Section 4 EnforcementI1

Section 21 of the 1970 Act is further amended as follows.

In the subsection (4BB) inserted by section 94 of the Traffic Management Act 2004 (meaning of “enforcement officer”), at the end there is inserted—

“(d)

a person who—

(i)

is employed by a local authority in England and Wales or by a person with whom the authority have made arrangements for the purposes of this section, and

(ii)

is authorised in writing by the authority to exercise the powers in subsections (4BA) and (4D).”

After subsection (4BD) there is inserted—

“(4BE)

Failure to comply with a requirement imposed by an officer within subsection (4BB)(d) who does not produce appropriate evidence of authority is not an offence under subsection (4BD).”

After subsection (4C) there is inserted—

“(4D)

A constable or enforcement officer in England and Wales to whom a person produces a badge purporting to be in valid form (whether or not in response to a requirement under subsection (4BA)) may retain the badge if the constable or officer believes on reasonable grounds that—

(a)

the badge was not issued under this section, or

(b)

the badge was issued under this section and—

(i)

it should have been returned to the issuing authority in compliance with regulations under subsection (6) or a notice under subsection (7A)(b),

(ii)

it has been cancelled under subsection (7AB), or

(iii)

it was being displayed on a vehicle otherwise than in circumstances prescribed under subsection (4A).

(4E)

Regulations may prescribe what is to be done with a badge retained under subsection (4D) above.”