The Taxi Licensing (Amendment No. 2) (Coronavirus) Regulations (Northern Ireland) 2020

Statutory Rules of Northern Ireland

2020 No. 190

Road Traffic And Vehicles

The Taxi Licensing (Amendment No. 2) (Coronavirus) Regulations (Northern Ireland) 2020

Made

2nd September 2020

Coming into operation

7th September 2020

The Department for Infrastructure(1) makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(2) and sections 13(3) and (5), 20 and 56(1) and (2) of the Taxis Act (Northern Ireland) 2008(3) and now vested in it(4).

The Department for Infrastructure is designated(5) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the testing of the roadworthiness of motor vehicles and measures relating to the carriage of passengers and goods by road.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Taxi Licensing (Amendment No. 2) (Coronavirus) Regulations (Northern Ireland) 2020 and come into operation on 7^th September 2020.

(2) The Interpretation Act (Northern Ireland) 1954(6) applies to these Regulations as it applies to an Act of the Assembly.

Amendment of the Taxi Licensing Regulations (Northern Ireland) 2015

2.—(1) Regulation 3A (automatic renewal of licences) of the Taxi Licensing Regulations (Northern Ireland) 2015(7) is amended in accordance with paragraphs (2) and (3).

(2) For paragraph (1) substitute—

“(1) Paragraph (2) applies where a taxi licence granted in respect of a taxi before 10^th October 2020 has expired in the period beginning with 9^th March 2020 and ending with 31^st May 2021.”.

(3) At the end of paragraph (2) after “regulation 7(1) or (2)” add—

“,

provided that the aggregate period for which any consecutive automatic renewal licences are granted shall not exceed 12 months for any taxi”.

Sealed with the Official Seal of the Department for Infrastructure on 2^nd September 2020

Chris Hughes

A senior officer of the

Department for Infrastructure

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Taxi Licensing Regulations (Northern Ireland) 2015 (“the 2015 Regulations”) to extend arrangements for the automatic renewal of existing taxi licences due to the COVID-19 (coronavirus) public health emergency.

The Taxi Licensing (Amendment) (Coronavirus) Regulations (Northern Ireland) 2020 (“the 2020 amendment Regulations”) provided for the automatic renewal of existing taxi licences that fell within defined parameters without the prior inspection and testing of the vehicle. Licences automatically renewed under those Regulations last for a period of 6 months and are subject to the additional conditions prescribed. They were also granted free of charge.

These Regulations extend those arrangements so that those licences which have already been automatically renewed for a 6 month period can be again renewed automatically for a further 6 months. In addition, any taxi licence granted before 10^th October 2020 that expires between 9^th March 2020 and 31^st May 2021 may now be automatically renewed for a maximum period of 12 months. All taxi licences automatically renewed under these Regulations are granted free of charge and are subject to the additional conditions already prescribed for such licences. Schedule 1A to the 2015 Regulations contains the prescribed additional conditions as inserted by the 2020 amendment Regulations. The aggregate period for which any consecutive automatic renewal licences are granted must not exceed 12 months for any taxi.

These arrangements will apply for a limited time while the effects of the COVID-19 emergency continue to adversely affect the ability of the Driver and Vehicle Agency to perform its vehicle inspection and testing role.

An Explanatory Memorandum has been produced and is available from Safe and Accessible Travel Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr

(1)

Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved

(2)

1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

(3)

2008 c. 4 (N.I.)

(4)

See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)

(5)

S.I. 1977/1718 and S.I. 1996/266

(6)

1954 c. 33 (N.I.)

(7)

S.R. 2015 No. 393 as amended by S.R. 2016 No. 140, S.R. 2017 No. 141, S.R. 2018 No. 90, and S.R. 2020 No. 64