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Ordered Out

Public Order and Housing Chaos


A briefing o n the effects o f The Criminal Ju stice
a nd Public Order I3i1l o n the rights o f squatters,
tenants and the homeless.

~UASH
lI
SQu"TTEPS ACTION FOR. SEWRE. ~O""tS

2 SI. Paul's Road,


London N I 2QN

Te l: 071 226 8938

Ordered Out
Public Order and Housing Chaos

Contents

4. Introduction.
S. Squatting - a growing threat?
6. Are squatters jumping the queue?
7. Do squatters exclude people from their
homes?
8. Current criminal and civil procedures.
9. A new Rent Act?
10. TIle need for extension to the
Criminal Law.
II. Abuse of the Criminal Law.
Public Order and the new proposals.
12. Homelessness, the real problem.
13. The real squatters.
Ordered Out
Introduction procedu re is without precedent in
British Law as the occupier will not be
In October t 991 th e Home Office allowed [Q attend or to make
published a consultation paper representations LO the courlS. Once such
setling out ilS reasons for wanting to an order has been granted the occupiers
change the law on squatting. 216 will have 24 hou rs to leave. Failure to
replies were received during the do so will result in a criminal offence
consul tation period, but the I lome being commi tted and the risk of arrest
Office has declined to publish them.
All the housing cha rities including New Clauses 69 and 70 are
SHEU·ER, SIIAC and CI IA II are amendmcnlS to Sections 6 and 7 of
opposed to strengthening the law, the Cri minal Law Act 1977. The existing
as are the Law Society, Th e Housing law provides crimi nal sanctions in any
Law Pra ctitioners Association , The case where a squatter deprives an
Association of Metropolitan Authori- owner, long-lease holder or Publi c
ties, The Poli ce Federation and the Sector tenant of their home. (This
Association of Chief Police Officers. includes those intending to move in as
Nu merous law centres are also well as those displaced by squatters.)
against any change to th e law. The new clauses extend these sa nctions
to private tenants and leaseholders with
All these organisations recognise conSiderably shorter leases.
squatting for what it is: a symptom of
llritain's housing crisis and not a law Ne w CL.'\use 71 will allow people
and order issue. They also recognise in the above situations (or their agents)
that applying public order laws to to use violence to secu re evictions thus
housing rights has serious implica- removing the need for the presence of
tions. In fact, the proposals before the poli ce.
parliament are likely to create public
order disturbances by removing The removal of the right to a cou rt
police officers from potentially hearing will almost cenainly result in
violent situations. the eviction (or even arrest) of innocent
parties by unscrupulous landlords or
It seems the consultation exercise inefficient local authorities. New Clause -
was a mere formality as the paper 7 1 w ill help such local authorities to
has been followed by the inclusion of keep property empty in ci rcu mstances
clauses 56, 57 and new clauses 69, 70 where corruption will nou rish.
and 71 in the Criminal Justice and
PubliPublic Order Dill 1990. These proposals have been put
forward in an atmosphere where
misconceptions and myths associated
The Clauses with squatting have ca rri ed more weight
(At the tim e o r goin g to press) than informed debate and consultation.
Thi s briefing is a response to some of
Clauses 56 and 57 will allow the more com mon misconceptions in
the owner of a property to apply to order to provide M Ps, peers and other
a civil court for a new "Interim interested parties with a more balanced
Possession Order" whi ch will be appraisal of squatting, squalters and the
heard ex-parte. This proposed implications of the new proposals.

4
Ordered Out

Squatting - a growing threat to the rights


of the individual property owner?

A fundamental error in the remainder, some belong to other


Consultation paper (CP), which has public bodies (eg the Depa rtmenl of
lead to the adoption of new clauses 69 Tra nsport, The Ministry of Defence,
and 70, lay in its emphasis on I3ritish Rail etc. Others belong to large
squatting in homes owned by private commerdal concerns. These have
individuals. ~Te n thousand people" it often been empty for even longer than
is claimed in a summaI)' of one council stock, and are usua ll y in
paragraph (CP - para 17), apply 10 the advanced states of decay.
couns eadl year for a possession
order. Equaling the number of 'J11e AdviSOry Service for
individual property owners with the Squallers (ASS) operales a daily advice
number of applications made in one service for squatters, licensees and
year (9,698) disguises the facI thaI Ihe other homeless people, advising about
vast majority of these applications will I SO people every week. f rom April 10
have been multiple and made by a September 1991 it collated information
small number of local authorities, from over 2,<XXJ squats and found that
housing assodations and commercial over 9Q01o of these properties were
organisations. In fact the great majority owned by local authorities or housing
of squats are in empty public sector associations. Less than 1% of the
housing (owned by local authorities or properties were found 10 be owned by
housing associations). Of the individuals. The results are printed
below.

No. o f squatted
properties surveyed.

Local Authorities. 1640


I lousing AS5OCiations. 365
Comme rcial Owners. 145
Government and Public Bodies. 53
· Others
Church Bodies. 4
Owner,<,hlp Disputed. 4
Individuals 2
Local Authorities· 741%
Total 2213

Others" . 0.5%

Government & Public Bodies · 2.3%

Commercial Owners - 6.6%


I lousing AssociatiOns · 16.5%

5
Ordered Q ui

Are squatters 'jumping the queue?'


"It is unfair that local authority properties
should be squatted when there are such
long housing lists in certain areas."
(Kenneth Baker. Hansard, page 160, 15/10/91.)

It is often claimed that, by that many squatters have been on the


squatLing, people are stealing a march waiting list for years and a high proportion
on those who have put their names on of squats (about one thi rd) contain fam ilies
council housing lists. In fact, in most who have either not been apprised of their
parts of the counLry, very few people statutory rights, or have opted to squa~ as
are housed Simply because they are on 3:n escape from an often intolerable and
this list. Councils nowadays interminable stretch in bed-and-breakfast
accommodate only those to whom they accommodation.
have 'statutory' duties, regardless of In fact the Government are proposing
whether they are on the list or no1. In to scrar the obligation of local authorities
addition, the practice of 'choking off to provide permanent housing for those
demand' through rulings of 'intentional not regarded as statutory homeless.
homelessness' has become a wide- Families will literally have to be on the
spread and often cynically deployed street before they will be considered for
instrument of housing policy in many accommodation, and even then they will
boroughs. only be offered temporary respite from the
nlOse able to establish that Lhey streets, probably in bed and breakfast or
are homeless and in 'priority need' are private seClor insecure tenancies.
placed in temporary accommodation If these proposals arc adopted many
as a matter of course - which invariably more families will have no other option but
means a long stay in a bed-and- to squat in order to proVide a roof for
breakfast hotel. 1\ is no su rprisc then themselves and their children.

Some Heasons For Squatting. Percentage of squallers.

Women escaping domc<;tic violence. 3.1


People declared intentionally homel ess. 6.3
People made homeless through mortgage default. 4.7
People moving from secure accornodation· 5.3
Students unable \0 obtain o ther accornodatior1 7.9
• oWing \0 o vcrcro wdlng, racial harrassment or hcalth h2z2rds.
Analysis of squallers

Those with childcn under 16 - 32.2% Women under 30,


without children - 17.7%

i'I--- Men over 30,


without children - 14.6%

Flgun.-s taken fro m ASS s urvey o f


22H squ:lnoo propcrtk'l'> be tween
Ap ri l and Se ptember 199 1.
Men under 30, Women over 30,
without children - 21.8% without children · 13.7%

6
Ordered Out

Are squatters excluding people from their homes?

"No matter how compelling the squatters' own


circumstances are claimed to be by their apologists,
it is wrong that legitimate occupants should be
deprived of the use of their property. " (CP para 5)

Section 7 of t.he Criminal Law lettable condition because they know


Act (977) makes it a crimi nal that their stay will be a shon one.
offence to refuse to leave a propeny Indeed, thousands of squatters have
when asked to do so by or on behalf chose n to establish homes in
of a 'displaced residential occupier'. propcnies so fa r advanced in
The sa me proccdure is available to a dereliction that their owners have all
'protected intcnding occupier', ie an but given them up as beyond repair.
incoming tcnant of a local authority Although local aut horities claim that
or housing association, or somcone squaucrs prevcnt peoplc being
who has recentJy bought a propeny houscd from the 'waiting list', it is a
and intends to livc lhcrc. fact tbat eve!), loca l authority has
Generall y, squatters will not many more homcs standing empty
move into properties that are in a than are squatted.

Estimated number of empty homes in i3ritain ; 864,000 (DOE).

Estim ated number of


squatted properties in Brit ain ; 17,000 (ASS).·

'/ want to help those responlible people who bave put themselves into accomodalion
because tbey bave seem tbat II is empty. I tbink II is fair to say tbat !Xiry deep in Con-
seroative philosophy is that of self-belp mId if people are prepared to try to help them-
selves and if they see a property is empty and no aile is using II alld by moving in
they are not going to hurt anYOlle, bw tbey will protect and help their oum family,
surely we ought to encourage tbat.......you could argue they are perhaps more so-
cially responsible in finding empty property and squatting ill there and giving their
family a home than putting tbem ill bed & breakfast."
(IJob Hughes, MI', speaking on The London I'rogrnmmc, May 1989.)

7
Ordered Out

Do the current criminal and civil procedures for the


recovery of squatted property really work to the
advantage of the squatter at the expense of the owner?
"Co ncern aboUithe civil remedies centres on the time It can take to
regain possession and the expense. Squatters may well know and
exploit the requirements of the civil p rocess ..... " (CP para 33)

The consultation paper alleged Mr. Maclean (Con): "111e lIo nour-
that exisLing civil procedures are slow, able Member for Cardiff .... quoted
expensive and unwieldy but neglected staLisLics to the effect that there were
to menLion that in cases of urgency 2,000 legal oc(1Jpiers under the present
(and under expedited proceedings) the civil proceedings orders. 'Ihat is not
noLice period of 7 days can he severely true. In most cases the squatters left
cunailed and an effcctive possession voluntarily, so no order was sought.
order obtained in substamially less That perhaps is where he got the figure
than a week. (Even where urgency is of 2,000. The number of legal defences
not proven, there is no reason why was very small." (l iansard, Stand ing
possession should not be regained in Committee 13, 10th Feb. 94, col 675)
three weeks. 'lhis is dcmonstrated by Squatted properties are rarely
this advenisemcnt from the Estatcs defended in the courts and, far from
Gazelle, 30/ 11 /9 1). being hoodwinked by squatters (as the
CP seemed to suggesu, judges have no
discreLion LO dismiss an application for
·'TRESPASSERS OFF YOUR LAND
IN UNDER THR EE WEEKS" possession unless a triable issue is
raised, and o ften do not do so even
"NEVER!"
then. Contrary to Mr. Maclean's ill-
informed specula Lion, squatters leaving
voluntarily will never lead to a case
being dismissed.
'Ihe Home Office was particularly
concerned with the- phenomenon of
"shop-squatling" claiming it often in·
volved "the use of electricity without
If this is the advice you've payment" (C I' para 32). Where this
been getting, then isn'1 i1 1ime
you consuhed occu rs the police already have powers
to arrest those responsible and charge
11_ -
CARTER LEMON?
- . . . . .' -
........... fO
' '1 _U_,ll11
them with theft. Neither is it true that an
owner is prevented by secLion 6 of the
Criminal law Act 19n from ~ breaking a
pane of glass in his own front door to
obtain entry" (CI' para 26a). An offence
2,458 applications under summary would only take place if there were
(squatters) proceedings FAILED in the someone on the premises opposed to
Cou nty COUll in 1989 (CI' para 17). his cnlly. On fact a displaced residenLial
'Ihis can only suggest that many al- occupier would not be commitLing an
leged squatters were in fact tenants or offcnce even if the squaltcrs were in
licensees, and in addition that councils physi«ll occupation.) Thus the law falls
were attempLing to evict families to a long way short of making squalters
whom they had a statutory duty. "almost invulnerable" (CP para 8).

8
Ordered Out

Tenants, licencees and homeless families; A new Rent Act?

Neil Gerrard (Lab. Walthamstow):


"Will the honourable Lady clarify whether she means that a
person in rent an'ears should be treated as a squatter?"
Lady Olga Maitland (Can .):
"/ would indeed regard such people as squatters. "

(Ha nsa rd, Sta nding Committee 13, 10th Feb 94, col 664.)

The prospect of ex pane errors to be rectified and avoid the


proceedings in "squauing" cases is prospect of legitimate tenants being
fraught with dangers. The abolition throw n on to th e streets.
of a cou rt hcaring prior to eviction The offence of making a false
will certainly increase the temptation statement is unlikely to affect
for private landlords to try this quick councils and housing associations as
route to repossession. Tenams and it is required to be done "kno wingly
licensees who have not signed a or recklessly" and this is unlikely LO
contract, pay rent in cash , have cover the common situation of
withheld renl in lieu of outstanding administrative muddle.
repairs or simply have fallen into
rent arrears will be espccially Families unlawfully denied
vulne rable to unscrupulous hOUSing by th ei r local authorities
landlords misrepresenting them as and those fleei ng intolerable
squatters. conditions of harassment will also
The proposed offence of making be hard hit by the proposed
a false statement under the new legislation. Famili es in such
procedure (carrying a sentence of 2 circumstances account for one third
years imprisonment) is unlikely to of squatters, and the coun hearing
be effective. Landlords who try to before an eviction can prove vital.
mislead the courts under the present Defendants can apply to have
system commit the much morc thei r case adjourned whil st they take
serious offence of perjury (which judicial review proceedings against
carries a sentence of 7 years in thdr local authority to assert their
prison) but even this has not been right to appropria te housing.
an adequate deterrent. Generally the council witl fa ce up to
their obligations at this point and
What may not be appreciated is allow the proceedings to lapse. The
that public sector tenants will also proposed legislation would deny
be at risk. Almost every week the these people the opportunity to
ASS see cases of council tenants and have such issues resolved in open
occasionally those of I lousing court whilst retaining a roof over
Associations mistakenly procceded their heads, and thus removes a last
against as allegedly unknown line of defence for some of the most
squatters. The protection of a court vulnerable in housing need.
hearing is crucial to aU ow such

9
Ordered Ou t

Is there a need to extend the scope of the Criminal Law?

The existing provisions of the premises "at that time by a loca l


Seclion 6 of the Criminal Law Act authority or housing association.
1977 make it an offence for a person The significant difference lies in the
lO use violence to secure entry to cenificate. It is simply issued by the
any premises, providing there is a landlord body, there is no
person on the premises opposed to requirement for it to be signed in
the entry. It protects owners and the presence of a Justice of the
tenants as well as squatters. Peace, nor arc there any pena lties in
However, the offence can not be cases where a false statement is
committed by a "Displaced made.
residential occupier" (ORO). Once
entry has been obtained, trespassers !\'cw Clauses 69 and 70 seem to
may be evicted using ureasonablc ex tend the existing act to cover
force" . private tenants, licensees and
leaseholders with 2 years or more
Seclion 7 of the same Act remaining. It is unclea r why these
defines ~le status of DRO and also new clauses arc needed, considering
provides for cenain persons to be that there is no evidence whatever
~Protectcd intending occupiers" of private tenants being prevented
(PIO). from occupying their homes by
A Pia is someone who requires squatters.
the premises for his/ her residence "at
that lime". It is already an offence for In 17 years of monitoring the
a trespasser to fail to leave on being Act, ASS ha s not recorded a Single
asked to do so by or on behalf of a instance of the use of a ~private"
ORO or Pia, and the police have type of PIO certificate, nor of
powers of arrest. anyone being required to leave by a
genuine DHO, indicating the very
There are two types of PIO, low incidence of squatting in such
which may be described as "private properties. The proposed clauses
seClQr" and ~public sector". are therefore unlikely to have any
ar>plication in genuine cases. They
(a) A private Pia must currently will , however, create a temptation
be a freehold owner or hold a lease for unscrupulous landlords to grant
with at least 21 years remaining, and short term tenancies ( 0 their
must sign a certificate stating the associates specifically to take
brief facts in the presence of a advantage of the legislation and
Juslice of the Peace or Commissioner remove unwanted occupiers, who
for Oaths. The Act includes penalties may not be trespassers at all or
for a private Pia who makes a false whose status may be in doubt and
statement. require the determinalion of the
(b) A "public sector" PIO needs courts.
to have been "au th orised to occupy "

IO
Ordered Out

Abuse of the Criminal Law at present and in the future.

I n the public sector the existing the penalties imposed on private


Act is systema tically abused by a P[Os who make false statements,
number of local authorities, who parti cularly as it is in the public sector
lake advantage of the lack of that established abuses ocrur. Nor is
penalties to routinely issue alleged there any reason why the
P[O certificates whenever premises requirements for private PIOs to sign
are squatted. The abuse is most a certi ficate in front of a Justice of the
clearl y eviden ced by the fact that Peace shou ld not be extended to
large numbers of properties affected local authorities.
remain empty indefinitely, and no The PIO procedure is a drastic
tenant moved in. Indeed, in some one, enabling the supervision of the
cases the properties have been courts to be bypassed, and it is
va ndalised by the council to important th at its use is confined to
PREVE;,\,T ocrupation. It is clear that genuine cases.
at present the public sector PIO [n 1989, the Advisory Service For
provisions are abused to enable Squatters monitored 26 flats in the
inefficient local authorities to keer London Borough of Ilackney which
large numbers of their rrorerties had been subject to PIO ce rtificates
empty. issued by that local authority. All the
squa tters ldt in order for the
In the light of such widespread incoming tenants to move in. The
abuse, there is no logical reason evictions took place between 14/9/89
why local authorities and housing and 30/ 5/ 9 1. On the 21/7/ 91 ten of
associations should Ix: exempt from the nats were still empty.

Public Order and the new proposals.


;\!ew Clause 71, which will occupiers who fail to leave in
enable PIOs of both tyres or their genuine cases and the property ca n
agents to use violence to evict then be repossessed. Such bailiffs
trespassers will render such abuses will be unaccountable to anyone but
even more dangerous. There is a the landlord .
grave danger that this extension or The removal of the police from
th e frecdom to carry Ollt violent such situations is bound to result in
entry to PIOs and their agcnls (ie brea ches of th e peace, and maybe
the landlord body itself) will result even assaults. It is indeed ironic that
in the creation of a new breed of the proposals of a Public Order J3ill
private bailiffs employed for the may be removing the police from
purpose. Thi s is totally unnecessary potential threats to publi c order.
as the police can cu rrently arrest

II
Ordered Out

Homelessness, The Real Problem


"/ can forsee police involved in the fo rcible eviction f rom premises and those
premises remaining emply, boarded up and people saying: "Was it necessary?"
I can see the problem of making criminals ofpeople who are desperate to get their
Jives back in balance. So meone who has been made redundant, someone who
squats in premises - who pays jor gas, electricity and water. Along comes a
policeman and evicts them. That's not what I joined the police fo r and I don 't think
a lot ojpeople did. "
Sgt Mike Bennctl, Chairman of the Metropolitan Police Federation.

The inclusion of measures to waiting lists to cope with council


combat squauing in a Criminal Justice refe rrals .
and Public Order Bill is ill-conceived. • Government proposals affecting
Squatting is not a law and order issue planning permission applications for
but a short term solution to an ever hotels taking in rcsidents dcpendcnt on
escalating housing crisis. benefits will threa ten the very existence
T here are many factors affecting of such hotels and cause w idespread
homelcssness including; thc sale of homclcssncss, especially in coastal
council properties, the closure of towns.
hostels, th e introduction of the 1988 The only way to eradicate squatting
Housing Act, the discharge of patients is to tackle the underl ying issues that
w ith mental health problems into the cause it , ie empty property and
commun ity, the w ithd rawal of Housing homeless ness.
Benefit for students and teenagers,
prohibitively expensive deposits for Some positive measures w ould be:
entrance to the private rented sector
and the eviction of home owners who • The extension of licences to the
have been unable to meet their occupiers of disused and neglected
mortgage repayments. property.
Apa rt from this we also have: • The reinstatement of security of
tenu re and realistic rent levels for private
, Proposed changes to benefit tenants.
regulations will exclude many • The rechanelli ng of funds
thousands of people from I lousing received by the Govern ment from the
13enefil. sale of ] .2 million council homes, to
• The proposed reduction of build new homes and renovate publicly
7,000 personnel in the armed forces owned empty property.
will result in more homeless ness. • The expansion of self build
Hesearch shows that 25% of people schemes to those unable to afford shared
sleeping rough have formerly been in ownership and of mortgage-ta-rent
the armed services. schemes for those in mortgage arrears.
• The Government's I lomel ess- • The restoration of I lousing
ness Review wi ll remove obligations on Ben efit and Income Support to students
local authorities to provide permanent and those aged 16-19.
housing for homeless families in • The crea tion of an independent
priority need. deposits authority to prevent landlords
, Single people are being withholding deposits under false
progressively squeezed out of "short pretences.
life" housing, as housing associati ons • The introduction of DSS loans to
and co-ops are forced to close their prospective tenants to cover deposits and
entry costs.

12
Ordered Out

Who are the squatters?

"/s the Home Secretary C/wa re that many of those


wbo engage in squCltting .... are often aggressive,
intolerant and intimidating?"
(S ir John Wheele r, MP. Hansard, Page 155, 15/ 10/9 1.)

"Anti-social parasites" (Kenneth Baker)

" that 's why we'll gel tough on amzed robbers, get laugh on rapists and get
tough On squauers." (Kcnncth Baker in response to rising crime figures.)

We hope that the following case histories w ill go some way to


re·balancing what legal Action Magazine described as "false stereotypes"
(November 91). These, and thousands of others, are the real squatters;

Anja (23) and Peter (31), piC-


tured with Freia (3) and Finn (-1
months) have been squatting in a
council property in Lambeth for the
last four years. Before giving birth I :::i=~
to Finn, Anja qualified as a cabinet· l'.i
makerj Peter is studying to become
a tcacher. When they first moved
in, the property had been gutted
by fire and lacked evcn the most
basic amenities. They invested a
great deal of their time and energy,
as well as the little money they
had, in making it habitable on ce
marc. Struggling to bring up two ment, they havc not had th e means to
children without the income derived rent privately. Thcy have rece ntly
from full or even parHimc employ· become licensees of Lambeth Council.

13
Ordered Oul

Terry (28), pictured with study as a midwife. Iler


Julius and Kieren (both aged 8), bursary would not cover the
has been squalling in a Hackney cost of renting privately and
Council flat for two years. She her ap plications to be housed
moved from Sheffield in order to by the Council have nm
elicited any offer of
permanent accommodation.
Wh en she moved in to the flat
she now squats, it was in an
advanced state of disrepair.
There was no electricity, no
tOilet, the roof leaked and the
properly su ffered from serious
subsidence. Barring the
subsidence, she has since
made good all the repairs
necessary to make the
properly habitable. When she
last spoke to the Council, they
told her they would not rc-
house her until she had been
evicted and was thus
'roofless'.

Joh n (28) and Sophie <3'1), 'intentionally homeless' if they


pictured with Anouk (4) and moved out, they fclt that they were
Armel (2), are squalling in a block left with no alternative but to squat.
of flaLS in Il ackney. It is ow ncd by
a holding company. John is
unemployed, Sophie is a pOllcr.
Their block had been gUlled by
fire prior to th eir moving in a year
ago. Six of the scven flats in the
block have not been tcnanted
since 1988, th e year of the fire.
The family had been living in
housi ng association temporary
accommodation in which they had
been placed in by Il ackney
Borough Council. Their flat was
bu rgl ed four times in two months.
After ineffective representations to
the housing associalion , and being
told that th ey would be declared

14
Ordered Out

Hod (22) works in a pizza


restaurant. lie squats in a council flat in
Camden which has ocen untenanted for
at least a decade. lie earns £100 a week.
lie is not eligible to be housed by the
council and cannot afford the huge
deposits being asked by local landlords.

Patrick (25) squats in a council


flat in Camden after being evicted
three times in one year. I lis present
home has chronic subsidence and has
been empty for five years. lie is on a
Government training scheme is
entitled to £50 a week ocncfil, and
hopes to occomc a joiner. WAs an
able-bodied single person I have no
cha nce of being housed by the
Cou ncil, and there's no way I could
hope to save the money required to
pay a deposit for private renting out
of the money [ get each week . And
that 's even if r could rei}' on the DSS
to make housing benefit payments
promptly."

Ineligible for housing from


her local council, Carol (29),
pictured with Zachary (J I month~),
moved into a squatted council
pr9PCny in Lambeth which had
ex tensive fire damage. After the
binh of Zachary , she fell within the
category of 'priority need' but chose
to rema in where she was in
preferen ce to a long stay in bcd-
and-breakfast. Like Anja and Peter,
she has recently become :1 licensee
of Larnlx:th Council.

15
>.•

© SQUASH 199-1

Squatters Action for Secure Ilomes

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