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| | “8A | Duty to notify coroner of acquisition of certain objects |
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| | (a) | acquires property in an object, and |
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| | (b) | believes or has reasonable grounds for believing— |
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| | (i) | that the object is treasure, and |
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| | (ii) | that notification in respect of the object has not been |
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| | given under section 8(1) of this subsection |
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| | | must notify the Coroner for Treasure before the end of the notice period. |
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| | (2) | The notice period is fourteen days beginning with— |
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| | (a) | the day after he acquires property in the object; or |
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| | (b) | if later, the day on which he first believes or has reason to |
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| | (i) | that the object is treasure; and |
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| | (ii) | that notification in respect of the object has not been |
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| | given under section 8(1) or subsection (1) of this section. |
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| | (3) | Any person who fails to comply with subsection (1) is guilty of an |
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| | (a) | notification in respect of the object has not been given under |
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| | section 8(1) or subsection (1) of this section; and |
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| | (b) | there has been no investigation in relation to the object. |
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| | (4) | Any person guilty of an offence under this section is liable on summary |
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| | (a) | imprisonment for a term not exceeding the relevant maximum; |
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| | (b) | a fine of an amount not exceeding level 5 on the standard scale; |
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| | (5) | In proceedings for an offence under this section, it is a defence for the |
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| | defendant to show he had, and has continued to have, a reasonable excuse |
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| | for failing to notify the Coroner for Treasure. |
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| | (6) | If the office of Coroner for Treasure is vacant, notification under |
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| | subsection (1) must be given to the Chief Coroner. |
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| | (7) | In determining for the purposes of this section whether a person has |
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| | acquired property in an object, section 4 is to be disregarded. |
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| | (8) | In this section “investigation” means an investigation under section |
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| | [Investigations in relation to treasure] of the Coroners and Justice Act |
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| | 8B | Duty to deliver object to coroner |
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| | (1) | Where the Coroner for Treasure is conducting, or proposes to conduct, an |
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| | investigation in relation to an object under section [Investigations in |
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| | relation to treasure] of the Coroners and Justice Act 2009, he may direct |
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| | a person who has control of the object to deliver the object to a designated |
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| | person before the end of the period of fourteen days beginning with the |
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| | day after the direction is given to him. |
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| | (2) | Any person who fails to comply with a direction under subsection (1) is |
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| | guilty of an offence and liable on summary conviction to— |
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| | (a) | imprisonment for a term not exceeding the relevant maximum; |
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| | (b) | a fine of an amount not exceeding level 5 on the standard scale; |
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| | (3) | In proceedings for an offence under this section, it is a defence for the |
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| | defendant to show he had, and has continued to have, a reasonable excuse |
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| | for failing to comply with the direction. |
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| | (4) | For the purposes of this section a person has control of an object if he has |
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| | possession, or a right to possession, of it; and in determining for those |
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| | purposes whether a person has a right to possession of an object, section |
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| | (5) | In this section “designated person” means a person designated in a code |
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| | of practice under section 11. |
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| | 8C | Offences: further provision |
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| | (1) | Proceedings for an offence under section 8, 8A or 8B may be brought |
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| | within the period of six months from the date on which evidence |
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| | sufficient in the opinion of the prosecutor to warrant the proceedings |
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| | came to his knowledge; but no such proceedings may be brought by |
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| | virtue of this subsection more than three years after the commission of |
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| | (2) | For the purposes of subsection (1)— |
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| | (a) | a certificate signed by or on behalf of the prosecutor and stating |
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| | the date on which evidence sufficient in his opinion to warrant |
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| | the proceedings came to his knowledge shall be conclusive |
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| | evidence of that fact; and |
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| | (b) | a certificate stating that matter and purporting to be so signed |
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| | shall be deemed to be so signed unless the contrary is proved. |
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| | (3) | For the purposes of sections 8A and 8B “the relevant maximum” is— |
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| | (a) | in England and Wales, 51 weeks; |
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| | (b) | in Northern Ireland, three months. |
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| | (4) | In relation to an offence committed before the commencement of |
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| | paragraph 48 of Schedule 26 to the Criminal Justice Act 2003 (c. 44), the |
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| | reference in subsection (3)(a) to 51 weeks is to be read as a reference to |
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| Clause 151, page 99, line 30, leave out ‘without the approval of the Secretary of |
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| State’ and insert ‘until the code has been approved by a resolution of each House of |
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| Clause 151, page 97, line 2, at end insert— |
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| | ‘(1A) | If a data controller has failed to comply with an assessment notice as requires |
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| | steps to be taken, the Information Commissioner may certify in writing to the |
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| | court that the government department or public authority has failed to comply |
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| | (1B) | For the purposes of this section, a data controller which, in purported compliance |
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| | with an information notice— |
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| | (a) | makes a statement which it knows to be false in a material respect, or |
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| | (b) | recklessly makes a statement which is false in a material respect, |
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| | | is to be taken to have failed to comply with the notice. |
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| | (1C) | Where a failure to comply is certified under subsection (13)(a), the court may |
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| | inquire into the matter and, after hearing any witness who may be produced |
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| | against or on behalf of the public authority, and after hearing any statement that |
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| | may be offered in defence, deal with the authority as if it had committed a |
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| | (1D) | In subsections (1A) to (1C), “the court” means the High Court or, in Scotland, the |
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| | Orders under the Protection from Harrassment Act 1997 |
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| To move the following Clause:— |
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| | ‘(1) | A court sentencing or otherwise dealing with a person (“the defendant”) |
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| | convicted or acquitted of an offence— |
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| | (a) | of grievous bodily harm contrary to sections 18 or 20 of the Offences |
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| | Against the Person Act 1861; |
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| | (b) | of any offence contrary to section 21 of the Offences Against the Person |
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| | (c) | of any offence contrary to sections 22, 23, 24 or 25 of the Offences |
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| | Against the Person Act 1861; |
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| | (d) | of actual bodily harm contrary to section 47 of the Offences Against the |
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| | (e) | of common assault contrary to section 39 of the Criminal Justice Act |
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| | (f) | of a racially or religiously aggravated offence contrary to section 29 of |
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| | the Crime and Disorder Act 1998 |
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| | | may, as well as sentencing him or dealing with him in any other way, make an |
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| | order under sections 5 or 5A, as appropriate, of the Protection from Harrassment |
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| Clause 80, page 45, line 34, after ‘court’, insert ‘a coroner’s court,’. |
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| Clause 80, page 45, line 35, after first ‘Court’, insert ‘the High Court’. |
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| Clause 80, page 46, line 1, after ‘court’, insert ‘a coroner’s court,’. |
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| Clause 70, page 41, line 14, at end insert— |
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| | ‘(1A) | An application for a witness anonymity order to be made in relation to a witness |
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| | in a coroner’s inquest may be made to the coroner with the coroner’s permission |
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| | by any party appearing at the inquest.’. |
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| Clause 70, page 42, line 2, at end insert— |
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| | ‘(9) | Where an application either for permission to make an application for a witness |
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| | anonymity order or for a witness anonymity order is made to a coroner by a party |
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| | appearing at an inquest that party— |
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| | (a) | must (unless the coroner directs otherwise) inform the coroner of the |
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| | identity of the witness, but |
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| | (b) | is not required to disclose in connection with the application— |
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| | (i) | the identity of the witness, or |
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| | (ii) | any information that may enable the witness to be identified, |
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| | | to any other party to the proceedings or his or her legal representatives.’. |
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| Clause 70, page 42, line 2, at end insert— |
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| | ‘(9) | The court may in its descretion appoint counsel to assist it when considering an |
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| | application for permission to make an application for a witness anonymity order |
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| | or an application for a witness anonymity order.’. |
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| Clause 70, page 42, line 2, at end insert— |
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| | ‘(9) | The provisions set out in subsections (4) to (9) inclusive apply as appropriate to |
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| | applications to a coroner as they do to applications in criminal cases.’. |
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| Clause 71, page 42, line 5, after ‘proceedings’, insert ‘or an inquest’. |
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| Clause 71, page 42, line 13, leave out ‘or otherwise’. |
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| Clause 71, page 42, line 15, after ‘trial’, insert ‘or the inquest being conducted in a |
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| manner consistent with the interests of the parties before it being treated fairly.’. |
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| Clause 72, page 42, line 33, after ‘proceedings’, insert ‘or a party appearing at an |
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| Clause 72, page 42, line 39, after ‘defendant’, insert ‘resolving the issues in the |
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| Clause 72, page 43, line 1, after ‘case’, insert ‘or inquest’. |
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| Clause 72, page 43, line 4, after ‘defendant’, insert ‘, or the witness and any party |
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| appearing at the inquest or any associates of any party appearing at the inquest’. |
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| Clause 72, page 43, line 9, after ‘indictment’, insert ‘or at an inquest’. |
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| Clause 73, page 43, line 12, after the first and second ‘judge’, insert ‘or coroner’. |
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| Clause 73, page 43, line 14, after ‘defendant’, insert ‘or a party appearing at the |
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| Clause 74, page 43, line 18, after ‘proceedings’, insert ‘or inquest’. |
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| Clause 74, page 43, line 31, after second ‘proceedings’, insert ‘or party appearing |
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| Clause 75, page 43, line 41, after first ‘proceedings’, insert ‘or at an inquest’. |
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| Clause 75, page 44, line 18, after ‘defendant’, insert ‘or a party appearing’. |
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| Clause 76, page 44, line 28, after second ‘proceedings)’, insert ‘or an inquest’. |
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| Clause 76, page 44, line 33, at end insert ‘or (c) the verdict or any finding of fact or |
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| law by the coroner or inquest jury, as the case may be, is reviewed by the appeal court.’. |
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| Clause 76, page 44, line 41, after ‘proceedings’, insert ‘or appearing at the inquest’. |
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| Clause 76, page 45, line 3, after ‘proceedings’, insert ‘or a party appearing at the |
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| Clause 76, page 45, line 7, at end insert — |
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| | ‘(2A) | The High Court (Queen’s Bench Division),’. |
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| Clause 39, page 24, line 9, at end insert— |
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| | ‘( ) | A person (“D”) who kills or is party to the killing of another is not to be convicted |
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| | of murder if D was under the age of eighteen and his developmental immaturity— |
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| | (a) | substantially impaired D’s ability to do one or more of the things |
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| | mentioned in subsection (1A), and |
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| | (b) | provides an explanation for D’s acts and omissions in doing or being a |
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| Clause 39, page 24, line 14, after ‘(1)(c)’, insert ‘, and subsection ( )(b)’. |
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| Clause 39, page 24, line 15, after ‘functioning’, insert ‘or D’s developemental |
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