4.—(1) A licensed operator (“the first operator”) who has accepted a taxi booking may not arrange for another person who requires an operator’s licence to provide a taxi to carry out that booking as sub-contractor unless the other person is a licensed operator and the sub-contracted booking is accepted in accordance with this Act or with any provision made under it.
(2) A licensed operator who contravenes subsection (1) is guilty of an offence.
(3) It is a defence in proceedings for an offence under this section for a licensed operator to show that the licensed operator exercised all due diligence to avoid committing such an offence.
(4) It is immaterial for the purposes of subsection (1) whether or not sub-contracting is permitted by the contract between the first operator and the person who made the booking.
(5) For the avoidance of doubt (and subject to any relevant contract terms), a contract of hire between a person who made a taxi booking in accordance with this Act or with any provision made under it and the licensed operator who accepted the booking remains in force despite the making of arrangements by that operator for another contractor to provide a taxi to carry out that booking as sub-contractor.