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Legislation update – April 2021


Keep abreast of the latest government consultations, recently closed consultations and notable headlines.

Current consultations   

Highways England – Reviews to improve safety on motorways and high-speed roads  

This consultation is seeking views on proposed changes to The Highway Code to improve safety for users of motorways and high-speed roads. The proposed changes include new and additional guidance on:
1/ the availability, appearance, and safe use of emergency areas;
2/ the use of variable speed limits to manage congestion;
3/ the use of the red ‘X’ sign to close lanes and provide a safer area for the people and vehicles involved in incidents and roadworks;

4/ the use of hard shoulders that become extra lanes during periods of congestion. 5/ how road users can help keep themselves safe in the event of a breakdown; and
6/ how safety cameras are employed to promote compliance with speed limits and lane closures. Released 01/03/2021, closes 29/03/2021. 

Scottish Government –Net Zero Nation: Draft Public Engagement Strategy for Climate Change.   

In this document the Scottish Government sets out its framework for engaging the public and encouraging action over the next three to five years. The strategy has been published as a draft for consultation. Released 16/12/2020 – closing date extended until the 31/03/2021, (original date 17/03/2021).  

Scottish Government – Second Strategic Transport Projects Review (STPR2) 

STPR2 takes a national overview of the transport network with a focus on regions and will help deliver the vision, priorities and outcomes that are set out in the new National Transport Strategy (NTS2). The Scottish government is asking for feedback. Released 03/02/2021, closes 31/03/2021. 

Welsh Government – White Paper on a Clean Air (Wales) Bill  

This consultation sets out the potential provisions for a Clean Air (Wales) Bill. The proposals aim to reduce air pollution and its impacts. The proposals consist of measures which are implemented through primary legislation and, at the same time, establish frameworks to design and implement secondary legislation (proposals include road charging and CAZ/LEZ). 

Released 13/01/2020 – closes 07/04/2021. 

House of Commons Transport Select Committee – call for evidence – The roll out of smart motorways  

The Committee is seeking views on the benefits of smart motorways, including how to reduce congestion and how necessary they are. The review will investigate the safety, and the adequacy of safety measures in place and how safety could be improved. It will also look at how to improve public perception of smart motorways. Released 26/02/2021, closes 09/04/2021.  

Welsh Government. Developing the hydrogen energy sector in Wales 

The report sets out a pathway for developing the hydrogen energy sector in Wales. Proposals include deploying fuel cell buses, creating an early market/demand for fuel cell vehicles, attracting new zero-emission automotive industry to Wales, demonstrating fuel cell train(s) and seeking to develop ‘place based’ hydrogen opportunities within local or regional areas. 

Released 18/01/2021, closes 09/04/2021. 

OZEV (Office for Zero Emission Vehicles) – The consumer experience at public charge points 

OZEV is seeking views on ease of payment, opening up charge point data, using a single payment metric and reliability of public charge points to inform legislation planned for autumn 2021. There will be consultation workshops running throughout the consultation period. If you would be interested in attending these events, please contact, consumerofferconsult@olev.gov.uk. A series of workshops are also planned for the summer after this consultation closes. 

Released 13/02/2021, closes 10/04/2021. 

DfT & BEIS – UK Emissions Trading Scheme free allocation review: call for evidence 

Within the context of the UK government’s and devolved administrations’ ambitious climate targets, BEIS is calling for evidence now on how our use of free allocations can better incentivise emissions reduction, and protect energy intensive, trade exposed industries from the risk of carbon leakage. 

Released 19/03/2021, closes 23/04/2021.                  

BEIS – UK internal market: the continuity of exclusions from the principles of mutual recognition and non-discrimination for services 

This consultation seeks information about the possible exclusion of certain services from the mutual recognition and non-discrimination principles under the UKIM Act. It also seeks information to help determine whether current exclusions in Schedule 2 to the UKIM Act, which reflect the pre-existing exclusions set out in the 2009 Regulations, are upheld or deemed redundant. The UKIM Act establishes two UK market access principles to protect the flow of goods and services in our home market: the principle of mutual recognition, and the principle of non-discrimination.  

Released 25/02/2021, closes 23/04/2021. 

DfT – Night flight restrictions at Heathrow, Gatwick, and Stansted airports between 2022 and 2024 plus future night flight policy 

Consultation seeking views and evidence on revising the night flight dispensation guidance, allowing airport operators and the Secretary of State for Transport to disregard movements from the existing restrictions in certain circumstances. It seeks evidence on the night flight restrictions at the designated airports beyond 2024 including: structure of the government’s night noise quota count system, length of the future regime, and future movement and noise quota allowances. The consultation also seeks views on our national night flight policy, including on the health impacts of aviation noise at night and the economic value of night flights plus the emergence of new technology. Released 04/03/2021, closes 31/05/2021. 

BEIS – Introducing a performance-based policy framework in large commercial and industrial buildings 

This consultation sets out the government’s proposals to introduce a national performance-based policy framework for rating the energy and carbon performance of commercial and industrial buildings above 1,000m² in England and Wales, with annual ratings and mandatory disclosure as the first step. The consultation is in two parts: the strategy paper outlines the rationale for the policy, its aims and proposals on how to implement it, and the consultation on phase one of the policy, which sets out proposals for implementing annual performance-based ratings in commercial and industrial offices above 1,000m² in England and Wales. Released 17/03/2021, closes 09/06/2021. 

Defra – Packaging and packaging waste: introducing Extended Producer Responsibility  

Defra wants to know what you think about plans to introduce an Extended Producer Responsibility scheme for packaging. This will mean that packaging producers will pay the full cost of managing packaging once it becomes waste. The aim is to encourage producers to use less packaging and use more recyclable materials, reducing the amount of hard-to-recycle packaging placed on the market. Defra is seeking views on how the scheme will operate, including, scheme design, scheme governance, implementation timelines, and how the scheme will be enforced.  Released 24/03/2021, closes 04/06/2021.  

HMRC – Raising standards in the tax advice market 

The government is publishing a call for evidence to begin to explore the opportunities and challenges of more frequent payment of Income Tax within Income Tax Self-Assessment, and of Corporation Tax for small companies, based on in-year information. Released 23/03/2021, closes 15/06/2021. 

HMRC – Call for evidence: the tax administration framework: supporting a 21st century tax system 

HMRC is seeking views on how the tax administration framework could be updated and simplified to provide a better experience for individuals and organisations. Released 23/03/2021, closes 13/07/2021. 

Recently closed consultations   

DVSA (Driver and Vehicle Standards Agency) – Simplifying driving licence upgrade and motorcycle test rules Closed – 22/03/2021 

The Driver and Vehicle Standards Agency sought views on proposals to allow drivers who pass a driving test in certain categories of automatic vehicles to drive a manual vehicle in that category, as long as they can already drive a manual vehicle in a different category. The categories of vehicles the proposal affects are: car and trailers (B+E), medium-sized lorries (C1), and medium-sized lorries towing a trailer (C1+E) and minibuses (D1), and minibuses towing a trailer (D1+E). 

Released 09/02/2021. 

Law Commission – Automated vehiclesclosed 18/03/2021. 

The Centre for Connected and Autonomous Vehicles (CCAV) asked the Law Commission of England and Wales and the Scottish Law Commission to undertake a far-reaching review of the legal framework for automated vehicles, and their use as part of public transport networks and on-demand passenger services. The purpose of this consultation was to seek views on a proposed regulatory framework for automated vehicles. Released 18/12/2021. 

DfT – Night flight restrictions at Heathrow, Gatwick, and Stansted airports between 2022 and 2024 plus future night flight policy  Closed 03/03/2021.   

Two-stage consultation which sought views on: keeping the existing night flight restrictions for the designated airports between 2022 to 2024 plus banning QC4-rated aircraft movements between 23:30 to 06:00 for views on policy options for the future night flight policy, beyond 2024, at designated airports and nationally. The designated airports are Heathrow, Gatwick, and Stansted.   

Released 02/12/2020. 

DfT –Implementing the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)  Closed 28/02/2021. 

Government proposed to implement CORSIA into UK (United Kingdom) law as an Air Navigation Order (ANO) under Section 60 of the Civil Aviation Act 1982. The first section set out the policy context and outlined government’s proposed approach. The second section covered the detail of the CORSIA MRV provisions, including how the scheme would be administered in the UK and how CO2 emissions from both fossil kerosene and CORSIA eligible fuels (CEF) should be monitored, reported, and verified. These MRV provisions constitute the first statutory instrument (SI) for CORSIA. A copy of the draft SI is published alongside this consultation. Released 18/12/2021.  

Defra – Live animal exports: improvements to animal welfare in transport  Closed 25/02/2021. 

Defra sought views on ending the export of live animals for slaughter and fattening in England and Wales, where the journeys begin in or transit through either country. Defra also welcomed comments on further improvements to animal welfare in transport, including, reduced maximum journey times, animals being given more space and headroom during transport, stricter rules on transporting animals in extreme temperatures and tighter rules for transporting live animals by sea. Released 03/12/2020 with an original closing date of 28/01/2021, this was brought forward to 21/02/2021, however the deadline was amended further as above.  

Transport Committee, Transport Committee inquiry into zero emission vehicles and road pricing – Closed 17/02/2021  

The Transport Committee sought feedback regarding an inquiry into the implications of accelerating the shift to zero emissions vehicles and the potential for introducing road pricing, or pay-as-you-drive, schemes.  

DfT – Future of Transport: rural strategy – call for evidence Closed 16/02/2021 

The Department for Transport (DfT) sought views and collected evidence on what could be incorporated into a Future of Transport: rural strategy. The changing composition of rural economies has seen a shift towards increasing numbers of businesses that are selling goods and services beyond their local areas. Innovations can help rural businesses to reach markets more quickly via improved transport connections. Innovating how people and goods move around also has the potential to help meet government ambitions for decarbonisation, achieving net-zero by 2050.   

Released 24/11/2020.    

DfT – Ending the longer semi-trailer trail   Closed 01/02/2021  

This consultation was asking whether DfT should end the existing longer semi-trailer trial (LST). The trial, which started in 2012, is testing the theory that the use of LSTs (Longer Semi Trailers) should lead to journey reductions, which in turn would lead to a reduction in transport congestion and emissions. Although planned to run until 2027, DfT believes the trial has reached a point where continuing is unlikely to supply useful results and that remaining issues, relating to safety, can only be answered outside of trial settings. Released 09/11/2020.     

Announcements, February/March 2021 

25/03/2021 (CO) Moving goods from Great Britain to Northern Ireland 

Guidance paper published – if your business moves goods from Great Britain to Northern Ireland. 

23/03/2021 (HMT) Business Rates Review: Interim Report 

In July 2020, the government published the Call for Evidence for the Fundamental Review of Business Rates, in two tranches. This Interim Report sets out an overview of the responses received to both tranches of the Call for Evidence. It also includes the policy decisions announced at Spending Review 2020 and Budget 2021. 

22/03/2021 (Scot Gov) Cleaner Air for Scotland Review: Consultation analysis 

Analysis of responses to the consultation on a draft new air quality strategy for Scotland which closed on 22 January 2021. 

22/03/2021 (Multi Dept.) 3 project funding – £54 million government-led funding for green projects

The three projects in Cwmbran, Warwickshire and Ballymena will receive more than £54 million of funding from UK government and industry and are forecast to secure nearly 10,000 jobs across the UK. £31.9 million to develop electric propulsion systems for heavy goods vehicles in Cwmbran, Wales. £11.3 million to develop and manufacture energy-saving technology from motorsport for use in cars and vans from a centre in Warwickshire, £11.2 million to develop and manufacture low-cost hydrogen fuel cell technology for buses and create a hydrogen centre of excellence with Wrightbus in Ballymena, Northern Ireland. 

19/03/2021 (DVSA) Temporary relaxation of the enforcement of the retained EU drivers’ hours rules: all road haulage sectors within Great Britain and international and Great Britain to Northern Ireland carriage of goods.  

There are no plans to extend the relaxation after 31 March 2021. However, this is kept under review, and DfT reserves the right to withdraw or amend the relaxation if circumstances change. 

19/03/2021 (Welsh Gov) Restarting driving lessons and tests in Wales  

COVID 19 – following the Welsh First Minister’s review on 12 March, driving lessons will restart in Wales on the 12 April. Driving tests will restart 10 days later on the 22 April. Theory Tests are planned to restart in Wales on the 12 April – this is consistent with plans in England. 

18/03/2021 (DfT & OZEV) Plug-in car, van and truck grant to be targeted at more affordable models to allow more people to make the switch. 

From 18 March 2021, the government will provide grants of up to £2,500 for electric vehicles on cars priced under £35,000. The grant scheme for electric cars, vans and trucks has been updated to target less expensive models and reflect a greater range of affordable vehicles available, allowing the scheme’s funding to go further and help more people make the switch to an electric vehicle. 

17/03/2021 (BEIS) Industrial Decarbonisation Strategy published 

The aim of this strategy is to show how the UK can have a thriving industrial sector aligned with the net zero target, without pushing emissions and business abroad, and how government will act to support this. An indicative roadmap to net zero for UK industry based on the content in this strategy is set out in the summary of the document. This strategy is part of a series of publications from government, which includes the Energy white paper: powering our net zero future. 

15/03/2021 (Dutch Gov) Plans regarding travel to the Netherlands 

The Netherlands has updated its COVID requirements by easing the timings of mandatory testing. As of 16 March, individuals arriving in the Netherlands from the UK and other countries deemed as high risk must provide a negative PCR test taken no more than 72 hours before boarding, complemented with a negative rapid test result no older than 24 hours at the time of boarding. However, from 16 March truck drivers will no longer need to comply with the rapid test. 

15/03/2021 (HMRC) £20 million SME (Small and Medium sized Enterprises) Brexit Support Fund opens for applications. 

As of 15 March 2021, smaller businesses will be able to apply for grants of up to £2,000 to help them adapt to new customs and tax rules when trading with the EU. The £20 million SME Brexit Support Fund enables traders to access practical support, including training for new customs, rules of origin and VAT (Value Added Tax) processes. 

15/03/2021 (DfT) announces 650 roles to be created in Birmingham and Leeds. 

The Department for Transport is to create a second HQ in Birmingham and a northern hub in Leeds as part of government’s commitment to level up all parts of the UK. 

11/03/2021 (Multi Dept) Levelling Up Fund: Prioritisation of places methodology note. 

Announced at the Spending Review, the Levelling Up Fund will invest in infrastructure that improves everyday life across the UK. The £4.8 billion fund will support town centre and high street regeneration, local transport projects, and cultural and heritage assets. The LUF methodological note sets out the process and rationale behind the index of priority places for the Levelling Up Fund that was published alongside the Fund prospectus at Budget on 3 March. 

11/03/2021 (DfT) The testing of PRVs fitted to LPG (Liquified Petroleum Gases) road tankers (Authorisation 948) 

This authorisation disapplies the testing requirement in 6.8.2.4.3 for pressure relief valves (PRVs) fitted to the tanks of tank-vehicles set out in the schedules to this authorisation. This authorisation has immediate effect and will remain in force until 30 April 2025 unless withdrawn or otherwise revoked. 

11/03/2021 (CO) Border Controls Extension  

Owing to the impact of COVID on business preparedness, a revised timetable for the introduction of controls has now been set by government. 

11/03/2021 (DfT) Sir Peter Hendy reappointed as Chair of Network Rail 

Sir Peter Hendy reappointed as Chair of Network Rail. 

10/03/2021 (DVSA) Heavy vehicle testing review published.  

First published – this review of the heavy vehicle testing system determines whether current roadworthiness testing is fit for purpose.  

10/03/2021 (DfT) Port freight quarterly statistics: October to December 2020 

Provisional quarterly statistics on freight handled by UK major ports for October to December 2020. 

10/03/2021 (DfT & OZEV) Outcome and response to the consultation on the ending the sale of new petrol, diesel and hybrid cars and vans 

Outcome and response to ending the sale of new petrol, diesel and hybrid cars and vans. published on the 10 March 21, the main outcomes were that: the phase out date for the sale of new petrol and diesel cars and vans will be brought forward to 2030. And from 2035, all new cars and vans must be fully zero emission at the tailpipe. 

10/03/2021 (DVLA (Driver and Vehicle Licensing Agency)) Annual VED (Vehicle Excise Duty) rates of car/light goods vehicle updated  

The document V149 highlighting the new VED rates for cars and vans which are applicable from 1 April is now available online.  

10/03/2021 (DfT & OZEV) £20 million fund fuels search for electric vehicle innovations 

The government is launching a research and development competition, open to some of the most promising electric vehicle technology innovations. This could include zero emission emergency vehicles, charging technology or EV (Electric Vehicle) battery recycling. 

10/03/2021 (DfT) Union connectivity review: interim report 

First published – Sir Peter Hendy's interim report considering the current state of transport connectivity within the UK and the case for future investment. 

09/03/2021 (DfT) Vehicle licensing statistics: 2020 

Annual statistics relating to licensed vehicles and new vehicle registrations in Great Britain. 

08/03/2021 (ONS (Office of National Statistics)) Understanding the statistical implications of coronavirus (COVID-19) and EU Exit on the compilation of UK Trade statistics. 

How the global coronavirus (COVID-19) pandemic and the end of the EU Exit transition period impacted on the compilation of UK trade. 

08/03/2021 (DVSA) COVID – driving tests  

Lorry training and testing will start again from 12 March. Driver CPC (Certificate of Professional Competence) part 4 tests (practical demonstrations) will restart from 29 March. Car driving lessons to restart from 12 March with testing from 22 March. Car and trailer training to restart from 12 March with testing from 22 March. All dates will be confirmed nearer the time. 

08/03/2021 (DVSA) COVID – Theory Test restart date 

Theory tests will restart on 12 April 2021 at the earliest. This date is subject to change and will be confirmed nearer the time. 

03/03/2021 (HMRC) Budget day announcement – Freeports  

Eight freeport locations were announced across the UK: East Midlands Airport, Felixstowe, the Humber, Liverpool, Plymouth, the Solent, Teesside, and the Thames. 

03/03/2021 (HMG) Updated arrangements for authorised traders from 1 April 2021

Following the meeting of the UK-EU Joint Committee on 24 February 2021, which confirmed the UK would set out a new operational plan, it has been confirmed a continuation of the Scheme for Temporary Agri-food Movements to Northern Ireland (STAMNI) arrangements for Authorised Traders beyond 31 March 2021. 

03/03/2021 (HMT) Budget 2021  

Approved documents, the Budget in full.  

03/03/2021 (HMRC (HM Revenue & Customs)) Extension to the Road User Levy (RUL) 

This measure introduces a further suspension of the collection of the levy for 12 months from 1 August 2021. Heavy goods vehicle levy rates will also remain frozen in 2021 to 2022. 

03/03/2021 (HMRC) Changes to landfill tax rates from 1 April 

This measure introduces an increase to the standard and lower rates of Landfill Tax in 2021 in line with the Retail Prices Index (RPI), rounded to the nearest 5 pence. 

03/03/2021 (DfT) Consultation on reforms to the tax treatment of red diesel and other rebated fuels, government response published  

At Budget 2020, the government announced that it would remove the entitlement to use red diesel and rebated biodiesel from most sectors from April 2022. The changes announced at Budget 2020 will mean that most businesses across the UK using diesel will need to use fuel taxed at the standard rate for diesel from April 2022. The government confirms that it will not remove the entitlement to use red diesel for the following uses: in agriculture, forestry, horticulture and fish farming, freight or maintenance vehicles designed to run on rail tracks and the commercial boat operating industry. 

01/03/2021 Transport for London, Introduction of enforcement for DVS (Direct Vision Standard) and safety permit scheme in London 

The delayed enforcement commenced 1 March 2021. This follows the introduction which was on the 26/10/2020. 

01/03/2021 Transport for London, Introduction of stricter Low Emission Zone standards 

Tougher LEZ (Low Emissions Zone) emissions standards for heavy diesel vehicles are due to come into force from 1 March 2021. Heavy diesel vehicles including lorries, buses, coaches, and specialist vehicles will need to meet Euro VI (NOx (Nitrogen Oxides) and PM) emissions standards or pay a daily charge to drive within the Greater London area. 

02/02/2021 (CO) First published – Organisations that trade with the EU – webinars calendar. 

calendar with dates of webinars in March for organisations that trade with the EU (European Union). 

02/02/2021 (DfT) Slot's waiver extended in boost to UK (United Kingdom) airlines 

Acting on calls for relief from the aviation sector, the legislation will support the industry through a period where air travel is likely to be lower than other years – protecting future connectivity and preventing airlines from operating high-cost carbon-inefficient ‘ghost flights’ to retain historic rights to slots. 

21/02/2021 (DfT) Get a coronavirus (COVID-19) test if you are an HGV (Heavy Goods Vehicles) or van driver. 

From 11.00pm 21 February, hauliers do not need to test negative for coronavirus if they are returning to France after spending fewer than 48 hours in the UK. 

21/02/2021 (DfT) Controversial EU Vnuk motor insurance law may be removed from British law. 

Government plans to scrap the EU’s ‘Vnuk’ motor insurance law – which requires motor insurance even on private land for a wider range of ‘vehicles,’ including forklift trucks, ride-on lawnmowers, and mobility scooters. 

19/02/2021 (DVSA) guidance documents for applying for individual type approval for lorries, cars, vans, and trailers updated  

Guidance on applying for Individual Vehicle Approval (IVA) if you are making or importing a single vehicle or a small number of vehicles or trailers have been updated to the latest versions. 

17/02/2021 (DfT) Get a coronavirus (COVID-19) test if you are a Heavy Goods Vehicle or van, driver 

DfT has published an information page for drivers, you must take a coronavirus (COVID-19) test before you leave the UK (United Kingdom) for some countries – check which countries require them and how to get a free test. 

17/02/2021 (CO) Webinars and videos for organisations that trade with the European Union updated 

Updated webpage to link to video explainers on 18 topics including importing and exporting, trade, data, and audit and accounting and updated to include links to the following webpages  webinars for importers of food and drink products from the EU to Great Britain and webinars for exporters of products of animal origin, live animals, plants and plant products to the EU. 

15/02/2021 (HM Revenue & Customs) issue briefing: supporting organisations to comply with changes to the off payroll working rules (IR35) 

How HMRC (HM Revenue & Customs) will support affected organisations to comply with changes to the off payroll working rules (IR35) from 6 April 2021 and how it will intervene if customers deliberately do not comply. 

15/02/2021 (DfT) Short-term European Conference of Ministers of Transport (ECMT) permits applications open for journeys in 2021 

You need an ECMT permit if you want to carry out a cross-trade job between the EU (European Union) and a non-EU country. The non-EU country must be an ECMT member country. To apply for a short-term permit, please email shorttermecmt@dvsa.gov.uk.  

11/02/2021 (CO) Government announces £20 million Small and Medium sized Enterprises Brexit Support Fund 

The Chancellor of the Duchy of Lancaster announces £20 million Small and Medium sized Enterprises Brexit Support Fund to help small businesses with changes to trade rules with the EU. Traders will be able to apply for a grant of up to £2,000 to pay for practical support for importing and exporting. The Fund will help businesses to prepare for the implementation of import controls which come into force from April and July. 

09/02/2021 (HMRC) Guides to importing and exporting goods between Great Britain and the EU 

Information for traders on importing and exporting goods between Great Britain and the EU. 

08/02/2021 (Crime stoppers) Launch of nationwide haulier people smuggling campaign 

In partnership with the Home Office and National Crime Agency, Crime Stoppers has launched a UK-wide haulier campaign to crack down on Organised Immigration Crime (OIC). The campaign is in response to Operation Melrose, which sought justice for the 39 migrants found dead in the back of a refrigerated lorry in 2019. For 10 weeks, materials will be displayed in service stations, washrooms and ports, and this will be supported by targeted radio and online digital adverts.  

05/02/2021 (Driver and Vehicle Licensing Agency) Digital tachograph information leaflet updated 

The INF117B – What you need to know about the digital tachograph driver card information document has been updated and refreshed by DVLA. 

05/02/2021 (CO) Brexit transition helplines  

A list of key business transition actions and the relevant helplines

02/02/2021 (DfT) Small and medium road freight operators: Barriers to Greener Practices 

Report published exploring the barriers preventing small and medium freight operators from adopting carbon emission reduction practices. 

01/02/2021 (DVSA) 10-year tyre ban introduced 

From 1 February, tyres aged over 10 years are banned on the front steered axles of lorries, buses and coaches along with all single wheels of minibuses (9-16 passenger seats). DVSA is enforcing the new legislation at roadside checks along with vehicle annual tests. They have also updated their sanctions policy to reflect the new offences, which include affected tyres over 10 years old and not having a date marking that is clearly legible.  

Published On: 01/04/2021 14:00:49

 

Ian Gallagher, Head of Compliance Information


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