Amendment 120A - Moved by Baroness Wilkins:

120A: After Clause 159, insert the following new Clause-

"Control of numbers of licensed taxis: exception
(1) This section applies if-

(a) an application for a licence in respect of a vehicle is made under section 37 of the Town Police Clauses Act 1847,

(b) it is possible for a disabled person-
(i) to get into and out of the vehicle in safety,
(ii) to travel in the vehicle in safety and reasonable comfort, and
(iii) to do the things mentioned in sub-paragraphs (i) and (ii) while in a wheelchair of a size specified in regulations made by the Secretary of State, and

(c) the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is specified in regulations made by the Secretary of State.

(2) Section 16 of the Transport Act 1985 (which modifies the provisions of the Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply for hire to be refused in order to limit the number of licensed carriages) does not apply in relation to the vehicle; and those provisions of the Town Police Clauses Act 1847 are to have effect subject to this section.

(3) In section 16 of the Transport Act 1985, after "shall" insert "(subject to section (Control of numbers of licensed taxis: exception) of the Equality Act 2010)"."

Amendment 120A agreed.


Speaking in Parliament, Baroness Wilkins said:
“The proposed new clause would mean that taxi-licensing authorities which have a policy of controlling taxi numbers could not refuse to grant a taxi licence for a wheelchair-accessible vehicle if fewer than a prescribed proportion of taxis in the district were wheelchair-accessible.

At present, a taxi-licensing authority outside London can refuse to grant a licence if it is satisfied that there is no significant unmet need for taxi services in the district. As a result, a licensing authority with a quantity-control policy and relatively few or no accessible taxis in its fleet can refuse applications for wheelchair-accessible vehicles....

The new clause would mean that a licensing authority could not refuse to grant a licence for any wheelchair-accessible vehicle if it had fewer than a prescribed proportion of accessible taxis in the district. The proportion of accessible taxis would be prescribed by the Secretary of State following economic assessment and consultation. The provision of accessible transport is essential for equality of opportunity.”