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The Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2002

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Powers of an inspector

6.—(1) An inspector may exempt any person from all or any of the requirements in Article 4 for written notification if –

(a)that person applies for it; and

(b)he believes that any notification otherwise given to him has furnished him with sufficient information about any susceptible material the delivery or despatch of which falls under the provisions of this Order.

(2) Any exemption given under paragraph (1) shall be in writing and shall, as soon as reasonably practicable, be sent to the person obtaining it.

(3) An inspector may, for the purposes of checking compliance with this Order—

(a)exercise the powers conferred by Article 25(a) and (b) of the principal Order, as if checking compliance with the principal Order; and

(b)having entered premises by virtue of sub-paragraph (a), require production of documentation or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documentation or records.

(4) Where documentation or records required to be examined by an inspector pursuant to paragraph (3)(b) are kept by means of a computer, an inspector may –

(a)require access to any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; 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.

(5) Any power conferred by Article 25 of the principal Order which is exercised by virtue of this Article shall be treated as if that power had been exercised under the principal Order, and the provisions of the principal Order (including Article 47(1)(a) and (e), and (2) (offences)) shall apply accordingly.

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