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Tonga Sessional Legislation |
TONGA
MISCELLANEOUS AMENDMENTS (PRIVY COUNCIL) ACT 2010
Act No. 42 of 2010
Arrangement of Sections
Section
1 Short title, commencement
2 Schedule 1 – Acts amended
3 Schedule 2 – Subsidiary legislation amended
4 Similar consequential changes
SCHEDULE 1
ACTS AMENDED
SCHEDULE 2
SUBSIDIARY LEGISLATION AMENDED
________________________________
MISCELLANEOUS AMENDMENTS (PRIVY COUNCIL) ACT 2010
Act No. 42 of 2010
AN ACT TO AMEND VARIOUS ACTS AND SUBSIDIARY LEGISLATION TO REFLECT THE CHANGED ROLE OF THE PRIVY COUNCIL IN THE CONSTITUTIONAL REFORMS OF 2010
I assent,
GEORGE TUPOU V,
1st October 2010.
BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:
1 Short title, commencement
(1) This Act may be cited as the Miscellaneous Amendments (Privy Council) Act 2010.
(2) This Act shall come into force immediately after the commencement of the Act of Constitution of Tonga (Amendment) (No. 2) Act 2010.
2 Schedule 1 – Acts amended
The various Acts listed in column 1 of Schedule 1 shall be amended as set out in the relevant entry in column 2 of Schedule 1.
3 Schedule 2 – Subsidiary legislation amended
The subsidiary legislation listed in column 1 of Schedule 2 shall be amended as set out in the relevant entry in column 2 of Schedule 2.
4 Similar consequential changes
If, beyond the amendments in this Act, any Act or subsidiary legislation or document contains a reference or role to or for the Privy Council that is no longer appropriate with the changed role of the Privy Council effected by the amendments to the Constitution and the Government Act made during 2010, then the King in Privy Council may, during the period of 12 months from the commencement of this Act make regulations having like effect, mutatis mutandis, to the amendments effected by this Act, for the purpose of amending any such Act or subsidiary legislation or document:
Provided that regulations made under this section shall expire 6 months after they are made, and shall have no effect after that time unless replaced by the provisions of an Act.
___________________________
SCHEDULE 1
ACTS AMENDED
| Column 1 Act | Column 2 How amended |
| | |
| In section 2, definition of “Minister” repeal “His Majesty in Council may appoint” and replace with “may
be appointed” | |
| In section 7(1) repeal “His Majesty's” | |
| | |
| In section 2 definition of “prohibited area” repeal “Privy Council” and replace it with “Cabinet”
| |
| In section 48 repeal “Privy Council” and replace it with “Cabinet” | |
| | |
| In section 12 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 2 definition of “Non-business day” repeal “King in Council” and replace it with “Cabinet”
| |
| | |
| Birds Preservation Act | In section 4, 6 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs |
| | |
| Business Licences Act | In section 21 repeal “His Majesty may by Order in Council,” and replace it with “Cabinet may by Order” |
| | |
| Carriage by Air Act | In section 3(2) repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” |
| Carriage by Air Act | In section 6 repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” |
| Carriage by Air Act | In section 7 repeal “His Majesty in Council” and replace it with “Cabinet”; repeal “in Council”
|
| | |
| Charitable Trusts Act | Repeal section 11(3) and replace it with -“(3) No Board shall be registered with a name which contains the word “Royal”,
or any other word which, in the opinion of the Registrar, is calculated to lead to the belief that the Board is under the ownership,
control or patronage of – (a) His Majesty, without the consent of the King; (b) the Royal Family, without the consent of the
King; and (c) the Government, without the consent of the Cabinet.” |
| | |
| Civil Aviation Act | In section 7(2)(k) repeal “His Majesty in Council” and replace it with “Cabinet” |
| Civil Aviation Act | In 9(1) repeal “His Majesty in Council” and replace it with |
| Column 1 Act | Column 2 How amended |
| | “Cabinet” |
| | |
| Commissioner for Public Relations Act | In sections 3(1) and (2), repeal “His Majesty in Council” wherever they appear, and replace it with “Cabinet”
|
| Commissioner for Public Relations Act | In sections 6 and 8(1) repeal “His Majesty in Council”, and replace it with “Cabinet” |
| | |
| Communications Act | In section 20, 21, 22, 24, 25, 27, 28, 29(1), 84 repeal “His Majesty in Council” and replace it with “Cabinet”
wherever it occurs |
| | |
| In section 286(1) and 399 repeal “His Majesty may by Order in Council,” and replace it with “Cabinet may by Order”
| |
| In section376(1) repeal “His Majesty may by Order in Council,” and replace it with “Cabinet may by Order”
| |
| In section 376(3) repeal “in Council” | |
| | |
| In section 6 repeal “The King in Council” and replace it with “Cabinet” | |
| | |
| In section 1(2) repeal “in Council” | |
| In section 2(10) repeal “His Majesty in Council” and replace with “Cabinet by Order” | |
| In sections 3, 13(2), 13(4) and 14(3) repeal “His Majesty may by Order in Council” and replace it with “Cabinet
may by Order” | |
| In sections 4(1), 4(2), 5, 6(1), 7, 11(2) and 13(1), repeal “His Majesty may by Order in Council” and replace it with
“Cabinet may by Order” | |
| In section14(3) repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” | |
| In section 15 repeal “in Council” in the marginal note | |
| | |
| Consumption Tax Act | In section 5(3)(a) repeal “Privy Council” and replace it with “Cabinet” |
| | |
| In section 3 definition of “Minister” repeal “by His Majesty in Council” | |
| | |
| In section 10 repeal “Privy Council” and replace it with “Cabinet” | |
| | |
| Criminal Offences Act | In section 35, 38, 39, 91 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs |
| Criminal Offences Act | In section 20, – Repeal “pending the decision of the Privy Council” and replace with “in such manner and place
as it determines”; and Repeal subsection (2) |
| Column 1 Act | Column 2 How amended |
| Criminal Offences Act | In section 34 repeal “Prime Minister for submission to the” and replace with “King in” |
| Criminal Offences Act | In section 67(2) repeal “King in Council by Order in Council” and replace with “Cabinet by Order” |
| Criminal Offences Act | In section 72 repeal “King in Council” and replace it with “Cabinet” where it appears in the heading and in
the section |
| | |
| Customs Act | In section 3(1) repeal “His Majesty in Council” and replace it with “Cabinet” |
| | |
| Customs and Excise Management Act | In section 45 repeal “His Majesty in Council” and replace it with “Cabinet” |
| | |
| In section 9 insert “King in,” before “Privy Council,” | |
| | |
| In sections 4(6)(a), 6 and 7 repeal “His Majesty may by Order in Council” and replace them with “Cabinet may by
Order” | |
| | |
| In section 11 repeal “His Majesty in Council” and replace it with “Cabinet” in both places it appears | |
| | |
| In section 6 repeal “His Majesty” and replace it with “the Legislative Assembly” | |
| In section 17, 29(5), 32(4), 40(3), 59 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs
| |
| | |
| Educational Films Act | In section 3(6) repeal “Privy Council” and replace it with “Cabinet” |
| | |
| In section 4(1) repeal “His Majesty” and replace it with “Cabinet”, and repeal “He may by Order in Council”
and replace it with “Cabinet may by Order”. | |
| In sections 4(1) and 4(2) repeal “in Council” | |
| In section 7(2) repeal “in Council” | |
| In section 19 repeal “in council or order” in three places they occur | |
| | |
| In section 2 definition of “Minister” repeal “by His Majesty in Council” | |
| In section 6 repeal “his Majesty in Council” and replace it with “Cabinet” in both places it occurs | |
| In section 7 repeal “Privy Council” and replace it with “Cabinet” | |
| | |
| In sections 4(1), 4(4), 5(2), and 7 repeal “and the consent of Privy Council” | |
| | |
| In sections 2(1), 2(2), 2(2)(a), 2(3), 3(1), 3(3), immediately after the word “Council” wherever it occurs, insert the
words “, on the | |
| | advice of the Prime Minister,”. |
| | |
| In section 2, in the English version only, repeal “His Majesty in Council” and replace it with “Cabinet”;
and In the Tongan version only, repeal “’a ‘Ene ‘Afio ‘i ha taimi pe ke ne tu’utu’uni ‘i
he Fakataha Tokoni” and replace it with “’a e Kapineti ‘i ha taimi pe ke ne tu’utu’uni”
| |
| In section 3 and 6 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| In section 2, 4, 5, 6 , 7 repeal “in Council” wherever it occurs | |
| In section 6, in the English version only, repeal “in Council” from the heading | |
| | |
| In the long title repeal “His Majesty in Council” and replace it with “Cabinet” | |
| In section 2, 3, 5 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| Excise Tax Act | In section 3(1) repeal “His Majesty in Council” and replace it with “Cabinet” |
| | |
| In section 4, 7, 8, 23 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| Financial Institutions Act | In section 88 repeal “Privy Council” and replace it with “Cabinet” |
| | |
| In section 14 repeal “Privy Council” and replace it with “Cabinet” | |
| | |
| In section 12 repeal “or Ordinance of the Privy Council” | |
| | |
| In sections 2 repeal “His Majesty in Council” and replace it with “Cabinet” | |
| | |
| In section 3, 5 repeal “King in Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 32 repeal “Privy Council” and replace it with “Cabinet” | |
| | |
| In section 23 Repeal “Privy Council” and replace with “Cabinet” | |
| | |
| Health Services Act | In section 7 insert after “His Majesty”, “and the Legislative Assembly” |
| | |
| In section 5(1), 6, 7(1) repeal “Privy Council” and replace it with | |
| Column 1 Act | Column 2 How amended |
| | “Cabinet” wherever it occurs |
| In section 19(2) repeal “His Majesty in Council” and replace it with “Cabinet” | |
| | |
| In section 2 in the definition of “Regulations” repeal “King and Privy Council” and replace it with “the
Minister” | |
| In section 12 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs (including the heading)
| |
| In section 32 repeal “His Majesty in Privy Council” and replace it with “Cabinet” wherever it occurs | |
| In section 36 repeal “in Council” | |
| | |
| Industrial Properties Act | In section 2 definition of “Minister” repeal “by His Majesty in Council” |
| Industrial Properties Act | In section 37 repeal “His Majesty in Privy Council” and replace it with “Cabinet” in both places it occurs
|
| | |
| Repeal section 4 | |
| In section 20 repeal “proclaimed by His Majesty in Council”, and replace it with “declared by Cabinet” | |
| In section 23(b) repeal “an order in council,” and replace it with “a” | |
| In section 24(a) repeal “by His Majesty in Council and shall be deemed to include any Minister or member of Privy Council”
and replace it with “and shall be deemed to include any Minister” | |
| In section 24(b) repeal “by His Majesty in Council” | |
| In section 25(a) repeal “or to a member of Privy Council acting for the time being for him and on his behalf” | |
| | |
| In section 2, definition of “International Organisation”, repeal “His Majesty in Council” and replace it with
“Cabinet” | |
| In section 3(1) repeal “His Majesty in Council may by Order in Council” and replace it with “Cabinet may by Order”
and repeal the words “in Council” | |
| In section 3(2) repeal “in Council” | |
| International Organisations (Immunities and | In section 3(3) repeal “His Majesty in Council” and replace with “Cabinet may by Order” |
| Privileges of Certain Officers) Act | |
| In section 4 repeal “in Council” wherever they occur | |
| | |
| In section 4(1), 11(1) repeal “Privy Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| Mental Health Act | In section 79 repeal “pending the decision of the Privy Council under section 20 of the Criminal Offences Act” |
| Mental Health Act | In section 80 repeal “Privy Council” in the heading and in the section, and replace it with “Supreme Court”
|
| Mental Health Act | In section 82 repeal “Privy Council” and replace it with “Supreme Court” |
| | |
| In section 2, definition of “Minister” repeal “or such Minister as the Privy Council may appoint to be responsible
for the time being for the performance of duties under this Act” | |
| In sections 5, 7 and 9 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| In section 9 repeal “Privy Council” and replace it with “Cabinet” in the heading | |
| In section 10 repeal “Privy Council” and replace it with “Cabinet” | |
| | |
| In sections 4, 5, 6, 7, 8, 11, 14 and 17 repeal “His Majesty in Council and replace with “Cabinet” where ever they
occur | |
| In section 9 repeal “His Majesty in Council and replace with “Cabinet” | |
| | |
| In section 8B(2) repeal “His Majesty in Privy Council” and replace it with “Cabinet” | |
| | |
| In section 5, 6(2), 15, 30, 34, 39(1), 41, 43, 48 repeal “His Majesty in Council” and replace it with “Cabinet”
wherever it occurs | |
| In section 10, 11, 12, 31, 33, 40, 50, 53, 54, 57, 60, 61 repeal “His Majesty in Council” and replace it with “Cabinet”
wherever it occurs | |
| In section 13, 31(2), 48(2), 48(3), 50(5), 50A, 54(3), repeal “Privy Council” and replace it with “Cabinet”
wherever it occurs | |
| Repeal section 58 and replace it with -“No financial institution shall hereafter be authorized to do banking business in the
Kingdom by a name which includes any of the words “Central”, “National”, “Reserve”, “State”,
“Tonga”, | |
| Column 1 Act | Column 2 How amended |
| | or their equivalent in any other language without the consent of Cabinet; nor by a name which includes any of the words “Royal”
or “Kingdom”, or their equivalent in any other language without the consent of the King in Privy Council.”. |
| | |
| In sections 3 and 5 repeal “Privy Council” and replace it with “Attorney General” wherever it occurs | |
| In section 3(1) repeal “, acting on the recommendation of the Prime Minister” | |
| | |
| In section 2 definition of “noxious weed” repeal “Privy Council” and replace it with “Cabinet”
| |
| In section 3 repeal “Privy Council” and replace it with “Cabinet” | |
| | |
| Order in Public Places Act | In section 3 repeal the Proviso to the definition of “indecent exposure” |
| | |
| In section 3, 4(1), 5 repeal “Privy Council” and replace it with “Cabinet” where it occurs | |
| | |
| In section 10 repeal “His Majesty in Council” and replace with “Cabinet” | |
| In section 10A, 25, 29 and 32 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs
| |
| In sections 24(b), 32(6) and 34 repeal “Privy Council” and replace it with “Cabinet” wherever it appears | |
| | |
| In section 3, 6, 7, 13 and 14 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs | |
| In section 4 repeal “His Majesty with the consent of the Privy Council” and replace it with “Cabinet”; and
in the heading replace “Privy Council” with “Cabinet” | |
| In section 10(1) and (2) repeal “His Majesty may with the consent of Privy Council” and replace it with “Cabinet
may” | |
| In section 15, 16 and 17 repeal “His Majesty in Council” and replace it with “Cabinet” | |
| | |
| In section 3 and 10 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| In section 9 repeal “His Majesty in Council” and replace it with “Cabinet in accordance with the law”; and
repeal “he” and replace with “it” | |
| | |
| In section 2, definition of “petroleum mining”, repeal “His Majesty in Council” and replace with “Cabinet”
| |
| In sections 4(2), 5, 6, 7, 8, 9, 11 and 12 repeal “His Majesty in Council” wherever it occurs and replace it with “Cabinet”
| |
| | |
| In section 3, 7 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 65 repeal “His Majesty in Council” and replace it with “Cabinet” in both places | |
| | |
| Postal Services Act 2006 | In section 29 Repeal “Privy Council” and replace with “Cabinet” |
| | |
| In section 3 repeal “Privy Council” and replace it with “Cabinet” | |
| | |
| In section 4, 24(1), 25 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 4 repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” | |
| In section 17, 37, 38 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 12 repeal “His Majesty in Council” and replace it with “the Minister” | |
| | |
| In section 3 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| In section 3(3) repeal “in Council” | |
| | |
| Public Enterprises Act | In section 5(5), 8(2), 9(1), 10(1), 12, 14, 22(1) repeal “Privy Council” and replace it with “Cabinet” wherever
it occurs |
| | |
| Public Finance Management Act | In section 7(1) repeal “Privy Council through” |
| Public Finance Management Act | In section 7(2), 12(2), 12(3), 24, 26(3), 31(1), and 31(3), repeal “Privy Council” and replace it with “Cabinet”
wherever it occurs |
| | |
| In section 2(b) repeal “His Majesty in Council” and replace it with “Cabinet” | |
| In section 4 repeal “His Majesty by Order in Council” and replace it with “Cabinet by Order” in both places
| |
| In section 4 repeal “in Council” from the heading | |
| In section 5 repeal “in Council” | |
| | |
| Public Order (Preservation) Act | In section 3(6) insert “the King in” before “Privy Council” |
| | |
| Public Service Act | In section 8(2) repeal “Privy Council” and replace it with “Cabinet” |
| In section 6, 7(3) repeal “King in Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 2 repeal “Treasurer” and replace it with “Ministry of Education” | |
| In section 2 repeal “, upon being so directed by His Majesty in Council,” | |
| In section 2 repeal “His Majesty in Council” and replace it with the words “Minister for Education” | |
| Queen Salote Jubilee Scholarship Act | In section 3 repeal “His Majesty in Council” and replace it with “Cabinet” |
| In section 5 repeal “Minister of Education with the consent of His Majesty’s Privy Council” and replace them with
“Minister for Education with the consent of Cabinet” | |
| | |
| In section 3(1) and 3(4) repeal “King” and replace it with “Cabinet” wherever it occurs | |
| In section 10 repeal “King” and replace it with “Cabinet” wherever it occurs | |
| In section 3(1) repeal “He” and replace it with “Cabinet” | |
| In section 3 and 10 repeal “in Council” wherever it occurs | |
| | |
| Registration of Business Names Act | In section 17(3) repeal “Privy Council” and replace it with “the King” |
| | |
| Retirement Fund Act | In section 12 repeal “His Majesty with the consent of the Privy Council” and replace it with “Cabinet” |
| | |
| Retirement Fund Board Act | In section 7(1) repeal “Privy Council” and replace it with “Cabinet” |
| | |
| In section 10 repeal “Privy Council” and replace it with “Cabinet” (including in the heading) | |
| | |
| In section 2 and 6 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 2, after the word “may” insert the words “on the advice of the Prime Minister”. | |
| | |
| Shipping (Limitation of | In section 7(1) repeal “in Council” and insert “of Cabinet” |
| Liability) Act | |
| In section 8(2) repeal “-in-Council” and insert “of Cabinet” | |
| | |
| In section 3 repeal “His Majesty in Council” and replace it with “Cabinet” | |
| | |
| Tonga Communications Corporation Act | In section 11, 13 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs |
| | |
| In section 7(1)(x) repeal “or Ordinance” and “in Council” | |
| In section 8(1), 9(1) repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 19(3) repeal “His Majesty in Council” and replace it with “Cabinet” | |
| In section 4(1) and 29(2) repeal “Privy Council” and replace it with “the Cabinet” | |
| | |
| Tonga Sports Council Act | In section 2 definition of “Chairman” and “Deputy Chairman” repeal “His Majesty in Privy Council”
and replace it with “Cabinet” |
| Tonga Sports Council Act | In section 5, 12(2), 14 repeal “His Majesty in Privy Council” and replace it with “Cabinet” wherever it occurs
|
| | |
| Tonga Trust Fund Act | In section 3, 4, 5 and 7 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs
|
| | |
| Tonga Water Board Act | In section 5(2), 7(a), 17, 21, 65 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it
occurs |
| Tonga Water Board Act | In the Schedule, section 6 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs
|
| | |
| In section 6(h), 6(i), 29(1) repeal “His Majesty in Council” and replace it with “Cabinet” | |
| In section 26, 28 repeal “His Majesty in Council” and replace it with “Cabinet” | |
| In section 22 repeal “or by His Majesty by Order in Council” and replace with “or by Cabinet” | |
| | |
| Trading with the Enemy Act | In section 2, definition of “enemy territory”, repeal “His Majesty in Council” and replace it with “Cabinet”
|
| Trading with the Enemy Act | In section 4(2) repeal “His Majesty may by Order in Council” and replace it with “Cabinet may by Order” |
| | |
| Transfer of Prisoners | In section 15 repeal “His Majesty in Council” and replace it with |
| Act | “Cabinet” |
| | |
| In section 2, 4 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| In section 2 definition of “Minister” repeal “whom Privy Council may appoint” and replace it with “who
may be appointed” | |
| In section 3(1), 16 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs | |
| | |
| Westpac Bank of Tonga Act | In section 7(1)(ii) repeal “in Council” |
| | |
| In section 5, 16 repeal “His Majesty the King may from time to time by Order in Council” and replace it with “Cabinet
may by Order” | |
| In section 5 repeal “in Council” |
SCHEDULE 2 SUBSIDIARY LEGISLATION AMENDED
| | |
| Diseases of Plants Regulations | In regulations 59 and 63 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs |
| | |
| Medical Services (Detained Patients) Regulations | In regulation 3 repeal “Privy Council” and replace it with “Cabinet” |
| | |
| Medical Services Regulations | In regulation 2 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs |
| | |
| National Reserve Bank of Tonga (Currency) Regulations | In regulation 10(1) repeal “His Majesty in Council” and replace it with “Cabinet” |
| | |
| Pensions Regulations | In regulations 1, 4, 7, 18, 22 and 23(6) repeal “Privy Council” and replace it with “Cabinet” |
| | |
| Petroleum Mining Regulations | In regulations 4 and 58(3) repeal “His Majesty in Council” and replace it with “Cabinet” |
| Petroleum Mining Regulations | In regulation 60, repeal “His Majesty's” |
| | |
| Petroleum Regulations | In regulation 3 definition of “protected works” repeal “His Majesty in Council” and replace it with “Cabinet”
|
| | |
| Prison Rules | In rules 192 and 194 repeal “His Majesty in Council” and replace it with “Cabinet” wherever it occurs |
| Prison Rules | In Schedule 2 repeal “His Majesty in Council” and replace it with “Cabinet” |
| | |
| Tongan National Passport Fees Notice | In sections 1, 2 and 3 repeal “Privy Council” and replace it with “Cabinet” wherever it occurs |
| | |
Passed in the Legislative Assembly this 22nd day of September 2010.
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