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As an additional precaution fn-element-with-id-1 through fn-element-with-id-5 tests should also specify in prolog that they require xquery version "1.1".
This function can optionally be provided by XQuery 1.0 second-edition processors, and part of the purpose of the test is to test such processors. They would not run the test successfully if the prolog said "version 1.1". Perhaps there is some other way of marking the test as dependent on an optional feature - though unfortunately XQTS isn't particular well-endowed with mechanisms for doing that.