Moved by
Lord Bates
107: Schedule 2, page 71, line 22, at end insert—
“(5A) If a licence granted in accordance with subsection (2) or (4) expires, the person to whom it was granted must, within the period of 7 days beginning with the day after that on which it expired, return the licence to the district council which granted the licence.”
108: Schedule 2, page 71, line 27, at end insert “(5A) or”
109: Schedule 2, page 71, line 32, at end insert—
“(8) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (7)(b).
(9) Regulations under subsection (8) may make transitional, transitory or saving provision.
(10) A statutory instrument containing regulations under subsection (8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.””
110: Schedule 2, page 71, line 45, at end insert—
“( ) Section 61 (suspension and revocation of driver’s licences) is amended as follows.”
111: Schedule 2, page 71, line 46, leave out from “In” to “before” and insert “subsection (1)”
112: Schedule 2, page 72, line 4, at end insert—
“( ) After subsection (1) insert—
“(1A) Subsection (1)(aa) does not apply if—
(a) in a case where the driver has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or
(b) in a case where the driver 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.”
( ) After subsection (2) insert—
“(2ZA) The requirement in subsection (2)(a) to return a driver’s badge does not apply in a case where section 62A applies (but see subsection (2) of that section).””
113: Schedule 2, page 72, line 4, at end insert—
“( ) Section 62 (suspension and revocation of operators’ licences) is amended as follows.”
114: Schedule 2, page 72, line 5, leave out from “In” to “before” and insert “subsection (1)”
115: Schedule 2, page 72, line 9, at end insert—
“( ) After subsection (1) insert—
“(1A) Subsection (1)(ca) does not apply if—
(a) in a case where the operator has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or
(b) in a case where the operator 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.””
116: Schedule 2, page 72, line 9, at end insert—
“
After section 62 insert—
“62A Return of licences suspended or revoked on immigration grounds
(1) Subsection (2) applies if—
(a) under section 61 a district council suspend, revoke or refuse to renew the licence of a driver of a hackney carriage or a private hire vehicle on the ground mentioned in subsection (1)(aa) of that section, or
(b) under section 62 a district council suspend, revoke or refuse to renew an operator’s licence on the ground mentioned in subsection (1)(ca) of that section.
(2) The person to whom the licence was granted must, within the period of 7 days beginning with the relevant day, return to the district council—
(a) the licence, and
(b) in the case of a licence of a driver of a hackney carriage or a private hire vehicle, the person’s driver’s badge.
(3) In subsection (2) “the relevant day” means—
(a) where the licence is suspended or revoked, the day on which the suspension or revocation takes effect;
(b) where the district council refuse to renew the licence, the day on which the licence expires as a result of the failure to renew it.
(4) A person who, without reasonable excuse, contravenes subsection (2) is guilty of an offence and liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale, and
(b) in the case of a continuing offence, to a fine not exceeding ten pounds for each day during which an offence continues after conviction.
(5) The Secretary of State may by regulations made by statutory instrument amend the amount for the time being specified in subsection (4)(b).
(6) Regulations under subsection (5) may make transitional, transitory or saving provision.
(7) A statutory instrument containing regulations under subsection (8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.””