The Licensing and Regulation of Taxis (Appeals in Respect of Taxi Fares) (Scotland) Amendment Order 2011

Scottish Statutory Instruments

2011 No. 401

Licences And Licensing

The Licensing and Regulation of Taxis (Appeals in Respect of Taxi Fares) (Scotland) Amendment Order 2011

Made

11th November 2011

Laid before the Scottish Parliament

16th November 2011

Coming into force

1st December 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section 18(6) of the Civic Government (Scotland) Act 1982(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Licensing and Regulation of Taxis (Appeals in Respect of Taxi Fares) (Scotland) Amendment Order 2011 and comes into force on 1st December 2011.

Amendment of the Licensing and Regulation of Taxis (Appeals in Respect of Taxi Fares) (Scotland) Order 1985

2.  In article 2 (application of rules) of the Licensing and Regulation of Taxis (Appeals in Respect of Taxi Fares) (Scotland) Order 1985(2), for the words from “by any person” to the end, substitute “under section 18 of the Act.”.

3.  In article 3 (interpretation), omit “the Schedule to” where it first appears.

KEITH BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th November 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Licensing and Regulation of Taxis (Appeals in Respect of Taxi Fares) (Scotland) Order 1985 (“the 1985 Order”) in consequence of changes made to section 18 of the Civic Government (Scotland) Act 1982 by section 174(4) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13). The 1985 Order is amended so as to reflect that appeals under section 18 can now also be brought by any person or organisation appearing to the traffic commissioner to be representative of taxi operators in a relevant area.

A Business and Regulatory Impact Assessment has been prepared in relation to this Order and has been placed in the Scottish Parliament Information Centre. Copies can also be obtained free of charge from Transport Scotland, Area 2-D (North), Victoria Quay, Edinburgh, EH6 6QQ.

(1)

1982 c.45; section 18(6) was amended by the Transport Act 1985 (c.67), section 139(2) and paragraph 23(2) of Schedule 7. The functions of the Secretary of State, so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).

(2)

S.I. 1985/2025.