SCHEDULES

SCHEDULE 5Private hire vehicles etc

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

I126

After section 62 insert—

62AReturn of licences suspended or revoked on immigration grounds

1

Subsection (2) applies if—

a

under section 61 a district council suspend, revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on the ground mentioned in subsection (1)(aa) of that section, or

b

under section 62 a district council suspend, revoke or refuse to renew an operator's licence on the ground mentioned in subsection (1)(ca) of that section.

2

The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the district council—

a

the licence, and

b

in the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person's driver's badge.

3

In subsection (2) “the relevant day” means—

a

where the licence is suspended or revoked, the day on which the suspension or revocation takes effect;

b

where the district council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it.

4

A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction—

a

to a fine not exceeding level 3 on the standard scale, and

b

in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.

5

The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b).

6

Regulations under subsection (5) may make transitional, transitory or saving provision.

7

A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.