Part VIII Control and Enforcement
Traffic wardens
F2695 Appointment of traffic wardens.
F271
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F252
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 F28, 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 F29... in accordance with subsection (2) above shall be known as “traffic wardens”.
4
F16A personF30... employing traffic wardens for the purposes mentioned in F31subsection (2) above F17(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 F18the 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
F344A
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C15
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 F20person 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.
F2696 Additional powers of traffic wardens.
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—
F35a
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F35b
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F1bb
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 F2the Road Traffic Act 1988—
i
F3sections 35(1), 36 and 37
(which relate to compliance with traffic directions given by police constables);
ii
F4section 163
(which relates to the power of a constable to stop vehicles);
iii
iv
F7sections 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
F36d
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3
Any power of a constable for the purposes of the following provisions of F8the 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 F9section 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 F10section 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.
F114
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.
F2697 Supplementary provisions as to traffic wardens.
1
Neither regulations under section 7 of the M1Superannuation Act 1972 nor any local Act scheme within the meaning of section 8 of that Act shall apply to traffic wardens by virtue of section 95 or 96 of this Act; but, in relation to such traffic wardens F12... as F21their employer may determine, those regulations (or, if the expenses of F22that employer are paid by a local Act authority, the local Act scheme) shall apply, subject to such adaptations, modifications and exceptions as the Sectetary of State may by regulations prescribe.
F132
Where traffic wardens are employed by a police authority which is a committee of the council of a county, they shall be treated as employed by the committee as constituted from time to time; but the committee’s employment of traffic wardens shall not subject members of the committee to any personal liability under contract or otherwise.
3
F144
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5
Any power F23of a person to acquire, or authorise the acquisition of, land for the purposes of a police force shall include power to acquire, or authorise the acquisition of land for the purposes of the functions of the F24person under sections 95 and 96 of this Act; and any land occupied for the purposes of those functions shall be deemed to be occupied for the purposes of the police force.