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Regulation 3(4)

SCHEDULE 2U.K.MEASURING INSTRUMENT WHICH MAY CONTINUE TO BE PUT INTO USE

This schedule has no associated Explanatory Memorandum

Cold water metersU.K.

1.  A cold-water meter—

(a)in respect of which a certificate of approval was granted before 30th October 2006; and

(b)which was first passed as fit for trade and stamped before 30th October 2016 under the Measuring Equipment (Cold-water Meter Regulations) 1988 M1.

Marginal Citations

2.  A cold-water meter—E+W+S

(a)in respect of a pattern of which EEC pattern approval was granted before 30th October 2006 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another EEA state which implement Council Directive 75/33/EEC M2); and

(b)which bears a mark of EEC initial verification or of EEC partial verification, in either case, affixed before 30th October 2016 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another EEA state which implement Council Directive 71/316/EEC M3 as amended by Council Directives 72/427/EEC M4, 83/575/EEC M5, 87/354/EEC M6 87/355/EEC M7 and 88/665/EEC M8.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Marginal Citations

M2OJ No. L14, 20.1.75, p.1. Directive 75/33/EEC was repealed by Directive 2004/22/EC (OJ No. L135, 30.04.04, p.1).

M3OJ No. L202, 6.9.71, p.1, OJ/SE 1971(II), p.707.

M4OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28-30 Dec., p.71.

M5OJ No. L332, 28.11.83, p.43.

M6OJ No. L192, 11.7.87, p.43.

M7OJ No. L192, 11.7.87, p.46.

M8OJ No. L382, 31.12.88, p.42.

2.  A cold-water meter—N.I.

(a)in respect of a pattern of which EEC pattern approval was granted before 30th October 2006 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another [F1relevant] state which implement Council Directive 75/33/EEC F2); and

(b)which bears a mark of EEC initial verification or of EEC partial verification, in either case, affixed before 30th October 2016 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another [F1relevant] state which implement Council Directive 71/316/EEC F3 as amended by Council Directives 72/427/EEC F4, 83/575/EEC F5, 87/354/EEC F6 87/355/EEC F7 and 88/665/EEC F8.

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F2OJ No. L14, 20.1.75, p.1. Directive 75/33/EEC was repealed by Directive 2004/22/EC (OJ No. L135, 30.04.04, p.1).

F3OJ No. L202, 6.9.71, p.1, OJ/SE 1971(II), p.707.

F4OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28-30 Dec., p.71.

F5OJ No. L332, 28.11.83, p.43.

F6OJ No. L192, 11.7.87, p.43.

F7OJ No. L192, 11.7.87, p.46.

F8OJ No. L382, 31.12.88, p.42.

Gas metersU.K.

3.  A gas meter for use for trade which was—

(a)stamped under section 17 of the Gas Act 1986 M9 and placed on the market before 30th October 2016; or

(b)stamped under article 22 of the Gas (Northern Ireland) Order 1996 M10 and placed on the market before 30th October 2016;

4.  A gas meter for use for trade—E+W+S

(a)in respect of which an EEC pattern approval was granted before 30th October 2006—

(i)under the Measuring Instruments (EEC Requirements) Regulations 1988 M11, as applied to gas meters by the Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988 M12; or

(ii)by any other EEA state in accordance with the relevant provisions of measures in force which implement Council Directive 71/318 M13,

and

(b)which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations (as so applied) or by any other EEA state in accordance with those provisions.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Marginal Citations

M13Directive 71/318 on the approximation of the laws of member States relating to gas meters.

4.  A gas meter for use for trade—N.I.

(a)in respect of which an EEC pattern approval was granted before 30th October 2006—

(i)under the Measuring Instruments (EEC Requirements) Regulations 1988 F9, as applied to gas meters by the Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988 F10; or

(ii)by any other [F11relevant] state in accordance with the relevant provisions of measures in force which implement Council Directive 71/318 F12,

and

(b)which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations (as so applied) or by any other [F11relevant] state in accordance with those provisions.

Extent Information

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F12Directive 71/318 on the approximation of the laws of member States relating to gas meters.

Active electrical energy metersU.K.

5.  An active electrical energy meter for use for trade which was—

(a)of a pattern or construction approved before 30th October 2006 by or under regulations made under paragraph 2 of Schedule 7 to the Electricity Act 1989 M14, where such approval has not been revoked under regulations so made; and

(b)before 30th October 2016,—

(i)certified under paragraph 5 of that Schedule or excepted from the requirement for certification under paragraph 2(2) of that Schedule; and

(ii)placed on the market.

Marginal Citations

6.  An active electrical energy meter for use for trade which was—U.K.

(a)of a pattern or construction approved before 30th October 2006 by or under regulations made under paragraph 3 of Schedule 7 to the Electricity (Northern Ireland) Order 1992 M15 where such approval has not been revoked under regulations so made; and

(b)before 30th October 2016—

(i)certified under paragraph 6 of that Schedule or excepted from the requirement for certification under paragraph 3(2) of that Schedule; and

(ii)placed on the market.

Marginal Citations

M15S.I. 1992 No 231 (N.I. 1).

7.  An active electricity meter for use for trade—E+W+S

(a)in respect of which an EEC pattern approval was granted before 30th October 2006—

(i)under the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 M16; or

(ii)any other EEA state in accordance with the relevant provisions of measures in force which implement Council Directive 76/891 M17; and

(b)which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations or by any other EEA state in accordance with those provisions.

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Marginal Citations

M17Directive 76/891 on the approximation of the laws of member States relating to electrical energy meters.

7.  An active electricity meter for use for trade—N.I.

(a)in respect of which an EEC pattern approval was granted before 30th October 2006—

(i)under the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 F13; or

(ii)any other [F14relevant] state in accordance with the relevant provisions of measures in force which implement Council Directive 76/891 F15; and

(b)which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations or by any other [F14relevant] state in accordance with those provisions.

Extent Information

E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F15Directive 76/891 on the approximation of the laws of member States relating to electrical energy meters.

Automatic Weighing instrumentsU.K.

8.  An Automatic gravimetric filing instrument—

(a)in respect of which a certificate of approval was granted before 30th October 2006; and

(b)which before 30th October 2016 was first passed as fit for use for trade and stamped under—

(i)the Weights and Measures Regulations 1963 M18;

(ii)the Weighing Equipment (Filing and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986 M19; or

(iii)the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 M20.

Marginal Citations

M18S.I. 1963/1710, as amended by S.I. 1970/1370, S.I. 1972/767, S.I. 1974/1326, S.I. 1977/1932, S.I. 1978/484, S.I. 1979/1612, S.I. 1980/1070, S.I. 1980/1079, S.I. 1983/914, S.I. 1984/1446, S.I. 1985/1532, S.I. 1986/1320, S.I. 1986/1682, S.I. 1988/120, S.I. 1988/876, S.I. 1994/1249, S.I. 1995/735, S.I. 2000/388, S.I. 2001/599, S.I. 2001/1208, S.I. 2003/2454 and S.I. 2003/2761.

M19S.I. 1986/1320, as amended by S.I. 1994/1851, S.I. 1996/797, S.I. 2000/387, S.I. 2001/85 and S.I. 2003/2014.

Measuring systems for the measurement of liquid fuel and lubricantsU.K.

9.  A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel lubricants or a mixture of liquid fuels and lubricants in a quantity not exceeding 100 litres or 100 kilograms—

(a)in respect of which a certificate of approval was granted before 30th October 2006; and

(b)which was before 30th October 2016 first passed as fit for use for trade and stamped under the Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995 M21.

Marginal Citations

10.—(1) A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel, lubricants or a mixture of liquid fuels and lubricants in a quantity not exceeding 100 litres or 100 kilograms—E+W+S

(a)in respect of which an EEC pattern approval was granted before 30th October 2006; and

(b)which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

(2) For the purposes of paragraph (1)—

(a)a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 M22 or, in the case of any other EEA state, in accordance with the measures in force which implemented—

(i)Council Directive 71/319 EEC M23;

(ii)Council Directive 71/348/EEC M24 as amended by the Treaty of Accession 1994 M25; and

(iii)Council Directive 77/313/EEC M26 as amended by Commission Directive 82/625/EEC M27; and

(b)the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other EEA state in accordance with the measures in force which implemented Council Directive 71316/EEC M28 as amended by Council Directives 72/427/EEC M29, 83/575/EEC M30, 87/354/EEC M31, 87/355/EEC M32 and 88/665/EEC M33.

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Marginal Citations

M23OJ No. L202, 6.9.71, p.32, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

M24OJ No. L239, 25.10.71, p.9 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

M25The Treaty concerning the accession of Norway, Austria, Finland and Sweden, signed 24.06.94.

M26OJ No. L105, 28.4.77, p. 18, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

M27OJ No. L252, 27.8.82, p.10 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

M28OJ No. L202, 6.9.71, p.1, OJ/SE 1971 (II), p 707.

M29OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28-30 Dec., p.71.

M30OJ No. L332, 28.11.83, p.43.

M31OJ No. L192. 11.7.87, p.43.

M32OJ No. L192, 11.7.87, p.46.

M33OJ No. L382, 31.12.88, p.42.

10.—(1) A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel, lubricants or a mixture of liquid fuels and lubricants in a quantity not exceeding 100 litres or 100 kilograms—N.I.

(a)in respect of which an EEC pattern approval was granted before 30th October 2006; and

(b)which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

(2) For the purposes of paragraph (1)—

(a)a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 F16 or, in the case of any other [F17relevant] state, in accordance with the measures in force which implemented—

(i)Council Directive 71/319 EEC F18;

(ii)Council Directive 71/348/EEC F19 as amended by the Treaty of Accession 1994 F20; and

(iii)Council Directive 77/313/EEC F21 as amended by Commission Directive 82/625/EEC F22; and

(b)the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other [F17relevant] state in accordance with the measures in force which implemented Council Directive 71316/EEC F23 as amended by Council Directives 72/427/EEC F24, 83/575/EEC F25, 87/354/EEC F26, 87/355/EEC F27 and 88/665/EEC F28.

Extent Information

E9This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F18OJ No. L202, 6.9.71, p.32, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

F19OJ No. L239, 25.10.71, p.9 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

F20The Treaty concerning the accession of Norway, Austria, Finland and Sweden, signed 24.06.94.

F21OJ No. L105, 28.4.77, p. 18, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

F22OJ No. L252, 27.8.82, p.10 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

F23OJ No. L202, 6.9.71, p.1, OJ/SE 1971 (II), p 707.

F24OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28-30 Dec., p.71.

F25OJ No. L332, 28.11.83, p.43.

F26OJ No. L192. 11.7.87, p.43.

F27OJ No. L192, 11.7.87, p.46.

F28OJ No. L382, 31.12.88, p.42.

Measuring systems used for deliveries from road tankersU.K.

11.  A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a road tanker—

(a)in respect of which a certificate of approval was granted before 30th October 2006; and

(b)which was first passed as fit before 30th October 2016 for use for trade and stamped under the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983 M34.

Marginal Citations

M34S.I. 1983/1390, as amended by S.I. 1986/1210, S.I. 1994/1851, S.I. 1995/3117, S.I. 2001/85 and S.I. 2003/214.

12.—(1) A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a road tanker—E+W+S

(a)in respect of a which an EEC pattern approval was granted before 30th October 2006; and

(b)which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

(2) For the purposes of paragraph (1)—

(a)a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 M35 or, in the case of any other EEA state, in accordance with the measures in force which implemented—

(i)Council Directive 71/319 EEC M36;

(ii)Council Directive 71/348/EEC M37 as amended by the Treaty of Accession 1994 M38; and

(iii)Council Directive 77/313/EEC M39 as amended by Commission Directive 82/625/EEC M40; and

(b)the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other EEA state in accordance with the measures in force which implemented Council Directive 71316/EEC M41 as amended by Council Directives 72/427/EEC M42, 83/575/EEC M43, 87/354/EEC M44, 87/355/EEC M45 and 88/665/EEC M46.

Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Marginal Citations

M36OJ No. L202, 6.9.71, p.32, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

M37OJ No. L239, 25.10.71, p.9 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

M38The Treaty concerning the accession of Norway, Austria, Finland and Sweden, signed 24.06.94.

M39OJ No. L105, 28.4.77, p. 18, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

M40OJ No. L252, 27.8.82, p.10 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

M41OJ No. L202, 6.9.71, p1, OJ/SE 1971 (II), p 707.

M42OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28-30 Dec., p.71.

M43OJ No. L332, 28.11.83, p.43.

M44OJ No. L192. 11.7.87, p.43.

M45OJ No. L192, 11.7.87, p.46.

M46OJ No. L382, 31.12.88, p.42.

12.—(1) A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a road tanker—N.I.

(a)in respect of a which an EEC pattern approval was granted before 30th October 2006; and

(b)which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

(2) For the purposes of paragraph (1)—

(a)a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 F29 or, in the case of any other [F30relevant] state, in accordance with the measures in force which implemented—

(i)Council Directive 71/319 EEC F31;

(ii)Council Directive 71/348/EEC F32 as amended by the Treaty of Accession 1994 F33; and

(iii)Council Directive 77/313/EEC F34 as amended by Commission Directive 82/625/EEC F35; and

(b)the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other [F30relevant] state in accordance with the measures in force which implemented Council Directive 71316/EEC F36 as amended by Council Directives 72/427/EEC F37, 83/575/EEC F38, 87/354/EEC F39, 87/355/EEC F40 and 88/665/EEC F41.

Extent Information

E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F31OJ No. L202, 6.9.71, p.32, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

F32OJ No. L239, 25.10.71, p.9 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

F33The Treaty concerning the accession of Norway, Austria, Finland and Sweden, signed 24.06.94.

F34OJ No. L105, 28.4.77, p. 18, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

F35OJ No. L252, 27.8.82, p.10 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.

F36OJ No. L202, 6.9.71, p1, OJ/SE 1971 (II), p 707.

F37OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28-30 Dec., p.71.

F38OJ No. L332, 28.11.83, p.43.

F39OJ No. L192. 11.7.87, p.43.

F40OJ No. L192, 11.7.87, p.46.

F41OJ No. L382, 31.12.88, p.42.

TaximetersU.K.

13.  A Taximeter—

(a)in respect of which a certificate of approval was granted before 30th October 2006; and

(b)which was passed as fit for use before 30th October 2016 for the protection of consumers and marked under the Metropolitan Conditions of Fitness M47.

Marginal Citations

M47The Public Carriage Office issued the Construction and Licensing of Motor Taxicabs in London: Conditions of Fitness in 2000. (This document is usually referred to as “the Metropolitan Conditions of Fitness.) The Metropolitan Conditions of Fitness are made under the London Cab Order 1934 (S.I. 1934/1346), article 35. The relevant amending instruments are S.I. 1985/933, 1990/2003 and 2000/1666. S.I. 1934/1346 was made under the Metropolitan Public Carriage Act 1869 (c. 115), section 6. Article 35 of the London Cab Order requires the installation of an approved taximeter. The requirements that must be met by an approved taximeter are set out in the Notice to Owners and Manufacturers of Motor Cabs and Taximeters regarding Taximeters to be used on Taxicabs in the Metropolitan Police District and the City of London, which was issued by the Public Carriage Office in July 1997.

Material measures of lengthU.K.

14.  A material measure of length—

(a)which was first passed as fit for use for trade and stamped before 30th October 2006 under the Measuring Equipment (Measures of Length) Regulations 1986 M48; and

(b)which was placed on the market before 30th October 2016.

Marginal Citations

15.—(1) A material measure of length—U.K.

(a)in respect of which an EEC pattern approval was granted under the Measuring Instruments (EEC Requirements) Regulations 1988 M49

(b)which bears a mark of EEC initial verification or of EEC partial verification, which was affixed before 30th October 2016.

(2) For the purposes of paragraph (1)—

(a)a grant of EEC pattern approval, or the affixing of a mark of EEC initial verification must have been in accordance with the relevant provisions of the Measuring Instruments (EEC Requirements) Regulations 1988 or, in the case of any other member State, in accordance with the relevant provisions of measures in force which implemented Council Directive 73/362/EEC M50 as amended by Council Directive 78/629/EEC M51 and Commission Directive 85/146/EEC M52; and

(b)the affixing of a mark of EEC partial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988, or in the case of any other member State, in accordance with the measures in force which implemented Council Directive 71/316/EEC M53 as amended by Council Directives 72/427/EEC M54, 83/575/EEC M55, 87/354/EEC M56, 87/355/EEC M57 and 88/665/EEC M58.

Marginal Citations

M50OJ No. L335, 5.12.73, p.56 (repealed by Directive 2004/22/EC (OJ No.L135, 30.4.04, p.1).

M51OJNo.L209, 29.7.78, p.8.

M52OJ no.L054, 23.2.85, p29.

M53OJ No. L202, 6.09.71, p.1, OJ/SE 1972 1971 (II) p 707.

M54OJ No. L291, 28.12.72, p156, OJ/SE 1972, 28-30 Dec.,p.71.

M55OJ No. L 332 ,28.11.83, p.43.

M56OJ No. L192, 11.7.87

M57OJ No. L192, 11.7.87, p.46.

M58OJ No L382, 31.12.88, p.42.

Exhaust gas analyserU.K.

16.  An exhaust gas analyser

(a)in respect of which a certificate of approval was granted before 30th October 2006; and

(b)which was first passed as fit for use for the protection of the environment and public health pursuant to the requirements of OIML, R99/ISO 3930 M59 before 30th October 2016.

Marginal Citations

M59OIML, the Organisation International de Métrologie Légal, is an intergovernmental body dedicated to the harmonisation of the national metrology regulations of its members. The OIML R99 standard edition 2000E, was developed by the OIML subcommittee TC16/SC 1, Air pollution.

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Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
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Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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