(1)An area is a cordoned area for the purposes of this Act if it is designated under this section.
(2)A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.
(3)If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable.
(4)The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable—
(a)by means of tape marked with the word “police”, or
(b)in such other manner as a constable considers appropriate.
(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)
(1)A designation under section 33 has effect, subject to subsections (2) to (5), during the period—
(a)beginning at the time when it is made, and
(b)ending with a date or at a time specified in the designation.
(2)The date or time specified under subsection (1)(b) must not occur after the end of the period of 14 days beginning with the day on which the designation is made.
(3)The period during which a designation has effect may be extended in writing from time to time by—
(a)the person who made it, or
(b)a person who could have made it (otherwise than by virtue of section 34(2)).
(4)An extension shall specify the additional period during which the designation is to have effect.
(5)A designation shall not have effect after the end of the period of 28 days beginning with the day on which it is made.
(1)A constable in uniform may—
(a)order a person in a cordoned area to leave it immediately;
(b)order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;
(c)order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;
(d)arrange for the removal of a vehicle from a cordoned area;
(e)arrange for the movement of a vehicle within a cordoned area;
(f)prohibit or restrict access to a cordoned area by pedestrians or vehicles.
(2)A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).
(3)It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.
(4)A person guilty of an offence under subsection (2) shall be liable on summary conviction to—
(a)imprisonment for a term not exceeding three months,
(b)a fine not exceeding level 4 on the standard scale, or
(c)both.
Modifications etc. (not altering text)
C2S. 36 extended (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. I para. 14; S.I. 2002/2750, art. 2(a)(ii)(d)
C3S. 36 extended (N.I.) (21.4.2007) by 2003 c. 6, Sch. 2A para. 15 (as inserted by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2)(3), 7, Sch. 5)