The Plant Health (Phytophthora ramorum) (Scotland) Order 2004

Actions which may be required by an inspector

12.—(1) If an inspector has reasonable grounds for suspecting that Phytophthora ramorum is present or likely to be present on any premises, that inspector may, for the purposes of enforcing article 3(b), by notice in writing served on the occupier or person in charge of the premises or of the susceptible material–

(a) require any of the susceptible material to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;

(b) prohibit the removal of those susceptible material from premises specified in the notice or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of Phytophthora ramorum;

(c) require the removal of those susceptible material to premises specified in the notice in such manner and within such reasonable time as may be so specified; or

(d) require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of Phytophthora ramorum in such manner and within such reasonable time as may be specified in the notice.

(2) If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of or ensuring the eradication of Phytophthora ramorum from the premises mentioned in paragraph (1) of this article, that inspector 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 that inspector 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.

(3) For the purposes of carrying out an examination of susceptible material upon its entry into Scotland an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into Scotland, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.