Civic Government (Scotland) Act 1982

20 Regulations relating to taxis and private hire cars and their drivers. S

(1) Notwithstanding paragraph 5(2) of Schedule 1 to this Act, the Secretary of State may by regulations provide that licensing authorities shall, in relation to taxi, private hire car, taxi drivers’ or private hire car drivers’ licences, impose such conditions or classes of conditions as may be prescribed in the regulations and shall not impose such other conditions or classes of conditions as may be so prescribed [F1 and may provide that such conditions shall be imposed or, as the case may be, shall not be imposed for different areas or classes of areas; and different conditions or classes of conditions may be prescribed in relation to different categories of taxi or private hire car.]

(2) The Secretary of State may by regulations F2 ... prescribe types, sizes and designs of vehicles for the purposes of section 10(4) of this Act and, in doing so, may prescribe different types, sizes or designs of vehicles in respect of different areas.

[F3 (2A) Without prejudice to the generality of subsections (1) and (2) above, regulations under those subsections may make such provision as appears to the Secretary of State to be necessary or expedient in relation to the carrying in taxis of disabled persons (within the meaning of [F4 section 6 of the Equality Act 2010] ) and such provision may in particular prescribe—

(a) requirements as to the carriage of wheelchairs, guide dogs, hearing dogs and other categories of dog;

(b) a date from which any such provision is to apply and the extent to which it is to apply; and

(c) the circumstances in which an exemption from such provision may be granted in respect of any taxi or taxi driver,

and in this subsection—

• “guide dog” means a dog which has been trained to guide a blind person;

• “hearing dog” means a dog which has been trained to assist a deaf person; and

• “other categories of dog” means such other categories of dog as the Secretary of State may prescribe, trained to assist disabled persons who have disabilities of such kinds as he may prescribe.]

[F5 (2AA) The Scottish Ministers may by regulations make such provision as appears to them to be necessary or expedient in relation to the carrying in private hire cars of disabled persons (within the meaning of [F6 section 6 of the Equality Act 2010] ) and such provision may in particular prescribe—

(a) requirements as to the carriage of guide dogs, hearing dogs and other categories of dogs;

(b) a date from which any such provision is to apply and the extent to which it is to apply; and

(c) the circumstances in which an exemption from such provision may be granted in respect of any private hire car or private hire car driver,

and in this subsection “guide dog”, “hearing dog” and “other categories of dog” have the same meaning as in subsection (2A) above.

(2AB) Regulations under subsection (2AA) above may provide for the creation of offences and for making offenders liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2AC) Regulations under subsection (2AA) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.]

(3) Regulations under [F7 subsection (1) or (2) above] shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words added by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 23(3)

F2 Words in s. 20(2) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 49(a), 62(2); S.S.I. 2003/134, art. 2(1), sch.

F3 S. 20(2A) inserted (5.2.2003) by Disability Discrimination Act 1995 (c. 50), ss. 39(3), 70(3) (with ss. 59, 64, 65); S.I. 2003/215, art. 2

F4 Words in s. 20(2A) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 7(2) (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2)

F5 S. 20(2AA)-(2AC) inserted (31.3.2004) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 2, 6(2); S.S.I. 2004/57, art. 2

F6 Words in s. 20(2AA) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 7(3) (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2)

F7 Words in s. 20(3) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 49(b), 62(2); S.S.I. 2003/134, art. 2(1), sch.

Modifications etc. (not altering text)

C1 S. 20: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3