Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

Part II E+W Hackney carriages and private hire vehicles

Modifications etc. (not altering text)

C1 Pt. II(ss. 45–80) modified by Transport Act 1978 (c. 55, SIF 126), s. 7(3)

C2 Pt. II(ss. 45–80) amended by Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), s. 79

C3 Pt. II(ss. 45–80) applied with modifications by S.I. 1986/567, regs. 3, 4

C4 Pt. II (ss. 45-80) extended (1.4.2000) by 1999 c. 29, s. 255(1)(4); S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1

Pt. II (ss. 45-80) excluded (1.7.2001) by 1981 c. 14, s. 79A(1)(a) (as inserted (1.7.2001) by 2000 c. 38, s. 265(2); S.I. 2001/1498, art. 3)

59 Qualifications for drivers of hackney carriages. E+W

(1) Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage—

(a) unless they are satisfied [F1 —

(i)] that the applicant is a fit and proper person to hold a driver’s licence; [F2 and

(ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or]

[F3 (b) to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver’s licence so authorised.]

[F4 (1ZA) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, a district council must have regard to any guidance issued by the Secretary of State.]

[F5 (1A) For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—

(a) he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or

(b) he is authorised by virtue of section 99A(1) [F6 or section 109(1)]of that Act to drive in Great Britain a motor car.]

F7 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any applicant aggrieved by the refusal of a district council to grant a driver’s licence on the ground that he is not a fit and proper person to hold such licence may appeal to a magistrate’s court.

Textual Amendments

F1 Words in s. 59(1)(a) renumbered as s. 59(1)(a)(i) (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 23(2)(a) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F2 S. 59(1)(a)(ii) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 23(2)(b) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F3 S. 59(1)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 2(4)

F4 S. 59(1ZA) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 23(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F5 By S.I. 1996/1974, reg. 5 Sch. 4 para. 2(5) it is provided that in s. 59 subsection (1A) shall be inserted after subsection (1)

F6 Words in s. 59(1A)(b) inserted (5.9.1988) by S.I. 1998/1946, art. 3

F7 S. 59(1A) repealed (1.4.1998) by 1997 c. 50, s. 134(1)(2), Sch. 9 para. 34, Sch. 10

Modifications etc. (not altering text)

C5 S. 59: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B4