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

Examination, sampling and marking

24.—(1) For the purposes of enforcing the provisions of this Order and in particular—

(a) ascertaining whether there is or has been any contravention of those provisions, or

(b) carrying out an examination of a forestry trader’s premises or of relevant material on such premises in connection with the granting, withdrawing or suspending of any authority to issue a plant passport under article 17,

an inspector shall have a right on producing, if so requested, his authority, and subject to article 27, at all reasonable times to enter any premises.

(2) An inspector entering premises by virtue of paragraph (1) above or of a warrant granted under article 27 may—

(a) examine, photograph or mark any part of the premises or any object on the premises;

(b) take samples of or from any tree pest or relevant material or from any container or package, or any material which has been or may have been in contact therewith; and

(c) inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.

(3) An inspector entering premises by virtue of paragraph (1) above, or of a warrant granted under article 27, may take with him such other persons, including representatives of the Commission of the European Communities, and such equipment or vehicles as he considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Commissioners or an inspector, remain on and from time to time re-enter the premises with such equipment or vehicles as aforesaid, and carry out such work as the inspector may direct in the exercise of his functions under this Order.

(4) An inspector may, for the purpose of exercising any of his functions under paragraph (2) above, open, or authorise any person to open on his behalf, any container or package, or require the owner or person in charge of any container or package to open it.

(5) Where any such record as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may—

(a) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record, and

(b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.

(6) An inspector may, so far as necessary to enable him to exercise any of the powers conferred by paragraph (2) above, prohibit entirely or to such extent as he may specify the movement of any tree pest or relevant material, container or package, or any material which may have been in contact therewith.