Commentary on Sections Section 3 – Power to confiscate badge
7.Section 21(4D) of the 1970 Act (inserted by the 2013 Act) is extended to Scotland and will give constables and enforcement officers the power to retain a badge that has been presented to them for examination and which appears not to have been issued under the Act, has been cancelled, should have been returned to the local authority or is being misused.
8.Subsection (4E) of section 21 of the 1970 Act confers a power to make regulations to prescribe what is to be done with a badge which has been retained under subsection (4D). That power will be exercisable by the Scottish Ministers in relation to a badge that has been retained in Scotland.