Legal advice
Request ID: FOI-1124-1718
Date published: 25 October 2017
You asked
The Regulators Code section 5.1 states-
Regulators should provide advice and guidance that is focused on assisting those they regulate to understand and meet their responsibilities. When providing advice and guidance, legal requirements should be distinguished from suggested good practice and the impact of the advice or guidance should be considered so that it does not impose unnecessary burdens in itself.
TfL twitter feed on 07/08/17 16.45 a post by TfL reads With pre-booked jobs, you still must be in your licensed area when you accept the job. Please can you show me the specific legislation (year & section of act) that TfL interpreted to form this opinion and, or provide any legal advice received to form this opinion
We answered
Our Ref: FOI-1124-1718
Thank you for your request received on 10 August 2017 asking for information about legal advice regarding pre-booked jobs. I apologise for the delay in my response.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy.
Article 31 of the London Cab Order 1934 prevents a London taxi driver from allowing his taxi to be hired “in any part of the metropolitan area in which by a condition attached to his licence he is prohibited from plying for hire”.
Section 42 of the Freedom of Information Act exempts legally privileged information, including legal advice, from disclosure under the Freedom of Information Act. There is a very strong element of public interest inbuilt into the concept of Legal Professional Privilege and this has long been recognised, by the Information Commissioner, the Information Tribunal and the courts, and it reflects the importance of legal advice being sought, and given, in confidence as a fundamental condition on which the administration of justice rests. There is an inherent public interest in TfL being able to obtain full and frank legal advice, and this is consistent with TfL’s responsibility to analyse and address legal risks and issues.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
[email protected]
Back to top
