London Hackney Carriages Act 1843

24 Proceedings with respect to licences on quitting service. U.K.

[F1 (1)] When any licensed driver F2 . . . shall leave the service of any proprietor such proprietor shall, upon demand thereof, return to him his licence: Provided always, that if the said proprietor shall have any complaint against the said driver F2 . . . it shall be lawful for such proprietor to retain the licence for [F3 a time which, excluding any day mentioned in subsection (2), does not exceed] twenty-four hours after the demand thereof, and within that time to apply to [F4 a magistrates' court]F5 . . . for a summons against him; and the said proprietor, [F6 when applying] for the summons, shall deposit the licence with the [F7 designated officer for the][F8 magistrates’ court]. . .; and in case any proprietor who upon demand thereof shall have refused or neglected to deliver to any driver F2 . . . his licence shall not within [F9 that time] apply for such summons, and deposit the licence as aforesaid, or shall not appear to prosecute his complaint at the time mentioned in the summons, it shall be lawful for such driver F2 . . . to apply [F10 to a magistrates' court]F5 . . . for a summons against such proprietor; and upon hearing and deciding the case the justice, if he shall think there was no just cause for detaining the licence, or that there has been needless delay on the part of the proprietor in bringing the matter to a hearing, shall have power to order the said proprietor to pay such compensation to the said driver F2 . . . as the said justice shall think reasonable; F2 . . . and the justice shall cause the licence to be delivered to the said driver F2 . . ., unless any misconduct shall be proved against him, by reason whereof the justice shall think that such licence should be revoked or suspended; and so long as any proprietor shall neglect to apply for such summons and deposit the licence, after demand thereof, any justice of the peace may in like manner from time to time order compensation to be paid by him to the same driver F2 . . .; and no proprietor shall, under any pretext or by virtue of any claim whatever, retain beyond the time aforesaid the licence of his driver F2 . . ..

[F11 (2) The days are—

(a) Saturday or Sunday;

(b) Christmas Day or Good Friday;

(c) a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.]

Textual Amendments

F1 S. 24 renumbered (1.4.2005) as s. 24(1) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 14(2); S.I. 2005/910, art. 3(y)

F2 Words repealed by Statute Law Repeals Act 1976 (c. 16), Sch. 1 Pt XVII

F3 Words in s. 24(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 14(3)(a); S.I. 2005/910, art. 3(y)

F4 Words in s. 24(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 14(3)(b); S.I. 2005/910, art. 3(y)

F5 Words in s. 24 repealed (27.9.1999) by 1999 c. 22, s. 106, Sch. 15 Pt. V(1)(with Sch. 14 paras. 7(2), 36(9))

F6 Words in s. 24(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 14(3)(c); S.I. 2005/910, art. 3(y)

F7 Words in s. 24(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 14(3)(d); S.I. 2005/910, art. 3(y)

F8 Words in s. 24 substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 6(a)(b) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F9 Words in s. 24(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 14(3)(e); S.I. 2005/910, art. 3(y)

F10 Words in s. 24(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 14(3)(f); S.I. 2005/910, art. 3(y)

F11 S. 24(2) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 14(4); S.I. 2005/910, art. 3(y)