39.—(1) Article 84 of PACE (police officers performing duties of higher rank) is amended as follows.
(2) In paragraph (2) for the words from “he has been” to the end substitute—
“(a)he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise; or
(b)he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise.”.