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| Thursday 4th October 2007 |
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| Further Education and Training Bill [Lords] |
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| On Consideration of Lords Reasons for disagreeing to the Commons Amendments to the
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| Further Education and Training Bill [Lords]
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| | Lords Reasons Nos. 1A, 2A, 4A, 6A, 7A and 8A |
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| To move, That this House does not insist on Commons Amendments Nos. 1, 2, 4, 6, 7 and 8 to |
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| which the Lords have disagreed, but proposes the following Amendments to the Bill in lieu of the |
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| Page 11, line 21, at end insert the following new Clause:— |
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| | Before section 57 of FHEA 1992, insert— |
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| | “56A | Intervention: England |
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| | (1) | This section applies if the Learning and Skills Council for England is |
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| | satisfied as to one or more of the matters listed in subsection (2) in the |
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| | case of an institution in England within the further education sector; and |
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| | it is immaterial whether or not a complaint is made by any person. |
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| | (a) | that the institution’s affairs have been or are being mismanaged |
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| | by the institution’s governing body; |
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| | (b) | that the institution’s governing body have failed to discharge any |
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| | duty imposed on them by or for the purposes of any Act; |
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| | (c) | that the institution’s governing body have acted or are proposing |
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| | to act unreasonably with respect to the exercise of any power |
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| | conferred or the performance of any duty imposed by or under |
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| | (d) | that the institution is performing significantly less well than it |
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| | might in all the circumstances reasonably be expected to |
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| | perform, or is failing or likely to fail to give an acceptable |
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| | standard of education or training. |
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| | (3) | If this section applies the council may do one or more of the things listed |
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| | (4) | Before doing one or more of those things, the council must give the |
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| | Secretary of State a notice stating— |
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| | (a) | the matter or matters listed in subsection (2) as to which the |
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| | (b) | the reasons why the council is so satisfied; |
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| | (c) | the thing or things that the council proposes to do; |
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| | (d) | the reasons why the council proposes to do that thing or those |
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| | (5) | If the council does one or more of those things, it must at the same time |
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| | give the institution’s governing body a notice stating— |
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| | (a) | the matter or matters listed in subsection (2) as to which the |
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| | (b) | the reasons why the council is so satisfied; |
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| | (c) | the reasons why the council has decided to do that thing or those |
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| | (a) | remove all or any of the members of the institution’s governing |
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| | (b) | appoint new members of that body if there are vacancies |
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| | (c) | give to that body such directions as it thinks expedient as to the |
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| | exercise of their powers and performance of their duties. |
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| | (7) | The directions that may be given to a governing body under this section |
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| | include a direction requiring a governing body to make collaboration |
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| | arrangements (within the meaning of section 166 of the Education and |
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| | Inspections Act 2006) with such bodies and on such terms as may be |
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| | specified in the direction. |
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| | (8) | Directions may be given to a governing body under this section despite |
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| | any enactment making the exercise of a power or performance of a duty |
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| | contingent on the body’s opinion. |
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| | (9) | The council may not direct a governing body under subsection (6)(c) to |
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| | dismiss a member of staff. |
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| | (10) | But subsection (9) does not prevent the council, where it considers that it |
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| | may be appropriate to dismiss a member of staff whom the governing |
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| | body have power under their institution’s articles of government to |
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| | dismiss, from giving the governing body such directions under this |
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| | section as are necessary to secure that the procedures applicable to the |
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| | consideration of the case for dismissal of that member of staff are given |
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| | effect to in relation to that member of staff. |
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| | (11) | A governing body must comply with any directions given to them under |
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| | (12) | An appointment of a member of a governing body under this section shall |
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| | have effect as if made in accordance with the instrument of government |
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| | and articles of government of the institution concerned. |
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| | 56B | Intervention policy: England |
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| | (1) | The Learning and Skills Council for England must— |
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| | (a) | prepare a statement of its policy with respect to the exercise of its |
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| | powers under section 56A, |
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| | (b) | keep it under review, and |
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| | (c) | if it considers it appropriate in consequence of a review, prepare |
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| | a revised statement of its policy. |
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| | (2) | When preparing a statement or revised statement of its policy, the council |
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| | (a) | undertake such consultation as it thinks appropriate; |
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| | (b) | consider any representations made to it about the policy to be set |
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| | (3) | The Secretary of State may give the council guidance in relation to the |
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| | exercise of its functions under subsections (1) and (2), and in particular |
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| | in relation to the form and content of the policy. |
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| | (4) | It is the duty of the council to have regard to any guidance given to it |
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| | (5) | The council must send a copy of the statement or revised statement |
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| | prepared by it to the Secretary of State. |
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| | (6) | If the Secretary of State approves it he shall lay a copy of it before each |
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| | (7) | The council must publish— |
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| | (a) | the statement of its policy approved by the Secretary of State; |
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| | (b) | where the Secretary of State approves a revised statement of its |
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| | policy, the revised statement. |
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| | (8) | The council must have regard to the statement most recently published |
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| | under subsection (7) in exercising, or deciding whether to exercise, any |
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| | of its powers under section 56A in relation to an institution. |
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| | (1) | This section applies if— |
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| | (a) | the Secretary of State is satisfied as to one or more of the matters |
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| | listed in section 56A(2) in the case of an institution in England |
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| | within the further education sector, and |
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| | (b) | the Secretary of State is satisfied that the circumstances are such |
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| | that it would be appropriate for the Learning and Skills Council |
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| | for England to do one or more of the things listed in section |
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| | 56A(6) in relation to the institution. |
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| | (2) | In such a case the Secretary of State may give to the council such |
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| | directions as he thinks fit as to the exercise of the council’s powers under |
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| | (3) | Where the Secretary of State gives the council a direction under this |
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| | section, he must at the same time give the council a notice stating the |
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| | matter or matters listed in section 56A(2) as to which he is satisfied. |
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| | (4) | The council must comply with any directions given to it under this |
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| | (5) | Where the council does a thing listed in section 56A(6) in relation to an |
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| | institution in compliance with a direction under this section— |
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| | (a) | the council must give the institution’s governing body a copy of |
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| | the relevant notice under subsection (3), and |
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| | (b) | the requirement to give a notice under section 56A(5) does not |
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| Page 11, line 21, at end insert the following new Clause:— |
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| | (1) | Section 57 of FHEA 1992 (intervention) is amended as set out in subsections (2) |
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| | (2) | In subsection (2) (conditions for intervention), for paragraph (d) substitute— |
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| | “(d) | they are satisfied that the institution is performing significantly |
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| | less well than it might in all the circumstances reasonably be |
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| | expected to perform, or is failing or likely to fail to give an |
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| | acceptable standard of education or training.” |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | The directions that may be given to a governing body under this section |
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| | include a direction requiring a governing body to make collaboration |
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| | arrangements (within the meaning of section 166 of the Education and |
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| | Inspections Act 2006) with such bodies and on such terms as may be |
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| | specified in the direction.” |
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| | (4) | After subsection (6) insert— |
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| | “(6A) | The Welsh Ministers may not direct a governing body under subsection |
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| | (5)(c) to dismiss a member of staff. |
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| | (6B) | But subsection (6A) does not prevent the Welsh Ministers, where they |
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| | consider that it may be appropriate to dismiss a member of staff whom |
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| | the governing body have power under their institution’s articles of |
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| | government to dismiss, from giving the governing body such directions |
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| | under this section as are necessary to secure that the procedures |
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| | applicable to the consideration of the case for dismissal of that member |
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| | of staff are given effect to in relation to that member of staff.” |
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| | (5) | After section 57 of FHEA 1992 insert— |
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| | “57A | Intervention policy: Wales |
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| | (1) | The Welsh Ministers must— |
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| | (a) | prepare a statement of their policy with respect to the exercise of |
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| | their powers under section 57, |
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| | (b) | keep it under review, and |
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| | (c) | if they consider it appropriate in consequence of a review, |
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| | prepare a revised statement of their policy. |
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| | (2) | When preparing a statement or revised statement of their policy, the |
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| | (a) | undertake such consultation as they think appropriate; |
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| | (b) | consider any representations made to them about the policy to be |
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| | set out in the statement. |
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| | (3) | The Welsh Ministers must lay before the National Assembly for Wales a |
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| | copy of any statement or revised statement prepared by them under this |
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| | (4) | The Welsh Ministers must publish any statement or revised statement |
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| | prepared by them under this section. |
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| | (5) | The Welsh Ministers must have regard to the statement most recently |
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| | published under subsection (4) in exercising, or deciding whether to |
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| | exercise, any of their powers under section 57 in relation to an |
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| Page 20, line 8, at end insert— |
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| | ‘( ) | Section (Intervention: Wales) comes into force in accordance with provision |
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| | made by the Welsh Ministers by order.’. |
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| Page 22, line 23, at end insert— |
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| | ‘(1) | Section 57 (intervention) is amended as follows. |
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| | (2) | In subsection (1), after “an institution” insert “in Wales”. |
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| | (a) | in paragraph (a), for “the Secretary of State is” substitute “the Welsh |
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| | (b) | in paragraphs (b) and (c), for “he is” substitute “they are”. |
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| | (5) | In subsection (4), for “the Secretary of State” substitute “the Welsh Ministers”. |
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| | (a) | for “He may” substitute “They may”; |
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| | (b) | in paragraph (c), for “he thinks” substitute “they think”. |
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| | (7) | In the heading, after “Intervention” insert “: Wales”.’. |
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| Page 23, line 26, at end insert— |
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| Page 23, line 39, at end insert— |
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| ‘Education and Inspections Act |
| In Schedule 14, paragraph 18.’. |
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