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62 | Page 55, line 42, leave out “reference in section 321(5)” and insert “references in |
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63 | Page 56, line 16, leave out “reference in paragraph 6(7A)” and insert “references in |
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64 | Page 56, line 20, leave out “6(7C)” and insert “6A(3)” |
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65 | Page 56, line 23, leave out “6(7C)” and insert “6A(3)” |
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66 | Page 56, line 36, leave out “reference in paragraph 6(7A)” and insert “references in |
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67 | Page 56, line 40, leave out “6(7C)” and insert “6A(3)” |
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68 | Page 56, line 43, leave out “6(7C)” and insert “6A(3)” |
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69 | Page 61, line 37, leave out from “with” to end of line 42 and insert “a relevant plan |
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| which is for the time being in force. |
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| ( ) | A relevant plan is a plan of operations or other working plan approved by |
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| the Forestry Commissioners under— |
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| (a) | a forestry dedication covenant within the meaning of section 5 of |
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| the Forestry Act 1967, or |
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| (b) | conditions of a grant or loan made under section 1 of the Forestry |
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| |
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70 | Page 64, line 23, leave out “to any inquiry held” and insert “in relation to the |
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71 | Page 65, line 6, leave out “a local” and insert “any such” |
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72 | Page 65, line 8, leave out “under” and insert “by virtue of” |
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73 | Page 65, line 13, at end insert “and as to the functions of a person appointed under |
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74 | Page 65, line 16, at end insert “and as to such functions” |
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75 | Page 65, leave out line 17 and insert — |
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| “(6A) | If a person (the representative) is appointed— |
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| (a) | under paragraph (a) of subsection (5) and either no direction |
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| in relation to the evidence in question has been given under |
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| subsection (3) or any such direction so given has been given |
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| by the Secretary of State, the Secretary of State may direct |
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| any person who he thinks, |
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| (b) | under paragraph (a) of subsection (5) and such a direction |
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| has been given under subsection (3) by the Scottish |
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| Ministers, the Scottish Ministers may direct any person who |
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| |
| (c) | under paragraph (b) of subsection (5) and the direction |
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| referred to in that paragraph was given by the Secretary of |
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| State, the Secretary of State may direct any person who he |
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| |
| (d) | under paragraph (b) of that subsection and the direction so |
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| referred to was given by the Scottish Ministers, the Scottish |
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| Ministers may direct any person who they think, |
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| | is interested in the inquiry, or prospective inquiry, in relation to a |
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| matter mentioned in subsection (4) (the responsible person) to pay |
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| remuneration or allowances to, and to reimburse any expenses |
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| incurred by, the representative. |
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| (6B) | If the representative and the responsible person are unable to agree |
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| an amount payable by virtue of— |
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| (a) | paragraph (a) or (c) of subsection (6A), the amount must be |
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| determined by the Secretary of State, |
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| (b) | paragraph (b) or (d) of that subsection, the amount must be |
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| determined by the Scottish Ministers. |
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| (6C) | The Secretary of State must cause an amount payable by virtue of |
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| paragraph (a) or (c) of subsection (6A) (whether determined under |
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| subsection (6B) or agreed between the representative and the |
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| responsible person) to be certified. |
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| (6D) | The Scottish Ministers must cause an amount payable by virtue of |
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| paragraph (b) or (d) of subsection (6A) (whether so determined or |
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| so agreed) to be certified. |
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| (6E) | An amount certified under subsection (6C) or (6D) is recoverable |
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| from the responsible person as a debt. |
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| (6F) | Subsections (7) to (11) apply even if the inquiry does not take place.” |
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76 | Page 65, line 29, leave out “an inquiry held” and insert “the holding of an inquiry” |
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77 | Page 65, line 30, leave out “an inquiry held” and insert “the holding of an inquiry” |
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78 | Page 65, line 36, leave out “an inquiry held” and insert “the holding of an inquiry” |
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79 | Page 65, line 37, leave out “an inquiry held” and insert “the holding of an inquiry” |
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80 | Page 66, line 41, leave out “Subsections (7) and (8) above are” and insert |
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| “Subsection (7) above does not apply to the extent that the document or other |
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| |
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81 | Page 67, line 40, leave out “Subsections (7) and (8) above are” and insert |
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| “Subsection (7) above does not apply to the extent that the document or other |
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| |
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82 | Page 70, line 36, leave out from “with” to end of line 41 and insert “a relevant plan |
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| which is for the time being in force. |
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|
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|
| ( ) | A relevant plan is a plan of operations or other working plan approved by |
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| the Forestry Commissioners under— |
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| (a) | a forestry dedication agreement within the meaning of section 5 of |
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| the Forestry Act 1967, or |
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| (b) | conditions of a grant or loan made under section 1 of the Forestry |
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| |
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83 | Page 72, line 11, at end insert— |
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| “( ) | In subsection (3), “instrument” includes an instrument made under an Act |
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| of the Scottish Parliament.” |
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84 | Page 78, line 7, leave out “appropriate authority” and insert “Minister” |
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85 | Page 78, line 8, leave out “it” and insert “he” |
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86 | Page 78, line 26, leave out “appropriate authority” and insert “Minister” |
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87 | Page 79, line 18, leave out “appropriate authority” and insert “Minister” |
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88 | Page 79, line 19, leave out “it has considered the objection and either” and insert— |
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| “(a) | the appropriate authority has considered the |
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| |
| (b) | one of the conditions in sub-paragraph (5A) is |
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| |
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89 | Page 79, line 20, leave out “it” and insert “the appropriate authority” |
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90 | Page 79, line 20, leave out “, or” |
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91 | Page 79, line 23, leave out “it” and insert “the appropriate authority” |
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92 | Page 79, line 38, leave out “appropriate authority” and insert “Minister” |
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93 | Page 79, line 43, after first “the” insert “Minister or, if there is a remaining objection |
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| in respect of the order, the” |
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94 | Page 79, line 47, leave out “appropriate authority” and insert “Minister” |
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95 | Page 80, line 2, leave out “appropriate authority” and insert “Minister” |
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96 | Page 80, line 3, leave out “complying” and insert “the appropriate authority has |
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97 | Page 80, line 4, leave out “it” and insert “he” |
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98 | Page 80, line 4, leave out “complying” and insert “the appropriate authority having |
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99 | Page 80, line 5, leave out “it” and insert “he” |
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100 | Page 80, line 7, leave out “appropriate authority” and insert “Minister” |
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101 | Page 80, line 8, leave out “it” and insert “he” |
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102 | Page 95, line 26, at beginning insert “Except as provided in the following |
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| provisions of this section,” |
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103 | Page 95, leave out lines 29 to 33 and insert— |
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| “(4) | This subsection applies to regulations under subsection (2) which |
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| |
| (a) | a percentage figure, or |
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| (b) | an amount, in a case where the change in value condition is |
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| |
| (5) | A statutory instrument containing regulations to which subsection |
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| (4) applies must not be made unless a draft of the regulations has |
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| been laid before and approved by resolution of each House of |
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| |
| (6) | The change in value condition is satisfied if the Secretary of State |
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| thinks that in the case of the substitution of an amount it is |
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| expedient to make the substitution in consequence of changes in the |
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| |
| (7) | Regulations under subsection (2) may make different provision for |
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| |
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104 | Insert the following new Clause— |
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| “Corresponding amendments of other enactments |
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| (1) | This section applies to any enactment passed or made before or in the same |
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| session as the passing of this Act (other than an enactment amended by this |
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| Part) which makes provision— |
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| (a) | in connection with the compulsory acquisition of an interest in |
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| |
| (b) | creating a power which permits the interference with or affectation |
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| of any right in relation to land, or |
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| (c) | for the payment of any sum in connection with the acquisition, |
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| interference or affectation. |
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| (2) | The Secretary of State may by order amend an enactment to which this |
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| section applies for the purpose of making provision which— |
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| (a) | corresponds to provision made by this Part, or |
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| (b) | applies any such provision or corresponding provision.” |
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105 | Page 95, line 39, leave out subsection (2) and insert— |
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| “(2) | The amendment of an enactment by or by virtue of Part 8 applies to the |
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| Crown to the extent that the enactment amended so applies.” |
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|
106 | Insert the following new Clause— |
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| |
| The planning Acts and this Act have effect despite any rule of law relating |
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| to Parliament or the law and practice of Parliament.” |
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|
107 | Page 97, line 27, leave out “to the public” |
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108 | Page 99, line 14, after “subsections” insert “(2B),” |
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109 | Page 99, line 21, at end insert— |
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| “( ) | in Part 7, Chapter 1;” |
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110 | Page 99, line 24, after “Schedules” insert “3, 4,” |
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111 | Page 99, line 24, at end insert — |
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| “(2A) | And the Secretary of State must not make an order which relates to section |
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| 89 unless he first consults and has the agreement of the Scottish Ministers. |
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| (2B) | The following provisions come into force on such day as the Scottish |
|
| Ministers may by order appoint— |
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| (a) | sections 88 and 90 to 96; |
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| |
| |
| (d) | in so far as relating to the Town and Country Planning (Scotland) |
|
| Act 1997, section 114(2) and Schedule 7; |
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| |
| (f) | in so far as relating to that Act, to the Planning (Listed Buildings |
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| and Conservation Areas) (Scotland) Act 1997 or to the Planning |
|
| (Hazardous Substances) (Scotland) Act 1997, section 116 and |
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| |
|
112 | Page 100, line 5, at end insert— |
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| “(aa) | an order under section (Corresponding amendments of other |
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| |
113 | Page 100, line 6, after “section” insert “96,” |
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114 | Page 100, line 7, leave out “117” and insert “117(1)” |
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115 | Page 100, line 7, at end insert— |
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| “( ) | an order under section 117(2B);” |
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116 | Page 100, line 7, at end insert— |
|
| “(ca) | provision amending or repealing an enactment contained in an |
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| |
117 | Page 100, line 9, leave out from “instrument” to “has” in line 10 and insert |
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| “mentioned in subsection (5)(a), (aa) or (ca) must not be made unless a draft of the |
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| |
118 | Page 100, line 12, after “section” insert “96 or” |
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|