SCHEDULES

SCHEDULE 5Private hire vehicles etc

37Private Hire Vehicles (London) Act 1998 (c. 34)

After section 3 insert—

3ALondon PHV operator’s licences for persons subject to immigration control

1

Subsection (2) applies if—

a

a London PHV operator’s licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);

b

the person’s leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and

c

apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.

2

The licence must be granted for a period which ends at or before the end of the leave period.

3

Subsection (4) applies if—

a

a London PHV operator’s licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; and

b

the person’s leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

4

The licence must be granted for a period which does not exceed six months.

5

A London PHV operator’s licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person’s immigration status from operating a private hire vehicle.

6

If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the licensing authority.

7

A person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and liable on summary conviction—

a

to a fine not exceeding level 3 on the standard scale; and

b

in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

8

The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).