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| Clause 28, page 22, line 39, at end insert— |
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| | ‘(4) | Regulations may prescribe circumstances in which a clinical commissioning |
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| | group that would otherwise be a local partner of a local authority by virtue of |
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| | subsection (2)(k)(ii) is to be treated as not being a local partner of the authority.’. |
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| Clause 30, page 23, line 33, after ‘employment’, insert ‘, retaining employment |
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| Clause 30, page 24, line 2, at end insert— |
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| | ‘(7A) | Regulations must make provision about a national framework, including— |
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| | (a) | the principles underpinning the local offer; |
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| | (b) | how services in the local offer are to be reviewed; |
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| | (c) | the scope of what should be covered by the local offer; |
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| | (d) | the format in which a local offer will be prepared and published; and |
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| | (e) | how services can be held to account for failing to deliver what is set out |
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| Clause 32, page 25, line 1, after ‘information’, insert ‘in an appropriately |
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| Clause 36, page 28, line 9, at end insert— |
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| | ‘(c) | the child or young person may be a disabled child under section 17 of the |
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| | Children Act 1989 or section 28 of the Chronically Sick and Disabled |
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| Clause 36, page 28, line 9, at end insert— |
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| | ‘(c) | they are a disabled child or young person under section 6 of the Equality |
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| | Act 2010 who may need healthcare provision in order to manage their |
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| Clause 36, page 28, line 10, leave out subsection (10). |
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| Clause 36, page 28, line 28, after ‘assessments’, insert ‘including— |
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| | (i) | triggering assessments under section 17 of the Children’s Act; |
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| | (ii) | healthcare assessments.’. |
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| Clause 37, page 29, line 3, leave out from ‘provision’ to end of line 4 and insert |
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| ‘reasonably required by the learning difficulties and disabilities which result in him or her |
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| having special educational needs. |
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| | (2A) | An EHC plan may also specify other health care and social care provision |
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| | reasonably required by the child or young person.’. |
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| Clause 38, page 29, line 27, at end insert— |
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| | ‘(g) | an institution of higher education which the young person has accepted |
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| Clause 42, page 31, line 34, at end insert— |
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| | ‘(Z1) | This section applies where a local authority maintains an EHC plan for a child or |
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| Clause 42, page 31, line 35, leave out subsection (1) and insert— |
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| | ‘(1) | The local authority must secure the specified special educational provision for the |
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| | (1A) | If the plan specifies health care provision, the responsible commissioning body |
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| | must arrange the specified health care provision for the child or young person. |
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| | (1B) | “The responsible commissioning body”, in relation to any specified health care |
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| | provision, means the body (or each body) that is under a duty to arrange health |
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| | care provision of that kind in respect of the child or young person.’. |
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| Clause 42, page 31, line 37, leave out ‘Subsection (1) does not apply if’ and insert |
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| ‘Subsections (1) and (1A) do not apply to the extent that’. |
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| Clause 42, page 31, line 38, after ‘suitable’, insert ‘alternative’. |
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| Clause 42, page 31, line 38, at end insert— |
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| | ‘(3) | “Specified”, in relation to an EHC plan, means specified in the plan.’. |
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| Clause 44, page 32, line 18, after ‘maintains’, insert ‘, or has ever maintained,’. |
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| Clause 45, page 33, line 5, leave out from ‘authority’ to end of line 6 and insert |
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| ‘must maintain an EHC plan for a child or young person up to their 25th birthday unless’. |
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| Clause 45, page 33, line 18, leave out subsection (4) and insert— |
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| | ‘(4) | A local authority may only cease to maintain an EHC Plan if— |
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| | (a) | the authority has completed a transition review meeting with the child or |
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| | young person and their family, at which there is agreement from all |
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| | parties that the specified outcomes to the EHC plan have been achieved; |
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| | (b) | a transition plan has been completed in partnership with the child or |
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| | young person and their family and other agencies, which supports their |
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| | progression into the next phase, including higher education or |
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| Clause 45, page 33, line 36, at end insert— |
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| | ‘(d) | the procedure to be followed for transition review meetings and transition |
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| Clause 50, page 35, line 42, at end insert— |
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| | ‘(g) | the social care provision specified in an EHC plan; |
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| | (h) | the healthcare provision specified in an EHC plan.’. |
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| Page 47, line 15, leave out Clause 69. |
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| | Amendments to the Health Act 2006 |
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| To move the following Clause:— |
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| | ‘(1) | The Health Act 2006 is amended as follows. |
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| | (2) | After section 8, insert— |
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| | “8A | Offence of failing to prevent smoking in a private vehicle when |
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| | (1) | It is the duty of any person who drives a private vehicle to ensure that that |
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| | vehicle is smoke-free whenever a child or children under the age of 18 |
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| | are in such vehicle or part of such vehicle. |
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| | (2) | A person who fails to comply with the duty in subsection (1) commits an |
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| | (3) | A person convicted of an offence under this section who has not |
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| | previously been convicted of such an offence shall have the option of |
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| | attending a smoke-free driving awareness course in place of paying a fine |
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| | (4) | A person who does not wish to attend an awareness course or who has |
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| | previously been convicted of an offence under this section is liable on |
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| | summary conviction to a fine of £60. |
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| | (5) | The Secretary of State may introduce regulations to alter the level of |
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| | penalty payable under subsection (4). |
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| | (6) | The Secretary of State shall update all relevant regulations regarding the |
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| | offence created under subsection (2) within six months of this section |
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| | (7) | The Secretary of State shall introduce regulations within six months of |
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| | this section coming into force to prescribe the format of the awareness |
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| | course in subsection (3).”. |
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| | (3) | In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(5).”. |
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| To move the following Clause:— |
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| | ‘Before the end of one year beginning with the day on which this Act receives |
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| | Royal Assent, the Secretary of State must— |
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| | (a) | carry out a review of the benefits and risks to children, young people and |
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| | their families of increased information sharing between front-line |
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| | practitioners who provide services to them; and |
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| | (b) | publish a report of the conclusions of the review.’. |
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| | Assessment and provision of adoption support services |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of the Adoption and Children Act 2002 is amended as follows. |
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| | (2) | In section 4, leave out subsection (1) and insert the following new subsections— |
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| | “(1) | Subject to subsection (1A), a local authority must in each year offer an |
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| | assessment of those persons’ needs for adoption support services to— |
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| | (a) | any of the persons mentioned in paragraphs (a) to (c) of section |
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| | (b) | any other person who falls within a description prescribed by |
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| | regulations (subject to subsection (7)(a)). |
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| | (1A) | Any requirement for an annual assessment under subsection (1) can be |
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| | postponed for one or more years with the agreement of the persons |
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| | (1B) | Following any assessment under subsection (1) the local authority |
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| | (a) | provide the persons concerned with the findings of the |
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| | (b) | specify in writing what services will be provided to meet these |
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| | (c) | explain in writing where the local authority is unable to provide |
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| | services to meet identified needs; and |
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| | (d) | keep a record of all unmet needs and the reasons for them.”.’. |
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| | Continuity in the arrangements for the people with whom a child is to live |
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| To move the following Clause:— |
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| | ‘(1) | In section 1 of the Children Act 1989, insert the following after subsection (2A)— |
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| | “(2B) | In any family proceedings, unless the contrary is shown, a court is to |
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| | presume that continuity in the arrangements relating to the person or |
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| | people with whom a child is to live will further the child’s welfare.”. |
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| | (2) | In section 22 of the Children Act 1989, insert the following after subsection (3)— |
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| | “(3ZA) | A local authority is to presume, unless the contrary is shown, that |
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| | continuity in the arrangements relating to the person or people with |
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| | whom a child looked after by that local authority is to live will help to |
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| | fulfil its duty under subsection (3)(a) to safeguard and promote the |
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| | welfare of that child.”.’. |
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| | Long-term post-adoption and fostering support |
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| To move the following Clause:— |
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| | ‘A local authority must ensure that its adoption support services, special |
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| | guardianship support services and fostering support services are provided in a |
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| | way which is in the long-term interests of those for whom they are provided.’. |
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| | Status, rights and remuneration of non-biological parents |
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| To move the following Clause:— |
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| | ‘(1) | Before the end of one year beginning with the day on which this Act receives |
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| | Royal Assent, the Secretary of State must— |
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| | (a) | carry out a review of— |
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| | (i) | options for the professional recognition of carers who look after |
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| | children who are not their biological children, to include foster |
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| | parents, residential social workers and adoptive parents; |
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| | (ii) | the status and rights of these carers; and |
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| | (iii) | arrangements for the remuneration of these carers; and |
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| | (b) | publish a report of the conclusions of the review.’. |
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| | Minimum four-day week requirement for special educational provision at further |
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| To move the following Clause:— |
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| | ‘Where an institution within the further education sector in England admits a |
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| | young person aged under 19 for whom an EHC plan is maintained, it must deliver |
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| | the special educational provision required by that young person on at least four |
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| | days in every week in which that provision is delivered.’. |
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| | Special guardianship support services: personal budgets |
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| To move the following Clause:— |
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| | ‘In Part 2 of the Children Act 1989, after section 14F (Special guardianship |
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| | support services), insert— |
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| | “14G | Special guardianship support services: personal budgets |
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| | (1) | This section applies where— |
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| | (a) | after carrying out an assessment under section 14F, a local |
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| | authority in England decides to provide any special guardianship |
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| | support services to a person (“the recipient”), and |
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| | (b) | the recipient is a child being cared for by a special guardian or a |
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| | (2) | The local authority must prepare a personal budget for the recipient if |
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| | asked to do so by the recipient or (in prescribed circumstances) a person |
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| | of a prescribed description. |
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| | (3) | The authority prepares a “personal budget” for the recipient if they |
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| | identify an amount as available to secure the special guardianship support |
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| | services that they have decided to provide, with a view to the recipient |
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| | being involved in securing those services. |
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