40.—(1) The occupier or other person in charge of premises who knows or suspects that any tree pest to which this article applies is present on the premises, or any other person who, in the course of his duties or business, becomes aware or suspicious of the presence of such tree pest on any premises, shall immediately give notice to [F1the appropriate authority] or an inspector of the presence or suspected presence of such tree pest F2....
[F3(1A) Where a person gives notice in accordance with paragraph (1) orally, he shall confirm it in writing as soon as reasonably practicable.]
(2) This article applies to any tree pest—
(a)which is of a description specified in Schedule 1 or in column 3 of Schedule 2; or
(b)which, although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain.
Textual Amendments
F1Words in art. 40(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 239 (with Sch. 7)
F2Words in art. 40(1) omitted (6.11.2006) by virtue of Plant Health (Forestry) (Amendment) Order 2006 (S.I. 2006/2696), arts. 1, 2(4)(a)
F3Art. 40(1A) inserted (6.11.2006) by Plant Health (Forestry) (Amendment) Order 2006 (S.I. 2006/2696), arts. 1, 2(4)(b)