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Power to suspend or revoke licences. |
16. - (1) The Secretary of State may suspend or revoke a licence under this Act for any reasonable cause including (without prejudice to the generality of this subsection) any ground mentioned below. |
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(2) A London PHV operator's licence may be suspended or revoked where- |
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(a) the Secretary of State is no longer satisfied that the licence holder is fit to hold such a licence; or |
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(b) the licence holder has failed to comply with any condition of the licence or any other obligation imposed on him by or under this Act. |
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(3) A London PHV licence may be suspended or revoked where- |
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(a) the Secretary of State is no longer satisfied that the vehicle to which it relates is fit for use as a private hire vehicle; or |
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(b) the owner has failed to comply with any condition of the licence or any other obligation imposed on him by or under this Act. |
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(4) A London PHV driver's licence may be suspended or revoked where- |
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(a) the licence holder has, since the grant of the licence, been convicted of an offence involving dishonesty, indecency or violence; |
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(b) the Secretary of State is for any other reason no longer satisfied that the licence holder is fit to hold such a licence; or |
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(c) the licence holder has failed to comply with any condition of the licence or any other obligation imposed on him by or under this Act. |
Suspension and revocation under section 16: procedure. |
17. - (1) Where the Secretary of State has decided to suspend or revoke a licence under section 16- |
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(a) he shall give notice of the decision and the grounds for the decision to the licence holder or, in the case of a London PHV licence, the owner of the vehicle to which the licence relates; and |
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(b) the suspension or revocation takes effect at the end of the period of 21 days beginning with the day on which that notice is served on the licence holder or the owner. |
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(2) If the Secretary of State is of the opinion that the interests of public safety require the suspension or revocation of a licence to have immediate effect, and he includes a statement of that opinion and the reasons for it in the notice of suspension or revocation, the suspension or revocation takes effect when the notice is served on the licence holder or vehicle owner (as the case may be). |
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(3) A licence suspended under this section shall remain suspended until such time as the Secretary of State by notice directs that the licence is again in force. |
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(4) The holder of a London PHV operator's or driver's licence, or the owner of a vehicle to which a PHV licence relates, may appeal to a magistrates' court against a decision under section 16 to suspend or revoke that licence. |
Variation of operator's licence at the request of the operator. |
18. - (1) The Secretary of State may, on the application of a London PHV operator, vary his licence by adding a reference to a new operating centre or removing an existing reference to an operating centre. |
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(2) An application for the variation of a licence under this section shall be made in such form, and include such declarations and information, as the Secretary of State may require. |
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(3) The Secretary of State may require an applicant to furnish such further information as he may consider necessary for dealing with the application. |
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(4) The Secretary of State shall not add a reference to a new operating centre unless he is satisfied that the premises in question meet any requirements prescribed under section 3(3)(b). |
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(5) An applicant for the variation of a London PHV operator's licence under this section may appeal to a magistrates' court against a decision not to add a new operating centre to the licence. |
Variation of operator's licence by Secretary of State. |
19. - (1) The Secretary of State may- |
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(a) suspend the operation of a London PHV operator's licence so far as relating to any operating centre specified in the licence; or |
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(b) vary such a licence by removing a reference to an operating centre previously specified in the licence, |
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if he is no longer satisfied that the operating centre in question meets any requirements prescribed under section 3(3)(b) or for any other reasonable cause. |
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(2) Where the Secretary of State has decided to suspend the operation of a licence as mentioned in subsection (1)(a) or vary a licence as mentioned in subsection (1)(b)- |
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(a) he shall give notice of the decision and the grounds for it to the licence holder; and |
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(b) the decision shall take effect at the end of the period of 21 days beginning with the day on which the licence holder is served with that notice. |
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(3) If the Secretary of State is of the opinion that the interests of public safety require his decision to have immediate effect, and he includes a statement of that opinion and the reasons for it in the notice, his decision shall take effect when the notice is served on the licence holder. |
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(4) If a licence is suspended in relation to an operating centre, the premises in question shall not be regarded for the purposes of this Act as premises at which the licence holder is authorised to accept private hire bookings, until such time as the Secretary of State by notice states that the licence is no longer suspended in relation to those premises. |
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(5) The holder of a London PHV operator's licence may appeal to a magistrates' court against a decision under subsection (1). |
Fees for grant of licences, etc. |
20. - (1) The Secretary of State may by regulations provide for prescribed fees to be payable- |
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(a) by an applicant for a licence under this Act, or for the variation of a London operator's licence under section 18, on making the application; |
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(b) by a person granted a licence or variation, on the grant or variation of the licence and (if the regulations so provide) at such times while the licence is in force as may be prescribed. |
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(2) Regulations under this section may provide for fees to be payable by instalments, or for fees to be remitted or refunded (in whole or part), in prescribed cases. |
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(3) The Secretary of State may decline to proceed with- |
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(a) an application for, or for the variation of, a licence; or |
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(b) the grant or variation of a licence, |
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until any prescribed fee (or instalment) due in respect of the application or grant is paid. |