The Plant Health (Forestry) (Great Britain) Order 1989

Actions which may be taken by an inspector

14.—(1) Without prejudice to article 15, if an inspector has reasonable grounds for suspecting that any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium is likely to be, or has been, landed in Great Britain in contravention of this Order he may by notice in writing served on the importer or any person in charge of the vessel, aircraft, vehicle, hovercraft or freight container from which any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil, or growing medium is likely to be or has been landed–

(a) prohibit the landing;

(b) specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;

(c) require the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium 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 the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium from premises specified in the notice;

(e) require the removal of the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium to 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 tree pest or genetically manipulated material in such manner and within such reasonable time as may be specified in the notice.

(2) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises–

(a) a tree pest of a description specified in Schedule 1;

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

(c) any tree, wood, isolated bark, used forestry machinery, soil or growing medium which is carrying or is infected with, or which may be carrying or infected with, a tree pest mentioned in sub-paragraph (a) or (b) of this paragraph;

(d) any genetically manipulated material

he may by notice in writing served on the occupier or other person in charge of the premises or of any of the things mentioned in sub-paragraphs (a) to (d) of this paragraph–

(i) require any of the things so mentioned to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(ii) prohibit the removal of those things from premises specified in the notice or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any tree pest or genetically manipulated material;

(iii) require the removal of those things to premises specified in the notice in such manner and within such reasonable time as may be so specified;

(iv) 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 tree pest or genetically manipulated material in such manner and within such reasonable time as may be specified in the notice.

(3) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of any tree pest or genetically manipulated material from the premises mentioned in paragraph (2) of this article 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.

(4) Any notice served under paragraph (2) of this article may define by reference to a map or plan or otherwise the extent of the premises declared in the notice to be infected, as the case may be.