The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2002

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2002 and, subject to paragraph (2) below, shall come into force on 2nd December 2002.

(2) Regulations 2 and 3 shall come into force on 3rd March 2003.

(3) These Regulations extend to Scotland only.

(4) In these Regulations–

“the 1982 Act” means the Civic Government (Scotland) Act 1982;

“an assistance dog” means a dog which–

(a)

is trained by a charity to assist a disabled person with a physical impairment for the purposes of section 1 of the Disability Discrimination Act 1995(1) which–

(i)

consists of epilepsy; or

(ii)

otherwise affects the mobility, manual dexterity or physical co ordination of that person or the ability of that person to lift, carry or otherwise move everyday objects; and

(b)

at the time that the disabled person whom it is assisting hires a taxi, is wearing a jacket inscribed with the name of a charity;

“a guide dog” means a dog which has been trained to guide a blind person; and

“a hearing dog” means a dog which has been trained to assist a deaf person.

Prescribed condition

2.  The condition specified in regulation 3 below is hereby prescribed as a condition which a licensing authority shall impose in relation to taxi drivers' licences, but only in relation to those licences for which an application is made to a licensing authority on or after 1st March 2003.

3.  The condition referred to in regulation 2 above is that where the taxi has been hired–

(a) by or for a disabled person who is accompanied by a guide dog, a hearing dog or an assistance dog of that person; or

(b) by a person who wishes such a disabled person to accompany that person in the taxi,

and the circumstances specified in regulation 4 below do not apply, the driver of the taxi shall carry the disabled person’s dog and allow it to remain with the disabled person and shall not make any additional charge for doing so.

4.  The circumstances referred to in regulation 3 above are that–

(a) a notice of exemption in the form set out in the Schedule to these Regulations has been issued to the driver in accordance with the procedure set out in regulation 5 below and is in force; and

(b) that notice is exhibited either by–

(i) affixing it in a prominent position on the dashboard facing upwards; or

(ii) affixing it to the windscreen of the taxi, facing outwards.

Notices of exemption

5.—(1) The licensing authority shall issue to a person such a notice of exemption as is referred to in regulation 4(a) above (with such deletions as it considers appropriate) if the authority is satisfied that it is appropriate on medical grounds to exempt that person from the condition specified in regulation 3 above.

(2) In determining whether to issue such a notice of exemption to a person, the licensing authority shall, in particular, have regard to the physical characteristics of the taxi which that person drives.

(3) A notice of exemption shall be issued for such period as may be specified in it.

(4) If a licensing authority requires a person to undergo a medical examination for the purpose of enabling that licensing authority to be satisfied as mentioned in paragraph (1) above, that licensing authority shall meet the cost of that medical examination.

(5) For the purpose of the discharge of their functions under this regulation, every licensing authority shall reach a final decision within 3 months of receipt of an application for a notice of exemption.

Notification of decisions and giving of reasons

6.—(1) A licensing authority shall, within the period of 7 days beginning with the day on which that decision was made under regulation 5(5) above, send written notice of their decision to the person seeking a notice of exemption.

(2) Reasons for a decision referred to in paragraph (1) above shall be given by the licensing authority on a request being made to the authority by the person seeking a notice of exemption within the period of 28 days beginning with the day on which that decision was made.

(3) A licensing authority shall, within the period of 10 days beginning with the day on which a request is received by them under sub paragraph (2) above, give reasons in writing for arriving at the decision.

(4) Nothing in this regulation affects the power of the sheriff under regulation 7 below to require a licensing authority to give reasons for a decision of the authority–

(a) which is being appealed to the sheriff under that paragraph; and

(b) for which reasons have not been given under this paragraph.

Appeals

7.—(1) A person who may, under regulation 6 above, require a licensing authority to give reasons for their decision may appeal to the sheriff against a decision under regulation 5 above.

(2) A licensing authority may be a party to an appeal under this regulation.

(3) An appeal under this regulation shall be made by way of summary application and shall be lodged with the sheriff clerk within the period of 28 days from the day on which the decision was made.

(4) On good cause being shown, the sheriff may hear an appeal under this regulation notwithstanding that it was not lodged within the time mentioned in paragraph (3) above.

(5) For the purposes of an appeal under this regulation, the sheriff may, in the case of a decision of a licensing authority for which reasons have not been given by the authority under regulation 6 above, require the authority to give reasons for that decision, and the authority shall comply with such a requirement.

(6) The sheriff may uphold an appeal under this regulation only if the sheriff considers that the licensing authority, in arriving at their decision–

(a) erred in law;

(b) based their decision on any incorrect material fact;

(c) acted contrary to natural justice; or

(d) exercised their discretion in an unreasonable manner.

(7) In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal.

(8) On upholding an appeal under this regulation, the sheriff may–

(a) remit the case with the reasons for such decision to the licensing authority for reconsideration of their decision; or

(b) reverse or modify the decision of the authority.

(9) On remitting a case under paragraph (8)(a) above, the sheriff may–

(a) specify a date by which the reconsideration by the authority must take place;

(b) modify any procedural steps which otherwise would be required in relation to the matter by or under any enactment (including these regulations).

(10) The sheriff may include in the decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff thinks proper.

(11) Any party to an appeal to the sheriff under this regulation may appeal on a point of law from the sheriff’s decision to the Court of Session within the period of 28 days beginning with the day on which the decision was made.

PETER PEACOCK

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th November 2002