Council Regulation (EC) No 2173/2005Dangos y teitl llawn

CHAPTER I U.K. SUBJECT MATTER AND DEFINITIONS

Article 1 U.K.

1. This Regulation establishes a F1 ... set of rules for the import of certain timber products [F2 into Great Britain] for the purposes of implementing the FLEGT licensing scheme.

2. The licensing scheme shall be implemented through Partnership Agreements with timber producing countries.

3. This Regulation shall apply to imports of timber products set out in Annexes II and III from partner countries [F3 listed in Annex 1].

Textual Amendments

F1 Word in Art. 1(1) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(2)(a)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) inserted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(2)(a)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(3) inserted (5.1.2021) by The FLEGT Licensing Scheme (Council Regulation (EC) No 2173/2005) (Amendment) Regulations 2021 (S.I. 2021/2), regs. 1, 3(2)

Article 2 U.K.

For the purposes of this Regulation the following definitions shall apply:

1.

‘Forest Law Enforcement, Governance and Trade licensing scheme’ (hereinafter referred to as FLEGT licensing scheme) means the issuing of licences for timber products for export to [F4 Great Britain] from partner countries and its implementation in [F4 Great Britain], in particular in F5 ... provisions on [F6 import] controls;

2.

‘partner country’ means any State or regional organisation that enters into a Partnership Agreement [F7 , as listed in Annex 1];

3.

‘Partnership Agreement’ means an agreement between the [F8 United Kingdom] and a partner country by which the [F8 United Kingdom] and that partner country undertake to work together F9 ... to implement the FLEGT licensing scheme;

4.

‘regional organisation’ means an organisation consisting of sovereign states that have transferred competence to that organisation, granting it the capacity to enter into a Partnership Agreement on their behalf, in respect of matters governed by the FLEGT licensing scheme [F10 , as listed in Annex 1];

5.

‘FLEGT licence’ means a shipment-based or market participant-based document of a standard format which is to be forgery-resistant, tamper-proof, and verifiable, and which refers to a shipment as being in compliance with the requirements of the FLEGT licensing scheme, duly issued and validated by a partner country’s licensing authority. Systems for issuing, recording and communicating licences may be paper-based or based on electronic means, as appropriate;

6.

‘market participant’ means an actor, private or public, involved in forestry or transformation or trade of timber products;

7.

‘licensing authority(ies)’ means the authority(ies) designated by a partner country to issue and validate FLEGT licences;

8.

[F11 “competent authority” means the Secretary of State;]

9.

‘timber products’ means the products set out in Annexes II and III, to which the FLEGT licensing scheme applies, and which, when imported into [F12 Great Britain], cannot be qualified as ‘goods of a non-commercial nature’ F13 ...;

10.

‘legally produced timber’ means timber products produced from domestic timber that was legally harvested or timber that was legally imported into a partner country in accordance with national laws determined by that partner country as set out in the Partnership Agreement;

11.

‘imports’ means the release for free circulation of timber products [F14 Great Britain];

12.

‘shipment’ means a shipment of timber products;

13.

‘export’ means the physical leaving or taking out of timber products from any part of the geographical territory of a partner country to bring them into [F15 Great Britain];

14.

‘third-party monitoring’ means a system through which an organisation that is independent of a partner country's government authorities and its forest and timber sector monitors and reports on the operation of the FLEGT licensing scheme.

15.

[F16 “goods of a non-commercial nature” means goods whose entry into Great Britain is on an occasional basis and whose nature and quantity indicate that they are intended for the private, personal or family use of the consignees or persons carrying them, or which are clearly intended as gifts;

16.

“customs authorities” means the Commissioners for Her Majesty's Revenue and Customs.]

Textual Amendments

F4 Words in Art. 2(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(a)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 2(1) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(a)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 2(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(a)(iii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(2) inserted (5.1.2021) by The FLEGT Licensing Scheme (Council Regulation (EC) No 2173/2005) (Amendment) Regulations 2021 (S.I. 2021/2), regs. 1, 3(3)(a)

F8 Words in Art. 2(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(c)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(3) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(c)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(4) inserted (5.1.2021) by The FLEGT Licensing Scheme (Council Regulation (EC) No 2173/2005) (Amendment) Regulations 2021 (S.I. 2021/2), regs. 1, 3(3)(b)

F11 Art. 2(8) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(e) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(9) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(f)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(9) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(f)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(11) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(g) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 2(13) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(h) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(iv)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 2(15)(16) inserted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(v)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. FLEGT LICENSING SCHEME

Article 3 U.K.

1. The FLEGT licensing scheme shall apply only to imports from partner countries.

2. Each Partnership Agreement shall specify an agreed schedule for implementing the commitments entered into by that Agreement.

Article 4 U.K.

1. Imports into [F17 Great Britain] of timber products exported from partner countries shall be prohibited unless the shipment is covered by a FLEGT licence.

[F18 2. In order to provide the necessary assurance as to the legality of the timber products concerned, the [F19 Secretary of State] shall assess existing schemes that guarantee the legality and reliable tracking of timber products exported from partner countries, and [F20 by regulations approve any such scheme].

The schemes approved by the [F21 Secretary of State] may form the basis of a FLEGT licence.

3. Timber products of species listed in Annexes A, B and C to Council Regulation (EC) No 338/97(1) shall be exempt from the requirement laid down in paragraph 1 of this Article.

F22 ...]

Textual Amendments

F17 Words in Art. 4(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(4)(a) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(c)); 2020 c. 1, Sch. 5 para. 1(1))

F18 Substituted by Regulation (EU) No 657/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 2173/2005 as regards the delegated and implementing powers to be conferred on the Commission.

F19 Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 4(3) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(4)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K.

1. A FLEGT licence covering each shipment shall be available to the competent authority at the same time as the customs declaration for that shipment is presented for release for free circulation in [F23 Great Britain]. The [F24 competent authority] shall keep a record — in electronic or paper format — of the original FLEGT licence together with the corresponding customs declaration.

Import of timber products under a FLEGT licence issued to a market participant shall be accepted as long as the market participant’s licence remains valid.

F25 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The [F26 competent authority] shall grant to the persons or bodies designated by partner countries as being responsible for the third party monitoring of the FLEGT licensing scheme access to the relevant documents and data, but the [F26 competent authority] shall not be required to provide any information which [F27 it is] not permitted to communicate pursuant to [F28 any enactment or rule of law].

4. The [F29 competent authority] shall decide on the need for further verification of shipments using a risk-based approach.

5. In case of doubt as to the validity of the licence, the [F30 competent authority] may ask the licensing authorities for additional verification and seek further clarification, as set out in the Partnership Agreement with the exporting partner country.

F31 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. Customs authorities may suspend the release of or detain timber products where they have reason to believe that the licence may not be valid. Costs incurred while the verification is completed shall be at the expense of the importer, except where the [F32 Secretary of State] determines otherwise.

F33 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34 9. The Secretary of State may, by regulations, make provision—

(a) for the information to be produced in a licence,

(b) for the form of such a licence, and

(c) in relation to the acceptance and verification of licences, including in relation to the inspection of shipments.]

Textual Amendments

F23 Words in Art. 5(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(a)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 5(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(a)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 5(2) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 5(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(c)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 5(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(c)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 5(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(c)(iii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 5(4) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(d) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 5(5) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(d) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F31 Art. 5(6) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(e) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 5(7) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(f) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F33 Art. 5(8) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(g) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Art. 5(9) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)

F35 Article 6 U.K.

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Textual Amendments

F35 Art. 6 omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(6) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F36 Article 7 U.K.

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Textual Amendments

F36 Art. 7 omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(6) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F37 Article 8 U.K.

1. [F38 The Secretary of State must prepare and publish,] at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year.

[F39 2. The first report under this Article must be published on or before 30 April 2022.]

F40 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F37 Substituted by Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (Text with EEA relevance).

F38 Words in Art. 8(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(7)(a) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F39 Art. 8(2) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(7)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F40 Art. 8(3) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(7)(c) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. GENERAL PROVISIONS

F41 Article 9 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Art. 9 omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(8) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F18 Article 10 U.K.

[F42 1. The Secretary of State may, by regulations, insert an Annex 1 into this Regulation listing the partner countries and their designated licensing authorities.]

2. The [F43 Secretary of State may, by regulations,] amend the list of timber products as set out in Annex II to which the FLEGT licensing scheme applies. [F44 When making regulations under this paragraph, the Secretary of State] shall take into account the implementation of the FLEGT Partnership Agreements. Such amendments shall comprise commodity codes, at four-digit heading level or six-digit subheading level of the current version of Annex I to the Harmonised Commodity Description and Coding System.

3. The [F45 Secretary of State may, by regulations,] amend the list of timber products as set out in Annex III to which the FLEGT licensing scheme applies. [F46 When making regulations under this paragraph, the Secretary of State] shall take into account the implementation of the FLEGT Partnership Agreements. Such amendments shall comprise commodity codes, at four-digit heading level or six-digit subheading level of the current version of Annex I to the Harmonised Commodity Description and Coding System and shall only apply in relation to the corresponding partner countries as set out in Annex III.]

Textual Amendments

F18 Substituted by Regulation (EU) No 657/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 2173/2005 as regards the delegated and implementing powers to be conferred on the Commission.

F42 Art. 10(1) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 10(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 10(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 10(3) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 10(3) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F47 Article 11 U.K.

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Textual Amendments

F47 Art. 11 omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(5); 2020 c. 1, Sch. 5 para. 1(1)

[F48 Article 11a U.K.

1. Regulations made under this Regulation are to be made by statutory instrument.

2. A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.]

Textual Amendments

F48 Art. 11a substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K.

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

F49 ...

Textual Amendments

F49 Words in Signature omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(9) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)