Transport Act 1985

13 Provisions supplementary to sections 10 to 12.E+W+S

(1)[F1The appropriate authority] may by order make such modifications of the taxi code and the hire car code as [F2it] sees fit for the purpose of supplementing the provisions of sections 10 to 12 of this Act.

(2)Any order made under subsection (1) above may, in particular, modify any provision—

(a)relating to fares payable by the hirer of a vehicle;

(b)requiring the driver of any vehicle to accept any hiring, or to drive at the direction of a hirer, or (as the case may be) of a prospective hirer, to any place within or not exceeding any specified distance or for any period of time not exceeding a specified period from the time of hiring;

(c)making the carriage of additional passengers in any vehicle which is currently subject to a hiring dependent on the consent of the hirer.

(3)In this section, and in sections 10 to 12 of this Act—

• [F3“the appropriate authority” means—

  (a) in relation to—

  (i) a taxi licensed under section 37 of the Town Police Clauses Act 1847 or any similar enactment which applies outside the London taxi area,

  (ii) a licensed hire car licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976, or

  (iii) a taxi or private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982,

  the Secretary of State;

  (b) in relation to—

  (i) a taxi licensed under section 6 of the Metropolitan Public Carriage Act 1869, or

  (ii) a licensed hire car licensed under section 7 of the Private Hire Vehicles (London) Act 1998,

  Transport for London;]

• “licenced taxi” means—

  (a) in England and Wales, a vehicle licensed under—

  (i) section 37 of the M1Town Police Clauses Act 1847; or

  (ii) section 6 of the M2Metropolitan Public Carriage Act 1869;

  or under any similar enactment; and

  (b) in Scotland, a taxi licensed under section 10 of the M3Civic Government (Scotland) Act 1982;

• “London taxi area” means the area to which the Metropolitan Public Carriage Act 1869 applies;

• [F4“licensed hire car” means—

  (a) in England and Wales—

  (i) for the purposes of section 11 of this Act, a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998,

  (ii) for the purposes of section 12 of this Act, a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

  (b) in Scotland, a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;]

• “hire car code”, in relation to a licensed hire car used as mentioned in section 11 [F5or 12] of this Act, means those provisions made by or under any enactment which would apply if it were hired by a single passenger for his exclusive use;

• “related enactment”, in relation to the 1981 Act, means any statutory provision (whenever passed or made) relating to public service vehicles in which “public service vehicle” is defined directly or indirectly by reference to the provisions of the 1981 Act;

• “taxi code”, in relation to any licensed taxi used as mentioned in section 10, 11 or 12 of this Act, means—

  (a) in England and Wales, those provisions made by or under any enactment which would apply if the vehicle were plying for hire and were hired by a single passenger for his exclusive use; and

  (b) in Scotland, the provisions of sections 10 to 23 of the M4Civic Government (Scotland) Act 1982, and Part I of that Act as it applies to these provisions; and

• “taxi licence” means a licence under section 6 of the M5Metropolitan Public Carriage Act 1869, section 37 of the M6Town Police Clauses Act 1847 or any similar enactment, or a taxi licence under section 10 of the Civic Government (Scotland) Act 1982.

• [F6"relevant licence " means—

  (a) in relation to a licensed taxi, a taxi licence, and

  (b) in relation to a licensed hire car, a private hire vehicle licence;

• “private hire vehicle licence” means—

  in England and Wales, a licence under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

  in Scotland, a private hire car licence under section 10 of the Civic Government (Scotland) Act 1982.]

(4)Any order made under subsection (1) above may contain such supplementary, incidental, consequential and transitional provisions (including provisions modifying any enactment contained in any Act other than this Act) as appear to the Secretary of State to be necessary or expedient in consequence of any modification of the taxi code or the private hire car code made by the order.

[F7(5)The power to make an order under subsection (1) for the purpose of supplementing section 10 or 11, so far as exercisable in relation to Wales, is exercisable by the Welsh Ministers (and not by the Secretary of State); and the reference to the Secretary of State in subsection (4) is to be read accordingly.]