Difference between revisions of "Editorial Update/Textual Amendments/Substitutions/Provision Level Substitutions"

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Whilst still in XMetaL, you need to check that the amendment has been carried out correctly and that the annotation is accurate and complete by <strong>carrying out all the checks detailed in the [[Editorial_Update/Update_Editor_Checklist#After_you_have_carried_out_the_amendment_in_the_XML|Update Editor Checklist]]</strong>.  
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1. <span style = "color:red;"><strong>Whilst still in XMetaL, you need to check that the amendment has been carried out correctly and that the annotation is accurate and complete by carrying out all the checks detailed in the</span> [[Editorial_Update/Update_Editor_Checklist#After_you_have_carried_out_the_amendment_in_the_XML|Update Editor Checklist]]</strong>.  
 
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<u>Example of a substitution of words: substitution of "Welsh Ministers" for "Secretary of State"</u>
 
<u>Example of a substitution of words: substitution of "Welsh Ministers" for "Secretary of State"</u>
  
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See on the published site [http://www.legislation.gov.uk/ukpga/1988/41/schedule/8/paragraph/10 1988 c. 41 sch. 8 para. 10]
 
See on the published site [http://www.legislation.gov.uk/ukpga/1988/41/schedule/8/paragraph/10 1988 c. 41 sch. 8 para. 10]
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<u>Substitution of a provision or sub-provision</u>
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2. Remember to move the opening square bracket if you substituted a provision or a sub-provision
  
 
If you substituted a <strong>whole provision</strong>, the opening bracket for the substitution will automatically be positioned within the <code>ukl:Pnumber</code> tag before the first sub-provision number inside the <code>ukl:P1para</code> tagging. You need to adjust the position of the opening bracket to include the provision number by moving (by clicking on the tag and dragging it) the opening <code>ukl:Substitution</code> tag to just before the provision number within the <code>ukl:Pnumber</code> of the provision. If your substitution also included the provision heading, you need to adjust the position of the opening bracket to include that, e.g.  
 
If you substituted a <strong>whole provision</strong>, the opening bracket for the substitution will automatically be positioned within the <code>ukl:Pnumber</code> tag before the first sub-provision number inside the <code>ukl:P1para</code> tagging. You need to adjust the position of the opening bracket to include the provision number by moving (by clicking on the tag and dragging it) the opening <code>ukl:Substitution</code> tag to just before the provision number within the <code>ukl:Pnumber</code> of the provision. If your substitution also included the provision heading, you need to adjust the position of the opening bracket to include that, e.g.  
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Remember to <strong>check that the extent of your substituted provision</strong> is correct.  If the RestrictExtent attribute is blank, the provision will inherit the extent of the parent into which it has been substituted so you need to check that this is correct. See more on the [[Editorial_Update/XMetaL_and_XML_tagging#RestrictExtent_Attribute|RestrictExtent Attribute]].
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3. Remember to <strong>check that the extent of your substituted provision</strong> is correct.  If the RestrictExtent attribute is blank, the provision will inherit the extent of the parent into which it has been substituted so you need to check that this is correct. See more on the [[Editorial_Update/XMetaL_and_XML_tagging#RestrictExtent_Attribute|RestrictExtent Attribute]].</li>
 
<!--*If your substitution includes any <strong>power-conferring provisions</strong> (marked in TOEs Comments for Editor as "Contains power"), you will need to set the ConfersPower attribute to "true" for those provisions. See more on the [[Editorial_Update/XMetaL_and_XML_tagging#ConfersPower_Attribute|ConfersPowerAttribute]].
 
<!--*If your substitution includes any <strong>power-conferring provisions</strong> (marked in TOEs Comments for Editor as "Contains power"), you will need to set the ConfersPower attribute to "true" for those provisions. See more on the [[Editorial_Update/XMetaL_and_XML_tagging#ConfersPower_Attribute|ConfersPowerAttribute]].
 
*Look out for and remove any Non Breaking Space Characters that may have been added to the amended provision by your substitution. See more on  [[Editorial_Update/Approach_to_Update_-_Some_Basic_Rules_and_Exceptions#Non_Breaking_Space_Characters|Non Breaking Space Characters]].
 
*Look out for and remove any Non Breaking Space Characters that may have been added to the amended provision by your substitution. See more on  [[Editorial_Update/Approach_to_Update_-_Some_Basic_Rules_and_Exceptions#Non_Breaking_Space_Characters|Non Breaking Space Characters]].
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Once you are satisfied that the amendment is correct and complete, select <strong>Legislation - Check In</strong> on the menu bar at the top of the page:
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4. Once you are satisfied that the amendment is correct and complete, select <strong>Legislation - Check In</strong> on the menu bar at the top of the page:
 
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Click <strong>OK</strong> in the pop-up  [[File:Document_is_checked_in_successfully.png|link=]]</li>
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5. Click <strong>OK</strong> in the pop-up  [[File:Document_is_checked_in_successfully.png|link=]]
 
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Close the <strong>amending provision</strong> window and go back to the Editorial Site to check the amendment in [[Editorial_Update/Textual_Amendments/Substitutions/Provision_Level_Substitutions#Preview_the_amendment_from_the_Update_Details_page|Step Four]] (leaving XMetaL open if you have more update to do after this amendment).</li></ol>
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6. Close the <strong>amending provision</strong> window and go back to the Editorial Site to check the amendment in [[Editorial_Update/Textual_Amendments/Substitutions/Provision_Level_Substitutions#Preview_the_amendment_from_the_Update_Details_page|Step Four]] (leaving XMetaL open if you have more update to do after this amendment).
 
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Revision as of 10:58, 29 February 2024

OVERVIEW

Substitution of words

Whole extent - wholly in force

https://www.legislation.gov.uk/uksi/2020/1045/regulation/3/2021-03-29 

Provision Level Substitutions 1a.png

Provision Level Substitutions 2a.png
How to carry out a substitution of words

Whole extent - partially in force

See retained text substitution of words in 2014 c. 12, Sch. 8 para 3(2). 

Substitution of Words 1a.png

Provision Level Substitutions 4.png

Note: The first set of words in brackets is the retained text and the second set of words is the substituted text (for specified purposes).

How to carry out a substitution of words

Limited extent - wholly in force

https://www.legislation.gov.uk/ukpga/2009/23/section/85/2015-03-12 

Provision Level Substitutions LE1.png

Note: The first set of words is the original text that has been retained and the second set of words is the substituted text for E.W. only.

How to carry out a substitution of words

Substitution of a provision or sub-provision

Whole extent - wholly in force

https://www.legislation.gov.uk/ukpga/2009/1/section/8 

Provision Level Substitutions 7.png
How to carry out the substitution of a provision or sub-provision

Whole extent - partially in force

https://www.legislation.gov.uk/uksi/2010/2214/regulation/23/2013-01-09 

Provision Level Substitutions 3.png
How to carry out the substitution of a provision or sub-provision

Limited extent - wholly in force

Limited extent substitution of a sub-provision

Retained text subprov substitution.png 

S. 33(3) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 59(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Note: For limited extent whole provision substitutions, it may not be possible to carry out a limited extent amendment without creating concurrent versions. Speak to a Review Editor for advice in this situation.

How to carry out the substitution of a provision or sub-provision

IN MORE DETAIL

Related reading: Approach to Update - Some Basic Rules and Exceptions, Specific Update Issues, Update Troubleshooting, Limited extent amendments, Applying partially in force amendments which are then brought further into force over time, Update Editor Checklist

Important considerations

Before you commit yourself to carrying out your amendment, make sure that you have considered all the factors that will influence how you carry it out.

The effects spreadsheet that you download at the start of the update task contains all the information that was recorded for the effect you are applying. You should check the TOES data for your amendment before you start. In particular, check the Comments for Editor to see if there is anything unusual about the effect that you need to be aware of, or if the amendment text contains power. Also look at the commencement details of the affecting document and look at the affecting provision itself.

Questions to consider:

Is the effect wholly in force or partially in force? Is it whole or limited extent? Has your affecting provision itself been amended by an amendment to earlier affecting provision effect? Is there an appended commentary for the effect? Is your effect a knock-on effect? Does your inserted text contain power? Are there any savings or transitional provisions?

The answers to these questions will inform how you carry out the amendment, whether you need to amend any of the attributes of the provision you are amending, also what the annotation that the Editorial System generates will look like and whether there are any amendments you might need to make to this annotation.

Use the Update Editor Checklist to make sure that you have researched everything you need to before you carry out your amendment and refer back to it throughout the task, particularly when you check the amendment in XMetaL and preview your amendment.

The following pages also give useful guidance that will help if you are not sure how carry out your amendment:

Limited extent amendments

The Editorial System flags possible limited extent amendments with the following message:

Limited extent warning message 2.png

The extent of the affected and affecting provision is highlighted in red. You can also view the extent/TA in the effects spreadsheet that can be downloaded from the Starting Update Page.

To decide whether or not you need to make your amendment as a limited extent amendment, follow the decision-making process described in the Decision tree for deciding what is a limited extent amendment on the Limited Extent Amendments page, where you may also need to consider creating a concurrent version of the provision.

If, after making all the considerations outlined above, you decide that the amendment is indeed a limited extent amendment, when you get to Step Two, follow the method outlined in Step Two – limited extent (the other steps remain the same).

Partially in force amendments

Amendments are not always brought wholly into force at once, frequently they are brought into force gradually over two or more points in time (PiTs). This is described in more detail in the section on Partially in force amendments on the Applying partially in force amendments which are then brought further into force over time page.

If an amendment has been brought into force for specified purposes only, the commencement “for specified purposes” will get added after the in force date when the annotation is generated.

See the examples in the Overview: Insertion of words - whole extent - partially in force and Insertion of a sub-provision - whole extent - partially in force.

To read more about how partially in force amendments get brought further into force over time, see What happens when an amendment comes further, or fully into force?.

Qualifications to the type of effect

Note that an amendment can be wholly in force but made for specified purposes only, in which case the existing text will also need to be retained when you carry out the substitution, and the qualification “for specified purposes” will appear after the type of effect in the annotation when the substitution is carried out. For example: 

Words in reg. 11(3) substituted for specified purposes (31.12.2020) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 12(5)

Update process

In these instructions, the update process has been broken down into four steps, Steps 1-3 are carried out in XMetaL and Step 4 on the Editorial site after check-in. Steps 1 and 2 are explained separately for insertions of words and sub-provisions (and Step 2 is further subdivided into whole extent (wholly in force or partially in force) and limited extent). The checks made in Steps 3 and 4 are the same, whichever route you take to get there.

Carrying out and checking the amendment in XMetaL: 

Step One - preparing to carry out the amendment in XMetaL

Step Two - selecting the correct XMetaL Legislation menu option to carry out the amendment

Step Three - checking the amendment in XMetaL

Checking the amendment in the Editorial System: 

Step Four - preview the amendment from the Update Details page

Things to remember

The Specific Update Issues guidance includes some general Editorial Update reminders to be aware of before you carry out your amendment. Also included is information on how amendments are presented. Note, in particular, the details of tagging that may need to be removed from amendment text, to prevent formatting errors.

See also the advice on how to approach more unusual types of amendment, and Approach to Update - Some Basic Rules and Exceptions.

Carrying out a substitution of words in XMetaL

The amendment of the data is carried out in XMetaL and the instructions that follow assume that you have checked out the relevant provision that is to be amended, that you have set up your XMetaL workspace, and that you are now ready to carry out the amendment. For guidance on the steps required to reach this point, see Starting Update Tasks.

Notes:

  • When you are substituting words, any commentary reference included in the existing text you highlight will be removed automatically when the text is substituted, and if this commentary reference relates to a single annotation then that annotation will also be removed automatically on check-in.
  • Occasionally there may be multiple substitutions of the same words throughout a provision. As long as the same task in the Resource Manager window is highlighted on each occasion, it is possible to carry out the same substitution of words and generate the same commentary reference (linking to the same annotation) each time, without any unnecessary new footnote references or annotations also being created.
Step One
  1. In the amending provision window:
    • Read what the amendment is and where in the amended provision it is to be made.
    • Highlight and copy the word or words (including punctuation) to be substituted. You can right-click and copy or use the standard ‘edit’ and ‘copy’ menu options from the menu bar.

  2. In the amended provision window, highlight the existing text that is to be substituted.

  3. In the Resource Manager window single click on the task to highlight it.

  4. Your next action will be determined by whether the amendment covers the whole extent and is wholly in force or is for a limited extent, or whether it needs to be a retained text substitution (e.g. In Force Date Qualification ‘for specified purposes’ or type of effect ‘substituted for specified purposes’), consequently Step Two is described separately for each of these scenarios.
Whole substitution
Step Two - whole extent and wholly in force substitution of words

On the menu bar at the top of the page select Legislation - Textual Amendments - Substitution. This will:

  • Automatically substitute the new word or words for the existing text, bracketed by opening <ukl:Substitution> and closing </ukl:Substitution> tags in the amended provision.
  • Automatically insert the annotation for this amendment at the end of the amended provision, e.g.
Words in sch. 1 substituted (28.11.2018) by The Budget (Scotland) Act 2018 Amendment Regulations 2018 (S.S.I. 2018/363), regs. 1(1), 3(2)(d)(i)
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.


Once the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of previewing the amendment from the Update Details page (Step Four).

Limited extent substitution
Step Two - limited extent substitution of words

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Substitution. In the pop-up XMetaL Author Essential, check the Extent entered is correct and click OK. This will:

  • In the amended provision, retain the existing word or words, bracketed by opening <repeal> and closing </repeal> tags, and next to this insert the new word or words, bracketed by opening <addition> and closing </addition> tags.
  • Automatically insert the annotation for this amendment at the end of the amended provision, including the limited extent in brackets after the effect, e.g.
Words in Sch. 1 para. 6 substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 1 para. 20(b) (with regs. 1(3), 77-79, Sch. 4)
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.


Once the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of previewing the amendment from the Update Details page (Step Four).

See the Overview for an example of a limited extent substitution of words. Further reading on limited extent amendments can be found here.

WARNING: There is a bug in the limited extent amendment code that means that limited extent amendments to headings results in false E-notes being created - look out for this and remove any false E-notes.


Retained text substitution

If your amendment is not ‘wholly in force’ and has a different type of In Force Date Qualification, e.g. ‘for specified purposes’, or the effect itself is qualified in some way e.g. ‘substituted for specified purposes’, you may need to carry out a retained text substitution to make sure that the existing word or words are retained alongside the newly substituted word or words.

For further guidance on retaining text for partially in force amendments see partially in force amendments. Check with a Review Editor if the amendment is not straightforward and you are not sure whether to retain text or not.

Step Two - retained text substitution of words

On the menu bar at the top of the page click Legislation - Textual Amendments - Substitution Retain Text. This will:

  • Retain the existing word or words, bracketed by opening <repeal> and closing </repeal> tags, and insert the new wording, bracketed by opening <addition> and closing </addition> tags.
  • Automatically insert the annotation for this amendment at the end of the amended provision, including the In Force Date Qualification (for partially in force amendments), e.g.
Words in Sch. 7 para. 5(7) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 122(3)
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.


Once the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of previewing the amendment from the Update Details page (Step Four).

See the Overview for an example of a substitution of words for specified purposes.

See Applying partially in force amendments which are then brought further into force over time for more details about substitutions that are brought further into force over time where text may need to be retained.

Carrying out the substitution of a provision or sub-provision in XMetaL

If your substitution involves unequal substitution of whole provisions, you should follow the instructions in Higher Level Substitutions, as you will need to have checked out the parent level of the provision.

The amendment of the data is carried out in XMetaL and the instructions that follow assume that you have checked out the relevant provision that is to be amended, that you have set up your XMetaL workspace, and that you are now ready to carry out the amendment. For guidance on the steps required to reach this point, see Starting Update Tasks.

Step One
  1. In the amended provision window:
    • Check if there are any annotation references relating to the provision or sub-provision to be substituted appearing in front of the provision number and if so, check if the annotation reference is for a textual amendment (F-note), a non-textual amendment (C-note), or contains the commencement information (I-note):

    C-notes: When a whole provision or sub-provision is substituted, the existing C-notes do not necessarily become redundant. If the affecting legislation giving rise to the C-note has been repealed or revoked then they should be removed.

    F-notes and I-notes: Where they are present, these will usually need removing if the provision is being substituted after it has come into force.

    Before removing any annotation references, read the annotations first to ensure they will no longer apply after the substitution is completed. If in doubt about removing annotation references, seek advice from a Review Editor.

    Example of a C-note that can be removed

    1993 c. 43, s. 6(1A) is substituted (31.1.2022 at 11.00 p.m.) by The Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021 (S.I. 2021/1105), regs. 1(3), 10(2)(a):

    https://www.legislation.gov.uk/ukpga/1993/43/section/6

    At the previous point in time, s. 6(1A) had a C-note attached to it as follows:

    https://www.legislation.gov.uk/ukpga/1993/43/section/6/2021-02-11 

    S. 6(1A) modified (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 41; 2020 c. 1, Sch. 5 para. 1(1)

    S.I. 2019/700, reg. 41 modifies s. 6(1A) so that “a railway undertaking licence granted pursuant to the 2005 Regulations includes a reference to, or applies to, a relevant European licence”:

    https://www.legislation.gov.uk/uksi/2019/700/regulation/41

    The C-note was removed when we substituted s. 6(1A), because the new s. 6(1A) together with the change to s. 6(2) provides textually for the inclusion of a relevant European licence. Also, the modification in S.I. 2019/700, reg. 41 lasted only “For the period of 2 years beginning with exit day” and as exit day was 31.1.2020 at 11 pm, the modification expired on 31.1.2022 at 11 pm (the precise time of the substitution of s. 6(1A)).


  2. In the amending provision window:
    • Read what the amendment is and where in the amended provision it is to be made.

    Note on headings: If the provision heading is also substituted as part of the substitution, this will need to be done separately. First carry out the substitution for the provision and then substitute the new heading for the old in the ukl:title tags (you can copy and paste). You will then need to drag the opening ukl:Substitution tag to the beginning of the heading (see example). If you are carrying out a limited extent or retained text substitution, you will also need to carry out the amendment separately for the heading using the same task (however this time you will need to do a limited or retained text substitution of words in the old heading for the new) and the provision. The old and new heading text should then be displayed side by side after you have carried out the relevant amendment (see example).

    • Select the appropriate <ukl:P#para> tag to highlight and copy the provision/sub-provision to be substituted:

    Provision: <ukl:P1para>

    Sub-Provision: <ukl:P2para>

    Sub-sub-provision: <ukl:P3para>

    Note: ensure all the text including punctuation within the <ukl:P#para> tags is highlighted BUT NOT the provision number (enclosed in <ukl:Pnumber> tags):

    Substitution of Provision image 1.jpg


    You can right-click and copy or use the standard ‘edit’ and ‘copy’ menu options from the menu bar.

  3. In the amended provision, highlight the relevant <ukl:P1para>, <ukl:P2para> or <ukl:P3para> tag for the provision or sub-provision that is to be substituted.

  4. Single click on the task to highlight it in the Resource Manager window.

  5. Your next action will be determined by whether the amendment covers the whole extent and is wholly in force or is for a limited extent, or whether it needs to be a retained text substitution (e.g. In Force Date Qualification 'for specified purposes'), consequently Step Two is described separately for each of these scenarios.


Whole substitution
Step Two - whole extent and wholly in force substitution of a sub-provision

On the menu bar at the top of the page select Legislation - Textual Amendments - Substitution. This will:

  • Automatically substitute the provision/sub-provision, bracketed by opening <ukl:Substitution> and closing </ukl:Substitution> tags in the amended provision.
  • Automatically insert the annotation for this amendment at the end of the amended provision, e.g.
S. 5(3) substituted (1.3.2004) by Health and Education Act 2003 (c. 90), s. 130, Sch. 18 para. 8
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.


Once the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of previewing the amendment from the Update Details page (Step Four).

Limited extent substitution

For limited extent whole provision substitutions, it may not be possible to carry out a limited extent amendment without creating concurrent versions. You should follow the guidance on the Limited Extent amendments page on deciding whether to create a concurrent version.

If you do need to carry out a limited extent substitution of a whole provision and you are not creating a concurrent version, it is possible to do a limited extent substitution of <ukl:P1para> tags and display both versions within the same provision, see an example here:

https://www.legislation.gov.uk/ukpga/1985/50/section/1/2023-02-06

WARNING: You should not try to substitute at <ukl:P1> or <ukl:P1group> tagging levels because this is the level that contains the identifiers and other attributes. You should also not attempt to create multiple versions of a whole provision, by inserting the substituted version as a new provision, as this will cause update errors.

For a limited extent substitution of a sub-provision that doesn't require the creation of a concurrent version, you can carry out a limited extent substitution having selected the relevant <ukl:P2> or <ukl:P3> tagging (as described in Step One above, although note this is slightly different to the description in Step One where <ukl:P#para> tags are selected for whole extent and wholly in force substitutions of sub-provisions. Note that if you were to carry out a limited extent sub-provision substitution on the <ukl:P#para> tags, you would also need to create the <ukl:P#> tagging for the substituted version after carrying out the substitution).

Once you have selected the relevant <ukl:P2> or <ukl:P3> tagging and copied it, proceed as follows:

Step Two - limited extent substitution of a sub-provision

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Substitution. In the pop-up 'XMetaL Author Essential', check the Extent entered is correct and click OK, e.g.:

LE subprovision subs 2.png



The Editorial System will automatically retain the existing <ukl:P2> or <ukl:P3> tagging, surrounded by opening <Repeal> and closing </Repeal> tags containing the opening and closing square brackets for the retained text, and insert after this the substituted <ukl:P2> or <ukl:P3> tagging, surrounded by by opening <Addition> and closing </Addition> tags containing the opening and closing square brackets for the substituted version of the sub-provision, for example:

LE subprovision subs 3.png



The Editorial System will also automatically insert the annotation for this amendment at the end of the amended provision, including the limited extent in brackets after the effect and generate a green tick next to the task in the Resource Manager window to show that it has been completed.

Once the amendment has been made, the cursor will be situated at the point the annotation was inserted in the amended provision window and you will need to scroll back up to the newly substituted sub-provision. There are now two versions of the sub-provision when you preview your amendment, each with its own set of square brackets and F-note reference:

LE subprovision subs 4.png



The annotation should read, for example: 

Reg. 33(1) substituted (E.W.S.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 59(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1


Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of previewing the amendment from the Update Details page (Step Four).

See the Overview for an example of a limited extent substitution of a sub-provision and further reading on limited extent amendments can be found here.

Retained text substitution

If your amendment is not ‘wholly in force’ and has a different type of In Force Date Qualification, e.g. ‘for specified purposes’, or the effect itself is qualified in some way, e.g. ‘substituted for specified purposes’ you may need to consider carrying out a retained text substitution so that the existing provision/sub-provision is retained alongside the newly substituted provision/sub-provision; however this is not always straightforward and may not always be possible, so check with a Review Editor if you are not sure. For further guidance on retaining text for partially in force amendments see Applying partially in force amendments which are then brought further into force over time - Partially in force amendments.

See an example of a retained text whole provision substitution here: https://www.legislation.gov.uk/uksi/2010/2214/regulation/23/2013-01-09.

For a retained text substitution of a sub-provision, you can carry out a limited extent substitution having selected the relevant <ukl:P2> or <ukl:P3> tagging (as described in Step One above, although note this is slightly different to the description in Step One where <ukl:P#para> tags are selected for whole extent and wholly in force substitutions of sub-provisions. Note that if you were to carry out a limited extent sub-provision substitution on the <ukl:P#para> tags, you would also need to create the <ukl:P#> tagging for the substituted version after carrying out the substitution).

Step Two - retained text substitution of a sub-provision

On the menu bar at the top of the page click Legislation - Textual Amendments - Substitution Retain Text.

The Editorial System will automatically retain the existing <ukl:P2> or <ukl:P3> tagging, surrounded by opening <Repeal> and closing </Repeal> tags containing the opening and closing square brackets for the retained text, and insert after this the substituted <ukl:P2> or <ukl:P3> tagging, surrounded by by opening <Addition> and closing </Addition> tags containing the opening and closing square brackets for the substituted version of the sub-provision, for example:

LE subprovision subs 3.png



The Editorial System will also automatically insert the annotation for this amendment at the end of the amended provision and generate a green tick next to the task in the Resource Manager window to show that it has been completed.

Once the amendment has been made, the cursor will be situated at the point the annotation was inserted in the amended provision window and you will need to scroll back up to the newly substituted sub-provision.


There are now two versions of the sub-provision when you preview your amendment, each with its own set of square brackets and F-note reference:

Provision Level Substitutions SP12.png



The annotation should read, for example: 

Sch. 8 para. 33(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 163(3), 183(1)(5)(e)



Once the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of previewing the amendment from the Update Details page (Step Four).

Check the amendment in XMetaL

Step Three


1. Whilst still in XMetaL, you need to check that the amendment has been carried out correctly and that the annotation is accurate and complete by carrying out all the checks detailed in the Update Editor Checklist.



2. Remember to move the opening square bracket if you substituted a provision or a sub-provision

If you substituted a whole provision, the opening bracket for the substitution will automatically be positioned within the ukl:Pnumber tag before the first sub-provision number inside the ukl:P1para tagging. You need to adjust the position of the opening bracket to include the provision number by moving (by clicking on the tag and dragging it) the opening ukl:Substitution tag to just before the provision number within the ukl:Pnumber of the provision. If your substitution also included the provision heading, you need to adjust the position of the opening bracket to include that, e.g.

Original location of ukl:Substitution tag:

Substitution of provision 3.png

Tag is moved to beginning of ukl:Title tag so that the whole amendment will be contained within brackets: Substitution of provision 4.png



Similarly, if you substituted a sub-provision, the opening bracket for the substitution will automatically be positioned just inside the first ukl:Text tag of the ukl:P2para or ukl:P3para tagging that you selected. You need to adjust the position of the opening bracket to include the sub-provision number by moving (by clicking on the tag and dragging it) the opening ukl:Substitution tag to just before the sub-provision number within the relevant ukl:Pnumber tag.

3. Remember to check that the extent of your substituted provision is correct. If the RestrictExtent attribute is blank, the provision will inherit the extent of the parent into which it has been substituted so you need to check that this is correct. See more on the RestrictExtent Attribute.

4. Once you are satisfied that the amendment is correct and complete, select Legislation - Check In on the menu bar at the top of the page:

Check in.png


5. Click OK in the pop-up Document is checked in successfully.png

6. Close the amending provision window and go back to the Editorial Site to check the amendment in Step Four (leaving XMetaL open if you have more update to do after this amendment).

Preview the amendment from the Update Details page

Step Four
  1. Return to the Update Details page and refresh the page by pressing CTRL and F5. The Edit Status should change to Edit Complete.

  2. If there was anything unusual about the amendment that you need to draw to the attention of the review editor, you can add a note by clicking on the note icon to the right of the edit status.

  3. View your amendment by selecting the Newly Edited Version tab (to see the provision text and a summary of the provision attributes) or the Preview Legislation button (to see a website Preview of the provision).

    Tip: If you need to check any of the attributes of the provision you have amended, this can easily be done by selecting the Newly Edited Version tab where you will see the relevant attributes of your provision listed.

  4. Carry out all the checks detailed in the Update Editor Checklist, to make sure that the amendment is accurate and complete.

  5. If you need to make any corrections to the amendment, check the provision back out and make any changes as necessary in XMetaL before checking the provision back in and previewing the provision again. Note that if you only need to correct an annotation, you can click on the Edit button to the right of the annotation in Preview to edit it without having to check the provision out again in XMetaL.

  6. Once you have finished checking the amendment on the Editorial Site, the update task will be complete and you can move on to your next update task.

SCENARIOS

See also Specific Update Issues.

Unequal substitution of sub-provisions

If your substitution involves unequal substitution of whole provisions, you should follow the instructions on the Higher Level Substitutions page, as you will need to have checked out the parent level of the provision.

More for less

More for less sub-provision substitutions occur when the substitution results in more sub-provisions than there were previously, such as new sub-provisions (a)-(c) in place of the existing (a) sub-provision.

To carry out this type of amendment, substitute the existing sub-provision in the amended provision with the new version from the amending provision. Then, copy and paste the new subs-provisions from the amending provision after the newly substituted sub-provision in the amended provision. Finally, in the amended sub-provision select the closing </ukl:Substitution> tag which sits before the closing <ukl:text> tag and cut and paste (or drag) it so it sits just before the closing </ukl:text> tag of the last new sub-provision.

Less for more

Less for more sub-provision substitutions occur when the substitution results in fewer sub-provisions than there were previously, such as a new sub-provision (a) substituted in place of the amended provision’s existing (a)-(c) sub-provisions.

To carry out this type of amendment, substitute in the new sub-provision which has the same number/letter as the existing sub-provision. Then, for the sub-provision(s) which are to be substituted out, delete the sub-provision <ukl:P2>, <ukl:P3> or <ukl:P4> tagging (which will completely remove the sub-provision(s)).

Note: This method differs from the whole provision level 'less for more' substitution method, which repeals the provisions to be substituted out, leaving the provision number and a dotted line.

Example of a less for more substitution of a sub-provision

Amendment: 2004 c. 33, Sch. 2 para. 15(1)(c) substituted for Sch. 2 para. 15(1)(b)(c) by 2013 c. 2, Sch. 11 para. 168(2)(b)

Instructions: Carry out substitution of para. 15(1)(c) and then delete the <P3> tagging for para. 15(1)(b) so that sub-paragraph (b) is completely removed.

Result: See 2004 c. 33, Sch. 2 para. 15(1)

Sub-provisions substituted for words

Amendment: 2008 c. 17, s. 178(3)(a)(b) substituted for words by 2011 c. 20, Sch. 19 para. 54

Instructions: In XMetaL, using the Element List, two sets of empty ukl:P3 tagging, i.e.

ukl:P3
 ukl:Pnumber
 /ukl:Pnumber
 ukl:P3para
  ukl:Text
  /ukl:Text
 /ukl:P3para
/ukl:P3

were inserted within the existing ukl:P2 tagging of s. 178(3) and the text for these sub-provisions was copied from the amending provision into the empty ukl:Text tagging for sub-paragraphs (a) and (b). To generate the square brackets and the annotation for this amendment, the words "to the HCA." were substituted with the em dash from the amending provision using the relevant substitution task in the Resource Manager. The closing square bracket was then moved to the end of the text in sub-paragraph (b).

Before: Provision Level Substitutions 9.png

After: Provision Level Substitutions 8.png


Result: See 2008 c. 17, s. 178

RELATED PAGES


Approach, errors and troubleshooting:

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