Taxis Act (Northern Ireland) 2008

• (6) When a document or other thing has been seized under subsection (4), the person from whom it was seized shall, unless the document or other thing has been previously returned to the person or the person has been previously charged with an offence under this section, be summoned before a court of summary jurisdiction to account for the person's possession of the document or other thing and the court shall make such order respecting the disposal of the document or other thing and award such costs as the justice of the case may require.

Obstruction of authorised officers etc.

45

• (1) A person who wilfully obstructs an authorised officer or constable acting in pursuance of this Act is guilty of an offence.

• (2) A person who, without reasonable excuse—

• (a) fails to comply with any requirement properly made to such person by an authorised officer or constable acting in pursuance of this Act; or

• (b) fails to give an authorised officer or constable acting in pursuance of this Act any other assistance or information which the officer or constable may reasonably require of such person for the purpose of performing the officer's or constable's functions under this Act,

is guilty of an offence.

• (3) A person who makes any statement which the person knows to be false in giving any information to an authorised officer or constable acting in pursuance of this Act is guilty of an offence.

Offences due to fault of other person

46

Where an offence by any person under this Act is due to the act or default of another person, then (whether proceedings are taken against the first mentioned person or not) that other person is guilty of the offence and is liable to be proceeded against and punished accordingly.

Offences by corporations

47

Section 20(2) and (3) of the Interpretation Act (Northern Ireland) 1954 (c. 33) (offences by corporations) shall apply to this Act as if the requirement for consent in subsection (3) were omitted.

Offences

48

The entries set out in Schedule 1 relating to offences under this Act shall be added at the end of Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10).

PART 6 — MISCELLANEOUS AND GENERAL

Access to information

49

• (1) The Department may make any information held by it for the purposes of this Act available to—

• (a) constables;

• (b) police support staff;

• (c) such other persons as may be prescribed.

• (2) In respect of any information made available under subsection (1) the Department may by regulations—

• (a) determine the purposes for which persons may be given access to the information;

• (b) determine the circumstances in which any of the information to which those persons have been given access may be further disclosed by them.

• (3) In this section “information” means information held in any form.

Publication of information

50

• (1) The Department may publish, in such form and manner as it thinks appropriate, information in connection with the provisions of this Act.

• (2) Before the Department publishes any such information under subsection (1), it shall take into consideration any recommendations made by the General Consumer Council for Northern Ireland.

Payment of grants

51

• (1) The Department may, with the approval of the Department of Finance and Personnel, pay such grants to such persons or bodies as it considers appropriate in connection with any provision of, or the purposes of, this Act.

• (2) Grants under this section may be subject to such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine.

Training

52

Without prejudice to any other provision of this Act, the Department may by regulations make provision requiring training for or in respect of any person in connection with this Act.

Service of notices

53

For the purposes of section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33), subsection (1) shall have effect with the omission of the word “registering”.

Application of other statutory provisions

54

• (1) Articles 59 to 66 of the 1981 Order shall not apply to taxis, in so far as those provisions relate to any matter in relation to which requirements are or could be imposed by or under this Act.

• (2) Part 2 of the Transport Act (Northern Ireland) 1967 (c. 37) shall not apply to the use of a taxi to stand or ply for hire or reward or to carry passengers for hire or reward.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Notwithstanding anything in Article 215 of the 1981 Order or Article 109 of the 1995 Order, the provisions of those Orders, in so far as they relate to taxis, shall have effect in relation to the Belfast Harbour Commissioners or other harbour commissioners having in relation to their harbour area powers similar to those of the Belfast Harbour Commissioners for restricting access to, and regulating motor traffic on, roads, and a road vested in, or under the control of, any such harbour commissioners, shall be deemed for the purposes of those Orders to be a road to which the public has access.

• (5) For the purposes of those provisions as applied by subsection (4) to a road in the Belfast Harbour Estate a member of the Belfast Harbour Police shall have the same powers as a member of the Police Service of Northern Ireland has in relation to other roads.

Ancillary and transitional provisions etc.

55

• (1) The Department may by order make such incidental, supplementary, consequential, transitory, transitional or saving provisions as it considers necessary or expedient for the purposes of, in consequence of or for giving full effect to this Act or any provision of it, or in connection with the coming into operation of any provision of this Act.

• (2) An order under this section may amend, repeal or modify any statutory provision (including this Act).

• (3) The power conferred by this section is not restricted by any other provision of this Act.

• (4) Subsection (5) applies to byelaws made or having effect as if made under Article 65 of the 1981 Order which—

• (a) relate to taxis; and

• (b) are in force immediately before the coming into operation of section 54(1).

• (5) Notwithstanding anything in section 54(1)—

• (a) provisions of those byelaws which could have been included in an order under Article 27A of the Road Traffic Regulation (Northern Ireland) Order 1997 shall have effect as if contained in such an order; and

• (b) any other provisions of those byelaws shall have effect as if contained in regulations made under section 20

General

Orders and regulations

56

• (1) The Department may make regulations for any purpose for which regulations may be made under this Act or for prescribing anything which falls to be prescribed under any provision of this Act.

• (2) Any orders or regulations under this Act may contain such incidental, supplementary, consequential, transitory, transitional or saving provisions as the Department (or the Department of Justice in the case of regulations under section 42) considers necessary or expedient.

• (3) Without prejudice to the operation of section 17(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33), any orders or any regulations made under this Act may be of a local, as opposed to public general, nature and may be limited in their application to a particular area.

• (4) An order (except an order under section 59) or regulations under this Act shall be subject to negative resolution.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

57

• (1) In this Act—

• “the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981 (NI 1);

• “the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995 (NI 18);

• “affiliated driver” has the meaning given by section 1(2);

• “authorised officer” means a vehicle examiner or an officer authorised in writing by the Department for the purposes of this Act;

• “the Department” means the Department of the Environment;

• “driver”, where a separate person acts as steersperson of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle;

• “licensed operator” has the meaning given by section 1(1);

• “licensed taxi” means a taxi for which there is in force a taxi licence;

• “motor vehicle” has the same meaning as in the 1981 Order;

• “notice” means notice in writing;

• “operate a taxi service” has the meaning given by section 1(4);

• “operating centre” means premises at or from which a taxi operator operates a taxi service;

• “operator's licence” means a licence under section 2;

• “owner”, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered

• “premises” includes any place (including premises occupied as a private dwelling, any installation on land or any movable structure), but (except for the purposes of a power of entry under section 38(3)) does not include any vehicles;

• “prescribed” means prescribed by regulations;

• “regulations” (except in sections 41, 42 and 56) means regulations made by the Department;

• “statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

• “taxi” means a motor vehicle constructed or adapted to carry not more than 8 passengers in addition to the driver—which is used in standing or plying for hire or reward; orwhich is provided with the services of a driver and is used to carry passengers for hire or reward in the course of business of carrying passengers,but does not include any vehicle in respect of which a certificate of exemption in the prescribed form has been issued by the Department or any vehicle to which Article 66A of the 1981 Order (car-sharing arrangements) applies;

• “taxi booking” means a booking for a taxi to carry one or more passengers for hire or reward (including a booking to carry out as sub-contractor a taxi booking accepted by another operator);

• “taxi driver's licence” means a licence under section 23;

• “taxi licence” means a licence under section 13;

• “taximeter” means a device that works together with a signal generator to make a measuring instrument; with the device measuring duration, calculating distance on the basis of a signal delivered by the distance signal generator, and calculating and displaying the fare to be charged in respect of any journey in a taxi on the basis of the calculated distance or the measured duration of the journey or a combination of both;

• “taxi operator” means a person who operates a taxi service;

• “vehicle examiner” means an examiner appointed by the Department under Article 74 of the 1995 Order.

• (2) In this Act, references to the carriage of passengers for hire or reward include references to the carriage of passengers at separate fares.

Consequential amendments and repeals

58

• (1) Schedule 2 (which contains minor and consequential amendments) shall have effect.

• (2) The statutory provisions mentioned in the first column of Schedule 3 are repealed to the extent set out in the second column.

Commencement

59

This Act (except sections 55 to 57, this section and section 60) shall come into operation on such day or days as the Department may by order appoint.

Short title

60

This Act may be cited as the Taxis Act (Northern Ireland) 2008.

SCHEDULE 1

SCHEDULE 2

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

1

In Article 2(2) (interpretation), in the definition of “the Road Traffic Orders”—

• (a) omit “and”; and

• (b) after “2007” add “ and the Taxis Act (Northern Ireland) 2008 ”.

2

In Article 66A(1) (car-sharing arrangements), after “public service vehicle” insert “ or taxi (within the meaning of the Taxis Act (Northern Ireland) 2008) ”.

The Disability Discrimination Act 1995 (c. 50)

3

In section 32(5) (taxi accessibility regulations), for the definition of “taxi” substitute—

“taxi” means a taxi within the meaning of the Taxis Act (Northern Ireland) 2008 which is licensed under section 13 of that Act for use in standing or plying for hire or reward or to carry passengers for hire or reward.

.

4

In section 34 (new licences conditional on compliance with accessibility taxi regulations)—

• (a) for subsection (1) substitute—

(1) The Department of the Environment shall not grant a taxi licence under section 13 of the Taxis Act (Northern Ireland) 2008 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.

;

• (b) in subsection (2) after “such a licence” insert “ or a public service vehicle licence granted under Article 61 of the Road Traffic (Northern Ireland) Order 1981 ”.

5

In section 37A (carrying of assistance dogs in private hire vehicles)—

• (a) for “private hire vehicle”, each place it occurs, substitute “ taxi ”;

• (b) in subsection (9)—

• (i) for the definition of “driver” substitute

“driver” means a person who holds a taxi driver's licence granted under— (a) Article 79A of the Road Traffic (Northern Ireland) Order 1981; or (b) section 23 of the Taxis Act (Northern Ireland) 2008;

;

• (ii) after the definition of “assistance dog” insert—

“booking” means a taxi booking within the meaning given by section 57(1) of the Taxis Act (Northern Ireland) 2008;

;

• (iii) for the definition of “operator” substitute—

“operator” means a person who holds an operator's licence granted under section 2 of the Taxis Act (Northern Ireland) 2008;

.

The Road Traffic (Northern Ireland) Order 1995 (NI 18)

6

In Article 2(2) (general interpretation)—

• (a) in the definition of “the Road Traffic Orders”—

• (i) omit“and”; and

• (ii) after “2007” add “ and the Taxis Act (Northern Ireland) 2008 ”;

• (b) after the definition of “statutory provision”, insert—

“taxi” has the same meaning as in the Taxis Act (Northern Ireland) 2008;

.

7

In Article 17 (power to administer preliminary tests) in paragraph (8)(b)—

• (a) at the end of sub-paragraph (iii) omit“or”; and

• (b) at the end of sub-paragraph (iv) add

or (v) any provision of the Taxis Act (Northern Ireland) 2008.

.

8

In Article 63(3) (obligatory test certificates), for sub-paragraph (b) substitute—

(b) a taxi; or

.

9

In Article 76 (inspection of public passenger vehicles and goods vehicles) in paragraph (6), after sub-paragraph (a) insert—

(aa) taxis;

.

10

In Article 78(1) (prohibitions conditional on inspection, etc.), after “not so adapted” insert “ or is a taxi ”.

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

11

In Article 2(2) (general interpretation), in the definition of “the Road Traffic Orders”—

• (a) omit“and”; and

• (b) after “2007” add “ and the Taxis Act (Northern Ireland) 2008 ”.

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

12

In Article 2(2) (interpretation) in the definition of “the Road Traffic Orders”—

• (a) omit“and”; an

• (b) after “2007” add “ and the Taxis Act (Northern Ireland) 2008 ”.

The Traffic Management (Northern Ireland) Order 2005 (NI 14)

13

In Schedule 1 (contraventions subject to penalty charges)—

• (a) after the paragraph beginning “An offence under Article 19(1) or (3)” insert—

An offence under Article 27A(2).

; and

• (b) for the paragraph beginning “An offence under any statutory provision” substitute—

An offence under any statutory provision of contravening— (a) a prohibition or restriction on the use of a stand or starting place for taxis or taxis of a particular description by a vehicle which is not a taxi or not a taxi of that description; or (b) a prohibition or restriction on a taxi or a taxi of a particular description from standing or plying for hire or reward within a prescribed distance of a stand or starting place for taxis. (For the purposes of this paragraph “taxi” has the meaning given by section 57(1) of the Taxis Act (Northern Ireland) 2008).

.

SCHEDULE 3

Requirement for operator's licence

Requirement for taxi licence

Applications for licences, etc.

Enforcement notices

Access to information

Publication of information

Commencement

Editorial notes

[^c22088851]: Words in s. 42(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 92(2) (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of 2008 (c.4) (N.I.), s. 42)

[^c21473451]: S. 54 partly in operation; s. 54 not in operation at Royal Assent see s. 59; s. 54(1) in operation for certain purposes at 23.11.2009 by S.R. 2009/352, art. 2, Sch.; s. 54(4)(5) in operation at 23.11.2009 by S.R. 2009/352, art. 2, Sch.

[^c22088861]: Words in s. 56(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 92(3)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[^c22088881]: Word in s. 56(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 92(3)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[^c22088901]: S. 56(5) omitted (12.4.2010) by virtue of Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 92(3)(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[^c21473611]: S. 58 partly in operation; s. 58 not in operation at Royal Assent see s. 59; s. 58(1) in operation for certain purposes at 23.11.2009 by S.R. 2009/352, art. 2, Sch.

[^c21472631]: S. 59 power partly exercised: 23.11.2009 appointed for specified provisions by S.R. 2009/352, art. 2, Sch. (with art. 3)

[^c21473621]: Sch. 2 para. 6 partly in operation; Sch. 2 para. 6 not in operation at Royal Assent see s. 59; Sch. 2 para. 6(a) in operation at 23.11.2009 by S.R. 2009/352, art. 2, Sch.

[^c21473631]: Sch. 2 para. 13 partly in operation; Sch. 2 para. 13 not in operation at Royal Assent see s. 59; Sch. 2 para. 13(a) in operation at 23.11.2009 by S.R. 2009/352, art. 2, Sch. (with art. 3)

[^key-5a4fab1929c7e6673d825dd6d1d1f18b]: S. 2 in operation at 8.8.2012 for specified purposes by S.R. 2012/313, art. 2(1), Sch. Pt. 1

[^key-411dc608d4bc24bff4baa1e5c02c430f]: S. 3 in operation at 8.8.2012 for specified purposes by S.R. 2012/313, art. 2(1), Sch. Pt. 1

[^key-40ce5b54272be941d3f47a91b98be875]: S. 1 in operation at 8.8.2012 for specified purposes by S.R. 2012/313, art. 2(1), Sch. Pt. 1

[^key-e5511c8a77966e8d368f06c87619d00a]: S. 28 in operation at 8.8.2012 for specified purposes by S.R. 2012/313, art. 2(1), Sch. Pt. 1

[^key-ae74cd3434eb0c75f5ee49e3cc0c2a2a]: S. 30 in operation at 8.8.2012 for specified purposes by S.R. 2012/313, art. 2(1), Sch. Pt. 1

[^key-2b699f58d396714444e7a66ea6ddce70]: S. 33 in operation at 8.8.2012 for specified purposes by S.R. 2012/313, art. 2(1), Sch. Pt. 1

[^key-ddab24f9c970d2be8f84b0765dc85a00]: S. 1 in operation at 1.9.2012 in so far as not already in operation by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-e3352394394efa64545cd588a286f947]: S. 2 in operation at 1.9.2012 in so far as not already in operation by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-3e0607789372253918e63595b1816cfa]: S. 3 in operation at 1.9.2012 in so far as not already in operation by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-9ecb75a4bc76246fa4e6e8e63176a9b4]: S. 28 in operation at 1.9.2012 in so far as not already in operation by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-b1fd9bf4f9fb54ca804377d6c4ca9994]: S. 30 in operation at 1.9.2012 in so far as not already in operation by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-ed2fd63f4f462824f693a61bd4a82362]: S. 26 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-91dc8991b8bd9ef88e4f41f435dfdc6c]: S. 27 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-bf389ae6641d927273bf4b912412102f]: S. 38 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-451c019882a8b71b96044cf22da2526e]: S. 45 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-01b5058cf1cb77ec3423b32ded95d4af]: S. 46 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-39db6347745d841beedaa5d7b8e38664]: S. 47 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-8dd796036247ea2eb2f88c7cd31da6ca]: S. 4 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-3ecef0095c07a2745fb69626e5cbe239]: S. 25 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-2110d89f151fdb877a2f00c437eb6d5f]: S. 29 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-2b61ff4f768251879b17b486ae00d9e9]: S. 31 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-dcf91f6f410776e37dbb5239fefb2a85]: S. 32 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-df561b6e3a2fdfcb95217b1344f04eaf]: S. 33(1)(a) s. 33(1)(c)-(e) (2) in operation at 1.9.2012 in so far as not already in operation by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-3d6f543fd7486a50103d46aca99049d6]: S. 34 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-a31306a6104f0e4a0b646575b047826a]: S. 35 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-a9160a7cc3af2a5dd81f96cede405dd1]: S. 37 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-b599561c0b0207ba919e273ad634b564]: S. 44 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-84030adc6b1b35e8c5c064e10d067fb6]: S. 48 in operation at 1.9.2012 for specified purposes by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-9ac5b6601b96f388913aaefa4fb2ae8e]: S. 50 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-1a53c9ff4c2cd8be1542d6392690dacb]: S. 53 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-56ac3febc9111d4f28d4100eb64853bc]: Sch. 1 in operation at 1.9.2012 for specified purposes by S.R. 2012/313, art. 2(2), Sch. Pt. 2

[^key-c0d29a98ca62ee1415d57f7011c613da]: S. 23(1)-(7) s. 23(9)-(15) in operation at 24.9.2014 for specified purposes by S.R. 2014/238, art. 2(1), Sch. Pt. 1

[^key-14a1f4da2642588c48eb2b7f37af4e19]: S. 52 in operation at 24.9.2014 for specified purposes by S.R. 2014/238, art. 2(1), Sch. Pt. 1

[^key-ef809dc867829bafe72b324b1dc86924]: S. 22 in operation at 31.10.2014 by S.R. 2014/238, art. 2(2), Sch. Pt. 2

[^key-09ed41534aa9b7910e724af69943f36d]: S. 23(1)-(7) s. 23(9)-(15) in operation at 31.10.2014 in so far as not already in operation by S.R. 2014/238, art. 2(2), Sch. Pt. 2

[^key-bac14db68554b883e14f24db265ced5f]: S. 24 in operation at 31.10.2014 by S.R. 2014/238, art. 2(2), Sch. Pt. 2

[^key-eb420d4343f6314a0c8b43dbb3cda598]: S. 48 in operation at 31.10.2014 for specified purposes by S.R. 2014/238, art. 2(2), Sch. Pt. 2

[^key-be9e7f9206c11628040a1cdbc3a54816]: S. 52 in operation at 31.10.2014 in so far as not already in operation by S.R. 2014/238, art. 2(2), Sch. Pt. 2

[^key-eb873bfc607748657cd98938dc6bef47]: S. 58(2) in operation at 31.10.2014 for specified purposes by S.R. 2014/238, art. 2(2), Sch. Pt. 2

[^key-431d8585bfda599b27e4a97a474981b0]: Sch. 1 in operation at 31.10.2014 for specified purposes by S.R. 2014/238, art. 2(2), Sch. Pt. 2

[^key-8a6fc5cf9f009da3825b896c787c760f]: Sch. 3 in operation at 31.10.2014 for specified purposes by S.R. 2014/238, art. 2(2), Sch. Pt. 2

[^key-760e07e3a46c9f5104585478ad6d9e81]: S. 13 in operation at 9.12.2014 for specified purposes by S.R. 2014/300, art. 2(1), Sch. Pt. 1

[^key-611ad058ef3dfb97abc5f354116cb44a]: S. 15 in operation at 9.12.2014 for specified purposes by S.R. 2014/300, art. 2(1), Sch. Pt. 1

[^key-ffe8dd9e29e8af16ca2a233d94a6dabe]: S. 19 in operation at 9.12.2014 for specified purposes by S.R. 2014/300, art. 2(1), Sch. Pt. 1

[^key-b93f999bd4b9c70cb0fd01bb761fd6a3]: S. 20 in operation at 9.12.2014 for specified purposes by S.R. 2014/300, art. 2(1), Sch. Pt. 1

[^key-59b895af80038630810fb7a298daa66c]: S. 5(1)(c) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(2), 48(2); S.R. 2015/284, art. 2(1), Sch.

[^key-728258c67551dc405639fc7cc1223825]: S. 8(a) repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(3)(a), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.

[^key-40b39f057dae554f8b5fc01ad397470d]: Words in s. 8(b) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(3)(b), 48(2); S.R. 2015/284, art. 2(1), Sch.

[^key-18b419ed5f05bd835c1fe0a80193da78]: Words in s. 8 substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(3)(c), 48(2); S.R. 2015/284, art. 2(1), Sch.

[^key-1f4354d290c25fbb2eadfe6cb90e7ad4]: S. 9 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(a), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.

[^key-2dce5c795e0ecedb5571abda241b36a9]: S. 10 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(b), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.

[^key-7ccf10c0304c3dcec71c801efd032c3c]: S. 11 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(c), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.

[^key-b1053399166fc157be780f4bee87ab07]: S. 54(3) repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(d), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.

[^key-f2bad4d6457f555a933ec7368a08aecb]: S. 16 in operation at 2.12.2015 for specified purposes by S.R. 2015/389, art. 2(1), Sch. Pt. 1

[^key-3c953dbdfd1e0b8d55f0081d55872646]: S. 17(1)(3) in operation at 2.12.2015 for specified purposes by S.R. 2015/389, art. 2(1), Sch. Pt. 1

[^key-1543d3e26a403f380357080b563f0681]: S. 18(1)(4)(5) in operation at 2.12.2015 for specified purposes by S.R. 2015/389, art. 2(1), Sch. Pt. 1

[^key-e54e1c59e574cc87c4b5cc6610aad02b]: S. 13(1) in operation at 9.5.2016 for specified purposes by S.R. 2015/389, art. 2(2), Sch. Pt. 2

[^key-1012f84afb0b8f1aeea9688f47d57b7c]: S. 5 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-854388490af481732fbad6db22dc072c]: S. 6 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-704cd2304c1ea4981a813422aad4cfdc]: S. 7 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-1f3da29065242789690aaf59ed4c42ac]: S. 12 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-e3ad7a2336f889a1f1f79e41c033f6ea]: S. 13 in operation at 31.5.2016 in so far as not already in operation by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-cf2256f879bfdaead4f00236055d8dd9]: S. 14 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-050e3a105b0eb142e4adb3bb9f4bc6d2]: S. 15 in operation at 31.5.2016 in so far as not already in operation by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-0cd36b2e1c287ae5980b193c24adb0ec]: S. 17(1)(3) in operation at 31.5.2016 in so far as not already in operation by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-0b88323e928036885fefbe811655a383]: S. 17(4) in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-fb4f92adbbb94575c300e3b2952944e7]: S. 18(1)(4)(5) in operation at 31.5.2016 in so far as not already in operation by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-e046f8f551d7f805faea44dd882443fe]: S. 18(2) (3) (6)-(8) in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-22d5d8193a9525e13ad3bfa9ffdb08ea]: S. 19 in operation at 31.5.2016 in so far as not already in operation by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-4cbd2a4a857d86b2427cfdf2404697f4]: S. 20 in operation at 31.5.2016 in so far as not already in operation by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-fdad7f21a80e1b33a6397e20360cca70]: S. 39 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-0d3b89b101770e0875b22080f5a8464a]: S. 41 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-f1ebb684db80b54f1074305773fd6b4c]: S. 42 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-f87107c6b90aa0f2d6d1a0d86ce8ed58]: S. 43 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-f28310f9461cb15cd8a419b4c60caff6]: S. 48 in operation at 31.5.2016 for specified purposes by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-2cd3d47bc9e6f94541769beb257f60ab]: S. 54(1) in operation at 31.5.2016 in so far as not already in operation by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-ee12a325c10b137245d178843849dc83]: S. 58(1) in operation at 31.5.2016 for specified purposes by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-7641fd2d91378744341f9eaf6358a071]: Sch. 1 in operation at 31.5.2016 for specified purposes by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-429157c3a3272027eaa54ec4b3629126]: Sch. 2 para. 2 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-f471d594cbc97658f02f5ecf4c6b0676]: Sch. 2 para. 5 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-3ffc6df914a089c32a7cc4dbadb56bcd]: Sch. 2 para. 6(b) in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-74e824a2b429bd79566a75eb0cd44575]: Sch. 2 para. 8 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-7a23d1ab3ae1c0ceec0e17328130cef1]: Sch. 2 para. 9 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-d34d499ffadf0f5422253b814fc943f9]: Sch. 2 para. 10 in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-2ed87939f76475bb192d2e5c06766f4a]: Sch. 2 para. 13(b) in operation at 31.5.2016 by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^M_I_01f0ced5-7044-4565-c175-37d31b31b68e]: S. 16 in operation at 31.5.2016 in so far as not already in operation by S.R. 2015/389, art. 2(3), Sch. Pt. 3

[^key-c29fb306f896a3494d29ce3c4e07ce9d]: S. 2A inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 47 (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-ac456ad7d4318e2d1cd830ad62adfc6b]: S. 23A inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 49 (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-36da791eea2e37dc5a4787d19551b475]: Ss. 56A, 56B inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 53; S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-6674af2b7bf3598131cd073d14373320]: S. 2(4)(aa) substituted (1.12.2016) for word in s. 2(4)(a) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 46(2) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-e35aa10bd00eae9e1d1f255bfde71b99]: S. 2(4A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 46(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-db747d42513f5214a0512866cd731dcc]: Words in s. 2(7) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 46(4) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-b9bf45ad8f9950654b459692098f8047]: S. 23(2)(aa) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 48(2) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-892c99c917f959b0e7d19c4f2f78d9f4]: S. 23(2A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 48(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-0f85979297035f91b94c41458d3cc7aa]: Words in s. 23(8) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 48(4) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-236a30544bda973f6e7e74874d8681e0]: S. 26(2)(aa) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 50(2) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-99fae6fd7b944d12cf12fcd828d356e5]: S. 26(2A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 50(3) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-409a6155ea870d1ce6ec5b94494646a5]: S. 26(6)(aa) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 50(4) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-32c65248376c8b29a1f084534845b718]: S. 26(7) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 50(5) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-39b3726871649f628040f3bb4920f038]: S. 32(5A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 51; S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-b5acfffa05d2800cfa0788e810ba0066]: S. 34(6) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 52; S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-9a917080f038fbd1d153196e5010c1fb]: S. 51 in operation at 20.12.2021 by S.R. 2021/344, art. 2, Sch.

2A

• (1) Subsection (2) applies if—

• (a) an 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) an 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) An 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 taxi service.

• (6) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return it to the Department.

• (7) 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 Department.

• (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.

Requirement for taxi driver's licence

23A

• (1) Subsection (2) applies if—

• (a) a taxi driver'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 taxi driver'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 taxi driver'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 driving a taxi.

• (6) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return to the Department—

• (a) the licence,

• (b) the person's driver's badge, and

• (c) any other evidence of identification which the Department has issued under section 24.

• (7) 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 to the Department—

• (a) the licence,

• (b) the person's driver's badge, and

• (c) any other evidence of identification which the Department has issued under section 24.

• (8) A person who, without reasonable excuse, contravenes subsection (6) or (7) is guilty of an offence.

56A

• (1) For the purposes of this Act a person is disqualified by reason of the person's immigration status from carrying on a licensable activity if the person is subject to immigration control and—

• (a) the person has not been granted leave to enter or remain in the United Kingdom, or

• (b) the person's leave to enter or remain in the United Kingdom—

• (i) is invalid,

• (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

• (iii) is subject to a condition preventing the person from carrying on the licensable activity.

• (2) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016—

• (a) the person is to be treated for the purposes of this Part as if the person had been granted leave to enter the United Kingdom, but

• (b) any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave.