The Plant Health (Wales) Order 2006

Notification of the presence or suspected presence of certain plant pests

42.—(1) The occupier or other person in charge of premises who knows or suspects that any plant pest to which this article applies is present on the premises, or any person who, in the course of his or her duties or business, becomes aware or suspicious of the presence of such plant pest on any premises, must immediately give notice of that fact to the National Assembly or an inspector in accordance with paragraph (2).

(2) A notice under paragraph (1) must be given—

(a) in writing; or

(b) orally and must as soon as reasonably practicable after the giving of such notice be confirmed in writing.

(3) This article applies to any plant pest which—

(a) is of a description specified in Part A of Schedule 1;

(b) subject to paragraph (4), is of a description specified in Part B of Schedule 1;

(c) subject to paragraph (4), is of a description specified in Part A of Schedule 2;

(d) subject to paragraph (4), is of a description specified in column 3 of Part B of Schedule 2 and which is present on, or appears to an inspector to have been in contact with, relevant material specified in column 2 of that Schedule opposite the reference to that plant pest; or

(e) although not specified in Schedule 1 or 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain.

(4) Where any plant pest referred to in paragraph 3(b), (c) or (d) is specified in Schedule 18, it is notifiable under paragraph (1) only where it is a subspecies or strain normally present in Great Britain and is found at the premises of a registered plant trader.