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(1)Section 2 of the London Hackney Carriage Act 1853 (service of notice on proprietor of unfit cab and suspension of licence) shall be amended as follows.
(2)Re-number the existing provision subsection (1).
(3)In that subsection, for the words from “which notice shall be personally served” to “horses whilst in a condition unfit for public use” substitute “which notice—
(a)shall be personally served on the proprietor or delivered at his usual place of residence, and
(b)may be personally served on the driver of the carriage;
and if, after notice has been served on the proprietor or driver as mentioned in paragraph (a) or (b), the carriage is used or let to hire as a hackney carriage, or the horse is, or the horses are, used or let, whilst in a condition unfit for public use,”.
(4)After that subsection, insert—
“(2)A proprietor of a hackney carriage whose licence is suspended under subsection (1) shall not be guilty of an offence under section 7 of the Metropolitan Public Carriage Act 1869 (c. 115) in respect of the carriage unless he has been given written notice in accordance with subsection (1).”.
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