Commentary on Sections Section 4: Enforcement
21.This section provides a power for a constable or enforcement officer in England and Wales to retain a badge that has been presented to them and which appears not to have been issued under the Act or which has been cancelled, should have been returned or is being misused. The section provides a power to make regulations to prescribe what is to be done with a badge so retained.
22.The section also extends the definition of an enforcement officer to include any appropriately authorised employee or contractor engaged by a local authority in England and Wales (i.e. whether or not uniformed). If any such employee or contractor fails to produce appropriate evidence of authority, it is not an offence for a person to fail to produce a badge when requested.