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Dear Chief Executive and JD...
TAXI LICENSING ZONES - REMOVING THE CONSENT ROLE OF THE SECRETARY OF STATE AND THE NATIONAL ASSEMBLY FOR WALES
This letter affects you if your authority has a system of taxi licensing which involves two or more zones; it is of particular relevance if your authority is considering amalgamating those zones.
The letter asks you to contact us if your authority has separate zones and if you want to be kept in touch with progress on the proposal to remove the requirement for the Secretary of State or the National Assembly for Wales to approve resolutions to amalgamate zones.
If you do not have separate zones (ie taxis can ply for hire in any part of the authority's area) then this letter does not have any direct relevance; but you might, nevertheless, wish to know about this policy initiative.
Background
As you may know, the Department for Communities and Local Government (DCLG - formerly the Office of the Deputy Prime Minister) consulted in 2005 on five proposals for removing the need for central government approval of local authority decisions ("consent regimes"). One of these was the requirement for the Secretary of State or the National Assembly for Wales to approve local authority resolutions to amalgamate taxi licensing zones and establish a single licensing area comprising the whole of the local authority's area.
The proposal is now being taken forward by means of a Legislative Reform Order (LRO), which has now been laid before the Houses of Parliament. The Order will be scrutinised by the Regulatory Reform Committee in the Commons and the Delegated Powers and Regulatory Reform Committee in the Lords for 40 days (ie sitting days). Progress is, of course, dependent on Parliament, but, assuming that the Minister determines to proceed with the proposals after the end of the period for Parliamentary consideration, and the draft Order subsequently laid before Parliament is approved, we expect the LRO to come into operation within a year.
Proposal
Numerous changes to local government administration over the past 150 years or so has meant that separate taxi licensing zones have developed in many local authority areas. Outside London (and excluding Plymouth), taxis in England and Wales are licensed under the Town Police Clauses Act 1847, as incorporated within the Public Health Act 1875 (section 171(4) of that Act is relevant), to ply for hire within a “prescribed distance”. Usually the prescribed distance comprises the whole of the licensing authority’s area, but some licensing areas comprise two or more prescribed distances, known as licensing zones.
Paragraph 25 of Schedule 14 to the Local Government Act 1972 enables local authorities to pass a resolution to apply section 171(4) to the whole of their area. This has the effect of creating a single taxi zone throughout their area. The approval of the Secretary of State or the National Assembly for Wales is required to give effect to the resolution.
The proposed LRO would remove the requirement for the Secretary of State's or the National Assembly for Wales’ approval. The effect of this would be that (after giving “requisite notice” as defined in the 1972 Act) a local authority could make an amalgamation resolution and the resolution would simply come into operation on the date specified therein (being at least a month after the date of the resolution).
The proposed LRO contains a transitional provision to cover any resolutions which have been made, but not yet approved or refused approval, when it comes into force. This provision is of importance to, and should be noted by, any local authority that is planning to make an amalgamation resolution in the coming year.
It is proposed that where a local authority passes a resolution applying section 171(4) of the Public Health Act 1875 throughout its area before the date on which the proposed Order comes into force, and the resolution has not been given or refused approval by the Secretary of State or the National Assembly for Wales before that date, the resolution will take effect 35 days after the Order comes into force.
The transitional provision should provide any local authority affected with sufficient time, after the proposed Order comes into force, to finalise its preparations for the creation of a single taxi zone throughout its area and to publicise (to both the trade and travelling public) the date on which the new zone will definitely come into being. Only from the date on which the proposed Order comes into force will it no longer be necessary for the Secretary of State/National Assembly for Wales to give or refuse approval to an amalgamation resolution that has been submitted to it.
If your authority intends to pass an amalgamation resolution in the coming year and it is possible that it may be caught by the transitional provision proposed, the potential effect of the LRO should be publicised when notice of the intention to pass the resolution is given. It is important that the general public, the local taxi trade, and local parish and community councils are aware from the outset that the resolution in question may take effect without an approval from the Secretary of State or the National Assembly for Wales.
What we want you to do
Could you please let me know:
(i) if your local authority has two or more separate taxi licensing zones; and
(ii) whether you have any plans to amalgamate the zones in the near future (ie within the next 12 months).
I would appreciate responses by 31 August in order that we can keep those who have a direct interest in the proposals fully informed of progress.
Yours faithfully
David Farmer
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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!
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