The Plant Health (Forestry) Order 2005

Actions which may be required by an inspector E+W+S

31.—(1) If an inspector has reasonable grounds for suspecting that any tree pest or relevant material is likely to be, or has been landed in Great Britain in contravention of this Order he may serve a notice in writing in accordance with paragraphs (2) and (3).

(2) An inspector may serve a notice under paragraph (1) on—

(a) a forestry trader or other person who is in possession of or in any way entitled to the custody or control of the tree pest or relevant material which has been landed; or

(b) any person in charge of the premises from which any tree pest or relevant material is likely to be or has been landed.

(3) A notice under paragraph (1) may—

(a) prohibit the landing of any tree pest or relevant material;

(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 any tree pest or relevant material 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 any tree pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest;

(e) require the removal of any tree pest or relevant material from 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 in such a manner and within such reasonable time as may be specified in the notice.

(4) If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises any tree pest referred to in paragraph (5) or any relevant material referred to in paragraph (6), he may by notice in writing served on the occupier or other person in charge of the premises or such tree pest or relevant material—

(a) require any tree pest or relevant material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(b) prohibit the removal of any tree pest or relevant material from premises specified in the notice for such period as may be so specified and, where appropriate, impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any tree pest;

(c) require the removal of any tree pest or relevant material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or

(d) 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 in such manner and within such reasonable time as may be specified in the notice.

(5) The tree pests referred to in paragraph (4) are—

(a) a tree pest of a description specified in Schedule 1 or in column 3 of Schedule 2;

(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; and

(c) any tree pest which is not normally present in another part of the [F1 European Union] and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread to another part of the [F1 European Union].

(6) The relevant material referred to in paragraph (4) is—

(a) any relevant material which is carrying or is infected with, or which may be carrying or infected with, a tree pest referred to in paragraph (5); and

(b) any relevant material the landing of which in Great Britain is prohibited under article 5 or 18 or the movement of which in Great Britain is prohibited under article 19.

(7) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of any tree pest from the premises mentioned in paragraph (4), 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.

Textual Amendments

F1 Words in Order substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6