Article 23 Information to be given

(1)

Any person who–

(a)

is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;

(b)

has or has had or is reasonably suspected by an inspector or any other officer of the Commissioners to have or have had in his possession or under his charge–

(i)

any tree pest which is of a description specified in Schedule 1, or

(ii)

any tree pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain, or

(iii)

any tree, wood, isolated bark, used forestry machinery, soil or growing medium carrying or infected with a tree pest mentioned in paragraph (1)(b)(i) or (ii) of this article, or

(iv)

any tree, wood, isolated bark, used forestry machinery, soil or growing medium which an inspector or any other officer of the Commissioners knows to have been landed or suspects has been landed in, or exported from, Great Britain, or

(v)

any genetically manipulated material; or

(c)

as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any of the things mentioned in sub-paragraph (b) of this article

shall, if so required by an inspector or any other officer of the Commissioners by notice in writing, give to the said inspector or officer within such reasonable time as may be specified in that notice, any information he may possess as to trees grown or products stored at any time on the premises mentioned in sub-paragraph (a) of this article, as to any of the things mentioned in sub-paragraph (b) of this article and as to the persons who have or have had or are likely to have or have had any of the last mentioned things in their possession or under their charge, and shall produce for examination by an inspector or other officer, any licences, declarations, certificates, records, invoices or other documents relating to such things.

(2)

Any information given under this article shall not be used as evidence against the person giving the information in any prosecution, except in respect of an alleged failure to comply with this article.