PART 4Official activities to prevent the establishment or spread of plant pests

Action which may be taken by a plant health inspector16

1

A plant health inspector may, on giving reasonable notice, enter any premises and any adjacent premises for the purpose of taking steps to—

a

eradicate, destroy or otherwise deal with any controlled plant pest;

b

prevent the spread of any controlled plant pest; or

c

destroy, treat or otherwise deal with any infected material.

2

A plant health inspector must, if requested to do so, produce evidence of the inspector’s authority before entering any premises for the purposes specified in paragraph (1).

3

Paragraph (1) does not apply to any premises which are used wholly or mainly as a private dwelling unless 24 hours’ notice has been given to the occupier.

4

A plant health inspector may be accompanied by such other persons (including representatives of the European Commission) and bring onto the premises such equipment and vehicles as the inspector considers necessary.

5

A person accompanying a plant health inspector under paragraph (4) may—

a

remain on the premises and from time to time re-enter the premises without a plant health inspector;

b

bring onto the premises any equipment or vehicles that the person considers necessary; and

c

carry out work on the premises in a manner directed by a plant health inspector.

6

In paragraph (1), “infected material” means—

a

a plant, plant product or other object which is carrying or is infested by or infected with a controlled plant pest or may be carrying or be infested by or infected with a controlled plant pest;

b

a plant, plant product or other object which is not carrying or is not infested by or infected with a controlled plant pest but the presence or existence of which may, in the opinion of a plant health inspector, cause a controlled plant pest to spread or be spread.