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Criminal Justice and Immigration Act 2008

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Criminal Justice and Immigration Act 2008, SCHEDULE 19 is up to date with all changes known to be in force on or before 21 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 91(2)

SCHEDULE 19E+W+N.I.Grounds for refusal to enforce financial penalties

This schedule has no associated Explanatory Notes

Part 1E+W+N.I.The grounds for refusal

[F1A1.The certificate is incomplete or obviously does not correspond to the decision.]

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Amendments (Textual)

1A penalty (of any kind) has been imposed on the liable person in respect of the conduct to which the certificate relates under the law of any part of the United Kingdom (whether or not the penalty has been enforced).

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Commencement Information

I1Sch. 19 para. 1 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

2A penalty (of any kind) has been imposed on the liable person in respect of that conduct under the law of any member State, other than the United Kingdom and the issuing State, and that penalty has been enforced.

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Commencement Information

I2Sch. 19 para. 2 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F22A.Enforcement of the financial penalty is statute-barred under the law of the relevant part of the United Kingdom and the decision was made in respect of conduct that, under the law of that part of the United Kingdom, falls within its jurisdiction.]

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Amendments (Textual)

3(1)The decision was made in respect of conduct—E+W+N.I.

(a)that is not specified in Part 2 of this Schedule, and

(b)would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I3Sch. 19 para. 3 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F43A.The decision was made in respect of conduct—

(a)that occurred in the relevant part of the United Kingdom, and

(b)does not constitute an offence under the law of that part of the United Kingdom.]

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Amendments (Textual)

4(1)The decision was made in respect of conduct—E+W+N.I.

(a)that occurred outside the territory of the issuing State, and

(b)would not constitute an offence under the law of the relevant part of the United Kingdom if it occurred outside that part.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I4Sch. 19 para. 4 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

5The decision was made in respect of conduct by a person who was under the age of 10 when the conduct took place.

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Commencement Information

I5Sch. 19 para. 5 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

[F65A.It appears that the decision was in fact made for the purpose of punishing the liable person on account of the liable person’s race, ethnic origin, religion, nationality, language, gender, sexual orientation or political opinions.]

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Amendments (Textual)

[F76(1)The certificate indicates that the proceedings in which the decision was made were conducted in writing but does not confirm that the liable person was informed of—E+W+N.I.

(a)the right to contest the proceedings, and

(b)the time limits that applied to the exercise of that right.

(2)The certificate indicates that the proceedings in which the decision was made provided for a hearing to take place and that the liable person did not attend but does not contain the statement described in—

(a)Article 7(2)(i)(i) (liable person summoned in person or by other means actually notified of scheduled date and place of hearing and informed that decision may be made in his or her absence),

(b)Article 7(2)(i)(ii) (liable person’s defence conducted at hearing by authorised legal representative),

(c)Article 7(2)(i)(iii) (liable person indicated intention not to contest decision or did not exercise right to further hearing or appeal within time limit), or

(d)Article 7(2)(j) (liable person expressly waived right to attend and indicated intention not to contest proceedings).

(3)In this paragraph references to Articles are to Articles of the Framework Decision on financial penalties.]

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Amendments (Textual)

Commencement Information

I6Sch. 19 para. 6 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

7(1)The financial penalty is for an amount less than 70 euros.E+W+N.I.

(2)For the purposes of sub-paragraph (1), if the amount of a financial penalty is specified in a currency other than the euro, that amount must be converted to euros by reference to the London closing exchange rate on the date the decision was made.

(3)The Lord Chancellor may by order substitute a different amount for the amount for the time being specified in sub-paragraph (1).

[F8(4)In the application of this Schedule to Northern Ireland, in sub-paragraph (3) the reference to the Lord Chancellor is to be read as a reference to the Department of Justice.]

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Amendments (Textual)

Commencement Information

I7Sch. 19 para. 7 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

Part 2E+W+N.I.European framework list (financial penalties)

8Participation in a criminal organisation.

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Commencement Information

I8Sch. 19 para. 8 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

9Terrorism.

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Commencement Information

I9Sch. 19 para. 9 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

10Trafficking in human beings.

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Commencement Information

I10Sch. 19 para. 10 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

11Sexual exploitation of children and child pornography.

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Commencement Information

I11Sch. 19 para. 11 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

12Illicit trafficking in narcotic drugs and psychotropic substances.

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Commencement Information

I12Sch. 19 para. 12 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

13Illicit trafficking in weapons, munitions and explosives.

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Commencement Information

I13Sch. 19 para. 13 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

14Corruption.

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Commencement Information

I14Sch. 19 para. 14 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

15Fraud, including that affecting the financial interests of [F9the European Union] within the meaning of the Convention of 26 July 1995 on the protection of [F9the European Union] ' financial interests.

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Amendments (Textual)

Commencement Information

I15Sch. 19 para. 15 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

16Laundering of the proceeds of crime.

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Commencement Information

I16Sch. 19 para. 16 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

17Counterfeiting currency, including of the euro.

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Commencement Information

I17Sch. 19 para. 17 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

18Computer-related crime.

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Commencement Information

I18Sch. 19 para. 18 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

19Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

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Commencement Information

I19Sch. 19 para. 19 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

20Facilitation of unauthorised entry and residence.

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Commencement Information

I20Sch. 19 para. 20 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

21Murder, grievous bodily injury.

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Commencement Information

I21Sch. 19 para. 21 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

22Illicit trade in human organs and tissue.

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Commencement Information

I22Sch. 19 para. 22 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

23Kidnapping, illegal restraint and hostage-taking.

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Commencement Information

I23Sch. 19 para. 23 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

24Racism and xenophobia.

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Commencement Information

I24Sch. 19 para. 24 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

25Organised or armed robbery.

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Commencement Information

I25Sch. 19 para. 25 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

26Illicit trafficking in cultural goods, including antiques and works of art.

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Commencement Information

I26Sch. 19 para. 26 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

27Swindling.

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Commencement Information

I27Sch. 19 para. 27 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

28Racketeering and extortion.

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Commencement Information

I28Sch. 19 para. 28 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

29Counterfeiting and piracy of products.

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Commencement Information

I29Sch. 19 para. 29 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

30Forgery of administrative documents and trafficking therein.

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Commencement Information

I30Sch. 19 para. 30 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

31Forgery of means of payment.

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Commencement Information

I31Sch. 19 para. 31 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

32Illicit trafficking in hormonal substances and other growth promoters.

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Commencement Information

I32Sch. 19 para. 32 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

33Illicit trafficking in nuclear or radioactive materials.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 19 para. 33 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

34Trafficking in stolen vehicles.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 19 para. 34 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

35Rape.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 19 para. 35 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

36Arson.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 19 para. 36 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

37Crimes within the jurisdiction of the International Criminal Court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 19 para. 37 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

38Unlawful seizure of aircraft or ships.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 19 para. 38 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

39Sabotage.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 19 para. 39 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

40Conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 19 para. 40 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

41Smuggling of goods.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 19 para. 41 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

42Infringement of intellectual property rights.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 19 para. 42 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

43Threats and acts of violence against persons, including violence during sport events.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 19 para. 43 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

44Criminal damage.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 19 para. 44 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

45Theft.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 19 para. 45 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

46Offences created by the issuing State and serving the purpose of implementing obligations arising from instruments adopted [F10under the Treaty establishing the European Community or Title VI of the Treaty on European Union (as they had effect before 1 December 2009) or under the Treaty on the Functioning of the European Union] .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I46Sch. 19 para. 46 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

Part 3E+W+N.I.Interpretation

47(1)In this Schedule—E+W+N.I.

(a)conduct” includes any act or omission;

(b)liable person” means the person required to pay the financial penalty to which the certificate relates;

[F11(c)“relevant part of the United Kingdom” means—

(i)England and Wales, in the application of this Schedule to England and Wales, and

(ii)Northern Ireland, in the application of this Schedule to Northern Ireland.]

(2)If the decision was made in respect of conduct by a person other than the liable person, the references in paragraph 6 to the liable person are to be read as references to that other person.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I47Sch. 19 para. 47 in force at 1.10.2009 by S.I. 2009/2606, art. 2(r)

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