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Police Act 1997
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Changes over time for: Section 94
Version Superseded: 08/11/2006
Alternative versions:
- 22/02/1999- Amendment
- 25/09/2000- Amendment
- 04/11/2001- Amendment
- 20/06/2003- Amendment
- 01/07/2004- Amendment
- 01/04/2006- Amendment
- 01/04/2006
Point in time - 08/11/2006- Amendment
- 01/04/2007- Amendment
- 04/06/2007- Amendment
- 01/10/2007- Amendment
- 15/02/2008- Amendment
- 28/03/2011- Amendment
- 01/04/2013- Amendment
- 25/06/2013- Amendment
- 07/10/2013- Amendment
- 01/04/2014- Amendment
- 29/04/2021- Amendment
- 29/06/2021- Amendment
- 01/05/2022- Amendment
- 05/12/2022- Amendment
- 19/06/2023- Amendment
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Point in time view as at 01/04/2006. This version of this provision has been superseded.
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Police Act 1997, Section 94 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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94 Authorisations given in absence of authorising officer.U.K.
(1)Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—
(a)if the authorising officer is within paragraph (b) [F1, (e) or (f)] of section 93(5), it is also not reasonably practicable for the application to be considered by any of the other persons within the paragraph concerned; F2. . . [F3or]
(b)if the authorising officer is within paragraph (a), (c) [F4or (d)] of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy F5 ...
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—
(a)where the authorising officer is within paragraph (a) or (d) of subsection (5) of that section, by a person holding the rank of assistant chief constable in his force;
(b)where the authorising officer is within paragraph (b) of that subsection, by a person holding the rank of commander in the metropolitan police force;
(c)where the authorising officer is within paragraph (c) of that subsection, by a person holding the rank of commander in the City of London police force;
(d)where the authorising officer is within paragraph (e) of that subsection, by a person holding the rank of assistant chief constable in the [F6Police Service of Northern Ireland];
[F7(da)where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;
(db)where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the Royal Navy Regulating Branch;
(dc)where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;
(dd)where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the F8British Transport Police;]
[F9(e)where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the Director General of the Serious Organised Crime Agency;]
(f)where the authorising officer is within paragraph (h) of that subsection, by a customs officer designated by the Commissioners of Customs and Excise for the purposes of this section.
[F10(g)where the authorising officer is within paragraph (i) of that subsection, by an officer of the Office of Fair Trading designated by it for the purposes of this section.]
F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In subsection (1), “designated deputy”—
(a)in the case of an authorising officer within paragraph (a) or (d) of section 93(5), means the person holding the rank of assistant chief constable designated to act F12. . . under section 12(4) of the M1Police Act 1996 or, as the case may be, section 5(4) of the M2Police (Scotland) Act 1967;
(b)in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F12. . . under section 25 of the M3City of London Police Act 1839; F13. . .
F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 94(1)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(a); S.I. 2006/378, art. 4(1), Sch. para. 10
F2Word at the end of s. 94(1)(a) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F3Word in s. 94(1)(a) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10
F4Words in s. 94(1)(b) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(c); S.I. 2006/378, art. 4(1), Sch. para. 10
F5S. 94(1)(c) and word repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(d), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F6Words in s. 94(2)(d) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.
F7S. 94(2)(da)-(dd) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(4)(a) (with s. 82(3)); S.I. 2000/2543, art. 2
F8S. 94 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)
F9S. 94(2)(e) substituted for s. 94(2)(e)(ea) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(3); S.I. 2006/378, art. 4(1), Sch. para. 10
F10S. 94(2)(g) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(3), 279; S.I. 2003/1397, art. 2(1), Sch.
F11S. 94(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F12Words in s. 94(4) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F13Word in s. 94(4) repealed (30.9.1998) by 1998 c. 37, s. 113(3), s. 120(2), Sch. 10; S.I. 1998/2327, art. 2
F14S. 94(4)(c) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
Modifications etc. (not altering text)
C1S. 94 applied (prosp.) by 2000 c. 23, ss. 49, 83(2), Sch. 2 para. 2(7) (with s. 82(3))
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