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Guidance Note 1: Selection & Erection (Electrical Regulations)

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Consultation on changes to Statutory Guidance under section 215 of the Housing and Regeneration Act 2008 You are required to give a copy of the application, including the accompanying documentation, to the ‘responsible authorities’ on the same day as the application is given to the relevant licensing authority. Responsible authorities are the public bodies that are entitled to make representations to the licensing authority in relation to an application. Any representations must be about the likely effect of granting the application on the promotion of the licensing objectives. The responsible authorities include the following, for the area in which the premises are situated: 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;

A key characteristic of a typical private hire vehicle operator and driver is that they would usually charge a fare at a commercial rate that will generate a profit. The department considers that most informal courtesy lifts offered by, for example, rental car companies or garages would not fall within the private hire vehicle licensing regime. If the driver or the operating organisation / person would usually derive a commercial benefit, it should be subject to further scrutiny. Taking account of the principles set out in part one of this guidance note, the department considers that rental car companies/garages should not be licensed because: As a result of a tightening market for Professional Indemnity Insurance (PII), some firms are unable to meet the long-established PII requirements in the procurement templates published under the Capital Works Management Framework (CWMF), and thus are unable to participate in public procurement competitions.

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Accordingly, if the driver of a vehicle used for carrying passengers is doing no more than collecting expenses, then the vehicle should not, in the department’s view, be subject to private hire vehicle licensing. In offering advice about what is and what is not a private hire vehicle, the department considers that there are some key principles which should underpin the decision-making process. the failure has resulted in a serious detriment to the provider’s tenants (or potential tenants); or The definition of “operate” in relation to private hire vehicles outside of London means “in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle”. The department considers that volunteer services are unlikely to be run in the course of a business and therefore will not require licensing.

Whilst the cap has been removed, the regulator is mindful of its duties to minimise interference and so far as possible be proportionate when deciding whether to impose and the amount of the penalty, taking into account the registered provider’s individual circumstances. Appointment of manager advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not Any exhibition of moving pictures except where its sole or main purpose is to demonstrate a product, advertise goods or services or provide information, education or instruction, or if it consists or forms part of an exhibit put on show for any purposes of a museum or art gallery. The use of television or radio receivers is not licensable, except for the showing of pre-recorded programmes. Box C: indoor sporting event The amendments to the guidance will help to ensure that the regulator is exercising its functions in a way that is transparent, by helping small registered providers to understand the regulatory framework around the use of our powers Equality and diversity analysis

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Taking account of the principles set out in part one of this guidance note, the department considers that in most cases volunteer drivers should not be licensed because: We regulate registered providers of social housing in England to promote a viable, efficient and well-governed social housing sector, able to deliver and maintain homes of appropriate quality that meet a range of needs. Registered providers include non-profit organisations such as housing associations and co-operatives, profit-making registered providers, and local authorities. If carrying passengers is a main part, or an obviously separate and identifiable part, the service is more likely to require further scrutiny.

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