Private Hire Vehicles (London) (Operators' Licences) Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/3146 |
| Year | 2000 |
2000 No. 3146
METROPOLITAN AND CITY POLICE DISTRICTSPRIVATE HIRE VEHICLES
The Private Hire Vehicles (London) (Operators' Licences) Regulations 2000
Made 28th November 2000
Laid before Parliament 28th November 2000
Coming into force 22th January 2001
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 3(4), 4(3) and (4), 20(1) and (2), 23(1), 32 and 37 of the Private Hire Vehicles (London) Act 19981, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 and shall come into force on 22nd January 2001.
Interpretation
2. In these Regulations, unless the context otherwise requires—
“the 1998 Act” means the Private Hire Vehicles (London) Act 1998;
“application” means an application for the grant or variation of a licence;
“business name” means a name which if used by a person for the purpose of carrying on business would make him subject to the Business Names Act 19852;
“CB apparatus” means wireless telegraphy apparatus known as “Citizens' Band” which is designed or adapted, or has facilities permitting its adaptation, for the purpose of transmitting spoken messages on the frequency band 26.1 MHz to 28 MHz;
“certificate of insurance” and “certificate of security” shall be construed in accordance with section 147 of the Road Traffic Act 19883;
“Community licence” and “Northern Ireland licence” have the same meanings as in section 108(1) of the Road Traffic Act 1988;
“driving licence” means a licence to drive a motor car granted under Part III of the Road Traffic Act 1988 (other than a provisional licence), or a licence authorising the driving of a motor car by virtue of section 99A(1) or 109(1) of that Act (Community licences and Northern Ireland licences);
“firm” has the same meaning as in section 4 of the Partnership Act 18904;
“licence” means a London PHV operator’s licence;
“licensing authority” means the person appointed under section 24(1) of the 1998 Act for the purpose of exercising the functions of the Secretary of State under that Act or, where no such appointment has been made, the Secretary of State5;
“MOT test certificate” means, in relation to a vehicle to which section 47 of the Road Traffic Act 1998 applies, a test certificate issued in respect of the vehicle as mentioned in subsection (1) of that section;
“national insurance number” has the same meaning as in regulation 1(2) of the Social Security (Contributions) Regulations 19796;
“officer”, in relation to a body corporate, shall be construed in accordance with section 744 of the Companies Act 19857;
“operator” means a London PHV operator and in relation to a licence means the operator to whom the licence was granted;
“registered keeper” means, in relation to a vehicle, the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 19948;
“registration mark” means, in relation to a vehicle, the mark assigned to the vehicle in accordance with section 23 of the Vehicle Excise and Registration Act 1994;
“variation” means a variation of a licence at the operator’s request under section 18 of the 1998 Act; and
“wireless telegraphy apparatus” shall be construed in accordance with section 19(1) of the Wireless Telegraphy Act 19499.
PART II
APPLICATIONS
Manner of making applications
3. Every application shall—
(a) be made on a form supplied by the licensing authority and include the information and declarations required by that form;
(b) be signed—
(i) if made by an individual, by that person,
(ii) if made by a firm, by one of the partners of that firm with the authority of the others, or
(iii) if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group; and
(c) be accompanied by the appropriate fee prescribed by regulation 4.
Fees
4. The appropriate fee for the purpose of regulation 3 is—
(a) £425 in the case of an application for the grant of a licence; and
(b) £25 in the case of an application for the variation of a licence.
Determination of applications
5.—(1) If the licensing authority is satisfied that a licence may properly be—
(a)
(a) granted for five years—
(i) in the terms applied for; and
(ii) without the need for any additional conditions other than those prescribed in regulation 9, or
(b)
(b) varied in the terms applied for,
the authority shall approve the application and give the applicant notice of the decision.
(2) If the authority is not so satisfied and decides—
(a)
(a) to approve the application other than in the terms applied for;
(b)
(b) in the case of an application for the grant of a licence, to approve the application on the basis that—
(i) additional conditions shall be attached to the licence, or
(ii) the licence shall be granted for a shorter period than five years; or
(c)
(c) to refuse the application,
the authority shall give the applicant notice of the decision and the grounds for it.
PART III
LICENCES
Grant and variation
6.—(1) Where the decision has been made to approve an application in accordance with regulation 5(1) or 5(2)(a) or (b) the licensing authority shall, provided that any appropriate fee prescribed by regulation 7 is received within the period of 28 days commencing on the date specified in paragraph (2), grant or vary the licence, as the case may be, and send the licence or any replacement licence to the applicant.
(2) The date referred to in paragraph (1) is—
(a)
(a) the date of service of the notice given in accordance with regulation 5; or
(b)
(b) where an appeal is brought against that decision, the date of disposal or withdrawal of that appeal.
(3) If any appropriate fee prescribed by regulation 7 is not received by the licensing authority in accordance with paragraph (1) the approval will lapse, the application will be deemed to have been withdrawn and the licensing authority shall be entitled to retain the fee accompanying it.
Fees
7.—(1) Subject to paragraph (2), for the purpose of regulation 6 the fee for the grant of a licence for a period of five years is £975.
(2) Where an applicant for the grant of a licence meets the requirement set out in paragraph (3), he may elect that the amount of £375 shall be substituted for the amount of £975 referred to in paragraph (1).
(3) The requirement referred to in paragraph (2) is that no more than two private hire vehicles will be available to the applicant for carrying out bookings accepted by him at all the operating centres which will be specified in his licence.
(4) Subject to paragraphs (5) and (6), for the purpose of regulation 6 the fee for the grant of a licence for a period of less than five years is an amount equal to that proportion of the amount of £975 which the proposed period of the licence bears in relation to the period of five years.
(5) Where an applicant for the grant of a licence meets the requirement set out in paragraph (3), he may elect that the amount of £375 shall be substituted for the amount of £975 referred to in paragraph (4).
(6) Where the calculation of any fee in accordance with paragraph (4) would have the result that the amount payable would include a fraction of a pound then the amount payable shall be adjusted downwards to the nearest pound.
Refund of fees
8.—(1) Subject to paragraph (5), where the licensing authority is satisfied that—
(a)
(a) an operator has ceased to operate from every operating centre specified in his licence, other than by reason of the suspension or revocation of that licence;
(b)
(b) that operator has transferred some or all of his undertaking as an operator to another person, and
(c)
(c) before the date of the transfer the transferee has been granted a new licence in relation to any operating centre specified in the transferor’s licence,
the licensing authority shall, upon receipt of a written request for a refund accompanied by the transferor’s licence, refund a proportion of the fee paid for the grant of that licence being an amount calculated in accordance with paragraph (3).
(2) Subject to paragraph (5), where a licence has been granted following an election made under regulation 7(2) or (5) and before its expiry the operator has been granted a new licence in circumstances where he did not meet the requirement set out in regulation 7(3) in relation to all of the operating centres to be specified in that licence, the licensing authority shall, upon receipt of a written request for a refund accompanied by the first mentioned licence, refund a proportion of the fee paid for the grant of that licence being an amount calculated in accordance with paragraph (3).
(3) Subject to paragraph (4), the amount referred to in paragraphs (1) and (2) shall be that proportion of the fee which the number of full years remaining on the licence bears to the period for which the licence was granted, the number of full years being calculated from the date of receipt by the licensing authority of both the request for a refund and the licence.
(4) Where the calculation in accordance with paragraph (3) would have the result that the amount refundable would include a fraction of a pound then the amount refundable shall be adjusted downwards to the nearest pound.
(5) Where a proportion of the fee paid for the grant of a licence is refunded in accordance with paragraph (1) or (2), that licence shall cease to have effect.
Conditions
9.—(1) Every licence shall be granted subject to the conditions set out in the following provisions of this regulation.
(2) In respect of any operating centre specified in the licence which is...
To continue reading
Request your trial