Part IV Terrorist Investigations
Cordons
C134 Power to designate.
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.
F2F31A
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
F4c
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.