Private Hire Vehicles (London) Act 1998

[^c952241]: 1976 c. 57.

[^c952242]: 1982 c. 45.

[^c952243]: S. 37(3) added (22.1.2001) by 1999 c. 29, s. 254(3), Sch. 21 para. 18 (with Sch. 12 para. 9(1)); S.I. 2000/3145, art. 2

[^c952244]: S. 38 repealed (7.11.2001) by 1999 c. 29, ss. 254(3), 423, Sch. 21 para. 19, Sch. 34 Pt. V (with Sch. 12 para. 9(1)); S.I. 2001/3603, art. 2

[^c952245]: S. 40(2) power partly exercised: different dates appointed for specified provisions by S.I. 2000/3144, arts. 2, 3

[^key-edea7b5d633300accdb95168e5089948]: S. 13 modified (1.4.2003) by Private Hire Vehicles (London) (Transitional and Saving Provisions) Regulations 2003 (S.I. 2003/655), regs. 1, 7

[^key-8b7b83fabc4854afc62e606a423d3b6a]: S. 14(1)(2)(4) in force at 1.4.2003 by S.I. 2003/580, arts. 1(2), 2(1)(c)

[^key-e005a67a5166b8ed44427f6988f568f8]: S. 22(3) in force at 1.4.2003 by S.I. 2003/580, arts. 1(2), 2(1)(c)

[^key-faa1f8af3e7772711e4cabe70e7307e2]: S. 13(1) (2)(a) (4)-(7) in force at 1.4.2003 by S.I. 2003/580, arts. 1(2), 2(1)(a)

[^key-5abc9a9a0917005cb50a81d341906891]: S. 13(2)(b) in force at 1.4.2003 for specified purposes by S.I. 2003/580, arts. 1(2), 2(1)(b)

[^key-2e99f97b999710d12e7d6a66c6c80d60]: S. 15(4) in force at 1.4.2003 by S.I. 2003/580, arts. 1(2), 2(1)(c)

[^key-52d079c58f1b6d83aa09971d6eae61a0]: S. 16(4) in force at 1.4.2003 by S.I. 2003/580, arts. 1(2), 2(1)(c)

[^key-d65b3d9356dcb1aa53b4f85bc2f33892]: S. 12(1)-(6) in force at 1.6.2003 by S.I. 2003/580, arts. 1(2), 2(2)(a)

[^key-6975d12017093b8bdc5fc08b40ca92f8]: S. 14(3)(5) in force at 1.6.2003 by S.I. 2003/580, arts. 1(2), 2(2)(a)

[^key-c0c107f6bcdac5779a13642ab1474905]: S. 31 in force at 1.6.2003 by S.I. 2003/580, arts. 1(2), 2(2)(a)

[^key-0885bbee04f98a6cbc2ead73a83d9183]: S. 39(2) in force at 1.6.2003 for specified purposes by S.I. 2003/580, arts. 1(2), 2(2)(b) and 8.6.2004 in so far as not already in force by S.I. 2004/241, art. 2(2)

[^key-0171732bb04e6441e2647f65aa1d122b]: Sch. 2 in force at 1.6.2003 for specified purposes by S.I. 2003/580, arts. 1(2), 2(2)(b)

[^key-d198b2202d9aa1114a12a6a27bb4c45a]: S. 23(2) applied (8.3.2004) by Private Hire Vehicles (London) (Transitional Provisions) Regulations 2004 (S.I. 2004/242), regs. 1, 3(8)

[^key-07259dedf49515aa5f22de3bb932494d]: S. 7 in force at 8.3.2004 for specified purposes and 8.4.2004 in so far as not already in force by S.I. 2004/241, art. 2(1)

[^key-51991b09faced6a1986b9b2ff0805a60]: S. 8 in force at 8.3.2004 for specified purposes and 8.4.2004 in so far as not already in force by S.I. 2004/241, art. 2(1)

[^key-435d2c7539106f32543a983c2c239969]: S. 9 in force at 8.3.2004 for specified purposes and 8.4.2004 in so far as not already in force by S.I. 2004/241, art. 2(1)

[^key-093615295951cdc3cb46b9a05162309c]: S. 10 in force at 8.3.2004 for specified purposes and 8.4.2004 in so far as not already in force by S.I. 2004/241, art. 2(1)

[^key-a6ec4a5beaaf32c27f3e98a08aef4fd6]: S. 11 in force at 8.3.2004 for specified purposes and 8.4.2004 in so far as not already in force by S.I. 2004/241, art. 2(1)

[^key-5000c1f5ae9b1313fb2942dc11c7a828]: S. 22(2) in force at 8.3.2004 for specified purposes and 8.4.2004 in so far as not already in force by S.I. 2004/241, art. 2(1)

[^key-057903cf585392ae9b9973ff4d886b4c]: S. 34(3) in force at 8.3.2004 for specified purposes and 8.4.2004 in so far as not already in force by S.I. 2004/241, art. 2(1)

[^key-8394037f6202a877ab32c8534d0ae836]: S. 35 in force at 8.3.2004 for specified purposes and 8.4.2004 in so far as not already in force by S.I. 2004/241, art. 2(1)

[^key-16f1a6f00d60459f1059b4a06ca2f950]: S. 4(2) in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-483ab49b5e2e42ba6d38059694184cb0]: S. 6 in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-9ad113b00e58dd6378c0b055bc857409]: S. 12(7) in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-7e5bb300b5c41d8d51eebb218afc21d9]: S. 16(3) in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-09566c41e3862ce61669d0b9ba437820]: S. 21(2) in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-e69b0ab2a892e3ba23f67e0f086e8e6f]: S. 22(7) in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-4265411fa43cc955e28df736d257e31f]: S. 30 in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-2ad3c74741b7019ef251f65b550497b3]: S. 39(1) in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-4c699538a52ed4f45a2bb6a282e23fc4]: Sch. 1 para. 1 in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-35c680e076f02106132d13e52a68443c]: Sch. 1 para. 2 in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-f69148c00e5a644b7f5c81792cb4c3de]: Sch. 1 para. 3 in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-540f4037589eae572109684d86d2a67f]: Sch. 1 para. 4 in force at 8.6.2004 by S.I. 2004/241, art. 2(2)

[^key-5c103f1c43869d5380f29b3cdb1084fc]: Sch. 2 in force at 8.6.2004 in so far as not already in force by S.I. 2004/241, art. 2(2)

[^key-74ddbf18b3592042ce2a37a265ef326c]: Words in s. 25(2) substituted (1.4.2005) by Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 54

[^key-d7f7dd1ab5644fff08828f43c4044f5f]: S. 13(2)(b) in force at 1.4.2006 in so far as not already in force in relation to applications for London PHV drivers' licences received by Transport for London on or after 1.4.2006 by S.I. 2003/580, arts. 1(2), 2(3)

[^key-8195319fe62f7d4f64f819aa6cea6c3f]: S. 13(3) in force at 1.4.2006 in relation to applications for London PHV drivers' licences received by Transport for London on or after 1.4.2006 by S.I. 2003/580, arts. 1(2), 2(3)

[^key-e9fd2ed6539bb8cde3695e64bbc39aba]: Words in s. 1(1)(a) repealed (31.3.2008 for E.W.) by Road Safety Act 2006 (c. 49), ss. 54, 61(1), (10), Sch. 7(17); S.I. 2007/3492, art. 3

[^key-41ae3bf137aeadc1983be03247fa41a4]: Word in s. 14(3) inserted (coming into force in accordance with ss. 1(2), 3 of the amendin-g Act) by Transport for London Act 2008 (c. i), s. 23(1)

[^key-82bbf634cc40f8277f897a0303834352]: S. 14(3)(b) and word inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 23(1)

[^key-b19c2d21f003e3a44c74f1a6b84c11f3]: Words in s. 14(4) substituted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 23(2)

[^key-8acb2657ac423517b5c09307f897a4c6]: S. 22(1A) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(3)

[^key-d1ccf4d53ccec9070f1818a6592d2cc5]: S. 22(2A) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(5)

[^key-7031660e30b2c4386b0961a798dfe8d4]: S. 22(3A) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(7)

[^key-2cfe18a8eaa975bd345a8272cb275d6f]: Words in s. 22(1) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(2)

[^key-b25a38d38c59b39c34e6507d09b105f6]: Words in s. 22(2) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(4)(a)

[^key-ec4f094bd54343f0536353201b1dfa9d]: Words in s. 22(2) substituted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(4)(b)

[^key-e1cf8f7dc1cb1535d5f428950294986f]: Words in s. 22(2) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(4)(c)

[^key-26289f790d457b7b1477d7b111e54863]: Words in s. 22(3) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(6)

[^key-665fd4c461ff86db88cfa7117482b6e8]: Words in s. 22(4) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(8)(a)

[^key-2da728f67d61caf04d267e9b8e822a9e]: Words in s. 22(4)(a) substituted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(8)(b)

[^key-4e2f425691d5faf39398a472084248b1]: Words in s. 22(4)(a) inserted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(8)(b)

[^key-2b683f2ba2055343eca3fddb11df4d69]: Words in s. 22(7) substituted (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 24(9)

[^key-922ae3183b450ac3ad9c89dbd2485365]: S. 23(3)(4) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 26(4)

[^key-659fd4bcc2b0e782de9efabe6039383b]: Words in s. 23(2) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 26(3)

[^key-dc25ba2cf76be4a31e79104e3d97f84f]: Words in s. 23(1)(a) repealed (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 26(2)

[^key-1ea8a20eaa8e3cd935aabd0b58182f7d]: S. 4(3)(d)(da) substituted for s. 4(3)(d) (coming into force in accordance with ss. 1(2), 3 of the amending Act) by Transport for London Act 2008 (c. i), s. 25

[^key-d1f142699538e433d2f8fa8be2680678]: Word in s. 1(1)(a) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 35(a); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-47889be2241f911f81c3b92cf6f48a08]: S. 1(1)(c) and word inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 35(b); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-0a48a657b8940e694dcb204c5fea2242]: S. 3(3A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 36(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-bb1439405e93fbf2f0bc6e34c2109cad]: Words in s. 3(5) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 36(4) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-657e26ebf18d85ed3e61961f30573766]: S. 3(3)(aa) substituted for word (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 36(2) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-334cee9eb0534f5b6bcc904b24efc35e]: S. 13(2A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 38(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-8777fbbd5080325d66aa9a0b58a5eb3a]: Words in s. 13(5)(c) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 38(4) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-a6e06e597fffe9e8044f870ccfd5fdb8]: S. 13(2)(aa) substituted for word (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 38(2) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-14ad1de0c3c3e62ce31b4ab6243d6186]: S. 16(2A) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 40(3) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-24651ba8065fc8a373dbf0ef0ef78a12]: S. 16(5) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 40(5) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-b5acfebac5c2fb3e2928072aac501bd0]: S. 16(4)(aa) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 40(4) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-d31d402b4eeb873a3cf29ccf4911dfa6]: S. 16(2)(aa) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 40(2) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-23929ddaeb731dc9847fda4129c00957]: S. 25(8) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 41; S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-d56dbd3ae0b67e7687a0b68aab7de540]: S. 32(2A)(2B) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 42(3); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-afc455b9f74e366e01afc3b96ec0296a]: Words in s. 32(1) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 42(2); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-06c8528ab8cbd0246ecb3eb2e8d213bf]: Words in s. 32(4) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 42(4); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-4456c02f6f44efdbfefd11f8e77da138]: Words in s. 36 inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 44; S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-7098045764586af4042225d05ec2dbd1]: S. 3A inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 37 (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-8a92f6d20d1bd3449cb9b5b287085db7]: S. 13A inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 39 (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-037ed8907577c5f6043f1ddcae2482a1]: Ss. 35A, 35B inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 43; S.I. 2016/1037, reg. 5(i) (with reg. 6)

[^key-95b903db5922a9720899d8cde249f5cc]: Words in s. 36 substituted (25.6.2024) by Pedicabs (London) Act 2024 (c. 7), ss. 5(a), 9

[^key-0e2d5a89c3a82d944beef19f9ae8c4c4]: Words in s. 36 inserted (25.6.2024) by Pedicabs (London) Act 2024 (c. 7), ss. 5(b), 9

3A

• (1) Subsection (2) applies if—

• (a) a London PHV operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);

• (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and

• (c) apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.

• (2) The licence must be granted for a period which ends at or before the end of the leave period.

• (3) Subsection (4) applies if—

• (a) a London PHV operator's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; and

• (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

• (4) The licence must be granted for a period which does not exceed six months.

• (5) A London PHV operator's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from operating a private hire vehicle.

• (6) If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return it to the licensing authority.

• (7) A person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and liable on summary conviction—

• (a) to a fine not exceeding level 3 on the standard scale; and

• (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

• (8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).

13A

• (1) Subsection (2) applies if—

• (a) a London PHV driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period (“the leave period”);

• (b) the person's leave has not been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision); and

• (c) apart from subsection (2), the period for which the licence would have been granted would have ended after the end of the leave period.

• (2) The licence must be granted for a period which ends at or before the end of the leave period.

• (3) Subsection (4) applies if—

• (a) a London PHV driver's licence is to be granted to a person who has been granted leave to enter or remain in the United Kingdom for a limited period; and

• (b) the person's leave has been extended by virtue of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision).

• (4) The licence must be granted for a period which does not exceed six months.

• (5) A London PHV driver's licence ceases to be in force if the person to whom it was granted becomes disqualified by reason of the person's immigration status from driving a private hire vehicle.

• (6) If subsection (5) applies to a licence, the person to whom it was granted must, within the period of 7 days beginning with the day after the day on which the person first became disqualified, return the licence and the person's driver's badge to the licensing authority.

• (7) A person who, without reasonable excuse, contravenes subsection (6) is guilty of an offence and liable on summary conviction—

• (a) to a fine not exceeding level 3 on the standard scale; and

• (b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

• (8) The Secretary of State may by regulations amend the amount for the time being specified in subsection (7)(b).

35A

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

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

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

• (i) is invalid;

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

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

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

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

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

• (3) For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

• (4) For the purposes of this section a person carries on a licensable activity if the person—

• (a) operates a private hire vehicle; or

• (b) drives a private hire vehicle.

35B

• (1) In this Act “immigration offence” means—

• (a) an offence under any of the Immigration Acts;

• (b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence within paragraph (a); or

• (c) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence within paragraph (a).

• (2) In this Act “immigration penalty” means a penalty under—

• (a) section 15 of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), or

• (b) section 23 of the Immigration Act 2014 (“the 2014 Act”).

• (3) For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

• (a) the person is excused payment by virtue of section 15(3) of that Act; or

• (b) the penalty is cancelled by virtue of section 16 or 17 of that Act.

• (4) For the purposes of this Act a person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

• (a) the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period; and

• (b) if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

• (5) For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

• (a) the person is excused payment by virtue of section 24 of that Act; or

• (b) the penalty is cancelled by virtue of section 29 or 30 of that Act.

• (6) For the purposes of this Act a person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

• (a) the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period; and

• (b) if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.