Explanatory note

Sections 10 and 11 of the Transport Act 1985 contain provisions for the hiring of taxis at separate fares. This Order modifies the taxi code (defined in section 13(3) of the Act) in its application to taxis licensed under section 37 of the Town Police Clauses Act 1847 while being used subject to those sections. The Order does not apply to London taxis which are licensed under section 6 of the Metropolitan Public Carriage Act 1869 (c. 115), or to taxis licensed in Scotland under section 10 of the Civic Government (Scotland) Act 1982 (c. 45).

The modifications to the taxi code include the disapplication of provisions—

1. in so far as they prohibit the driver from touting orally for passengers to share the taxi with a passenger who has requested a service at separate fares (articles 4(3)(a));

2. regarding fares in section 54-58 of the Town Police Clauses Act 1847, sections 66 and 67 of the Local Government (Miscellaneous Provisions) Act 1976, byelaws, conditions attached to licences, or a table having effect or if included in byelaws (article 4(3)(b)(i), (c), (d) and (e));

3. regarding obligatory hirings in section 53 of the 1847 Act, byelaws or conditions attached to licences (article 4(3)(b)(iii) and (d));

4. regarding the number of passengers to be carried and the hirer's consent to passengers in sections 52 and 59 of the 1847 Act (article 4(1) and (3)(d));

5. regarding use of taxi meters and luggage required to be carried in byelaws and conditions attached to licences (article 4(3)(b)(ii), and (iv)); and

6. contained in, or made under, local Acts which correspond with provisions more specifically disapplied.