TAXIS BILL
NOTICE OF AMENDMENTS TABLED ON
7 FEBRUARY 2008 FOR CONSIDERATION STAGE
Clause 1, Page 1, Line 14
Leave out from ‘and’ to end of line 15
Minister of the Environment
Clause 2, Page 2, Line 30
Leave out from ‘appeal’ to end of line 31 and insert ‘by notice appeal to the Department against’
Minister of the Environment
Clause 2, Page 2, Line 38
At end insert -
‘(9) The time within which a person may bring such an appeal is 21 days from the date on which the notice of the decision appealed against is served on the person.
(10) On an appeal under subsection (8), the Department may decide to¾
(a) confirm, reverse or vary the decision; or
(b) approve, revoke or vary the condition,
(as the case may be) as it thinks fit.
(11) The Department shall, on making a decision under subsection (10), give notice of the decision to the appellant including particulars of the grounds of the decision.
(12) A person who is aggrieved by a decision of the Department under subsection (10) may appeal to a court of summary jurisdiction against any such decision.’
Minister of the Environment
Clause 3, Page 3, Line 30
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Minister of the Environment
Clause 3, Page 4, Line 3
At end insert -
‘(and without prejudice to the generality of the foregoing, regulations may include provision for the involvement of the General Consumer Council for Northern Ireland in relation to any such complaints).’
Minister of the Environment
Clause 3, Page 4, Line 5
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Minister of the Environment
Clause 3, Page 4, Line 8
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Minister of the Environment
Clause 4, Page 4, Line 20
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Minister of the Environment
Clause 5, Page 5, Line 6
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Minister of the Environment
Clause 6, Page 5, Line 20
Leave out paragraph (c) and insert -
‘(c) include such other provision as the Department thinks fit.’
Minister of the Environment
Clause 6, Page 5, Line 33
At end insert -
‘(ea) providing for persons to manage, and regulating the management of, the use of such authorised places;’
Minister of the Environment
Clause 6, Page 5, Line 37
Leave out subsection (3)
Minister of the Environment
Clause 10, Page 6, Line 27
At beginning insert ‘Subject to subsection (4A),’
Minister of the Environment
Clause 10, Page 6, Line 38
Leave out ‘subject to subsection (3),’
Minister of the Environment
Clause 10, Page 7, Line 6
Leave out subsection (3)
Minister of the Environment
Clause 10, Page 7, Line 13
After ‘(2),’ insert ‘subject to subsection (4A)’
Minister of the Environment
Clause 10, Page 7, Line 22
At end insert -
‘(4A) Subsections (1), (2) and (4) shall not apply, for or until such time or for such a period as may be prescribed, in relation to a person who is applying to be authorised under an operator’s licence to operate a taxi service for or in respect of the carriage of passengers at separate fares and who¾
(a) immediately before the coming into operation of this section, was the holder of a road service licence to provide a service on the same routes granted under the Transport Act (Northern Ireland) 1967; or
(b) meets any other requirements that may be prescribed.’
Minister of the Environment
Clause 11, Page 7, Line 24
After ‘2(8)’ insert ‘or (12)’
Minister of the Environment
Clause 11, Page 7, Line 27
Leave out ‘in writing’
Minister of the Environment
Clause 11, Page 7, Line 42
Leave out ‘in writing’
Minister of the Environment
Clause 11, Page 8, Line 1
After ‘2(8)’ insert ‘or (12)’
Minister of the Environment
Clause 11, Page 8, Line 4
Leave out subsection (6)
Minister of the Environment
Clause 12, Page 8, Line 20
Leave out subsection (5)
Minister of the Environment
Clause 13, Page 9, Line 7
Leave out from ‘appeal’ to end of line 8 and insert ‘by notice appeal to the Department against’
Minister of the Environment
Clause 13, Page 9, Line 13
At end insert -
‘(9) The time within which a person may bring such an appeal is 21 days from the date on which the notice of the decision appealed against is served on the person.
(10) On an appeal under subsection (8), the Department may decide to¾
(a) confirm, reverse or vary the decision; or
(b) approve, revoke or vary the condition,
(as the case may be) as it thinks fit.
(11) The Department shall, on making a decision under subsection (10), give notice of the decision to the appellant including particulars of the grounds of the decision.
(12) A person who is aggrieved by a decision of the Department under subsection (10) may appeal to a court of summary jurisdiction against any such decision.’
Minister of the Environment
Clause 14, Page 9, Line 34
Leave out from ‘and’ to end of line 35
Minister of the Environment
Clause 15, Page 10, Line 10
Leave out subsection (6)
Minister of the Environment
Clause 16, Page 10, Line 26
At end insert -
‘(2A) Before the Department makes any regulations under this section, it shall take into consideration any recommendations made by the General Consumer Council for Northern Ireland.’
Minister of the Environment
Clause 16, Page 10, Line 28
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Minister of the Environment
Clause 17, Page 11, Line 2
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Minister of the Environment
Clause 18, Page 11, Line 35
Leave out subsection (9)
Minister of the Environment
Clause 19, Page 12, Line 2
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Minister of the Environment
Clause 20, Page 12, Line 19
At end insert -
‘(ca) providing for persons to manage, and regulating the management of, the use of places referred to in paragraph (a);’
Minister of the Environment
Clause 20, Page 13, Line 5
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Minister of the Environment
Clause 22, Page 15, Line 34
Leave out subsections (8) and (9)
Minister of the Environment
Clause 23, Page 16, Line 32
Leave out from ‘appeal’ to end of line 33 and insert ‘by notice appeal to the Department against’
Minister of the Environment
Clause 23, Page 16, Line 36
At end insert -
‘(9A) The time within which a person may bring such an appeal is 21 days from the date on which the notice of the decision appealed against is served on the person.
(9B) On an appeal under subsection (9), the Department may decide to¾
(a) confirm, reverse or vary the decision; or
(b) approve, revoke or vary the condition,
(as the case may be) as it thinks fit.
(9C) The Department shall, on making a decision under subsection (9B), give notice of the decision to the appellant including particulars of the grounds of the decision.
(9D) A person who is aggrieved by a decision of the Department under subsection (9B) may appeal to a court of summary jurisdiction against any such decision.’
Minister of the Environment
Clause 24, Page 17, Line 26
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Minister of the Environment
Clause 27, Page 19
Leave out lines 1 to 8 and insert -
‘(b) (subject to section 35), it shall direct in the notice when the suspension, revocation or curtailment is to take effect.’
Minister of the Environment
Clause 27, Page 19, Line 9
Leave out subsection (3) and insert -
‘(3) A licence suspended under this Act shall remain suspended until such time as the Department by notice directs that the licence is again in force.’
Minister of the Environment
Clause 27, Page 19, Line 13
Leave out ‘appeal to a court of summary jurisdiction and insert ‘by notice appeal to the Department’
Minister of the Environment
Clause 27, Page 19, Line 14
At end insert -
‘(4A) The time within which a person may bring such an appeal is 21 days from the date on which the notice of the decision appealed against is served on the person.
(4B) On an appeal under subsection (4), the Department may decide to confirm, reverse or vary the decision as it thinks fit.
(4C) The Department shall, on making a decision under subsection (4B), give notice of the decision to the appellant including particulars of the grounds of the decision.
(4D) A person who is aggrieved by a decision of the Department under subsection (4B) may appeal to a court of summary jurisdiction against any such decision.’
Minister of the Environment
Clause 28, Page 19, Line 41
Leave out ‘appeal to a court of summary jurisdiction’ and insert ‘by notice appeal to the Department’
Minister of the Environment
Clause 28, Page 19, Line 42
At end insert -
‘(9) The time within which a person may bring such an appeal is 21 days from the date on which the notice of the decision appealed against is served on the person.
(10) On an appeal under subsection (8), the Department may decide to confirm, reverse or vary the decision as it thinks fit.
(11) The Department shall, on making a decision under subsection (10), give notice of the decision to the appellant including particulars of the grounds of the decision.
(12) A person who is aggrieved by a decision of the Department under subsection (10) may appeal to a court of summary jurisdiction against any such decision.’
Minister of the Environment
Clause 29, Page 20
Leave out lines 15 to 20 and insert -
‘(b) (subject to section 35), it shall direct in the notice when the decision is to take effect.’
Minister of the Environment
Clause 29, Page 20, Line 21
Leave out ‘appeal to a court of summary jurisdiction’ and insert ‘by notice appeal to the Department’
Minister of the Environment
Clause 29, Page 20, Line 22
At end insert -
‘(4A) The time within which a person may bring such an appeal is 21 days from the date on which the notice of the decision appealed against is served on the person.
(4B) On an appeal under subsection (4), the Department may decide to confirm, reverse or vary the decision as it thinks fit.
(4C) The Department shall, on making a decision under subsection (4B), give notice of the decision to the appellant including particulars of the grounds of the decision.
(4D) A person who is aggrieved by a decision of the Department under subsection (4B) may appeal to a court of summary jurisdiction against any such decision.’
Minister of the Environment
Clause 31, Page 21, Line 31
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Minister of the Environment
Clause 32, Page 22, Line 23
Leave out subsection (7)
Minister of the Environment
Clause 35
After clause 35 insert -
‘Regulations in respect of appeals
35A. The Department may by regulations make such further provision in respect of appeals under this Act as it considers necessary or expedient.’
Minister of the Environment
Clause 36, Page 24, Line 2
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Minister of the Environment
Clause 36, Page 24, Line 14
Leave out ‘appeal to a court of summary jurisdiction’ and insert ‘by notice appeal to the Department’
Minister of the Environment
Clause 36, Page 24, Line 14
At end insert -
‘(6A) On an appeal under this section, the Department may either cancel or affirm the notice, and if it affirms it, it may do so either in its original form or with such modifications as the Department may in the circumstances think fit.
(6B) The Department shall, on making a decision under subsection (6A), give notice of the decision to the appellant including particulars of the grounds of the decision.
(6C) A person who is aggrieved by a decision of the Department under subsection (6A) may, within 21 days of the notice being served under subsection (6B), appeal to a court of summary jurisdiction.’
Minister of the Environment
Clause 36, Page 24, Line 18
Leave out ‘or with such’ and insert ‘, in its form as modified by the Department under subsection (6A) or with such other’
Minister of the Environment
Clause 37, Page 24, Line 26
After ‘premises’ insert ‘and any equipment’
Minister of the Environment
Clause 37, Page 24, Line 36
After second ‘premises’ insert ‘and any equipment’
Minister of the Environment
Clause 38, Page 26, Line 3
Leave out from ‘and’ to end of line 4
Minister of the Environment
Clause 42, Page 28, Line 10
Leave out ‘20(2)(c)’ and insert ‘20’
Minister of the Environment
Clause 42, Page 28, Line 11
Leave out subsection (4)
Minister of the Environment
Clause 43, Page 28, Line 36
Leave out subsection (4)
Minister of the Environment
Clause 44, Page 29, Line 17
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Minister of the Environment
Clause 44, Page 29, Line 26
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Minister of the Environment
Clause 44, Page 29, Line 30
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Minister of the Environment
Clause 48
After clause 48 insert -
‘Publication of information
48A.¾ (1) The Department may publish, in such form and manner as it thinks appropriate, information in connection with the provisions of this Act.
(2) Before the Department publishes any such information under subsection (1), it shall take into consideration any recommendations made by the General Consumer Council for Northern Ireland.’
Minister of the Environment
Clause 52, Page 31, Line 3
At end insert -
‘(2A) Notwithstanding anything in subsection (2), for the purposes of section 14 of the Finance Act (Northern Ireland) 1966 (c. 21) an operator’s licence which authorises the licensed operator to operate a taxi service for or in respect of the carriage of passengers at separate fares shall be deemed to be a road service licence granted or deemed to have been granted under Part 2 of the Transport Act (Northern Ireland) 1967.’
Minister of the Environment
Clause 53, Page 31, Line 26
Leave out subsection (4) and insert -
‘(4) Subsection (5) applies to byelaws made or having effect as if made under Article 65 of the 1981 Order which¾
(a) relate to taxis; and
(b) are in force immediately before the coming into operation of section 52(1).
(5) Notwithstanding anything in section 52(1)¾
(a) provisions of those byelaws which could have been included in an
order under Article 27A of the Road Traffic Regulation (Northern Ireland) Order 1997 shall have effect as if contained in such an order; and
(b) any other provisions of those byelaws shall have effect as if contained in regulations made under section 20.’
Minister of the Environment
Clause 55, Page 32, Line 22
At end insert ‘ "notice" means notice in writing;’
Minister of the Environment
Clause 57
Leave out clause 57 and insert -
‘Commencement
57. This Act (except sections 53 to 55, this section and section 58) shall come into operation on such day or days as the Department may by order appoint.’
Minister of the Environment
Schedule 2, Page 38, Line 23
After ‘taxi’ insert ‘(within the meaning of the Taxis Act (Northern Ireland) 2008)’
Minister of the Environment
Schedule 2, Page 38, Line 39
At end insert -
‘4A. In section 37A (carrying of assistance dogs in private hire vehicles)¾
(a) for ‘private hire vehicle’, each place it occurs, substitute ‘taxi’;
(b) in subsection (9)¾
(i) for the definition of "driver" substitute¾
‘ "driver" means a person who holds a taxi driver’s licence granted under¾
(a) Article 79A of the Road Traffic (Northern Ireland) Order 1981; or
(b) section 23 of the Taxis Act (Northern Ireland) 2008;’;
(ii) after the definition of "assistance dog" insert¾
‘ "booking" means a taxi booking within the meaning given by section 55(1) of the Taxis Act (Northern Ireland) 2008;’;
(iii) for the definition of "operator" substitute¾
‘ " operator" means a person who holds an operator’s licence granted under section 2 of the Taxis Act (Northern Ireland) 2008;’
Minister of the Environment
Schedule 2, Page 39, Line 29
After ‘charges),’ insert - ‘¾
(a) after the paragraph beginning "An offence under Article 19(1) or (3)" insert¾
"An offence under Article 27A(2)."; and
(b)’
Minister of the Environment
Schedule 3, Page 40, Line 8
At end insert -
‘The Road Traffic (Amendment) Article 6
(Northern Ireland) Order 1991 (NI 3) In Schedule 3, Part 2’
Minister of the Environment
Schedule 3, Page 40, Line 9
Leave out ‘paragraph 16(2)’ and insert ‘paragraphs 16(2) and 21A(2)’
Minister of the Environment