The Plant Health (Forestry) (Great Britain) Order 1993

Actions which may be required by an inspector

21.—(1) Without prejudice to article 22, 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 by notice in writing served on a forestry trader or any person in charge of the vehicle, vessel, aircraft, hovercraft or freight container from which any tree pest or relevant material 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 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 and for a period specified in the notice;

(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 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 or elsewhere in the European Community 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 or elsewhere in the European Community;

(c) any relevant material which is carrying or 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 relevant material the landing of which in Great Britain is prohibited under article 3(1) or the movement of which in Great Britain is restricted under article 5(1);

(e) in any protected zone described in column 2 of Part B of Schedule 2, any relevant material the introduction of which into that zone is prohibited under article 4(1) or the movement of which within that zone is restricted under article 6,

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 (e) above—

(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;

(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 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 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 paragraphs (1) to (3) of this article may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.