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

[F1 Information to be given N.I.

39.— (1) An inspector or any other officer of the Department may by notice in writing require any person referred to in paragraph (2) to give the inspector or officer within such reasonable time as may be specified in that notice any information referred to in paragraph (3).

(2) A person to which paragraph (1) refers is any person who—

(a) is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;

(b) has or has had or is reasonably suspected by an inspector or other officer of the Department to have or have had in his possession or under his charge—

(i) any pest which is of a description specified in [F2 Schedule 1 or 2 to the Plant Health Regulations;] ;

[F3 (ii) any pest other than a regulated pest which, although not specified in Schedule 1 or 2 to the Plant Health Regulations, is not normally present in Northern Ireland and is likely to be injurious to trees in Northern Ireland;]

(iii) any relevant material carrying or infected with a pest mentioned in sub-paragraph (i) or (ii); or

(iv) any relevant material which an inspector or any other officer of the Department knows to have been landed or suspects has been landed in, or exported from, Northern Ireland; or

(c) as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any of the things mentioned in sub-paragraph (b).

(3) The information referred to in paragraph (1) is any information that a person referred to in paragraph (2) may possess—

(a) as to products stored at any time on the premises referred to in paragraph (2)(a);

(b) as to any pest or relevant material referred to in paragraph (2)(b); and

(c) as to the persons who have had or are likely to have had any pest or relevant material referred to in paragraph (2)(b) in their possession or under their charge.

(4) A person who is required to give an inspector or other officer any information under paragraph (1) shall produce for examination by that inspector or other officer any licences, official statements, certificates, [F4 UK] plant passports, records, invoices or other documents relating to any pest or relevant material to which that information relates.]

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. 39(2)(b)(i) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(42)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 39(2)(b)(ii) substituted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(42)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in art. 39(4) inserted (31.12.2020) by The Plant Health (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/820), regs. 1(1), 3(42)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Art. 39 in operation at 31.3.2006, see art. 1