Local Government (Miscellaneous Provisions) Act 1976

63 Stands for hackney carriages. E+W

(1) For the purposes of their functions under the Act of 1847, a district council may from time to time appoint stands for hackney carriages for the whole or any part of a day in any highway in the district which is maintainable at the public expense and, with the consent of the owner, on any land in the district which does not form part of a highway so maintainable and may from time to time vary the number of hackney carriages permitted to be at each stand.

(2) Before appointing any stand for hackney carriages or varying the number of hackney carriages to be at each stand in exercise of the powers of this section, a district council shall give notice to the chief officer of police for the police area in which the stand is situated and shall also give public notice of the proposal by advertisement in at least one local newspaper circulating in the district and shall take into consideration any objections or representations in respect of such proposal which may be made to them in writing within twenty-eight days of the first publication of such notice.

(3) Nothing in this section shall empower a district council to appoint any such stand—

(a) so as unreasonably to prevent access to any premises;

(b) so as to impede the use of any points authorised to be used in connection with a [F1 local service within the meaning of the Transport Act 1985][F2 or PSV operator’s licence granted under [F3 the Public Passenger Vehicles Act 1981]], as points for the taking up or setting down of passengers, or in such a position as to interfere unreasonably with access to any station or depot of any passenger road transport operators, except with the consent of those operators;

(c) on any highway except with the consent of the highway authority;

and in deciding the position of stands a district council shall have regard to the position of any bus stops for the time being in use.

(4) Any hackney carriage byelaws for fixing stands for hackney carriages which were made by a district council before the date when this section comes into force in the area of the council and are in force immediately before that date shall cease to have effect, but any stands fixed by such byelaws shall be deemed to have been appointed under this section.

(5) The power to appoint stands for hackney carriages under subsection (1) of this section shall include power to revoke such appointment and to alter any stand so appointed and the expressions “appointing” and “appoint” in subsections (2) and (3) of this section shall be construed accordingly.

Textual Amendments

F1 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1, Sch. 1

F2 Words substituted by Transport Act 1980 (c. 34, SIF 107:1), s. 43(1), Sch. 5

F3 Words substituted by virtue of Public Passenger Vehicles Act 1981 (c. 14, SIF 107:1), s. 88(2), Sch. 7 para. 19

Modifications etc. (not altering text)

C1 S. 63 extended (13.3.2000) by S.I. 2000/412, art. 6(1)(2)