Annex 6 - Legislation extracts.
(1) Subject to the provisions of this Part of this Act, a district council shall, on receipt of an application from any person for the grant to that person of a licence to operate private hire vehicles grant to that person an operator’s licence:
Provided that a district council shall not grant a licence unless they are satisfied
(a) that the applicant is a fit and proper person to hold an operator’s licence; and
(b) if the applicant is an individual, that the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle.
(1A) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.
(2) Subject to section 55ZA, every licence granted under this section shall remain in force for five years or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case.
(3) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary.
(4) Any applicant aggrieved by the refusal of a district council to grant an operator’s licence under this section, or by any conditions attached to the grant of such a licence, may appeal to a magistrates’ court
(1) Subsection (2) applies if—
(a) a licence under section 55 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);
(b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and
(c) apart from subsection (2), the period for which the licence would have been in force would have ended after the end of the leave period.
(2) The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must end at or before the end of the leave period.
(3) Subsection (4) applies if—
(a) a licence under section 55 is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; and
(b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).
(4) The district council which grants the licence must specify a period in the licence as the period for which it remains in force; and that period must not exceed six months.
(5) A licence under section 55 ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle.
(6) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the district council which granted the licence.
(7) If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the district council which granted the licence.
(8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence and liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale; and
(b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.
(9) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (8)(b).
(10) Regulations under subsection (9) may make transitional, transitory or saving provision.
(11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
55A Sub-contracting by operators
(1) A person licensed under section 55 who has in a controlled district accepted a booking for a private hire vehicle may arrange for another person to provide a vehicle to carry out the booking if—
(a) the other person is licensed under section 55 in respect of the same controlled district and the sub- contracted booking is accepted in that district;
(b) the other person is licensed under section 55 in respect of another controlled district and the sub- contracted booking is accepted in that district;
(c) the other person is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London; or
(d) the other person accepts the sub-contracted booking in Scotland.
(2) It is immaterial for the purposes of subsection (1) whether or not sub-contracting is permitted by the contract between the person licensed under section 55 who accepted the booking and the person who made the booking.
(3) Where a person licensed under section 55 in respect of a controlled district is also licensed under that section in respect of another controlled district, subsection (1) (so far as relating to paragraph (b) of that subsection) and section 55B(1) and (2) apply as if each licence were held by a separate person.
(4 )Where a person licensed under section 55 in respect of a controlled district is also a London PHV operator, subsection (1) (so far as relating to paragraph (c) of that subsection) and section 55B(1) and (2) apply as if the person holding the licence under section 55 and the London PHV operator were separate persons.
(5) Where a person licensed under section 55 in respect of a controlled district also makes provision in the course of a business for the invitation or acceptance of bookings for a private hire car or taxi in Scotland, subsection (1) (so far as relating to paragraph (d) of that subsection) and section 55B(1) and (2) apply as if the person holding the licence under section 55 and the person making the provision in Scotland were separate persons.
In this subsection, “private hire car” and “taxi” have the same meaning as in sections 10 to 22 of the Civic Government (Scotland) Act 1982.
(6) In this section, “London PHV operator” and “operating centre” have the same meaning as in the Private Hire Vehicles (London) Act 1998.
55B Sub-contracting by operators: criminal liability
(1) In this section—
(2) The first operator is not to be treated for the purposes of section 46(1)(e) as operating a private hire vehicle by virtue of having invited or accepted the booking.
(3) The first operator is guilty of an offence if—
(a) the second operator is a person mentioned in section 55A(1)(a) or (b),
(b) the second operator contravenes section 46(1)(e) in respect of the sub-contracted booking, and
(c) the first operator knew that the second operator would contravene section 46(1)(e) in respect of the booking.