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I wouldn't normally get involved with anything apertaining to the London Hackney carriage trade but recent events have made me realise that there are some people out there who still don't realise that some of the ancient legislation has moved on or has been repealed. It should be made clear that most of the old legislation is now subject to the 1999 Greater London Authority act which gives TFL great powers to ammend any of these acts.
For those in London who don't know, TFL has had every relevant London hackney carriage act Transfered over to them under the Greater London Authority Act 1999 as though TFL had actually written the acts themselves. Any London hackney carriage legislation including London Cab orders previously in force is now subject to amendment by virtue of the 1999 act.
Any person with the need to use any of the dated London Hackney carriage legislation should first refer to the 1999 act to see if it has been amended or repealed.
For those who hold the view that TFL cannot legally charge a fee for licensing Hackney carriages, they should read section 6 of the 1869 Metropolitan public carriage act as ammended by the 1999 act. This is in particular reference to the opinion Mr Jeff Daggers holds that TFL cannot charge for a Hackney carriage vehicle license because it has already been paid for by virtue of the VEL.
Greater London Authority Act 1999 (1999 c 29)
SCHEDULE 20 HACKNEY CARRIAGES Part I Transfers of Functions and Amendments
Part I
Transfers of Functions and Amendments
The London Hackney Carriages Act 1843
1
(1) All the jurisdiction, powers, authorities, privileges, interests and duties which, immediately before the coming into force of this paragraph, were vested in or exercisable by the Commissioners of Police of the Metropolis by virtue of section 2 of the London Hackney Carriages Act 1850 (transfer of functions of registrar of metropolitan public carriages to Commissioners of Police of the Metropolis) are transferred to and vested in Transport for London by this sub-paragraph.
(2) The London Hackney Carriages Act 1843 shall accordingly be amended as follows.
(3) For “the registrar” and “the said registrar”, wherever occurring, there shall be substituted “Transport for London”.
(4) In section 18 (licences and tickets to be delivered up on discontinuance of licence) for “him” there shall be substituted “Transport for London”.
(5) In section 19 (new tickets to be delivered instead of defaced or lost tickets) for “for the use of Her Majesty” there shall be substituted “to Transport for London”.
The London Hackney Carriages Act 1850
2
(1) The London Hackney Carriages Act 1850 shall be amended as follows.
(2) In section 4 (standings for hackney carriages to be appointed and regulated by the Commissioners of Police of the Metropolis)—
(a) for “the said Commissioners of Police” and, where first and second occurring, “the said commissioners” there shall be substituted “Transport for London”;
(b) for “signed by one of the said commissioners” there shall be substituted “signed by a person authorised for the purpose by Transport for London”;
(c) for “the office of the Commissioners of Police in the City of Westminster” there shall be substituted “the offices of Transport for London”;
(d) for “the signature of the said commissioner” there shall be substituted “the aforesaid signature”.
The London Hackney Carriage Act 1853
3
(1) The London Hackney Carriage Act 1853 shall be amended as follows.
(2) In section 2 (powers of inspection of carriages etc) for—
(a) “the said Commissioners of Police”, and
(b) “the said commissioners”, in both places where those words occur,
there shall be substituted “Transport for London”.
(3) In section 17 (penalties for offences) in paragraph 1 (excessive fares and refusal to carry authorised number of passengers or reasonable quantity of luggage) for “the said Commissioners of Police” there shall be substituted “Transport for London”.
(4) In section 20 (powers of Commissioners of Police etc) for the words from the beginning to “appoint; and” there shall be substituted “In this Act”.
4
The Metropolitan Public Carriage Act 1869
5
(1) The Metropolitan Public Carriage Act 1869 shall be amended as follows.
(2) In section 4 (interpretation)—
(a) for the definition of “Prescribed” there shall be substituted the following definitions—
““London cab order” shall mean an order made by Transport for London.
“Prescribed” shall mean prescribed by London cab order.”; and
(b) at the end of the section there shall be added the following paragraph—
“Any power to make a London cab order under this Act includes power to vary or revoke a previous such order.”
(3) For section 6 (grant of hackney carriage licences) there shall be substituted—
“6 Grant of hackney carriage licences
(1) Transport for London shall have the function of licensing to ply for hire within the limits of this Act hackney carriages, to be distinguished in such manner as may be prescribed.
(2) A licence under this section may—
(a) be granted on such conditions,
(b) be in such form,
(c) be subject to revocation or suspension in such event, and
(d) generally be dealt with in such manner,
as may be prescribed.
(3) Subsection (2) of this section is subject to the following provisions of this section.
(4) A licence under this section shall, if not revoked or suspended, be in force for one year.
(5) A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London.
(a) by any applicant for a licence under this section, on making the application for the licence;
(b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and
(c) by any person granted a licence under this section, on the grant of the licence.
(6) In paragraph (b) of subsection (5) of this section “matter of fitness” means—
(a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or
(b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.
(7) Different amounts may be determined under subsection (5) of this section for different purposes or different cases.
8. Transport for London may remit or refund the whole or part of a fee under subsection (5) of this section.
(9) Provision shall be made by London cab order—
(a) for the transfer of a licence under this section to the widow or to any child of full age of any person to whom such a licence has been granted who may die during the continuance of the licence leaving a widow or child of full age; and
(b) for the transfer of a licence under this section to the husband of any woman to whom such a licence has been granted and who marries during the continuance of the licence.”
(4) In section 7 (penalty on use of unlicensed carriage) the words “by the said Secretary of State” shall cease to have effect.
(5) For section 8 (hackney carriage to be driven by licensed drivers) there shall be substituted—
“8 Hackney carriage to be driven by licensed drivers
(1) Transport for London shall have the function of licensing persons to be drivers of hackney carriages.
(2) No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence under this section from Transport for London.
(3) If any hackney carriage plies for hire in contravention of this section—
(a) the person driving the carriage, and
(b) the owner of the carriage, unless he proves that the driver acted without his privity or consent,
shall each be liable to a penalty not exceeding level 3 on the standard scale.
(4) Transport for London may send to the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London—
(a) details of a person to whom Transport for London is considering granting a licence under this section, and
(b) a request for the Commissioner’s observations;
and the Commissioner shall respond to the request.
(5) A licence under this section may—
(a) be granted on such conditions,
(b) be in such form,
(c) be subject to revocation or suspension in such event, and
(d) generally be dealt with in such manner,
as may be prescribed.
(6) Subsection (5) of this section is subject to the following provisions of this section.
(7) A licence under this section shall, if not revoked or suspended, be in force for three years.
8. A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London—
(a) by any applicant for a licence under this section, on making the application for the licence;
(b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and
(c) by any person granted a licence under this section, on the grant of the licence.
(9) In paragraph (b) of subsection 8 of this section “matter of fitness” means—
(a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or
(b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.
(10) Different amounts may be determined under subsection 8 of this section for different purposes or different cases.
(11) Transport for London may remit or refund the whole or part of a fee under subsection 8 of this section.”
(6) In section 9 (regulations as to hackney and stage carriages)—
(a) for “The said Secretary of State may from time to time by order” there shall be substituted “Transport for London may from time to time by London cab order”;
(b) in paragraph (1) of the restrictions (consents required for stands in the City appointed by the Secretary of State) for “the Secretary of State” there shall be substituted “Transport for London”; and
(c) at the end of the restrictions there shall be added—
“(4) Any power of Transport for London to fix by regulations made by London cab order under this section any rates or fares to be paid for hackney carriages is exercisable subject to and in accordance with any directions given to Transport for London by the Mayor of London as to the basis on which those rates or fares are to be calculated.”
(7) In section 10 (power of Secretary of State to annex penalty for breach of order) for “Where the Secretary of State is authorised to make any order under this Act, he” there shall be substituted “Where Transport for London is authorised to make a London cab order under this Act, Transport for London”.
8. For section 11 (other persons by whom licences may be granted) there shall be substituted—
“11 Grant of licences by other persons at direction of TfL
Any licence which may be granted by Transport for London under this Act may, if Transport for London so directs, be granted by such person as may be appointed for the purpose in the direction.”
(9) In section 12 (powers to carry Act into execution)—
(a) for “The said Secretary of State” there shall be substituted “Transport for London”; and
(b) for “he”, in both places where it occurs, there shall be substituted “Transport for London”.
(10) In section 14 (power to affix placards etc to lamp posts) for “The Commissioner of the Metropolitan Police” there shall be substituted “Transport for London”.
(11) In section 15 (existing Acts to continue in force) for “by any order or regulation of the said Secretary of State” there shall be substituted “by any London cab order”.
The London Cab and Stage Carriage Act 1907
6
(1) The London Cab and Stage Carriage Act 1907 shall be amended as follows.
(2) In section 1(1) (power of Secretary of State to fix, by order under section 9 of the 1869 Act, fares for cabs fitted with taximeters)—
(a) for “The Secretary of State” there shall be substituted “Transport for London”;
(b) after “regulations made” there shall be inserted “by London cab order”.
(3) At the end of section 1 there shall be inserted—
“(3) The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section nine of the said Act of 1869.”
(4) In section 2 (abolition of privileged cab system)—
(a) in subsection (1) (charges for admission to railway station not to exceed sum allowed by Secretary of State) for “the Secretary of State” there shall be substituted “Transport for London”; and
(b) in subsection (2) (power of Secretary of State by order to suspend or modify the section in relation to a station if satisfied of insufficient supply of cabs at the station)—
(i) for “the Secretary of State”, in both places, there shall be substituted “Transport for London”; and
(ii) for “by order” there shall be substituted “by London cab order”.
(5) In section 6 (definitions) in subsection (1)—
(a) after the definition of the expression “fare” there shall be inserted “the expression “London cab order” has the same meaning as in the Metropolitan Public Carriage Act 1869”; and
(b) in the definition of “taximeter” (which requires the device to be approved by or on behalf of the Secretary of State) for “the Secretary of State” there shall be substituted “Transport for London”.
(6) At the end of that section there shall be added—
“(4) Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.”
The London Cab Act 1968
7
(1) The London Cab Act 1968 shall be amended as follows.
(2) In section 1(1) (which extends the power of the Secretary of State to set fares under the Acts of 1869 and 1907) for “the Secretary of State” there shall be substituted “Transport for London”.
(3) After subsection (1) of section 1 there shall be inserted—
“(1A) The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section 9 of the said Act of 1869.”
(4) In section 2 (power to increase length of obligatory journeys)—
(a) in subsection (1) (the power)—
(i) for “The Secretary of State” there shall be substituted “Transport for London”;
(ii) for “by order” there shall be substituted “by London cab order”; and
(ii) for “him” there shall be substituted “Transport for London”;
(b) in subsection (2) (power to limit application of order) for “An order” there shall be substituted “A London cab order”;
(c) in subsection (3) (power includes power to vary or revoke previous orders and is exercisable by statutory instrument subject to negative parliamentary procedure)—
(i) for “orders” there shall be substituted “London cab orders”;
(ii) after “previous” there shall be inserted “such”; and
(iii) the words from “and shall be exercisable” to the end of the subsection shall cease to have effect; and
(d) in subsection (4) (duty to consult before making order)—
(i) for “any order” there shall be substituted “any London cab order”;
(ii) for “the Secretary of State” there shall be substituted “Transport for London”; and
(iii) for “him” and “he” there shall be substituted “Transport for London”.
(5) In section 4A (power of Secretary of State by order to prohibit signs etc on private hire cars)—
(a) in subsection (1)—
(i) for “The Secretary of State” there shall be substituted “Transport for London”; and
(ii) for “by order” there shall be substituted “by London cab order”;
(b) in subsection (2), for “by an order” there shall be substituted “by a London cab order”;
(c) in subsection (3) (power includes power to vary or revoke previous orders and is exercisable by statutory instrument subject to negative parliamentary procedure)—
(i) for “orders” there shall be substituted “London cab orders”;
(ii) after “previous” there shall be inserted “such”; and
(iii) the words from “and shall be exercisable” to the end of the subsection shall cease to have effect;
(d) in subsection (4) (duty to consult before making order)—
(i) for “order” there shall be substituted “London cab order”;
(ii) for “the Secretary of State” there shall be substituted “Transport for London”; and
(iii) for “him” and “he” there shall be substituted “Transport for London”; and
(e) in subsection (5) (relationship to section 4) for “an order” there shall be substituted “a London cab order”.
(6) After section 4A there shall be inserted—
“4B London cab orders
(1) In this Act, “London cab order” means an order made by Transport for London.
(2) Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.”
The Transport Act 1985
8
(1) The Transport Act 1985 shall be amended as follows.
(2) In section 10 (immediate hiring of taxis at separate fares)—
(a) in subsection (3)(a) (meaning of “licensing authority” in relation to the London taxi area) for “the Secretary of State”, in both places, there shall be substituted “Transport for London”;
(b) in subsection (5)(c), the words “if made otherwise than by the Secretary of State” shall cease to have effect;
(c) in subsection 8, the words “Except in the case of a scheme made by the Secretary of State,” shall cease to have effect; and
(d) subsection (10) (power of Secretary of State to make scheme exercisable by order) shall cease to have effect.
(3) In section 17 (London taxi and taxi driver licensing: appeals)—
(a) in subsections (2), (5), 8 (a) and (b) and (9) (which relate to reconsideration or appeal within the prescribed period) for “prescribed period”, in each place, there shall be substituted “designated period”;
(b) in subsection (10), after the definition of “the appropriate court” there shall be inserted the following definitions—
““designated period” means such period as may be specified for the purpose by London cab order;
“London cab order” means an order made by Transport for London”; and
(c) after subsection (10) there shall be added—
“(11) Any power to make a London cab order under this section includes power to vary or revoke a previous such order.”
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