Section 95 Appointment of traffic wardens.F1

England, Wales and Scotland

F2(1)

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

(~~F32~~)

Police staff appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 and employed by the Scottish Police Authority may be designated by the chief constable of the Police Service of Scotland to discharge F4, in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including pedestrians) or stationary vehicles.

(3)

~~Persons employed~~ F5~~... in accordance with subsection (2) above shall be known as “traffic wardens~~”.

(4)

~~F6A person~~ F7~~... employing traffic wardens for the purposes mentioned in~~ ~~F8subsection (2)~~ ~~above~~ ~~F9(the “employer”)~~ may also (subject to subsection (5) below) employ them to act, under the direction of the chief officer of police, for other purposes connected with the control and regulation of traffic (including pedestrians) or stationary vehicles; and in particular—

(a)

~~where~~ ~~F10the employer provides~~ school crossing patrols under section 26 of this Act, whether as being the appropriate authority or by aggreement with the appropriate authority, the traffic wardens may be employed to act as school crossing patrols, and

(b)

~~F11the employer~~ ~~may, under arrangements made with a local authority~~ F12~~..., employ the traffic wardens to act as parking attendants at street parking places provided or controlled by the local authority~~ F13~~....~~

F14(4A)

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

C1(5)

Traffic wardens shall not be employed to discharge functions other than those prescribed as appropriate for the purpose by order of the Secretary of State made by statutory instrument; and no order shall be made under this subject unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

(6)

A ~~F15person~~ shall not employ as a traffic warden any person who is a constable, and shall take steps to ensure that only persons adequately qualified are appointed traffic wardens, and that traffic wardens are suitably trained before undertaking their duties.

(7)

~~Traffic wardens shall wear such uniform as the Secretary of State may determine, and shall not act as traffic wardens when not in uniform.~~

Annotations

Textual amendments

F1: Ss. 95-97 repealed (E.W.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 46(1), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F2: S. 95(1) omitted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 46(3), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F3: S. 95(2) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 9(2)
F4: Words in s. 95(2) substituted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 46(4), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F5: Words in s. 95(3) omitted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 46(5), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F6: Words in s. 95(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 166(3)(a); S.I. 2011/3019, art. 3, Sch. 1
F7: Words in s. 95(4) omitted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 46(6)(a), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F8: Words in s. 95(4) substituted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 46(6)(b), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F9: Words in s. 95(4) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 166(3)(b); S.I. 2011/3019, art. 3, Sch. 1
F10: Words in s. 95(4)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 166(3)(c); S.I. 2011/3019, art. 3, Sch. 1
F11: Words in s. 95(4)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 166(3)(d); S.I. 2011/3019, art. 3, Sch. 1
F12: Words in s. 95(4)(b) omitted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 46(6)(c)(i), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F13: Words in s. 95(4)(b) omitted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 46(6)(c)(ii), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F14: S. 95(4A) omitted (S.) (31.1.2017 for specified purposes, 1.12.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 46(7), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F15: Word in s. 95(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 166(4); S.I. 2011/3019, art. 3, Sch. 1

Modifications

C1: S. 95(5) restricted by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 86(1)