Taxi and Landlord Registration

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As part of both the landlord registration process and the taxi and private hire car licensing process, you must demonstrate to your Local Authority that you are a “fit and proper” person.

As a part of the process, you will therefore need to declare any criminal convictions you may have.

The sorts of convictions Local Authorities are likely to take into consideration are:

  • Fraud, dishonesty, firearms offences, violence or drugs offences 
  • Unlawful discrimination 
  • Breaches of any law relating to housing 
  • Failure to act in relation to antisocial behaviour 
  • Sexual offences 
  • Repairing standard enforcement orders

Do I need to declare spent convictions?

Yes. Article 4 and Schedule 3 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013, require that you disclose spent convictions in your application. 

However, there are some exceptions. These are referred to as “protected convictions”.

What are Protected Convictions?

A person’s conviction is a protected conviction if:

  • It is a spent conviction; and
  • Either

i. It is not a conviction for an offence listed in Schedule A1 or B1; or

ii. It is a conviction for an offence listed in Schedule B1 and at least one of the conditions specified in paragraph (2) is satisfied.

The conditions are:

  • The sentence is imposed in respect of the conviction was an admonition or an absolute discharge
  • The person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of conviction; and
  • The person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of conviction.

The reference to an absolute discharge includes a reference to the discharge of the referral of a child’s case to a children’s hearing under section 69(1)(b) and (12) of the Children (Scotland) Act 1995 or section 91(3)(b), 93(2)(b), 108(3)(b) or 119(3)(b) of the Children’s Hearings (Scotland) Act 2011.

A table with examples of appropriate language use

Taxi and Private Hire Car Licensing and The PVG Scheme

The PVG Scheme can include taxi/private hire car drivers contracted to undertake regulated work in relation to the provision of transport to vulnerable groups. It is therefore important that you familiarise yourself with the rules around the scheme.

A table showing the notification periods for the various sentence types. Prison sentence of 30 months or more (including life), Indefinite. Order for lifelong restriction, Indefinite. Admission to a hospital subject to a restriction order, Indefinite. Prison sentence of more than 6 months but less than 30 months, 10 years. Prison sentence of 6 months or less, 7 years. Admission to a hospital without a restriction order, 7 years. Community payback order with an offender supervision requirement, The length of the offender supervision requirement. Any other sentence (e.g. a fine or admonition), 5 years.

Further Reading

The information on this page is adapted from excellent guidance produced by The Highland Council.  If you are considering applying for landlord registration, you may want to refer to their Frequently Asked Questions and their guidance on Protected Convictions applies to both landlord registration and taxi and private hire car licensing. 

Last updated:
February 24, 2024


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