[(1) Subject to the following provisions of this section, the Secretary of State may by regulations provide that, in the case of an arrested person who is held in a police station, some or all of the functions mentioned in subsection (2) may be performed (notwithstanding anything in the preceding provisions of this Part) by an officer who—
(a) is not present in that police station; but
(b) has access to the use of [a live link].
(2) Those functions are—
(a) the functions in relation to an arrested person taken to[, or answering to bail at,] a police station that is not a designated police station which, in the case of an arrested person taken to a station that is a designated police station, are functions of a custody officer under section 37, 38 or 40 above; and
(b) the function of carrying out a review under section 40(1)(b) above (review, by a
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