30.—(1) Subject to article 37, an inspector shall have a right on producing his authority, if so requested, at all reasonable times to enter any premises for the purpose of enforcing the provisions of this Order and in particular—
(a)checking compliance with any provision of this Order; or
(b)carrying out an examination of a forestry trader’s premises or of relevant material or documents or records on such premises for any purpose in connection with the granting or suspending of any authority to issue a plant passport under article 28.
(2) An inspector entering premises by virtue of paragraph (1) or of a warrant granted under article 37 may—
(a)examine, photograph or mark any part of the premises or any object on the premises;
(b)take samples of or from any tree pest or relevant material or from any container or package, or any material which has been or may have been in contact with such pest or relevant material; and
(c)inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.
(3) An inspector may, for the purpose of exercising any of his powers under paragraph (2), open, or authorise any person to open on his behalf any container or package or require the owner or any person in charge of any container or package to open it, in such manner as the inspector may specify.
(4) An inspector may, so far as is necessary to enable him to exercise any of the powers conferred by paragraph (2), prohibit entirely or to such extent as he may specify the movement, treatment or destruction of any tree pest or relevant material, container or package, or any material which may have been in contact with such pest or relevant material.
(5) Where any such record or document as is mentioned in paragraph 2(c) is kept by means of a computer, an inspector may—
(a)have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record or document; and
(b)require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
(6) An inspector may destroy or otherwise dispose of any sample taken under paragraph 2(b) where that sample is no longer required in connection with this Order.
(7) An inspector entering premises by virtue of paragraph (1), or of a warrant granted under article 37, may take with him such other persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Commissioners [F1or, as the case may be, the Welsh Ministers], remain on and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Textual Amendments
F1Words in art. 30(7) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 231 (with Sch. 7)
31.—(1) If an inspector has reasonable grounds for suspecting that any tree pest or relevant material is likely to be, or has been landed in [F2a relevant territory] in contravention of this Order he may serve a notice in writing in accordance with paragraphs (2) and (3).
(2) An inspector may serve a notice under paragraph (1) on—
(a)a forestry trader or other person who is in possession of or in any way entitled to the custody or control of the tree pest or relevant material which has been landed; or
(b)any person in charge of the premises from which any tree pest or relevant material is likely to be or has been landed.
(3) A notice under paragraph (1) may—
(a)prohibit the landing of any tree pest or relevant material;
(b)specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;
(c)require any tree pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
(d)prohibit the removal of any tree pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest;
(e)require the removal of any tree pest or relevant material from premises specified in the notice in such manner and within such reasonable time as may be so specified;
(f)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest in such a manner and within such reasonable time as may be specified in the notice.
(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any tree pest referred to in paragraph (5) or any relevant material referred to in paragraph (6), he may by notice in writing served on the occupier or other person in charge of the premises or such tree pest or relevant material—
(a)require any tree pest or relevant material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
(b)prohibit the removal of any tree pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any tree pest;
(c)require the removal of any tree pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or
(d)require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any tree pest in such manner and within such reasonable time as may be specified in the notice.
(5) The tree pests referred to in paragraph (4) are—
(a)a tree pest of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any tree pest which is not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain; and
(c)any tree pest which is not normally present in another part of the European Community and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread to another part of the European Community.
(6) The relevant material referred to in paragraph (4) is—
(a)any relevant material which is carrying or is infected with, or which may be carrying or infected with, a tree pest referred to in paragraph (5); and
(b)any relevant material the landing of which in [F3the relevant territory] is prohibited under article 5 or 18 or the movement of which in [F3the relevant territory] is prohibited under article 19.
(7) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any tree pest from the premises mentioned in paragraph (4), he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
Textual Amendments
F2Words in art. 31(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 232(2) (with Sch. 7)
F3Words in art. 31(6)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 232(3) (with Sch. 7)
32.—(1) Without prejudice to article 31, and subject to article 37, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any tree pest referred to in paragraph (2) or any relevant material referred to in paragraph (3), he may, after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority, enter such premises and either on those premises or elsewhere take steps—
(a)to destroy any tree pest referred to in paragraph (2) and to prevent the spread of any such tree pest; or
(b)to destroy or treat any relevant material referred to in paragraph (3).
(2) The tree pests referred to in paragraph (1) are—
(a)a tree pest of a description specified in Schedule 1 or column 3 of Schedule 2; and
(b)any tree pest not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain.
(3) The relevant material referred to in paragraph (1) is—
(a)any relevant material which is carrying or is infected with, or which may be carrying or infected with, a tree pest referred to in paragraph (2); and
(b)any relevant material not carrying or infected with a tree pest referred to in paragraph (2) but in respect of which there is, in the opinion of the inspector, an imminent danger of such a tree pest spreading or being spread.
(4) An inspector on entering any premises under paragraph (1) may take with him such persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph.
(5) Any person whom an inspector takes with him on to premises in accordance with paragraph (4) may, whether or not accompanied by an inspector, upon production if so required of his authority given in that behalf by the Commissioners [F4or, as the case may be, the Welsh Ministers], remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work in such manner as the inspector may direct.
Textual Amendments
F4Words in art. 32(5) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 233 (with Sch. 7)
33.—(1) A notice served under paragraph (1) or (2) of article 31 may specify one or more requirements or alternative requirements.
(2) Any treatment, re-export, destruction or disposal required by a notice served under article 31 shall be carried out or arranged to be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector, no tree pest or relevant material to which the notice relates shall be moved otherwise than directly from or to such a place.
(3) An inspector may amend or withdraw a notice served by an inspector under this Order by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served.
(4) A notice under paragraph (3) may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any tree pest or re-infection or re-infestation by the tree pest to which the original notice relates.
(5) Any notice served under this Part may define by reference to a map or plant or otherwise the extent of the premises referred to in the notice.
(6) Where a notice is served under paragraph (2) or (4) of article 31 (“an article 31 notice”), an inspector may, either in that notice or in a separate notice served on the owner or on such other person as appears to him to be in charge of the premises to which the article 31 notice relates, require the person on whom the notice is served to inform—
(a)[F5the appropriate authority] of any change in the occupation of the premises to which the article 31 notice relates together with the date of such change and the name of the new occupier; and
(b)the new occupier of the premises of the contents of the article 31 notice.
Textual Amendments
F5Words in art. 33(6)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 234 (with Sch. 7)
34.—(1) Subject to paragraphs (2), (3) and (4), a notice under this Order may be served on any person—
(a)by delivering it to him personally;
(b)by leaving it for him at his last known place of abode or business; or
(c)by sending it through the post addressed to him at his last known place of abode or business.
(2) Where a notice under this Order must be served on the occupier or other person in charge of premises, and the last known place of abode or business of that person cannot be ascertained after reasonable inquiry, the notice shall be taken to be served seven days after it has been addressed to “the occupier” and affixed conspicuously to an object on the premises to which the notice relates.
(3) Subject to paragraph (4), a notice served under this Order may—
(a)in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
(b)in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or
(c)in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.
(4) In the case of a registered forestry trader a notice under this Order shall be served on the trader either by delivering it to him personally, or by leaving it for him, or sending it through the post addressed to him, at the address of his premises listed in the [F6registers] or, if more than one such address is registered, any address specified by the trader as his principal address.
Textual Amendments
F6Word in art. 34(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 235 (with Sch. 7)
35. A person on whom a notice has been served under this Order shall, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.
36.—(1) Subject to article 37, if any person fails to comply with a notice served under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises in which any tree pest or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to him to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out.
(2) An inspector entering any premises under paragraph (1) may take with him such other persons, including representatives of the European Commission, and such equipment and vehicles as he considers necessary for the purposes of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Commissioners [F7or, as the case may be, the Welsh Ministers], may remain on the premises and from time to time re-enter the premises with any equipment or vehicles that person considers necessary, and carry out such work and in such manner as the inspector may direct.
(3) Where an inspector takes any steps pursuant to paragraph (1), [F8the appropriate authority] may recover all reasonable costs of taking such steps as a debt from the person on whom the notice was served.
Textual Amendments
F7Words in art. 36(2) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 236(2) (with Sch. 7)
F8Words in art. 36(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 236(3) (with Sch. 7)
37.—(1) The power to enter premises conferred by articles 30, 32 and 36 may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he has been granted a warrant by—
(a)in England and Wales, a justice of the peace; or
(b)in Scotland, a sheriff or a justice of the peace.
(2) A justice of the peace or sheriff may grant a warrant under paragraph (1) only if he is satisfied—
(a)that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and
(b)that there are reasonable grounds for entry under article 30, 32 or 36 as the case may be.
(3) A warrant granted under paragraph (1) shall remain in force—
(a)for one month; or
(b)until the purpose for which the warrant is granted has been fulfilled,
whichever period is the shorter.