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Statutory Rules of Northern Ireland

2012 No. 313 (C. 28)

Road Traffic And Vehicles

The Taxis (2008 Act) (Commencement No. 2) Order (Northern Ireland) 2012

Made

7th August 2012

The Department of the Environment makes the following Order in exercise of the powers conferred by section 59 of the Taxis Act (Northern Ireland) 2008(1).

Citation and interpretation

1.—(1) This Order may be cited as the Taxis (2008 Act) (Commencement No.2) Order (Northern Ireland) 2012.

(2) In this Order “the Act” means the Taxis Act (Northern Ireland) 2008.

Appointed Day

2.—(1) The day appointed for the coming into operation of the provisions of the Act specified in Part 1 of the Schedule for the purpose only of making regulations, is 8th August 2012.

(2) The day appointed for the coming into operation of the provisions of the Act specified in Part 2 of the Schedule is, 1st September 2012.

Sealed with the Official Seal of the Department of the Environment on 7th August 2012

Legal seal

Stanley Duncan

A senior officer of the

Department of the Environment

Article 2

SCHEDULE

PART 1Provisions coming into operation on 8th August 2012 for the purpose only of making Regulations

Provisions of the ActSubject Matter

Section 1

Requirement for operator’s licence

Section 2

Operator’s licences

Section 3

Duties of licensed operators, etc.

Section 28

Variation of licence on request

Section 30

Fees

Section 33

Register of licences

PART 2Provisions coming into operation on 1st September 2012

Provisions of the ActSubject Matter

Section 1 in so far as not already in operation

Requirement for operator’s licence

Section 2 in so far as not already in operation

Operator’s licences

Section 3 in so far as not already in operation

Duties of licensed operators, etc.

Section 4

Hirings accepted on behalf of another operator

Section 25

Applications for licences, etc.

Section 26

Power to suspend, revoke or curtail licences
Section 27

Suspension, revocation and curtailment under Section 26: procedure etc.

Section 28 in so far as not already in operation

Variation of licence on request licence

Section 29

Variation of operator’s licence by Department

Section 30 in so far as not already in operation

Fees

Section 31

Production of documents

Section 32

Return of licences, etc.

Section 33(1)(a), (c) to (e) and (2) in so far as not already in operation

Register of licences

Section 34

Appeals

Section 35

Effect of appeal on decision appealed against

Section 37

Enforcement notices

Section 38

Powers of entry

Section 44

False statements, forgery and power of seizure in connection with certain documents

Section 45

Obstruction of authorised officers etc.

Section 46

Offences due to fault of other person

Section 47

Offences by corporations

Section 48 and Schedule 1 relating to offences under the following sections—

Section 1(3) Operating a taxi service without an operator’s licence,

Section 3(5) Knowingly keeping or making false records etc,

Section 3(10) Operating a taxi service in respect of unlicensed taxi or in respect of taxi driven by unlicensed driver,

Section 3(11) Contravention of other operator’s duties,

Section 4(2) Sub-contracting work to a non-licensed operator,

Section 31(5) Failure to produce documents etc.,

Section 32(6) Failure to comply with requirement or direction to return licence, plate, etc. or badge,

Section 37(3) Failure to comply with an enforcement notice,

Section 44(1) Knowingly etc. to make false statement or furnish false information,

Section 44(2) Forging, possessing, documents, etc. with intent to deceive,

Section 45(1) Obstruction of constable or authorised officer,

Section 45(2) Failure to comply with requirement of constable or authorised officer or failure to give a constable or authorised officer assistance or information,

Section 45(3) Knowingly to make a false statement to authorised officer or constable.

Offences

Section 50

Publication of information

Section 53

Service of notices

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 8th August 2012 provisions of the Taxis Act (Northern Ireland) 2008 (“the Act”) specified in Part 1 of the Schedule for the purpose only of making regulations, and brings into operation on 1st September 2012 the provisions of the Act specified in Part 2 of that Schedule.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Taxis Act (Northern Ireland) 2008 have been brought into operation by commencement order made before the date of this Order.

ProvisionDate of CommencementS.R. No.
Section 2123rd November 2009S.R. 2009 No.352 (C.25)

Section 40

Section 54(1) insofar as it relates to the power in Article 65 of the Road Traffic (Northern Ireland) Order 1981(2) to make bye-laws the provisions of which are, or could be, included in an order under Article 27A of the Road Traffic Regulation (Northern Ireland) Order 1997(3), (4) and (5)
Schedule 2, paragraphs 1, 6(a), 11, 12 and 13(a) and section 58(1) insofar as it relates to those paragraphs