Part II

Licensing and Regulation—Particular Activities

Licensing and regulation of taxis and private hire cars

Taxi fares.
17
1
The fares for the hire of taxis in any area and all other charges in connection with the hire of a taxi or with the arrangements for its hire shall be not greater than those fixed for that area under this section and section 18 of this Act.
2
The licensing authority must fix scales for the fares and other charges mentioned in subsection (1) within 18 months beginning with the date on which the scales came into effect.
3
In fixing scales under subsection (2), the licensing authority may—
a
alter fares or other charges,
b
fix fares or other charges at the same rates.
4
Before fixing scales under subsection (2), the licensing authority must review the scales in accordance with subsection (4A).
4A
In carrying out a review, the licensing authority must—
a
consult with persons or organisations appearing to it to be, or to be representative of, the operators of taxis operating within its area,
b
following such consultation—
i
review the existing scales, and
ii
propose new scales (whether at altered rates or the same rates),
c
publish those proposed scales in a newspaper circulating in its area—
i
setting out the proposed scales,
ii
explaining the effect of the proposed scales,
iii
proposing a date on which the proposed scales are to come into effect, and
iv
stating that any person may make representations in writing until the relevant date, and
d
consider any such representations.
4B
In subsection (4A)(c)(iv) “the relevant date” is a date specified by the licensing authority falling at least one month after the first publication by the authority of the proposed scales.
4C
After fixing scales under subsection (2), the licensing authority must give notice in accordance with subsection (4D).
4D
The licensing authority must—
a
set out, and explain the effect of, the scales as fixed,
b
notify the persons mentioned in subsection (4E) of—
i
the date on which the scales as fixed are to come into effect, and
ii
the rights of appeal under section 18.
4E
Those persons are—
a
all operators of taxis operating within their area, and
b
the persons and organisations consulted under subsection (4A)(a).
5
Notice shall be given for the purposes of subsection (4D)(b) above by—
a
its being sent by recorded delivery letter to the last known addresses of the persons and organisations referred to in subsection (4E) above so as to arrive there, in the normal course of post, not later than seven days after the scales are fixed under subsection (2) above; or
b
personal service of the notice upon those persons within that time.
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
S. 17(2)-(4E) substituted for s. 17(2)-(4) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(3)(a), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)
Word in s. 17(5) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 174(3)(b)(i), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)
Word in s. 17(5)(a) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 174(3)(b)(ii)(A), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)
Words in s. 17(5)(a) substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 174(3)(b)(ii)(B), 206(1); S.S.I. 2011/354, art. 2, sch. (with art. 3)