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The Plant Health (Great Britain) Order 1993

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Actions which may be required by an inspector

22.—(1) If an inspector has reasonable grounds for suspecting that any plant pest, plant, plant product, or other object is likely to be, or has been, landed in Great Britain in contravention of this Order he may by notice in writing served on the importer or any person in charge of the vessel, aircraft, vehicle, hovercraft or freight container from which any plant pest, plant, plant product, or other object 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 the plant pest, plant, plant product, or other object to be treated,re-exported, returned to its point of origin, destroyed or otherwise disposed of in such a manner and within such reasonable time as may be specified in the notice;

(d)prohibit the removal of the plant pest, plant, plant product, or other object from premises specified in the notice;

(e)require the removal of the plant pest, plant, plant product, or other object to 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 plant 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 plant pest of a description specified in Part A of Schedule 1, Part A ofSchedule 2 or where appropriate Part B of Schedule 1 or 2;

(b)any plant pest which is not normally present in Great Britain 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;

(c)any plant, plant product, or other object which is carrying or is infected with, or which may be carrying or infected with, a plant pest mentioned in sub-paragraph (a) or (b) of this paragraph;

(d)any plant pest, plant, plant product or other object kept, planted or moved in contravention of this Order;

(e)any genetically modified plant pest,

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) of this paragraph—

(i)require any of the objects 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 objects 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 plant pest;

(iii)require the removal of those objects 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 plant 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 or ensuring the eradication of any plant 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.

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