The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

Notices in relation to controlled plant pests or prohibited material

15.—(1) A plant health inspector may serve a notice on the appropriate person—

(a) requiring the appropriate person to treat, destroy or otherwise dispose of the controlled plant pest or prohibited material;

(b) prohibiting for the period specified in the notice—

(i) the removal of any controlled plant pest or prohibited material from the premises; or

(ii) any activity which the inspector considers necessary to prohibit in order to prevent the establishment or spread of a controlled plant pest;

(c) requiring the removal of any controlled plant pest or prohibited material from the premises; or

(d) requiring the taking of any other steps, as specified in the notice, which the inspector considers necessary to eradicate the controlled plant pest or prevent its establishment or spread.

(2) If a plant health inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of, or ensuring the eradication of, any controlled plant pest from any premises, the inspector may serve a notice on the occupier imposing any prohibition or requiring any reasonable step to be taken for that purpose.

(3) In paragraph (1), “appropriate person” means—

(a) in the case of premises used by a professional operator, the professional operator;

(b) in the case of any other premises—

(i) the occupier or any other person in charge of the premises;

(ii) any other person who is charge of the controlled plant pest or the prohibited material at those premises.