Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage—
unless they are satisfied —
that the applicant is a fit and proper person to hold a driver's licence; and
that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or
to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver's licence so authorised.
In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, a district council must have regard to any guidance issued by the Secretary of State.
For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—
he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or
he is authorised by virtue of section 99A(1) or section 109(1)of that Act to drive in Great Britain a motor car.
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Any applicant aggrieved by the refusal of a district council to grant a driver's licence on the ground that he is not a fit and proper person to hold such licence may appeal to a magistrate's court.