Local Government (Miscellaneous Provisions) Act 1976

• (3) If a person having an interest in or a right over any land suffers damage in consequence of the carrying out, maintaining, repairing or removing of works by a council in pursuance of the preceding section or the exercise by a person authorised by a council of a power conferred by subsection (1) or (2)(b) of this section or a failure of such a person to perform the duty imposed by subsection (2)(c) of this section, the person who suffers the damage shall, subject to the following subsection, be entitled to recover compensation for the damage from the council; and subsection (5) of section 24 of this Act shall have effect for the purposes of this subsection as if for the reference to subsection (4) of that section there were substituted a reference to this subsection.

• (4) No compensation shall be payable by virtue of the preceding subsection, to any person having an interest in the site of the excavation in question, in respect of damage attributable to the presence of permanent works on any land other than damage attributable to interference with an easement or profit.

• (5) If a person—

• (a) wilfully obstructs another person in the exercise of a power conferred on the other person by subsection (1) or (2)(b) of this section; or

• (b) while another person is on land in pursuance of the said subsection (2)(b) wilfully obstructs him in doing things connected with the works in question; or

• (c) without the argreement of the council by which works have been carried out in pursuance of the preceding section, removes or otherwise interferes with the works,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (6) Nothing in the preceding section or the preceding provisions of this section applies to an excavation—

• (a) on operational land of statutory undertakers; or

• (b) on land of the Coal Authority of such a description as the Secretary of State may specify by regulations made by statutory instrument;

and the definition of “operational land” in section 263 of the Town and Country Planning Act 1990 shall apply for the purposes of paragraph (a) of this subsection as if in that section “statutory undertakers” had the same meaning as in that paragraph and “undertaking” had a corresponding meaning.

Alterations of supplemental provisions of Public Health Acts

Alterations of supplemental provisions of Public Health Acts

27

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (4) For the purposes of the provisions of the Public Health Act 1936 relating to joint boards within the meaning of that Act . . ., sections 16, 32 and 41 of this Act (which correspond respectively to sections 277, 274 and 286 of that Act) shall be treated as provisions of that Act and may accordingly be applied to those bodies by orders under those provisions.

• (5) In section 322 of the Public Health Act 1936 (which relates to councils in default), for the words in subsection (2) from the beginning to “question” there shall be substituted the words “ If the Minister is satisfied that any council, port health authority or joint board have failed to discharge their functions under this Act in any case where they ought to have done so ”, and for the words “so specified” in subsection (3) there shall be substituted the words “ specified in his order ”.

• (6) The repeal by this Act of sections 295, 313 and 314 of the Public Health Act 1936 shall not affect any order in force by virtue of the section in question immediately before the repeal takes effect.

• (7) It is hereby declared that references in the preceding provisions of this section to any enactment do not include references to it as incorporated in or applied by or under any other enactment.

Financial provisions

Funds of local authorities etc.

28

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Repayment of unclaimed compensation etc paid into court

29

• (1) Where—

• (a) a local authority has paid money into court in pursuance of section 76 or 85 of the Lands Clauses Consolidation Act 1845 or section 9 of or Schedule 2 ... to the Compulsory Purchase Act 1965; and

• (b) after the expiration of the period of twelve years beginning with the date when the money was paid into court any of the money, or any assets attributable to the money by way of interest, securities, accumulations from securities, proceeds of sale of securities or otherwise, has not or have not been ordered by a court of competent jurisdiction to be paid or transferred to or applied for the benefit of the authority or another person,

the High Court may, on the application of the authority, order that the money or assets shall be paid or transferred to the authority.

• (2) Where at any time after money has been paid or assets have been transferred to a local authority in pursuance of the preceding subsection it appears to the High Court, on the application of another person, that the Court would have ordered the whole or part of the money or assets to be paid or transferred to the applicant if the money or assets had not been paid or transferred to the authority as aforesaid, the Court may order the authority to pay to the applicant such a sum as the Court considers just.

• (3) If a former authority paid money into court as mentioned in subsection (1)(a) of this section in respect of land or an interest in land which—

• (a) is held by a local authority; and

• (b) has not since its acquisition by the former authority been transferred otherwise than by an Act or an order made under an Act,

subsection (1) of this section shall have effect in relation to the payment as if it had been made by the local authority on the date on which it was actually made; and in this subsection “former authority” means an authority which has ceased to exist and which, when it existed, was constituted in pursuance of the enactments relating to local government which were then in force.

• (4) For the purposes of the preceding subsection—

• (a) any land held by a parish council shall be treated as held by the district council whose area includes the area of the parish council, and

• (b) any land held by a community council shall be treated as held by the county or county borough council whose area includes the area of the community council.

Power to forgo repayment of advances of remuneration paid to deceased employees

30

• (1) If a person in the employment of a local authority—

• (a) receives from the authority remuneration in respect of a future period on the assumption that he will be employed in that employment throughout that period; and

• (b) dies before the expiration of that period,

the authority may, subject to the following subsection, forgo the repayment of so much of the remuneration as relates to the period after his death.

• (2) An authority shall not be entitled to forgo such a repayment in respect of a period after the relevant death if—

• (a) a pension is payable for that period in respect of the deceased out of money provided by Parliament or out of a fund which is maintained by the authority or into which contributions have been paid by the authority in respect of service of the deceased; and

• (b) the rate of the pension is not less than the rate of relevant remuneration which was received by the deceased for his last year of service in the employment in question or, if relevant remuneration at different rates was received by him for that year, is not less than the highest of those rates;

and in paragraph (b) of this subsection “relevant remuneration”, in relation to a deceased person and a year, means remuneration which would have fallen to be taken into account in respect of that year in calculating a retirement pension payable to him in respect of the employment in question on his attaining pensionable age and being granted such a retirement pension.

• (3) For the purposes of this section—

• (a) the cases in which a person is in the employment of a local authority are to be taken to include cases where a person is a member of a police force maintained by a local authority; and

• (b) in such cases, references to employment are to be construed accordingly.

Indemnities for officers of local authorities appointed receivers or administrators

31

If an officer of a local authority is appointed as a deputy for a person by the Court of Protection or, on the nomination of the authority, as the administrator of the estate of a deceased person, the authority may pay to the officer any sum which he becomes liable to pay in consequence of the appointment and may pay the premiums in respect of any policy of insurance for indemnifying the officer from the consequences of any act or omission connected with the appointment which occurs while he holds the appointment.

Miscellaneous

Power of local authorities to execute works outside their areas

32

Any power to execute works which is conferred on a local authority by any enactment may, unless the contrary intention appears in that or any other enactment, be exercised outside as well as inside the area of the authority.

Restoration or continuation of supply of water, gas or electricity

33

• (1) If any premises in the area of a district council, a London borough council or the Common Council , or a county or county borough council in Wales are occupied as a dwelling and the supply of water, gas or electricity to the premises—

• (a) is cut off in consequence of the failure of the owner or former owner of the premises to pay a sum payable by him in connection with the supply; or

• (b) is in the opinion of the council likely to be cut off in consequence of such a failure,

the council may, at the request in writing of the occupier of the premises, make such arrangements as it thinks fit with the personwho provided the supply for it to be restored to the premises or, as the case may be, for it to be continued to the premises.

• (2) Where under arrangements made in pursuance of the preceding subsection in respect of any premises a council makes a payment in respect of a sum which, at the time when the relevant supply to the premises was or became likely to be cut off as mentioned in that subsection, a person was liable to pay in connection with the supply to the personwho provided it, the council shall be entitled to demand and recover from that person a sum equal to the payment; and where under such arrangements a council makes a payment in respect of the restoration of a supply to any premises or a payment for a supply to any premises, the council shall be entitled to demand and recover from the owner of the premises a sum equal to the payment reduced by any amount received by the council in pursuance of subsection (4) of this section in respect of the payment.

• (3) A council by which a sum is recoverable from a person in pursuance of the preceding subsection shall also be entitled to recover from him interest on the sum, from the date of service of the demand for the sum, at such reasonable rate as the council may determine; and such a demand must—

• (a) be served on the recipient in writing; and

• (b) give particulars of the payment to which the sum demanded relates; and

• (c) in the case of a demand for a sum on which interest is payable by virtue of this subsection, state the rate of the interest and that interest is payable from the date aforesaid.

• (4) Where by virtue of the preceding provisions of this section a council is entitled to recover from the owner of any premises a sum on account of a payment in respect of the restoration or continuation of a supply to the premises or a payment for a supply to the premises or interest on such a sum the sum so recoverable, together with any interest accrued due, shall, until recovered, be a charge on the premises concerned and if—

• (a) the owner of the premises is, under the terms on which a person occupies the premises, required to pay for a supply of the kind to which that sum relates; and

• (b) the council has served a notice on that person requiring him to pay to the council, instead of to the owner of the premises, the rent for the premises which apart from this subsection is or becomes payable by him to the owner of the premises,

it shall be the duty of that person to comply with the notice except so far as the council directs otherwise and the council may accordingly recover from him from time to time sums equal to the rent in question.

• (4A) A charge under subsection (4) above takes effect from the date when the council makes the payment referred to in that subsection and, for the purposes of enforcing a charge,—

• (a) the council shall have the same powers and remedies, under the Law of Property Act 1925 and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and, subject to paragraph (b) below, of appointing a receiver; and

• (b) the power to appoint a receiver shall be exercisable at any time after the expiry of one month from the date when the charge takes effect.

• (5) In this section “the owner”, in relation to any premises, means a person who apart from the preceding subsection is entitled on his own behalf or as a trustee or agent for another person to rent for the premises from the occupier of the premises and “former owner”, in relation to any premises, means a person who was so entitled to rent for the premises from the occupier or former occupier of the premises.

Access for removal, and storage before removal, of refuse etc from buildings

34

Removal of obstructions from private sewers

35

• (1) If a private sewer is obstructed at a point within the area of a local authority (other than a county council in England. . .), the authority may serve on each of the persons who is an owner or occupier of premises served by the sewer, or on each of such of those persons as the authority thinks fit, a notice requiring the recipients of notices in pursuance of this subsection in respect of the obstruction to remove it before a time specified in the notice; and that time shall not be earlier than forty-eight hours after the service of the notice or, if different notices in respect of the same obstruction are served in pursuance of this subsection at different times, shall not be earlier than forty-eight hours after the latest of those times.

• (2) If an obstruction in respect of which notices have been served by an authority in pursuance of the preceding subsection is not removed within the period specified in the notices, the authority may remove it.

• (3) Where an authority has reasonably incurred expenses in removing an obstruction in pursuance of the preceding subsection, the authority may serve on each of the persons on whom it served notice in pursuance of subsection (1) of this section in respect of the obstruction a further notice—

• (a) requiring him to pay to the authority a sum equal to so much of the expenses as is specified in the further notice; and

• (b) specifying the other persons on whom notices in pursuance of this subsection have been or are to be served in respect of the expenses and the amount specified or to be specified in each of those notices;

and it shall be the duty of the authority, in determining what amounts to specify in notices to be served by the authority in pursuance of this subsection in respect of any expenses, to have regard to any matters which appear to the authority to indicate the cause of the obstruction and, so far as the authority are aware of the obligations, to any obligations to remove the obstruction which arose under agreements between persons on whom the notices are to be served.

• (4) A person on whom a notice is served in pursuance of the preceding subsection may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the notice on the ground that it would be reasonable for the whole or part of the sum specified in the notice to be paid by some other person who is an owner or occupier of premises served by the sewer in question.

• (5) On an appeal in pursuance of the preceding subsection against a notice the court shall either dismiss the appeal or order that the whole or part of the sum specified in the notice shall be paid to the authority which served the notice by—

• (a) a person, other than the appellant, who is an owner or occupier of premises served by the sewer in question; or

• (b) persons, other than the appellant, each of whom is such an owner or occupier, in such proportions as are specified in the order,

and that the sum specified in the notice shall be reduced accordingly; but the court shall not order any payment by a person other than the appellant unless that person has, not later than the beginning of the period of eight days ending with that on which the hearing of the appeal is begun, been made a respondent to the appeal in accordance with rules of court.

• (6) Where a local authority has served a notice on a person in pursuance of subsection (3) of this section, then—

• (a) if the person has not appealed against the notice in pursuance of subsection (4) of this section within the period specified in that subsection, the authority shall be entitled after the expiration of that period to recover from him the sum specified in the notice; and

• (b) if he has so appealed within that period and the court has not reduced to nil the sum specified in the notice, the authority shall be entitled after the determination of the appeal to recover from him the sum specified in the notice or, if the court has reduced that sum to a smaller sum, the smaller sum.

• (7) Expressions used in this section and in Part II of the Public Health Act 1936 have the same meanings in this section as in that Part; and sections 287 and 288 of that Act (which confer power to enter premises and penalise obstruction) shall have effect as if references to that Act included references to this section.

Power of local authorities to appoint times and charges for markets

36

• (1) Any provision of a local Act which confers power on a local authority to make byelaws appointing days on which or the hours during which markets or fairs are to be or may be held shall be construed as conferring on the authority a power to appoint such days or hours by resolution.

• (2) A local authority which maintains a market in pursuance of a local Act may, notwithstanding anything in any enactment relating to the market, make in connection with the market such charges as the authority determines from time to time.

Control of parking on areas used for loading or unloading goods vehicles

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of spare capacity of computers of local authorities

38

• (1) If a local authority—

• (a) has provided a computer for the purpose of enabling the authority to perform any of its functions other than functions under this section; and

• (b) considers that the computer can, without detriment to its use for that purpose, be used for the benefit of the authority in pursuance of the following provisions of this section,

the authority may enter into agreements with other persons for the provision by the authority of facilities for using the computer or of services provided by means of the computer.

• (2) An agreement in pursuance of this section may contain such terms as to payment or otherwise as the parties consider appropriate; and it shall be the duty of a local authority, in settling the terms of such an agreement, to ensure that they are terms on which the authority considers that a person other than a local authority could reasonably be expected to provide the facilities or services in question.

• (3) In this section “computer” means any device for storing and processing information.

Protection of members and officers etc of local authorities from personal liability

39

• (1) Section 265 of the Public Health Act 1875 (which relates to the protection from personal liability of members and officers of certain authorities) shall have effect . . . as if any reference to those authorities and the first reference to that Act included respectively a reference to a local authority and to any other public general Act and any local Act and as if the reference to the general purposes of that Act included a reference to the purposes of the other public general Act or the local Act in question.

• (2) A person who is appointed as a member of a committee of a local authority or a joint committee of two or more local authorities by virtue of subsection (3) or (4) of section 102 of the Local Government Act 1972 (which authorises among other things the appointment to such a committee of a person who is not a member of a relevant authority) shall, if he is not a member of the authority which appointed him, be treated as such a member for the purposes of the said section 265 as modified by the preceding subsection.

Local authorities not affected by trusts attaching to certain securities issued by them

40

• (1) Where a local authority maintains in pursuance of any enactment a register of persons entitled to instruments which have been issued as evidence of or as security for any loan made to the authority, the officer or other person who keeps the register on behalf of the authority (hereafter in this section referred to as “the registrar”) may if he thinks fit enter in the register as the description of a person so entitled a description specified by that person which may be a description of him as a trustee of a particular trust or a trustee without specifying a trust or any other description indicating the capacity in which he is entitled to such an instrument.

• (2) Where a person entitled to such an instrument holds an office or official position, the registrar may if he thinks fit, at the request of that person either before or after his name is entered in the register in connection with the instrument, enter in the register, instead of the person’s name, a description of him as the holder of the office or position; and where such a description is entered in the register any transfer of an instrument to which the description relates may be executed by, and any payment of interest or repayment of principal in connection with such an instrument may be made to, the holder for the time being of the office or position.

• (3) No notice of any trust shall be entered in the register or given to the registrar except as authorised by the preceding provisions of this section; and, notwithstanding anything in the terms of an entry in the register, neither the authority which maintains it nor the registrar shall be affected by notice of any trust relating to an instrument issued as aforesaid nor required to enquire about the propriety of anything done in connection with such an instrument.

• (4) References to a register in the preceding provisions of this section do not include a register maintained in pursuance of regulations made by virtue of paragraph 4 of Schedule 13 to the Local Government Act 1972 (which relates to certain mortgages, stocks and bonds).

Evidence of resolutions and minutes of proceedings etc.

41

• (1) A document which—

• (a) purports to be a copy of—

• (i) a resolution, order or report of a local authority or a precursor of a local authority, or

• (ii) the minutes of the proceedings at a meeting of a local authority or a precursor of a local authority; and

• (b) bears a certificate purporting to be signed by the proper officer of the authority or a person authorised in that behalf by him or the authority and stating that the resolution was passed or the order or report was made by the authority or precursor on a date specified in the certificate or, as the case may be, that the minutes were signed in accordance with paragraph 41 of Schedule 12 to the Local Government Act 1972 or the corresponding provision specified in the certificate of the enactments relating to local government which were in force when the minutes were signed,

shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the resolution, order, report or minutes in question.

• (2) In the preceding subsection references to a local authority, except the first and second references in paragraph (b), include references to a committee of a local authority and a sub-committee of such a committee and references to a precursor of a local authority include references to a committee of such a precursor and a sub-committee of such a committee.

• (2A) In the case of a local authority which are operating executive arrangements, a document which—

• (a) purports to be a copy of a record of any decision made by the executive of that authority, or a member of that executive or any person acting on behalf of that executive, where that record is required to be kept or produced by section 22 of the Local Government Act 2000 or any regulations made under that section ; and

• (b) bears a certificate purporting to be signed by the proper officer of the authority or by a person authorised in that behalf by him or any other person who, by virtue of regulations made under section 22 of the Local Government Act 2000, is authorised or required to produce such a record, stating that the decision was made on the date specified in the certificate by that executive, or as the case may be, by the member of that executive or by the person acting on behalf of that executive,

shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision in question.

• (2B) Subsection (2C) applies to a record if—

• (a) it records a decision made or action taken by a member of a local authority or of a precursor of a local authority in exercise of a function of the authority or precursor by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, and

• (b) it is required to be made by regulations under section 100EA of the Local Government Act 1972.

• (2C) If a document which purports to be a copy of a record to which this subsection applies bears a certificate—

• (a) purporting to be signed by—

• (i) the proper officer of the local authority, or

• (ii) a person authorised in that behalf by that officer or by the local authority, and

• (b) stating that the decision was made or the action was taken by the member of the local authority on the date specified in the certificate,

the document shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision, or nature of the action, in question.

• (3) A document which—

• (a) purports to be a copy of an instrument by which the proper officer of a local authority appointed a person to be an officer of the authority or authorised a person to perform functions specified in the instrument; and

• (b) bears a certificate purporting to be signed as mentioned in subsection (1)(b) of this section and stating that the document is a copy of the instrument in question,

shall be evidence in any proceedings of the fact that the instrument was made by the said proper officer and of the terms of the instrument.

• (4) In the preceding provisions of this section “precursor”, in relation to a local authority, means any authority which has ceased to exist but which when it existed was constituted, in pursuance of the enactments relating to local government which were then in force, for an area any part of which is included in the area of the local authority.

Certain future local Acts etc to be subject to the planning enactments etc except as otherwise provided

42

• (1) An Act or order to which this section applies shall have effect subject to—

• (a) the provisions of the enactments relating to town and country planning;

• (b) the provisions of the enactments relating to historic buildings and ancient monuments;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

• (d) Part II of the Food and Environment Protection Act 1985 (which relates to deposits in the sea).

except so far as the Act or order expressly provides otherwise.

• (2) This section applies to an Act or order which is—

• (a) a local Act passed after or in the same Session as this Act;

• (b) a provisional order confirmed by an Act so passed; or

• (c) an order which is made in the exercise of powers conferred by an Act and comes into force after the passing of this Act or in the same Session as this Act,

and which authorises the carrying out on land specified in the Act or order of works of a kind so specified.

Enforceability by joint planning boards etc of certain covenants

43

Supplemental

Interpretation etc of Part I

44

• (1) In this Part of this Act, except where the contrary intention appears—

• “apparatus” includes any structure constructed in order that apparatus may be lodged in it;

• “the Common Council” means the Common Council of the City of London;

• “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;

• “functions” includes powers and duties;

• “highway” has the same meaning as in the Highways Act 1980;

• “local Act” includes a provisional order confirmed by an Act;

• “local authority” means a county council, . . . a district council, a London borough council, the Common Council, the Council of the Isles of Scilly and—in sections 13 to 16, 29, 30, 38, 39 and 41 of this Act, a police and crime commissioner, the Mayor's Office for Policing and Crime ,. . . . . . . . . a joint authority established by Part IV of the Local Government Act 1985 an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ... and the London Fire Commissioner;in sections 1, 16, 19, 30, 36, 39 and 41 of this Act, a parish council and a community council.in section 40 of this Act, a joint authority established by Part IV of the Local Government Act 1985, an authority established under section 10 of that Act (waste regulation and disposal authorities), ..., an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act, a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, the London Fire Commissioner and the South Yorkshire Pensions Authority.

• “notice” means notice in writing;

• “owner”, in relation to any land, place or premises, means a person who, either on his own account or as agent or trustee for another person, is receiving the rackrent of the land, place or premises or would be entitled to receive it if the land, place or premises were let at a rackrent, and “owned” shall be construed accordingly;

• “statutory undertakers” means any of the following bodies, namely, any statutory undertakers within the meaning of the Highways Act 1980,. . ., . . . and, . . . a universal service provider in connection with the provision of a universal postal service. . .; and

• “traffic sign” has the same meaning as in the Road Traffic Regulation Act 1984.

• “universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011 ; and references to the provision of a universal postal service shall be construed in accordance with that Part .

• (1ZA) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Part; and references in this Part to his undertaking shall be construed accordingly.

• (1A) Sections 13, 15, 16, 29, 30, 32, 38, 39 and 41 of this Act shall have effect as if the Broads Authority were a local authority and the Broads (as defined in the Norfolk and Suffolk Broads Act 1988) were its local government area.

• (1B) Section 16 of this Act shall have effect as if the Environment Agency were a local authority.

• (1C) In relation to the Natural Resources Body for Wales, section 16 of this Act shall have effect—

• (a) as if that Body were a local authority; and

• (b) as if, in its application by virtue of paragraph (a), any reference to a function were a reference to the Body’s relevant transferred functions (within the meaning of article 11 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903)).

• (2) Section 322 of the Highways Act 1980 (which relates to the service of documents) shall apply to the service of any document by or on the Secretary of State in pursuance of section 7 of this Act as if that section were a provision of that Act.

• (3) When an offence under this Part of this Act (including an offence under byelaws made by virtue of section 12 of this Act) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members the preceding provisions of this subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

• (4) Except so far as this Part of this Act expressly provides otherwise and subject to the provisions of section 33 of the Interpretation Act 1889 (which relates to offences under two or more laws), nothing in this Part of this Act—

• (a) confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part of this Act or an instrument made in pursuance of this Part of this Act;

• (b) affects any restriction imposed by or under any other enactment, whether public, local or private; or

• (c) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part of this Act.

• (5) Nothing in paragraph (a) of the preceding subsection applies to the failure of a person to perform a duty imposed on him by section 1(4), 2(5), 25(6) or 7(b) of this Act or section 61(2)(c) of the Road Traffic Regulation Act 1984.

• (6) References in this Part of this Act to any enactment are references to it as amended by or under any other enactment.

Part II — Hackney carriages and private hire vehicles

Application of Part II

45

• (1) The provisions of this Part of this Act, except this section, shall come into force in accordance with the following provisions of this section.

• (2) If the Act of 1847 is in force in the area of a district council, the council may resolve that the provisions of this Part of this Act, other than this section, are to apply to the relevant area; and if the council do so resolve those provisions shall come into force in the relevant area on the day specified in that behalf in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).

In this subsection “the relevant area”, in relation to a council, means—

• (a) if the Act of 1847 is in force throughout the area of the council, that area; and

• (b) if the Act of 1847 is in force for part only of the area of the council, that part of that area.

• (3) A council shall not pass a resolution in pursuance of the foregoing subsection unless they have—

• (a) published in two consecutive weeks, in a local newspaper circulating in their area, notice of their intention to pass the resolution; and

• (b) served a copy of the notice, not later than the date on which it is first published in pursuance of the foregoing paragraph, on the council of each parish or community which would be affected by the resolution or, in the case of such a parish which has no parish council, on the chairman of the parish meeting.

• (4) If after a council has passed a resolution in pursuance of subsection (2) of this section the Act of 1847 comes into force for any part of the area of the council for which it was not in force when the council passed the resolution, the council may pass a resolution in accordance with the foregoing provisions of this section in respect of that part as if that part were included in the relevant area for the purposes of subsection (2) of this section.

Vehicle, drivers' and operators' licences

46

• (1) Except as authorised by this Part of this Act—

• (a) no person being the proprietor of any vehicle, not being a hackney carriage or London cab in respect of which a vehicle licence is in force, shall use or permit the same to be used in a controlled district as a private hire vehicle without having for such a vehicle a current licence under section 48 of this Act;

• (b) no person shall in a controlled district act as driver of any private hire vehicle without having a current licence under section 51 of this Act;

• (c) no person being the proprietor of a private hire vehicle licensed under this Part of this Act shall employ as the driver thereof for the purpose of any hiring any person who does not have a current licence under the said section 51;

• (d) no person shall in a controlled district operate any vehicle as a private hire vehicle without having a current licence under section 55 of this Act;

• (e) no person licensed under the said section 55 shall in a controlled district operate any vehicle as a private hire vehicle—

• (i) if for the vehicle a current licence under the said section 48 is not in force; or

• (ii) if the driver does not have a current licence under the said section 51.

• (2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence.

Licensing of hackney carriages

47

• (1) A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary.

• (2) Without prejudice to the generality of the foregoing subsection, a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a hackney carriage.

• (3) Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates’ court.

Licensing of private hire vehicles

48

• (1) Subject to the provisions of this Part of this Act, a district council may on the receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect thereof a vehicle licence:

• (a) that the vehicle is—

• (i) suitable in type, size and design for use as a private hire vehicle;

• (ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;

• (iii) in a suitable mechanical condition;

• (iv) safe; and

• (v) comfortable;

• (b) that there is in force in relation to the use of the vehicle a policy of insurance or such security as complies with the requirements of Part VI of the Road Traffic Act 1988,

and shall not refuse such a licence for the purpose of limiting the number of vehicles in respect of which such licences are granted by the council.

• (2) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary including, without prejudice to the generality of the foregoing provisions of this subsection, conditions requiring or prohibiting the display of signs on or from the vehicle to which the licence relates.

• (3) In every vehicle licence granted under this section there shall be specified—

• (a) the name and address of—

• (i) the applicant; and

• (ii) every other person who is a proprietor of the private hire vehicle in respect of which the licence is granted, or who is concerned, either solely or in partnership with any other person, in the keeping, employing or letting on hire of the private hire vehicle;

• (b) the number of the licence which shall correspond with the number to be painted or marked on the plate or disc to be exhibited on the private hire vehicle in accordance with subsection (6) of this section;

• (c) the conditions attached to the grant of the licence; and

• (d) such other particulars as the district council consider reasonably necessary.

• (4) Every licence granted under this section shall—

• (a) be signed by an authorised officer of the council which granted it;

• (b) relate to not more than one private hire vehicle; and

• (c) remain in force for such period not being longer than one year as the district council may specify in the licence.

• (5) Where a district council grant under this section a vehicle licence in respect of a private hire vehicle they shall issue a plate or disc identifying that vehicle as a private hire vehicle in respect of which a vehicle licence has been granted.

• (6)

• (a) Subject to the provisions of this Part of this Act, no person shall use or permit to be used in a controlled district as a private hire vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.

• (b) If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence.

• (7) Any person aggrieved by the refusal of a district council to grant a vehicle licence under this section, or by any conditions specified in such a licence, may appeal to a magistrates’ court.

Transfer of hackney carriages and private hire vehicles

49

• (1) If the proprietor of a hackney carriage or of a private hire vehicle in respect of which a vehicle licence has been granted by a district council transfers his interest in the hackney carriage or private hire vehicle to a person other than the proprietor whose name is specified in the licence, he shall within fourteen days after such transfer give notice in writing thereof to the district council specifying the name and address of the person to whom the hackney carriage or private hire vehicle has been transferred.

• (2) If a proprietor without reasonable excuse fails to give notice to a district council as provided by subsection (1) of this section he shall be guilty of an offence.

Provisions as to proprietors

50

• (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place within the area of the council as they may by notice reasonably require:

• (2) The proprietor of any hackney carriage or private hire vehicle—

• (a) licensed by a district council under the Act of 1847 or under this Part of this Act; or

• (b) in respect of which an application for a licence has been made to a district council under the Act of 1847 or under this Part of this Act;

shall, within such period as the district council may by notice reasonably require, state in writing the address of every place where such hackney carriage or private hire vehicle is kept when not in use, and shall if the district council so require afford to them such facilities as may be reasonably necessary to enable them to cause such hackney carriage or private hire vehicle to be inspected and tested there.

• (3) Without prejudice to the provisions of section 170 of the Road Traffic Act 1988, the proprietor of a hackney carriage or of a private hire vehicle licensed by a district council shall report to them as soon as reasonably practicable, and in any case within seventy-two hours of the occurrence thereof, any accident to such hackney carriage or private hire vehicle causing damage materially affecting the safety, performance or appearance of the hackney carriage or private hire vehicle or the comfort or convenience of persons carried therein.

• (4) The proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall at the request of any authorised officer of the council produce for inspection the vehicle licence for such hackney carriage or private hire vehicle and the certificate of the policy of insurance or security required by Part VI of the Road Traffic Act 1988in respect of such hackney carriage or private hire vehicle.

• (5) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

Licensing of drivers of private hire vehicles

51

• (1) Subject to the provisions of this Part of this Act, a district council shall, on the receipt of an application from any person for the grant to that person of a licence to drive private hire vehicles, grant to that person a driver’s licence:

Provided that a district council shall not grant a licence—

• (a) unless they are satisfied —

• (i) that the applicant is a fit and proper person to hold a driver’s licence; and

• (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a private hire vehicle; or

• (b) to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver’s licence so authorised.

• (1ZA) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1) For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—

• (a) he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or

• (b) he is authorised by virtue of section 99A(1) or section 109(1) of that Act to drive in Great Britain a motor car.

• (2) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary.

• (3) It shall be the duty of a council by which licences are granted in pursuance of this section to enter, in a register maintained by the council for the purpose, the following particulars of each such licence, namely—

• (a) the name of the person to whom it is granted;

• (b) the date on which and the period for which it is granted; and

• (c) if the licence has a serial number, that number,

and to keep the register available at its principal offices for inspection by members of the public during office hours free of charge.

Appeals in respect of drivers' licences

52

Any person aggrieved by—

• (1) the refusal of the district council to grant a driver’s licence under section 51 of this Act; or

• (2) any conditions attached to the grant of a driver’s licence;

may appeal to a magistrates’ court.

Drivers' licences for hackney carriages and private hire vehicles

53

• (1)

• (a) Subject to section 53A, every licence granted by a district council under the provisions of this Part of this Act to any person to drive a private hire vehicle shall remain in force for three years from the date of such licence or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case .

• (b) Notwithstanding the provisions of the Public Health Act 1875 and the Town Police Clauses Act 1889, but subject to section 53A, every licence granted by a district council under the provisions of the Act of 1847 to any person to drive a hackney carriage shall remain in force for three years from the date of such licence or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case .

• (2) Notwithstanding the provisions of the Act of 1847, a district council may demand and recover for the grant to any person of a licence to drive a hackney carriage, or a private hire vehicle, as the case may be, such a fee as they consider reasonable with a view to recovering the costs of issue and administration and may remit the whole or part of the fee in respect of a private hire vehicle in any case in which they think it appropriate to do so.

• (3) The driver of any hackney carriage or of any private hire vehicle licensed by a district council shall at the request of any authorised officer of the council or of any constable produce for inspection his driver’s licence either forthwith or—

• (a) in the case of a request by an authorised officer, at the principal offices of the council before the expiration of the period of five days beginning with the day following that on which the request is made;

• (b) in the case of a request by a constable, before the expiration of the period aforesaid at any police station which is within the area of the council and is nominated by the driver when the request is made.

• (4) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

Issue of drivers' badges

54

• (1) When granting a driver’s licence under section 51 of this Act a district council shall issue a driver’s badge in such a form as may from time to time be prescribed by them.

• (2)

• (a) A driver shall at all times when acting in accordance with the driver’s licence granted to him wear such badge in such position and manner as to be plainly and distinctly visible.

• (b) If any person without reasonable excuse contravenes the provisions of this subsection, he shall be guilty of an offence.

Licensing of operators of private hire vehicles

55

• (1) Subject to the provisions of this Part of this Act, a district council shall, on receipt of an application from any person for the grant to that person of a licence to operate private hire vehicles grant to that person an operator’s licence:

Provided that a district council shall not grant a licence unless they are satisfied —

• (a) that the applicant is a fit and proper person to hold an operator’s licence; and

• (b) if the applicant is an individual, that the applicant is not disqualified by reason of the applicant's immigration status from operating a private hire vehicle.

• (1A) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from operating a private hire vehicle, a district council must have regard to any guidance issued by the Secretary of State.

• (2) Subject to section 55ZA, every licence granted under this section shall remain in force for five years or for such lesser period, specified in the licence, as the district council think appropriate in the circumstances of the case.

• (3) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary.

• (4) Any applicant aggrieved by the refusal of a district council to grant an operator’s licence under this section, or by any conditions attached to the grant of such a licence, may appeal to a magistrates’ court.

Operators of private hire vehicles

56

• (1) For the purposes of this Part of this Act every contract for the hire of a private hire vehicle licensed under this Part of this Act shall be deemed to be made with the operator who accepted the booking for that vehicle whether or not he himself provided the vehicle.

• (2) Every person to whom a licence in force under section 55 of this Act has been granted by a district council shall keep a record in such form as the council may, by condition attached to the grant of the licence, prescribe and shall enter therein, before the commencement of each journey, such particulars of every booking of a private hire vehicle invited or accepted by him, whether by accepting the same from the hirer or by undertaking it at the request of another operator, as the district council may by condition prescribe and shall produce such record on request to any authorised officer of the council or to any constable for inspection.

• (3) Every person to whom a licence in force under section 55 of this Act has been granted by a district council shall keep such records as the council may, by conditions attached to the grant of the licence, prescribe of the particulars of any private hire vehicle operated by him and shall produce the same on request to any authorised officer of the council or to any constable for inspection.

• (4) A person to whom a licence in force under section 55 of this Act has been granted by a district council shall produce the licence on request to any authorised officer of the council or any constable for inspection.

• (5) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

Power to require applicants to submit information

57

• (1) A district council may require any applicant for a licence under the Act of 1847 or under this Part of this Act to submit to them such information as they may reasonably consider necessary to enable them to determine whether the licence should be granted and whether conditions should be attached to any such licence.

• (2) Without prejudice to the generality of the foregoing subsection—

• (a) a district council may require an applicant for a driver’s licence in respect of a hackney carriage or a private hire vehicle—

• (i) to produce a certificate signed by a registered medical practitioner to the effect that he is physically fit to be the driver of a hackney carriage or a private hire vehicle; and

• (ii) whether or not such a certificate has been produced, to submit to examination by a registered medical practitioner selected by the district council as to his physical fitness to be the driver of a hackney carriage or a private hire vehicle;

• (b) a district council may require an applicant for an operator’s licence to submit to them such information as to—

• (i) the name and address of the applicant;

• (ii) the address or addresses whether within the area of the council or not from which he intends to carry on business in connection with private hire vehicles licensed under this Part of this Act;

• (iii) any trade or business activities he has carried on before making the application;

• (iv) any previous application he has made for an operator’s licence;

• (v) the revocation or suspension of any operator’s licence previously held by him;

• (vi) any convictions recorded against the applicant;

as they may reasonably consider necessary to enable them to determine whether to grant such licence;

• (c) in addition to the information specified in paragraph (b) of this subsection, a district council may require an applicant for an operator’s licence to submit to them—

• (i) if the applicant is or has been a director or secretary of a company, information as to any convictions recorded against that company at any relevant time; any trade or business activities carried on by that company; any previous application made by that company for an operator’s licence; and any revocation or suspension of an operator’s licence previously held by that company;

• (ii) if the applicant is a company, information as to any convictions recorded against a director or secretary of that company; any trade or business activities carried on by any such director or secretary; any previous application made by any such director or secretary for an operator’s licence; and any revocation or suspension of an operator’s licence previously held by such director or secretary;

• (iii) if the applicant proposes to operate the vehicle in partnership with any other person, information as to any convictions recorded against that person; any trade or business activities carried on by that person; any previous application made by that person for an operator’s licence; and any revocation or suspension of an operator’s licence previously held by him.

• (3) If any person knowingly or recklessly makes a false statement or omits any material particular in giving information under this section, he shall be guilty of an offence.

Return of identification plate or disc on revocation or expiry of licence etc.

58

• (1) On—

• (a) the revocation or expiry of a vehicle licence in relation to a hackney carriage or private hire vehicle; or

• (b) the suspension of a licence under section 68 of this Act;

a district council may by notice require the proprietor of that hackney carriage or private hire vehicle licensed by them to return to them within seven days after the service on him of that notice the plate or disc which—

• (a) in the case of a hackney carriage, is required to be affixed to the carriage as mentioned in section 38 of the Act of 1847; and

• (b) in the case of a private hire vehicle, was issued for the vehicle under section 48(5) of this Act.

• (2) If any proprietor fails without reasonable excuse to comply with the terms of a notice under subsection (1) of this section—

• (a) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and to a daily fine not exceeding ten pounds; and

• (b) any authorised officer of the council or constable shall be entitled to remove and retain the said plate or disc from the said hackney carriage or private hire vehicle.

Qualifications for drivers of hackney carriages

59

• (1) Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage—

• (a) unless they are satisfied —

• (i) that the applicant is a fit and proper person to hold a driver’s licence; and

• (ii) that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or

• (b) to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver’s licence so authorised.

• (1ZA) In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, a district council must have regard to any guidance issued by the Secretary of State.

• (1A) For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—

• (a) he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or

• (b) he is authorised by virtue of section 99A(1) or section 109(1)of that Act to drive in Great Britain a motor car.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Any applicant aggrieved by the refusal of a district council to grant a driver’s licence on the ground that he is not a fit and proper person to hold such licence may appeal to a magistrate’s court.

Suspension and revocation of vehicle licences

60

• (1) Notwithstanding anything in the Act of 1847 or in this Part of this Act, a district council may suspend or revoke, or (on application therefor under section 40 of the Act of 1847 or section 48 of this Act, as the case may be) refuse to renew a vehicle licence on any of the following grounds:—

• (a) that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage or private hire vehicle;

• (b) any offence under, or non-compliance with, the provisions of the Act of 1847 or of this Part of this Act by the operator or driver; or

• (c) any other reasonable cause.

• (2) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the proprietor of the vehicle notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew the licence within fourteen days of such suspension, revocation or refusal.

• (3) Any proprietor aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.

Suspension and revocation of drivers' licences

61

• (1) Notwithstanding anything in the Act of 1847 or in this Part of this Act, a district council may suspend or revoke or (on application therefor under section 46 of the Act of 1847 or section 51 of this Act, as the case may be) refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on any of the following grounds:—

• (a) that he has since the grant of the licence—

• (i) been convicted of an offence involving dishonesty, indecency or violence; or

• (ii) been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 or of this Part of this Act;

• (aa) that he has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;or

• (b) any other reasonable cause.

• (1A) Subsection (1)(aa) does not apply if—

• (a) in a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

• (b) in a case where the driver has been required to pay an immigration penalty—

• (i) more than three years have elapsed since the date on which the penalty was imposed, and

• (ii) the amount of the penalty has been paid in full.

• (2)

• (a) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the driver notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew such licence within fourteen days of such suspension, revocation or refusal and the driver shall on demand return to the district council the driver’s badge issued to him in accordance with section 54 of this Act.

• (b) If any person without reasonable excuse contravenes the provisions of this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

• (2ZA) The requirement in subsection (2)(a) to return a driver's badge does not apply in a case where section 62A applies (but see subsection (2) of that section).

• (2A) Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section.

• (2B) If it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2)(a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.

• (3) Any driver aggrieved by a decision of a district council under subsection (1) of this section may appeal to a magistrates’ court.

Suspension and revocation of operators' licences

62

• (1) Notwithstanding anything in this Part of this Act a district council may suspend or revoke, or (on application therefor under section 55 of this Act) refuse to renew an operator’s licence on any of the following grounds:—

• (a) any offence under, or non-compliance with, the provisions of this Part of this Act;

• (b) any conduct on the part of the operator which appears to the district council to render him unfit to hold an operator’s licence;

• (c) any material change since the licence was granted in any of the circumstances of the operator on the basis of which the licence was granted;

• (ca) that the operator has since the grant of the licence been convicted of an immigration offence or required to pay an immigration penalty;or

• (d) any other reasonable cause.

• (1A) Subsection (1)(ca) does not apply if—

• (a) in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

• (b) in a case where the operator has been required to pay an immigration penalty—

• (i) more than three years have elapsed since the date on which the penalty was imposed, and

• (ii) the amount of the penalty has been paid in full.

• (2) Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the operator notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew such licence within fourteen days of such suspension, revocation or refusal.

• (3) Any operator aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.

Stands for hackney carriages

63

• (1) For the purposes of their functions under the Act of 1847, a district council may from time to time appoint stands for hackney carriages for the whole or any part of a day in any highway in the district which is maintainable at the public expense and, with the consent of the owner, on any land in the district which does not form part of a highway so maintainable and may from time to time vary the number of hackney carriages permitted to be at each stand.

• (2) Before appointing any stand for hackney carriages or varying the number of hackney carriages to be at each stand in exercise of the powers of this section, a district council shall give notice to the chief officer of police for the police area in which the stand is situated and shall also give public notice of the proposal by advertisement in at least one local newspaper circulating in the district and shall take into consideration any objections or representations in respect of such proposal which may be made to them in writing within twenty-eight days of the first publication of such notice.

• (3) Nothing in this section shall empower a district council to appoint any such stand—

• (a) so as unreasonably to prevent access to any premises;

• (b) so as to impede the use of any points authorised to be used in connection with a local service within the meaning of the Transport Act 1985or PSV operator’s licence granted under the Public Passenger Vehicles Act 1981, as points for the taking up or setting down of passengers, or in such a position as to interfere unreasonably with access to any station or depot of any passenger road transport operators, except with the consent of those operators;

• (c) on any highway except with the consent of the highway authority;

and in deciding the position of stands a district council shall have regard to the position of any bus stops for the time being in use.

• (4) Any hackney carriage byelaws for fixing stands for hackney carriages which were made by a district council before the date when this section comes into force in the area of the council and are in force immediately before that date shall cease to have effect, but any stands fixed by such byelaws shall be deemed to have been appointed under this section.

• (5) The power to appoint stands for hackney carriages under subsection (1) of this section shall include power to revoke such appointment and to alter any stand so appointed and the expressions “appointing” and “appoint” in subsections (2) and (3) of this section shall be construed accordingly.

Prohibition of other vehicles on hackney carriage stands

64

• (1) No person shall cause or permit any vehicle other than a hackney carriage to wait on any stand for hackney carriages during any period for which that stand has been appointed, or is deemed to have been appointed, by a district council under the provisions of section 63 of this Act.

• (2) Notice of the prohibition in this section shall be indicated by such traffic signs as may be prescribed or authorised for the purpose by the Secretary of State in pursuance of his powers under section 64 of the Road Traffic Regulation Act 1984.

• (3) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

• (4) In any proceedings under this section against the driver of a public service vehicle it shall be a defence to show that, by reason of obstruction to traffic or for other compelling reason, he caused his vehicle to wait on a stand or part thereof and that he caused or permitted his vehicle so to wait only for so long as was reasonably necessary for the taking up or setting down of passengers.

Fixing of fares for hackney carriages

65

• (1) A district council may fix the rates or fares within the district as well for time as distance, and all other charges in connection with the hire of a vehicle or with the arrangements for the hire of a vehicle, to be paid in respect of the hire of hackney carriages by means of a table (hereafter in this section referred to as a “table of fares”) made or varied in accordance with the provisions of this section.

• (2)