2017 No. 966

Health Care And Associated Professions

The General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2017
Made
2nd October 2017
Coming into force
1st January 2018
At the Council Chamber, Whitehall the 2nd day of October 2017
By the Lords of Her Majesty's Most Honourable Privy Council
The General Dental Council has made the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017 which are set out in the Schedule to this Order, in exercise of the powers conferred by sections 34A(1) and (4), 34B, 36Z1(1) and (4), 36Z2, 50A(6) and (7), and 50C(5) and (6) of the Dentists Act 1984 .
By virtue of section 50C(2) and (3) of that Act, these rules are not to come into force until approved by order of the Privy Council.

Citation and commencement
1
This Order may be cited as the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2017 and comes into force on 1st January 2018.

Privy Council approval
2
Their Lordships, having taken the Rules in the Schedule into consideration, are pleased to and do approve them.
Richard Tilbrook
Clerk of the Privy Council
SCHEDULE 1

The General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017
Article 2
These rules are made by the General Dental Council, in exercise of their powers under sections 34A(1) and (4), 34B, 36Z1(1) and (4), 36Z2, 50A(6) and (7), and 50C(5) and (6) of the Dentists Act 1984 .

Citation, commencement and interpretation
1
1
These rules may be cited as the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017 and come into force on 1st January 2018.
2
These rules take effect—
a
in respect of dentists, on 1st January 2018;
b
in respect of dental care professionals, on 1st August 2018.
3
In these rules—
- “CPD” means continuing professional development through learning, training, or other developmental activities which—
  1. can reasonably be expected to maintain and develop a person's practice as a dentist or dental care professional; and
  2. is relevant to the person's field of practice;
- “CPD cycle” means, in respect of—
  1. a dentist, a period of five years beginning on 1st January following the date the dentist is first registered and each subsequent period of five years;
  2. a dental care professional, a period of five years beginning on 1st August following the date the dental care professional is first registered and each subsequent period of five years;
  3. a temporary registrant, an accumulation of 1826 days of temporary registration beginning on the first day of temporary registration;
- “CPD record” means the record kept by a practitioner in accordance with rule 3;
- “CPD requirement” means the number of CPD hours required to be undertaken in accordance with rule 2;
- “CPD year” means, in respect of—
  1. a dentist, a period of 12 months beginning on 1st January in any calendar year;
  2. a dental care professional, a period of 12 months beginning on 1st August in any calendar year; and
  3. a temporary registrant, an accumulation of 365 days of temporary registration;
- “dental care professional” means a registered dental care professional ;
- “dentist” means a registered dentist ;
- “field of practice” in respect of a person means the activities that comprise the person's practice and intended practice, having regard to the title under which they are registered or in respect of which they are applying for restoration to the register, or area of specialist practice, within that title;
- “practitioner” means a dentist or a dental care professional ...;
- “register”—
  1. in respect of a dentist, means the dentists register established under section 14(1);
  2. in respect of a dental care professional, means the dental care professionals register established under section 36B(1);
and in both cases “registered” shall be construed accordingly;
- “temporary registrant” means a person registered under section 17 .
4
In these Rules, “learning outcome” means an outcome intended to maintain or achieve a standard of conduct, performance and practice expected of dentists or dental care professionals (as the case may be) according to guidance prepared by the Council under section 26B(1) and 36M(1) relating to, in whole or in part, one or more of the following—
a
effective communication with patients, the dental team, and others across dentistry, including when obtaining consent, dealing with complaints, and raising concerns where patients are at risk;
b
effective self-management and effective management of, or work with, others in the dental team, to serve the interests of patients at all times, and provide constructive leadership where appropriate;
c
the maintenance and development of knowledge and skill within a practitioner's field of practice;
d
the maintenance of skills, behaviours and attitudes which maintain patient confidence in the practitioner and in the dental profession and which put patients' interests first.
5
In these rules, references to numbered Parts, sections and subsections are references to so numbered Parts, sections and subsections of the Dentists Act 1984.

CPD requirement
2
1
For each CPD cycle, a practitioner must complete the minimum number of hours of CPD determined in accordance with the following table-

Table
Column 1 | Column 2
Title | Minimum hours of CPD per cycle
Dentists | 100
Dental therapists | 75
Dental hygienists | 75
Orthodontic therapists | 75
Clinical dental technicians | 75
Dental nurses | 50
Dental technicians | 50
2
Where a practitioner is registered under only one of the titles entered in column 1 of the table, the minimum number of hours of CPD that practitioner must complete is that set out in the entry in column 2 of the table which corresponds to that particular title.
3
Where a practitioner is registered under more than one title entered in column 1 of the table, the minimum number of hours of CPD that practitioner must complete is the highest of the entries in column 2 of the table which corresponds to those particular titles.
4
The CPD undertaken in each CPD cycle must include activities relevant to each field of practice in which the practitioner practised during that cycle.
5
In completing the minimum number of hours required under paragraph (1)—
a
a temporary registrant must undertake at least 20 hours of CPD during each CPD year;
b
a practitioner who is not a temporary registrant must undertake at least 10 hours of CPD during each period of two consecutive CPD years (including any such two year period which spans over more than one CPD cycle).
6
Any CPD undertaken by the practitioner is only to count towards the minimum number of hours referred to in paragraphs (1) and (5) if—
a
there is documentary evidence from the provider of the CPD which states—
i
the subjects, learning content, aims, objectives and anticipated learning outcomes of the CPD and the date that the CPD was undertaken,
ii
the total number of hours of CPD undertaken,
iii
the name of the practitioner who has participated in the CPD activity,
iv
that the CPD is subject to quality assurance and the name of the person or body providing the quality assurance is provided;
b
that documentary evidence includes confirmation from the provider that the information contained in it is full and accurate; and
c
the CPD delivered a learning outcome identified in the practitioner's CPD record in accordance with rule 3(2)(a).

CPD record
3
1
A practitioner must maintain a written record of all CPD that the practitioner plans to undertake and has undertaken during the CPD cycle.
2
The CPD record must comprise—
a
a plan which identifies the CPD which the practitioner plans to undertake during the relevant CPD cycle, the learning outcome which it aims to meet and a timeframe for its completion;
b
a description of the CPD undertaken, the date it was undertaken and the number of hours attributed to the CPD;
c
the documentary evidence referred to in rule 2(6)(a) in relation to the CPD undertaken; and
d
the learning outcome achieved from the CPD undertaken.
3
A practitioner must retain the CPD record for five years after the end of the CPD cycle to which it relates.

Annual CPD statement
4
1
For each CPD year, a practitioner must, within the notice period, submit to the registrar a statement (“annual CPD statement”) which—
a
confirms the number of hours of CPD undertaken by the practitioner during the CPD year to which the statement relates or, if the practitioner has not undertaken any CPD in that CPD year, confirmation that no CPD has been undertaken;
b
confirms that the practitioner has kept a CPD record in accordance with rule 3;
c
confirms that the CPD undertaken (where applicable) was relevant to the practitioner's field of practice; and
d
includes a declaration by the practitioner that the information contained in it is full and accurate.
2
In the final CPD year of the CPD cycle, the annual CPD statement must also include—
a
the total number of hours of CPD undertaken by the practitioner during the CPD cycle; and
b
confirmation that the CPD undertaken by the practitioner during the CPD cycle included activities relevant to each field of practice in which the practitioner practised during that cycle.
3
In this rule, “notice period” means the period beginning at the start of the CPD year to which the CPD statement relates and ending no later than 28 days after the end of that year.

Notice to submit CPD record and other documents
5
1
The registrar may send the practitioner a notice requiring the practitioner to submit to the registrar—
a
at any time during a CPD cycle, the practitioner's CPD record in relation to any completed part of that CPD cycle;
b
at any time within the period of five years after the end of a CPD cycle, the practitioner's CPD record for that CPD cycle;
c
any documents or information the registrar considers relevant for the assessment of the practitioner's compliance with the requirements of these rules.
2
The notice referred to in paragraph (1) must specify a date, not less than 28 days after the date on which the notice was sent, by which the practitioner must comply with it.

Failure to comply with the CPD requirement or CPD record
6
Where the registrar is not satisfied that the practitioner has met the requirements in any of rules 2, 3, 13 and 14, the registrar must send a notice to the practitioner—
a
stating the reasons why the registrar is not so satisfied;
b
inviting the practitioner to make written representations or submit written evidence to the registrar on the matters specified in the notice;
c
specifying a date, not less than 28 days after the date on which the notice is sent, by which the registrar must receive the practitioner's response to the notice;
d
informing the practitioner that the practitioner's name may be erased from the register or, in the case of a dental care professional, the dental care professional's name may be erased from any of the titles under which the dental care professional is registered, if—
i
after considering any response made by the practitioner under sub-paragraph (b), the registrar is not satisfied that the practitioner has met the requirement in any of rules 2, 3, 13 or 14; or
ii
the registrar does not receive from the practitioner any response to the notice within the time limit specified by virtue of sub-paragraph (c).

Failure to submit documents
7
1
Where the practitioner has failed to comply with any of the following requirements—
a
to submit an annual CPD statement in accordance with rule 4, or has submitted the statement but it does not contain the information specified in that rule;
b
to submit the whole or part of a CPD record in accordance with rule 5; or
c
to submit any further documents requested in accordance with rule 5,
the registrar may send the practitioner a notice requiring the practitioner to comply with any of the requirements the practitioner has failed to comply with.
2
The notice must—
a
state which of the requirements referred to in paragraph (1) with which the practitioner must comply;
b
specify a date, not less than 28 days after the date on which the notice is sent, by which the practitioner must comply with the notice; and
c
state that if, by the date specified in the notice, the practitioner does not comply with the notice that—
i
in the case of a dentist, the dentist's name may be erased from the register or,
ii
in the case of a dental care professional, the dental care professional's name may be erased from any of the titles under which the dental care professional is registered.

Erasure from the register
8
The registrar may erase the practitioner's name from the register or, in the case of a dental care professional, any of the titles under which the dental care professional is registered if—
a
the registrar—
i
has not received from the practitioner any representations or written evidence in response to the notice sent under rule 6 within the time limit specified by virtue of paragraph (1)(c) of that rule, or
ii
having considered any written representations or written evidence submitted by the practitioner in response to the notice sent under that rule, is not satisfied that the practitioner has met the requirements under rules 2, 3, 13 or 14 (as the case may be);
b
the practitioner has failed to comply with a notice sent under rule 7 within the time limit specified by virtue of paragraph (2)(b) of that rule .

Grace period
9
1
A practitioner who has not complied with the CPD requirement as set out in rule 2 in respect of a CPD cycle may, before the end of the CPD cycle, apply in writing to the registrar for a further period in which to complete the outstanding CPD in respect of that cycle (a “period of grace”).
2
The registrar must not consider an application under paragraph (1) if it is received more than six months before the end of the CPD cycle to which the application for a period of grace relates.
3
Where the registrar is satisfied that there is good reason to do so, the registrar may grant a person bringing an application under paragraph (1) a single period of grace ending 56 days after the end of the CPD cycle.
4
Where a person has been granted a period of grace—
a
rule 4 is to apply to them as if the reference to the CPD cycle was a reference to the end of the period of grace; and
b
any outstanding CPD undertaken during the period of grace will not be counted as CPD for the CPD cycle in which it is undertaken.

Restoration to the register: requirements
10
1
This rule applies to an application for restoration to the register made by a person (‘the applicant’) who was previously registered and whose name was erased for any reason.
2
An application under this rule must be accompanied by—
a
evidence that, in relation to the most recent CPD cycle completed by the applicant, the applicant met the requirements (where applicable) of—
i
rules 2, 3 and 4,
ii
rules 3, 4 and 5 of the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 or rules 3, 4 and 5 of the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008 (as the case may be);
b
a record of all CPD undertaken in the shorter of the period—
i
beginning with the end of the CPD cycle to which the evidence submitted under sub-paragraph (a) relates and ending on the date the application under paragraph (1) is received,
ii
of five years preceding that application, or
iii
beginning with the date of first registration and ending on the date the application under paragraph (1) is received.
3
The record in paragraph (2)(b) must—
a
in relation to any dentist—
i
where CPD is undertaken before 1st January 2018, contain the information set out in rule 4(2) of the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008, and
ii
where CPD is undertaken after 31st December 2017, contain the information set out in rule 3.
b
in relation to any dental care professional—
i
where CPD is undertaken before 1st August 2018, contain the information set out in rule 4(2) of the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008, and
ii
where CPD is undertaken after 31st July 2018, contain the information set out in rule 3.
4
The applicant must satisfy the registrar that, in respect of the period which is applicable under paragraph (2)(b), the applicant has completed—
a
in relation to an application for restoration to the dentists register—
i
for each CPD year which elapsed before 1st January 2018, at least 50 hours of CPD, of which a minimum of 15 hours are to be verifiable CPD, and
ii
for each CPD year which elapsed after 31st December 2017, a minimum of 20 hours of CPD;
b
in relation to an application for restoration to the dental care professionals register—
i
for each CPD year which elapsed before 1st August 2018, at least 30 hours of CPD, of which a minimum of 10 hours are to be verifiable CPD, and
ii
for each CPD year which elapsed after 31st July 2018, a minimum of one fifth of the number of hours of CPD which is required in rule 2 in respect of a CPD cycle.
5
In this rule references to ‘verifiable CPD’ have the same meaning as prescribed by the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 and of the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008.

Restoration to the register: procedure
11
1
Where the registrar receives an application to which rule 10 applies and the registrar is satisfied that the application satisfies the requirements of the relevant paragraphs of that rule, the registrar may restore the applicant's name to the register.
2
Where the registrar receives an application to which rule 10 applies and the registrar is not satisfied that the applicant satisfies the requirements applicable under that rule, the registrar must send a notice to the applicant which—
a
states the reasons why the registrar is not satisfied that the application satisfies the requirements of the relevant paragraph or paragraphs; and
b
invites the applicant to make written representations or submit written evidence to the registrar on the matters specified in the notice.
3
The notice must specify a date, not less than 28 days after the date on which the notice is sent, by which the applicant must respond to it.
4
Where, after considering any written representations made or written evidence submitted by an applicant in response to the notice, the registrar is still not satisfied that the application satisfies the requirements of the relevant paragraph or paragraphs of rule 10, the registrar may decide not to restore the applicant's name to the register .

Service of notices by electronic communication
12
Any notification to be served by the registrar under these rules may be served on a person by an electronic communication, but only if—
a
the person consents in writing to the receipt of such notifications by electronic communication; and
b
the communication is sent to the number or address specified by that person when giving consent.

Transitional provisions
13
Where a dentist has commenced a CPD cycle within the meaning of the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 on any day before 1st January 2018 and that CPD cycle comes to an end on any day after that date, the CPD requirement for that CPD cycle is to be calculated as follows—
a
for the period beginning with the day on which the CPD cycle commenced and ending on 31st December 2017, the CPD requirement is to be calculated on a pro-rata basis in accordance with the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008; and
b
for the period beginning with the 1st January 2018 and ending on the last day of the CPD cycle, the CPD requirement is to be calculated on a pro-rata basis in accordance with these rules.
14
Where a dental care professional has commenced a CPD cycle within the meaning of the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry ) Rules 2008 on any day before 1st August 2018 and that CPD cycle comes to an end on any day after that date, the CPD requirement for that CPD cycle is to be calculated as follows—
a
for the period beginning with the day on which the CPD cycle commenced and ending on 31st July 2018, the CPD requirement is to be calculated on a pro-rata basis in accordance with the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008; and
b
for the period beginning with the 1st August 2018 and ending on the last day of the CPD cycle, the CPD requirement is to be calculated on a pro-rata basis in accordance with these rules.

Revocations
15
Subject to rules 16 and 17, the General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 and the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008 are revoked.

Saving provisions
16
The General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 are to continue to have effect as they applied on 31st December 2017 for the purposes of—
a
administering a dentist's CPD cycle which finished on 31st December 2017;
b
considering an application for restoration to the register under rule 10; and
c
calculating the CPD requirement where rule 13(a) applies.
17
The General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008 are to continue to have effect as they applied on 31st July 2018 for the purposes of—
a
administering a dental care professional's CPD cycle which finished on 31st July 2018;
b
considering an application for restoration to the register under rule 10; and
c
calculating the CPD requirement where rule 14(a) applies.
(This note is not part of the Order)
This Order approves the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017, set out in the Schedule to the Order, regarding the continuing professional development (‘CPD’) of registered dentists and dental care professionals (excluding visiting dentists and visiting dental care professionals from relevant European States) (‘practitioners’).
Rule 2 requires that all practitioners must undertake a minimum number of hours of CPD, as set out in the rules, and prescribes certain conditions to be satisfied in order for the CPD to be counted towards the minimum requirement.
Rule 3 requires practitioners to keep a CPD record of the information set out in that rule and to retain the CPD record for 5 years after the CPD cycle has finished.
Rule 4 requires practitioners to submit an annual CPD statement which conforms to the requirements set out in that rule.
Rule 5 enables the registrar to send the practitioner a notice requiring the practitioner to submit a CPD record and/or any other documents or information which the registrar considers relevant for their assessment of whether a practitioner has complied with these rules.
Rule 6 enables the registrar to send a notice to the practitioner where the registrar is not satisfied that a practitioner has complied with the CPD requirement or kept an up-to-date CPD record. The notice must give the reasons why the registrar is not satisfied as to compliance and must invite the practitioner to make written representations or submit written evidence within 28 days of the notice. The notice must also state that if the registrar remains not satisfied that the practitioner has met the requirements of the rules after considering the practitioner's response, or if the practitioner does not respond to the notice, the dentist may be erased from the register or, in the case of a dental care professional, any of the titles under which the dental care professional is registered in the dental care professionals register.
Rule 7 enables the registrar to send a notice to the practitioner if a practitioner fails to submit an annual CPD statement (as required under rule 4) or submit the whole or part of a CPD record or other documents (as required under rule 5). The notice must set out the requirements with which the practitioner has failed to comply and specify a date, not less than 28 days after the date on which the notice is sent, by which the practitioner must comply. The notice must also state that if, by the date specified in the notice, the practitioner does not comply with the notice, the dentist's name may be erased from the register or, in the case of a dental care professional, that professional's name may be erased from any of the titles under which the dental care professional is registered in the dental care professionals register.
Rule 8 sets out the circumstances in which a practitioner may be erased from the dentists register or dental care professionals register for non-compliance with these rules.
Rule 9 enables a practitioner who has not complied with the CPD requirement for the CPD cycle as set out in rule 2 to apply to the registrar for additional time to complete the outstanding CPD. A maximum time of 56 days after the end of the CPD cycle may be granted where the registrar is satisfied there is good reason to do so.
Rules 10 and 11 make provision for applications for restoration to the dentists register or dental care professionals register. Before being granted restoration, a practitioner must provide evidence that they have completed five years' worth of CPD ending on the date of the application for restoration (unless their date of first registration was less than five years previous to the application for restoration, in which case the practitioner will have to provide evidence of CPD dating back to the date of the date of first registration, or it is less than five years since the end of the previous CPD cycle, in which case the practitioner will have to provide evidence that they are up to date with the requirements of the current CPD cycle). The amount of CPD which must have been undertaken in the previous five years is based on the requirements of these rules, and/or The General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 or The General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008 (as applicable) depending on the time of the application for restoration. A practitioner must submit to the registrar evidence of a previously compliant CPD cycle if this occurred in the five years previous to the application to restoration. For the remainder of the five year period, the amount of CPD required is calculated on the basis of each CPD year which has elapsed, on a pro-rata basis according to which rules were in force at the time of the CPD year.
Rule 12 makes provision for the service of notices under these rules by means of electronic communications if certain criteria are met.
Rule 13 sets out the transitional provisions for dentists. The rules take effect for dentists on 1 January 2018. Where a dentist's CPD cycle has started before 1 January 2018, and will end after that date, the CPD requirement for that CPD cycle will be calculated on the basis of both these rules and The General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 which applied before 1 January 2018. The CPD requirement will be calculated on a pro-rata basis, taking into account how many CPD years were completed before 1 January 2018, and how many years after that date.
Rule 14 sets out the transitional provisions for dental care professionals. The rules take effect for dental care professionals on 1 August 2018. Where a dental care professional's CPD cycle has started before 1 August 2018, and will end after that date, the CPD requirement for that CPD cycle will be calculated on the basis of both these rules and The General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008 which applied before 1 August 2018. The CPD requirement will be calculated on a pro-rata basis taking into account how many CPD years were completed before 1 August 2018, and how many years after that date.
Rule 15 revokes The General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 and The General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008.
Rules 16 and 17 set out the savings provisions for The General Dental Council (Continuing Professional Development) (Dentists) Rules 2008 and the General Dental Council (Continuing Professional Development) (Professions Complementary to Dentistry) Rules 2008.
Given under the official seal of the General Dental Council this 22nd day of June 2017
William Moyes
Chair
Ian Brack
Registrar
1984 c.24. Section 34A and 34B were inserted by S.I. 2001/3926 and substituted by S.I. 2005/2011 article 27; sections 36Z1 and 36Z2 were inserted by S.I. 2005/2011 article 33; and sections 50A and 50C were inserted by S.I. 2005/2011 article 43.
Section 50C(2) was amended by S.I.2009/1182 Schedule 1 paragraph 10.
1984 c.24.
“Registered dental care professional” is defined in section 53 of the Act to mean a person for the time being registered in the dental care professionals register under a title or titles.
“Registered dentist” is defined in section 53 of the Act to mean (subject to section 17(4) of the Act) a person for the time being registered in the register.
A person registered under section 17 is registered to practise dentistry in a particular post in a hospital or other institution for a specified period of time and holds a recognised overseas diploma.
The Council has produced the guidance ‘Standards for the Dental Team’ under section 26B(1) and 36M(1) of the Act.
The registrar's decision to erase a dentist from the register is an appealable decision under Schedule 2A of the Act (paragraph 2) and the decision will not take effect until the time for bringing an appeal has expired or the appeal has been determined (paragraph 4). In the case of a dental care professional, erasure is an appealable decision under Schedule 4A of the Act (paragraph 2) and the decision will not take effect until the time for bringing an appeal has expired or the appeal has been determined (paragraph 4).
Scheduled to S.I. 2008/1822.
Scheduled to S.I. 2008/1823.
The registrar's decision not to restore a dentist from the register is an appealable decision under Schedule 2A of the Act (paragraph 2). In the case of a dental care professional, a decision not to restore is an appealable decision under Schedule 4A of the Act (paragraph 2).
Words in Sch. rule 1(3) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 3 para. 34 (with reg. 12A, Sch. 3 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 11(4)-(10)); 2020 c. 1, Sch. 5 para. 1(1)