95 Appointment of traffic wardens.E+W+S
[F1(1)[F2[F3A chief officer of police in England and Wales (other than the Commissioner of Police for the City of London), and the Common Council of the City of London 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[F4by the Common Council] shall act under the direction of the chief officer of police, but shall be deemed to be employed by the [F5Common Council].]
[F6(2)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 [F7any such functions as are mentioned in subsection (1) above] [F7, 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 [F8under subsection (1) or] in accordance with subsection (2) above shall be known as “traffic wardens”.
(4)[F9A person] [F10(whether in England or Wales or in Scotland)] employing traffic wardens for the purposes mentioned in [F11subsection (1)] [F11subsection (2)] above[F12(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 [F13the 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)[F14the employer] may, under arrangements made with a local authority [F15or (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 [F16or, as the case may be, by the Secretary of State].
[F17(4A)[F18For the purposes of subsection (4) above, Transport for London is a local authority.]]
(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 [F19person] 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.]
Textual Amendments
F1Ss. 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
F2S. 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
F3Words in s. 95(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 166(2)(a); S.I. 2011/3019, art. 3, Sch. 1
F4Words in s. 95(1) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 166(2)(b); S.I. 2011/3019, art. 3, Sch. 1
F5Words in s. 95(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 166(2)(c); S.I. 2011/3019, art. 3, Sch. 1
F6S. 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)
F7Words 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
F8Words 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
F9Words 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
F10Words 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
F11Words 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
F12Words 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
F13Words 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
F14Words 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
F15Words 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
F16Words 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
F17S. 95(4A) inserted (3.7.2000) by 1999 c. 29, s. 290 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F18S. 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
F19Word 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 etc. (not altering text)
C1S. 95(5) restricted by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 86(1)