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| Schedule 4, page 117, line 10, at end insert— |
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| | “ | In section 54 of the Sexual Offences Act 2003 (sections 51A to 53A: |
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| | interpretation), for subsections (2) and (3) substitute— |
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| | “(2) | In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, |
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| | on at least one occasion and whether or not compelled to do so, offers |
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| | or provides sexual services to another person in return for payment or |
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| | a promise of payment to A or a third person; and “prostitution” is to be |
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| | |
| | (3) | In subsection (2) and section 53A, “payment” means any financial |
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| | advantage, including the discharge of an obligation to pay or the |
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| | provision of goods or services (including sexual services) gratuitously |
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| | Member’s explanatory statement
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| | This amendment is consequential on New Clause 8 [Child sexual exploitation]. It amends section |
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| | 54 of the Sexual Offences Act 2003 so as to preserve the existing definitions of “prostitute” and |
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| | “payment” for the purposes of sections 51A to 53A of that Act. |
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| Schedule 4, page 117, line 12, at end insert— |
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| | “ ( ) | In section 136A of that Act (meaning of specified prostitution offence etc) |
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| | subsection (2) is amended as follows. |
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| | ( ) | After paragraph (a) insert— |
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| | “(aa) | an offence under section 48 of this Act committed by causing |
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| | or inciting a child to be sexually exploited within the meaning |
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| | given by section 51(2)(a);”. |
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| | ( ) | In paragraph (b), for “section 48 of this Act, or Article 38 of the Northern |
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| | Ireland order,” substitute “Article 38 of the Northern Ireland order”.” |
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| | ( ) | After paragraph (b) insert— |
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| | “(ba) | an offence under section 49 of this Act committed by |
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| | controlling the activities of a child in relation to sexual |
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| | exploitation within the meaning given by section 51(2)(a);”. |
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| | ( ) | In paragraph (c), for “section 49 of this Act, or Article 39 of the Northern |
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| | Ireland order,” substitute “Article 39 of the Northern Ireland order”. |
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| | ( ) | After paragraph (c) insert— |
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| | “(ca) | an offence under section 50 of this Act committed by |
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| | arranging or facilitating the sexual exploitation, within the |
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| | meaning given by section 51(2)(a), of a child;”. |
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| | ( ) | In paragraph (d), for “section 50 of this Act, or Article 40 of the Northern |
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| | Ireland order,” substitute “Article 49 of the Northern Ireland order”. |
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| | ( ) | Subsection (3) of that section is amended as follows. |
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| | ( ) | Before paragraph (a) insert— |
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| | “(za) | an offence under section 48 of this Act committed by causing |
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| | or inciting a child to be sexually exploited within the meaning |
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| | given by section 51(2)(b);”. |
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| | ( ) | In paragraph (a), for “section 48 of this Act, or Article 38 of the Northern |
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| | Ireland order,” substitute “Article 38 of the Northern Ireland order”. |
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| |
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| | ( ) | After paragraph (a) insert— |
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| | “(aa) | an offence under section 49 of this Act committed by |
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| | controlling the activities of a child in relation to sexual |
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| | exploitation within the meaning given by section 51(2)(b);”. |
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| | ( ) | In paragraph (b), for “section 49 of this Act, or Article 39 of the Northern |
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| | Ireland order,” substitute “Article 39 of the Northern Ireland order”. |
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| | ( ) | After paragraph (b) insert— |
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| | “(ba) | an offence under section 50 of this Act committed by |
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| | arranging or facilitating the sexual exploitation, within the |
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| | meaning given by section 51(2)(b), of a child;”. |
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| | ( ) | In paragraph (c), for “section 50 of this Act, or Article 40 of the Northern |
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| | Ireland order,” substitute “Article 49 of the Northern Ireland order”.” |
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| Schedule 4, page 117, line 13, leave out paragraph 59 |
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| | Member’s explanatory statement
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| | The effect of this amendment is that new offence of sexual communication with a child under clause |
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| | 67 will be subject to those provisions of the Sexual Offences Act 2003 which provide for extra- |
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| | territorial jurisdiction; as such, offences committed outside the United Kingdom may in certain |
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| | circumstances be prosecuted in England and Wales. |
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| Schedule 4, page 117, line 36, leave out “In” |
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| Schedule 4, page 117, line 37, leave out “, after” and insert “is amended as follows. |
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| Schedule 4, page 117, line 39, at end insert— |
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| | “( ) | In paragraph 136, for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”. |
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| | ( ) | In paragraph 137, for “prostitute or a child involved in pornography” substitute |
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| | “in relation to sexual exploitation”. |
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| | ( ) | In paragraph 138, for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”.” |
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| Schedule 4, page 117, line 39, at end insert— |
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| | “( ) | Schedule 15B to that Act (offences listed for the purposes of sections 224A, |
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| | 226A and 246A) is amended as follows. |
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| | ( ) | In paragraph 35, for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”. |
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| | ( ) | In paragraph 36, for “prostitute or a child involved in pornography” substitute |
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| | “in relation to sexual exploitation”. |
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| | ( ) | In paragraph 37, for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”.” |
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| Schedule 4, page 118, line 3, at end insert— |
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| | “( ) | In paragraph 7(e), for “abuse of children through prostitution and |
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| | pornography” substitute “sexual exploitation of children”.” |
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| Schedule 4, page 119, line 16, after “Wales),” insert “in paragraph 4 (prostitution |
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| and child sex), in sub-paragraph (2)— |
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| | (a) | in paragraph (b), for “child prostitution or pornography” substitute |
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| | “sexual exploitation of a child”; |
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| | (b) | in paragraph (c), for “prostitute or a child involved in pornography” |
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| | substitute “in relation to sexual exploitation”; |
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| | (c) | in paragraph (d), for “child prostitution or pornography” substitute |
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| | “sexual exploitation of a child”. |
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| Schedule 4, page 120, line 36, at end insert— |
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| | Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) |
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| | “ | In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 |
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| | (information about guests at hotels believed to be used for child sexual |
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| | exploitation), in subsection (8)(a), for “prostitution and pornography” |
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| | substitute “sexual exploitation”.” |
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| Title, line 2, after “1933,” insert “the Sexual Offences Act 2003, the Street Offences Act |
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| Title, line 5, leave out from “agents;” to first “to” in line 6 |
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| | To move the following Clause— |
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| | | “Child protection: 16 and 17 year olds living with their families |
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| | (1) | The Children’s Act 1933 is amended as follows. |
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| | (2) | After section 1 insert— |
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| | “1A | Cruelty to a person aged sixteen or seventeen |
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| | (1) | If any person A, who has attained the age of eighteen years and is |
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| | personally connected to a child B aged sixteen or seventeen, wilfully |
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| | assaults, ill-treats (whether physically or psychologically), neglects, |
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| | abandons, or exposes him, or causes or procures for him to be assaulted, |
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| | ill-treated (whether physically or psychologically), neglected, |
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| | abandoned, or exposed, in a manner likely to cause him unnecessary |
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| | suffering or injury to health (including injury to or loss of sight, or |
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| | hearing, or limb, or organ of the body and whether the injury is of |
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| | physical or psychological nature), that person shall be guilty of an |
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| | offence, and shall be liable— |
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| | (a) | on conviction or indictment, to a fine or alternatively, or in |
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| | addition thereto, to imprisonment for any term not exceeding 10 |
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| | (b) | on summary conviction, to a fine not exceeding £400 pounds, or |
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| | alternatively, or in addition thereto, to imprisonment not |
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| | (2) | For the purposes of this section— |
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| | (a) | A and B are considered to be personally connected if at the time |
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| | of the offence they live together, and |
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| | (i) | A has parental responsibility for B |
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| | (ii) | A is a relative of B |
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| | (iii) | A is or has been married or civil partner to B’s parent. |
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| | (b) | A shall be deemed to have neglected B in a manner likely to |
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| | cause injury to his health if he has failed to provide adequate |
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| | food, clothing, medical aid or lodging for him or if, having been |
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| | unable otherwise to provide such food, clothing, medical aid or |
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| | lodging, he has failed to take steps to procure it to be provided to |
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| | (3) | A person may be convicted of an offence under this section— |
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| | (a) | notwithstanding that actual suffering or injury to health, or the |
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| | likelihood of actual suffering or injury to health, was obviated by |
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| | the action of another person; |
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| | (b) | notwithstanding the death of B. |
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| | “parental responsibility” has the same meaning as in the Children Act 1989; |
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| | “relative” has the meaning given by section 63(1) of the Family Law Act |
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| | To move the following Clause— |
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| | | “Child Abduction Warning Notices: extension to vulnerable 16 and 17 year |
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| | (1) | The Children’s Act 1989 is amended as follows. |
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| | (2) | After section 49 of the Children Act 1989 insert— |
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| | “49A | Abduction of vulnerable children aged sixteen or seventeen |
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| | (1) | A person shall be guilty of an offence if, knowlingly and without lawful |
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| | authority or reasonable excuse, he |
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| | (a) | takes a child to whom this section applies away from a person |
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| | with parental responsibility or child’s place of residence; or |
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| | (b) | keeps such a child away from the responsible person or child’s |
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| | (c) | induces, assists or incites such a child to run away or stay away |
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| | from a person with parental responsibility or child’s place of |
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| | (d) | uses controlling and coercive behaviour to influence a child. |
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| | (2) | This section applies in relation to a child who is— |
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| | (b) | looked after under section 20 |
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| | (c) | housed under part 7 of the Housing Act 1996, |
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| | (d) | suffering or is likely to suffer significant harm subject to section |
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| | “parental responsibility” has a meaning as in this Act |
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| | “child in need” has a meaning as defined in section 17 of this Act.” |
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| Clause 72, page 63, line 27, leave out “the” and insert “a risk of” |
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| | The following Notices were withdrawn on 12 February 2015: |
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