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(1) Subject to subsection (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.
(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.
To be appointed: see s 128.
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