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