- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Plant Health (Wood and Bark) Order (Northern Ireland) 2006, Section 28.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
28.—(1) 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, withdrawing or suspending of any authority to issue a [F2UK plant passport] under Article 26.
(2) An inspector entering premises by virtue of paragraph (1) may—
(a)examine, photograph or mark any part of the premises or any object on the premises;
(b)take samples of or from any 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 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) may take with him such other personsF3..., 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 Department, 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
F1Order revoked (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 6 (with regs. 51-53)
F2Words in art. 28(1)(b) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(32)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in art. 28(7) omitted (31.12.2020) by virtue of The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(32)(b); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: