The Plant Health (Wood and Bark) Order (Northern Ireland) 2006

[F1 Actions which may be required by an inspector N.I.

29.— (1) If an inspector has reasonable grounds for suspecting that any pest or relevant material is likely to be, or has been [F2 brought into a point of entry located] in Northern Ireland 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 pest or relevant material which has been [F3 brought into the point of entry] ; or

(b) any person in charge of the premises from which any pest or relevant material is likely to be or has been [F3 brought into the point of entry.

(3) A notice under paragraph (1) may—

(a) prohibit the [F4 bringing in] of any pest or relevant material;

(b) specify the manner in which [F5 any pest or relevant material is to be brought in] and the precautions which are to be taken during and subsequent [F6 to its entry] ;

(c) require any 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 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 pest;

(e) require the removal of any 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 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 anything 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 pest or relevant material—

(a) require any 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 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 pest;

(c) require the removal of any pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified;

(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 pest in such manner and within such reasonable time as may be specified in the notice.

(5) The pests referred to in paragraph (4) are—

(a) a pest of a description specified in Schedule 1 or in column 3 of Schedule 2 [F7 or, as regards Northern Ireland, a regulated plant pest] ;

(b) any pest which is not normally present in Northern Ireland and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Northern Ireland; F8 ...

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 pest referred to in paragraph (5); and

(b) any relevant material the landing of which in Northern Ireland is prohibited under Article 4F9 ... or the movement of which in Northern Ireland is prohibited under Article 18 [F10 or, as regards Northern Ireland, Article 18A] .

[F11 (6A) Subject to this Article, in the case of relevant material imported from the EU which did not require a plant passport immediately before exit day, such material will not be subject to checks under Articles 11A and 28 of this Order.]

(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 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

F1 Order 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)

F2 Words in art. 29(1) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(34)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 29(2) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(34)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in art. 29(3)(a) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(34)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in art. 29(3)(b) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(34)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in art. 29(3)(b) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(34)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in art. 29(5)(a) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(34)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 29(5)(c) and word 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(34)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in art. 29(6)(b) 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(34)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in art. 29(6)(b) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(34)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 29(6A) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(34)(f); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 29 in operation at 31.3.2006, see art. 1