Scotland widens visitor levy law for councils
'Tourism in rural areas' now sits plainly in the text of Scotland's visitor levy law, and that tells its own story. The Visitor Levy (Amendment) (Scotland) Act 2026 was passed by the Scottish Parliament on 24 March 2026 and received Royal Assent on 21 May 2026, widening the 2024 law and giving councils a broader set of options over how a visitor levy can be charged and run. The wording published on legislation.gov.uk is dense, but the message is simple enough. This is not just tidy-up work in Holyrood. It is the practical rulebook for how councils in tourism-heavy places can raise money from overnight stays without leaving accommodation businesses to guess how the system is meant to work.
The biggest shift is that councils are no longer tied to a percentage-only approach. Under the amendment, a local authority can choose whether the levy is charged as a percentage of the accommodation price or as a fixed amount for each night. That fixed amount is not a one-size-fits-all charge. Councils can set different amounts for different purposes, different parts of their area and different categories of overnight accommodation, and the Act says the amount may even be nil in some cases. Scottish Ministers also have the power to set a maximum after consultation, which means local flexibility comes with a national backstop.
There is also a quieter but important concession to the businesses that will have to collect the money. Councils may allow liable persons to deduct and retain part of the levy to cover administrative costs, either as a fixed amount or as a percentage of the levy due. That matters because the politics of a visitor levy are one thing and the paperwork is another. Hotels, guest houses, self-catering operators and other accommodation providers are the ones dealing with invoices, returns and payments, and the Act now admits that this has a cost. It also gives councils a route to disallow those deductions where penalties have been incurred, so the relief is conditional rather than automatic.
The Act also clears up how the levy works when bookings pass through third parties. Where overnight accommodation is first bought from the accommodation provider by a third party and later sold on to the actual guest, the chargeable transaction is the initial one, not the later resale. In plain terms, the levy follows the original purchase from the provider. The person who eventually turns up is treated as taking entry under that initial transaction. That should help avoid muddle in booking chains and sits alongside another useful correction in the schedule: one room or area on one night should only face one levy, even if more than one scheme might otherwise be in view.
There is more structure around timing as well. Significant changes to a scheme will now need a longer run-up, with some modifications requiring at least 18 months' notice and others at least six months from the point a council publishes that it intends to proceed. That may sound procedural, but it is the kind of detail that matters on the ground. Booking systems, contracts, pricing pages and seasonal offers cannot be rewritten overnight. The Act also opens the door to regulations on amending returns, and it gives businesses some temporary protection where failures relate to the rule changes themselves rather than outright refusal to comply.
One of the most telling lines in the amendment sits in the reporting rules. When Scottish Ministers review how the law is working, they must now look specifically at the effect of visitor levy schemes on businesses and communities, and on 'tourism in rural areas'. That is more than a drafting tweak. It is a recognition that a levy that might be manageable in a major city can land very differently in a seasonal rural economy, where margins are tighter, staffing is harder and visitor spending can make or break a year. For councils in places that rely on tourism but also carry the cost of roads, bins, public loos and local services, that distinction matters.
For readers in the North of England, this is Scottish law, but it is not just a Scottish conversation. Border economies, rural destinations, heritage towns and coastal areas all wrestle with the same basic question: how do you pay for the pressures created by a successful visitor economy without punishing the very businesses that keep it alive? What Scotland now has is a fuller operating model. It recognises that councils may want a flat nightly charge rather than a percentage, that accommodation businesses may need some cover for administration, and that rural areas cannot be treated as an afterthought. That will be read closely well beyond Edinburgh and Glasgow.
The Act does not settle every point. Scottish Ministers have taken further powers to write regulations on how parts of the system work, and some provisions begin the day after Royal Assent while several of the heavier operational changes follow two months later or on dates still to be appointed. Even so, the direction is clear. Scotland is moving its visitor levy from principle into practice. For local authorities, that means sharper choices. For accommodation providers, it means clearer duties. For regional economies built on tourism, it means the real test is about to begin.