Notification of the likely entry into, or presence in, a free zone of tree pests or relevant materialE+W+S
41.—(1) The responsible authority for a free zone who knows or suspects that any of the things to which this article applies is likely to enter, or is present in, such a free zone, shall immediately give notice of that fact to [F1the appropriate authority] or an inspector 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—
(a)any tree pest which is of a description specified in Schedule 1 or in column 3 of Schedule 2;
(b)any tree pest 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; and
(c)any relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in column 3 of that Schedule opposite the reference to that relevant material,
which has been, or is likely to be, landed in [F4a relevant territory], and has not been cleared out of charge under the Customs Act.
(3) In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act(1).
Textual Amendments
F1Words in art. 41(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. 240(2) (with Sch. 7)
F2Words in art. 41(1) omitted (6.11.2006) by virtue of Plant Health (Forestry) (Amendment) Order 2006 (S.I. 2006/2696), arts. 1, 2(5)(a)
F3Art. 41(1A) inserted (6.11.2006) by Plant Health (Forestry) (Amendment) Order 2006 (S.I. 2006/2696), arts. 1, 2(5)(b)
F4Words in art. 41(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 240(3) (with Sch. 7)
See section 100A of the Customs Act which was inserted by the Finance Act 1984 (c. 43), section 8 and Schedule 4, Part 1.