Taxi Regulation Act 2013

An Act to provide for the revision of the regulation of the small public service vehicle industry and for those purposes to provide for mandatory disqualification for drivers of small public service vehicles convicted of certain offences and a demerit scheme relating to drivers of small public service vehicles, to repeal the Taxi Regulation Act 2003 and section 84 of the Road Traffic Act 1961, to amend section 2 of the Metrology Act 1996, the Dublin Transport Authority Act 2008 and the Road Traffic Act 2010, and to provide for related matters. [23rd October, 2013]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title, commencement and collective citation

1. (1) This Act may be cited as the Taxi Regulation Act 2013.

• (2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

• (3) The Road Traffic Acts 1961 to 2011 and Part 11 may be cited together as the Road Traffic Acts 1961 to 2013.

2. Definitions

2. In this Act—

“Act of 1961” means Road Traffic Act 1961;

“Act of 2003” means Taxi Regulation Act 2003;

“Act of 2008” means Dublin Transport Authority Act 2008;

“Act of 2009” means Public Transport Regulation Act 2009;

“Act of 2010” means Road Traffic Act 2010;

“Advisory Committee” means the committee known, in the English language, as the Advisory Committee on Small Public Service Vehicles or, in the Irish language, An Coiste Comhairleach um Beagfheithiclí Seirbhíse Poiblí;

“appointed stand” means a stand appointed by bye-laws made under section 25(1);

“assessment regulations” means regulations made under section 8(1);

“Authority” means National Transport Authority;

“authorised person” means—

• (a) a person appointed by the Authority to be an authorised person under section 40, or

• (b) a member of the Garda Síochána;

“change in control”, in relation to a company, has the meaning assigned to it in section 16(4);

“code of practice” means a code of practice established or adopted under section 21;

“company” means a company formed and registered under the Companies Acts;

F1[“dispatch operator” means a person who provides for reward—

• (a) a booking service for an intending passenger to contact him or her to arrange for the hire of, and carriage of the intending passenger in, a small public service vehicle operated or driven by another person (other than an employee of the first-mentioned person), or

• (b) a service allowing an intending passenger to arrange the hire of a small public service vehicle,

but does not include a person employed by the first-mentioned person to take or manage the taking of bookings in the course of that service or a person marshalling in a public place (within the meaning of the Act of 1961) the services of small public service vehicles;

“driving licence” means a driving licence (within the meaning of the Act of 1961) which is for the time being in force;]

“Garda Commissioner” means Commissioner of the Garda Síochána;

“grant” in relation to a licence, includes the renewal or continuance in force of the licence;

“licence” means a licence provided for under licensing regulations and granted under section 9 ;

F2[“licence to drive a small public service vehicle” means a licence to drive a small public service vehicle for the carriage of persons for reward;]

“licensing authority” means a licensing authority under section 6;

“licensing regulations” means regulations made under section 7;

“local authority” means a county council, a city council or a town council (within the meaning of the Local Government Act 2001) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;

“mechanically propelled vehicle” has the meaning assigned to it by section 3 of the Act of 1961;

“Minister” means Minister for Transport, Tourism and Sport;

“regulations” means regulations made under this Act;

“service agreement” has the meaning assigned to it by section 62;

“shadow director” means in relation to a company, a person who is not a director, manager or secretary of the company, but by reason of any shareholdings, understanding or arrangement is entitled to any profit or gain from the company or controls the activities of any small public service vehicles operated by the company;

“small public service vehicle” has the meaning assigned to it by section 3 of the Act of 1961;

“SPSV” means small public service vehicle;

“SPSV regulations” means regulations made under section 20;

“taxi” means a street service vehicle (within the meaning of section 3 of the Act of 1961);

“website”, in relation to the Authority, means a website maintained by the Authority on the internet.

3. Regulations and orders

3. (1) Every regulation made under this Act and order made under section 6 or 24 F3[…], shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order is annulled, but without prejudice to the validity of anything previously done under it.

• (2) Where the Authority proposes to make regulations under this Act, it shall—

• (a) publish on its website a draft of the proposed regulations stating that representations may be made in writing to the Authority not later than 21 days (or such further period as the Authority allows) from the date of publication, and

• (b) consider any representations made to it,

and may make the regulations with or without any modification.

• (3) Where regulations are made under section 7, 8, 13(13) or 20 or an order is made under section 24, the Authority shall publish notice of their making and the regulations or order or a description of them and reference to their statutory instrument numbers on its website.

• (4) The validity of any instruments made under this Act shall not be affected by any non-compliance with subsection (2) or (3).

4. Repeals

4. The following are repealed:—

• (a) section 84 of the Road Traffic Act 1961;

• (b) section 15 of the Road Traffic Act 2002;

• (c) the Taxi Regulation Act 2003;

• (d) section 36 of the Road Traffic Act 2004;

• (e) section 21 of the Road Traffic Act 2006;

• (f) section 13 of the Roads Act 2007;

• (g) Part 1 of Schedule 1, and Schedule 2, to the Public Transport Regulation Act 2009.

5. Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to the extent sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Small Public Service Vehicle Licensing

6. Licensing authority

6. (1) Subject to subsection (2), the Authority is the licensing authority for the purposes of this Act.

• (2) Notwithstanding subsection (1), the Garda Síochána shall be the licensing authority to grant licences to drive small public service vehicles until such time as an order is made under subsection (3).

• (3) The Minister may make an order specifying a date from which the Garda Síochána shall cease to be the licensing authority to grant licences to drive small public service vehicles for the purposes of this Act.

• (4) An order under subsection (3) may include transitional provisions, including provision as respects the person who shall determine any licensing applications made before the order takes effect and which have not been determined when the order takes effect.

7. Licensing regulations

7. (1) The Authority may make regulations (“licensing regulations”) in relation to the licensing of—

• (a) small public service vehicles,

• (b) drivers of small public service vehicles, and

• (c) services involving small public service vehicles (including dispatch operators).

• (2) Regulations under this section may in particular and without prejudice to the generality of subsection (1) provide for all or any of the following:

• (a) the requirement for a licence to be held in respect of a mechanically propelled vehicle in order for it to be used as a small public service vehicle for the carriage of persons for reward;

• (b) the requirement for a person to hold a licence in order to drive a small public service vehicle for the carriage of persons for reward;

• F4[(c) the requirement for a person to hold a licence to operate as a dispatch operator;]

• (d) the terms and conditions relating to the grant of a licence;

• (e) the manner and form of an application for the grant of, or change to, a licence (including prescribing the period within which an application for the renewal of a licence shall be made before the expiry of the licence);

• (f) the information and documentation to accompany an application, including in the case of an application for a licence for a small public service vehicle information in respect of—

• (i) the age, make and details of the vehicle,

• (ii) the inspection and certification of its roadworthiness,

• (iii) the insurance of the vehicle, and

• (iv) its compliance with vehicle standards requirements under SPSV regulations;

• F5[(fa) the requirement that an application for the grant of a licence be accompanied by a written declaration by the applicant for the licence that he or she has not been convicted of any of the offences referred to in section 30(3) or the Schedule;

• (fb) the requirement that an application for the grant of a licence to drive a small public service vehicle be accompanied by a written declaration by the applicant for the licence that—

• (i) his or her health or mobility does not affect, to a material extent or to the extent specified in the regulations, his or her ability to drive a small public service vehicle, and

• (ii) he or she holds a driving licence permitting him or her to drive the vehicle, accompanied by details of the licence and any penalty points endorsed on the entry in the licence record (within the meaning of section 1 of the Road Traffic Act 2002) relating to him or her;

• (fc) the requirement that an application for a licence in respect of a small public service vehicle be accompanied by a written declaration by the applicant for the licence as to the roadworthiness of the vehicle and the compliance with vehicle standards specified in SPSV regulations;

• (fd) the requirement that an application for the grant of a licence to drive a small public service vehicle be accompanied by a written undertaking by the applicant for the licence not to drive or ply for hire in a small public service vehicle in contravention of SPSV regulations made in respect of any matter provided for—

• (i) under section 20(1)(a)(xii) in respect of the regulation of the period of time that a driver of a small public service vehicle may drive the vehicle, or

• (ii) under section 20(1)(a)(xiia) in relation to intervals of rest between commencing driving the vehicle and having ceased driving another vehicle in the course of other employment;

• (fe) in the case of a licence in respect of a small public service vehicle constructed or adapted for the carriage of a person with a disability using a wheelchair so that the person may be carried in the vehicle while seated in the wheelchair, the requirement that an application for the grant of the licence be accompanied by a written undertaking by the applicant to give, as far as is possible, priority to the carriage of a person with a physical or sensory disability which affects the mobility of the person and to ensure that the driver of such a vehicle gives reasonable assistance to these persons in entering and alighting from the vehicle;]

• (g) the fees to be charged in respect of applications for licences and other matters relating to licences;

• (h) the format and content of a licence;

• (i) the period of validity of a licence;

• (j) in the case of the renewal of a licence, the period within which an application for the renewal of the licence has to be made before the expiry of the existing licence;

• (k) information to be given to the licensing authority by the licence holder during the validity of the licence or upon its expiration, revocation or suspension;

• (l) in the case of a licence F6[granted] to the driver of a taxi, a restriction on the area in which the driver may, with the taxi, stand at an appointed stand or ply for hire;

• (m) in the case of a licence for a small public service vehicle, the requirements regarding—

• (i) the ownership or possession of the vehicle,

• (ii) the rental of the vehicle, and

• (iii) any equipment associated with the vehicle;

• (n) in the case of an application for a licence, or a licence held, by a company, the requirement to provide to the Authority details of any director, shadow director, manager, secretary, member entered in the register of the company, other officer or employee of the company, any person who has control of the company or any person purporting to act in that capacity;

• (o) prohibitions, restrictions and conditions relating to the renting or leasing of a small public service vehicle or equipment associated with it from the person who holds the licence relating to the vehicle;

• (p) matters which are supplementary, ancillary or incidental to the foregoing.

• (3) Any regulation made under this section relating to the licensing of drivers of small public service vehicles shall be made only after consultation with the Garda Commissioner and the Advisory Committee.

• (4) The Authority, in making regulations under this section, may set different requirements and conditions—

• (a) in relation to the licensing of different categories or classes—

• (i) of small public service vehicles,

• (ii) of drivers of small public service vehicles, and

• (iii) of licences referred to in subsection (2)(c),

• (b) for different circumstances, and

• (c) for different areas of the State.

• (5) A licence holder who fails to give information required to a licensing authority under licensing regulations or gives such information knowing it to be false or misleading commits an offence and is liable on summary conviction to a class C fine.

• (6) A person shall not rent or lease to or from another, or operate, a vehicle or equipment associated with it contrary to any prohibition, restriction or condition regarding such in licensing regulations.

• (7) A person who contravenes subsection (6) commits an offence and is liable on summary conviction to a class A fine.

8. Assessment of licence applicants and notification of health issues

8. (1) The Authority may by regulations (“assessment regulations”) establish requirements and conditions for the purpose of the assessment of applicants for the grant of licences, including requirements and conditions in respect of—

• (a) an assessment to be carried out by the Garda Commissioner, or by another person on behalf of the Authority, of the suitability of a person to hold a licence,

• (b) the knowledge of the geography, routes, place names and other matters relevant to the provision of service by a small public service vehicle in an area in respect of which a person makes F7[an application] for the grant of a licence,

• (c) the knowledge of and ability to meet the needs of people with disabilities including mobility and sensory difficulties to a standard determined by the Authority in consultation with the National Disability Authority,

• (d) knowledge of, and ability to meet, the small public service vehicle transport needs of consumers, and

• (e) knowledge of the regulations, standards and requirements relating to the licensing, driving and operation of small public service vehicles, and the general law relating to road traffic.

• (2) The Authority may, for the purpose of assessing applications for the grant of a licence, authorise or approve persons to determine whether a person who wishes to apply for the grant of a licence complies with or has reached an acceptable level of competence in respect of each or any of the standards established under subsection (1).

• (3) The standards set in any regulations made under section 34 of the Act of 2003 in respect of the matters referred to in subsection (1) which are in force, immediately before the commencement of this section, continue in force and may be amended or revoked under this section.

• (4) The Authority may, at any time during the validity of a licence, request the Garda Commissioner to carry out an assessment of the suitability of a person to hold the licence.

• (5) For the purposes of the licensing authority assessing the physical or mental capacity of a person to hold a licence to drive a small public service vehicle, the applicant for or the holder of such a licence shall disclose to the licensing authority any illness or physical incapacity he or she may have that could affect the person’s ability to safely drive a small public service vehicle.

• (6) The licensing authority may, for the purposes of subsection (5), require further information (including medical assessment) from the applicant for, or the holder of, a licence, as the case may be.

• (7) The Authority, after consultation with the Road Safety Authority, may issue guidelines for the purpose of ensuring compliance with subsection (5).

• (8) A person who, without reasonable excuse, fails to comply with subsection (5) commits an offence and is liable on summary conviction to a class A fine.

9. Grant and renewal of licence

9. (1) The licensing authority may, upon application to it and in accordance with this section and the F8[licensing regulations] grant to the applicant a licence.

• (2) An application for the grant of a licence shall be in such form and accompanied by the appropriate fee and such information and documentation as the licensing authority determines.

• (3) The licensing authority shall refuse an application for the grant of a licence where the application is not accompanied by the appropriate fee.

• (4) The licensing authority may refuse an application for the grant of a licence where the applicant fails to provide to the licensing authority information or documentation required by this Act or regulations made thereunder.

• (5) The licensing authority shall not grant a licence where certification required by assessment regulations is not produced with the application for the grant of a licence.

• (6) A person who in an application for the grant of a licence gives information or documentation knowing it to be false or misleading commits an offence and is liable on summary conviction to a class C fine.

• (7) Every licence, unless it has been revoked or suspended in accordance with this Act, section 34 of the Act of 2003 or section 82 of the Act of 1961, may be renewed by the licensing authority under this section.

• (8) A licence to drive a small public service vehicle may only be granted to an individual.

• F9[(8A) The licensing authority may only grant a licence to drive a small public service vehicle to an individual who holds a driving licence to drive such a vehicle, and]

• (9) A licence (other than a licence referred to in subsection (8)) may be granted to an individual or, in accordance with subsection (10), a company.

• (10) Where the applicant for a licence is a company, the applicant shall—

• (a) with the application, supply the name and address of any director, shadow director, manager, secretary, member entered in the register of the company, other officer or employee of the company, any person who has control of the company and any person purporting to act in that capacity, and

• (b) following the application, if before the application has been determined there is a change in the control of the company, notify the licensing authority of the change.

• (11) The licensing authority in considering an application for the grant or renewal of a licence shall have regard to the criteria set out in section 10.

• (12) The licensing authority may, when granting a licence, attach such terms and conditions to the licence as it sees fit.

• (13) A licence shall not be granted to an applicant by the licensing authority unless the applicant produces to the licensing authority a tax clearance certificate for the time being in force in respect of the applicant.

• F10[(14) The holder of a licence shall, during the period of validity of the licence, hold a tax clearance certificate issued to such holder for the time being in force.

• (14A) Where the holder of a licence for the time being in force surrenders the licence to the Authority, the licence stands revoked upon its surrender,]

• (15) It is a term of a licence that the holder of the licence complies with the regulations under this Act applicable to the licence.

• (16) Where an application for the renewal of a licence is made within the period provided by licensing regulations and the application is not determined before the expiry of the licence, the licence continues in force until the application has been so determined.

• (17) Subsection (16) does not apply to an application referred to in that subsection where the application is not accompanied by information or documentation required by this Act or regulations made thereunder.

• (18) A licence granted under regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961 which is in force immediately before the commencement of this section continues in force until it expires in accordance with its terms and is subject to this Act.

• (19) In this section—

“appropriate fee” means the fee provided under licensing regulations to be charged in respect of an application for a licence;

“tax clearance certificate” means a tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002) of the Taxes Consolidation Act 1997.

10. Suitable person to hold licence

10. (1) A licensing authority shall not grant a licence under section 9 to a person unless it is satisfied that he or she is a suitable person to hold a licence.

• (2) In assessing whether a person is a suitable person to hold a licence, the licensing authority may, amongst any other matters, have regard to the following:

• (a) whether the applicant is of good character;

• (b) any concerns raised by the Authority or the Garda Commissioner or other member of the Garda Síochána regarding the applicant’s suitability to hold a licence;

• (c) any convictions for offences (including offences under the enactments mentioned in the Schedule) committed by the applicant, and the extent to which those convictions are of relevance to the activities of the person in respect of providing small public vehicle services or driving a small public service vehicle, as the case may be;

• (d) in respect of an application for a licence to drive a small public service vehicle, the health of the applicant and his or her ability to provide small public vehicle services or drive a small public service vehicle;

• (e) where the applicant is a company, the suitability or conduct of any director, shadow director, manager, secretary, member entered in the register of the company, other officer or employee of the company F11[, any person who has control] of the company or any person purporting to act in that capacity regarding the operation of the licence;

• (f) where an applicant has previously held a licence, his or her compliance with any obligations applicable to him or her as a licence holder under this Act or regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961.

11. Obligation on applicant for, or holder of, licence to drive SPSV to inform licensing authority of his or her being engaged in another occupation, etc.

11. (1) Where a person who makes an application for a licence to drive a small public service vehicle is engaged in another occupation, the person when making the application shall—

• (a) inform the licensing authority of this fact and the nature of the occupation and, if employed by another, the name and principal business address of the employer, and

• (b) where the other occupation involves driving a vehicle, show to the satisfaction of the licensing authority, that he or she has informed in writing any employer of his or hers connected with that occupation, of his or her intention to make an application for the licence.

• (2) Where the holder of a licence to drive a small public service vehicle becomes engaged in another occupation, the person shall—

• (a) inform in writing the licensing authority of this fact and the nature of the employment and, if employed by another, the name and principal business address of the employer, and

• (b) where the other occupation involves driving a vehicle, show to the satisfaction of the licensing authority, that he or she has informed in writing any employer of his or hers connected with that other occupation, that he or she is the holder of a licence to drive a small public service vehicle and carries on the business of driving a small public service vehicle for hire or reward.

• (3) Subsection (1)(b) or (2)(b) does not apply to a vehicle used solely in connection with agricultural activities on a farm.

• (4) A person who fails to inform the licensing authority of the information required under this section or gives such information to the licensing authority knowing it to be false or misleading commits an offence and is liable on summary conviction to a class A fine.

12. Revocation - suspension of licence

12. (1) The licensing authority may, at any time, revoke a licence if it is satisfied that the holder of the licence is no longer a suitable person to hold a licence.

• (2) In determining whether to revoke a licence the licensing authority shall have regard to—

• (a) whether the holder of the licence has contravened any obligations applicable to him or her as licence holder (whether or not the licence holder has been convicted of an offence in relation to the contravention), including the provisions of this Act, any regulations made thereunder, the terms or conditions of the licence or any code of practice in force at the relevant time,

• (b) the nature, extent, seriousness and duration of any such contraventions,

• (c) the repeated occurrence of any such contraventions,

• (d) whether the holder of the licence has—

• (i) failed or refused to provide information required by this Act, regulations under this Act, F12[or the terms] or conditions of the licence, or

• (ii) supplied information that was false or misleading in a material particular and which he or she should reasonably have known to be such,

• (e) whether the holder of the licence has been convicted of any offences,

• (f) the need to ensure the safety and welfare of passengers in small public service vehicles and other road users,

• (g) any conduct by the licence holder, and where the holder is a company the conduct of any person referred to in section 10(2)(e), which calls into question the holder’s suitability to hold the licence,

• (h) any representations received from the licence holder, and

• (i) any other matter considered by the licensing authority to be relevant to the licence holder’s suitability to hold a licence.

• F13[(3) Where the licensing authority in determining whether to revoke a licence under this section is satisfied that the holder of the licence—

• (a) has contravened the obligations applicable to such licence holder (whether or not the holder has been convicted of an offence in relation to the contravention), including the provisions of this Act, any regulations made thereunder or the terms or conditions of the licence, or

• (b) has—

• (i) failed or refused to provide information required by this Act, regulations under this Act or the terms or conditions of the licence, or

• (ii) supplied information that was false or misleading in a material particular which he or she knew or ought reasonably to have known to be so,

but decides not to revoke the licence, it may, if it is satisfied it is appropriate to do so—

• (i) suspend the licence for a period not exceeding 3 months, or

• (ii) issue by notice to the holder of the licence a reprimand, warning, caution or advice,]

• (4) Where a licence is suspended under subsection (3) it ceases to have effect during the period of suspension. Any period of suspension shall not be construed as to extend the period of operation of the licence.

13. Representations and appeals

13. (1) Whenever the licensing authority proposes to refuse to grant a licence or to revoke or suspend a licence, it shall notify in writing the applicant or the holder, as the case may be, of the proposal and the reasons for the refusal, revocation or suspension and shall, if any representations are made by or on behalf of the applicant or holder, as the case may be, not later than 14 days or such further period as the licensing authority allows from the date of the service of the notification, consider the representations.

• (2) Whenever the licensing authority, having considered the representations (if any) that may have been made to it under subsection (1) by or on behalf of the applicant or holder, decides, as the case may be, to refuse to grant the licence or to revoke or suspend the licence, the licensing authority shall notify in writing the applicant or holder of its decision and of the appeal procedure under subsection (3) and that the decision does not take effect until the expiration of the period referred to in subsection (3) in the event of an appeal not being made within that period.

• (3) Where a person has been notified under subsection (2) of the decision of the licensing authority, to refuse to grant the licence or to revoke or suspend the licence, as the case may be, he or she may, not later than 28 days from the date of the service of the notification, appeal to the District Court against the refusal, revocation or the suspension, as the case may be.

• (4) Where an appeal is not made within the period referred to in subsection (3), the decision takes effect upon the expiration of that period and, in the case of a licence holder, the licence stands revoked or suspended, as the case may be.

• (5) Where the decision under subsection (2) is to revoke or suspend a licence and the holder of the licence has made an appeal under subsection (3) against the decision, the decision stands suspended until the appeal has been determined or withdrawn.

• (6) An appeal under subsection (3) or (8) shall be to the judge of the District Court within whose jurisdiction the applicant or the holder ordinarily resides or carries on or proposes to carry on the business of providing small public service vehicle services.

• (7) On the hearing of an appeal under subsection (3) in relation to the decision of the licensing authority under subsection (2), the District Court may either confirm the decision or allow the appeal. If the appeal is allowed in relation to a decision to refuse to grant a licence the licensing authority shall grant the licence.

• (8) A person aggrieved by the decision of the licensing authority issuing a reprimand, warning, caution or advice under section 12(3)(b)(II) may, not later than 28 days from the date of the service of the notification of the decision, appeal to the District Court against the decision.

• (9) On the hearing of an appeal under subsection (8) the District Court may confirm the decision, with or without variation, or allow the appeal.

• (10) The decision of the District Court on an appeal under subsection (3) or (8) is final, except by leave of the Court an appeal on a specified point of law lies to the High Court.

• (11) Where a person makes an appeal under this section he or she shall at the same time notify in writing the licensing authority of the appeal.

• (12) On the commencement of this section any appeals procedure established under any regulations made under section 82 of the Act of 1961 in relation to the refusal of an application for a licence or revoking or suspending a licence is replaced by this section.

• (13) The Authority may by regulations make such further provisions in relation to procedures to be followed with regard to making representations under subsections (1) and (2) as it considers necessary or expedient. Any such regulations may provide for the holding of oral hearings where the Authority is satisfied it is appropriate to do so.

• (14) This section does not apply to a revocation under section 47.

• F14[(15) Where the Authority proposes to refuse to grant, or to revoke or suspend, a licence in respect of a small public service vehicle as a result of the vehicle not meeting a standard required of a small public service vehicle under SPSV regulations, this section does not apply in respect of the refusal, revocation or suspension, as the case may be. ]

14. Prohibition on transfer of licence

14. (1) A licence, whether granted before or after the commencement of this section may not be transferred or assigned or be mortgaged or otherwise encumbered.

• (2) The prohibition on the transfer of a licence under this section does not affect a licence lawfully transferred before the commencement of this section.

15. Death of licence holder

15. (1) The applicant for a licence, with the application, or the holder of a licence, during its operation, may nominate in writing to the Authority a person as his or her representative who may apply to the Authority to continue to operate the licence in the event of his or her death.

• F15[(2) In the event of the death of the holder of a licence, his or her nominated representative may, within 9 months of the death of the holder, make an application to the Authority for the grant of a licence of the same category.

• (3) The provisions of this Act apply to an application made under this section.]

• (4) In this section—

“licence” means a licence other than a licence to drive a small public service vehicle;

“nominated representative” means the person nominated by the applicant for, or the holder of, a licence, for the purposes of continuing to operate the licence in the event of death of the licence holder.

16. Revocation of licence on change of control of company

16. (1) Subject to subsection (2), where a company holds a licence, in the event of a change in control of the company—

• (a) the licence stands revoked from the date of the change in control, and

• (b) the company shall notify in writing the Authority of the change in control and return the licence to the Authority with the notification, not later than 14 days from the date of change in control of the company.

• (2) Where there is a change in control of a company which holds a licence arising from the death of a member of the company subsection (1) does not apply.

• (3) A company who fails to comply with subsection (1)(b) commits an offence and is liable on summary conviction to a class A fine.

• (4) In this section “change in control”, in relation to a company, means—

• (a) a change in the person who controls the company (within the meaning of section 432(2) of the Taxes Consolidation Act 1997), or

• (b) the acquisition or disposal in one transaction or a series of transactions of shares in the company amounting in value to half, or more, of those issued by the company.

17. Obligation on holder of licence where licence is revoked or suspended or expires, or changes address

17. (1) Whenever a licence—

• (a) is revoked or suspended, other than a revocation under section 47, or

• (b) expires and an application for the renewal of the licence is not made, or an application for the renewal of the licence is refused,

the holder of the licence shall—

• (i) not later than 21 days or such further period as the Authority allows, F16[after the receipt] of notification from the licensing authority of the revocation or suspension of the licence, or of the expiry of the licence, as the case may be, deliver to the licensing authority—

• (I) the licence and any badge or disc, and

• (II) where the licence is a small public service vehicle licence, written confirmation that any sign or disc affixed to the vehicle in accordance with SPSV regulations has been removed from the vehicle,

and

• (ii) where the licence is a small public service vehicle licence in respect of a taxi, cease to display taxi signage on the vehicle immediately upon receipt of the notification from the licensing authority of the revocation or suspension of the licence or F17[after the expiry] of the licence, as the case may be.

• (2) A person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a class C fine.

• (3) Where the holder of a licence—

• (a) being an individual, changes the address of his or her primary place of residence, or

• (b) being a company, changes the address of its registered office,

the holder shall give the licensing authority not later than 21 days, or such further period as the Authority allows, F18[after the change, details of the new address] of the residence or registered office as the case may be.

• (4) The holder of a licence who fails to comply with subsection (3) commits an offence and is liable on summary conviction to a class D fine.

• (5) On the termination of the suspension of a licence the licensing authority shall return the licence and any badge or disc to the holder.

• (6) In this section reference to a sign, disc or badge is to be read as a reference to such issued under or in conformity with SPSV regulations.

18. Register of licences

18. (1) The register of licences established and maintained under section 38 of the Act of 2003 continues in being.

• (2) The register may be maintained in a form that is not legible if it is capable of being converted into permanent legible form.

• (3) The register shall contain the following details in relation to each licence and its holder:

• F19[(a) the name of the holder;

• (b) the address and any change of address of the holder;]

• (c) if the holder is an individual, the personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005) of the holder;

• (d) the licence number;

• (e) where the licence is granted in respect of a vehicle, the unique identification mark (registration number) of the vehicle;

• (f) where a licence is granted to a person to drive a small public service vehicle, the number of the driving licence (within the meaning of the Act of 1961) granted to the holder;

• (g) the category of small public service vehicle in respect of which a licence has been granted;

• (h) the date of the grant of a licence;

• (i) the county or area of application in respect of which the licence has been granted;

• (j) in the case of dispatch operators, other booking services for small public service vehicles, wheelchair accessible taxi licences and such other categories that the Authority specifies in regulations, details of the holders’ licensed area of, and hours of, operation and of where he or she may be contacted;

• (k) details of any transfer of ownership of a licence or of the continuance in force of a licence in respect of a different vehicle;

• (l) details of any suspension of a licence, including the duration or period of suspension, a reference to the reasons for the suspension and particulars of all removals of such suspensions;

• (m) details of any revocation of the licence;

• (n) details of any action taken under section 12 and the reasons for it;

• (o) endorsement of demerits under section 35 in the entry of the licence holder concerned.

• (4) The Authority shall, on payment of a fee (other than where a request is made by the Garda Commissioner or by the Courts Service) as determined by the Authority, issue a certificate relating to information contained in a reference in the register of licences relating to a licence granted under section 9 or under regulations made under section 34 of the Act of 2003 or section 82 of the Act of 1961, F20[including the name of the person] who holds the licence or the vehicle in respect of which the licence was granted.

• (5) The establishment and maintenance of a register of licences shall be funded from income from fees accruing to the Authority under this Act.

• (6) Information contained in the register shall, subject to a determination by the Authority in consultation with the Garda Commissioner that certain information relating to a person referred to in the register should remain confidential, be available for inspection at all reasonable times, upon payment of such fee, if any, as the Authority decides.

• (7) In this section “register” means register of licences.

PART 3 Regulation of Small Public Service Vehicle Industry

19. Function of Authority to regulate taxi industry, etc.

19. (1) It is a function of the Authority to develop, operate and maintain a regulatory framework for the licensing and regulation of the standards to be applied to—

• (a) small public service vehicles and their drivers, and

• (b) the provision of services involving small public service vehicles.

• (2) In exercising its functions under subsection (1) the Authority shall seek to achieve the following objectives:

• (a) to promote the provision and maintenance of quality services by small public service vehicles and their drivers;

• (b) to pursue the continued development of a qualitative and customer orientated licensing system, regulatory code and standards for small public service vehicles, small public service vehicle licence holders and small public service vehicle drivers;

• (c) to oversee the development of a professional, safe, efficient and customer- friendly service by small public service vehicles and their drivers;

• (d) to encourage and promote competition in relation to services (including fares) offered by small public service vehicles;

• (e) in seeking to achieve the provision of quality services by small public service vehicles and their drivers, to have due regard to the protection of service users and providers alike;

• (f) to promote measures to facilitate increased integration of taxi services in the public transport system;

• (g) to promote the development of high quality cost effective services by small public service vehicles and their drivers which meet a wide range of customer needs including those of passengers with mobility or sensory impairments;

• F21[(h) to promote access to, the availability and affordability of, and priority in booking or hiring of, small public service vehicles by persons with disabilities;]

• (i) to encourage investment to support and enhance the services offered by small public service vehicles and to promote innovation in this regard.

• (3) Subject to any policy direction under section 26 of the Act of 2008, the Authority shall be independent in the exercise of its functions under this Act.

• (4) The exercise of the functions of the Authority under this Act other than a power to make regulations may be carried out by or through a member, or member of the staff, of the Authority authorised by the Authority on that behalf or under a service agreement.

20. Small public service vehicle regulations

20. (1) The Authority may make regulations, to be known in this Act as small public service vehicle regulations (“SPSV regulations”) in relation to the following:

• (a) the regulation of the operation of a small public service vehicle, including the operation of such a vehicle by its driver, to provide for any or all of the following:

• (i) the maximum number of passengers permitted to be carried in the vehicle;

• (ii) the identification, including the internal or external signage, markings or colour of the vehicle;

• (iii) the regulation of the display and use of identification, signs, symbols, lights, information or messages on or in the vehicle or the licence plate of the vehicle;

• (iv) restricting or prohibiting the use of the vehicle as a small public service vehicle if it is not in a satisfactory condition having regard to standards regarding its condition;

• (v) the regulation of the hiring of the vehicle (including the commencement of the hiring and the issue of receipts for fares and the recording of fares);

• (vi) the requirement to fit specified equipment in the vehicle, including taximeters and machines to issue receipts, to facilitate a hire;

• (vii) the operation of any equipment required to be fitted in the vehicle for the purpose of facilitating a hire, including the use of taximeters, machines for issuing receipts and other apparatus;

• (viii) the information that is required to be displayed, and the manner of such display, including—

• (I) where appropriate, the approved maximum fare structure applying to the vehicle,

• (II) information necessary for the assistance of a passenger, including requirements established for the conduct of drivers of small public service vehicles;

• (ix) the requirements relating to the fitting or non-fitting of equipment in the vehicle and the operation of such equipment;

• (x) the identification of drivers, including badges or any other means that may be specified, and the display of such F22[on the driver] or in the vehicle, or both, of information relating to the licence to drive a small public service vehicle, in respect of the category being driven, held by the driver;

• (xi) the areas or locations where the drivers of small public service vehicles may carry on activities of operating small public service vehicles;

• F23[(xii) the regulation of the period of time that a driver may drive the vehicle;

• (xiia) the requirement that intervals of rest be taken by a driver of the vehicle between the driver commencing driving the vehicle and ceasing to drive another vehicle in the course of his or her other employment;]

• (xiii) restricting or prohibiting driving the vehicle for hire or reward in specified circumstances;

• (xiv) restricting or prohibiting the vehicle being used to display inappropriate advertising, slogans or images;

• (xv) the restriction or the prohibition of the carriage of dangerous goods or articles in the vehicle;

• (xvi) the regulation of the carriage of animals or goods in the vehicle;

• (xvii) the keeping of records in relation to the operation of the vehicle as a small public service vehicle;

• (b) the vehicle standards to be complied with regarding the roadworthiness and suitability of a small public service vehicle, including standards relating to the following:

• (i) the regulation of the size of the vehicle, including the passenger-carrying and luggage-carrying capacity of the vehicle;

• (ii) the type and age of a vehicle which may be used as a small public service vehicle;

• (iii) the standards relating to any equipment carried in the vehicle, including requirements in relation to evidence of verification of taximeters or taximeter systems in accordance with regulations made under the Metrology Act 1996;

• (iv) the seating and accommodation capacity of the vehicle;

• (v) the luggage capacity of the vehicle;

• (vi) access to and from the vehicle;

• (vii) tyre, wheel, seatbelt and window standards;

• (viii) restriction or prohibition of specified fittings on the vehicle (such as tinted windows and bull-bars);

• (ix) the general condition of the vehicle (including standards regarding its appearance and cleanliness);

• (c) the regulation of the standards to be complied with in relation to the entry to and accommodation in a small public service vehicle for people with a disability, including wheelchair users or persons with mobility or sensory difficulties;

• (d) the notification to the Authority by the holder of a licence to drive a small public service vehicle of the identity as required in the regulations of any small public service vehicle to be driven by him or her;

• (e) the regulation of—

• (i) the operation of booking services for small public service vehicles and fees for such, and

• (ii) the standards to apply to the service provided by dispatch operators and other operators of booking services for small public service vehicles;

• (f) the regulation of the standards to be complied with by persons who control the operation of small public service vehicles;

• (g) the regulation of the rental or leasing of a small public service vehicle or equipment associated with it;

• (h) the regulation of the standards to be complied with in relation to any permitted advertising in or on a small public service vehicle by the licence holder of the vehicle;

• (i) the regulation of the standards of conduct, general behaviour, deportment and dress for drivers of small public service vehicles;

• (j) the regulation of the duties of a driver of a small public service vehicle, to provide for all or any of the following:

• (i) the treatment of and conduct towards passengers or intending passengers;

• (ii) subject to the requirements of section 23, the acceptance of a hire;

• (iii) subject to the requirements of section 23, the determination of and adherence to the shortest route available between the commencement and completion of a hire;

• (iv) compliance with the stated requirements of the person who has hired the vehicle, where such requirements are reasonable;

• F24[(iva) the loading, unloading and carriage of the luggage of a passenger;]

• (v) the recording of fares prior to the commencement of a hire;

• (vi) the requirement to offer receipts in respect of a fare;

• F24[(via) methods of payment of fares;]

• (vii) the facilitation of the needs of any person with mobility, sensory or other difficulties in the provision and reception of a hire.

• (2) The Authority, in making regulations under this section, may set different requirements and conditions—

• (a) in relation to the operation of different categories of—

• (i) small public service vehicles and their drivers, and

• (ii) dispatch operators and other persons operating booking services for small public service vehicles,

• (b) for different circumstances, and

• (c) for different areas or counties in the State.

• (3) Regulations under this section may declare that a specified contravention of regulations in respect of any of the matters mentioned in subsection (1) is a substantial breach of the regulations, having regard to the nature of the contravention.

• (4) A person who fails to comply with or contravenes a regulation under this section, which is stated in the regulations to be a penal provision, commits an offence and is liable on summary conviction—

• (a) where the contravention is declared under subsection (3) to be a substantial breach, to a class A fine, or

• (b) in the case of any other contravention, to a class C fine.

21. Codes of practice

21. (1) The Authority may—

• (a) establish a code of practice, or

• (b) adopt in whole or in part a code of practice published by another person whether within the State or otherwise,

for the purpose of—

• (i) providing practical guidance to holders of licences, and

• (ii) establishing standards in relation to the general behaviour, duties and conduct of drivers of, and persons providing services in respect of, small public service vehicles and their passengers and intending passengers.

• (2) A code of practice is in addition to and not in substitution for any SPSV regulations in relation to the matters to which the code applies.

• (3) A code of practice shall be published by the Authority—

• (a) on the website of the Authority in such a form or manner as the Authority thinks appropriate, and

• (b) in printed form available on request on payment of such reasonable fee (if any) as the Authority decides,

and the code published shall specify the date from which it or any amendment to it has effect.

• (4) It is the duty of a person to comply with a code of practice applying to him or her in so far as is reasonably practicable.

• (5) Before establishing or adopting a code of practice, the Authority—

• (a) shall publish on the website of the Authority a draft of the proposed code and allow persons a specified period, being not less than 21 days from the date of publication, to make written representations to the Authority in relation to the draft code or draft amendment, and

• (b) may, having considered any representations received, establish or adopt the draft code, with or without modification.

• (6) Subsection (7) applies in proceedings for an offence under this Act where there was a relevant code of practice in operation at the time of the commission of the alleged offence.

• (7) Where it is shown in any proceedings that an act or omission of the accused constituted an element of an offence and such act or omission was—

• (a) a failure to observe a relevant code of practice referred to in subsection (6), or

• (b) in compliance with that code of practice,

the failure or compliance is admissible in evidence.

• (8) A copy of a code of practice which has endorsed on it a certificate purporting to be signed by an officer of the Authority, authorised by the Authority in that behalf, stating that the copy is a true copy of the code of practice may, without proof of the signature of the person signing the certificate or that he or she is authorised to sign the certificate, be produced in every court and in all proceedings under this Act and is evidence, unless the contrary is shown, of the code of practice.

• (9) In this section “code of practice” means a code of practice established or adopted under subsection (1).

22. Prohibition on providing small public service vehicle services without licence

22. (1) This section does not apply to—

• (a) a person driving or using a bus (within the meaning of section 2 of the Act of 2009)—

• (i) in the operation of a public bus passenger service (within the meaning of section 2 of the Act of 2009), or

• (ii) which has been hired, other than in a public place, for the carriage for reward of passengers,

and

• (b) in relation to subsection (2), a person driving or using a mechanically propelled vehicle in accordance with section 53 or 56.

• (2) A person shall not drive or use a mechanically propelled vehicle to which this section applies in a public place for the carriage of persons for hire or reward unless—

• (a) the vehicle is—

• (i) a small public service vehicle licensed under licensing regulations, and

• (ii) licensed to be operated or driven in that place,

and

• (b) the person holds a licence to drive a small public service vehicle of the category that he or she is driving or using.

• F26[(3) A person shall not ply or stand for hire with a mechanically propelled vehicle to which this section applies in a public place unless—

• (a) the vehicle is a taxi in respect of which there is a licence in force for that purpose, and

• (b) the person holds a licence to drive a taxi and to ply or stand for hire with a taxi in that public place.

• (4) A person who contravenes—

• (a) subparagraph (i) or (ii) of paragraph (a) or paragraph (b) of subsection (2), or

• (b) paragraph (a) or (b) of subsection (3),

commits an offence and, if that person is not the owner of the vehicle, such owner commits an offence, in respect of each such contravention and each is liable in respect of each such contravention on summary conviction to a class A fine.

• (5) Where a person is required under licensing regulations to hold a licence to act as a dispatch operator, the person shall not act as a dispatch operator, unless the person holds a licence to act in that regard.]

• (6) A person who contravenes subsection (5) commits an offence and is liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €50,000.

• (7) In this section—

“licence to drive a small public service vehicle” means a licence to drive a small public service vehicle granted under section 9 or regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961;

“owner”, in relation to a vehicle, means the registered owner (within the meaning of section 56 (inserted by section 2 of the Roads Act 2007) of the Roads Act 1993) of the vehicle;

“public place” has the meaning assigned to it in the Act of 1961;

“small public service vehicle licence” means a licence, in respect of a small public service vehicle, granted under section 9 or regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961;

“use” includes the stopping or parking of a mechanically propelled vehicle or standing the vehicle for hire at an appointed stand.

23. Obligations on public service vehicle drivers towards passengers

23. (1) The driver of a small public service vehicle in respect of which a fare has been agreed in advance of the commencement of the hire, who charges or seeks to charge a fare that is greater than the agreed fare commits an offence and is liable on summary conviction to a class C fine.

• (2) The driver of a taxi who is plying or engaged for hire or standing for hire at an appointed stand, whether or not the taxi is standing for hire at the head of the stand, shall not refuse to carry a person as a passenger in the taxi, save where—

• (a) to do so would exceed the number of persons permitted to be carried in the taxi under the licence in respect of that vehicle,

• (b) the person’s proposed journey is more than 30 kilometres in distance (or such other distance as stands specified in regulations made by the Authority) from the commencement of the journey,

• (c) there are adverse weather or road conditions or traffic controls affecting the journey or route such as to render the journey unsafe or impractical,

• (d) luggage or other articles in the person’s possession to be carried in the vehicle are in excess of the luggage carrying capacity of, or could cause damage to, the taxi, or

• (e) the passenger or intending passenger—

• (i) appears or acts in an aggressive, intoxicated, drunk or disorderly manner, or the driver has reason to believe, will act as such, or

• (ii) is dishevelled to such a degree that in the driver’s opinion carriage of such person would affect the sanitation or cleanliness of the taxi.

• (3) The driver of a taxi when hired for a journey, shall not complete the journey, unless otherwise requested by the passenger, other than by taking—

• (a) the shortest route, where practicable, or

• (b) with the consent of the passenger, the most convenient route.

• (4) The driver of a taxi who fails to comply, without reasonable cause, with subsection (2) or (3) commits an offence and is liable on summary conviction to a class C fine.

24. Maximum fares

24. (1) The Authority may make an order (in this section referred to as a “maximum fares order”) fixing the maximum fares that may be charged by the driver of a taxi.

• (2) Different maximum fares may be fixed under this section—

• (a) in respect of hires engaged on a single hire basis and on a shared hire basis,

• (b) for different circumstances or times.

• (3) Before fixing maximum fares under this section the Authority shall—

• (a) consult with—

• (i) the Advisory Committee, and

• (ii) the Legal Metrology Service,

• (b) publish a notice on its website and in one or more national newspapers—

• (i) indicating that it is proposed to exercise the function, and

• (ii) stating that representations in relation to the proposal may be made in writing to the Authority before a specified date (which shall be not less than one month after the publication of the notice),

and

• (c) consider any observations made by the Advisory Committee, the Legal Metrology Service and any representations made pursuant to paragraph (b).

• (4) Where maximum fares are fixed under this section by the Authority, details of the fares fixed shall be published by the Authority on its website and in one or more national newspapers.

• (5) An officer of the Authority may issue a certificate that on a specified day specified fares were the maximum fares fixed.

• (6) A certificate purporting to be issued under subsection (5) that on a specified day a specified fare was the maximum fare fixed for a taxi shall, without proof of the signature of the person purporting to sign it or that he or she was the proper person to issue it, be evidence until the contrary is shown of the matters certified in the certificate.

• (7) The driver of a taxi who charges or attempts to charge a fare for a hire that is greater than the maximum fare that may be calculated in accordance with a maximum fares order commits an offence and is liable on summary conviction to a class B fine.

• (8) A person, or where prior arrangements in relation to payment have been made with another party, that party, who has hired a small public service vehicle shall pay the fare agreed in advance for the hire or, where the maximum fare for the hire is subject to a maximum fares order, the fare determined in accordance with that order.

• (9) A person who hires a small public service vehicle and who, without reasonable excuse, does not comply with subsection (8) commits an offence and is liable on summary conviction to a class D fine.

• (10) The validity of any maximum fares order shall not be affected by non-compliance with subsection (3) or (4).

• (11) In this section—

“shared hire” means a hire which is engaged jointly by more than one person at the same time, not necessarily terminating at the same location, from an appointed stand which has been designated for shared hire purposes by a local authority;

“single hire” means a hire which is engaged by one person on that person’s sole behalf or on behalf of that person and additional persons.

25. Appointed stands (taxi ranks)

25. (1) A local authority may make bye-laws in respect of any specified area in its functional area for all or any of the following purposes:

• (a) appointing the places (“appointed stands”) at which taxis may stand for hire;

• (b) fixing the maximum number of taxis which may stand for hire at the same time at any particular appointed stand;

• (c) specifying appointed stands at which taxis may stand for hire at particular times only and specifying those times;

• (d) determining the manner in which taxis shall make use of and stand for hire at any particular appointed stand;

• (e) prohibiting taxis from standing for hire at places in the area that are not appointed stands;

• (f) otherwise regulating and controlling the use of appointed stands.

• (2) Different bye-laws may be made under this section—

• (a) in respect of different areas within the functional area of the local authority concerned, and

• (b) in respect of other different circumstances.

• F27[(3) The driver of a taxi shall not stand for hire with a taxi at an appointed stand in an area in which the driver is not licensed under section 9 to so stand.]

• (4) The driver of a taxi shall not stand or attempt to stand for hire with the taxi—

• (a) while the maximum permitted number of taxis which may stand for hire at the appointed stand under bye-laws made under subsection (1) are standing for hire at the stand, or

• (b) in contravention of any other bye-law made under subsection (1).

• (5) The driver of a taxi, where an appointed stand is full, shall not stand with the taxi on part of the public road adjoining or in the proximity of the stand.

• (6) The driver of a taxi shall not stand with the vehicle or park it at an appointed stand unless the vehicle is available for hire.

• (7) The driver, or person in charge of, a vehicle which is not a taxi shall not stand with the vehicle, or park it, at an appointed stand.

• (8) Where, in the opinion of a member of the Garda Síochána, the driver or person in charge, of a vehicle is contravening subsection (6) or (7), the member may require the person to move the vehicle from the appointed stand concerned.

• (9) A person who contravenes subsection (3), (4), (5), (6) or (7) commits an offence and is liable on summary conviction to a class D fine.

• (10) A person who fails to comply with a requirement of a member of the Garda Síochána under subsection (8) commits an offence and is liable on summary conviction to a class C fine.

• (11) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is failing to comply with a requirement under subsection (8).

• (12) Where a local authority proposes to make bye-laws under this section, it shall—

• (a) consult with the Authority and the Garda Commissioner, and

• (b) publish a notice in F28[Iris Oifigiúil,] on its website and in one or more newspapers circulating in the area to which the proposed bye-laws will relate stating—

• (i) that the authority proposes to make bye-laws under this section in relation to the area and that a draft of the proposed bye-laws is available for inspection on its website, and

• (ii) that representations may be made to the authority by any person affected before a specified date.

• (13) Where a notice is published pursuant to subsection (12), a person may make representations in relation to the proposed bye-laws to the local authority concerned before the date specified in the notice, and the authority shall, before deciding to make the bye-laws and determining their contents, have regard to any such representations.

• (14) Where a local authority proposes to make bye-laws under this section in relation to a public road responsibility for the maintenance of which lies on a road authority (within the meaning of the Act of 1961) not being the local authority, the local authority shall consult with the road authority before making the bye-laws.

• (15) As soon as may be after the making of bye-laws under this section notice of their making shall be published in one or more newspapers circulating in the area to which the bye-laws relate and on the website of the local authority concerned.

• (16) The Authority may draw up and publish a guideline to local authorities in relation to bye-laws under subsection (1) and their contents. A local authority shall have regard to any such guidelines.

• (17) The function conferred on a local authority under subsection (1) is a reserved function.