Greater London Authority Bill - continued        House of Lords

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SCHEDULE 16
 
  HACKNEY CARRIAGES
  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".
 
 
The London Hackney Carriage (No. 2) Act 1853
     4. - (1) The London Hackney Carriage (No. 2) Act 1853 shall be amended as follows.
 
      (2) In section 16 (proprietors withdrawing carriage from hire beyond a certain time liable to penalty) for "the said Commissioners of Police" and "the Commissioners of Police" there shall be substituted "Transport for London".
 
 
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-
 
 
"Grant of hackney carriage licences.     6. - (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-
 
 
"Hackney carriage to be driven by licensed drivers.     8. - (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) 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.
 
      (5) Subsection (4) of this section is subject to the following provisions of this section.
 
      (6) A licence under this section shall, if not revoked or suspended, be in force for three years.
 
      (7) 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.
      (8) In paragraph (b) of subsection (7) 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.
      (9) Different amounts may be determined under subsection (7) of this section for different purposes or different cases.
 
      (10) Transport for London may remit or refund the whole or part of a fee under subsection (7) 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-
 
 
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