95 Appointment of traffic wardens.E+W+S
(1)A police authority in England or Wales may, subject to subsection (5) below, appoint persons to discharge, 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; and persons so appointed shall act under the direction of the chief officer of police, but shall be deemed to be employed by the police authority.
(2)Where under section 9 of the M1Police (Scotland) Act 1967 a police authority employs persons to discharge any such functions as are mentioned in subsection (1) above, those persons shall act under the directions of the chief officer of police.
(3)Persons employed under subsection (1) or in accordance with subsection (2) above shall be known as “traffic wardens”.
(4)A police authority (whether in England or Wales or in Scotland) employing traffic wardens for the purposes mentioned in subsection (1) above 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 the police authority provide 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)the police authority may, under arrangements made with a local authority or (in England or Wales) with the Secretary of State, employ the traffic wardens to act as parking attendants at street parking places provided or controlled by the local authority or, as the case may be, by the Secretary of State.
(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 police authority 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.
Modifications etc. (not altering text)
C1S. 95(5) restricted by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 86(1)
Marginal Citations
M11967 c. 77(95).