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

Latest revision as of 08:54, 7 March 2025

OVERVIEW

IN MORE DETAIL

Carrying out the amendment in XMetaL

Related reading: Approach to Update - Some Basic Rules and Exceptions	Applying partially in force amendments which are then brought further into force over time

Follow these instructions to carry out the substitution of a Chapter, Part or Schedule from the High Level Update Details page.

Note: These instructions assume 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.

In the amending provision window:
- Read what the amendment is and where in the amended provision it is to be made.
- In the amending provision highlight and copy the provision that you need to insert by selecting the appropriate opening tag. For example:
  - <ukl:Part> for a Part
  - <ukl:Chapter> for a Chapter
  - <ukl:Schedule> for a Schedule
You can right-click and copy or use the standard edit and copy menu options from the menu bar. If your amending provision is tagged differently to your amended provision, you make not be able to simply select one of these opening tags, you will need to use a more manual method to carry out your substitution.
In the amended provision select the appropriate opening <ukl:Part> <ukl:Chapter> or <ukl:Schedule> tag to highlight the Part, Chapter or Schedule that is to be substituted.
Single click on the task to highlight it in the Resource Manager window.
Your next action will be determined by whether the amendment covers the whole extent, a limited extent or is to be made for specified purposes only.

Whole extent

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

Automatically substitute the new Part/Chapter/Schedule, etc. bracketed by opening <substitution> and closing </substitution> tags in the amended provision;
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.

After the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window. After checking that the annotation is correct, you will need to scroll up to make sure that the substitution has also been made correctly - make sure you compare the text of the amended and amending provision to check that the substitution has indeed taken place. Sometimes there may be a glitch with high level substitutions that means that even though the annotation is generated, the content itself is not substituted and you should look out for this and correct as necessary.

Make sure that you thoroughly check the amendment in XMetaL, followed by the final task of checking the amendment on the Editorial Site.

Note:

the substitution will replace the entire Part, Chapter or Schedule and this will remove any existing annotations and their references that are contained within the Part, Chapter or Schedule. There should therefore not be any I-note, F-note or C-note references from the previous PiT left within the Part, Chapter or Schedule after the amendment has been carried out; you should just be left with the newly substituted Part, Chapter or Schedule and the annotation for the substitution. See, for example https://www.legislation.gov.uk/uksi/2019/476/schedule.

make sure you that you tidy up the amendment text to fix any incorrect tagging or remove any unwanted tagging, as appropriate.

Variations - Limited Extent and Specified Purposes

A higher level substitution made for limited extent or in force for specified purposes only is rare, and will present a unique set of circumstances each time it arises, and you should consult a Review Editor to determine the appropriate course of action to take.

For more information on limited extent amendments see Limited Extent Amendments.

For more information on partially in force amendments see Applying partially in force amendments which are then brought further into force over time, particularly the section Amendments to ranges of provisions or whole high level provisions carried out incrementally.

Manual method for carrying out a high level substitution

The exact method will depend on the tagging used, but if for example, you had a Sub-part consisting of a ukl:Pblock which contained ukl:P1Groups, and the same number of provisions were replacing the existing children and they were also tagged as ukl:P1Groups, but not within a ukl:Pblock in the amending provision, you could:

1. Substitute the heading text to get the amendment brackets and annotation.

2. Individually copy and paste the ukl:P1Group for each new child provision from the amending document over the existing one in the amended document.

3. Check that the restrictstartdate is correct for each ukl:P1Group in its attributes and that the id is blank (if it’s blank the system will add the id (e.g. regulation-69) on check in, and will tie it up with its earlier incarnations in the timeline).

4. Move the end bracket from end of the heading to just before the closing text tag in the last child provision.

Substituting a Schedule which has no children

When we need to substitute a whole Schedule that consists only of images or tables, we don't use the XMetaL amendment options to carry out the substitution, because it’s very difficult to make the end bracket appear in the right place when dealing with images and tables, instead we should:

1. Insert an F-note for the substitution at the Schedule heading level using the substitution task to generate the annotation.

2. If the Schedule consists of images, use the image tool to replace the images. If the number of images going in is fewer, we can then delete the redundant image tags in the XML. If the number going in is greater, we’d have to add additional images tags in the XML to allow us to use the image tool to add more images.

3. If the Schedule consists of tables, delete the redundant table(s) and copy and paste in the new table(s).

Check the amendment in XMetaL

Step Three 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. Don't forget to make sure that you remove any tagging that is not required in the amendment text (such as drafter’s footnotes, non breaking space characters, internal links and correction slip tagging). Also, make sure that the title and number have been tagged correctly as sometimes they may not be; check how they have been tagged throughout the rest of the amended document and correct if necessary. Note that there should not be any I-notes (or other annotations from the previous PiT) remaining in the amended provision; if there are any then the substitution hasn't worked and you need to carry it out again (if it still doesn't work, you will need to substitute the content manually and if necessary remove the annotations that should not be there - speak to a Review Editor if you are not sure how to do this). Make sure you have have set the ConfersPower attribute to “true” for any power-conferring provisions. Also check that the extent of your substituted provision is correct. If the RestrictExtent attribute is blank, the provision will inherit the extent of its parent, so you need to check that this is correct. See more on the RestrictExtent attribute. 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: Click OK in the pop-up Close the amending provision window and if you have more update to do, leave XMetaL open and go back to the Editorial Site.

Checking the amendment on the Editorial Site

Step Four Return to the Update Details page and refresh the page by pressing `CTRL` and `F5`. The Edit Status should change to Edit Complete. 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. View your amendment using the Preview Legislation button to see a website Preview of the provision. Carry out all the checks detailed in the Update Editor Checklist, to make sure that the amendment is accurate and complete. 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, but beware of the bugs you may encounter when using the annotation Edit function in preview. 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

Unequal substitutions of whole provisions

Unequal substitutions of whole provisions need to be carried out from the parent level (because provisions may need to be inserted or repealed as part of the substitution), so are treated as higher-level substitutions. The method for unequal substitutions of sub-provisions differs slightly and can be found here.

More for less

A substitution of whole provisions where there will be more provisions than there were previously (for example, see 1992 c. 13 ss. 27-27C, which were substituted for s. 27 by 2011 c. 21, Sch. 12 para. 7).

If one of the provisions is to be substituted by the same numbered provision (as s. 27 is in the example cited):

Substitute that provision only, as per the normal whole provision substitution method (N.B. this may apply to more than one of the target provisions);
Insert the additional provisions at the appropriate parent level, following the whole provision insertion method.

If none of the provisions to be “substituted in” share the same number as the existing provision/s to be “substituted out”:

Repeal the existing provision, using the substitution task in the Resource Manager and selecting Legislation - Textual Amendments - Repeal from the menu bar;
Insert the new provisions at the appropriate parent level, using the same substitution task in the Resource Manager and selecting Legislation - Textual Amendments - Insert from the menu bar.

Tips

All of the amendments (whether substitutions, insertions or repeals) should be completed using the same update task and therefore end up with identical annotations.
Where higher level provisions such as Schedules or Parts are replaced by new Schedules or Parts that do not share the same number (for example, see 2006 c. 32, Schs. 7A, 7B which were substituted for Sch. 7 by 2017 c. 4, Sch. 1), refer it to a Review Editor as it may need to be passed on to TSO. Note: where such a substitution has occurred and the original Schedule or Part has been replaced by new Schedules or Parts that do not share the same number, the original Schedule or Part will still be visible in the TOC (although if you click on it, you will see that it has been repealed), for example:

View of the TOC showing the original Schedule 7 and the substituted Schedules 7A and 7B:

View when you click on Schedule 7 in the TOC:

Do not

Directly “substitute in” multiple new P1 provisions for an existing P1 provision because it will cause xml fragment id issues which will make the new P1s inaccessible from the Table of Contents.
Copy and paste the new provisions (e.g. ss. 27A-27C) after the substituted provision (e.g. s. 27) and then move the closing bracket to the end of the range, as newly inserted provisions (e.g., in the case cited, ss. 27A-27C) which share the same amendment brackets as the substitution of the same numbered provision (e.g. s. 27), give rise to false altdates and therefore an incorrect timeline in the newly inserted provisions.

Less for more

A substitution of whole provisions where there will be fewer provisions than there were previously.

If one of the provisions is to be substituted by the same numbered provision:

Substitute that provision only, as per the normal whole provision substitution method (N.B. this may apply to more than one of the target provisions);
Repeal the provisions which are to be 'substituted out' without replacement, following the the whole provision repeal method.

Tips

All of the amendments (whether substitutions, insertions or repeals) should be completed using the same update task and therefore end up with the same annotation.

Do not

Directly substitute an existing provision (e.g. s. 6 in the example below) with a new provision which has a different number (e.g. s. 6A) because this will remove the original provision from the Table of Contents and cause confusion with the xml fragment ids.

Once you have completed your unequal substitution, check your amendment inXMetaL before checking the amendment on the Editorial Site as normal.

Examples

Unequal substitution (incorporating principles of both 'less for more' and 'more for less')

see 1961 c. 33, ss. 6A-6E which were substituted for ss. 6-9 by 2017 c. 20, s. 32(3). This example illustrates how we have had to repeal ss. 6-9 and insert ss. 6A-6E because none of the provisions involved in this unequal substitution share the same numbers.

Unequal substitution ('less for more' including a cross-heading, for specified purposes)

see 2003 c. 39, ss. 28, 29 and cross-heading substituted for ss. 27-29 and cross-heading.

This amendment was achieved (using the same update task to get the same annotation in each case) by:

A substitution of words in the existing s. 27 cross-heading (for the words of the new cross-heading).
A repeal of s. 27 to give it a dotty line.
A straightforward substitution of s. 28.
A straightforward substitution of s. 29.

Note that, despite being in force of specified purposes only at this PiT (10/1/2020), the amendment was carried out fully because retaining text would have looked very unclear. The annotation reflects that the amendment is for specified purposes only at this PiT and website users can still see the previous version of the cross-heading and ss. 27-29 at the previous PiT. Subsequently, the amendment came fully into force on 6/4/2020 and the annotation was amended to reflect this at that PiT (the amendment having already been fully carried out).

Unequal substitution ('more for less' where a Part is substituted for a regulation)

see S.I. 2014/894, Pt. 5ZA substituted for reg. 34.

This amendment was achieved by inserting the new Pt. 5ZA and moving the the existing reg. 34 ukl:P1group into the new Pt. 5ZA, pasting the new ukl:P1para content (from the new reg. 34) over it and then removing the new reg. 34. This meant that reg. 34 kept its existing id.

Substitution of a Part involving the unequal substitution of regulations within the Part ('more for less')

See the substitution of SI 1981/1694, Pt. 2 on 1.6.2003:

https://www.legislation.gov.uk/uksi/1981/1694/part/II/2003-06-01

The amendment was carried out by substituting regs. 7, 8, 9-11 individually and inserting the new regs. 7A, 8A-8F using the same task. The Part title also needed to be substituted and this ensured that the F-note reference also appeared at the top level.

The annotation was amended to reflect the detail of the unequal substitution:

Pt. 2 (regs. 7, 7A, 8, 8A-8F, 9-11) substituted for Pt. 2 (regs. 7-11) (1.6.2003) by The Motor Vehicles (Tests) (Amendment) Regulations 2003 (S.I. 2003/1113), regs. 1(1), 5, Sch. (with regs. 1(3), 25)

See also the substitution of S.I. 2014/1638, Pt. 13 on 20.4.2016, which also involved the renumbering of subsequent provisions (the detail of which was included in the annotation to make it clearer to the user):

https://www.legislation.gov.uk/uksi/2014/1638/part/13/2016-04-20

Partially in force unequal substitution (incorporating principles of both 'less for more' and 'more for less')

In this example of a partially in force whole provision substitution, new ss. 1-1E of the Representation of the People Act 1985 (c. 50) get substituted for ss. 1, 2 on 6.2.2023 for specified purposes by Elections Act 2022 (c. 37).

We needed to retain the existing ss. 1 by doing a retained text substitution of the sub-provisions within s. 1:

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

We are not able to create duplicate versions of the same whole provision and therefore needed to present both versions of s. 1 within the same whole provision, by carrying out the retained text substitution on the <ukl:P1para> tagging using the XMetaL "Substitution Retain Text" menu option.

Ss. 1A-1E could simply be inserted using the same task and s. 2 was retain text repealed, which needed to be done manually and the CommentaryRef attribute linked to match the F-note of the substitution, as the substitution task would not allow the text to be repealed.

https://www.legislation.gov.uk/ukpga/1985/50/crossheading/extension-of-franchise-to-british-citizens-overseas/2023-02-06

See more on partially in force amendments.

RELATED PAGES

Approach, errors and troubleshooting: