(1)Subject to [F1subsections (1A), (1B) and (2)], a designation under section 33 may only be made—
(a)where the area is outside Northern Ireland and is wholly or partly within a police area, by an officer for the police area who is of at least the rank of superintendent, and
(b)where the area is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of superintendent.
[F2[F3(1A)A designation under section 33 may be made in relation to an area (outside Northern Ireland) which is in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act, by a member of the British Transport Police Force who is of at least the rank of superintendent.]
(1B)A designation under section 33 may be made by a member of the Ministry of Defence Police who is of at least the rank of superintendent in relation to an area outside or in Northern Ireland—
(a)if it is a place to which subsection (2) of section 2 of the Ministry of Defence Police Act 1987 (c. 4) applies,
(b)if a request has been made under paragraph (a), (b) or (d) of subsection (3A) of that section in relation to a terrorist investigation and it is a place where he has the powers and privileges of a constable by virtue of that subsection as a result of the request, or
[F4(c)if a request has been made under paragraph (c) of that subsection in relation to a terrorist investigation and it is a place described in subsection 1A of this section.]
(1C)But a designation under section 33 may not be made by—
(a)a member of the British Transport Police Force, or
(b)a member of the Ministry of Defence Police,
in any other case.]
(2)A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency.
(3)Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable—
(a)make a written record of the time at which the designation was made, and
(b)ensure that a police officer of at least the rank of superintendent is informed.
(4)An officer who is informed of a designation in accordance with subsection (3)(b)—
(a)shall confirm the designation or cancel it with effect from such time as he may direct, and
(b)shall, if he cancels the designation, make a written record of the cancellation and the reason for it.
Textual Amendments
F1Words in s. 34(1) substituted (14.12.2001) by 2001 c. 24, s. 101, Sch. 7 para. 30(2)
F2S. 34(1A)-(1C) inserted (14.12.2001) by 2001 c. 24, s. 101, Sch. 7 para. 30(3)
F3S. 34(1A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(6)(a)
F4S. 34(1B)(c) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(6)(b)
Modifications etc. (not altering text)
C1S. 34 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 73(1), Sch. 5 para. 4(1)(2)(k) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)