Commentary on Sections Enforcement
Part 5 makes provision for the enforcement of the Act.
Section 37 provides for the service of an enforcement notice on a taxi operator who is considered to have failed to comply with certain duties imposed on him by section 3 of the Act.  The notice will state the remedial action that is necessary and failure to comply will be an offence.  The section also provides for an appeal procedure.  Failure to comply with an enforcement notice will be an offence.
Powers of entry and inspection of operating centres for specified purposes are provided to police and authorised officers under section 38.  The section also provides for the entry, under warrant, of premises where it is suspected that a person is operating a taxi service without an operator’s licence
Section 39 provides power for police and authorised officers to stop and examine licensed taxis and, if necessary, to ensure other arrangements are put in place for the conveyance of the passengers.  It will be an offence for a driver to fail to make alternative arrangements for the conveyance of passengers.  Section 40 allows the police or authorised officers to stop other vehicles that they have reason to believe are being used to provide taxi services.  Such officers may require production of information and documents relating to the use of the vehicle in certain, specified circumstances.
In section 41 police and authorised officers are provided with power to seize and remove a vehicle that he suspects is being used without a proper licence under section 12 of the Act.  A vehicle that fails to stop may be seized later and powers of entry to premises are provided for this purpose.  Section 42 allows the Secretary of State to make regulations in respect of vehicles and equipment that have been seized and such regulations must be in place before the powers of seizure come into operation.
An offence of soliciting (touting) for taxi services is created in section 43, while section 44 deals with the offence of providing false information in seeking a licence or of forging or altering a licence, plate, disc, badge etc.  Any such document may be seized by a police officer or authorised officer.  Obstruction of an officer will be an offence under section 45.  Failure to comply with a request of an officer or failure to assist or give information or knowingly to make a false statement will also be offences.