taxitone wrote:
Are hackney carriage under the 1976 lgmpa or is that for ph only
It's for the good side of the hackney carriage trade, the bad side come under the 1847 act.
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| Author: | grandad [ Fri Sep 20, 2013 7:49 am ] |
| Post subject: | 1976 act |
According to the 1976 act (3) A council shall not pass a resolution in pursuance of the foregoing subsection unless they have — (a) published in two consecutive weeks, in a local newspaper circulating in their area, notice of their intention to pass the resolution; and (b) served a copy of the notice, not later than the date on which it is first published in pursuance of the foregoing paragraph, on the council of each parish or community which would be affected by the resolution or, in the case of such a parish which has no parish council, on the chairman of the parish meeting. Our council have sent me a letter the contents are below. Please see below the response to your enquiry: The date upon which Melton Borough Council passed the resolution to adopt the local government (miscellaneous provisions)act 1976 with regard to Hackney Carriages and Private Hire vehicles On 7th January 1981 by the Environment Committee, and adopted by Full Council on 25th February 1981 A copy of the minutes for the said meeting? Please see attached a copy of the minutes for concerned , from 1980/81. The minutes referred to above are Environment Committee (minute 682) and its adoption by Full Council (minute 813) I trust the above is of assistance. I have looked through the public notices in the local press from January 1st 1981 to April 30th 1981 and there were no notices in the public notices section of the papers. I shall go back to the library later and check the papers from November 1st 1980 to December 31st 1980. based on the dates that the resolution was passed by the council, should these search dates cover the publication of the notice? |
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| Author: | roythebus [ Fri Sep 20, 2013 9:02 am ] |
| Post subject: | Re: 1976 act |
I would refer you to the case of Vale of Aylesbury DC-v-Call a Cab. that case was won on those grounds, but I read is subject to appeal. I suspect my recent victory on the age-related case was won because my DC had not published the required information. they back-tracked very quickly once they were told of the VADC case! They did forward me the copy of the minutes of the meeting, but "lost the records" of which papers they would have published the notices in; my local town council does not have a record of such notice in their archive, which happens to be very complete. Here's a tin opener for your can of worms... |
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| Author: | mancityfan [ Wed Sep 25, 2013 11:03 am ] |
| Post subject: | Re: 1976 act |
roythebus wrote: I would refer you to the case of Vale of Aylesbury DC-v-Call a Cab. that case was won on those grounds, but I read is subject to appeal. I suspect my recent victory on the age-related case was won because my DC had not published the required information. they back-tracked very quickly once they were told of the VADC case! They did forward me the copy of the minutes of the meeting, but "lost the records" of which papers they would have published the notices in; my local town council does not have a record of such notice in their archive, which happens to be very complete. Here's a tin opener for your can of worms... Have you read nottingham vs abbey cars? Also all the areas that have de zoned? Durham springs to mind, will have to re adopt the 76 act? I bet there are loads that have not? |
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| Author: | grandad [ Thu Sep 26, 2013 11:57 am ] |
| Post subject: | Re: 1976 act |
I have now checked the public notices from September 1980 to April 1981 and I can't find any notice regarding the adoption of the 1976 act. Who do I go to now? Do I go to the council and ask them which issues the notice was in just to see what they say or does anyone know what procedure I should now follow? |
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| Author: | roythebus [ Thu Sep 26, 2013 7:37 pm ] |
| Post subject: | Re: 1976 act |
Try a Freedom of Information Act request. I asked the same question of Shepway DC; they said at first they'd not kept copies of the records, but hey presto, come court hearing date and there they were. However, ask for a copy of what councils they circulated the notices to and they've not been kept! Maybe that's why I won my case? Try also the local papers that accept such official notices, town and parish councils; I know for a fact my town council does not have such notices as they are all meticulously kept! |
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| Author: | taxitone [ Thu Oct 10, 2013 5:09 pm ] |
| Post subject: | Re: 1976 act |
Are hackney carriage under the 1976 lgmpa or is that for ph only |
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| Author: | captain cab [ Thu Oct 10, 2013 6:47 pm ] |
| Post subject: | Re: 1976 act |
taxitone wrote: Are hackney carriage under the 1976 lgmpa or is that for ph only it covers both |
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| Author: | Sussex [ Fri Oct 11, 2013 8:57 am ] |
| Post subject: | Re: 1976 act |
taxitone wrote: Are hackney carriage under the 1976 lgmpa or is that for ph only It's for the good side of the hackney carriage trade, the bad side come under the 1847 act.
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| Author: | jogra4 [ Fri Oct 11, 2013 7:22 pm ] |
| Post subject: | Re: 1976 act |
so if you revert to hackney only you are still covered by the lgmpa ......i read somewhere but cant remember where that if you are only hackney then the tpca is the act which governs you......or maybe it was a bad batch of magic mushrooms lol |
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| Author: | Sussex [ Sat Oct 12, 2013 7:07 pm ] |
| Post subject: | Re: 1976 act |
jogra4 wrote: so if you revert to hackney only you are still covered by the lgmpa ......i read somewhere but cant remember where that if you are only hackney then the tpca is the act which governs you......or maybe it was a bad batch of magic mushrooms lol I was taking the pi** with my previous comment. Basically all (or nearly all) of PH rules and regs come out of the 1976 act. Many of the hackneys rules and regs also come out of the 1976 act, but many don't. In short it depends which bit relates to which act. Hopefully the 2056 Cab Act will rectify things. 
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| Author: | grandad [ Sun Oct 13, 2013 8:58 am ] |
| Post subject: | Re: 1976 act |
Sussex wrote: Hopefully the 2056 Cab Act will rectify things. Nice one. 
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