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The Education (Fees and Awards) (Wales) Regulations 2007

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Version Superseded: 28/01/2021

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Point in time view as at 31/12/2020.

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There are currently no known outstanding effects for the The Education (Fees and Awards) (Wales) Regulations 2007, SCHEDULE. Help about Changes to Legislation

SCHEDULEE+W

1.  For the purposes of this Schedule —E+W

“Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004(1) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

F1...

[F2“EEA EFTA separation agreement” (“cytundeb gwahanu EFTA yr AEE”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]

“EEA frontier self-employed person” (“person hunangyflogedig ffin yr AEE”) means an EEA national who —

(a)

is a self-employed person in the United Kingdom; and

(b)

resides in Switzerland or the territory of an EEA State F3... and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA frontier worker” (“gweithiwr ffin yr AEE”) means an EEA national who—

(a)

is a worker in United Kingdom; and

(b)

resides in Switzerland or the territory of an EEA State F3... and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA migrant worker” (“gweithiwr mudol AEE”) means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” (“gwladolyn o'r AEE”) means a national of an EEA State F3...;

“EEA self-employed person” (“person hunangyflogedig AEE”) means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“EEA State” (“Gwladwriaeth AEE”) means a Member State of the European Economic Area;

“employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Swiss Agreement;

[F2“EU national” (“gwladolyn o’r UE”) means a national of a Member State of the European Union;]

“family member” (“aelod o deulu”) means (unless otherwise indicated) —

(a)

in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person —

(i)

his or her spouse or civil partner;

(ii)

[F4direct descendants of the person or of the person’s spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of the person or the person’s spouse or civil partner; or]

(iii)

dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;

(b)

in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person —

(i)

his or her spouse or civil partner; or

(ii)

his or her child or the child of his or her spouse or civil partner;

(c)

in relation to an [F5EU national] who falls within Article 7(1)(c) of Directive 2004/38 —

(i)

his or her spouse or civil partner; or

(ii)

direct descendants of his or her or of his or her spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or her or of his or her spouse or civil partner;

(d)

in relation to an [F5EU national] who falls within Article 7(1)(b) of Directive 2004/38 —

(i)

his or her spouse or civil partner; or

(ii)

direct descendants of his or her or of his or her spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or her or of his or her spouse or civil partner;

(iii)

dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;

(e)

in relation to a United Kingdom national, for the purposes of paragraph 9 —

(i)

his or her spouse or civil partner; or

(ii)

direct descendants of his or her or of his or her spouse or civil partner who are—

(aa)

under the age of 21; or

(bb)

dependants of his or her or of his or her spouse or civil partner;

[F6“immigration rules” (“rheolau mewnfudo”) means the rules laid before Parliament by the Secretary of State under section 3(2) of the Immigration Act 1971;]

[F6“person granted stateless leave” (“person y rhoddwyd caniatâd iddo aros fel person diwladwriaeth”) means a person who—

(a)

has extant leave to remain as a stateless person under the immigration rules; and

(b)

has been ordinarily resident in the [F7United Kingdom and the Islands] throughout the period since the person was granted such leave;]

[F8“person with leave to enter or remain” (“person sydd â chaniatâd i ddod i mewn neu i aros”) means a person (“P”)—

(a)

who has—

(i)

applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for recognition as a refugee, it is thought right to allow P to enter or remain in the United Kingdom on the grounds of humanitarian protection or discretionary leave, and who has been granted leave to enter or remain accordingly;

(ii)

not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, and who has been granted leave to enter or remain accordingly;

(iia)

[F9been granted leave to remain on the grounds of family life under the immigration rules;]

(iii)

been granted leave to remain on the grounds of private life under the immigration rules; or

(iv)

been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is not considered to qualify for leave to remain on the grounds of private [F10or family] life under the immigration rules, P has been granted leave to remain outside the rules(3) on the grounds of Article 8 of the European Convention on Human Rights;

(b)

whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(c)

who has been ordinarily resident in the [F7United Kingdom and the Islands] throughout the period since P was granted leave to enter or remain;]

[F11“person with section 67 leave to remain” (“person sydd â chaniatâd i aros o dan adran 67”) means a person who—

(a)

has extant leave to remain in the United Kingdom under section 67 of the Immigration Act 2016 and in accordance with the immigration rules; and

(b)

has been ordinarily resident in the United Kingdom and the Islands throughout the period since the person was granted such leave;]

“refugee” (“ffoadur”) means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28 July 1951(2) as extended by the Protocol thereto which entered into force on 4 October 1967(3);

[F2“residence scheme immigration rules” (“rheolau mewnfudo’r cynllun preswylio”) has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]

[F12“right of permanent residence” (“hawl i breswylio’n barhaol”) means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before implementation period completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before implementation period completion day;]

“self-employed person” (“person hunan-gyflogedig”) means—

(a)

in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or

(b)

in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971(4);

“Swiss Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 June 1999(5) and which came into force on 1 June 2002;

[F2“Swiss citizens’ rights agreement” (“cytundeb ar hawliau dinasyddion Swisaidd”) has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]

“Swiss employed person” (“person Swisaidd cyflogedig”) means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” (“person Swisaidd cyflogedig y ffin”) means a Swiss national who—

(a)

is an employed person in the United Kingdom; and

(b)

resides in Switzerland or in the territory of an EEA StateF3... and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss frontier self-employed person” (“person Swisaidd hunangyflogedig y ffin”) means a Swiss national who—

(a)

is a self-employed person in the United Kingdom; and

(b)

resides in Switzerland or in the territory of an EEA State F3... and returns to his or her residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss self-employed person” (“person Swisaidd hunangyflogedig”) means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;

“Turkish worker” (“gweithiwr o Dwrci”) means a Turkish national who—

(a)

is ordinarily resident in the United Kingdom; and

(b)

is, or has been lawfully employed in the United Kingdom;

“worker” (“gweithiwr”) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.

Textual Amendments

F11Words in Sch. para. 1 inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 6(a)

Commencement Information

I1Sch. para. 1 in force at 31.8.2007, see reg. 1(2)

Persons who are settled in the United KingdomE+W

2.—(1) A person who on the first day of the first academic year of the course —

(a)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(b)is ordinarily resident in the United Kingdom;

(c)has been ordinarily resident in the [F7United Kingdom and the Islands] throughout the three-year period preceding the first day of the first academic year of the course; and

(d)subject to sub-paragraph (2), whose residence in the [F7United Kingdom and the Islands] has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the [F7United Kingdom and the Islands] in accordance with regulation 2(4).

Textual Amendments

Commencement Information

I2Sch. para. 2 in force at 31.8.2007, see reg. 1(2)

3.  A person —E+W

[F13(a)who, on the first day of an academic year of the course, either—

(i)is settled in the United Kingdom by virtue of having acquired the right of permanent residence, or

(ii)falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before implementation period completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before implementation period completion day;]

(b)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(c)who has been ordinarily resident in the [F7United Kingdom and the Islands] throughout the three-year period preceding the first day of the first academic year of the course; and

(d)who, in a case where his or her residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F14the United Kingdom,] the [F15European Economic Area, Switzerland and the overseas territories] immediately before the period of ordinary residence referred to in paragraph (c).

Refugees and their family membersE+W

4.—(1) A person —

(a)who is a refugee;

(b)who is ordinarily resident in the [F7United Kingdom and the Islands] and has not ceased to be so resident since he or she was recognised as a refugee; and

(c)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(2) A person —

(a)who is the spouse or civil partner of a refugee;

(b)who was the spouse or civil partner of the refugee on the date on which the refugee made his or her application for asylum;

(c)who is ordinarily resident in the [F7United Kingdom and the Islands] and has not ceased to be so resident since he or she was given leave to remain in the United Kingdom; and

(d)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(3) A person —

(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b)who, on the date on which the refugee made his or her application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(c)who was under 18 on the date on which the refugee made his or her application for asylum;

(d)who is ordinarily resident in the [F7United Kingdom and the Islands] and has not ceased to be so resident since he or she was given leave to remain in the United Kingdom; and

(e)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

Textual Amendments

Commencement Information

I4Sch. para. 4 in force at 31.8.2007, see reg. 1(2)

[F16Persons granted stateless leave and their family membersE+W

4A.(1) A person granted stateless leave who—

(a)is ordinarily resident in [F17the United Kingdom] on the first day of the first academic year of the course; and

(b)has been ordinarily resident in the [F7United Kingdom and the Islands] throughout the three year period preceding the first day of the first academic year of the course.

(2) A person—

(a)who—

(i)is the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)who is ordinarily resident in [F17the United Kingdom] on the first day of the first academic year of the course; and

(c)who has been ordinarily resident in the [F7United Kingdom and the Islands] throughout the three year period preceding the first day of the first academic year of the course.

(3) A person—

(a)who—

(i)is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and

(ii)on the leave application date, was the child of a person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of a person granted stateless leave;

(b)who was under 18 on the leave application date;

(c)who is ordinarily resident in [F17the United Kingdom] on the first day of the first academic year of the course; and

(d)who has been ordinarily resident in the [F7United Kingdom and the Islands] throughout the three year period preceding the first day of the first academic year of the course.

(4) In this paragraph, “leave application date” means the date on which a person granted stateless leave made an application to remain in the United Kingdom as a stateless person under the immigration rules.]

Persons with leave to enter or remain and their family membersE+W

5.—(1) A person—

(a)with leave to enter or remain; and

(b)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(2) A person—

(a)who is the spouse or civil partner of a person with leave to enter or remain;

[F18(b)who was the spouse or civil partner of the person with leave to enter or remain on the leave application date; and]

(c)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

(3) A person—

(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

[F19(b)who, on the leave application date, was the child of the person with leave to enter or remain or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;]

[F20(c)who was under 18 on the leave application date; and]

(d)who is ordinarily resident in the United Kingdom on the first day of the first academic year of the course.

[F21(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain made the application that led to that person being granted leave to enter or remain in the United Kingdom.]

[F22Persons with section 67 leave to remainE+W

5A.(1) A person who—

(a)is a person with section 67 leave to remain;

(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person who—

(a)is the child of a person with section 67 leave to remain;

(b)on the leave application date was under 18 years old and was the child of the person with section 67 leave to remain;

(c)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(d)has been ordinarily resident in the United Kingdom and the Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) In this paragraph—

“leave application date” means the date on which the person with section 67 leave to remain made the application that led to that person being granted leave to remain in the United Kingdom.]

Textual Amendments

F22Sch. para. 5A inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 6(c)

Workers, employed persons, self-employed persons and their family membersE+W

[F236.(1) A person who—

(a)is—

(i)an EEA migrant worker or an EEA self-employed person;

(ii)a Swiss employed person or a Swiss self-employed person;

(iii)a family member of a person mentioned in paragraph (i) or (ii);

(iv)an EEA frontier worker or an EEA frontier self-employed person;

(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi)a family member of a person mentioned in paragraph (iv) or (v);

(b)subject to sub-paragraph (2), is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising [F24the United Kingdom,] the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person falls within paragraph (a)(iv), (v) or (vi) of that sub-paragraph.]

7.[F25(1)]  A person who—E+W

(a)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(b)has been ordinarily resident in the territory comprising [F26the United Kingdom,] the [F27European Economic Area, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course; and

(c)is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(6), as extended by the EEA Agreement(7).

[F28(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.]

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereE+W

8.—(1) A person who—

(a)is settled in the United Kingdom;

(b)left the United Kingdom and exercised a right of residence [F29before implementation period completion day] after having been settled in the United Kingdom;

(c)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(d)has been ordinarily resident in the territory comprising [F30the United Kingdom,] the [F31European Economic Area, Switzerland and the overseas territories] throughout the three-year period preceding the first day of the first academic year of the course; and

(e)in a case where his or her ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full time education, was ordinarily resident in the territory comprising [F32the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d) .

(2) For the purposes of this paragraph, a person has exercised a right of residence if he or she is a United Kingdom national, a family member of a United Kingdom National for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who [F33had the right] of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and [F33had the right] of permanent residence, if he or she [F34has gone] to the state within the territory comprising the European Economic Area and Switzerland of which he or she is a national or of which the person in relation to whom he or she is a family member is a national .

[F35(3) For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]

[F36EU nationals] E+W

9.—(1) A person who —

(a)is either —

(i)an [F37EU national] on the first day of [F38an academic year] of the course; or

(ii)a family member of a such a person;

(b)is undertaking the course in the United Kingdom;

[F39(c)[F40subject to sub-paragraph (1A),] has been ordinarily resident in the territory comprising [F41the United Kingdom,] the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and]

F42(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)subject to sub-paragraph (2), whose ordinary residence in the relevant territory has not during any part of the period referred to in [F43paragraph (c )] been wholly or mainly for the purpose of receiving full-time education.

[F44(1A) Paragraph (c) of sub-paragraph (1) does not apply to a family member of a person who—

(a)is—

(i)a United Kingdom national who has exercised a right to reside in the territory of a Member State under Article 7(1) of Directive 2004/38; or

(ii)an EU national; and

(b)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.]

(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the relevant territory in accordance with regulation 2(4).

[F45(3) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.]

Textual Amendments

Commencement Information

I9Sch. para. 9 in force at 31.8.2007, see reg. 1(2)

10.—(1) A person who—E+W

(a)is [F46an EU national] on the first day of the first academic year of the course;

(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(c)has been ordinarily resident in the [F7United Kingdom and the Islands] throughout the three-year period immediately preceding the first day of the first academic year of the course; and

(d)in a case where his or her ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F47the United Kingdom,] the [F48European Economic Area, Switzerland and the overseas territories] immediately before the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the [F49European Union] after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be [F50an EU national] on the first day of the first academic year of the course is treated as being satisfied.

Children of Swiss nationalsE+W

[F5111.(1) A person who—

(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of Article 3(6) of Annex 1 to the Swiss Agreement;

(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course;

(c)has been ordinarily resident in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course; and

(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

(2) Any description of person who would have fallen within this paragraph immediately before implementation period completion day is to be treated as falling within this paragraph on and after implementation period completion day.]

Textual Amendments

Commencement Information

I11Sch. para. 11 in force at 31.8.2007, see reg. 1(2)

Children of Turkish workersE+W

12.  A person who—

(a)is the child of a Turkish worker;

(b)is ordinarily resident in the United Kingdom on the first day of the first academic year of the course; and

(c)has been ordinarily resident in the territory comprising [F52the United Kingdom,] the [F53European Economic Area, Switzerland, Turkey and the overseas territories] throughout the three year period preceding the first day of the first academic year of the course.

(1)

OJ L158, 30.4.2004, p.77-123.

(2)

Cmnd. 9171.

(3)

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

(4)

1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61).

(5)

Cm. 4904.

(6)

OJ No. L257, 19.10.1968, p.2 (OJ/SE 1968 (II) p.475).

(7)

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 — Cm 2073, as adjusted by the Protocol signed at Brussels on 17 March 1993, Cm 2183.

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