Local Government (Miscellaneous Provisions) Act 1976

51 Licensing of drivers of private hire vehicles. E+W

(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 [F1 —

(i)] that the applicant is a fit and proper person to hold a driver’s licence; [F2 and

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

(b) [F3 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.]

[F4 (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.]

F5 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (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) [F7 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.

Textual Amendments

F1 Words in s. 51(1)(a) renumbered as s. 51(1)(a)(i) (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 18(2)(a) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F2 S. 51(1)(a)(ii) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 18(2)(b) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F3 S. 51(1)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 2(2)

F4 S. 51(1ZA) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 18(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)

F5 S. 51(1A) repealed (1.4.1998) by 1997 c. 50, s. 134(1)(2), Sch. 9 para. 34, Sch. 10; S.I. 1998/354, art. 2(2)(ay)

F6 By S.I. 1996/1974, reg. 5, Sch. 4 para. 3, it is provided that in s. 51 after subsection (1A) there shall be inserted (1.1.1997) subsection (1)

F7 Words in s. 51(1)(b) inserted (5.9.1998) by S.I. 1998/1946, art.2

Modifications etc. (not altering text)

C1 S. 51: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B3

S. 51 extended (13.3.2000) by S.I. 2000/412, art. 4(5)

C2 Ss. 48-54 modified (27.11.2009) by The Local Services (Operation by Licensed Hire Cars) Regulations 2009 (S.I. 2009/2863), regs. 1, 4 Table (with reg. 3)