The Functions of Traffic Wardens (Amendment) Order 2002

Statutory Instruments

2002 No. 2975

POLICE, ENGLAND AND WALES

The Functions of Traffic Wardens (Amendment) Order 2002

Made

29th November 2002

Coming into force

2nd December 2002

Whereas a draft of this Order has been laid before Parliament and has been approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 95(5) and 96 of the Road Traffic Regulation Act 1984(1), hereby makes the following Order:

1.—(1) This Order may be cited as the Functions of Traffic Wardens (Amendment) Order 2002 and shall come into force on 2nd December 2002.

(2) This Order shall not extend to Scotland.

(3) In this Order, “the 1970 Order” means the Functions of Traffic Wardens Order 1970(2).

2.  In article 3(2) of the 1970 Order, after sub-paragraph (g), insert—

“(h) section 67(3) of the Road Traffic Act 1988(3) (power to stop vehicles for testing);

(i) section 163 of the Road Traffic Act 1988 (power to stop vehicles).”.

3.—(1) The Schedule to the 1970 Order shall be amended as follows.

(2) After paragraph 5, insert—

“5A.   Traffic wardens may be employed to stop vehicles for the purposes of a test under subsection (1) of section 67 of the Road Traffic Act 1988 (testing of conditions of vehicles on roads).

5B.   Traffic wardens may be employed to escort vehicles or trailers carrying loads of exceptional dimensions the use of which is authorised by an order made by the Secretary of State under section 44(1)(d) of the Road Traffic Act 1988.”.

(3) Paragraph 6(2) shall be omitted.

John Denham

Minister of State

Home Office

29th November 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Functions of Traffic Wardens Order 1970 in consequence of section 44 of the Police Reform Act 2002. Article 2 provides that references to a constable in sections 67(3) (power to stop vehicles for testing) and 163 (power to stop vehicles) of the Road Traffic Act 1988 are to include references to a traffic warden. Article 3(2) adds two functions to those prescribed as appropriate for discharge by traffic wardens. These are stopping vehicles for vehicle testing purposes and escort of abnormal loads. Article 3(3) removes the prohibition on a traffic warden directing traffic from a moving vehicle.

(1)

1984 c. 27; relevant amendments to section 96 are made by section 44 of the Police Reform Act 2002 (c. 30).

(2)

S.I. 1970/1958 as amended by S.I. 1986/1328 and 1993/1334.

(3)

1988 c. 52.