Regulation 16 Power to vary, suspend or revoke licencesI1

England and Wales

(1)

TfL may vary, suspend or revoke a London pedicab driver’s licence if it appears to TfL that there has been a breach of any of the terms, requirements or conditions of the licence.

(2)

Without affecting paragraph (1), the grounds on which TfL may vary, suspend or revoke a London pedicab driver’s licence includes the matters set out in paragraphs (3) to (5) below.

(3)

TfL may suspend or revoke a London pedicab driver’s licence where—

(a)

the licence holder has, since the grant of the licence, been arrested and released, charged, cautioned or convicted in connection with a criminal offence;

(b)

TfL is no longer satisfied that the licence holder is a fit and proper person to hold such a licence; or

(c)

the licence holder has, since the grant of the licence, been convicted of an immigration offence or required to pay an immigration penalty.

(4)

TfL may suspend or revoke a London pedicab driver’s licence if it appears to it that—

(a)

in the course of the application for the licence any person either supplied information to TfL which was false or misleading or failed to supply information; or

(b)

during the period for which the licence has been granted under regulation 4(2) the licence holder has failed to notify TfL of any change in the information supplied to it with the application for the licence,

and if the correct information or change in information had been supplied TfL would have, or it is likely TfL would have, refused to grant the licence or granted the licence on different terms.

(5)

TfL may vary, suspend or revoke a London pedicab driver’s licence if it appears to TfL that the licence ought to be varied, suspended or revoked—

(a)

if the licence holder has failed to comply with any terms, requirements or conditions of the licence or any other obligation imposed on him under these Regulations; or

(b)

for any other reason that TfL considers to be relevant.

(6)

Paragraph (3)(c) does not apply if—

(a)

in a case where the licence holder has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974^f1; or

(b)

in a case where the licence holder has been required to pay an immigration penalty—

(i)

more than three years have elapsed since the date on which the penalty was imposed; and

(ii)

the amount of the penalty has been paid in full.

(7)

A person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)

the person is excused payment by virtue of section 15(3) of that Act; or

(b)

the penalty is cancelled by virtue of section 16 or 17 of that Act.

(8)

A person to whom a penalty notice under section 15 of the 2006 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)

the period for giving a notice of objection under section 16 of that Act has expired and the Secretary of State has considered any notice given within that period; and

(b)

if a notice of objection was given within that period, the period for appealing under section 17 of that Act has expired and any appeal brought within that period has been finally determined, abandoned or withdrawn.

(9)

A person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty if—

(a)

the person is excused payment by virtue of section 24 of that Act; or

(b)

the penalty is cancelled by virtue of section 29 or 30 of that Act.

(10)

A person to whom a penalty notice under section 23 of the 2014 Act has been given is not to be treated as having been required to pay an immigration penalty until such time as—

(a)

the period for giving a notice of objection under section 29 of that Act has expired and the Secretary of State has considered any notice given within that period; and

(b)

if a notice of objection was given within that period, the period for appealing under section 30 of that Act has expired and any appeal brough within that period has been finally determined, abandoned or withdrawn.

Regulation 16 Power to vary, suspend or revoke licencesI1

Annotations

Commencement

Footnotes