The Taxis (2008 Act) (Commencement No. 5) Order (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 389 (C. 35)

Road Traffic And Vehicles

The Taxis (2008 Act) (Commencement No. 5) Order (Northern Ireland) 2015

Made

1st December 2015

The Department of the Environment makes the following Order in exercise of the powers conferred by section 59 of the Taxis Act (Northern Ireland) 2008(1).

Citation and interpretation

1.—(1) This Order may be cited as the Taxis (2008 Act) (Commencement No. 5) Order (Northern Ireland) 2015.

(2) In this Order “the Act” means the Taxis Act (Northern Ireland) 2008.

Appointed days

2.—(1) The day appointed for the coming into operation of the provisions of the Act specified in Part 1 of the Schedule, for the purpose only of making regulations, is 2^nd December 2015.

(2) The day appointed for the coming into operation of the provisions of the Act specified in Part 2 of the Schedule, for the purpose only of making an application for a taxi licence, is 9^th May 2016.

(3) The day appointed for the coming into operation of the provisions of the Act specified in Part 3 of the Schedule, for all purposes, is 31^st May 2016.

Sealed with the Official Seal of the Department of the Environment on 1^st December 2015

Elizabeth Loughran

A senior officer of the

Department of the Environment

Article 2

SCHEDULE

PART 1 Provisions coming into operation on 2^nd December 2015 for the purpose only of making regulations

Provisions of the Act	Subject Matter
Section 16	Regulation of fares, etc.
Section 17(1) and (3)	Display and publication, etc. of fares
Section 18(1), (4) and (5)	Regulation of taximeters etc.

PART 2 Provisions coming into operation on 9^th May 2016 for the purpose only of making an application for a taxi licence

Provisions of the Act	Subject Matter
Section 13(1) insofar as not already in operation	Taxi licences

PART 3 Provisions coming into operation on 31^st May 2016 for all purposes

Provisions of the Act	Subject Matter
Section 5	Hiring of taxis at separate fares - General
Section 6	Compliance with Departmental taxi-sharing scheme
Section 7	Advance booking
Section 12 Section 13 insofar as not already in operation	Requirement for taxi licence Taxi licences
Section 14	Duties of owners of licensed taxis
Section 15 insofar as not already in operation	Identification of licensed vehicles
Section 16 insofar as not already in operation Section 17(1), (3) and (4) insofar as not already in operation	Regulation of fares, etc. Display and publication, etc. of fares
Section 18 insofar as not already in operation	Regulation of taximeters etc.
Section 19 insofar as not already in operation	Taxis not to carry more than the prescribed number of persons
Section 20 insofar as not already in operation	Regulations concerning taxis or use of taxis
Section 39	Power to stop and examine licensed taxis
Section 41	Power of seizure
Section 42	Regulations concerning vehicles and equipment seized under section 38 or 41
Section 43	Taxi touts
Section 48 and Schedule 1 for the purpose of the insertions into the Road Traffic Offenders (Northern Ireland) Order 1996(2) only insofar as they relate to offences under sections 5(2), 12(2) and (3), 14(6), 15(3) and (4), 16(4), 17(4), 18(6) and (8), 19(2), 20(3), 39(3) and 43(1)	Offences
Section 54(1) insofar as not already in operation	Application of other statutory provisions
Paragraphs 2, 5, 6(b), 8, 9, 10 and 13(b) of Schedule 2 and section 58(1) insofar as it relates to those paragraphs	Minor and consequential amendments

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation the provisions of the Taxis Act (Northern Ireland) 2008 specified in—

(a) Part 1 of the Schedule, for the purpose only of making regulations, on 2^nd December 2015;

(b) Part 2 of the Schedule, for the purpose only of making an application for a taxi licence, on 9th May 2016; and

(c) Part 3 of the Schedule, for all purposes, on 31^st May 2016.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Taxis Act (Northern Ireland) 2008 have been brought into operation by commencement order made before the date of this Order.

Provision	Date of Commencement	S.R. No.
Section 21	23rd November 2009	2009 No. 352 (C. 25)
Section 40
Section 54(1) insofar as it relates to the power in Article 65 of the Road Traffic (Northern Ireland) Order 1981(3) to make bye-laws the provisions of which are, or could be, included in an order under Article 27A of the Road Traffic Regulation (Northern Ireland) Order 1997(4), (4) and (5)
Paragraphs 1, 6(a), 11, 12 and 13(a) of Schedule 2 and section 58(1) insofar as it relates to those paragraphs
Section 1 (partially)	8th August 2012 1st September 2012	2012 No. 313 (C. 28)
Section 2 (partially)	8th August 2012 1st September 2012
Section 3 (partially)	8th August 2012 1st September 2012
Section 4	1st September 2012
Section 25	1st September 2012
Section 26	1st September 2012
Section 27	1st September 2012
Section 28 (partially)	8th August 2012 1st September 2012
Section 29	1st September 2012
Section 30 (partially)	8th August 2012 1st September 2012
Section 31	1st September 2012
Section 32	1st September 2012
Section 33 (partially)	8th August 2012
Section 33(1)(a), (c) to (e) and (2) in so far as not already in operation	1st September 2012
Section 34	1st September 2012
Section 35	1st September 2012
Section 37	1st September 2012
Section 38	1st September 2012
Section 44	1st September 2012
Section 45	1st September 2012
Section 46	1st September 2012
Section 47	1st September 2012
Section 48 and Schedule 1 relating to offences under the following sections— Section 1(3) Operating a taxi service without an operator’s licence, Section 3(5) Knowingly keeping or making false records etc, Section 3(10) Operating a taxi service in respect of unlicensed taxi or in respect of taxi driven by unlicensed driver, Section 3(11) Contravention of other operator’s duties, Section 4(2) Sub-contracting work to a non-licensed operator, Section 31(5) Failure to produce documents etc., Section 32(6) Failure to comply with requirement or direction to return licence, plate, etc. or badge, Section 37(3) Failure to comply with an enforcement notice, Section 44(1) Knowingly etc. to make false statement or furnish false information, Section 44(2) Forging, possessing, documents, etc. with intent to deceive, Section 45(1) Obstruction of constable or authorised officer, Section 45(2) Failure to comply with requirement of constable or authorised officer or failure to give a constable or authorised officer assistance or information, Section 45(3) Knowingly to make a false statement to authorised officer or constable.	1st September 2012
Section 50	1st September 2012
Section 53	1st September 2012
Section 22	31st October 2014	2014 No. 238 (C. 15)
Section 23 (partially) Section 23 insofar as not already in operation, except for subsection (8)	24th September 2014 31st October 2014
Section 24	31st October 2014
Section 48 and Schedule 1 relating to offences under the following sections— Section 22(2) Driving a taxi without a taxi driver’s licence, Section 22(3) Operating a taxi service driven by a taxi driver without a taxi driver’s licence or owning a taxi being driven by a taxi driver without a taxi driver’s licence, Section 22(5) Driving a taxi without a taxi driver’s licence for that class of taxi, Section 22(6) Operating a taxi service driven by a taxi driver without a taxi driver’s licence for that class of taxi or owning a taxi driven by a taxi driver without a taxi driver’s licence for that class of taxi, Section 24(5) Failure to wear a taxi driver’s badge or display other identification.	31st October 2014
Section 52 (partially) Section 52 insofar as not already in operation	24th September 2014 31st October 2014
Section 58(2) and Schedule 3 insofar as they relate to the repeal of— Article 79A of the Road Traffic (Northern Ireland) Order 1981; Article 6 of, and Part 2 of Schedule 3 to the Road Traffic (Amendment) (Northern Ireland) Order 1991; and In Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order1996, the entry relating to Article 79A of the 1981 Order.	31st October 2014
Section 13 Taxi licences (partially)	9th December 2014	2014 No. 300 (C. 16)(5)
Section 15 Identification of licensed vehicles (partially)	9th December 2014
Section 19 Taxis not to carry more than the prescribed number of persons (partially)	9th December 2014
Section 20 Regulations concerning taxis or use of taxis (partially)	9th December 2014

(1)

2008 c.4 (N.I.)

(2)

S.I. 1996/1320 (N.I. 10)

(3)

S.I.1981/154 (N.I.)

(4)

S.I.1997/276 (N.I.2)

(5)

S.R. 2014 No. 300 (C. 16) was amended by S.R. 2015 No. 257 (C. 20)