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| such other factors as appear to the Secretary of State to be |
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| |
| (2) | For section 75 of that Act (inspection fees) there is substituted— |
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| |
| (1) | The Secretary of State may make provision by regulations requiring |
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| an undertaker to pay to the street authority the prescribed fee in |
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| |
| (a) | all inspections carried out by the authority of his street |
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| |
| (b) | such inspections of those works as may be prescribed. |
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| |
| (a) | require undertakers to make payments in respect of |
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| inspections anticipated to take place within a prescribed |
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| |
| (b) | make provision for the striking of an account between an |
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| undertaker and a street authority and the making of any |
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| necessary payment or repayment. |
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| (3) | The power to make different provision under this section for |
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| different cases includes power— |
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| (a) | to make different provision for different descriptions of |
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| street authority or different descriptions of undertakers |
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| (including descriptions framed by reference to their |
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| |
| (b) | to prescribe different fees by reference to the nature or |
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| extent of the excavation or other works, the place where |
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| they are executed and such other factors as appear to the |
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| Secretary of State to be relevant. |
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| (4) | The reference in subsection (3)(a) to the previous performance of an |
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| undertaker is to the performance of the undertaker, during such |
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| period as may be prescribed, as respects such description of his |
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| duties under this Part as may be prescribed. |
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| (5) | The regulations may require disputes of any prescribed description |
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| to be determined by arbitration. |
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| (6) | Nothing in this section applies to inspections in respect of which the |
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| undertaker is obliged to bear the cost, or pay the prescribed fee, |
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| under section 72(2) (inspections consequent on failure to comply |
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| with duties as to reinstatement).”” |
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57 | Page 30, line 36, leave out “(including inspections following their completion)” |
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58 | Page 34, line 11, at end insert— |
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|
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| “( ) | Regulations under subsection (1)(b) may— |
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| (a) | make provision for Greater London different from that |
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| made for the rest of England; |
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| (b) | make consequential provision (including provision |
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| disapplying sections 8 to 11 of, and Schedule 2 to, the |
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| London Local Authorities and Transport for London Act |
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| 2003 in relation to any offence prescribed in such |
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| |
| (c) | make transitional provision.” |
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59 | Page 34, line 14, leave out “penalty charge” |
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60 | Page 34, line 16, at end insert— |
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| “( ) | In the New Roads and Street Works Act 1991 (c. 22), in section 97 (service |
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| of notices etc.) after subsection (2) there is inserted— |
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| “(3) | References in this section to notices authorised to be given or served |
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| for the purposes of this Part include a reference to notices under |
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| Schedule 22B to the Highways Act 1980 (fixed penalties for certain |
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| offences under that Act).”” |
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61 | Page 34, line 16, at end insert— |
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| “( ) | In the London Local Authorities and Transport for London Act 2003 (c. iii), |
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| in section 11 (fixed penalties: reserve powers of Secretary of State) after |
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| subsection (6) there is inserted— |
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| “(7) | The Secretary of State may make regulations increasing the level of |
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| fixed penalty under this Act in respect of an offence listed in |
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| Schedule 22A to the Highways Act 1980 (as well as Schedule 4 to |
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| |
| (8) | While regulations under subsection (7) are in force in respect of an |
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| offence, the borough councils and Transport for London may not |
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| set the level of fixed penalty in respect of that offence below that set |
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| |
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62 | Page 36, line 43, at end insert— |
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| “(17A) | The regulations may make provision about their application to a |
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| series of deposits of skips. |
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| (17B) | And they may, in particular, provide that a series of deposits of |
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| skips is to be treated as a single deposit of a skip— |
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| (a) | beginning at the time the first in the series was deposited, |
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| |
| (b) | ending at the time the last in the series was removed.” |
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63 | Page 37, leave out lines 17 to 21 |
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64 | Page 37, line 25, leave out “(9)” and insert “(8)” |
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65 | Page 37, line 25, after first “to” insert “(17) and (17A) to” |
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66 | Page 38, line 5, leave out first “the” and insert “a relevant” |
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67 | Page 38, line 42, leave out from first “the” to end of line 43 and insert “relevant |
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| |
68 | Page 39, line 39, at end insert— |
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| “(18A) | The regulations may make provision about their application to a |
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| series of deposits of things. |
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| (18B) | And they may, in particular, provide that a series of deposits of |
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| things is to be treated as a single deposit of things— |
|
| (a) | beginning at the time the first in the series was deposited, |
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| |
| (b) | ending at the time the last in the series was removed. |
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| (18C) | The regulations may make provision corresponding to that |
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| mentioned in subsections (18A) and (18B) in relation to the erection |
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| of relevant structures and the making of excavations.” |
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|
|
Page 40, line 30, after first “to” insert “(18) and (18A) to” |
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|
70 | Page 44, line 2, leave out “guidance” and insert “guidelines” |
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71 | Page 46, line 2, leave out sub-paragraphs (ii) and (iii) |
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72 | Page 46, line 18, at end insert— |
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| “( ) | The regulations shall also provide that an immobilisation device must not |
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| be fixed to a vehicle in a parking place in respect of a contravention |
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| consisting of, or arising out of, a failure— |
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| (a) | to pay a parking charge with respect to the vehicle, |
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| (b) | properly to display a ticket or parking device, or |
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| (c) | to remove the vehicle from the parking space by the end of a period |
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| for which the appropriate charge was paid, |
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| | until 15 minutes have elapsed since the giving of a notification of a penalty |
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| charge in respect of the contravention.” |
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73 | Page 46, line 19, leave out “subsection (5)” and insert “this section” |
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74 | Page 46, leave out line 22 and insert— |
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|
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|
| | ““parking device” means a parking device within the meaning of |
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| section 35(3B) or 51(4) of that Act; |
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| |
| (a) | a parking place designated by an order under section 45 of |
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| |
| (b) | an off-street parking place provided under section 32(1)(a) |
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| or 57(1)(b), or under a letting or arrangement made under |
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| section 33(4), of that Act.” |
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|
75 | Page 46, line 45, at end insert— |
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| “( ) | The regulations may provide that, as respects a ground on which |
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| representations may be made, the adjudicator’s function on an appeal is to |
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| decide whether to direct the enforcement authority to consider or re- |
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| consider (as the case may be) any representations relating to that ground.” |
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|
76 | Page 48, line 1, leave out “Lord Chancellor” and insert “appropriate national |
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| |
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77 | Page 50, line 13, leave out “road” and insert “carriageway” |
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|
78 | Page 51, line 11, leave out “in Greater London” |
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79 | Page 51, line 12, leave out “part of the footway or verge that” and insert “footway, |
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| cycle track or verge where— |
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| (a) | the footway, cycle track or verge” |
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80 | Page 51, line 14, leave out “road” and insert “carriageway” |
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81 | Page 51, line 14, at end insert— |
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| “( ) | assisting cyclists entering or leaving the carriageway,” |
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82 | Page 51, line 15, leave out from “vehicles” to end and insert “entering or leaving |
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| the carriageway across the footway, cycle track or verge;” |
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83 | Page 51, line 15, at end insert “or |
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| (b) | the carriageway has, for a purpose within paragraph (a)(i) to (iii), |
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| been raised to meet the level of the footway, cycle track or verge.” |
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84 | Page 51, line 17, leave out from “parked” to end of line 24 and insert “wholly within |
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| a designated parking place or any other part of the carriageway where parking is |
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| |
| A “designated parking place” means a parking place designated by order under |
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| section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).” |
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85 | Page 52, line 7, leave out “has the meaning” and insert “, “cycle track” and |
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| “footway” have the meanings” |
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86 | Page 52, line 15, after “imposed” insert “— |
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| |
87 | Page 52, line 16, at end insert— |
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| “(b) | elsewhere in England and Wales, by an order under section 1 of that |
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| |
|
88 | Insert the following new Clause— |
|
| “Guidance to local authorities |
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| (1) | The appropriate national authority may publish guidance to local |
|
| authorities about any matter relating to their functions in connection with |
|
| the civil enforcement of traffic contraventions. |
|
| (2) | In exercising those functions a local authority must have regard to any such |
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| |
|
89 | Page 53, line 9, at end insert— |
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| “( ) | Regulations under section 77 may not be made unless a draft of them has |
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| been laid before and approved by a resolution of each House of |
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| |
90 | Page 53, line 10, at beginning insert “Subject to that,” |
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|
91 | Page 56, line 1, at end insert— |
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| “( ) | In section 117 of the Road Traffic Regulation Act 1984 (c. 27) (wrongful use |
|
| of disabled person’s badge), in subsection (1)(a) after “badge” there is |
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| inserted “purporting to be”.” |
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|
92 | Page 59, line 10, column 2, after “works” insert “, etc.” |
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|
93 | Page 60, line 37, at end insert— |
|
| | | Failure to give notice in accordance with |
| | | | | | s.55(8) (notice to be given on s.55 notice |
| | | | | | | | |
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|
94 | Page 62, line 21, leave out “section” and insert “paragraph” |
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95 | Page 62, line 21, leave out “served with” and insert “given” |
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|
96 | Page 64, line 30, after “be” insert “in such form, contain such information, and be |
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| |
97 | Page 64, leave out lines 32 to 34 and insert— |
|
| “( ) | Section 55 does not apply in relation to works in the part of the highway |
|
| specified under sub-paragraph (1)(c) that are begun between the end of |
|
| the notice period and completion of the works referred to in paragraph |
|
| |
| | This sub-paragraph does not apply to cases prescribed under paragraph |
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| |
98 | Page 64, leave out from beginning of line 45 to end of line 9 on page 65 and insert— |
|
| “( ) | A direction to an undertaker under this paragraph is a direction as to the |
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| date on which he may begin to execute the works proposed by him.” |
|
99 | Page 65, line 45, leave out “to whom it sent the notice under” and insert “specified |
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| |
|
100 | Page 69, line 17, leave out “section” and insert “paragraph” |
|
101 | Page 69, line 17, leave out “served with” and insert “given” |
|
102 | Page 70, line 21, leave out from “may” to end of line 22 and insert “— |
|
| (a) | make different provision (including provision prescribing the |
|
| amount of the penalty or the discounted amount) for different |
|
| |
| (b) | make consequential or transitional provision.” |
|
|
103 | Page 75, line 8, at end insert— |
|
|
104 | Page 75, line 10, at end insert— |
|
| “Route for use by pedal cycles only |
| | | | | Route for use by pedal cycles and pedestrians |
| | | | | | | | | | Route comprising two ways, for use by pedal |
| | | | | cycles only and by pedestrians only |
| | | | | | | | | | | | | |
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|
105 | Page 82, line 34, leave out “for different contraventions,” |
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|