Office of Public Sector Information
(1) In the PPVA 1981, after section 12 (PSV operators' licences) insert—
Schedule 2A (which relates to the detention, removal and disposal of PSVs which are adapted to carry more than 8 passengers and in respect of which it appears that section 12(1) is contravened) shall have effect.”.
(2) After Schedule 2 to that Act insert, as Schedule 2A, the Schedule set out in Schedule 3 to this Act.
(1) Section 6 of the TA 1985 (registration of local services) is amended as follows.
(2) After subsection (2) (conditions for providing service) insert—
“(2A) Where—
(a) any registration restrictions imposed under section 114(3A) of the Transport Act 2000 (quality partnership schemes) are in force, and
(b) an application for registration is made in respect of a service in relation to which those restrictions have effect,
section 6A of this Act has effect in relation to the application.”.
(3) After section 6 of the TA 1985 insert—
(1) This section applies in any case where—
(a) any registration restrictions imposed under section 114(3A) of the Transport Act 2000 are in force in the case of a quality partnership scheme (“the scheme”);
(b) an application for registration, or for variation or cancellation of registration, is made under section 6 of this Act to a traffic commissioner in respect of a local service in relation to which those restrictions have effect; and
(c) the application is one which would fall to be accepted by the traffic commissioner, apart from this section.
(2) In any such case the traffic commissioner, before deciding whether or not to accept the application, must give to—
(a) each relevant authority, and
(b) each relevant operator,
a notice complying with subsection (3) below.
(3) The notice must—
(a) identify the application and state that it has been made;
(b) provide prescribed particulars of the application;
(c) inform the persons to whom it is required to be sent of the right of each of them to make relevant representations to the traffic commissioner about the application.
(4) If no relevant representations are made, the application is to be accepted.
(5) If any relevant representations are made by a relevant authority or a relevant operator, the traffic commissioner must decide whether the effect of accepting the application would be detrimental to the provision of local services under the scheme.
(6) The traffic commissioner may decide that question only after—
(a) considering those representations;
(b) taking account of any other relevant applications and any relevant representations made in relation to those applications;
(c) holding such inquiries under section 54 of the 1981 Act as the traffic commissioner may think fit; and
(d) applying the registration criteria.
(7) If the traffic commissioner decides that the effect of accepting the application would not be detrimental to the provision of such services, the application is to be accepted.
(8) If subsection (7) above does not apply, the traffic commissioner may do any one or more of the following—
(a) refuse to accept the application;
(b) require the applicant to amend the application in such respects as the traffic commissioner may require before submitting it again;
(c) if the applicant has not given a written undertaking under section 118(4) of the Transport Act 2000 in relation to the scheme, require the applicant to give such an undertaking before the application may be accepted.
(9) An appeal against any decision of a traffic commissioner under this section may be made to the Transport Tribunal by any of the following persons—
(a) the person who made the application;
(b) any relevant authority that made relevant representations against the application;
(c) any relevant operator who made relevant representations against the application.
As respects appeals to the Transport Tribunal, see Schedule 4 to this Act.
(10) An appeal lies (in accordance with paragraph 14 of Schedule 4 to this Act) at the instance of any of the persons mentioned in the paragraphs of subsection (9) above from a decision of the Transport Tribunal on an appeal under that subsection.
(11) Regulations may be made for the purposes of carrying this section into effect; and the provision that may be made by any such regulations includes provision—
(a) as to the procedure for giving notice under subsection (2) above;
(b) prescribing the particulars of the application that are to be provided in such a notice;
(c) as to the procedure for making relevant representations;
(d) as to the procedure to be followed in determining the application.
(12) In this section—
“quality partnership scheme” means a scheme under section 114 of the Transport Act 2000;
“registration criteria” means the criteria specified in the scheme by virtue of section 114(3C) of the Transport Act 2000;
“relevant application” means any application under section 6 of this Act—
which is made in respect of a local service in relation to which the registration restrictions have effect, and
which (whenever made) is awaiting the decision of the traffic commissioner;
“relevant authority” means the authority, or any of the authorities, that made the scheme;
“relevant operator” means—
any operator of local services who has given an undertaking under section 118(4) of the Transport Act 2000 in respect of the scheme;
any other operator of local services which might be affected if the application were to be accepted;
“relevant representations” means representations that the effect of accepting the application would be detrimental to the provision of services under the scheme, having regard to the registration criteria.”.
(1) Section 6 of the TA 1985 (registration of local services) is amended as follows.
(2) After subsection (2A) (which is inserted by section 48) insert—
“(2B) Where—
(a) a quality contracts scheme under section 124 of the Transport Act 2000 is in force,
(b) an operator proposes to provide a local service which is to have one or more stopping places within the area to which the scheme relates,
(c) the proposed service is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and
(d) the operator does not propose to provide the service under a quality contract by virtue of the scheme,
section 6B of this Act has effect with respect to registration of that service.”.
(3) After subsection (7) (variation or revocation of registration) insert—
“(7A) Where—
(a) a quality contracts scheme under section 124 of the Transport Act 2000 is in force,
(b) the operator of a local service registered under this section proposes to vary the registration,
(c) the service, as proposed to be varied, is to have one or more stopping places within the area to which the scheme relates,
(d) the service, as proposed to be varied, is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and
(e) the operator does not propose to provide the service, as proposed to be varied, under a quality contract by virtue of the scheme,
section 6B of this Act has effect with respect to the variation of the registration.”.
(4) In subsection (8) (time when variation etc becomes effective) after “Subject to regulations under this section” insert “and, in the case of variation, to section 6B of this Act,”.
(5) After section 6A of the TA 1985 (which is inserted by section 48) insert—
(1) This section applies—
(a) by virtue of subsection (2B) of section 6 of this Act (“Case 1”), in relation to registration of the proposed local service mentioned in that subsection;
(b) by virtue of subsection (7A) of that section (“Case 2”), in relation to the proposed variation of the registration mentioned in that subsection.
(2) Where this section applies, the operator may apply to a traffic commissioner—
(a) in Case 1, for registration of the proposed service under section 6 of this Act, or
(b) in Case 2, for variation of the registration under that section,
notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections 6 to 9 of this Act not to apply).
(3) The traffic commissioner must not accept the application except in accordance with subsections (4) to (6) below.
(4) On receipt of the application, the traffic commissioner must consult the authority or authorities who made the quality contracts scheme.
(5) If, within the prescribed time, the traffic commissioner receives from the authority or authorities a clearance certificate in respect of the application, the traffic commissioner must—
(a) in Case 1, register the service under section 6 of this Act, or
(b) in Case 2, vary the registration under that section.
(6) If the traffic commissioner does not receive such a certificate within that time, the application must be rejected.
(7) In relation to Case 2, regulations may prescribe cases in which subsections (3) to (6) above do not apply.
(8) In this section—
“clearance certificate” means a certificate that the provision—
in Case 1, of the proposed local service, or
in Case 2, of the local service as proposed to be varied,
will not have an adverse effect on local services provided under quality contracts in the area to which the quality contracts scheme relates;
“prescribed” means prescribed in regulations;
“the relevant authority or authorities” means the authority or authorities—
who last continued the quality contracts scheme in force under section 131A of the Transport Act 2000, or
if the scheme has not been so continued, who made it.”.
(1) Section 7 of the TA 1985 (application of traffic regulation conditions to local services subject to registration under section 6 of that Act) is amended as follows.
(2) In subsection (1) (traffic authority requesting traffic commissioner to exercise powers in relation to a particular traffic problem) after “particular traffic problem” insert “which has arisen or which the authority reasonably foresees is likely to arise”.
(3) In subsection (4) (traffic commissioner to be satisfied that the conditions are required for certain purposes) for “are required” substitute “are, or are likely to be, required”.
(1) Section 9 of the TA 1985 (appeals against traffic regulation conditions) is amended as follows.
(2) In subsection (1) (appeals are to the Secretary of State) for “the Secretary of State” substitute “the Transport Tribunal”.
(3) Omit subsections (3) and (4).
(4) For subsection (5) (further appeal) substitute—
“(5) An appeal lies (in accordance with paragraph 14 of Schedule 4 to this Act) at the instance of any of the persons mentioned in subsection (6) below from a decision of the Transport Tribunal on an appeal under this section.”.
(5) In subsection (6)—
(a) for “the Secretary of State” substitute “the Transport Tribunal”;
(b) for “him” (in both places) substitute “the tribunal”.
(6) Omit subsections (7) to (9).
(1) Section 126(1) of the TA 1985 (application of section 52 of the PPVA 1981, which relates to fees, to registration of local services etc) is amended as follows.
(2) In paragraph (a) after “for the variation” insert “or cancellation”.
(3) After paragraph (a) insert—
“(aa) the continuation in force of registrations under that section;”.
(1) Section 12 of the TA 1985 (use of taxis in providing local services) is amended as follows.
(2) In subsection (1) (application by holder of taxi licence for special licence to provide local service by means of licensed taxis)—
(a) after “a taxi licence” insert “or a private hire vehicle licence”;
(b) in paragraph (b) after “licensed taxis” insert “or licensed hire cars”.
(3) In subsection (5)—
(a) after “a taxi licence” insert “or a private hire vehicle licence”;
(b) for “the taxi licence of the vehicle in question” substitute “the relevant licence for that vehicle”.
(4) In subsection (7) for “taxi licences” substitute “relevant licences”.
(5) In subsection (8) after “a licensed taxi” insert “or a licensed hire car”.
(6) In subsection (9) after “a licensed taxi” insert “or a licensed hire car”.
(7) In subsection (10) for the words from “Such provisions” to “being so used;” substitute “At any time when a licensed taxi or a licensed hire car is being so used the prescribed provisions of the taxi code or, as the case may be, the hire car code shall apply in relation to it;”.
(8) After subsection (10) insert—
“(10A) In subsections (9) and (10) “prescribed” means prescribed by the appropriate authority.”.
(9) In consequence of the amendments made by this section, in the heading to section 12 after “taxis” there is inserted “or hire cars”.
(1) Section 13 of the TA 1985 (provisions supplementary to sections 10 to 12) is amended as follows.
(2) In subsection (1) (power to modify codes for purposes of sections 10 to 12)—
(a) for “The Secretary of State” substitute “The appropriate authority”;
(b) for “he” substitute “it”.
(3) Subsection (3) (interpretation of terms used in sections 10 to 12) is amended as follows.
(4) Before the definition of “licensed taxi” insert the following definition—
““the appropriate authority” means—
(a) in relation to—
a taxi licensed under section 37 of the Town Police Clauses Act 1847 or any similar enactment which applies outside the London taxi area,
a licensed hire car licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976, or
a taxi or private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982,
the Secretary of State;
(b) in relation to—
a taxi licensed under section 6 of the Metropolitan Public Carriage Act 1869, or
a licensed hire car licensed under section 7 of the Private Hire Vehicles (London) Act 1998,
Transport for London;”.
(5) For the definition of “licensed hire car” substitute—
““licensed hire car” means—
(a) in England and Wales—
for the purposes of section 11 of this Act, a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998,
for the purposes of section 12 of this Act, a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;
(b) in Scotland, a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;”.
(6) After the definition of “taxi licence” insert—
““relevant licence” means—
(a) in relation to a licensed taxi, a taxi licence, and
(b) in relation to a licensed hire car, a private hire vehicle licence;
“private hire vehicle licence” means—
(a) in England and Wales, a licence under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;
(b) in Scotland, a private hire car licence under section 10 of the Civic Government (Scotland) Act 1982.”.
(7) In the definition of “hire car code”, after “used as mentioned in section 11” insert “or 12”.
(8) After section 13 of the TA 1985 insert—
(1) Transport for London may by order provide that section 12 of this Act is to apply to vehicles licensed under section 7 of the Private Hire Vehicles (London) Act 1998 as it applies to vehicles licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976.
(2) An order under subsection (1) of this section may amend the definitions of “licensed hire car” and “private hire vehicle licence” in section 13 of this Act accordingly.
(3) Transport for London must consult such representative organisations as it thinks fit before making—
(a) regulations under section 12(9) or (10) of this Act;
(b) an order under section 13(1) of this Act or subsection (1) of this section.
(4) Any power of Transport for London to make—
(a) regulations under section 12(9) or (10) of this Act, or
(b) an order under section 13(1) of this Act,
includes a power to vary or revoke any previous such regulations or order (as the case may be).
(5) Subsection (4) applies notwithstanding that the previous regulations were made, or the previous order was made, by the Secretary of State by statutory instrument.
(6) Transport for London must print and publish—
(a) any regulations made by it under section 12(9) or (10) of this Act;
(b) any order made by it under section 13(1) of this Act or subsection (1) of this section.
(7) Transport for London may charge a fee for the sale of copies of any regulations, or any order, printed under subsection (6).”.
(1) Section 36 of the Disability Discrimination Act 1995 (c. 50) (carrying of passengers in wheelchairs) is amended as follows.
(2) In subsection (1)(b) for “taxi” substitute “vehicle”.
(3) After subsection (1) insert—
“(1A) This section also imposes duties on the driver of a designated vehicle other than a regulated taxi if—
(a) the designated vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and
(b) a person falling within paragraph (a) or (b) of subsection (1) has indicated to the driver that he wishes to travel on the service.”.
(4) In each of subsections (2), (3) and (4) for “taxi” (wherever occurring) substitute “vehicle”.
(5) In subsection (5) after “a regulated taxi” insert “or designated vehicle”.
(6) In subsection (6)—
(a) after “at the time of the alleged offence” insert—
“(a) in the case of a regulated taxi,”;
(b) after “it was required to conform,” insert—
“(b) in the case of a designated vehicle, the vehicle conformed to the accessibility requirements which applied to it,”;
(c) for the word “taxi” (in the last place where it appears) substitute “vehicle”.
(7) After subsection (9) insert—
“(10) The driver of a designated vehicle is exempt from the duties imposed by this section if—
(a) a certificate of exemption issued to him under this section is in force; and
(b) he is carrying the certificate on the vehicle.
(11) The driver of a designated vehicle who is exempt under subsection (10) must show the certificate, on request, to a person falling within paragraph (a) or (b) of subsection (1).”.
(8) After subsection (11) insert—
“(12) In this section—
“designated vehicle” means a vehicle which appears on a list maintained under section 36A;
“licensing authority” has the meaning given by section 36A.”.
(1) The Disability Discrimination Act 1995 (c. 50) is amended as follows.
(2) After section 36 insert—
(1) A licensing authority may maintain a list of vehicles falling within subsection (2).
(2) A vehicle falls within this subsection if—
(a) it is either a taxi or a private hire vehicle,
(b) it is being used or is to be used by the holder of a special licence under that licence, and
(c) it conforms to such accessibility requirements as the licensing authority thinks fit.
(3) “Accessibility requirements” are any requirements for the purpose of securing that it is possible for disabled persons in wheelchairs—
(a) to get into and out of vehicles in safety, or to be conveyed in safety into and out of vehicles while remaining in their wheelchairs; and
(b) to be carried in vehicles in safety and reasonable comfort (whether or not they wish to remain in their wheelchairs).
(4) The Secretary of State may issue guidance to licensing authorities as to—
(a) the accessibility requirements which they should apply for the purposes of this section;
(b) any other aspect of their functions under or by virtue of this section.
(5) A licensing authority which maintains a list under subsection (1) must have regard to any guidance issued under subsection (4).
(6) In this section—
“licensing authority”, in relation to any area, means the authority responsible for licensing taxis or, as the case may be, private hire vehicles in that area;
“private hire vehicle” means—
a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;
a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998;
a vehicle licensed under an equivalent provision of a local enactment;
a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;
“special licence” has the meaning given by section 12 of the Transport Act 1985 (use of taxis in providing local services);
“taxi” includes a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982.”.
(3) Section 38 (appeal against refusal of exemption certificate) is amended as follows.
(4) In subsection (1) after “a magistrates' court” insert “or, in Scotland, the sheriff court”.
(5) In subsection (2) for “this section” substitute “subsection (1)”.
(6) At the end of the section insert—
“(4) Any person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 36A may appeal to a magistrates' court or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the inclusion.
(5) In this section “licensing authority” has the meaning given by section 36A.”.
(7) In consequence of the amendments made by subsections (4) to (6), the heading to section 38 becomes “Appeals”.
(8) In section 68(1) (interpretation), in the definition of “licensing authority”, for “section 37A” substitute “sections 36, 36A, 37A and 38”.
(9) In section 70 (commencement etc) after subsection (2) insert—
“(2A) The following provisions of this Act—
(a) section 36 so far as it applies to designated vehicles,
(b) section 36A, and
(c) section 38 (which has already been brought in force in England and Wales by an order under subsection (3)) so far as it extends to Scotland,
come into force 2 months after the passing of the Local Transport Act 2008.”.
Local Transport Act 2008