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This is a newer function that has not the right signature. Since the arguments are often calculated, we should allow empty: 11.2.6 fn:in-scope-prefixes fn:in-scope-prefixes($element as element()?) as xs:string* Summary: Returns the prefixes of the in-scope namespaces for $element. If $element is the empty sequence, it returns the empty sequence. For namespaces that have a prefix, it returns the prefix as an xs:NCName. For the default namespace, which has no prefix, it returns the zero-length string.
The working group considered this comment at its meeting today and decided not to accept it. For rationale, please see bug 1467.