The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

Information notices

31.—(1) A plant health inspector or any other officer of the Scottish Ministers may by notice in writing require an appropriate person to give to the inspector or officer, within the time specified in the notice, any information which the person may possess as to—

(a) the plants grown or products stored at any time on the premises specified in the notice,

(b) any plant pest or plant, plant product or other object referred to in paragraph (4)(b),

(c) the persons who have had, or are likely to have had, any plant pest or plant, plant product or other object referred to in paragraph (4)(b) in their possession or under their charge.

(2) The time within which the information is required to be given to the plant health inspector or other officer must be reasonable.

(3) An appropriate person must produce for examination by the plant health inspector or other officer any authorisation, official statement, certificate, plant passport, record, invoice or other document relating to a plant pest or any plant, plant product or other object specified in the notice.

(4) In this regulation, “appropriate person” means—

(a) in relation to any premises to be specified in a notice under paragraph (1), a person who is the owner, occupier or other person in charge of the premises,

(b) a person who has, has had, or is reasonably suspected by the plant health inspector or officer to have or have had, possession or charge of—

(i) a controlled plant pest,

(ii) any plant, plant product or other object which was carrying a controlled plant pest or which was infested by or infected with a controlled plant pest,

(iii) any plant, plant product or other object which the inspector or officer knows or suspects to have been imported into or exported from Scotland,

(c) a person who, as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of a controlled plant pest.