TAXIS BILL

MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE

Tuesday, 26 February 2008

Amendments tabled up to and including Thursday, 21 February 2008

The Bill will be considered in the following order-
Clauses, Schedules and Long Title

Amendment 1 [Made]

Clause 1, Page 1, Line 14

Leave out from ‘and’ to end of line 15

Minister of the Environment

Amendment 2 [Made]

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

Amendment 3 [Made]

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 to—

(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

Amendment 4 [Made]

Clause 3, Page 3, Line 30

Leave out from ‘and’ to end of line 31

Minister of the Environment

Amendment 5

Clause 3, Page 4, Line 3 [Made]

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

Amendment 6 [Made]

Clause 3, Page 4, Line 5

Leave out from ‘and’ to end of line 6

Minister of the Environment

Amendment 7 [Made]

Clause 3, Page 4, Line 8

Leave out from ‘and’ to end of line 9

Minister of the Environment

Amendment 8 [Made]

Clause 4, Page 4, Line 20

Leave out from ‘and’ to end of line 21

Minister of the Environment

Amendment 9 [Made]

Clause 5, Page 5, Line 6

Leave out from ‘and’ to end of line 7

Minister of the Environment

Amendment 10 [Made]

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

Amendment 11 [Made]

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

Amendment 12 [Made]

Clause 6, Page 5, Line 37

Leave out subsection (3)

Minister of the Environment

Amendment 13 [Made]

Clause 10, Page 6, Line 27

At beginning insert ‘Subject to subsection (4A),’

Minister of the Environment

Amendment 14 [Made]

Clause 10, Page 6, Line 38

Leave out ‘subject to subsection (3),’

Minister of the Environment

Amendment 15 [Made]

Clause 10, Page 7, Line 6

Leave out subsection (3)

Minister of the Environment

Amendment 16 [Made]

Clause 10, Page 7, Line 13

After ‘(2),’ insert ‘subject to subsection (4A)’

Minister of the Environment

Amendment 17 [Made]

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 who—

(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

Amendment 18 [Made]

Clause 11, Page 7, Line 24

After ‘2(8)’ insert ‘or (12)’

Minister of the Environment

Amendment 19 [Made]

Clause 11, Page 7, Line 27

Leave out ‘in writing’

Minister of the Environment

Amendment 20 [Made]

Clause 11, Page 7, Line 42

Leave out ‘in writing’

Minister of the Environment

Amendment 21 [Made]

Clause 11, Page 8, Line 1

After ‘2(8)’ insert ‘or (12)’

Minister of the Environment

Amendment 22 [Made]

Clause 11, Page 8, Line 4

Leave out subsection (6)

Minister of the Environment

Amendment 23 [Made]

Clause 12, Page 8, Line 20

Leave out subsection (5)

Minister of the Environment

Amendment 24 [Made]

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

Amendment 25 [Made]

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 to—

(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

Amendment 26 [Made]

Clause 14, Page 9, Line 34

Leave out from ‘and’ to end of line 35

Minister of the Environment

Amendment 27 [Made]

Clause 15, Page 10, Line 10

Leave out subsection (6)

Minister of the Environment

Amendment 28 [Made]

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

Amendment 29 [Made]

Clause 16, Page 10, Line 28

Leave out from ‘and’ to end of line 29

Minister of the Environment

Amendment 30 [Made]

Clause 17, Page 11, Line 2

Leave out from ‘and’ to end of line 3

Minister of the Environment

Amendment 31 [Made]

Clause 18, Page 11, Line 35

Leave out subsection (9)

Minister of the Environment

Amendment 32 [Made]

Clause 19, Page 12, Line 2

Leave out from ‘and’ to end of line 3

Minister of the Environment

Amendment 33 [Made]

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

Amendment 34 [Made]

Clause 20, Page 13, Line 5

Leave out from ‘and’ to end of line 6

Minister of the Environment

Amendment 35 [Made]

Clause 22, Page 15, Line 34

Leave out subsections (8) and (9)

Minister of the Environment

Amendment 36 [Made]

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

Amendment 37 [Made]

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 to—

(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

Amendment 38 [Made]

Clause 24, Page 17, Line 26

Leave out from ‘and’ to end of line 28

Minister of the Environment

Amendment 39 [Made]

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

Amendment 40 [Made]

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

Amendment 41 [Made]

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

Amendment 42

Clause 27, Page 19, Line 14 [Made]

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

Amendment 43 [Made]

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

Amendment 44 [Made]

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

Amendment 45 [Made]

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

Amendment 46 [Made]

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

Amendment 47 [Made]

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

Amendment 48 [Made]

Clause 31, Page 21, Line 31

Leave out from ‘and’ to end of line 32

Minister of the Environment

Amendment 49 [Made]

Clause 32, Page 22, Line 23

Leave out subsection (7)

Minister of the Environment

Amendment 50 [Made]

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

Amendment 51 [Made]

Clause 36, Page 24, Line 2

Leave out from ‘and’ to end of line 3

Minister of the Environment

Amendment 52

Clause 36, Page 24, Line 14 [Made]

Leave out ‘appeal to a court of summary jurisdiction’ and insert ‘by notice appeal to the Department’

Minister of the Environment

Amendment 53 [Made]

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

Amendment 54 [Made]

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

Amendment 55 [Made]

Clause 37, Page 24, Line 26

After ‘premises’ insert ‘and any equipment’

Minister of the Environment

Amendment 56 [Made]

Clause 37, Page 24, Line 36

After second ‘premises’ insert ‘and any equipment’

Minister of the Environment

Amendment 57 [Made]

Clause 38, Page 26, Line 3

Leave out from ‘and’ to end of line 4

Minister of the Environment

Amendment 58 [Made]

Clause 42, Page 28, Line 10

Leave out ‘20(2)(c)’ and insert ‘20’

Minister of the Environment

Amendment 59 [Made]

Clause 42, Page 28, Line 11

Leave out subsection (4)

Minister of the Environment

Amendment 60 [Made]

Clause 43, Page 28, Line 36

Leave out subsection (4)

Minister of the Environment

Amendment 61 [Made]

Clause 44, Page 29, Line 17

Leave out from ‘and’ to end of line 18

Minister of the Environment

Amendment 62 [Made]

Clause 44, Page 29, Line 26

Leave out from ‘and’ to end of line 27

Minister of the Environment

Amendment 63 [Made]

Clause 44, Page 29, Line 30

Leave out from ‘and’ to end of line 31

Minister of the Environment

Amendment 64 [Made]

Clause 48

After clause 48 insert -

‘Publication of information

48A.—(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

Amendment 65 [Made]

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

Amendment 66 [Made]

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 which——

(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)—

(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

Amendment 67 [Made]

Clause 55, Page 32, Line 22

At end insert ‘ "notice" means notice in writing;’

Minister of the Environment

Amendment 68 [Made]

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

Amendment 69 [Made]

Schedule 2, Page 38, Line 23

After ‘taxi’ insert ‘(within the meaning of the Taxis Act (Northern Ireland) 2008)’

Minister of the Environment

Amendment 70 [Made]

Schedule 2, Page 38, Line 39

At end insert -

‘4A. In section 37A (carrying of assistance dogs in private hire vehicles)—

(a) for ‘private hire vehicle’, each place it occurs, substitute ‘taxi’;

(b) in subsection (9)—

(i) for the definition of "driver" substitute—

‘ "driver" means a person who holds a taxi driver’s licence granted under—

(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" insert—

‘ "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" substitute—

‘ " 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

Amendment 71 [Made]

Schedule 2, Page 39, Line 29

After ‘charges),’ insert - ‘—

(a) after the paragraph beginning "An offence under Article 19(1) or (3)" insert—

"An offence under Article 27A(2)."; and

(b)’

Minister of the Environment

Amendment 72 [Made]

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

Amendment 73 [Made]

Schedule 3, Page 40, Line 9

Leave out ‘paragraph 16(2)’ and insert ‘paragraphs 16(2) and 21A(2)’

Minister of the Environment