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Change 1
As published
22I Licensing authorities
(1) The Secretary of State may make regulations about the powers and duties of a licensing authority, such as provision—
(a) imposing a duty to monitor the provision of micromobility vehicles,
(b) about the publication of information on the provision of micromobility vehicles,
(c) about the provision of reports or other information to the Secretary of State, and
(d) requiring licensing authorities to work collaboratively with others.
(2) The Secretary of State—
(a) may issue guidance to licensing authorities about their functions under this Part, and
(b) must publish, or arrange the publication of, any guidance issued under this paragraph.
(3) Licensing authorities must have regard to guidance issued under this paragraph.
(4) A licensing authority is not liable on any basis (whether in tort or otherwise) for taking, or failing to take, any action in relation to a person providing micromobility vehicles, unless the liability is in respect of wilful misconduct or gross negligence.
(5) For the purposes of subsection (4), there is “gross negligence” on the part of a licensing authority if—
(a) it is in breach of a duty of care owed under the law of negligence, and
(b) the conduct constituting that breach falls far below what can reasonably be expected of the licensing authority in the circumstances.
(6) Traffic authorities in England and licensing authorities must co-operate with each other on matters relating to the parking or docking of micromobility vehicles.
Your change, as a redline
22I Licensing authorities
(1) The Secretary of State may make regulations about the powers and duties of a licensing authority, such as provision—
(a) imposing a duty to monitor the provision of micromobility vehicles,
(b) about the publication of information on the provision of micromobility vehicles,
(c) about the provision of reports or other information to the Secretary of State, and
(d) requiring licensing authorities to work collaboratively with others.
(2) The Secretary of State—
(a) may issue guidance to licensing authorities about their functions under this Part, and
(b) must publish, or arrange the publication of, any guidance issued under this paragraph.
(3) Licensing authorities must have regard to guidance issued under this paragraph.
(4) A licensing authority is not liable on any basis (whether in tort or otherwise) for taking, or failing to take, any action in relation to a person providing micromobility vehicles, unless the liability is in respect of wilful misconduct or gross negligence.
(5) For the purposes of subsection (4), there is “gross negligence” on the part of a licensing authority if—
(a) it is in breach of a duty of care owed under the law of negligence, and
(b) the conduct constituting that breach falls far below what can reasonably be expected of the licensing authority in the circumstances.
(6) Traffic authorities in England and licensing authorities must co-operate with each other on matters relating to the parking or docking of micromobility vehicles.
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