Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022

1 Relevant information

(1) In this Act “relevant information”, in relation to a person, means information indicating that the person—

(a) has committed a sexual offence (whether or not the person was charged with, prosecuted for or convicted of the offence);

(b) has harassed another person;

(c) has caused physical or psychological harm to another person;

(d) has committed an offence that involves a risk of causing physical or psychological harm to another person (whether or not the person was charged with, prosecuted for or convicted of the offence);

(e) has committed an offence under section 165, 168 or 170 of the Equality Act 2010 (whether or not the person was charged with, prosecuted for or convicted of the offence);

(f) has done anything that, for the purposes of the Equality Act 2010, constitutes unlawful discrimination or victimisation against another person;

(g) has threatened, abused or insulted another person;

(h) poses a risk to road safety when driving;

(i) may be unsuitable to hold a driver’s licence for other reasons relating to—

(i) the safeguarding of passengers, or

(ii) road safety.

(2) A reference in subsection (1) to an offence includes a reference to the following offences—

(a) attempt to commit the offence;

(b) conspiracy to commit the offence;

(c) aiding, abetting, counselling or procuring the commission of the offence;

(d) incitement to commit the offence;

(e) an offence under Part 2 of the Serious Crimes Act 2007 in relation to the offence.

(3) A reference in subsection (1) to an offence (including a reference having effect by virtue of subsection (2)) includes a reference to conduct that would have constituted the offence if it had been done in England and Wales.

(4) In this section, “sexual offence” means—

(a) an offence under any of sections 1 to 12 and 14 to 17 of the Sexual Offences Act 1956 (rape, unlawful intercourse, indecent assault, forcible abduction etc);

(b) an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc);

(c) an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);

(d) an offence under section 9 of the Theft Act 1968 of burglary with intent to rape;

(e) an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest);

(f) an offence under Part 1 of the Sexual Offences Act 2003;

(g) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).