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Taxis: Licensing

Answer

The Immigration Act 2016 prevents illegal working in the taxi and private hire vehicle sector, as either a driver or an operator. Licensing authorities are prohibited from issuing a licence to anyone who is disqualified by reason of their immigration status, and they discharge their duty by conducting immigration checks.

Being disqualified from holding a licence by reason of their immigration status means that the person is in the UK illegally, is not permitted to work, or is permitted to work, but is subject to a condition that prohibits them from holding a licence in this sector.

The requirement to check the immigration status of licence applicants is in addition to the ‘fit and proper’ test.

The Disclosure and Barring Service (DBS) provides access to criminal record information through its disclosure service. As at 1 April 2024, all authorities in England required an enhanced DBS security check for all drivers as part of their ‘fit and proper’ test. The statutory guidance issued by the Department for Transport to licensing authorities in 2020 recommends that when an individual has spent an extended period (3 or more continuous months) outside the UK, licensing authorities should seek or require applicants to provide where possible criminal records information or a certificate of good character from overseas to properly assess risk and support its decision-making process. This enables licensing authorities to make an informed decision when considering if a person is ‘fit and proper’ to hold a taxi or private hire vehicle driver.

Secondary information

Type

Written question

Reference

63186

Session

2024-26

Subjects

Databases Licensing Immigration Offenders Taxis

Link

View this Written question on www.parliament.uk