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Apprenticeships, Skills, Children and Learning Act 2009

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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Apprenticeships, Skills, Children and Learning Act 2009, Chapter 1 is up to date with all changes known to be in force on or before 25 December 2024. 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Commencement Orders yet to be applied to the Apprenticeships, Skills, Children and Learning Act 2009

Commencement Orders bringing provisions within this Act into force:

Chapter 1E+W[F1Apprenticeships and adult education and training]

Textual Amendments

F1Pt. 4 Ch. 1 title substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 31(b)

F2...E+W

Textual Amendments

F2S. 81 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 2

F281The Chief Executive of Skills FundingE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3...E+W

Textual Amendments

F3S. 82 and preceding crossheading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 3

F382Apprenticeship functionsE+W

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Apprenticeship training for persons aged 16 to 18 and certain young adultsE+W

83[F4Power to secure provision of apprenticeship training]E+W

(1)The [F5Secretary of State] may secure the provision of facilities for suitable apprenticeship training for persons—

(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over but under 25 and [F6for whom an EHC plan is maintained] .

(2)In deciding for the purposes of subsection (1) whether apprenticeship training is suitable for persons for whom facilities are provided, the [F5Secretary of State] must have regard (in particular) to—

(a)the persons' ages, abilities and aptitudes,

(b)any [F7special educational needs] the persons may have,

(c)the quality of the training,

(d)the locations and times at which the training is provided.

(3)In exercising the power conferred by subsection (1), the [F5Secretary of State] must have regard (in particular) to the desirability of—

(a)encouraging diversity of apprenticeship training available to persons;

(b)increasing opportunities for persons to exercise choice;

(c)enabling persons to whom Part 1 of the Education and Skills Act 2008 (c. 25) applies to fulfil the duty imposed by section 2 of that Act (duty to participate in education or training).

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this Part “apprenticeship training” means training provided in connection with—

[F9(a)an approved English apprenticeship, or

(b)any contract of service (other than an approved English apprenticeship agreement) or contract of apprenticeship.]

Textual Amendments

F4S. 83 heading substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 5; S.I. 2012/1087, art. 3

F5Words in s. 83(1)-(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 4

F9S. 83(5)(a)(b) substituted for s. 83(5)(a)-(c) (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 17; S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

Commencement Information

I1S. 83 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

[F1083AThe apprenticeship offerE+W

(1)The [F11Secretary of State] must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who—

(a)are within subsection (4), (5) or (6), and

(b)have an apprenticeship opportunity.

This is subject to section 83B (limit on scope of apprenticeship offer).

(2)The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”.

(3)An apprenticeship opportunity is an [F12opportunity to enter into an approved English apprenticeship.]

(4)A person within this subsection is one who is over compulsory school age but under 19.

(5)A person within this subsection is one who is not within subsection (4) and—

(a)is a person aged under [F1325] towards whom a local authority in England has the duties provided for in section 23C [F14or 23CZB] of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or

(b)is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section).

(6)A person within this subsection is one who—

(a)is not within subsection (4), and

(b)is of a prescribed description.

(7)If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25.

(8)Facilities are proper if they are—

(a)of a quantity sufficient to meet the reasonable needs of individuals, and

(b)of a quality adequate to meet those needs.

(9)Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which [F15Secretary of State] must have regard) apply for the purposes of the apprenticeship offer.

F16(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies.

Textual Amendments

F10Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

F11Words in s. 83A(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)

F12Words in s. 83A(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 18(a); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F15Words in s. 83A(9) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(2)

F16S. 83A(10) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 5(3)

83BLimit on scope of the apprenticeship offerE+W

(1)The [F18Secretary of State] is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training [F19for the purpose of assisting a person to achieve a particular approved apprenticeship standard if the person—

(a)has already completed an approved English apprenticeship by achieving that standard,

(b)has already completed an approved English apprenticeship by achieving another standard and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work), or

(c)has worked under another arrangement and, in doing so, appears to the Secretary of State to have demonstrated a comparable level of achievement (whether or not in the same sector of work).]

[F20(1A)Section A1(6) and (7) (which make provision about when a person completes an approved English apprenticeship and about the meaning of “approved apprenticeship standard”) apply for the purposes of subsection (1).]

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F10Ss. 83A, 83B inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 69(2), 82(3); S.I. 2012/1087, art. 3

F18Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 6

F19Words in s. 83B(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(2); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F21Ss. 83B(2)-(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 1 para. 19(4); S.I. 2015/994, art. 6(a) (with Sch. Pt. 2)

F2384Arrangements and co-operation with [F22local authorities]E+W

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Textual Amendments

F23S. 84 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 7

F2585 [F24Provision of apprenticeship training etc for persons within section 83 or 83A] E+W

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Textual Amendments

F24S. 85 heading substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 70(2)(d), 82(3); S.I. 2012/1087, art. 3

F25S. 85 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 8

Education and training for persons aged 19 or over etc.E+W

86Education and training for persons aged 19 or over and others subject to adult detentionE+W

(1)[F26The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate] for—

(a)education suitable to the requirements of persons who are aged 19 or over, other than persons aged under 25 [F27for whom an EHC plan is maintained],

(b)education suitable to the requirements of persons who are subject to adult detention, and

(c)training suitable to the requirements of persons within paragraphs (a) and (b).

(2)This section does not apply to the provision of facilities to the extent that section [F2883A or] 87 applies to the provision of those facilities.

F29(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section a reference to the provision of facilities for education or training (except so far as relating to facilities for persons subject to adult detention) includes a reference to the provision of facilities for organised leisure-time occupation in connection with education or (as the case may be) training.

(6)For the purposes of this section—

  • “education” includes full-time and part-time education;

  • “training” includes—

    (a)

    full-time and part-time training;

    (b)

    vocational, social, physical and recreational training;

    (c)

    apprenticeship training.

(7)In this Part, “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreational activities as are suited to the requirements of persons who fall within subsection (1)(a) or (b), for any such persons who are able and willing to profit by facilities provided for that purpose.

F31(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Words in s. 86(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(2)

F28Words in s. 86(2) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 18 para. 7; S.I. 2012/1087, art. 3

F29S. 86(3) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

F30S. 86(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

F31S. 86(8) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 9(3)

Modifications etc. (not altering text)

C18S. 86: transfer of functions (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 6(1)(a)(2)(3) (with art. 8)

Commencement Information

I2S. 86 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

87Learning aims for persons aged 19 or over: provision of facilitiesE+W

(1)[F32The Secretary of State must secure the provision of such facilities as the Secretary of State considers appropriate] for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

(2)Relevant education or training is education or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 5 applies.

(3)The persons falling within this subsection are persons who—

(a)are aged 19 or over, and are not persons aged under 25 [F33for whom an EHC plan is maintained],

(b)do not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F34Secretary of State] to be at a comparable or higher level, and

(c)satisfy such conditions as may be specified in regulations.

F35(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of this section—

  • “education” includes full-time and part-time education;

  • “training” includes full-time and part-time training.

Textual Amendments

F32Words in s. 87(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(2)

F34Words in s. 87(3)(b) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(3)

F35S. 87(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)

F36S. 87(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 10(4)

Modifications etc. (not altering text)

C29S. 87: transfer of functions (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 6(1)(b)(2)(3) (with art. 8)

Commencement Information

I3S. 87 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

88Learning aims for persons aged 19 or over: payment of tuition feesE+W

(1)Functions under this Part must be exercised by the [F37Secretary of State] so as to secure that a course of study for a qualification to which [F38paragraph [F391(a), (b) or (ba)]] of Schedule 5 applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

(2)A person falls within this subsection if, at the time of starting the course in question, the person—

(a)is aged 19 or over,

(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F40Secretary of State] to be at a comparable or higher level, and

(c)satisfies such conditions as may be specified in regulations.

[F41(2A)Functions under this Part must be exercised by the [F42Secretary of State] so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.]

(3)Functions under this Part must be exercised by the [F43Secretary of State] so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 86.

(4)A person falls within this subsection if, at the time of starting the course in question, the person—

(a)is aged at least 19 but less than [F4424 ],

(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the [F45Secretary of State] to be at a comparable or higher level, and

(c)satisfies such conditions as may be specified in regulations.

(5)The Secretary of State may by order—

(a)amend subsection (2)(a) by substituting a different age for the age for the time being referred to;

(b)amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.

(6)For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—

(a)the [F46Secretary of State], or

(b)a body specified by order by the Secretary of State for the purposes of this section.

(7)In subsection (6) “tuition fees”, in relation to a course, means—

(a)the fees charged in respect of the course by the person providing it, and

(b)such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations.

Textual Amendments

F37Words in s. 88(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F38Words in s. 88(1) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 73(2)(a), 82(3); S.I. 2012/1087, art. 2

F39Words in s. 88(1) substituted (1.8.2020) by Digital Economy Act 2017 (c. 30), ss. 114(2), 118(6); S.I. 2020/70, reg. 2

F40Words in s. 88(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F42Words in s. 88(2A) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F43Words in s. 88(3) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F44Word in s. 88(4)(a) substituted (1.8.2012 for specified purposes, 1.8.2013 in so far as not already in force) by Education Act 2011 (c. 21), ss. 73(2)(c), 82(3); S.I. 2012/1087, art. 2; S.I. 2012/2213, art. 4

F45Words in s. 88(4) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

F46Words in s. 88(6)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 11

Modifications etc. (not altering text)

C39S. 88: transfer of functions (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 6(1)(c)(2)(3) (with art. 8)

Commencement Information

I4S. 88 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

89Sections 87 and 88: supplementaryE+W

(1)Regulations may make provision as to circumstances in which—

(a)despite having a specified qualification, a person is to be treated for the purposes of section 87 or 88 as not having that qualification;

(b)despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

(2)A condition specified in regulations under section 87 or 88 may, in particular, relate to—

(a)the possession, or lack, of a specified qualification;

(b)the completion of, or failure to complete, a course for a specified qualification.

(3)A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.

(4)Regulations under this section, or under section 87 or 88, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.

(5)Nothing in section 87 or 88 applies to the provision of facilities, or to courses of study, for persons subject to adult detention.

(6)Part 2 of Schedule 5 makes further provision for the purposes of sections 87 and 88.

Commencement Information

I5S. 89 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

90Encouragement of education and training for persons aged 19 or over and others subject to adult detentionE+W

(1)The [F47Secretary of State] must—

(a)encourage participation by persons within section 86(1)(a) and (b) in education and training within the [F48Secretary of State's remit under this Part];

(b)encourage employers to participate in the provision of education and training within the [F48Secretary of State's remit under this Part] for persons within section 86(1)(a);

(c)encourage employers to contribute to the costs of education and training within the [F48Secretary of State's remit under this Part] for such persons.

(2)For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

[F49(a)an approved English apprenticeship, or

(b)any contract of employment (other than an approved English apprenticeship agreement) in connection with which training is provided.]

Textual Amendments

F47Words in s. 90(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 12(a)

F48Words in s. 90(1) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 12(b)

Modifications etc. (not altering text)

C44S. 90 functions made exercisable concurrently (6.11.2018) by The West of England Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1143), arts. 1(1), 4 (with arts. 1(2), 5)

C50S. 90 functions made exercisable concurrently (6.11.2018) by The West Midlands Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1144), arts. 1(1), 4 (with arts. 1(2), 5)

C52S. 90 functions made exercisable concurrently (6.11.2018) by The Tees Valley Combined Authority (Adult Education Functions) Order 2018 (S.I. 2018/1145), arts. 1(1), 4 (with arts. 1(2), 5)

C57S. 90: functions made exercisable concurrently (E.) (with application in accordance with art. 1(5)(6) of the amending S.I.) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 7(1)(a)(2)(3) (with art. 8)

C60S. 90: functions made exercisable concurrently (E.) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 30 (with art. 9)

Commencement Information

I6S. 90 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Prospective

The apprenticeship offerE+W

F5091Duty to secure availability of apprenticeship placesE+W

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Textual Amendments

F5092Election for apprenticeship offerE+W

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Textual Amendments

F5093Meaning of “apprenticeship place”E+W

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Textual Amendments

F5094Suitability and availability of apprenticeship places: further provisionE+W

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Textual Amendments

F5095Apprenticeship offer requirementsE+W

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Textual Amendments

F5096Apprenticeship offer requirements: interpretationE+W

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Textual Amendments

F5097Suspension of offerE+W

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Textual Amendments

F5098Power to amend apprenticeship offerE+W

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Textual Amendments

F5099Apprenticeship offer: interpretationE+W

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Textual Amendments

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Explanatory Notes

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Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

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