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The Civil Enforcement Officers (Wearing of Uniforms) (Wales) Regulations 2008

W.S.I. 2008/616 · Made 6 March 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ROAD TRAFFIC, WALES

Made 6 March 2008

Laid before the National Assembly for Wales 10 March 2008

Coming into force 31 March 2008

The Welsh Ministers, in exercise of the power conferred upon the National Assembly for Wales by section 76(4) of the Traffic Management Act 2004f1 and now vested in them f2, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

2004 c. 18.

f2

The functions of the National Assembly for Wales under the Traffic Management Act 2004 were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).

Contents

  1. 1Title, commencement, application and interpretation
  2. 2Specified functions
  3. Signature
  4. Explanatory note

1Title, commencement, application and interpretation

(1)

The title of these Regulations is the Civil Enforcement Officers (Wearing of Uniforms) (Wales) Regulations 2008, they come into force on 31 March 2008 and apply in relation to Wales.

(2)

In these Regulations “the 2004 Act” (“Deddf 2004”) means the Traffic Management Act 2004.

2Specified functions

(1)

All functions conferred on civil enforcement officers by or under the enactments specified in paragraph (2) are specified for the purposes of section 76(3)(a) of the 2004 Act.

(2)

Those enactments are —

(a)

section 78(2)(a) and (b) of the 2004 Act;

(b)

section 79 of the 2004 Act; and

(c)

section 99 of the Road Traffic Regulation Act 1984f1.

Signature

Ieuan Wyn Jones

Minister for the Economy and Transport, one of the Welsh Ministers

6 March 2008

Explanatory note

(This note is not part of the Regulations)

Part 6 of the Traffic Management Act 2004 (“the 2004 Act”) provides for the civil enforcement of parking contraventions. Part 6 includes powers providing a single framework to make regulations for the civil enforcement by local authorities of parking and waiting restrictions, bus lanes and some moving traffic offences. Such regulations will replace existing powers in national legislation.

Section 76 of the 2004 Act enables the appointment of civil enforcement officers by local authorities undertaking the civil enforcement of traffic contraventions. It provides that a parking attendant appointed under section 63A of the Road Traffic Regulation Act 1984 is a civil enforcement officer in relation to parking contraventions and may also be appointed as a civil enforcement officer in relation to other road traffic contraventions subject to civil enforcement in the area of the local authority (referred to in the 2004 Act as the “enforcement authority”) concerned.

Section 76(3) of the 2004 Act requires that civil enforcement officers must wear such uniform as is determined by the enforcement authority when exercising specified functions.

Section 76(4) of the 2004 Act requires the appropriate national authority to make regulations, specifying those functions that may only be carried out by a civil enforcement officer whilst in uniform.

In accordance with section 76(4), these Regulations specify, in relation to Wales, the functions of civil enforcement officers appointed under Part 6 of the 2004 Act which, in accordance with section 76(3) of that Act, are only to be exercised by such officers when in uniform. The functions are specified by reference to provisions by or under which the functions are conferred on civil enforcement officers.