collected in September 2024 identified that
39% of children and young people in PKC schools have ASN, reflecting a
notable increase over recent years.  Within this overall identified percentage,
it is evident that there is also a rise in the number of children and young
people with complex and multiple needs. 
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4.4 There are currently fifteen ISPs distributed across nine primary schools (six
secondary catchment localities) and six secondary schools for children with
complex or multiple needs who are unable to benefit from mainstream
education.  Together, these ISPs provide special education for 300 children
and young people aged 5 to 18 years old.  Several of the ISPs are currently at
capacity or over-capacity. 
4.5 A feasibility study considered the rise in complex and multiple ASN and the
availability of ISP placements.  This highlighted the current capacity issues;
inequity of opportunity and an associated transport budget overspend.  It
emphasised the need for expansion and better geographical distribution of
ISPs to improve the experience of children, young people and families, reduce
travel costs and the demand for independent special school placements. 
4.6  This report presents options that can be implemented to address the areas
identified as requiring improvement.  The proposal will increase capacity in
localities, reduce travel distances and the associated costs, and improve the
educational experience of children, young people and their families. 
5.  Options for Consideration 
5.1 Options have been explored to address the increasing requirement for ISP
placements for children and young people with ASN.  Consideration of each
option is detailed in Appendix 1.  A summary of the options are as follows:   
• Option 1: Maintain existing ISP provision. 
• Option 2: Establish additional ISPs by redistributing existing resource to
provide some specialist education to almost all secondary schools and
their primary catchments.   
• Option 3: Establish additional ISPs through new Scottish Government
funding and the redistribution of resource to increase placement capacity,
extending availability of specialist education to almost all secondary
schools and their primary catchments.   
5.2 The recommended option is Option 3, which will involve establishing
additional ISPs to provide sufficient placements for the current and projected
number of children and young people with complex or multiple ASN who
require intensive-level (special) education close to their home locality.   
5.3 This will require the development of eight additional ISPs over the next 
four-year period.  Development of each ISP will require careful consideration
to ensure that the proposed school will have capacity and accommodation
that can be suitably adapted to meet the ASN of the children and young
people placed there and that there is no detrimental impact on the wider
school population. 
5.4 There will require to be a Statutory Consultation undertaken for each new ISP
(see Section 6 below) as developing a new permanent ISP constitutes
establishment of a new stage of education within schools which do not
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currently have an ISP.  This is a relevant proposal under the Schools
(Consultation) (Scotland) Act 2010 requiring a statutory consultation to be
undertaken.       
5.5 Phase 1 of Option 3 will be completed in academic year 2025/26.  It is
proposed a Statutory Consultation is completed on a proposal to permanently
establish new ISPs by January 2026 in two secondary schools, Perth High
School and Kinross High School.  At the same time, further assessment of the
school estate will be undertaken to identify a suitable school to accommodate
an ISP in a primary school within the catchment area of Perth Academy.  It is
proposed that the outcome of that assessment is brought forward to the
Learning and Families Committee on 2 April 2025 with a request to undertake
a Statutory Consultation on this option. 
5.6  Phase 2 of Option 3 will involve assessment of the school estate to consider
options to incorporate a new ISP in the Community School of Auchterarder
secondary school and also an ISP in one of its catchment primary schools;
and in St Johns (RC) Academy and also an ISP in one of its catchment
primary schools. 
5.7 Phase 3 of Option 3 will involve developing a new ISP for primary aged
children in the Kinross High School catchment area. 
6. Statutory Consultation Process 
6.1 The Education (Additional Support for Learning) (Scotland) Act 2004 places
duties on Education Authorities to provide additional support to enable
children and young people to benefit from their education.  Education
Authorities have a statutory duty in terms of the Education (Scotland) Act
1980 to make adequate and efficient provision for school education across
their area.  This duty applies in respect of both the current school population
and anticipated pattern of demand.  In addition, Councils have a statutory duty
to secure best value in terms of the Local Government in Scotland Act 2003. 
6.2 If Option 3 is agreed, the proposal to establish ISPs at Perth High School and
Kinross High School will be progressed through formal consultation of the
appropriate bodies and persons on the terms of the proposal paper for each
school, all in terms of the Schools (Consultation) (Scotland) Act 2010. 
Authors
Name Designation Contact Details
Fiona Mackay  Service Manager,
Inclusion
FBSCommittee@pkc.gov.uk  
01738 475000
Sarah Stephen Quality Improvement
Officer, Inclusion 
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Approved
Name Designation Date
David Macluskey Strategic Lead – Education
and Learning
20 January 2025 
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Annex 
1. Implications, Assessments, Consultation and Communication  
Strategic Implications Yes/None
Community Plan/Single Outcome Agreement  Yes
Corporate Plan  Yes
Resource Implications  
Financial  Yes
Workforce Yes
Asset Management (land, property, IST) No
Assessments  
Equality Impact Assessment Yes
Strategic Environmental Assessment No
Sustainability (community, economic, environmental) Yes
Legal and Governance  Yes
Risk No
Consultation 
Internal  Yes
External  Yes
Communication 
Communications Plan  Yes 
1. Strategic Implications  
Community Plan/Single Outcome Agreement 
1.1 This section sets out how the proposals relate to the delivery of the Perth and
Kinross Community Plan/Single Outcome Agreement in terms of the following
priorities: 
(i) Giving every child the best start in life;
(ii) Developing educated, responsible and informed citizens;
(iii) Promoting a prosperous, inclusive and sustainable economy;
(iv) Supporting people to lead independent, healthy and active lives; and
(v) Creating a safe and sustainable place for future generations. 
This report relates to Objective No. (ii).   
Corporate Plan 
1.2 This section sets out how the proposals relate to the achievement of the
Council’s Corporate Plan Objectives: 
(i) Giving every child the best start in life;
(ii) Developing educated, responsible and informed citizens;
(iii) Promoting a prosperous, inclusive and sustainable economy;
(iv) Supporting people to lead independent, healthy and active lives; and
(v) Creating a safe and sustainable place for future generations. 
This report relates to Objective No. (ii).  
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1.3 The report also links to the Education and Learning; and the Children,
Families and Justice Services Vision, Values and Priorities in respect of the
following key Priority area: 
• Learning and Achievement 
2. Resource Implications 
Financial 
2.1.1 The revenue cost of the current scope, of the overall project, has been
estimated at £98,658. 
2.1.2  The revenue costs associated with the implementation of the recommended
option primarily relates to staffing and are set out in Appendix 1.  Teaching
costs will be met from within the current Education and Learning budgets. 
Additional support staff costs will be funded from Scottish Government
funding for ASN.  It is anticipated that the roll out of Phase 1 and Phase 2 of
the recommended option will reduce the need for independent school
placements, and it is proposed that this reduction will fund the staffing
required for Phase 3. 
2.1.3 Capital construction work will be required to support the development of the
proposed ISP environments and will require budget funds to support the
adaptations to create appropriate learning environments.  Detailed costings to
support completion of the work required in Phase 1 are being developed and
will be reported to a future Learning and Families Committee prior to being
formally asked to make any final decisions following the statutory consultation. 
2.1.4 Any resource implications arising from the statutory consultation are likely to
relate primarily to staff time and will therefore be contained within the
Education and Learning revenue budget. 
2.1.5 The Strategic Lead – Finance and Business Support has been consulted on
the proposals within the report.   
Workforce 
2.2 As a result of this report, there will be workforce implications in terms of
resourcing any statutory consultation for several teams across Council
services which include Business Support, Finance, Property, Human
Resources and Legal Services. 
As part of the statutory consultation, there is a requirement to consult with
staff affected by the proposal. 
Asset Management (land, property, IT) 
2.3 N/A. 
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3. Assessments 
Equality Impact Assessment 
3.1 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups.  Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties. 
3.1.1 The proposals have been considered under the Corporate Equalities Impact
Assessment process (EqIA) with the following outcome: 
• Assessed as relevant and actions taken to reduce or remove the following
negative impacts: 
• An Equality and Fairness Impact Assessment and United Nations
Convention on the Rights of the Child (UNCRC) Assessment will be
undertaken as part of the statutory consultation process. 
Strategic Environmental Assessment 
3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. 
3.2.1 The proposals have been considered under the Act: however, no further
action is required as it does not qualify as a PPS as defined by the Act and is
therefore exempt. 
Sustainability 
3.3 Under the provisions of the Local Government in Scotland Act 2003, the
Council has to discharge its duties in a way which contributes to the
achievement of sustainable development.  Under the Climate Change
(Scotland) Act 2009 the Council also has a duty relating to climate change
and, in exercising its functions must act: 
• In the way best calculated to delivery of the Act’s emissions reduction
targets.
• In the way best calculated to deliver any statutory adaption programmes.
• In a way that it considers most sustainable. 
3.3.1 This report seeks to reduce emissions by establishing ISPs in the local
communities of children and young people allocated a placement, which will
reduce the number of miles they require to be transported to and from school. 
Legal and Governance 
3.4.1 Councils, as Education Authorities, have a statutory duty under the Education
(Scotland) Act 1980 to make adequate and efficient provision of school
education across their entire area for the current school population and future
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pattern of demand.  The Education (Additional Support for Learning)
(Scotland) Act 2004 places duties on Education Authorities to provide
additional support to enable children and young people to benefit from their
education. 
3.4.2 Establishing a new permanent ISP would be considered to be a new stage of
education within a school.  This requires a statutory consultation in
accordance with the Schools (Consultation) (Scotland) Act 2010 which sets
out a comprehensive framework for this consultation process.  The
consultation exercises required will be undertaken in accordance with the
2010 Act.   
3.4.3 Legal Services has been fully consulted in relation to this report and the
proposed consultation exercise. 
3.5 Not applicable. 
Risk 
3.6 Risks associated with delivery of this workstream of the ASN Transformation
Programme are included and monitored in the programme’s risk profile. 
4. Consultation 
Internal 
4.1 The Strategic Leads for Legal and Governance, Finance and Business
Support, and Services for Children, Families and Justice and key officers in
Legal, Business Support, Property Services and Finance have been consulted
in the preparation of this report.  Headteachers, directly related to Option 3,
have also been consulted. 
4.2 School staff will be involved in the statutory consultations undertaken.  
External 
4.3 The statutory consultation exercise to be undertaken in respect of this
proposal will consult with all statutory stakeholders. 
4.4  Informal consultation with stakeholders has already been undertaken through
ASN Transformation Programme exercises. 
5. Communication 
5.1 A communications plan will be prepared and implemented to support each
statutory consultation exercise. 
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2. Background Papers 
2.1 No background papers, as defined by Section 50D of the Local Government
(Scotland) Act 1973 (and not containing confidential or exempt information)
were relied on to a material extent in preparing the above report. 
3. Appendices 
3.1 Appendix 1 - Development of Intensive Support Provisions - Options Appraisal 
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1 
Appendix 1
Development of Intensive Support Provisions – Options Appraisal
1. Introduction
The Additional Support Needs (ASN) Transformation Programme aims to
significantly improve the educational experience for children and young people with
additional support needs in Perth and Kinross. The programme's vision is to help
these children thrive, gain independence, and lead fulfilling lives by ensuring they
can access the best possible learning environment and support whilst in Perth and
Kinross Council Early Learning and Childcare (ELC) settings or schools.
Nationally and locally, there are a rising number of children and young people with
ASN, including those with Autism Spectrum Disorder (ASD), Social, Emotional &
Behavioural Needs (SEBN), and other complex needs. The Pupil Census 2024 data
reported 6,973 P1 – S6 pupils with ASN, representing 39% of the total number of
pupils, up from 35% in 2023.  Within these figures it is also the case that there is a
rise in the complexity and level of need.  To meet these growing needs, the
programme is structured around four key workstreams: People, Policy, Partnerships,
and Place.  By delivering improvement in each of these areas, Education and
Learning will transform the education offer for children and young people with
additional support needs and, in turn, the education offer to all children. 
This paper supports delivery of the Place workstream and considers the need to
establish additional Intensive Support Provisions (ISPs) to enable children and
young people with complex and multiple additional support needs to be able to
access the education they require within or close to their own community. The
placement of children and young people in ISPs close to their own communities will
reduce travel distances for children accessing ISPs. 
A recent feasibility study has highlighted the current capacity issues, inequity of
opportunity and transport budget overspend. The study emphasised the need for
expansion and better geographical distribution of ISPs to reduce travel costs,
improve the experience of children, young people and families and reduce demand
for independent special school placements.  There is other related activity underway
to improve and standardise existing ISP environments and review the ISP staffing
model to ensure it is able to effectively meet the increasingly complex needs of
children now accessing ISPs. 
2. Background
There has been a significant increase in the number of children and young people
with complex and multiple ASN over recent years.  The Staged Intervention
Framework for ELC settings and schools, with realignment of resource established a
structure of enhanced support to enable more children and young people with
complex needs to be able to access their right to a mainstream education
(Presumption of mainstream). 
11
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2 
The availability of enhanced support has positively impacted children by placing
them in the most suitable environment for their needs and has reduced the number
of children escalating to intensive-level education. This enhanced support is not a
replacement for ISP placements, which are still necessary for children with complex
and multiple needs who are unable to benefit from mainstream education. However,
sustainable investment in enhanced support is necessary as without it an increased
number of children will require ISP placements. Support at this enhanced level
typically includes targeted Pupil Support Assistant (PSA) support and Outreach
Teacher intervention.  Temporary additional funding provided in 2024/25 enabled the
addition of Early Childhood Practitioner (ECP) and Play Assistant support to
augment the enhanced support teams.  These supports have enabled mainstream
schools and class teachers to adapt to successfully included children with needs at
this level in their local mainstream schools. 
There has also been an increase in the number of children and young people who
experience significant sensory overload in mainstream environments but are able to
access a mainstream curriculum. There are difficulties in reducing the stimulus in
busy school environments to provide the low-arousal environments needed by these
children and young people.  This has led to an increase in levels of emotional-based
absence, particularly for young people in the secondary sector, and demand for ISP
and independent special school placements, which creates pressure in the overall
system.   To begin to address this level of need, a class with a low-stimulus
environment was established in Coupar Angus Primary School ISP in August 2024 to
support up to six primary-aged children identified as requiring an alternative to their
mainstream setting.
Related to this is an increase in parental placing requests for independent special
schools and ASN Tribunals if placing requests are refused.
The increased number of children and young people unable to access their
education in a mainstream setting, even with the introduction of specific enhanced
support, due to the complexity of their needs, has increased the demand for ISP
placements. Education provided at this level is also known as special education. The
complexity of needs of children requiring this level of support includes many children
being non-verbal, requiring personal care, and/or requiring a low-arousal
environment. 
3. Current Position
The current Perth and Kinross Council provision for children and young people with
complex ASN who require specialist, intensive-level, education is outlined below.
Fairview School is a purpose-built special education school that serves children and
young people aged 3 to 18 years old with profound and complex ASN. The school
has a capacity of 65 pupils and operates at full capacity most years.   The staffing
ratio at Fairview is 4 staff members for every 6 pupils, and the school consists of 11
classes, including one nursery class. The senior leadership team includes a
headteacher, a depute headteacher, and two principal teachers. 
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3 
There are 15 Intensive Support Provisions (ISPs) based within nine primary schools
and six secondary schools. Together these ISPs provide special education for
children and young people aged 5 to 18 years old.  Children and young people are
allocated a place in an ISP, in line with the Council’s Admissions Policy, by a panel of
Education and Learning Officers who consider a comprehensive assessment of the
children and young people’s needs.  The limited number of ISPs means that some
children and young people are placed in ISPs out with their secondary school
catchment.  
The current overview of placements across primary and secondary Intensive Support
Provisions is as follows: 
Primary Provision No of Classes Capacity Current
placements
Pupils outwith
catchment
Coupar Angus  3 22 19 21%
Crieff  2 16 15 20%
Errol 1 8 8 66%
Inch View  2 16 20 43%
Oakbank 2 16 17 47%
RDM 4 20 24 33.3%
Riverside  2 16 20 30%
Tulloch  2 16 17 29.4%
Secondary
Provision
No of Classes Capacity Current
placements
Pupils outwith
catchment
Bertha Park 4 32 30 67%
Blairgowrie High  4 32 33 9%
Crieff High 2 16 18 17%
Perth Academy 4 32 35 37%
Perth Grammar 4 32 33 21%
All-through
Provision
No of Classes Capacity Current
placements
Pupils outwith
catchment
Breadalbane 2 16 11 54%
ISPs with 2 or more classes have a Principal Teacher with a teaching commitment
and a staffing ratio of 2 staff (1 teacher/1 PSA) to 8 children/young people, with the
exception of RDM Primary where class sizes are restricted due to room capacity. 
The decision to exceed the standard capacity of an ISP is taken following careful
consideration of the needs of existing children and young people, staffing and
classroom capacity.  With the increasing complexity of need requiring higher
staff:pupil ratios it will not be possible to exceed capacity in many future situations. 
In total, the current ISPs provide education for 300 children and young people.
The current distribution of schools with an ISP means that some of the secondary
schools and their associated group of catchment primary schools do not have an
ISP, resulting in children and young people being placed in a school outside their
local community. For example, there are no ISPs in primary or secondary schools
within the catchments for: 
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4 
• Community School of Auchterarder 
• St John’s Academy 
• Kinross High School 
Additionally, Perth High School does not have an ISP despite having three primary
schools with ISPs in its catchment area, conversely Bertha Park High School has an
ISP but does not have any catchment primary schools with an ISP.
The lack of ISPs in these catchments has several implications. It can result in a
sense of community disconnection for children and young people being placed
outside their local areas.  It means that some of the most vulnerable children and
young people in Perth and Kinross Council schools are having to travel significant
distances to school each day and for some this can increase feelings of distress
before the school day has even begun.   It also leads to increased transport costs as
children need to travel to schools outside their local communities, requiring longer
journeys, therefore with an environmental impact. Addressing the gaps and
expanding provisions in more catchments will help ensure, as far as possible, that
children and young people with ASN can access education within their local
communities, reducing transport costs and fostering a stronger sense of belonging.
Pitlochry High School and catchment primaries also do not have an ISP at either
primary or secondary stage.  Where required the children and young people from
this catchment access the ISPs at Breadalbane Academy as the two catchments
come together to form the Highland Local Management Group.  
4. Projected placement requirements
The allocation of ISP placements is considered by Education and Learning
professionals following assessment of the additional support needs of the children
and their ability to access learning in a mainstream school.  Children can be placed
in an ISP placement for P1 or at any point through primary or secondary school if
this is deemed required. Assessments are compiled by the ELC setting or school the
child currently attend, the child’s parents and Inclusion teachers (early years) and
Educational Psychologists.  The local authority also has a duty to consider any
placing requests made by parents for any specific ISP.
It is possible to predict the number of secondary ISP placements required in future
years based on the number of children and young people already assessed and
placed in an ISP.  However, it is anticipated that demand will increase as some of the
children in receipt of enhanced support in primary schools will require an ISP
placement by the time they start secondary school.  Predictions for how many
placements will be needed each year will to be tested over time, as currently most
children involved are only in P1 or 2.  If provision of enhanced support in primary
schools reduces, it will increase pressure for more ISP placements.  The number of
children presenting at P1 who require a primary ISP placement is less predictable
over the long-term as the number has grown and it is not yet clear if the year-on-year
number has stabilised.  It is important to note that the demand for placements could
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5 
also vary as a result of families moving into the area.  Analysis of previous years
indicates this could be as high as 10 children or young people a year.
Current projections based on the information available for both primary and
secondary sectors indicate that there are not sufficient placements in ISPs to meet
the level of need for the academic year 2025/26.  Without additional ISP placement
capacity, Education and Learning will be required to meet the increased cost of
providing additional teachers and PSAs to support more enhanced level of support
within mainstream. 
Primary – August 2025
Local Management
Group
Highland
Perthshire
Blairgowrie  Crieff  Perth High Perth High Perth High Perth
Academy
Perth
Grammar
Perth
Grammar 
Name of ISP
School
Breadalba
ne
Coupar
Angus Crieff Errol Inch View Oakbank RDM Riverside Tulloch Total
Available
placements in ISP  8 16 16 8 16 16 20 16 16 132
Current
placements filled 4 15 15 8 21 17 24 20 17 141
P7 leavers June
2025 1 2 3 1 3 2 4 5 3 24
Total available
spaces to
accommodate P1
intake August 2025 
5 3 4 1 0 1 0 1 2 17
Number of children being considered for possible P1 placement in an ISP – decisions on
requirement for ISP placements will be made following consideration of assessments by the end
of January 2025
36
Secondary – August 2025
Name of ISP
school
Bertha Park  Blairgowrie  Breadalbane  Crieff High  Perth Academy Perth
Grammar
Total
Total available
placements in ISP 32 32 8 16 32 32 152
Current
placements filled 29 35 7 20 36 33 160
S6 leavers May
2025 2 6 1 3 4 7 25
Confirmed S1
intake 6 2 1 2 8 7 25
Total spaces
available
following S1
intake August
2025
-1 1 1 -3 -8 -1 -11
* Minus numbers indicate the number of placements over capacity 
Based on the above data it is clear that there will be an insufficient number of ISP
placements in the years from August 2025 onwards without development of
additional classes in existing ISPs or additional ISPs.
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6 
5. Legislation
Councils, as Education Authorities, have a statutory duty under the Education
(Scotland) Act 1980 to make adequate and efficient provision of school education
across their entire area for the current school population and future pattern of
demand. The Education (Additional Support for Learning) (Scotland) Act 2004 
places duties on Education Authorities to provide additional support to enable
children and young people to benefit from their education.
Councils also have a statutory responsibility in terms of the Local Government in
Scotland Act 2003 to achieve best value, including considering occupancy and the
efficient use of resources. The Council's Learning Estate Strategy (2021) provides
information on the overall objectives and future priorities of Perth & Kinross Council
in relation to delivery of these statutory obligations in relation to the school estate.
The Education (Scotland) Act 2016 amends the Standards in Scotland’s Schools Act
2000 by adding in new duties to address inequality of outcome. These duties apply
in different ways to both Scottish Ministers and Education Authorities. Where the
Education Authority is making or implementing strategic decisions about education, it
is required to have due regard to the need to carry out its functions in a way which is
designed to reduce inequalities of outcome. This is particularly directed in the Act
towards children who experience those inequalities through socio-economic
disadvantage.
6. Options Considered
The Education (Additional Support for Learning) (Scotland) Act 2004 places a duty
on education authorities to plan and make provision for children and young people
with additional support needs, which includes those with complex or multiple needs.
Education and Learning are therefore required to keep under review and take action
to ensure that education provision in the local authority area includes sufficient
provision of intensive level education for children and young people with complex or
multiple ASN. 
To address this duty, three options have been identified:
• Option 1: Maintain existing ISP provision. 
• Option 2: Establish additional ISPs by redistributing existing resource to
provide some specialist education to almost all secondary schools and their
primary catchments.   
• Option 3: Establish additional ISPs through new Scottish Government funding
and redistribution of resource to increase placement capacity, extending
availability of specialist education to almost all secondary schools and their
primary catchments. 
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7 
Options 1 and 2 will not deliver the number of placements required for children and
young people with complex or multiple need in future years. 
The preferred option is Option 3 which would be delivered over three phases
between January 2025 and December 2028.  This will provide sufficient capacity to
meet current and projected needs, including ensuring almost all children and young
people are able to access education in their local community.  
Option 3 includes redistributing staff resources from some existing ISPs as they
reduce in size following children and young people realigning to ISPs in their
secondary school or associated primary school catchment area.  It will also require
capital and revenue funding to increase overall capacity.   Delivery of Option 3 will
involve establishing additional ISPs in 
• one primary school and two secondary schools in Phase 1; 
• two primary schools and two secondary schools in Phase 2; and 
• two primary schools in Phase 3.  
By increasing placement capacity, it will be possible for some ISPs to include classes
with low-stimulus environments for children able to access mainstream curricula but
experiencing significant sensory overload in a mainstream environment. This
approach ensures that the needs of children with complex autism are met within their
local communities rather than through placements in independent special schools.
6.1 Option 1: Maintain Existing ISP Provision
Maintaining the current number and spread of ISPs without any expansion or
redistribution of resources would present significant limitations on the Council’s
ability to meet its statutory duties.  This would manifest as follows:
• Significant unmet needs: There will be an insufficient number of ISP
placements for children and young people with complex or multiple additional
support needs, leading to children and young people having to remain in
mainstream placements with significant additional staffing and associated
costs.  This would result in potential dissatisfaction among parents and carers
including formal complaints, and increased staffing costs.   
• Increased Placing Requests and ASN Tribunals: An insufficient number of ISP
placements may also lead to increased placing requests for independent
special school placements. This would likely result in more legal disputes and
ASN tribunals, as a result of parental dissatisfaction with their child’s
educational offer and significant budgetary implications due to the cost of such
placements.
• Increased staff reports of incidents of distressed, challenging, violent or
aggressive behaviour in schools: this can impact on the wellbeing of the pupil
themselves, the learning of others and staff wellbeing, placing additional strain
the council's workforce and negatively impact the local authority’s reputation.
• Impact on staff morale and attendance: Staff would be under continued
pressure to meet the complex needs of students without sufficient resources,
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8 
negatively impacting their feeling of job satisfaction. This could lead to higher
staff turnover and difficulty in maintaining a stable and experienced workforce.
6.2 Option 2: Extend ISPs by Redistributing Existing Resources
This option involves establishing four new ISPs by reducing the size of existing ISPs
and redistributing the existing staff to the new provisions.   It would not involve
allocation of any new resource. While this approach offers some improvements in
relation to better coverage of school catchment areas and therefore access to a local
ISP for more children and young people, it has limitations:
• Limited Impact on meeting current needs: Redistributing existing resources
would not create any additional placements and, therefore, would not be
sufficient to meet the current demand for placements required for children and
young people with complex or multiple ASN. This could lead to continued
capacity issues and unmet needs and parental dissatisfaction.
• This will not meet predicted future demand: As the number of children with
ASN continues to rise, this option would not be sustainable in the long term.
Education and Learning would still face challenges in providing adequate
support, leading to potential increases in placing requests for independent
special schools and associated costs. 
• As a result, similar implications would arise as laid out in under option 1.
6.3 Option 3: Extend ISPs by Redistributing Existing and Adding New
Resources to All Localities 
The preferred option is to extend ISPs to provide specialist education environments
in all secondary school catchment areas (that is, for the secondary school and at
least 1 catchment primary school) following full consultation with school
communities.  Revenue costs to deliver this will be funded by redistributing existing
resources as children and young people in existing ISPs move into their own
catchment and allocating budget from additional Scottish Government funding for
ASN.  This will support the full cost of staff teams based upon nationally agreed
staff:pupil ratios.  This approach offers several benefits: 
• Sustainable model: Once ISPs are established in almost all areas, there will
be flexibility to adjust the number and type of placements in each provision to
align with changing needs, including reducing the number of placements
offered in a particular ISP if they are not required to meet need.  Therefore,
this option provides a sustainable model to meet the changing needs of
children with ASN, recognising that assessment of the reasons for the recent
increases needs time to inform future modelling. It ensures that resources are
allocated efficiently and effectively over time to support all children and young
people. 
• Phased implementation: The implementation will be delivered through three
phases, with Phase 1 being delivered in 2025, Phase 2 in 2026 and Phase 3
by the end of 2028. This will ensure that there is sufficient capacity, budget
and workforce development to support implementation.
• Development of ISPs will include creating some classes in ISPs with low-
stimulus environments for children able to access mainstream curricula but
not a mainstream environment. This is identified as a current gap in provision.
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• Most children and young people requiring intensive level education will be
able to access this within their secondary school catchment area, this will
reduce the requirement for home to school transport and the related spend.
Phase 1
• Primary School 1 - To identify a Perth City primary school in the Perth
Academy catchment area with suitable capacity within the school building for
an ISP.   The request to progress to statutory consultation to create this
additional primary ISP will be brought to the April 2025 Learning and Families
Committee meeting.  If agreed, the development of this ISP will require
additional and redistribution of existing resources.  To support children in the
catchment who require this provision from August 2025, interim arrangements
will be in place at the identified school until the consultation is concluded and
a final decision made by Learning and Families Committee.
• Primary School 2 – It is identified that an ISP is required at the primary level in
the Kinross High School catchment area, however a review of school
buildings has identified that neither Kinross nor Milnathort Primary Schools
have capacity to support the introduction of a two-class ISP.  Alternative
options will be explored and brought forward as Phase 3.  In the interim,
children from this area assessed as requiring an ISP will primarily be allocated
a space in the Errol ISP from August 2025 to enable children from the same
area to remain together, however it will mean that these children will still need
to travel outwith their local area to access the ISP. 
• Secondary Schools - Perth High School and Kinross High School have been
identified as having suitable building capacity within their schools to support
establishment of ISPs. The next step will be to initiate a formal consultation
and following this, to bring finalised recommendations to Learning and
Families Committee in due course.  If agreed, the developments will require
redistribution of existing resources and allocation of new Scottish Government
funding for ASN to provide additional staff resources. To support young people
in the catchment who require this provision from August 2025, interim
arrangements will be in place at both schools until the consultation is
concluded and a final decision being made by Learning and Families
Committee.
Phase 2
• Primary Schools – Identification of 2 primary schools that could progress to
formal consultation following assessment of building capacity in the
catchments of St John’s RC Academy and Community School of
Auchterarder.  The request to progress to consultation on the two primary
school ISPs will be brought to Learning and Families Committee by November
2025. If agreed, the development of these ISPs will require redistribution of
existing and the allocation of Scottish Government funding for ASN.
• Temporary primary ISP class – Development of an additional class in an
existing primary ISP to provide a temporary class for children in the Bertha
Park High School catchment to allow for the future possible development
within any new primary School in this catchment.
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• Secondary Schools– Community School of Auchterarder (Secondary) and St
John’s RC Academy have been identified as having sufficient capacity within
their buildings to support establishment of ISPs. This will involve formal
consultation and if agreed, the developments will require the allocation of
Scottish Government funding for ASN and redistribution of existing resources.
Phase 3
• A best-value option to provide an ISP to meet the needs of primary-aged
children with complex and multiple needs in the Kinross High School
catchment area will be identified and progressed.  This may require more
significant building work.
• This phase will address any remaining gaps in provision and ensure that all
school catchment areas have adequate support for students with ASN.
7. Summary of Analysis of Preferred Option
Option 3 is the preferred option and would be implemented over three phases: phase
1: Jan 2025 to December 2025, phase 2: January 2026 to December 2026 and
phase 3: January 2027 to December 2028.  The phased implementation approach
ensures that the pace of delivery can be monitored closely and adjusted as required
to be responsive to local contexts.  It also allows for a well-considered approach to
the efficient allocation of resources.
Implementation of this option will provide a comprehensive and sustainable solution
that addresses both current and future levels of complex and multiple ASN. It will
enable children with complex ASN to access appropriate education closer to home,
fostering stronger community ties and will reduce the stress of long commutes. It will
provide a specialist learning environment supported by highly skilled staff. This
option meets short and long-term needs and provides a sustainable model to meet
the needs of the current demographic profile of children with ASN. 
The establishment of ISPs in all geographic secondary school catchment areas will
reduce transport costs and emissions, enable class sizes in ISPs to have child-to-
staff ratios in line with national recommendations, and create space in existing ISPs
to provide low-stimulus environments to meet the emerging needs of neurodiverse
children and young people. 
When built, the new primary school at Bertha Park will provide the Primary School
ISP for this catchment as this has been included in planning from the outset.  Due to
the small school roll of Pitlochry High School, lack of suitable space in the school
and close links of the school with Breadalbane Academy as part of the Highland
Local Management Group (LMG), it is not considered cost effective at this time to
establish primary or secondary ISPs in the school catchment.  However, it is
recognised there may be benefits from developing the well-established nurturing and
inclusive environment that already delivers enhanced-level support in the school. 
8. Community Engagement
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A statutory consultation exercise will be undertaken to provide an opportunity for the
existing community of the schools involved in each phase, and families with children
who would be eligible to attend the school in the next two years, to share their views
on the development of the proposed ISPs in their schools.  A proposal document will
be published and available to various stakeholders, including parents, pupils, staff,
community councils, elected members, and relevant officials. Public meetings will be
held to explain the proposals and gather feedback. The Council aims to build trust
with parents and carers by delivering on its promises to provide equitable access to
education, reliable transport options, and necessary support services. This
engagement will ensure transparency and allow the community to voice their
opinions and concerns.
9. Location
Phase 1 
The proposed new ISPs will be established in 3 school settings:
• Perth High School
• Kinross High School
• Perth Academy primary catchment – To be confirmed following assessment of
building capacity to identify one primary school in the Perth Academy
catchment area with suitable space for an ISP
Perth High School is situated in Oakbank Road, Perth, PH1 1HB. A new school
building will be operational from August 2025 and will offer secondary education for
both girls and boys from S1 to S6, with capacity for 1600 pupils and current
enrolment of 1487 pupils. The new Intensive Support Provision (ISP) will utilise
specialised classrooms and areas tailored to meet the needs of children with ASN. 
Kinross High School is situated in Muirs, The Muirs, Kinross KY138FQ. The school
offers secondary education for both girls and boys from S1 to S6, with capacity for
1286 pupils and current enrolment of 912 pupils. The new Intensive Support
Provision (ISP) will utilise existing spaces in the school building, transforming them
into specialised classrooms and areas tailored to meet the needs of children with
ASN.
Assessments of building capacity are being undertaken to identify a suitable Perth-
City primary school in the catchment area of Perth Academy with sufficient physical
space to include an ISP.  The Perth Academy primary catchment includes 7 primary
schools (Balbeggie, Collace, Goodlyburn, Guildtown, Letham, RDM (already has an
ISP) and Viewlands).  This work will be undertaken in January and February 2025
and a recommendation brought back to Learning and Families Committee in April
2025.
In addition, an additional class will be established in the existing ISP at Errol Primary
School to accommodate primary age children from the Kinross High School
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catchment area who have been assessed to require an ISP placement.  This class
will be a temporary addition until a primary ISP can be established in a primary
school in this catchment area.
Phase 2
Community School of Auchterarder is situated at New School Lane, Auchterarder,
PH3 1BL. The school offers Early Learning and Childcare for children aged 2 – 5
years old and education for both girls and boys from P1 to S 6, with capacity for
1313 pupils and current enrolment of 979 pupils. The new Intensive Support
Provision (ISP) for children and young people from P1 to S6 will utilise existing
spaces, transforming them into specialised classrooms and areas tailored to meet
the needs of children with ASN.  The associated primary schools are Aberuthven,
Blackford, Community School of Auchterarder and Dunning primary Schools.
St John’s RC Academy is a Roman Catholic denominational school situated in the
North Inch Community Campus, Gowans Terrace, Perth, PH1 5BF. The school offers
Early Learning and Childcare for children aged 2 – 5 years old and education for
both girls and boys from P1 to S6, with capacity for 1256 pupils and current
enrolment of 1056 pupils. The new Intensive Support Provision (ISP) for children and
young people from P1 to S6 will utilise existing spaces, transforming them into
specialised classrooms and areas tailored to meet the needs of children with ASN. 
The associated primary schools are Our Lady's, St Dominic's, St Stephen's and St
John's RC Primary Schools.
Phase 3
Bertha Park catchment area includes Auchtergaven, Dunbarney, Forgandenny,
Logiealmond, Methven, Pitcairn and Ruthvenfield Primary Schools.  In addition,
there are plans approved to build a new primary School in Bertha Park.  It has
already been agreed that an ISP will be included in this new primary School.
Kinross High School catchment area includes Arngask, Cleish, Fossoway, Milnathort,
Portmoak and Kinross Primary Schools.
10. Socio Economic Factors
Agreement and implementation of Option 3 addresses socio-economic disparities by
ensuring that almost all children and young people, regardless of their background
and needs, have access to the education and support they need within their local
community. 
Perth and Kinross Council is committed to addressing poverty. Families where
someone has a disability are one of the groups of people at greatest risk of very
deep poverty.  (Briefing_Note_Poverty_Estimates_Perth_and_Kinross_2022_-
_2023.pdf)  Improving access to education in the child’s local community will support
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children in families experiencing poverty to have better outcomes in relation to both
learning and wider life outcomes.
Reduced travel distances for children accessing ISPs will also enable parents to
have easier access to their child’s school so that they can have an active role in
supporting their child’s learning.  Currently, parents may need to travel up to 30 miles
to attend a parent contact or planning meeting at their child’s school or to collect their
child if they are ill. Establishing ISPs in locality areas reduces the cost of school
related travel for parents and strengthens the connection between schools and their
local communities, promoting inclusion and accessibility for all children and families.  
11. The School within the Community
The proposed ISPs will enhance the local communities by providing improved
educational infrastructure and ensuring equitable access to services within local
areas. They will foster greater parental involvement, making it easier for parents to
participate in school activities and support their child's education, and community
engagement and inclusion of children and young people with ASN. The presence of
the ISPs will strengthen partnerships with local organisations, providing additional
opportunities for children and young people and supporting the development of
lifelong support systems. 
12. Projected overall provision of a localised ISP model 
Implementing a localised ISP model over 3 phases, as proposed in Option 3, will
increase overall capacity to meet the required specialist educational placements for
children and young people with complex and multiple ASN in Perth and Kinross. This
will increase the number of classes from 16 to 22 in primary provisions, and from 19
to 23 in secondary provisions.
School catchment Primary ISP Secondary ISP
Bertha Park  Phase 3 - as part of new primary
School build – 2 classes
Existing ISP - 4 classes -
expected to reduce to 2
classes
Blairgowrie  Existing ISP - 3 classes  Existing ISP - 4 classes -
expected to reduce to 3
classes
Breadalbane Existing ISP - 1 class Existing ISP - 1 class 
Crieff Existing ISP - 2 classes  Existing ISP - 2 classes 
Kinross  Phase 3 - 2 new classes Phase 1 – 1 new class with
option to extend to 2 classes
when required
Perth Grammar  Existing ISPs - 4 classes Existing ISP - 4 classes
Perth High  Existing ISPs - 5 classes Phase 1 – 2 new classes
Perth Academy Existing ISP - 4 classes - 20
placements due to room capacity –
reduce to 2 x 8 placements classes 
Existing ISP - 4 classes
Phase 1 – additional ISP - 2 classes
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Community School of
Auchterarder
Phase 2 – 1 new class  Phase 2 – 1 new class 
St John’s  Phase 2 – 1 new class Phase 2 – 1 new class
13. Building Information/Suitability
The proposed ISPs in Phase 1 and Phase 2 will be situated within existing school
buildings and will comprise various accommodations, including ASN classrooms,
nurture/lifeskills space, sensory/low-stimulus/breakout/quiet rooms, and dedicated
outdoor play areas for the children and young people in placement. These facilities
will be designed to provide appropriate environments for children with complex
needs, ensuring they have access to the resources they need to thrive. The design
will incorporate best practices and lessons from existing successful provisions,
ensuring accessibility and inclusivity throughout.
The allocation of rooms identified for the new ISPs will not negatively impact other
children and young people in the schools concerned.
14. Financial Information and Impact
This proposal focuses on maximising use of existing school buildings where possible
to provide a wider education offer while also reducing the cost of school transport. 
The proposal also supports the wider strategic objectives of the Council and the
needs of our communities by providing more localised education for children and
young people with complex and multiple additional support needs.
The revenue costs associated with implementation of Option 3 primarily relate to
staffing.  Teaching costs for the new ISPs will be met from within the current
Education and Learning budgets by realignment of posts. The additional support
staff costs for the initial phases will be funded from the Scottish Government funding
for additional support needs.  It is anticipated that the roll out of Phases 1 & 2 will
reduce the need for independent school placements and it is proposed this reduction
will fund staffing required for Phase 3.  
Summary ISP Proposal Phase 1 Phase 2 Phase 3 Total 
New ISP Settings 3 2 2 7
Additional classes 4 3 3 10
Realignment of teaching FTE from
other areas of PKC  5.02 3.82 3.93 12.77
Additional PSA posts (no of posts) 6 3 3 12
Costs of additional PSA posts £180,370 £90,185 £87,533 £358,088
Additional costs due to Promoted post £49,329 £32,886 £16,443 £98,658
Total additional costs £229,699 £123,071 £103,976 £456,746
Capital construction work will be required to support the development of ISP
environments that meet the needs of children and young people placed in these
settings.  Therefore, budget will be required to support adaptations of appropriate
learning environments. Detailed costings to support completion of work required in
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Phase 1 are being developed and will be reported to a future Committee prior to the
Learning and Families Committee being asked to make a final decision following
statutory consultation.
15. Impact on Travel Arrangements
The establishment of the additional ISPs will provide an opportunity for children and
young people who are already in ISPs outwith their catchment areas to move to an
ISP closer to their home.  This will be taken forward on an individual basis with the
agreement of families, recognising the importance of consistency for many of the
children and young people involved.
Transport arrangements for the newly established ISPs will be made in line with the
current Perth and Kinross Council policy for home to school transport. Modelling of
the distances children and young people will need to travel if Option 3 is
implemented has demonstrated that the additional ISPs will reduce the need for
some pupils to travel significant distances, lowering costs and reducing the
environmental footprint of the Council.  Any savings that are achieved through this
will offset future inflationary pressures in the home to school transport budget.
16. Environmental Impact
Reduced travel distances for children accessing ISPs will result in a lower
environmental impact and reduced transportation costs, creating a more sustainable
model of education delivery. This approach aligns with the Council's sustainability
goals and fosters stronger community connections. By reducing the need for long-
distance travel, the Council will also lower the environmental impact associated with
commuting, contributing to a greener and more sustainable future.
17. Education Benefits Statements 
An Education Benefits Statement (EBS) will be prepared and included in the
Statutory Consultation proposal paper for each school where a new ISP is proposed. 
The EBS will provide an analysis of impact of the ISP for children or young people
that will attend the ISP and for all children or young people in the school.   A separate
EBS will be provided for each school as the benefits may differ in each school,
however a summary of general benefits is set out below.  
It is intended that ISPs will be fully accessible and equipped with modern solutions to
meet specific needs, ensuring the best learning opportunities for every pupil. They
will include accommodation with dedicated spaces such as classrooms, a sensory
room, a medical room, and outdoor play areas.
Staff will have appropriate qualifications and expertise, working in partnership with
various agencies like Educational Psychology, Speech and Language Therapy, and
Occupational Therapy to meet each child's needs. Pupils will have Individualised
Education Plans to ensure their needs are met with a differentiated curriculum.
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The provision will offer one-to-one and small group learning and include building
skills for social and personal relationships. There will be access to subject teachers
as appropriate to the age and stage of the children and young people to provide a
full curriculum.  
Reduced travel will benefit pupils by reducing anxiety and improving readiness for
learning.
The proposal will not impact current teaching sets and will comply with accessibility
standards. It aims to enhance the Local Authority’s capacity to support young people
with severe and complex ASN within mainstream education.
Children and young people will be supported to access school community events
alongside their mainstream peers, providing opportunities for all of the children and
young people to develop their understanding of and learn from each other. 
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