Difference between revisions of "Editorial Update/Affected Extent Research"

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The Affected Extent Research task is a task we need to do on Acts prior to its being updated online. The main aim of the task is to establish whether or not any of the amendments have a narrower extent than that of the affected provision and therefore needs to be treated as a limited extent amendment.
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Affected Extent Research needs to be done before an Act can be updated online. The main aim of the research is to establish whether any of the amendments have a narrower extent than that of the affected provision and therefore need to be treated as limited extent amendments.
  
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<strong>Note:  If when you start this task the affecting extent documented in the spreadsheet is UK or 'same as affected' you do not need to complete the Affected Extent Research task for the document. It can be skipped.</strong>
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<strong>Note:  You can skip this research if the affecting extent document in the spreadsheet is marked as 'UK' or 'same as affected'.</strong>
  
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Just as during the Record Effects and Effects Research tasks, we research the extent and territorial application of the affecting provisions that are contained in affecting legislation. This means we also need to investigate the extent and territorial application of the affected provisions contained in each affected Act.
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Affected Extent Research involves researching the extent and territorial application of the affecting provisions that are contained in the affecting legislation. It also involves investigating the extent and territorial application of the affected provisions contained in each affected Act.
  
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Where an Act has not been revised this is quite a straight forward task. You just need to identify the Act’s extent provisions and follow their instructions.
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Where an Act has not been revised this is quite a straight forward task. You just need to identify the Act’s extent provisions and follow their instructions.
  
 
However, where an Act has been revised, the applied amendments may have changed where the provisions now extend to (or where they now apply):
 
However, where an Act has been revised, the applied amendments may have changed where the provisions now extend to (or where they now apply):
 
* New provisions may have been inserted or substituted with wider or narrower extents than the original provisions.
 
* New provisions may have been inserted or substituted with wider or narrower extents than the original provisions.
 
* Provisions may have been partly repealed and no longer extend as widely as before.
 
* Provisions may have been partly repealed and no longer extend as widely as before.
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* Non-textual amendments may have “extended” the existing provisions to new geographical extents.
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* Non-textual amendments may have 'extended' the existing provisions to new geographical extents.
 
* The original extent provisions may themselves have been altered thus affecting the extent of a portion of or indeed the whole Act.
 
* The original extent provisions may themselves have been altered thus affecting the extent of a portion of or indeed the whole Act.
  
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Remember, just as when we investigate affecting provisions in the Extended Tables of Effect, it is not enough to identify the extent of the whole provision. You must look at the precise extent of the sub-provision which actually contains the effect and be as “granular” as possible - reach down to the precise extent of the lowest sub-provision that is actually affected.
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It is not enough to identify the extent of the whole provision. You must look at the precise extent of the sub-provision which actually contains the effect. Be as “granular” as possible. Reach down to the precise extent of the lowest sub-provision that is actually affected.
  
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So, when doing the Affected Extent Research task you must provide the extent/territorial application situation for affected provisions of the latest version of the Act down to their lowest numbered affected provision level.  The easiest way to find this out is to look at the latest version of the Act on legislation.gov.uk or, if you have access to it, on ActiveText.
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So, when doing the Affected Extent Research task you must provide the extent/territorial application for affected provisions of the latest version of the Act, down to their lowest numbered affected provision level.  The easiest way to find this out is to look at the latest version of the Act on legislation.gov.uk or, if you have access to it, on ActiveText. You need to download the Affected Extent spreadsheet from the online system, fill in the relevant extent and territorial application values and then upload the completed spreadsheet.
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In order to do this you will need to download a spreadsheet (the Affected Extent spreadsheet) from the online system, fill in the relevant extent and territorial application values and then upload the completed spreadsheet.<strong>insert image</strong>
 
  
 
When you download the Affected Extent spreadsheet there are three columns you need to fill in:
 
When you download the Affected Extent spreadsheet there are three columns you need to fill in:
  
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<strong>Affected Extent</strong> – use this column to record the extent value of the provision itself (so it may also be referred to as the Affected Provision Extent column).  There is a dropdown menu in each cell you can use to select the appropriate extent value.
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<ol><li><strong>Affected Extent</strong> Use this column to record the extent value of the provision itself (some people refer to it as the 'Affected Provision Extent column').  Use the dropdown menu in each cell to select the appropriate extent value.<li><strong>Affected Effects Extent</strong> Use this column to enter the extent value for any <u>effects</u> that an affected provision may contain. For example, a provision may extend to EWS (the Affected Extent value), but it may contain amendments to other legislation which are said to extend only to EW or to have the same extent as the provisions they amend (i.e. 'Same as affected').  This is its <u>Affected Effects Extent</u> value. 
  
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<strong>Affected Effects Extent</strong> – use this column to enter the extent value for any <u>effects</u> that an affected provision may contain.  For example, a provision may extend to EWS (which would be its Affected Extent value), but it may contain amendments to other legislation which are said to extend only to EW or to have the same extent as the provisions they amend (i.e. Same as affected).  This is its <u>Affected Effects Extent</u> value.  You only need to enter this value if the Affected Effects Extent is different from the Affected Provision Extent. Please note that you don’t need to check that the affected provision actually contains amendments. The extent provisions of the Act will explicitly state that the amendments contained in specified provisions have a different extent from the provisions containing them (in which case you can enter this value against the specific affected provision(s)). Or they will make a general statement to the effect that all amendments and repeals made by the Act (or a part of the Act) have the same extent as the provisions they amend or repeal (in which case you can enter “Same as affected” against all affected provisions or all affected provisions contained in the relevant part).
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You only need to enter this value if the Affected Effects Extent is different from the Affected Provision Extent. You don’t need to check that the affected provision actually contains amendments. Sometimes the extent provisions of the Act will explicitly state that the amendments contained in specified provisions have a different extent from the provisions containing them. You can then enter this value against the specific affected provision(s)). Othwerwise, they will make a general statement to the effect that all amendments and repeals made by the Act (or a part of the Act) have the same extent as the provisions they amend or repeal. You can then enter “Same as affected” against all affected provisions or all affected provisions contained in the relevant part).<li><strong>Affected Territorial Application</strong> Use this column to record the territorial application value of an affected provision where it has been explicitly stated in the affected Act.  This is very rare in primary legislation, but will occur more often when we move to update specific secondary legislation.</li></ol>
  
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<strong>Affected Territorial Application</strong> – use this column to record the territorial application value of an affected provision where it has been explicitly stated in the affected Act.  This is very rare in primary legislation, but will occur more often where we have decided to update specific secondary legislation.
 
  
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<strong>Step by Step Guide</strong>
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<strong>Step by Step Guide to completing Affected Extent Research</strong>
  
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Here's what you need to do to complete the the Affected Extent Research task:
 
  
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<ol><li> Select the Affected Extent Research task by clicking on it in My Current Work.</li>
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<ol><li> Select the <code>Affected Extent Research</code> task by clicking on it in <code>My Current Work</code>.</li>
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<li> Click on the Start Task button in the task landing page.  This will take you to stage 1 of the task, Download Effects Spreadsheet.</li>
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<li> Click on the <code>Start Task</code> button in the task landing page.  This will take you to stage 1 of the task: <code>Download Effects Spreadsheet</code>.</li>
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<li> Click on the Download file button to download a spreadsheet containing the affected provisions for the update Act.</li>
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<li> Click on the <code>Download file</code> button to download a spreadsheet containing the affected provisions for the update Act.</li>
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<li> Save the spreadsheet to My Documents on the C: drive of your computer.</li>
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<li> Save the spreadsheet to <code>My Documents</code> on the C: drive of your computer.</li>
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<li> Investigate and input the Affected Extent, Affected Effects Extent (if any) and Affected Territorial Application (if any) for each affected provision. The easiest way to find this out is to look at the latest version of the Act on legislation.gov.uk or, if you have access to it, on ActiveText:
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<li> Investigate and input the Affected Extent, Affected Effects Extent (if any) and Affected Territorial Application (if any) for each affected provision. The easiest way to find this out is to look at the latest version of the Act on legislation.gov.uk or, if you have access to it, on ActiveText:
  
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* Check the extent provisions of the Act. Remember there may be more than one of these.  There is normally a main extent provision at the end of the Act, but perhaps there may be one at the beginning or end of the Part or Chapter that contains the affecting provision or even in the provision itself.  Also, bear in mind that the extent provisions themselves may have been amended.
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* Check the extent provisions of the Act. Remember there may be more than one of these.  There is normally a main extent provision at the end of the Act. But there may also be one at the beginning or end of the Part or Chapter that contains the affecting provision, or even one in the provision itself.  Also, bear in mind that the extent provisions themselves may have been amended.
 
* If you have access, you may find it useful to look at the marked up hard copy legislation or the scanned version of that mark up.
 
* If you have access, you may find it useful to look at the marked up hard copy legislation or the scanned version of that mark up.
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* If you have access, you may find it useful to View Attributes in ActiveText.  But remember that when we set the attributes of Acts during Initial Edit we work at whole provision level and we therefore set the extent to the widest extent of that provision’s sub-provisions.  We cannot therefore rely on these attributes to find out the extent of a particular sub-provision, which may in fact be narrower than that of the whole provision.
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* If you have access, you may find it useful to <code>View Attributes</code> in ActiveText.  But remember that when we set the attributes of Acts during Initial Edit we work at whole provision level. We therefore set the extent to the widest extent of that provision’s sub-provisions.  We cannot therefore rely on these attributes to find out the extent of a particular sub-provision, which may be narrower than that of the whole provision.
 
* If the above two options aren’t available, you will have to rely on the Act as it appears in legislation.gov.uk.  The same caveat applies here as above.
 
* If the above two options aren’t available, you will have to rely on the Act as it appears in legislation.gov.uk.  The same caveat applies here as above.
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* Open the Act completely in legislation.gov.uk and tick the box marked “Show Geographical Extent” in the Advanced Features area on the left of the screen.
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* Open the Act completely in legislation.gov.uk and tick the box marked <code>Show Geographical Extent</code> in the <code>Advanced Features</code> area on the left of the screen.
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* For each affected provision check that the original extent value has not been altered by subsequent textual amendments with wider or narrower extent.
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* For each affected provision, check that the original extent value has not been altered by subsequent textual amendments with wider or narrower extent.
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* For each affected provision check that the original extent value has not been altered by subsequent non-textual amendments which extend that provision to wider extents.</li>
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* For each affected provision, check that the original extent value has not been altered by subsequent non-textual amendments which extend that provision to wider extents.</li>
  
 
<li> Make sure you save your changes to the completed spreadsheet.</li>
 
<li> Make sure you save your changes to the completed spreadsheet.</li>
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<li> Click Next stage top go through to stage 2, Upload Effects Spreadsheet.</li>
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<li> Click <code>Next stage</code> to go through to stage 2: <code>Upload Effects Spreadsheet</code>.</li>
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<li> Click on the Browse button and select your saved spreadsheet and click Open.</li>
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<li> Click on the <code>Browse</code> button and select your saved spreadsheet and click <code>Open</code>.</li>
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<li> Click on the Upload button to upload your spreadsheet to the online system ready for review.</li></ol>
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<li> Click on the <code>Upload</code> button to upload your spreadsheet to the online system ready for review.</li></ol>

Revision as of 14:39, 1 October 2015

Affected Extent Research needs to be done before an Act can be updated online. The main aim of the research is to establish whether any of the amendments have a narrower extent than that of the affected provision and therefore need to be treated as limited extent amendments.

Note: You can skip this research if the affecting extent document in the spreadsheet is marked as 'UK' or 'same as affected'.

Affected Extent Research involves researching the extent and territorial application of the affecting provisions that are contained in the affecting legislation. It also involves investigating the extent and territorial application of the affected provisions contained in each affected Act.

Where an Act has not been revised this is quite a straight forward task. You just need to identify the Act’s extent provisions and follow their instructions.

However, where an Act has been revised, the applied amendments may have changed where the provisions now extend to (or where they now apply):

  • New provisions may have been inserted or substituted with wider or narrower extents than the original provisions.
  • Provisions may have been partly repealed and no longer extend as widely as before.
  • Non-textual amendments may have 'extended' the existing provisions to new geographical extents.
  • The original extent provisions may themselves have been altered thus affecting the extent of a portion of or indeed the whole Act.

It is not enough to identify the extent of the whole provision. You must look at the precise extent of the sub-provision which actually contains the effect. Be as “granular” as possible. Reach down to the precise extent of the lowest sub-provision that is actually affected.

So, when doing the Affected Extent Research task you must provide the extent/territorial application for affected provisions of the latest version of the Act, down to their lowest numbered affected provision level. The easiest way to find this out is to look at the latest version of the Act on legislation.gov.uk or, if you have access to it, on ActiveText. You need to download the Affected Extent spreadsheet from the online system, fill in the relevant extent and territorial application values and then upload the completed spreadsheet.

When you download the Affected Extent spreadsheet there are three columns you need to fill in:

  1. Affected Extent Use this column to record the extent value of the provision itself (some people refer to it as the 'Affected Provision Extent column'). Use the dropdown menu in each cell to select the appropriate extent value.
  2. Affected Effects Extent Use this column to enter the extent value for any effects that an affected provision may contain. For example, a provision may extend to EWS (the Affected Extent value), but it may contain amendments to other legislation which are said to extend only to EW or to have the same extent as the provisions they amend (i.e. 'Same as affected'). This is its Affected Effects Extent value. You only need to enter this value if the Affected Effects Extent is different from the Affected Provision Extent. You don’t need to check that the affected provision actually contains amendments. Sometimes the extent provisions of the Act will explicitly state that the amendments contained in specified provisions have a different extent from the provisions containing them. You can then enter this value against the specific affected provision(s)). Othwerwise, they will make a general statement to the effect that all amendments and repeals made by the Act (or a part of the Act) have the same extent as the provisions they amend or repeal. You can then enter “Same as affected” against all affected provisions or all affected provisions contained in the relevant part).
  3. Affected Territorial Application Use this column to record the territorial application value of an affected provision where it has been explicitly stated in the affected Act. This is very rare in primary legislation, but will occur more often when we move to update specific secondary legislation.


Step by Step Guide to completing Affected Extent Research


  1. Select the Affected Extent Research task by clicking on it in My Current Work.
  2. Click on the Start Task button in the task landing page. This will take you to stage 1 of the task: Download Effects Spreadsheet.
  3. Click on the Download file button to download a spreadsheet containing the affected provisions for the update Act.
  4. Save the spreadsheet to My Documents on the C: drive of your computer.
  5. Investigate and input the Affected Extent, Affected Effects Extent (if any) and Affected Territorial Application (if any) for each affected provision. The easiest way to find this out is to look at the latest version of the Act on legislation.gov.uk or, if you have access to it, on ActiveText:
    • Check the extent provisions of the Act. Remember there may be more than one of these. There is normally a main extent provision at the end of the Act. But there may also be one at the beginning or end of the Part or Chapter that contains the affecting provision, or even one in the provision itself. Also, bear in mind that the extent provisions themselves may have been amended.
    • If you have access, you may find it useful to look at the marked up hard copy legislation or the scanned version of that mark up.
    • If you have access, you may find it useful to View Attributes in ActiveText. But remember that when we set the attributes of Acts during Initial Edit we work at whole provision level. We therefore set the extent to the widest extent of that provision’s sub-provisions. We cannot therefore rely on these attributes to find out the extent of a particular sub-provision, which may be narrower than that of the whole provision.
    • If the above two options aren’t available, you will have to rely on the Act as it appears in legislation.gov.uk. The same caveat applies here as above.
    • Open the Act completely in legislation.gov.uk and tick the box marked Show Geographical Extent in the Advanced Features area on the left of the screen.
    • For each affected provision, check that the original extent value has not been altered by subsequent textual amendments with wider or narrower extent.
    • For each affected provision, check that the original extent value has not been altered by subsequent non-textual amendments which extend that provision to wider extents.
  6. Make sure you save your changes to the completed spreadsheet.
  7. Click Next stage to go through to stage 2: Upload Effects Spreadsheet.
  8. Click on the Browse button and select your saved spreadsheet and click Open.
  9. Click on the Upload button to upload your spreadsheet to the online system ready for review.
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