Law Commission wrote:
STATUTORY GUIDANCE
14.86
Many of the concepts used in taxi and private hire licensing are highly fact-specific. They require the licensing authority to make an assessment of the circumstances of the particular case. There is limited scope for any clear-cut definitions. We suggest that a power to issue statutory guidance should be provided in legislation. It could then be up to the Secretary of State and Welsh Ministers whether to make guidance or not as they chose. However if such statutory guidance was in place, licensing authorities, and judges deciding cases, would be obliged to consider it in exercising their functions. This could help clarify the scope of the legislation and aid consistency in the application of the legislation across different licensing areas.
14.87
The Department for Transport’s existing guidance on what can count as a private hire vehicle could, with appropriate adjustments, be used as a basis for such guidance, but with enhanced effect because licensing authorities would be obliged to take it into account.66
Provisional proposal 21
The Secretary of State and Welsh Ministers should have the power to issue statutory guidance in respect of taxi and private hire licensing requirements.
14.86
Many of the concepts used in taxi and private hire licensing are highly fact-specific. They require the licensing authority to make an assessment of the circumstances of the particular case. There is limited scope for any clear-cut definitions. We suggest that a power to issue statutory guidance should be provided in legislation. It could then be up to the Secretary of State and Welsh Ministers whether to make guidance or not as they chose. However if such statutory guidance was in place, licensing authorities, and judges deciding cases, would be obliged to consider it in exercising their functions. This could help clarify the scope of the legislation and aid consistency in the application of the legislation across different licensing areas.
14.87
The Department for Transport’s existing guidance on what can count as a private hire vehicle could, with appropriate adjustments, be used as a basis for such guidance, but with enhanced effect because licensing authorities would be obliged to take it into account.66
Provisional proposal 21
The Secretary of State and Welsh Ministers should have the power to issue statutory guidance in respect of taxi and private hire licensing requirements.
Is the above saying that a council will be able to change the set PH criteria?
My reading of 'Statutory Guidance' is that a council must have regard to it, but if they depart they must have very good reasons for doing so.
So are standards set or not?
