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The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020

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Changes over time for: PART 3

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Version Superseded: 08/03/2021

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Point in time view as at 20/01/2021.

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There are currently no known outstanding effects for the The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, PART 3. Help about Changes to Legislation

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[F1PART 3E+WClosure of, and restrictions on, businesses

Textual Amendments

Requirement to close premises and businessesE+W

10.—(1) A person responsible for carrying on a restricted business, or providing a restricted service, in the Tier 4 area must cease to carry on that business or provide that service.

(2) Where a restricted business or restricted service forms, or is provided as, part of a larger business and that larger business is not itself a restricted business, the person responsible for carrying on the larger business complies with the requirement in sub-paragraph (1) by closing the restricted business or by ceasing to provide the restricted service.

(3) The requirement in sub-paragraph (1) is subject to the exceptions in paragraph 12.

(4) In this paragraph “restricted business” and “restricted service” means a business or service which—

(a)is of a kind specified in paragraph 15(2) or (7), or

(b)is carried on from, or provided at, premises of a kind specified in paragraph 15(2) or (7).

(5) For the purposes of this Part of this Schedule, premises are in the Tier 4 area if any part of the premises is in the Tier 4 area.

Restrictions on service of food and drink for consumption on the premisesE+W

11.—(1) A person responsible for carrying on a restricted business, or providing a restricted service in the Tier 4 area, must—

(a)close any premises, or part of the premises, in which food or drink are provided for consumption on those premises, and

(b)cease providing food or drink for consumption on its premises.

(2) The requirement in sub-paragraph (1) is subject to the exceptions in paragraphs 12 and 13.

(3) For the purposes of sub-paragraph (1)(a), food or drink provided by a hotel or other accommodation as part of room service is not to be treated as being provided for consumption on its premises.

(4) For the purposes of sub-paragraph (1), references to food or drink being for consumption on premises include references to consumption on an area adjacent to the premises of the restricted business or restricted service—

(a)where seating is made available for its customers (whether or not by the business or the provider of the service), or

(b)which its customers habitually use for consumption of food or drink served by the business or service.

(5) Sub-paragraph (4) does not apply where the restricted business or restricted service is situated or provided—

(a)at a motorway service area, or

(b)within a part of—

(i)an airport or maritime port, or

(ii)the international rail terminal area within the vicinity of Cheriton, Folkestone (as referred to in section 1(7)(b) of the Channel Tunnel Act 1987),

and that part of the airport, maritime port or terminal area is accessible to passengers, crew or other authorised persons but not to members of the general public.

(6) Where a restricted business or restricted service forms, or is provided as, part of a larger business and that larger business is not itself a restricted business, the person responsible for carrying on the larger business complies with the requirement in sub-paragraph (1) by closing the restricted business or by ceasing to provide the restricted service.

(7) In this paragraph, “restricted business” and “restricted service” means a business or service which—

(a)is of a kind specified in paragraph 15(6), or

(b)is carried on from, or provided at, premises of a kind specified in paragraph 15(6).

Exceptions to paragraphs 10 and 11E+W

12.—(1) Paragraphs 10(1) and 11(1) do not prevent the use of—

(a)any premises used for a restricted business or restricted service—

(i)to provide essential voluntary services or urgent public support services, including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency;

(ii)for the purposes of voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum which is held—

(aa)in accordance with provision made by or under an Act, or

(bb)in accordance with the laws or regulations of a country or territory outside the United Kingdom, but in respect of which arrangements are made by a consular post or diplomatic mission in the United Kingdom for persons eligible to vote in that election or referendum to vote in the United Kingdom;

(b)any premises used for the making of a film, television programme, audio programme or audio-visual advertisement;

(c)facilities for training [F2or competition] by elite sportspersons including [F3indoor or outdoor gyms,] fitness studios, skating rinks, snooker and pool halls [F4, indoor or outdoor sports facilities and sports grounds];

(d)F5... fitness and dance studios, and skating rinks by professional dancers and choreographers (and for this purpose a person is a professional dancer or choreographer if the person derives their living from dance or from choreographing dance);

(e)[F6indoor or outdoor gyms,] fitness studios, [F7skating rinks,] indoor sports facilities and other indoor leisure centres [F8, and outdoor sports facilities and sports grounds] for [F9childcare provided by a person registered under Part 3 of the Childcare Act 2006 or for supervised activities for children or other persons who were under the age of 18 on 31st August 2020], or for persons who have a disability and who are not elite sportspersons to take part in any fitness related activity;

(f)[F10indoor or outdoor gyms], fitness studios, [F11skating rinks,] [F12outdoor and] indoor swimming pools, indoor sports facilities and other indoor leisure centres [F13, and outdoor sports facilities and sports grounds]—

(i)by schools or providers for post-16 education or training (as defined in paragraph 1(8)(e) of Schedule 17 to the Coronavirus Act 2020),

(ii)in facilities in criminal justice accommodation, immigration detention accommodation or an establishment intended for use by Her Majesty’s armed forces or for the purposes of the Department of the Secretary of State responsible for defence;

(g)theatres and concert halls for—

(i)education and training of a kind mentioned in paragraph 6(3),

(ii)rehearsal, or

(iii)performance without an audience for broadcast or recording purposes;

(h)theatres, conference centres and exhibition halls for use, at the request of the Secretary of State in connection with a government programme responding to the incidence and spread of coronavirus in England;

[F14(i)F15... riding centres, for the purposes of any of the activities referred to in paragraph 2(15);

(j)tanning, nail, beauty or hair salons, barbers, spas, massage parlours, tattoo and piercing parlours, so far as used for the purposes of providing any of the services listed in paragraph 17(o);]

[F16(k)outdoor sports facilities for outdoor sports gatherings permitted under paragraph 8.]

(2) Paragraph 10(1) does not prevent a person responsible for carrying on a restricted business or providing a restricted service (“the closed business”) from—

(a)carrying on a business which is not a restricted business, or providing services which are not restricted services—

(i)in premises which are separate from the premises used for the closed business,

(ii)by making deliveries or otherwise providing services in response to orders received—

(aa)through a website, or otherwise by online communication,

(bb)by telephone, including orders by text message, or

(cc)by post, or

(iii)to a purchaser who collects goods that have been pre-ordered by a means mentioned in sub-paragraph (ii), provided the purchaser does not enter inside the premises to do so, or

(b)operating a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the premises used for the closed business.

(3) For the purposes of sub-paragraph (2), a premises, café or restaurant (“PCR”) is separate from premises used for the closed business if—

(a)the PCR is in a self-contained unit, and

(b)it is possible for a member of the public to enter the PCR from a place outside the premises used for the closed business.

Textual Amendments

Exceptions to paragraph 11E+W

13.—(1) Paragraph 11(1) does not prevent the person responsible for carrying on a restricted business, or providing a restricted service, of a kind specified in paragraph 15(6)—

(a)from selling food or drink [F17(but not alcohol)] for consumption off the premises between the hours of 05:00 and 23:00;

(b)from selling food or drink [F18(but not alcohol)] for consumption off the premises between the hours of 23:00 and 05:00 by a method of sale permitted by sub-paragraph (2);

[F19(c)from selling alcohol by a method of sale permitted by sub-paragraph (2)(a).]

(2) The methods of sale permitted under this sub-paragraph are—

(a)making deliveries in response to orders received—

(i)through a website, or otherwise by online communication,

(ii)by telephone, including orders by text message, or

(iii)by post,

(b)providing food or drink to a purchaser who collects the food or drink that has been pre-ordered by a means mentioned in paragraph (a), provided the purchaser does not enter inside the premises to do so, or

(c)providing food or drink to a purchaser who collects the food or drink in a vehicle, and to whom the food or drink is passed without the purchaser or any other person leaving the vehicle.

(3) Paragraph 11(1) does not prevent the person responsible for carrying on a restricted business, or providing a restricted service, of a kind specified in paragraph 15(6)(a) to (e) from carrying on that business, or providing that service, if—

(a)the business or service is carried on or provided in an aircraft, train or vessel,

(b)the aircraft, train or vessel is providing a public transport service, and

(c)alcohol is not served in the carrying on of the business, or the provision of the service, concerned (subject to sub-paragraph (4)(b)).

(4) In sub-paragraph (3)—

(a)“public transport service” has the meaning given by regulation 2(2) of the Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020, but for these purposes does not include a service provided primarily for dining or other recreational purposes;

(b)paragraph (c) does not apply in respect of the service of alcohol to persons who are seated on an aircraft.

(5) Paragraph 11(1) does not prevent the person responsible for carrying on a restricted business, or providing a restricted services of a kind specified in paragraph 15(6)(a) to (e) from selling food or drink for consumption off the premises if—

(a)the business or service is carried on or provided within—

(i)a motorway service area,

(ii)a part of—

(aa)any airport or maritime port, or

(bb)the international rail terminal within the vicinity of Cheriton, Folkestone (as referred to in section 1(7)(b) of the Channel Tunnel Act 1987),

(b)in the case of a business or service falling within paragraph (a)(ii), that part of the airport, maritime port or terminal area is accessible to passenger, crew or other authorised persons but not to members of the general public, and

(c)alcohol is not served [F20at any time] in the carrying on of the business, or the provision of the service, concerned.

(6) Where a restricted business or restricted service of a kind specified in paragraph 15(6)(a) or (b) is carried on or provided as part of an extra care housing scheme, paragraph 11(1) does not prevent the person responsible for carrying on that business, or providing that service, from providing food or drink for consumption on the premises by a relevant person where it is reasonably necessary to do so for the purpose of safeguarding the mental or physical health of the relevant person.

(7) For the purposes of sub-paragraph (6) and this sub-paragraph—

(a)“extra care housing scheme” means a scheme—

(i)that provides accommodation intended for occupation by adults with needs for care and support (“designated extra care accommodation”), and

(ii)with an on-site care service;

(b)“relevant person” means, in relation to a business or service carried on or provided as part of an extra care housing scheme or for use by residents of an extra care housing scheme, a resident of the designated extra care accommodation;

(c)“on-site care service” means regulated personal or nursing care provided to residents as part of the scheme by—

(i)the extra care housing scheme provider, or

(ii)another registered care provider who maintains an on-site presence in accordance with an agreement with either or both of the extra care housing scheme provider or the local social services authority in which the scheme is situated;

(d)“registered care provider” means a person registered as a service provider in respect of regulated personal or nursing care in accordance with Chapter 2 of Part 1 of the Health and Social Care Act 2008;

(e)“local social services authority” means the council of a non-metropolitan county, of a county borough or of a metropolitan district or London borough, or the Common Council of the City of London.

(8) For the purposes of sections 172F to 172J of the Licensing Act 2003, where a restricted business or restricted service is carried on from, or provided at, licenced premises, the premises are to be treated as open for the purposes of selling alcohol at any time when the premises licence for those premises would, but for paragraph 11(1), authorise the sale by retail of alcohol for consumption on the premises.

Textual Amendments

Closure of holiday accommodationE+W

14.—(1) Subject to sub-paragraph (2), a person responsible for carrying on a business consisting of the provision of holiday accommodation situated in the Tier 4 area, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, canal boat or any other vessel, must cease to carry on that business.

(2) A person referred to in sub-paragraph (1) may continue to carry on their business and keep any premises used in that business open—

(a)to provide accommodation for any person who—

(i)is unable to return to their main residence;

(ii)uses that accommodation as their main residence;

(iii)needs accommodation for the purposes of a house move;

(iv)needs accommodation to attend a funeral or following a bereavement of a close family member or friend;

(v)needs accommodation to attend a commemorative event to celebrate the life of a person who has died;

(vi)needs accommodation to attend a medical appointment, or to receive treatment;

[F21(via)needs accommodation for the purposes of access to, and contact between, parents and a child where the child does not live in the same household as their parents or one of their parents;]

(vii)is a carer of a vulnerable person or a person who has a disability and needs respite;

(viii)is isolating themselves from others as required by law;

(ix)is an elite athlete or the coach of an elite athlete and needs accommodation for the purposes of training or competition or, where an elite athlete is a child, their parent;

(x)needs accommodation to visit a person who is dying;

(b)to provide accommodation for any person who needs accommodation for the purposes of their work or to provide voluntary or charitable services,

(c)to provide accommodation for any person who needs accommodation for the purposes of education or training of a kind mentioned in paragraph 6(3) or, where that person is a child, their parent,

(d)to provide accommodation for the purposes of a women’s refuge or a vulnerable person’s refuge,

(e)to provide accommodation or support services for the homeless,

(f)to provide accommodation for any person who was staying in that accommodation immediately before the time when the area in which the accommodation is located became part of the Tier 4 area,

(g)to provide accommodation for any person who is staying in that accommodation in order to provide care or assistance to a vulnerable person or a person who has a disability who is staying in the same accommodation,

(h)to host blood donation sessions or food banks, or

(i)for any purpose requested by the Secretary of State or a local authority.

(3) Sub-paragraph (1) does not prevent the use of any accommodation for the purposes of voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum which is held—

(a)in accordance with provision made by or under an Act, or

(b)in accordance with the laws or regulations of another country or territory, but in respect of which arrangements are made by a consular post or diplomatic mission in the United Kingdom for persons eligible to vote in that election or referendum to vote in the United Kingdom.

Textual Amendments

Restricted businesses and services for purposes of Part 3 of this ScheduleE+W

15.—(1) The restricted businesses and restricted services for the purposes of this Part of this Schedule are those falling within sub-paragraph (2), (6) or (7).

(2) The following businesses and services fall within this sub-paragraph—

(a)nightclubs;

(b)dance halls;

(c)discotheques;

(d)any other venue (not falling within paragraph (b) or (c)) which—

(i)opens at night,

(ii)has a dance floor or other space for dancing by members of the public (and for these purposes members of the venue in question are to be considered members of the public), and

(iii)provides music, whether live or recorded, for dancing;

(e)sexual entertainment venues;

(f)hostess bars;

(g)any business which provides, whether for payment or otherwise—

(i)a waterpipe to be used for the consumption of tobacco or any other substance on the premises, or

(ii)a device to be used for the recreational inhalation of nicotine or any other substance on the premises.

(3) A business or service does not fall within sub-paragraph (2)(b), (c) or (d) if it ceases to provide music and dancing.

(4) In sub-paragraph (2)(e) “sexual entertainment venue” has the meaning given in paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982.

(5) In sub-paragraph (2)(f) “hostess bar” has the meaning given by paragraph 3B of that Schedule.

(6) The following businesses and services fall within this sub-paragraph—

(a)restaurants, including restaurants and dining rooms in hotels or members’ clubs;

(b)cafes, including workplace canteens, but not including—

(i)cafes or canteens at a hospital, care home, school, [F22provider of post-16 education or training (as defined in paragraph 1(8) of Schedule 17 to the Coronavirus Act 2020) or educational accommodation for students attending higher education courses,]

(ii)canteens at criminal justice accommodation, immigration detention accommodation or an establishment intended for use by Her Majesty’s armed forces or for the purposes of the Department of the Secretary of State responsible for defence,

(iii)cafes or canteens at a higher education provider, where there is no practical alternative for staff and students at that institution to obtain food or drink and alcohol is not served for consumption on the premises,

(iv)workplace canteens, where there is no practical alternative for staff at that workplace to obtain food or drink and alcohol is not served for consumption on the premises, or

(v)services providing food or drink to the homeless;

(c)bars, including bars in hotels or members’ clubs;

(d)public houses;

(e)businesses providing food or drink prepared on the premises for immediate consumption off the premises, but not including—

(i)supermarkets,

(ii)convenience stores, corner shops and newsagents,

(iii)pharmacists and chemists, or

(iv)petrol stations;

(f)social clubs.

(7) The following businesses and services fall within this sub-paragraph—

(a)the following indoor facilities—

(i)dance studios,

(ii)fitness studios,

(iii)gyms,

(iv)sports courts,

(v)swimming pools,

(vi)playgrounds,

(vii)soft play centres or soft play areas,

(vi)other indoor leisure centres or facilities, including indoor games, recreation and entertainment venues;

(b)casinos;

(c)bingo halls;

(d)bowling alleys;

(e)F23... riding centres;

(f)amusement arcades, including adult gaming centres;

(g)cinemas;

(h)theatres;

(i)concert halls;

(j)skating rinks;

(k)circuses;

(l)water parks and aqua parks;

(m)theme parks, fairgrounds and funfairs;

(n)adventure parks and activities;

[F24(o)aquariums and zoos, including safari parks;

(p)animal attractions at farms, wildlife centres and any other place where animals are exhibited to the public as an attraction;]

(q)model villages;

(r)kitchen, bathroom, tile and glazing showrooms;

(s)museums and galleries;

(t)indoor attractions at visitor attractions such as—

(i)sculpture parks,

(ii)landmarks, including observation wheels or viewing platforms,

(iii)botanical or other gardens, biomes or greenhouses,

(iv)stately or historic homes, castles or other heritage sites;

F25(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(u)visitor attractions at film studios;

(v)conference centres and exhibition halls, so far as they are used to host conferences, exhibitions, trade shows, private dining events or banquets, other than conferences, trade shows or events which are attended only by employees of the person who owns or is responsible for running the conference centre or exhibition hall;

(w)betting shops;

(x)spas;

(y)tanning salons;

(z)nail salons, beauty salons, hair salons and barbers;

(aa)massage parlours;

(bb)tattoo and piercing parlours;

(cc)carpet stores;

(dd)showrooms and other premises, including outdoor areas, used for the sale or hire of caravans, boats or any vehicle which can be propelled by mechanical means;

(ee)car washes (except for automatic car washes);

(ff)auction houses (except for auctions of livestock or agricultural equipment);

(gg)F26... markets (except for livestock markets, stalls selling food and any other retailer listed in paragraph 17);

[F27(hh)outdoor sportsgrounds and facilities, including outdoor gyms, sports courts, swimming pools, water sports, shooting and archery venues, golf courses, and driving ranges;

(ii)retail travel agents.]

(8) For the purposes of sub-paragraph (7)(t), an “indoor attraction” means those parts of a venue, including visitor centres but not including toilets for visitors, which—

(a)would be considered to be enclosed or substantially enclosed for the purposes of section 2 of the Health Act 2006 under the Smoke-free (Premises and Enforcement) Regulations 2006, and

(b)are in normal times open for members of the public to visit for the purposes of recreation, whether or not for payment.

(9) For the purposes of sub-paragraph (7)(v), a “trade show” is an event held to bring together members of a particular industry to display, demonstrate and discuss their latest products or services with members of the public or other members of the industry.

(10) For the purposes of sub-paragraph (7)(ff) [F28and (gg)] “livestock” means—

(a)any animal which is kept—

(i)for the provision of food, wool, skins or fur,

(ii)to be used in carrying on any agricultural activity, and

(b)horses.

Textual Amendments

Further restrictions on businessesE+W

16.—(1) A person responsible for carrying on a business in the Tier 4 area of offering goods for sale or for hire in a shop, or providing library services, other than a business listed in paragraph 17 must—

(a)cease to carry on that business or provide that service except—

(i)by making deliveries or otherwise providing services in response to orders received—

(aa)through a website, or otherwise by on-line communication,

(bb)by telephone, including orders by text message, or

(cc)by post;

(ii)to a [F29person] who collects goods that have been pre-ordered by a means mentioned in paragraph (i), provided that the [F29person] does not enter inside the premises to do so,

(b)subject to sub-paragraphs (2), (3) and (4)—

(i)close any premises which are not required to carry on its business or provide its service as permitted by paragraph (a);

(ii)cease to admit any person to its premises who is not required to carry on its business or provide its service as permitted by paragraph (a).

(2) A person responsible for providing library services in the Tier 4 area may open the library premises for the purposes of—

(a)support groups;

(b)childcare provided by a person who is registered under Part 3 of the Childcare Act 2006 or supervised activities for children [F30or other persons who were under the age of 18 on 31st August 2020];

F31(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)education or training of the description in paragraph 6(3);

(d)providing essential voluntary services or public support services, including digital access to public services, the provision of food bank or other support for the homeless or vulnerable people, blood donation services or support in an emergency;

(e)voting, counting of votes or activities ancillary to voting or the counting of votes in an election or referendum which is held—

(i)in accordance with provision made by or under an Act, or

(ii)in accordance with the laws or regulations of a country or territory outside the United Kingdom, but in respect of which arrangements are made by a consular post or diplomatic mission in the United Kingdom for persons eligible to vote in that election or referendum to vote in the United Kingdom.

(3) Sub-paragraph (1) does not prevent any business from continuing to provide—

(a)hot or cold food for consumption off the premises, or

(b)goods or services to the homeless.

(4) A person responsible for carrying on a business or providing a service referred to in sub-paragraph (1), may open any premises for the purposes of making a film, television programme, audio programme or audio-visual advertisement.

(5) A person who is responsible for a community centre or hall in the Tier 4 area must ensure that the community centre or hall is closed except where it is used for the purposes of—

(a)the provision of essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency),

(b)education or training of the description in paragraph 6(3),

(c)support groups,

(d)childcare provided by a person who is registered under Part 3 of the Childcare Act 2006, or supervised activities for children [F32or other persons who were under the age of 18 on 31st August 2020],

F33(da). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)weddings, funerals and commemorative events to celebrate the life of a person who has died, as permitted by this Schedule,

(f)the purposes described in sub-paragraph (2)(e).

(6) If a business referred to in sub-paragraph (1) (“business A”) forms, or is provided as, part of a larger business (“business B”) and business B is not restricted under these Regulations, the person responsible for carrying on business B complies with the requirement in sub-paragraph (1) to cease to carry on its business if it ceases to carry on business A.

Textual Amendments

Businesses allowed to remain open in Tier 4 areaE+W

17.  The following businesses are allowed to remain open in the Tier 4 area—

(a)food retailers, including food markets, supermarkets, convenience stores and corner shops,

(b)off licenses and licensed shops selling alcohol (including breweries),

(c)pharmacies (including non-dispensing pharmacies) and chemists,

(d)newsagents,

(e)animal rescue centres and animal boarding facilities,

(f)building merchants and suppliers of products and tools used in building work and repairs,

(g)petrol stations,

(h)vehicle repair and MOT services,

(i)bicycle shops,

(j)taxi or vehicle hire businesses,

(k)the following businesses—

(i)banks

(ii)building societies

(iii)credit unions

(iv)short term loan providers

(v)savings clubs

(vi)cash points

(vii)undertakings which by way of business operate currency exchange offices, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers,

(l)post offices,

(m)funeral directors,

(n)laundrettes and dry cleaners,

(o)dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including [F34services which incorporate personal care services and treatments required by those with disabilities and] services relating to mental health,

(p)veterinary surgeons and pet shops,

(q)agricultural supplies shops,

(r)storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this Part,

(s)car parks,

(t)public toilets,

(u)garden centres,

(v)automatic car washes,

(w)mobility and disability support shops.

F35(x). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

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