Local Transport Act 2008

54 Application of certain provisions about taxis and hire cars to London E+W+S

(1) Section 13 of the TA 1985 (provisions supplementary to sections 10 to 12) is amended as follows.

(2) In subsection (1) (power to modify codes for purposes of sections 10 to 12)—

(a) for “The Secretary of State” substitute “ The appropriate authority ”;

(b) for “he” substitute “ it ”.

(3) Subsection (3) (interpretation of terms used in sections 10 to 12) is amended as follows.

(4) Before the definition of “licensed taxi” insert the following definition—

““the appropriate authority” means—

(a) in relation to—

(i) a taxi licensed under section 37 of the Town Police Clauses Act 1847 or any similar enactment which applies outside the London taxi area,

(ii) a licensed hire car licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976, or

(iii) a taxi or private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982,

the Secretary of State;

(b) in relation to—

(i) a taxi licensed under section 6 of the Metropolitan Public Carriage Act 1869, or

(ii) a licensed hire car licensed under section 7 of the Private Hire Vehicles (London) Act 1998,

Transport for London;”.

(5) For the definition of “licensed hire car” substitute—

““licensed hire car” means—

(a) in England and Wales—

(i) for the purposes of section 11 of this Act, a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998,

(ii) for the purposes of section 12 of this Act, a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

(b) in Scotland, a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;”.

(6) After the definition of “taxi licence” insert—

““relevant licence” means—

(a) in relation to a licensed taxi, a taxi licence, and

(b) in relation to a licensed hire car, a private hire vehicle licence;

“private hire vehicle licence” means—

(a) in England and Wales, a licence under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

(b) in Scotland, a private hire car licence under section 10 of the Civic Government (Scotland) Act 1982.”.

(7) In the definition of “hire car code”, after “used as mentioned in section 11” insert “ or 12 ”.

(8) After section 13 of the TA 1985 insert—

“13A Application of sections 10 to 13 to London

(1) Transport for London may by order provide that section 12 of this Act is to apply to vehicles licensed under section 7 of the Private Hire Vehicles (London) Act 1998 as it applies to vehicles licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976.

(2) An order under subsection (1) of this section may amend the definitions of “licensed hire car” and “private hire vehicle licence” in section 13 of this Act accordingly.

(3) Transport for London must consult such representative organisations as it thinks fit before making—

(a) regulations under section 12(9) or (10) of this Act;

(b) an order under section 13(1) of this Act or subsection (1) of this section.

(4) Any power of Transport for London to make—

(a) regulations under section 12(9) or (10) of this Act, or

(b) an order under section 13(1) of this Act,

includes a power to vary or revoke any previous such regulations or order (as the case may be).

(5) Subsection (4) applies notwithstanding that the previous regulations were made, or the previous order was made, by the Secretary of State by statutory instrument.

(6) Transport for London must print and publish—

(a) any regulations made by it under section 12(9) or (10) of this Act;

(b) any order made by it under section 13(1) of this Act or subsection (1) of this section.

(7) Transport for London may charge a fee for the sale of copies of any regulations, or any order, printed under subsection (6).”.