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2.—(1) Where any duty imposed by section 20 of the Regulation of Investigatory Powers (Scotland) Act 2000 would otherwise fall on a person who is no longer available to perform it, that duty is to be performed by–
(a)the person, if any, appointed for the purpose of these Regulations in accordance with paragraph (2);
(b)where no such person has been appointed, the person, if any, who holds the same office, rank or position in the same public authority as was held by the person who is no longer available and who has taken over that person’s responsibilities or most of them.
(2) The person making an appointment for the purpose of these Regulations, and the person appointed, must be a person holding the same office, rank or position (or a more senior one) in the same public authority as was held by the person who is no longer available.
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