Section 85 — Consent requirement for services resembling taxis or private hire vehicles

(1) Subsection (3) applies where—

(a) the appropriate national authority proposes to grant a permit, and

(b) under the proposed permit, an automated passenger service may be provided in a way that would, on the assumptions in subsection (2), require a taxi or private hire vehicle licence.

(2) The assumptions are—

(a) that section 83 does not apply, and

(b) (so far as would not otherwise be the case) that the vehicle in which the service is provided is driven by an individual.

(3) The appropriate national authority may not grant the permit without the consent of each licensing authority in whose area the service may be provided under the proposed permit.

(4) A licensing authority is to be taken to have given such consent if—

(a) the appropriate national authority requests consent in writing, and

(b) within the relevant period, the licensing authority either—

(i) fails to give or refuse consent, or

(ii) refuses consent but fails to give written reasons for doing so.

(5) For the purposes of subsection (4), “the relevant period” is the period of six weeks beginning with the day on which the request is made.

(6) In this section, “taxi or private hire vehicle licence” means a licence under—

(a) section 37 or 46 of the Town Police Clauses Act 1847 (hackney carriages: England and Wales),

(b) section 6 or 8 of the Metropolitan Public Carriage Act 1869 (hackney carriages: London),

(c) section 5, 9 or 13 of the Plymouth City Council Act 1975 (private hire vehicles: Plymouth),

(d) section 48, 51 or 55 of the Local Government (Miscellaneous Provisions) Act 1976 (private hire vehicles: England and Wales),

(e) section 10 or 13 of the Civic Government (Scotland) Act 1982 (taxis and private hire vehicles: Scotland), or

(f) section 3, 7 or 13 of the Private Hire Vehicles (London) Act 1998 (private hire vehicles: London),

and a “licensing authority” means a person who is responsible for granting a licence under any of those provisions.