LegalizeReform history
Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022
3 versions
· 2022-03-31
2023-04-27
Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022
Changes on 2023-04-27
@@ -30,7 +30,7 @@
- (ii) road safety.
- (2) A reference in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/1/1/2022-05-31) to an offence includes a reference to the following offences—
- (2) A reference in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/1/1/2023-04-27) to an offence includes a reference to the following offences—
- (a) attempt to commit the offence;
@@ -42,7 +42,7 @@
- (e) an offence under Part 2 of the Serious Crimes Act 2007 in relation to the offence.
- (3) A reference in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/1/1/2022-05-31) to an offence (including a reference having effect by virtue of [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/1/2/2022-05-31)) includes a reference to conduct that would have constituted the offence if it had been done in England and Wales.
- (3) A reference in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/1/1/2023-04-27) to an offence (including a reference having effect by virtue of [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/1/2/2023-04-27)) includes a reference to conduct that would have constituted the offence if it had been done in England and Wales.
- (4) In this section, “*sexual offence*” means—
@@ -78,7 +78,7 @@
- (2) The licensing authority must—
- (a) make an entry recording the decision, and the information listed in [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/4/2022-05-31), in the licensing information database,
- (a) make an entry recording the decision, and the information listed in [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/4/2023-04-27), in the licensing information database,
- (b) ensure (whether by amending, removing or reinstating it) that the entry is kept up-to-date so as to reflect any subsequent change made to the decision—
@@ -90,9 +90,9 @@
during the period of 11 years beginning with the day on which the entry is first made, and
- (c) keep a record of the relevant information and the decision until the end of the period referred to in [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/b/2022-05-31).
- (3) The reference in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/2022-05-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/b/2022-05-31) to a subsequent change made to the decision includes a reference to a subsequent decision by the authority to grant a driver’s licence to the person.
- (c) keep a record of the relevant information and the decision until the end of the period referred to in [paragraph (b)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/b/2023-04-27).
- (3) The reference in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/2023-04-27)[(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/b/2023-04-27) to a subsequent change made to the decision includes a reference to a subsequent decision by the authority to grant a driver’s licence to the person.
- (4) The information is—
@@ -116,9 +116,9 @@
- (5) The licensing authority must—
- (a) comply with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/2022-05-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/a/2022-05-31) within the period of 5 working days beginning with the day on which the licensing authority notifies the person of its decision, and
- (b) comply with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/2022-05-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/b/2022-05-31) as soon as practicable after becoming aware of the change in question.
- (a) comply with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/2023-04-27)[(a)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/a/2023-04-27) within the period of 5 working days beginning with the day on which the licensing authority notifies the person of its decision, and
- (b) comply with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/2023-04-27)[(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/b/2023-04-27) as soon as practicable after becoming aware of the change in question.
- (6) Regulations under this section may make different provision for different purposes.
@@ -138,9 +138,9 @@
- (b) the recording authority must provide the information within the period of 20 working days beginning with the day on which it receives the request.
- (3) The decision-making authority must have regard to the information when making the decision referred to in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/1/2022-05-31).
- (4) Where, after complying with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/2/2022-05-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/2/b/2022-05-31), the recording authority makes a change to the entry in order to comply with [section 2](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2022-05-31)[(2)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/2022-05-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/b/2022-05-31) (duty to keep entry up-to-date)—
- (3) The decision-making authority must have regard to the information when making the decision referred to in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/1/2023-04-27).
- (4) Where, after complying with [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/2/2023-04-27)[(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/2/b/2023-04-27), the recording authority makes a change to the entry in order to comply with [section 2](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2023-04-27)[(2)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/2023-04-27)[(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2/b/2023-04-27) (duty to keep entry up-to-date)—
- (a) the recording authority must inform the decision-making authority of—
@@ -148,7 +148,7 @@
- (ii) the reason for the change, and
- (b) the decision-making authority must have regard to the information received under [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/4/a/2022-05-31) when making the decision referred to in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/1/2022-05-31) (if the decision still falls to be made).
- (b) the decision-making authority must have regard to the information received under [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/4/a/2023-04-27) when making the decision referred to in [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/3/1/2023-04-27) (if the decision still falls to be made).
#### The database
@@ -160,7 +160,7 @@
- (b) where no such person is designated, by, or on behalf of, the Secretary of State.
- (2) A designation under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/1/2022-05-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/1/a/2022-05-31)—
- (2) A designation under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/1/2023-04-27)[(a)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/1/a/2023-04-27)—
- (a) may contain conditions to which it is subject, and
@@ -168,9 +168,9 @@
- (3) The person operating the database must ensure that—
- (a) every licensing authority, relevant authority and the Department for Infrastructure in Northern Ireland are, subject to [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/4/2022-05-31), able to search the database, make entries in it and amend, remove and reinstate entries that it has made,
- (b) every entry made in the database in accordance with [section 2](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2022-05-31) is removed from the database at the end of the period of 11 years beginning with the day on which it is first made, and
- (a) every licensing authority, relevant authority and the Department for Infrastructure in Northern Ireland are, subject to [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/4/2023-04-27), able to search the database, make entries in it and amend, remove and reinstate entries that it has made,
- (b) every entry made in the database in accordance with [section 2](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2023-04-27) is removed from the database at the end of the period of 11 years beginning with the day on which it is first made, and
- (c) the information contained in the database is disclosed only for the purposes of ensuring—
@@ -178,11 +178,11 @@
- (ii) road safety.
- (4) The person operating the database may charge a fee to a person specified in [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/3/2022-05-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/3/a/2022-05-31) in respect of the costs of the database.
- (5) A fee under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/4/2022-05-31) may in particular be a periodic fee calculated in such manner as the person operating the database considers appropriate.
- (6) But a person designated under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/1/2022-05-31)[(a)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/1/a/2022-05-31) may only charge fees under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/4/2022-05-31) if the Secretary of State has agreed the level of the fees to be charged.
- (4) The person operating the database may charge a fee to a person specified in [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/3/2023-04-27)[(a)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/3/a/2023-04-27) in respect of the costs of the database.
- (5) A fee under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/4/2023-04-27) may in particular be a periodic fee calculated in such manner as the person operating the database considers appropriate.
- (6) But a person designated under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/1/2023-04-27)[(a)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/1/a/2023-04-27) may only charge fees under [subsection (4)](https://www.legislation.gov.uk/ukpga/2022/14/section/4/4/2023-04-27) if the Secretary of State has agreed the level of the fees to be charged.
### Concerns about drivers licensed in other areas
@@ -218,7 +218,7 @@
- (1) This section applies where an English licensing authority (“*authority A*”)—
- (a) receives information from another licensing authority (“*authority B*”) under [section 5](https://www.legislation.gov.uk/ukpga/2022/14/section/5/2022-05-31) relating to a person who has driven in authority B’s area in reliance on a driver’s licence granted by authority A, or
- (a) receives information from another licensing authority (“*authority B*”) under [section 5](https://www.legislation.gov.uk/ukpga/2022/14/section/5/2023-04-27) relating to a person who has driven in authority B’s area in reliance on a driver’s licence granted by authority A, or
- (b) receives information of a similar nature from a relevant authority (“*authority C*”) relating to a person who has driven in authority C’s area in reliance on a driver’s licence granted by authority A.
@@ -244,11 +244,11 @@
- (1) The Secretary of State may issue guidance to licensing authorities in connection with their functions under this Act.
- (2) The Secretary of State may revise guidance issued under [this section](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2022-05-31).
- (3) The Secretary of State must arrange for guidance under [this section](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2022-05-31), and any revision of it, to be published.
- (4) A licensing authority must have regard to guidance issued under [this section](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2022-05-31).
- (2) The Secretary of State may revise guidance issued under [this section](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2023-04-27).
- (3) The Secretary of State must arrange for guidance under [this section](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2023-04-27), and any revision of it, to be published.
- (4) A licensing authority must have regard to guidance issued under [this section](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2023-04-27).
### Final provisions
@@ -262,11 +262,11 @@
- “*licensing authority*”, except in the definition of “relevant authority”, means a public authority in England which has licensing functions under— sections 37 to 68 of the Town Police Clauses Act 1847; the Metropolitan Public Carriage Act 1869; the Plymouth City Council Act 1975; Part 2 of the Local Government (Miscellaneous Provisions) Act 1976; section 13 of the Private Hire Vehicles (London) Act 1998;
- “*licensing information database*” has the meaning given by [section 4](https://www.legislation.gov.uk/ukpga/2022/14/section/4/2022-05-31);
- “*licensing information database*” has the meaning given by [section 4](https://www.legislation.gov.uk/ukpga/2022/14/section/4/2023-04-27);
- “*relevant authority*” means— a district council in Wales; a licensing authority within the meaning of section 2 of the Civic Government (Scotland) Act 1982;
- “*relevant information*” in relation to a person, has the meaning given by [section 1](https://www.legislation.gov.uk/ukpga/2022/14/section/1/2022-05-31);
- “*relevant information*” in relation to a person, has the meaning given by [section 1](https://www.legislation.gov.uk/ukpga/2022/14/section/1/2023-04-27);
- “*working day*” means any day other than— Saturday or Sunday; Christmas Day or Good Friday; a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971.
@@ -286,23 +286,23 @@
- (2) The following come into force on the day on which this Act is passed—
- (a) [section 1](https://www.legislation.gov.uk/ukpga/2022/14/section/1/2022-05-31),
- (b) the power of the Secretary of State to make regulations under [section 2](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2022-05-31),
- (c) the powers of the Secretary of State to issue, revise and arrange for the publication of guidance under [section 7](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2022-05-31)[(1)](https://www.legislation.gov.uk/ukpga/2022/14/section/7/1/2022-05-31) to [(3)](https://www.legislation.gov.uk/ukpga/2022/14/section/7/3/2022-05-31),
- (d) [section 8](https://www.legislation.gov.uk/ukpga/2022/14/section/8/2022-05-31), and
- (e) [this section](https://www.legislation.gov.uk/ukpga/2022/14/section/9/2022-05-31).
- (a) [section 1](https://www.legislation.gov.uk/ukpga/2022/14/section/1/2023-04-27),
- (b) the power of the Secretary of State to make regulations under [section 2](https://www.legislation.gov.uk/ukpga/2022/14/section/2/2023-04-27),
- (c) the powers of the Secretary of State to issue, revise and arrange for the publication of guidance under [section 7](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2023-04-27)[(1)](https://www.legislation.gov.uk/ukpga/2022/14/section/7/1/2023-04-27) to [(3)](https://www.legislation.gov.uk/ukpga/2022/14/section/7/3/2023-04-27),
- (d) [section 8](https://www.legislation.gov.uk/ukpga/2022/14/section/8/2023-04-27), and
- (e) [this section](https://www.legislation.gov.uk/ukpga/2022/14/section/9/2023-04-27).
- (3) The following come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
- (a) the powers of the Secretary of State to make, vary and withdraw a designation under [section 4](https://www.legislation.gov.uk/ukpga/2022/14/section/4/2022-05-31),
- (b) [sections 5](https://www.legislation.gov.uk/ukpga/2022/14/section/5/2022-05-31) and [6](https://www.legislation.gov.uk/ukpga/2022/14/section/6/2022-05-31), and
- (c) [section 7](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2022-05-31) (so far as not already in force under [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/9/2/2022-05-31)).
- (a) the powers of the Secretary of State to make, vary and withdraw a designation under [section 4](https://www.legislation.gov.uk/ukpga/2022/14/section/4/2023-04-27),
- (b) [sections 5](https://www.legislation.gov.uk/ukpga/2022/14/section/5/2023-04-27) and [6](https://www.legislation.gov.uk/ukpga/2022/14/section/6/2023-04-27), and
- (c) [section 7](https://www.legislation.gov.uk/ukpga/2022/14/section/7/2023-04-27) (so far as not already in force under [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/14/section/9/2/2023-04-27)).
- (4) The remaining provisions of this Act come into force on such day or days as the Secretary of State may by regulations made by statutory instrument appoint.
@@ -353,3 +353,9 @@
[^key-5fd3f4e8a7d8527bf1b4a423056594c4]: [S. 6](https://www.legislation.gov.uk/ukpga/2022/14/section/6) in force at 31.5.2022, see [s. 9(3)(b)](https://www.legislation.gov.uk/ukpga/2022/14/section/9/3/b)
[^key-6149b10e2963374d970807ab6187f4ab]: [S. 7](https://www.legislation.gov.uk/ukpga/2022/14/section/7) in force at 31.5.2022 in so far as not already in force, see [s. 9(3)(c)](https://www.legislation.gov.uk/ukpga/2022/14/section/9/3/c)
[^key-ac4cfde6b3d0237741f49370b9d76b16]: [S. 2](https://www.legislation.gov.uk/ukpga/2022/14/section/2) in force at 27.4.2023 in so far as not already in force by [S.I. 2023/460](https://www.legislation.gov.uk/uksi/2023/460), [reg. 2](https://www.legislation.gov.uk/uksi/2023/460/regulation/2)
[^key-fef9716dc81bc0833fe580b409d983cf]: [S. 3](https://www.legislation.gov.uk/ukpga/2022/14/section/3) in force at 27.4.2023 by [S.I. 2023/460](https://www.legislation.gov.uk/uksi/2023/460), [reg. 2](https://www.legislation.gov.uk/uksi/2023/460/regulation/2)
[^key-6de004a2bbf720fe635ef12355955ea0]: [S. 4](https://www.legislation.gov.uk/ukpga/2022/14/section/4) in force at 27.4.2023 in so far as not already in force by [S.I. 2023/460](https://www.legislation.gov.uk/uksi/2023/460), [reg. 2](https://www.legislation.gov.uk/uksi/2023/460/regulation/2)
2022-05-31
Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022
2022-03-31
Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2
original version
Text at this date