(1) Subject to subsections (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 Police Service of Northern Ireland who is of at least the rank of superintendent.
(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
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