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STATES OF JERSEY ORDER PAPER
Tuesday 19th January 2016 at 10.30 a.m.
CONSOLIDATED
- COMMUNICATIONS BY THE PRESIDING OFFICER
- TABLING OF SUBORDINATE ENACTMENTS (Explanatory note attached)
Planning and Building (Display of Advertisements) (Amendment) (Jersey) Order R&O.159/2015. 2015.
Minister for Planning and Environment.
Planning and Building (General Development) (Amendment No. 2) (Jersey) Order R&O.160/2015. 2015.
Minister for Planning and Environment.
Planning and Building (Moveable Structures) (Amendment) (Jersey) Order 2015. R&O.161/2015. Minister for Planning and Environment.
Income Support (General Provisions) (Amendment No. 19) (Jersey) Order 2015. R&O.162/2015. Minister for Social Security.
Long-Term Care (Benefits) (Amendment No. 2) (Jersey) Order 2015. R&O.163/2015. Minister for Social Security.
Planning and Environment (2016 Fees) (Jersey) Order 2015. R&O.164/2015. Minister for Planning and Environment.
Motor Vehicle Registration (General Provisions) (Amendment No. 20) (Jersey) R&O.165/2015. Order 2015.
Minister for Transport and Technical Services.
Companies (General Provisions) (Amendment No. 5) (Jersey) Order 2015. R&O.166/2015. Chief Minister.
Infrastructure (Driver and Vehicle Standards – 2016 Fees) (Jersey) Order 2015. R&O.167/2015. Minister for Transport and Technical Services.
Excise Duty (Relief and Drawback) (Amendment No. 6) (Jersey) Order 2015. R&O.168/2015. Minister for Treasury and Resources.
Health and Social Services (2016 Fees) (Jersey) Order 2015. R&O.169/2015. Minister for Health and Social Services.
Mental Health (Review Tribunal) (Procedure) (Amendment No. 3) (Jersey) Order R&O.170/2015. 2015.
Minister for Health and Social Services.
Long-Term Care Services (Health and Social Services Charges) (Amendment) R&O.171/2015. (Jersey) Order 2015.
Minister for Health and Social Services.
Economic Development (2016 Fees) (Jersey) Order 2015. R&O.172/2015. Minister for Economic Development.
Road Racing (Karts) (Jersey) Order 2016. R&O.1/2016. Minister for Infrastructure.
* Taxation (Agreements with European Union Member States) (Suspension of R&O.2/2016. Regulations) (Jersey) Order 2016.
Minister for External Relations.
* EUMin Legisterislforati Exton (erSannactl Reionlats –ions.Iran) (Amendment No. 2) (Jersey) Order 2016. R&O.3/2016.
- DOCUMENTS PRESENTED OR LAID
* Minimum Wage: revised hourly rate from 1st April 2016 (P.150/2015) – P.150/2015. comments. Com. Presented: 18th January 2016.
Council of Ministers.
* GPreasseTntareid:ffs 1: r8teh ducJatnuioarn (yP.1 2054/16.2015) – comments. P.154/20Com15.. Council of Ministers.
Jersey Gambling Commission: appointment of Commissioner. R.138/2015 Presented: 21st December 2015.
Minister for Economic Development.
Age Discrimination Regulations: Consultation Paper. R.139/2015. Presented: 22nd December 2015.
Minister for Social Security.
States of Jersey Financial Reporting Manual (December 2015). R.140/2015. Presented: 24th December 2015.
Minister for Treasury and Resources.
Health and Social Services: A Sustainable Primary Care Strategy for Jersey 2015 – R.1/2016. 2020.
Presented: 6th January 2016.
Minister for Health and Social Services.
Jersey Innovation Fund: Annual Report 31st December 2014. R.2/2016. Presented: 6th January 2016.
Minister for Economic Development, Tourism, Sport and Culture.
Building a Safer Society: Annual Report 2014. R.3/2016. Presented: 8th January 2016.
Minister for Home Affairs.
States of Jersey Law 2005: delegation of functions – Infrastructure – Scheme of R.4/2016. delegations – January 2016.
Presented: 12th January 2016.
Minister for Infrastructure.
* Prison Board of Visitors: Annual Report 2015. R.5/2016. Presented: 18th January 2016.
Minister for Home Affairs.
* States of Jersey Law 2005: delegation of functions – revocation of the appointment R.6/2016. of Deputy E.J. Noel of St. Lawrence as Assistant Minister for Treasury and
Resources.
Presented: 19th January 2016.
Minister for Treasury and Resources.
Jersey International Finance Centre: Financial Viability (Interim Report) S.R.7/2015. (S.R.7/2015) – response of the Minister for Treasury and Resources. Res. Presented: 13th January 2016.
Minister for Treasury and Resources.
* Prison Board of Visitors (S.R.9/2015): response of the Minister for Home Affairs. S.R.9/2015. Presented: 18th January 2016. Res. Minister for Home Affairs.
- NOTIFICATION OF LODGED PROPOSITIONS
Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) P.134/2015. Regulations 201- (P.134/2015): amendment. Amd. Lodged: 29th December 2015.
Minister for Economic Development.
Transcripts of in camera' debates: release to the Jersey Independent Care Inquiry P.155/2015. (P.155/2015) – amendment. Amd. Lodged: 12th January 2016.
Privileges and Procedures Committee.
Transcripts of in camera' debates: release to the Jersey Independent Care Inquiry P.155/2015. (P.155/2015) – second amendment. Amd.(2) Lodged: 12th January 2016.
Deputy M.R. Higgins of St. Helier .
Jersey Police Complaints Authority: re-appointment of Chairman. P.158/2015. Lodged: 21st December 2015.
Minister for Home Affairs.
Draft Health and Safety (Management in Construction) (Jersey) Regulations 201-. P.159/2015. Lodged: 22nd December 2015.
Minister for Social Security.
Draft Taxation (Implementation) (International Tax Compliance) (United States of P.160/2015. America) (Amendment) (Jersey) Regulations 201-.
Lodged: 24th December 2015.
Minister for External Relations.
Draft Taxation (Implementation) (International Tax Compliance) (United P.161/2015. Kingdom) (Amendment) (Jersey) Regulations 201-.
Lodged: 24th December 2015.
Minister for External Relations.
Draft Financial Regulation (Miscellaneous Provisions No. 3) (Jersey) Law 201-. P.162/2015. Lodged: 24th December 2015.
Chief Minister.
Jersey Bank Depositors Compensation Board: appointment of members. P.163/2015. Lodged: 24th December 2015.
Chief Minister.
States of Jersey Development Company Limited: appointment of Chairman. P.1/2016. Lodged: 5th January 2016.
Minister for Treasury and Resources.
Draft Dentistry (Jersey) Law 2015 (Appointed Day) Act 201-. P.2/2016. Lodged: 12th January 2016.
Minister for Health and Social Services.
- WITHDRAWAL OF LODGED PROPOSITIONS
- APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
- Resignation of the Connétable of St. Helier as Chairman of the Environment, Housing and Technical Services Scrutiny Panel.
- Appointment of the Chairman of the Environment, Housing and Technical Services Scrutiny Panel.
- MATTERS OF PRIVILEGE
- PETITIONS
- QUESTIONS
- – Written Questions(attached)
- The Minister for Health and Social Services will table an answer to a question asked by the Connétable of St. Lawrence regarding the end of life care strategy.
- The Minister for Health and Social Services will table an answer to a question asked by Deputy J.A. Hilton of St. Helier regarding the Williamson Report – Implementation Plan'.
- The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding domestic care agencies.
- The Chairman of the Comité des Connétable s will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding online voter registration.
- The Chief Minister will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding potassium iodide tablets.
- The Chief Minister will table an answer to a question asked by Deputy J.A. Hilton of St. Helier regarding recommendations made by the Safeguarding Board.
- The Minister for Infrastructure will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding pedestrian crossings and bus stops.
- The Minister for Social Security will table an answer to a question asked by Deputy G.P Southern of St. Helier regarding the Income Support pension income disregard.
- The Minister for Health and Social Services will table an answer to a question asked by Deputy J.A. Hilton of St. Helier regarding the report of the Comptroller and Auditor General into Community and Social Services.
- The Minister for Health and Social Services will table an answer to a question asked by Deputy J.A. Hilton of St. Helier regarding children in care.
- The Minister for Social Security will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the Income Distribution Survey.
- The Chief Minister will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding the outsourcing and privatisation of services.
- The Minister for Health and Social Services will table an answer to a question asked by Deputy G.P. Southern of St. Helier regarding outsourcing and privatisation of services.
- The Minister for Home Affairs will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding arrests for possession of cannabis.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding tax income from landlords.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding High Net Worth status.
- H.M. Attorney General will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding convictions for drugs offences.
- The Minister for Social Security will table an answer to a question asked by Deputy S.Y. Mézec of St. Helier regarding individuals actively seeking work.
- The Minister for Treasury and Resources will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding school fees.
- The Chief Minister will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding Islanders with disabilities.
- The Minister for Infrastructure will table an answer to a question asked by Deputy M. Tadier of St. Brelade regarding steps being taken to make cycling more convenient and safe.
- The Minister for Environment will table an answer to a question asked by Deputy S.M. Wickenden of St. Helier regarding planning appeals.
- The Minister for Infrastructure will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding strike action by taxi drivers.
- The Minister for Housing will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding housing waiting lists.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding lawyers involved in States appointed bodies.
- The Minister for External Relations will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the U.K.'s referendum on membership of the European Union.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Interim Population Policy.
- The Chief Minister will table an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding potassium iodide tablets.
- The Minister for Environment will table an answer to a question asked by Deputy J.M. Maçon of St. Saviour regarding solar panels.
- – Oral Questions (120 minutes)
- The Connétable of St. Helier will ask the following question of the Minister for Economic Development, Tourism, Sport and Culture –
"Is the Minister satisfied that the current operation of Jersey's sea links with the U.K. provides adequate reliability, customer care and value for money and, if not, what steps, if any, is he taking to improve the service?"
- Deputy A.D. Lewis of St. Helier will ask the following question of the Minister for Health and Social Services –
"Would the Minister confirm the total expenditure to date relating to the implementation of the Health and Social Services informatics IT strategy, provide an update on progress and indicate what savings have been achieved to date and will be achieved upon full implementation?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –
"What data, if any, does the Minister have on the number of domestic care agencies operating in the Island and whether their employment policies, including the use of zero hours contracts and the practice of regarding only contact time as paid work, with no consideration for travel time, put them at risk of breaching minimum wage legislation?"
- Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Treasury and Resources –
"Can the Minister provide an estimate of how much GST is provided to the Treasury as a result of Islanders, aged over 70, redeeming the generous charitable gift vouchers given to them every Christmas?"
- Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Health and Social Services –
"What steps, if any, will the Minister take to reduce the waiting times for patients who need an MRI scan and what measures are currently in place should the MRI scanner break down?"
- Deputy P.D. McLinton of St. Saviour will ask the following question of the Minister for Environment –
"Is the Minister prepared to consider introducing a tax on carbon emissions in order to encourage a move towards more environmentally friendly practices from both individuals and businesses in Jersey?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Chief Minister –
"Can the Chief Minister advise the extent to which the funds allocated to the work of the Jersey Independent Care Inquiry have been utilised, how much remains, whether he is aware that the Inquiry has indicated any concerns that more funds may be required and if so what he is prepared to do, if anything, to ensure such funds are made available to enable the Inquiry to complete its work?"
- The Deputy of St. Ouen will ask the following question of the Minister for Health and Social Services –
"Why is it that the Ministerial Decision relating to the closure of The Limes Nursing Home, announced on 8th December 2015, has not been placed on the gov.je website as at 14th January 2016 - 25 working days later?"
- Deputy M. Tadier of St. Brelade will ask the following question of the Minister for Social Security –
"What impact does the Minister estimate that the decision to cut the Income Support single parent component to zero over 3 years will have on the number of single parent households falling below the relative low income threshold by 2018?"
- Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for Economic Development –
"Following the announcement that Blue Islands is to become a franchise partner with Flybe, can the Minister advise what impact this is likely to have on customer choice and value for money for the average person booking and taking flights to and from Jersey and state whether he is satisfied with competition in this area?"
- Deputy S.Y. Mézec of St. Helier will ask the following question of the Minister for Health and Social Services –
"Could the Minister advise when it became apparent that People's Park was the leading contender for the site for the new hospital and state whether the views and desires of the population of St. Helier were considered in the process?"
- The Deputy of St. Ouen will ask the following question of the Chairman of the Comité des Connétable s –
"Does the Chairman consider that the requirement for parishes to post to each ratepayer an annual rate return is a poor use of resources in terms of time and money, given that the information in the great majority of cases will be unchanged from the previous year and, if so, what consideration, if any, has been given to improving procedures?"
- Deputy L.M.C. Doublet of St. Saviour will ask the following question of the Minister for Infrastructure –
"Has any progress been made on the allocation of dedicated public parking spaces for the new police station?"
- Deputy J.A. Martin of St. Helier will ask the following question of the Minister for Treasury and Resources –
"Can the Minister advise why Andium Homes do not list all properties and rents payable on their website for complete transparency?"
- The Connétable of St. Helier will ask the following question of the Minister for Environment –
"Would the Minister confirm that the Open Space Study carried out for his department in 2008 showed that St. Helier is deficient in accessible, convenient open space and that the loss of amenity areas in the town area should be resisted and state what action, if any, is being taken to address this?"
- Deputy G.P. Southern of St. Helier will ask the following question of the Minister for Social Security –
"Following the decision of the Minister to reduce the Income Support disregard for pension income, can she confirm that senior citizens who are newly eligible to claim a States pension in 2016, and who are entirely reliant on this for their income, having no second or occupational pension to supplement it, will be significantly worse off than previous pensioners, and what action, if any, does she propose to take?"
- Deputy J.A. Hilton of St. Helier will ask the following question of the Minister for Health and Social Services –
"Will the Minister confirm whether People's Park is the only new site the department is assessing as a possible location for the new hospital, in addition to the three shortlisted sites included in the Atkins report on the strategic outline case, published in May 2013?"
- – Questions to Ministers without notice (30 minutes) –
1st question period – Minister for Housing
2nd question period – Chief Minister
- PERSONAL STATEMENTS
- STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
- PUBLIC BUSINESS
Transcripts of in camera' debates: release to the Jersey Independent Care Inquiry. P.155/2015. Lodged: 15th December 2015.
Deputy M.R. Higgins of St. Helier .
Transcripts of in camera' debates: release to the Jersey Independent Care Inquiry P.155/2015. (P.155/2015) – amendment. Amd. Lodged: 12th January 2016.
Privileges and Procedures Committee.
Transcripts of in camera' debates: release to the Jersey Independent Care Inquiry P.155/2015. (P.155/2015) – second amendment. Amd.(2) Lodged: 12th January 2016.
Deputy M.R. Higgins of St. Helier .
Draft Policing of Roads (Amendment No. 9) (Jersey) Regulations 201-. P.138/2015. Lodged: 5th November 2015.
Minister for Transport and Technical Services.
Draft Planning and Building (Amendment No. 7) (Jersey) Law 201-. P.142/2015. Lodged: 17th November 2015.
Minister for Planning and Environment.
Jersey Law Commission: appointment of Commissioners. P.149/2015. Lodged: 24th November 2015.
Minimum Wage: revised hourly rate from 1st April 2016. P.150/2015. Lodged: 26th November 2015.
Deputy S.Y. Mézec of St. Helier .
* Minimum Wage: revised hourly rate from 1st April 2016 (P.150/2015) – comments. P.150/2015. Presented: 18th January 2016. Com. Council of Ministers.
Draft Road Works and Events (Jersey) Law 201-. P.152/2015. Lodged: 8th December 2015.
Minister for Transport and Technical Services.
Gas Tariffs: reduction. P.154/2015. Lodged: 14th December 2015.
Deputy G.P. Southern of St. Helier .
* Gas Tariffs: reduction (P.154/2015) – comments. P.154/2015. Presented: 18th January 2016. Com. Council of Ministers.
- ARRANGEMENT OF PUBLIC BUSINESS 2nd February 2016
La Collette Low Rise Development: direction to Andium Homes Ltd. P.139/2015. Lodged: 9th November 2015.
Deputy R. Labey of St. Helier .
Concessionary bus fares for the disabled: discussions with LibertyBus. P.140/2015. Lodged: 10th November 2015.
Deputy M. Tadier of St. Brelade .
Concessionary bus fares for the disabled: discussions with LibertyBus (P.140/2015) – P.140/2015. comments. Com. Presented: 14th December 2015.
Council of Ministers.
Draft Debt Remission (Individuals) (Jersey) Law 201-. P.153/2015. Lodged: 9th December 2015.
Chief Minister.
Draft Children's Property and Tuteurs (Jersey) Law 201-. P.156/2015. Lodged: 15th December 2015.
Chief Minister.
Draft Dogs (Amendment No. 4) (Jersey) Law 201-. P.157/2015. Lodged: 15th December 2015.
Chief Minister.
Jersey Police Complaints Authority: re-appointment of Chairman. P.158/2015. Lodged: 21st December 2015.
Minister for Home Affairs.
Draft Health and Safety (Management in Construction) (Jersey) Regulations 201-. P.159/2015. Lodged: 22nd December 2015.
Minister for Social Security.
Jersey Bank Depositors Compensation Board: appointment of members. P.163/2015. Lodged: 24th December 2015.
Chief Minister.
States of Jersey Development Company Limited: appointment of Chairman. P.1/2016. Lodged: 5th January 2016.
Minister for Treasury and Resources.
23rd February 2016
* Draft EU Legislation (Consumer Protection – Unfair Practices) (Jersey) Regulations P.134/2015. 201-.
Minister for Economic Development.
* D201raf-t( EUP.134/2015 Legislat)i:on am(Cendmonsumenter. Protection – Unfair Practices) (Jersey) Regulations P.134/20Am15.d. Lodged: 29th December 2015.
Minister for Economic Development.
Draft Taxation (Implementation) (International Tax Compliance) (United States of P.160/2015. America) (Amendment) (Jersey) Regulations 201-.
Lodged: 24th December 2015.
Minister for External Relations.
Draft Taxation (Implementation) (International Tax Compliance) (United Kingdom) P.161/2015. (Amendment) (Jersey) Regulations 201-.
Lodged: 24th December 2015.
Minister for External Relations.
Draft Financial Regulation (Miscellaneous Provisions No. 3) (Jersey) Law 201-. P.162/2015. Lodged: 24th December 2015.
Chief Minister.
Draft Dentistry (Jersey) Law 2015 (Appointed Day) Act 201-. P.2/2016. Lodged: 12th January 2016.
Minister for Health and Social Services.
8th March 2016 22nd March 2016
Draft Commissioner for Standards (Jersey) Law 201-. P.120/2015. Lodged: 15th October 2015.
Privileges and Procedures Committee.
L.-M. HART Deputy Greffier of the States
18th January 2016
Note –
An asterix * in the left-hand margin denotes either a new item added to this Order Paper since the principal Order Paper was published on 14th January 2016, or an item which has been altered or
moved.
Explanatory Note regarding subordinate legislation tabled at this meeting. (See Item B)
R&O.2/2016.
This Order suspends the agreements made under the Taxation (Agreements with European Union Member States) (Jersey) Regulations 2005, as to the mutual exchange of information relating to savings income in the form of certain interest payments and of tax on such income, between the Comptroller of Taxes and the competent authorities of the European Union Member States listed in Schedule 1 to those Regulations. This Order thus largely reflects, in Jersey, Council Directive (EU) 2015/2060 of 10 November 2015 repealing Directive 2003/48/EC on taxation of savings income in the form of interest payments (OJ L 301, 18.11.2015, p.1; the "repealing Directive") but it does not suspend the agreement with Austria (for which separate provision is made in the repealing Directive, reflected in part in Article 3). The repeal made by the repealing Directive took effect on 1st January 2016.
Article 1 is the interpretation provision. Article 2 suspends the operation of the Regulations, except for the Order-making power in Regulation 3, the power of the Comptroller of Taxes to make allowances against Jersey income tax in Regulation 14 (until the end of 2016), the powers to prosecute offences in Regulations 15 and 16, and certain other provisions as set out in Article 2(3) and (4) permitting the collection, retention and payment of outstanding tax for a transitional period (ending on 5th October 2016).
Article 4 gives the title of this Order and provides for its commencement on the day on which it is made. The Order was made on 18th January 2016 and came into force on being made.
R&O.3/2016.
This Order further amends the EU Legislation (Sanctions – Iran) (Jersey) Order 2015 ("the 2015 Order") so as to implement in Jersey amendments made by Council Regulation (EU) 2015/1861 of 18 October 2015 amending Council Regulation (EU) 267/2012 concerning restrictive measures against Iran (OJ L 274, 18.10.2015, p. 1) ("the new Regulation"). The amendments made by the new Regulation are extensive and replace the earlier regime of restrictive measures in relation to Iran's nuclear-related activity with a new authorisation regime to reflect United Nations Security Council Resolution (UNSCR) 2231 (2015) endorsing the Joint Comprehensive Plan of Action of 14 July 2015. The amendments made by Article 1 of this Order update Article 1 of the 2015 Order and change the list of offences in Article 5 and make a consequential amendment to Article 4, to take account of the new Regulation.
Article 2 gives the title of this Order and provides for its immediate commencement. The Order was made on 18th January 2016 and came into force on being made.
ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))
Questions without notice 2016
1st Session 2016
February 2nd Infrastructure Environment
February 23rd External Relations Chief Minister
March 8th Social Security Home Affairs
March 22nd Treasury and Resources Chief Minister
April 12th Education Health and Social Services April 26th Economic Development, Tourism, Chief Minister
Sport and Culture
May 10th Housing Infrastructure
May 24th Environment Chief Minister
June 14th External Relations Social Security
June 28th Home Affairs Chief Minister
July 12th Treasury and Resources Education
2nd Session 2016
September 13th Health and Social Services Chief Minister September 27th Economic Development, Tourism, Housing
Sport and Culture
October 11th Infrastructure Chief Minister November 1st Environment External Relations November 15th Social Security Chief Minister November 29th Home Affairs Treasury and Resources December 13th Education Chief Minister
Appointment of Chairman of the Environment, Housing and Technical Services Scrutiny Panel
The Presiding Officer will invite nominations for the position of Chairman of the Environment, Housing and Technical Services Scrutiny Panel. Each nomination must be seconded. If only one person is nominated, that person is appointed as chairman of the scrutiny panel. If there is more than one nomination each candidate will speak for up to 10 minutes with a 20 minute question period. The candidates will speak and be questioned in the order in which they have been nominated. Other candidates must withdraw from the Chamber during the speeches and question period.
Following the speeches and question periods an open ballot or ballots will be held until one candidate receives an overall majority of votes cast.