Guidance Note 1: Selection & Erection (Electrical Regulations)

Product Information

As mentioned in part one of this guidance, licensing authorities should make a balanced and fair assessment of whether or not a ‘commercial benefit’ is derived in any particular case, rather than taking a strict and inflexible approach to this question. If the driver or the operating organisation / person would usually derive a commercial benefit, it should be subject to further scrutiny. Except in box C (indoor sport) you are asked to indicate whether the activity is taking place indoors, outdoors or both. Indoors may include a tent.

It should be stressed that this is the department’s view of what the law means; it represents our best effort to clarify issues which have not been clarified by the courts. We recognise that in due course the courts might interpret the law differently from the view set out in this guidance note. In those circumstances, we would look again at this guidance note. We have undertaken a business engagement assessment of the proposals in this consultation (Annex 3). This aims to assess and quantify the impact of our proposals on business and includes consideration of any implications of the proposals in relation to equality and diversity. Undertaking and publishing such an assessment is intended to demonstrate that decision-making is transparent and accountable. In general terms the department considers that these services should not fall within the private hire vehicle licensing regime, but we recognise that there might be services where these characteristics do not feature and they are simply a private hire vehicle operator which has decided to serve a niche market. An assessment of whether or not the service derives a commercial benefit can be equally applied to any organisation acting as an operator of the service as well as a driver. However, in the department’s opinion, case law in this area allows licensing authorities to form a balanced and fair view of whether a vehicle is being provided for hire rather than taking a strict and inflexible approach to remote or minor consequential commercial benefits. Question 2: Is carrying passengers in a vehicle with fewer than 9 passenger seats an ancillary part, or a main part, of the overall service? Allowing the regulator to exercise some enforcement powers where there has been a failure to meet a standard under the 2008 Act, or there is a risk there will be a failure to meet a standard.It may well be the case that the drivers’ customer care obligations go slightly beyond the requirements associated with a conventional private hire driver, but the essential nature of the work is to provide transport from ‘A’ to ’B’. a vehicle constructed or adapted to seat fewer than nine passengers which is made available with a driver for hire for the purpose of carrying passengers, other than a licensed taxi or a public service vehicle;

Please do not share sensitive personal data (e.g. health information), information that identifies other individuals, or any information in your response which you would not be happy for us to make publicly available. The issue of insurance does not feature in this guidance note as relevant to the question of whether or not a particular service falls within the private hire vehicle licensing regime. However, the department views correct insurance cover as an extremely important issue which may, of course, be affected by an assessment of whether or not a particular service is operating within the private hire vehicle regime. Add to quote” – this option allows to you gather items together and ask us for a no obligation quote. We’ll do our best to improve our already competitive prices where possible.enabling the authorised person to be accompanied by other persons they consider necessary to complete the survey, and fixed structures (including furniture) or similar objects temporarily in a fixed location (but not furniture) which may impact on the ability of individuals on the premises to use exits or escape routes without impediment We believe there to be negligible impact on the regulatory burden because the changes are principally related to wording and do not fundamentally alter existing regulatory expectations in this area. Why is the change proposed? Evidence of the current problem? I run a country show which has a beer tent. Do I have to put the total number of people at the show in this section?