Part VIII Control and Enforcement

Traffic wardens

95 Appointment of traffic wardens.

F111

F12F2A 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 appointedF3by the Common Council shall act under the direction of the chief officer of police, but shall be deemed to be employed by the F4Common Council.

F102

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 F18any such functions as are mentioned in subsection (1) aboveF18, 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 F19under subsection (1) or in accordance with subsection (2) above shall be known as “traffic wardens”.

4

F5A personF14(whether in England or Wales or in Scotland) employing traffic wardens for the purposes mentioned in F15subsection (1)F15subsection (2) aboveF6(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 F7the 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

F8the employer may, under arrangements made with a local authority F16or (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 F17or, as the case may be, by the Secretary of State.

F14A

F13For the purposes of subsection (4) above, Transport for London is a local authority.

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 F9person 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.