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21. Provisions

  Restructuring
£m
Warranty
£m
Legal and
environmental
£m
Other
£m
Total
£m
At 1 January 2008 (28) (13) (21) (34) (96)
Charge for the year:          
  Additions (21) (7) (4) (4) (36)
  Unused amounts reversed 1 7 8
Amounts used 26 5 3 7 41
Currency variations (7) (4) (5) (4) (20)
At 31 December 2008 (30) (18) (27) (28) (103)
Due within one year (23) (10) (10) (6) (49)
Due in more than one year (7) (8) (17) (22) (54)
  (30) (18) (27) (28) (103)

Restructuring

Restructuring provisions outstanding at 31 December 2008 relate primarily to the estimated future cash outflows in respect of redundancies and onerous contracts (predominantly leases) arising from Group strategic restructuring programmes, details of the charges in respect of which are included in note 3 . Amounts are only set aside when irrevocable commitments exist at the balance sheet date and these invariably reflect actual or constructive contractual arrangements which indicate the amount and most likely timing of flows. Cash outflows that are expected to arise beyond 12 months in part relate to lease contracts where the average remaining maturity is 5 years from 31 December as well as phased retirement scheme payments in European Driveline and OffHighway businesses which have between 3 and 5 years to run.

Warranty

Provisions set aside for warranty exposures either relate to amounts provided systematically based on historical experience under contractual warranty obligations attaching to the supply of goods or specific provisions created in respect of individual customer issues undergoing commercial resolution and negotiation. In the event of a claim, settlement will be negotiated with the customer based on supply of replacement products and compensation for the customer’s associated costs. Amounts set aside represent management’s best estimate of the likely settlement and the timing of any resolution with the relevant customer.

Legal and environmental

Legal provisions amounting to £9 million (2007 – £5 million) relate to management estimates of amounts required to settle or remove litigation actions that have arisen in the normal course of business. Further details are not provided to avoid the potential of seriously prejudicing the Group’s stance in law. Amounts unused and reversed only arise when the matter is formally settled or when a material change in the litigation action occurs where legal advice confirms lower amounts need to be retained to cover the exposure.

As a consequence of primarily legacy activities a small number of sites in the Group are subject to environmental remediation actions, which in all cases are either agreed formally with relevant local and national authorities and agencies or represent management’s view of the likely outcome having taken appropriate expert advice and following consultation with appropriate authorities and agencies. Amounts charged and carried reflect the current best estimates of the likely cost of remediation and inherent timings.

Other

Other provisions include claims provisions held within the Group’s captive insurance company £10 million (2007 – £8 million), provisions held in respect of onerous loss making contracts £6 million (2007 – £11 million), and long service non-pension and other employee related obligations arising primarily in the Group’s continental European subsidiaries £12 million (2007 – £15 million). Claims provisions and charges are established in accordance with external insurance and actuarial advice. The onerous loss making contract provisions relate to specific non-cancellable contractual commitments where it is anticipated that unavoidable net operating losses will arise.

Vacant leasehold property provisions included in Restructuring and Other provisions above amount to £5 million (2007 – £1 million).

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