Section 34 Power to designate.C1

United Kingdom

(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.

(1A)

F2F3A 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

(c)

F4if 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.

Annotations

Textual amendments

F1: Words in s. 34(1) substituted (14.12.2001) by 2001 c. 24, s. 101, Sch. 7 para. 30(2)
F2: S. 34(1A)-(1C) inserted (14.12.2001) by 2001 c. 24, s. 101, Sch. 7 para. 30(3)
F3: S. 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)
F4: S. 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

C1: S. 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)