Taxi Transport across regulatory divides in the face of devolved administration

1. Taxi Transport across regulatory divides in the face of devolved administration James M Cooper Edinburgh Napier University

2. Joint and Separate Histories Changing geographies Changing governments Changing policies Devolution Transport Acts, Traffic Orders, Taxi Specific Legislation, Taxi inclusive legislation, Taxi accidental legislation Urban legislation, city impacts, rural interaction

3. Map Outline UK We will move quickly through the history, and up to date. Step 1: Significant Acts over time 1654 Ordnance for the regulation of Hackney Coachmen An Ordinance for the Regulation of Hackney-Coachmen in London and the places adjacent" was approved by Parliament in 1654, to remedy what it described as the "many Inconveniences [that] do daily arise by reason of the late increase and great irregularity of Hackney Coaches and Hackney Coachmen in London, Westminster and the places thereabouts". From which we get the concept of a restriction on quality, and significantly a restriction on quantity, which we will continue in later discussion Followed quickly in 1662 with the first actual licenses being issued in Westminster determining, amongst other things the size of a horse. In turn leading in 1679 to official conditions of fitness for the horse drawn Hackney. Let us not dwell too much on the seventeenth century, as we have yet to move outside London, but add quickly the 1694 establishment of the Hackney Coach Office, and permanent Hackney Coach Commissioners, and their subsequent dismissal, being abolished by the 1831 London Hackney Carriage Act And a Geo Political change in 1707 with the 1707 Acts of Union creating the United Kingdom including Scotland, and 1800 Acts of Union, the UK including Ireland The 1800s appeared almost as prolific in taxi legislation as the seventeenth century, with the rapid move to control and development. The 1847 Town Police Clauses Act moved taxi issues away from the capital, and still remains in force in some places today. Here we have one of those acts not deliberately aimed at taxis, but having an influence on their operation. It is also noteworthy for its geographical coverage. The act, on enactment, extended to only to such towns or districts in England or Ireland as shall be comprised in any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the town or district which shall be comprised in such Act, and to the commissioners appointed for improving and regulating the same, so far as such clauses shall be applicable thereto respectively, and shall, with the clauses of every other Act which shall be incorporated therewith, form part of such Act, and be construed therewith as forming one Act. To be fully correct we need add that the Town Police Clauses Act 1847 remains in force in England and Wales and makes it illegal to perform certain actions in a public street or other thoroughfare, such as hanging washing, beating carpets, and flying kites. It also regulates in many district council areas of England the local taxi and private-hire trade defining the vehicle type and allocating responsibility for licensing to town authority. 1869 Metropolitan Public Carriage Act No Hackney carriage will ply for hire unless controlled by a licensed driver In 1875 the taxi licensing provisions of the Town Police Clauses Act were extended to all urban, but not rural, districts in England and Wales, whilst in the same year, the 1875 Public health act, not ostensibly taxi legilsation, allowed the application of the same taxi licensing sections to rural communities as well. We are going to take another step from 1800 to the mid 1900s, stopping only to pause for the 1920 Government of Ireland Act, changing our islands� nations slightly. Recent legislation then starts in the 1970s, as the structure of UK governments was to change quite significantly. 1972 Local Government Act reformed control of local government in England and Wales to a two tier system of metropolitan authorities, now city and unitary authorities and districts. It is within these and as a result of the 1976 Local Government (Miscellaneous Provisions) Act that our current Licensing authorities in England and wales have emerged. 1981 Saw the development of regionalised legislation, in Northern Ireland, the 1981 Road Traffic (Northern Ireland Order) allowing for licensing and In 1982 the 1982 Civic Government Scotland Act. Both of which, because of the centralised system then in place required Westminster approval, not as fully devolved, but as regional dependant countries. In 1985 something of a sizemic shift in thinking occurred, with the launch of the 1985 Transport Act. The 1985 Transport Act brought the consideration of the transport role of taxis into play, not merely its licensing. Here then something quite exciting, that the taxi appears in a transport act. Admittedly its inclusion of taxis is limited to a need to include taxi thinking in local transport plans, and in the desire to encourage innovation in some forms of taxi operation, including taxi bus, of which more later. Taxi licensing is, under the 1985 act, a legislated requirement across England and Wales. We also see another interesting shift, that Scottish legislation, presently the Civic Government Scotland Act, is also amended under to account for the inclusion of wider application of Westminster laws. More exciting still, devolution, from 1998 with the 1998 Scotland Act creating a parliament in Edinburgh, The 1998 Government of Wales Act creating an assembly in Cardiff, and The 1998 Government of Northern Ireland Act, creating a devolved assembly at Stormont. It is from this point that we bring a more localised decision making to the nations of the UK, and being bang up to date, more or less anyway. We will shortly look at the impacts of the devolved governments themselves, but add at this point that the presence of devloved administrations does not preclude the influence of Westminster laws, some of which relate to reserved matters, and some of which have specific applications in the nations of the UK. To illustrate, and immediately post devolution we see the application of the Transport Act 200, applied to England and Wales; followed directly by the Transport Act (Scotland) 2001. And Taxi Licensing Best Practice Guidance produced by the Department for Transport in Westminster in 2006, which applies to England and Wales, similarly appearing in Scotland in the 2007 Taxi licensing best practice guidance. These are effectively carbon copies of the same legislation. Also visible, acts with cross cutting impacts, such as the 2008 Local Transport Act, which while remaining predominantly about England, has application in some of its clauses to other parts of the UK< including providing the base of 2011 Best Practice Guidance in Scotland, for the use of PHCs that is Scottish PHVs in local bus services, Map Outline UK We will move quickly through the history, and up to date. Step 1: Significant Acts over time 1654 Ordnance for the regulation of Hackney Coachmen An Ordinance for the Regulation of Hackney-Coachmen in London and the places adjacent" was approved by Parliament in 1654, to remedy what it described as the "many Inconveniences [that] do daily arise by reason of the late increase and great irregularity of Hackney Coaches and Hackney Coachmen in London, Westminster and the places thereabouts". From which we get the concept of a restriction on quality, and significantly a restriction on quantity, which we will continue in later discussion Followed quickly in 1662 with the first actual licenses being issued in Westminster determining, amongst other things the size of a horse. In turn leading in 1679 to official conditions of fitness for the horse drawn Hackney. Let us not dwell too much on the seventeenth century, as we have yet to move outside London, but add quickly the 1694 establishment of the Hackney Coach Office, and permanent Hackney Coach Commissioners, and their subsequent dismissal, being abolished by the 1831 London Hackney Carriage Act And a Geo Political change in 1707 with the 1707 Acts of Union creating the United Kingdom including Scotland, and 1800 Acts of Union, the UK including Ireland The 1800s appeared almost as prolific in taxi legislation as the seventeenth century, with the rapid move to control and development. The 1847 Town Police Clauses Act moved taxi issues away from the capital, and still remains in force in some places today. Here we have one of those acts not deliberately aimed at taxis, but having an influence on their operation. It is also noteworthy for its geographical coverage. The act, on enactment, extended to only to such towns or districts in England or Ireland as shall be comprised in any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the town or district which shall be comprised in such Act, and to the commissioners appointed for improving and regulating the same, so far as such clauses shall be applicable thereto respectively, and shall, with the clauses of every other Act which shall be incorporated therewith, form part of such Act, and be construed therewith as forming one Act. To be fully correct we need add that the Town Police Clauses Act 1847 remains in force in England and Wales and makes it illegal to perform certain actions in a public street or other thoroughfare, such as hanging washing, beating carpets, and flying kites. It also regulates in many district council areas of England the local taxi and private-hire trade defining the vehicle type and allocating responsibility for licensing to town authority. 1869 Metropolitan Public Carriage Act No Hackney carriage will ply for hire unless controlled by a licensed driver In 1875 the taxi licensing provisions of the Town Police Clauses Act were extended to all urban, but not rural, districts in England and Wales, whilst in the same year, the 1875 Public health act, not ostensibly taxi legilsation, allowed the application of the same taxi licensing sections to rural communities as well. We are going to take another step from 1800 to the mid 1900s, stopping only to pause for the 1920 Government of Ireland Act, changing our islands� nations slightly. Recent legislation then starts in the 1970s, as the structure of UK governments was to change quite significantly. 1972 Local Government Act reformed control of local government in England and Wales to a two tier system of metropolitan authorities, now city and unitary authorities and districts. It is within these and as a result of the 1976 Local Government (Miscellaneous Provisions) Act that our current Licensing authorities in England and wales have emerged. 1981 Saw the development of regionalised legislation, in Northern Ireland, the 1981 Road Traffic (Northern Ireland Order) allowing for licensing and In 1982 the 1982 Civic Government Scotland Act. Both of which, because of the centralised system then in place required Westminster approval, not as fully devolved, but as regional dependant countries. In 1985 something of a sizemic shift in thinking occurred, with the launch of the 1985 Transport Act. The 1985 Transport Act brought the consideration of the transport role of taxis into play, not merely its licensing. Here then something quite exciting, that the taxi appears in a transport act. Admittedly its inclusion of taxis is limited to a need to include taxi thinking in local transport plans, and in the desire to encourage innovation in some forms of taxi operation, including taxi bus, of which more later. Taxi licensing is, under the 1985 act, a legislated requirement across England and Wales. We also see another interesting shift, that Scottish legislation, presently the Civic Government Scotland Act, is also amended under to account for the inclusion of wider application of Westminster laws. More exciting still, devolution, from 1998 with the 1998 Scotland Act creating a parliament in Edinburgh, The 1998 Government of Wales Act creating an assembly in Cardiff, and The 1998 Government of Northern Ireland Act, creating a devolved assembly at Stormont. It is from this point that we bring a more localised decision making to the nations of the UK, and being bang up to date, more or less anyway. We will shortly look at the impacts of the devolved governments themselves, but add at this point that the presence of devloved administrations does not preclude the influence of Westminster laws, some of which relate to reserved matters, and some of which have specific applications in the nations of the UK. To illustrate, and immediately post devolution we see the application of the Transport Act 200, applied to England and Wales; followed directly by the Transport Act (Scotland) 2001. And Taxi Licensing Best Practice Guidance produced by the Department for Transport in Westminster in 2006, which applies to England and Wales, similarly appearing in Scotland in the 2007 Taxi licensing best practice guidance. These are effectively carbon copies of the same legislation. Also visible, acts with cross cutting impacts, such as the 2008 Local Transport Act, which while remaining predominantly about England, has application in some of its clauses to other parts of the UK< including providing the base of 2011 Best Practice Guidance in Scotland, for the use of PHCs that is Scottish PHVs in local bus services,

4. Devolved Matters Health Education Local Government Social Work Housing Planning Tourism Economic development Some Transport Courts and legal system Police and Fire Services Environment Natural and built heritage Agriculture, forestry and fishing Sport and the Arts Public Registers and Records

5. Reserved Matters Constitutional Matters UK Foreign Policy Defence National Security Common Markets Trade and Industry Some Transport Employment Law Social Security Gambling and National Lottery Data Protection Abortion Equal Opportunities Broadcasting/Entertainment Guns and weapons Drug Laws Energy � coal, gas, oil, electricity and nuclear energy

6. Since Devolution In Scotland: Transport (Scotland) Act 2001 Local Transport Authorities to provide information on available services, including facilities being supplied (accessibility etc) Travel concession schemes Disabled person�s transport needs Transport (Scotland) Act 2005 Strengthening of Regional Transport Partnerships (TP). TPs to draw up a strategy for transport to include Social and economic well being, Public Safety Social Inclusion Equal Opportunities Access to hospitals/medical Integrate with transport elsewhere Transfer to Scotland of certain rail provisions

7. Taxi and Private Hire Car Licensing, Best Practice for Licensing Authorities (2007) The Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 Taxi and Private Hire Car Licensing, Best Practice of Licensing Authorities (2011) Consultation Encourages: Flexible Transport Services Encourages Taxibuses (Section 12, Transport Act 1985) Encourages PHC Local Bus Services (Section 53 of the Local Transport Act 2008) Encourages Shared Taxis (Section 14, Transport Act 1985)