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Road Traffic Regulation Act 1984
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Changes over time for: Section 96
Changes to legislation:
Road Traffic Regulation Act 1984, Section 96 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act modified by S.S.I. 2024/270 art. 5 sch. 3
- Act power to amend secondary legislation conferred by S.I. 2020/1297 art. 48(6)(a) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 87(1)(a) words omitted by 2015 c. 20 s. 50(2)(a) (This amendment not applied to legislation.gov.uk. This amendment is to be applied to the version of s. 87 that is prospectively substituted by 2006 c. 49, s. 19)
- s. 87(1)(a) words substituted by 2013 c. 22 Sch. 8 para. 29(3)
- s. 87(1)(b) words substituted by 2017 c. 4 s. 26(6)(a)
- s. 87(1)(c) word inserted by 2015 c. 20 s. 50(2)(c) (This amendment not applied to legislation.gov.uk. This amendment is to be applied to the version of s. 87 that is prospectively substituted by 2006 c. 49, s. 19)
- s. 87(1)(aa) inserted by 2015 c. 20 s. 50(2)(b) (This amendment not applied to legislation.gov.uk. This amendment is to be applied to the version of s. 87 that is prospectively substituted by 2006 c. 49, s. 19)
- s. 87(7) inserted by 2017 c. 4 s. 26(6)(b)
[F196 Additional powers of traffic wardens.E+W+S
(1)An order under section 95(5) of this Act may provide that, for the purposes of any functions which traffic wardens are authorised by the order to discharge, but subject to the provisions of subsection (3) below, references to a constable or police constable in all or any of the enactments specified in subsection (2) below shall include references to a traffic warden.
(2)The enactments referred to in subsection (1) above are—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(bb)in this Act—
(i)section 100(3) (which relates to the interim disposal of vehicles removed under section 99); and
(ii)sections 104 and 105 (which relate to the immobilisation of illegally parked vehicles);]
(c)in [F4the Road Traffic Act 1988]—
(i)[F5sections 35(1), 36 and 37] (which relate to compliance with traffic directions given by police constables);
(ii)[F6section 163] (which relates to the power of a constable to stop vehicles);
(iii)[F7section 164(1), (2) and (6)] (which relate to the power of a constable to require the production of a driving licence in certain circumstances); [F8 and]
(iv)[F9sections 165 and 169] (which relate to the powers of constables to obtain names and addresses of drivers and others and to require production of evidence of insurance or security and test certificates); and
F10(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Any power of a constable for the purposes of the following provisions of [F11the Road Traffic Act 1988, namely, sections 163, 164(1), (2) and (6) and 165], shall be exercisable by a traffic warden under an order made by virtue of subsection (1) above only where—
(a)the traffic warden is assisting a constable, or
(b)the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order, and, in the case of a power for the purposes of [F12section 165 of the Road Traffic Act 1988], the order authorises the use of that power in relation to that offence, or
(c)in the case of a power for the purposes of [F13section 163 of the Road Traffic Act 1988], the traffic warden is exercising functions in connection with the control and regulation of traffic (including pedestrians) or stationary vehicles.
[F14(4)Where an order has been made pursuant to subsection (2)(bb)(i) above, in section 100(3) of this Act the words “chief officer of the police force to which the constable belongs” shall be deemed to include a reference to a chief officer of police under whose direction a traffic warden acts.
(5)Any order made under section 95(5) of this Act may make different provision for different cases or classes of case, or in respect of different areas.]]
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. 96(2)(a)(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(8), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F3S. 96(2)(bb) inserted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 31(2); S.I. 1991/2054, art. 3,Sch.
F4Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)
F5Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(a)
F6Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(b)
F7Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(c)
F8Word inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(c)
F9Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(6)(d)
F10S. 96(2)(d) 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(8), 183(1)(5)(e); S.I. 2017/1139, reg. 3
F11Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(7)(a)
F12Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(7)(b)
F13Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 25(7)(c)
F14S. 96(4)(5) added (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 31(3); S.I. 1991/2054, art. 3,Sch.
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