
1 

(1) This Order may be cited as the Functions of Traffic Wardens (Scotland) Order 1999 and shall come into force on the fourteenth day after the date on which it is made.
(2) This order shall extend to Scotland only.
2 
In this Order–
 “the 1984 Act” means the Road Traffic Regulation Act 1984;
 “the 1988 Act” means the Road Traffic Act 1988;
 “street parking place” has the same meaning as in section 142(1) of the 1984 Act;
 “street parking place order” means an order made under section 45 of the 1984 Act relating to a street parking place;
 “traffic order” means an order made under section 1, 9, 10 or 37 of the 1984 Act.
3 

(1) The functions set out in the Schedule to this Order are hereby prescribed as appropriate for discharge by traffic wardens.
(2) For the purposes of the discharge by traffic wardens of such functions, references to a constable or police constable in the following enactments shall include references to a traffic warden–
(a) in the 1984 Act–
(i) section 100(3) (interim disposal of vehicles removed under section 99 of that Act);
(ii) section 104 (immobilisation of vehicles illegally parked); and
(iii) section 105 (exemptions from section 104); and
(b) in the 1988 Act–
(i) section 35(1) (drivers to comply with traffic directions);
(ii) section 37 (directions to pedestrians); and
(iii) section 169 (pedestrian contravening constable’s direction to stop to give name and address).
(3) For the purposes of the discharge by traffic wardens of the functions set out in the Schedule to this Order, references in section 165(1) of the 1988 Act (power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificate) to a police constable shall, in so far as it applies to the furnishing of names and addresses, include references to a traffic warden if the traffic warden has reasonable cause to believe that there has been committed an offence–
(a) in respect of a vehicle by its being left or parked on a road during the hours of darkness (as defined by the Road Vehicles Lighting Regulations 1989) without the lights or reflectors required by law;
(b) in respect of a vehicle by its obstructing a road, or waiting, or being left or parked or being loaded or unloaded, in a road;
(c) in contravention of section 35(1) of the 1988 Act;
(d) in contravention of section 33(1) of the Vehicles Excise and Registration Act 1994 (not exhibiting licence);
(e) created by section 47 of the 1984 Act (offences relating to designated parking places).
(4) References in section 164(1) and (2) of the 1988 Act (powers of constables to require production of driving licence and in certain cases statement of date of birth) to a constable or police constable shall include references to a traffic warden only where–
(a) the traffic warden has reasonable cause to believe that there has been committed–
(i) an offence by causing a vehicle, or any part of it, to stop in contravention of regulations made under section 25 of the 1984 Act (pedestrian crossing regulations); or
(ii) an offence in contravention of section 22 of the 1988 Act (leaving vehicles in dangerous positions); or
(b) the traffic warden is employed to perform functions in connection with the custody of vehicles removed from a road or land in the open air in pursuance of regulations made under section 99 of the 1984 Act (removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down) or from a parking place in pursuance of a street parking place order, and he has reasonable cause to believe that there has been committed an offence in respect of a vehicle by its obstructing a road or waiting, or being left or parked, or being loaded or unloaded, in a road.
4 
The Functions of Traffic Wardens (Scotland) Order 1971 is hereby revoked.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
7th March 1999
SCHEDULE
Article 3
1 

(1) Traffic wardens may be employed to enforce the law with respect to an offence–
(a) committed in respect of a vehicle by its being left or parked on a road during the hours of darkness (as defined by the Road Vehicles Lighting Regulations 1989) without the lights or reflectors required by law;
(b) committed in respect of a vehicle by its obstructing a road, or waiting, or being left or parked, or being loaded or unloaded, in a road or other public place;
(c) committed in contravention of section 33(1) of the Vehicles Excise and Registration Act 1994;
(d) created by section 47 of the 1984 Act (offences relating to designated parking places); or
(e) committed by causing a vehicle, or any part of it, to stop in contravention of regulations made under section 25 of the 1984 Act (pedestrian crossing regulations).
(2) For the purposes of the enforcement of the law with respect to such of the offences described in sub-paragraph (1) of this paragraph as are fixed penalty offences within the meaning of section 51 of the Road Traffic Offenders Act 1988, traffic wardens may exercise the functions conferred on constables by Part III of the Road Traffic Offenders Act 1988.
2 

(1) Traffic wardens may, under arrangements made with a local authority or the Secretary of State, be employed to act as parking attendants at street parking places provided or controlled by a local authority or the Secretary of State.
(2) A traffic warden may exercise functions conferred on a traffic warden by a traffic order or a street parking place order.
3 
Without prejudice to the generality of paragraph 1 above, traffic wardens may be employed in connection with obtaining information under–
(a) section 112 of the 1984 Act (information as to identity of driver or rider); and
(b) section 172 of the 1988 Act (duty to give information as to identity of driver, etc., in certain cases).
4 
Traffic wardens may be employed to perform functions in connection with the custody of vehicles removed from a road or land in the open air in pursuance of regulations under section 99 of the 1984 Act or from a parking place in pursuance of a street parking place order.
5 
Where a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 provides school crossing patrols under section 26 of the 1984 Act (arrangements for patrolling school crossings) traffic wardens appointed by or on behalf of the council may be employed to act as school crossing patrols.
6 

(1) Subject to the foregoing paragraphs, traffic wardens may be employed in the control and regulation of traffic (including foot passengers) or vehicles whether on a road or not and to discharge any other functions normally undertaken by the police in connection with the control and regulation of traffic (including foot passengers) or vehicles.
(2) Nothing in this paragraph shall permit the functions described in sub-paragraph (1) to be exercised by a traffic warden who is in a moving vehicle.