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Statutory Instruments
Local Government, England
Transport, England
Made
31st March 2014
Coming into force in accordance with article 1
This Order is made in exercise of the powers conferred by sections 84, 91 and 93 of the Local Transport Act 2008(1) and sections 103 to 105 and 114 to 116 of the Local Democracy, Economic Development and Construction Act 2009(2).
The Secretary of State, having regard to a scheme prepared and published under section 82 of the Local Transport Act 2008 and section 109 of the Local Democracy, Economic Development and Construction Act 2009, considers that the making of this Order is likely to improve—
(a)the exercise of statutory functions relating to transport in the area to which this Order relates,
(b)the effectiveness and efficiency of transport in that area,
(c)the exercise of statutory functions relating to economic development and regeneration in that area, and
(d)economic conditions in that area.
The Secretary of State is satisfied that the area to which this Order relates meets the conditions set out in section 103 of the Local Democracy, Economic Development and Construction Act 2009.
The Secretary of State has consulted—
(a)the district councils for the area comprised in the South Yorkshire integrated transport area,
(b)the South Yorkshire Integrated Transport Authority,
(c)such other persons as the Secretary of State considered appropriate.
The councils whose areas are comprised in the South Yorkshire integrated transport area have consented to the making of this Order.
In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities, and to secure effective and convenient local government.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 94 of the Local Transport Act 2008 and section 117 of the Local Democracy, Economic Development and Construction Act 2009.
Accordingly, the Secretary of State makes the following Order:
1. This Order may be cited as the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 and shall come into force on the day after the day on which it is made.
Commencement Information
I1Art. 1 in force at 1.4.2014, see art. 1
2. In this Order—
“the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;
“combined area” means the area consisting of the areas of the constituent councils;
“the Combined Authority” means the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority constituted by article 3;
“commencement date” means the date on which this Order comes into force;
“constituent councils” means—
Sheffield City Council; and
Barnsley Metropolitan Borough Council, Doncaster Metropolitan Borough Council and Rotherham Metropolitan Borough Council;
“financial year” means the period of 12 months ending with 31st March in any year;
“ITA” means the South Yorkshire Integrated Transport Authority;
“non-constituent councils” means—
Chesterfield Borough Council; and
Bassetlaw District Council, Bolsover District Council, Derbyshire Dales District Council and North East Derbyshire District Council.
Commencement Information
I2Art. 2 in force at 1.4.2014, see art. 1
3.—(1) There is established a combined authority for the combined area.
(2) The combined authority is to be a body corporate and to be known as the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority.
(3) The functions of the Combined Authority are those functions conferred or imposed upon it by this Order or by any other enactment (whenever passed or made), or as may be delegated to it by or under this Order or any other enactment (whenever passed or made).
Commencement Information
I3Art. 3 in force at 1.4.2014, see art. 1
4. Schedule 1 (which makes provision about the constitution of the Combined Authority) has effect.
Commencement Information
I4Art. 4 in force at 1.4.2014, see art. 1
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Art. 5 omitted (28.7.2020) by virtue of The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 18
6.—(1) The South Yorkshire integrated transport area is dissolved and the ITA is abolished.
(2) On the abolition of the ITA—
(a)its functions; and
(b)its property, rights and liabilities,
are transferred to the Combined Authority.
Commencement Information
I5Art. 6 in force at 1.4.2014, see art. 1
7.—(1) This article has effect in consequence of article 6.
(2) In any enactment (whenever passed or made)—
(a)any reference to an integrated transport area; or
(b)any reference which falls to be read as a reference to such an area,
is to be treated as including a reference to the combined area.
(3) In any enactment (whenever passed or made)—
(a)any reference to an integrated transport authority; or
(b)any reference which falls to be read as a reference to such an authority,
is to be treated as including a reference to the Combined Authority.
Commencement Information
I6Art. 7 in force at 1.4.2014, see art. 1
8.—(1) In this article “the Executive” means the South Yorkshire Passenger Transport Executive established pursuant to the South Yorkshire Passenger Transport Area (Establishment of Executive) Order 1973(3).
(2) The Executive is to be an executive body of the Combined Authority for the purposes of Part 5 of the Local Transport Act 2008 and Part 6 of the 2009 Act.
(3) In the application of section 101 of the Local Government Act 1972(4) (arrangements for the discharge of functions) to the Combined Authority the Executive is to be treated as if it were an officer of the Combined Authority.
Commencement Information
I7Art. 8 in force at 1.4.2014, see art. 1
9.—(1) Nothing in article 6 or 7 affects the validity of anything done by or in relation to the ITA before the commencement date.
(2) There may be continued by or in relation to the Combined Authority anything (including legal proceedings) which—
(a)relates to any of the functions, property, rights or liabilities transferred to the Combined Authority; and
(b)is in the process of being done by or in relation to the ITA immediately before the commencement date.
(3) Anything which—
(a)was made or done by or in relation to the ITA for the purposes of or otherwise in connection with any of the functions, property, rights or liabilities transferred; and
(b)is in effect immediately before the transfer takes effect,
has effect as if made or done by or in relation to the Combined Authority.
(4) The Combined Authority shall be substituted for the ITA in any instruments, contracts or legal proceedings which—
(a)relate to any of the functions, property, rights or liabilities transferred; and
(b)are made or commenced before the transfer takes effect.
(5) A reference in this article to anything made or done by or in relation to the ITA includes a reference to anything which by virtue of any enactment is to be treated as having been made or done by or in relation to the ITA.
(6) Without prejudice to the generality of this article a levy issued by the ITA under section 74 of the Local Government Finance Act 1988(5) and in accordance with the Transport Levying Bodies Regulations 1992(6) to the constituent councils in respect of the financial year beginning 1st April 2014 is to have effect for that year from and after the commencement date as if it had been so issued by the Combined Authority.
Commencement Information
I8Art. 9 in force at 1.4.2014, see art. 1
10.—(1) The functions of the constituent councils set out in Schedule 2 to this Order are exercisable by the Combined Authority in relation to its area.
(2) The functions are exercisable concurrently with the constituent councils.
(3) Any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of that function by the Combined Authority.
Commencement Information
I9Art. 10 in force at 1.4.2014, see art. 1
F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Arts. 11-13 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(2)
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Arts. 11-13 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(2)
F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Arts. 11-13 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(2)
F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Arts. 11-13 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(2)
Signed on behalf of the Secretary of State for Communities and Local Government
Brandon Lewis
Parliamentary Under Secretary of State
Department for Communities and Local Government
31st March 2014
Article 4
1.—(1) Each constituent council shall appoint one of its elected members as a member of the Combined Authority.
(2) Each constituent council shall appoint another of its elected members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (1) (“the substitute member”).
(3) Each constituent council shall appoint one of its elected members to be a rotational second member (“the second member”) of the Combined Authority.
(4) The Combined Authority shall appoint two of the rotational second members each year for a one year term.
(5) The order of rotation of the second members shall be determined at the first meeting of the Combined Authority.
(6) For the purposes of this Schedule any reference to a member is to be treated as including a reference to the appointed second members.
(7) Each non-constituent council shall appoint one of its elected members to be a member of the Combined Authority.
(8) Each non-constituent council shall appoint another of its elected members to act as a member of the Combined Authority in the absence of the member appointed under sub-paragraph (7) (“the substitute member”).
(9) A person ceases to be a member or substitute member of the Combined Authority if they cease to be a member of the constituent council or non-constituent council that appointed them.
(10) A person may resign as a member or substitute member of the Combined Authority by written notice served on the proper officer of the constituent council or non-constituent council that appointed them and the resignation shall take effect on receipt of the notice by the proper officer.
(11) Where a member or substitute member’s appointment ceases by virtue of sub-paragraph (9) or (10) the constituent council or non-constituent council that made the appointment shall, as soon as practicable, give written notice of that fact to the Combined Authority and appoint another of its elected members in that person’s place.
(12) A constituent council or non-constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined Authority and appoint another of its elected members in that person’s place.
(13) Where a constituent council or non-constituent council exercises its power under sub-paragraph (12), it shall give written notice of the new appointment and the termination of the previous appointment to the Combined Authority and the new appointment shall take effect and the previous appointment terminate at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.
(14) For the purposes of this paragraph, an elected mayor of a constituent council or non-constituent council is to be treated as a member of the constituent council or non-constituent council.
Commencement Information
I10Sch. 1 para. 1 in force at 1.4.2014, see art. 1
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 1 para. 2 omitted (28.7.2020) by virtue of The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 19(2)
3.—F4(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) No business shall be transacted at a meeting of the Combined Authority unless at least three members or substitute members appointed by the constituent councils are present at the meeting.
F5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Members appointed by the non-constituent councils shall be non-voting members of the Combined Authority.
F7(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1 para. 3(1) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(3)
F5Sch. 1 para. 3(3) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(3)
F6Sch. 1 para. 3(4) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(3)
F7Sch. 1 para. 3(6) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(3)
F8Sch. 1 para. 3(7) omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(3)
Commencement Information
I11Sch. 1 para. 3 in force at 1.4.2014, see art. 1
4.—(1) The Combined Authority shall appoint one or more committees as an overview and scrutiny committee, or as the case may be committees, of the Combined Authority.
(2) The Combined Authority shall appoint at least one member of each of the constituent councils F9... to each overview and scrutiny committee appointed by the Combined Authority.
(3) An overview and scrutiny committee appointed by the Combined Authority may not include any member of the Combined Authority.
(4) Each member of the overview and scrutiny committee appointed from the constituent councils is to have one vote and no member is to have a casting vote.
(5) If a vote is tied on any matter it shall be deemed not to have been carried.
(6) Members appointed from the non-constituent council to F10... any other committee or sub-committee of the Combined Authority, shall be non-voting members of that committee or sub-committee but may be given voting rights by resolution of the Combined Authority.
(7) Any overview and scrutiny committee appointed by the Combined Authority shall have the power to—
(a)invite members or substitute members of the Combined Authority to attend before it to answer questions;
(b)invite other persons, including members of the public, to attend meetings of the committee;
(c)review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the Combined Authority;
(d)make reports or recommendations to the Combined Authority with respect to the discharge of any functions which are the responsibility of the Combined Authority;
(8) The power to review or scrutinise a decision made but not implemented under sub-paragraph (7)(c) includes the power to recommend that the decision be reconsidered by the Combined Authority.
(9) Where an overview and scrutiny committee appointed by the Combined Authority makes a report or recommendation under sub-paragraph (7)(d) the committee may—
(a)publish the report or recommendations;
(b)by notice in writing require the Combined Authority to—
(i)consider the report or recommendations;
(ii)respond to the overview and scrutiny committee indicating what (if any) action the Combined Authority proposes to take;
(iii)if the overview and scrutiny committee has published the report or recommendations under paragraph (a), publish the response.
(10) A notice served under sub-paragraph (9)(b) must require the Combined Authority to comply with it within two months beginning with the date on which the Combined Authority received the reports or recommendations or (if later) the notice.
(11) The Combined Authority shall comply with a notice given under sub-paragraph (9)(b).
(12) Sub-paragraphs (9)(a) and (11) are subject to section 9FG of the Local Government Act 2000 and to any provision made under section 9GA(8)(7) and the Combined Authority shall be treated as a local authority for those purposes.
Textual Amendments
F9Words in Sch. 1 para. 4(2) omitted (28.7.2020) by virtue of The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 19(4)(a)
F10Words in Sch. 1 para. 4(6) omitted (28.7.2020) by virtue of The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 19(4)(b)
Commencement Information
I12Sch. 1 para. 4 in force at 1.4.2014, see art. 1
5.—(1) The Combined Authority must make arrangements for the names of members and substitute members present at any meeting to be recorded.
(2) Minutes of the proceedings of a meeting of the Combined Authority, or any committee or sub-committee of the Combined Authority, are to be kept in such form as the Combined Authority may determine.
(3) Any such minutes are to be signed at the same or next suitable meeting of the Combined Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.
(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) shall be received in evidence without further proof.
(5) Until the contrary is proved, a meeting of the Combined Authority, committee or sub-committee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members and substitute members present at the meeting are deemed to have been duly qualified.
(6) For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the Combined Authority provide for another meeting of the authority, committee or sub-committee, to be regarded as suitable, either the next following meeting or that other meeting.
Commencement Information
I13Sch. 1 para. 5 in force at 1.4.2014, see art. 1
6. The Combined Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.
Commencement Information
I14Sch. 1 para. 6 in force at 1.4.2014, see art. 1
7. Subject to paragraphs 7A to 7D no remuneration is to be payable by the Combined Authority to its members or to members of a constituent council who are appointed to an overview and scrutiny committee or sub-committee, or to the audit committee of the Combined Authority, other than—
(a)allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined Authority;
(b)allowances payable in accordance with a scheme made under section 113E of the 2009 Act.]
Textual Amendments
[F12[F137A. Paragraphs 7B and 7C apply in relation to allowances payable other than those specified in paragraph 7(a) and (b).]
Textual Amendments
7B.—(1) The Combined Authority may establish an independent remuneration panel who may make recommendations to the Combined Authority and to the constituent councils regarding the allowances payable to—
(a)the Mayor; F14...
(b)the Deputy Mayor.
[F15(c)a member of a constituent council who is appointed to an overview and scrutiny committee or a sub-committee of that committee; and
(d)a member of the Combined Authority or of a constituent council who is appointed to the audit committee]
(2) An independent remuneration panel must consist of at least three members none of whom—
(a)is also a member of the Combined Authority or is a member of a committee or sub-committee of the Combined Authority or a member of a constituent council of the Combined Authority; or
(b)is disqualified from being or becoming a member of the Combined Authority.
(3) The Combined Authority may pay the expenses incurred by the independent remuneration panel established under paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined Authority may determine.
Textual Amendments
F12Sch. 1 paras. 7A-7C inserted (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 19(6)
7C. The Combined Authority may only pay an allowance [F16in accordance with paragraph 7B(1)] if—
(a)the Combined Authority has considered a report published by the independent remuneration panel established under paragraph [F177B] which contains recommendations for such an allowance; and
(b)the allowance paid by the Combined Authority does not exceed the amount specified in the recommendation made by the independent remuneration panel.]
Textual Amendments
F12Sch. 1 paras. 7A-7C inserted (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 19(6)
[F187D.—(1) This paragraph applies in relation to pensions.
(2) Where the Combined Authority pays a relevant allowance to a person—
(a)that person is entitled to a pension paid in accordance with a scheme made under section 1 of the Public Service Pensions Act 2013;
(b)that allowance is to be treated as an amount in respect of which such a pension is payable under that scheme; and
(c)the Combined Authority must make such payments as may be required in respect of pension payable to a person in relation to that allowance.]
Textual Amendments
[F197E. In paragraph 7D, a “relevant allowance” means—
(a)an allowance payable under paragraph 7B to any person referred to in that paragraph, which is not an allowance for travel and subsistence;
(b)an allowance payable in accordance with a scheme made under section 113E of the 2009 Act.]
Textual Amendments
Article 10(1)
F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
4. The duties under sections F21... [F2217A and 18A(1)(b)] of the Education Act 1996 and the power under sections 514A and 560A of that Act (duties and powers related to the provision of education and training for persons over compulsory school age).E+W
Textual Amendments
F21Words in Sch. 2 para. 4 omitted (4.6.2026) by virtue of The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(4)(b)(i)
F22Words in Sch. 2 para. 4 substituted (4.6.2026) by The English Devolution and Community Empowerment Act 2026 (Consequential Amendments and Revocations) (England) Regulations 2026 (S.I. 2026/519), regs. 1(2), 20(4)(b)(ii)
Commencement Information
I15Sch. 2 para. 4 in force at 1.4.2014, see art. 1
(This note is not part of the Order)
This order establishes the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority.
Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise functions relating to transport and to economic development and regeneration in their area.
The Secretary of State may only establish a combined authority for an area where a scheme for such an authority has been published under section 109 of the 2009 Act. This order has been made following the publication of such a scheme on 25th April 2013 by the constituent councils whose areas together make up the combined area of the new authority. The scheme is available at www.sheffieldcityregion.org.uk/projects/the-sheffield-city-region-authority.
Part 2 of the Order establishes the new authority, to be known as the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, and makes provision for its constitution and funding.
Article 4 of and Schedule 1 to the Order make provision for the constitution of the Combined Authority. This is supplemental to the provision that is made by Part 1A of Schedule 12 to the Local Government Act 1972 (see paragraph (6A) of that Schedule, as amended by the 2009 Act).
Article 5 makes provision for the funding, by the constituent councils, of those costs of the Combined Authority that relate to the exercise of its economic development and regeneration functions.
Part 3 is about the transport aspects of the combined authority. Article 6 dissolves the South Yorkshire Integrated Transport Authority and transfers its functions and its property, rights and liabilities to the Combined Authority. Article 7 makes general adaptations to the primary and subordinate legislation, so that references to an integrated transport area or authority are to be treated as extending to the Combined Authority and its area. Article 8 makes the South Yorkshire Passenger Transport Executive an executive body of the Combined Authority. Article 9 ensures continuity when functions, property, rights or liabilities are transferred by the Order.
Part 4 confers additional functions on the Combined Authority. Article 10 confers functions of the constituent councils relating to economic development and regeneration. These are set out in Schedule 2 to the Order and are to be exercised concurrently with the constituent councils. Articles 11 to 13 make some general, incidental provisions relating to the Combined Authority to enable it to carry out its functions more effectively.
A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.
1988 c.41; section 74 was amended by the Local Government Finance Act 1992 (c. 14), Schedule 13, paragraph 72; the Local Government (Wales) Act 1994 (c. 19), Schedule 6, paragraph 21; the Environment Act 1995 (c. 25), Schedule 24; the Greater London Authority Act 1999 (c. 29) section 105; the Courts Act 2003 (c. 39), Schedule 8, paragraph 305(a); the Fire and Rescue Services Act 2004 (c. 21), Schedule 1, paragraph 68; the Local Government and Involvement in Public Health Act 2007 (c. 28), Schedule 1, paragraph 16; the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 6, paragraphs 74 and 75 and Schedule 7, Part 4; the Police Reform and Social Responsibility Act 2011 (c. 13), Schedule 16, paragraph 182(a); the Localism Act 2011 (c. .20), Schedule 7, paragraphs 1, 2; and by S.I. 1994/2825.
S.I. 1992/2789, amended by S.I. 2012/213.
2000 c. 22. Sections 9FG and 9GA were inserted by the Localism Act 2011 (c. 20), section 21 and Schedule 2.
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