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

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

30.— (1) Without prejudice to Article 29, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any 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 pest referred to in paragraph (2) and to prevent the spread of any such 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 pest of a description specified in Schedule 1 or column 3 of Schedule 2; [F2 or, as regards Northern Ireland, a regulated pest] and

(b) any pest 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;

(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 pest referred to in paragraph (2); and

(b) any relevant material not carrying or infected with a 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 pest spreading or being spread.

(4) An inspector on entering any premises under paragraph (1) may take with him such personsF3 ..., 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 Department, 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

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. 30(2)(a) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(35)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 30(4) 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(35)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 30 in operation at 31.3.2006, see art. 1