Local Government Miscellaneous Provisions Act 1976

From Misconduct in Public Office
Jump to: navigation, search

47 Licensing of hackney carriages.

(1)A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary.

(2)Without prejudice to the generality of the foregoing subsection, a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a hackney carriage.

(3)Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates’ court.


60 Suspension and revocation of vehicle licences.

(1)Notwithstanding anything in the Act of 1847 or in this Part of this Act, a district council may suspend or revoke, or (on application therefor under section 40 of the Act of 1847 or section 48 of this Act, as the case may be) refuse to renew a vehicle licence on any of the following grounds:—

(a)that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage or private hire vehicle;

(b)any offence under, or non-compliance with, the provisions of the Act of 1847 or of this Part of this Act by the operator or driver; or

(c)any other reasonable cause.

(2)Where a district council suspend, revoke or refuse to renew any licence under this section they shall give to the proprietor of the vehicle notice of the grounds on which the licence has been suspended or revoked or on which they have refused to renew the licence within fourteen days of such suspension, revocation or refusal.

(3)Any proprietor aggrieved by a decision of a district council under this section may appeal to a magistrates’ court.


68 Fitness of hackney carriages and private hire vehicles.

Any authorised officer of the council in question or any constable shall have power at all reasonable times to inspect and test, for the purpose of ascertaining its fitness, any hackney carriage or private hire vehicle licensed by a district council, or any taximeter affixed to such a vehicle, and if he is not satisfied as to the fitness of the hackney carriage or private hire vehicle or as to the accuracy of its taximeter he may by notice in writing require the proprietor of the hackney carriage or private hire vehicle to make it or its taximeter available for further inspection and testing at such reasonable time and place as may be specified in the notice and suspend the vehicle licence until such time as such authorised officer or constable is so satisfied:

Provided that, if the authorised officer or constable is not so satisfied before the expiration of a period of two months, the said licence shall, by virtue of this section, be deemed to have been revoked and subsections (2) and (3) of section 60 of this Act shall apply with any necessary modifications.

77 Appeals.

(1)Sections 300 to 302 of the Act of 1936, which relate to appeals, shall have effect as if this Part of this Act were part of that Act.

(2)If any requirement, refusal or other decision of a district council against which a right of appeal is conferred by this Act—

(a)involves the execution of any work or the taking of any action; or

(b)makes it unlawful for any person to carry on a business which he was lawfully carrying on up to the time of the requirement, refusal or decision;

then, until the time for appealing has expired, or, when an appeal is lodged, until the appeal is disposed of or withdrawn or fails for want of prosecution—

(i)no proceedings shall be taken in respect of any failure to execute the work, or take the action; and

(ii)that person may carry on that business.

[[#commentary-c19153991 F154](3)Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.]

[[#commentary-key-99d87615d402fa50d0416049ac6d94ff F155](4)On an appeal under this Part of this Act or an appeal under section 302 of the Act of 1936 as applied by this section, the court is not entitled to entertain any question as to whether—

(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom; or

(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.]

Retrieved from "http://misconductinpublicoffice.org/w/index.php?title=Local_Government_Miscellaneous_Provisions_Act_1976&oldid=17"