Difference between revisions of "Effects Spreadsheet"

Revision as of 15:44, 19 November 2020

Overview

Extent and Territorial Application

Columns E-J

The term 'extent' when used in legislation refers to the jurisdiction(s) for which it is law. Thus, the extent of a piece of legislation may be the whole of the UK or one or more of the three jurisdictions within the UK: England and Wales; Scotland; and Northern Ireland (excluding the Isle of Man and the Channel Islands). ‘England' and 'Wales' are not separate jurisdictions. The term “Great Britain” refers only to England, Wales and Scotland with their subsidiary islands (also excluding the Isle of Man or the Channel Islands). The affected extent is thus the jurisdiction of the affected provision.

Territorial Application describes the jurisdiction to which the legislation applies. Legislation may be law for the whole of the UK (the extent) but it may only apply to part of it, for example an S.I. may explicitly state or indicate from its wording/context that it has no application beyond Scotland. The extent is still UK, but with Scottish territorial application. See the explanation of the Affected Extent column above for a more detailed explanation of extent. The affected territorial application is thus the geographical application of the affected provision.

Column details

A - Effect ID

The Effect ID is automatically generated and is a protected column in the spreadsheet. If you try to enter data in this column, a pop-up will state "Do not change effect IDs. When you create a new effect, leave the ID blank. A new ID will be automatically created for it." Select cancel in this pop-up.

The effect ID is the unique group of numbers and letters that you normally see in XMetaL after the opening "ukl:Commentary" tag of an amendment's annotation.

You do not need to do anything with this column.

B - Affected Legislation

The affected legislation is the item of legislation to which an amendment will be applied.

The affected legislation column will be populated with the year, number and type of legislation. The preparation task Record Effects' guidance on Affected and Affecting Legislation lists the different types of legislation and their corresponding formatting that you should expect to see in this column.

When completing the Record Effects task, there may be several different items of legislation in this column as the spreadsheet records every item of legislation affected by the legislation whose effects have been identified in the prior preparation task, Identify Effects task.

In contrast, when completing the Research Effects and Update tasks, there will only be one item of legislation in this column as the spreadsheet only contains the effects information which affect the item of legislation you are researching/updating.

C - Affected Provision(s)

The affected provision(s) is the provision of the affected legislation to which an amendment will be applied.

The affected provision column will be populated with the lowest, numbered (or lettered as the case may be) affected provision/sub-provision as stated in the affecting legislation. The preparation task Record Effects' guidance on Affected and Affecting Provisions sets out the different levels of provision and the corresponding formatting that you should expect to see in this column.

When completing the Record Effects task, the affected provision will be entered from the point of view of the result of the effect, for example where a provision is to be renumbered (e.g. where s. 12 is being renumbered as s. 12(1)) then the result of the renumbering (s. 0012(01)) will be entered as the affected provision. There will be one affected provision per row, with the exception of affected unbroken consecutive ranges of provisions/sub-provisions for example (e.g. s. 0010-0015).

You will use this column to determine which part of the legislation you will be applying the amendment to when completing the Research Effects and Update tasks. You should also check the "COMMENTS For Editor" (column Q) for any exceptions to the provision entered in column C. For example, where the affected provision has been drafted in the legislation as an Act or Part or even a range of provisions, but excluding certain provisions (for example, an “Act (except sections 1, 13, 25 and Schedule 1)” is repealed), the affected provision as drafted e.g. “Act” will be entered into column C and the provisions excluded from the amendment will be in "COMMENTS For Editor" (column Q) (e.g. “except sections 1, 13, 25 and Schedule 1”).

D - Type of Effect

The type of effect describes what an affecting provision does to an affected provision. Effects are either textual (altering the text of the provision) or non-textual (modifying the provision’s scope or application without actually changing its text).

The type of effect column will be populated with a very brief description of the type of textual or non-textual effect to be applied to the affected provision, as described in the affecting legislation. The preparation task Record Effects' guidance on Types of Effect lists out the different types of effects and their corresponding formatting that you should expect to see in this column. Note, any numbers in this column, whether referring to legislation or provisions, will not be formatted with additional 0s as they are in other columns in the spreadsheet such as Affected Legislation (column B). For example, an act would be entered as "2003 c. 14" in Type of Effect (column D) compared to "2003 c. 014" in Affected Legislation (column B).

When completing the Record Effects task, the effects identified by the editor in the Identify Effects preparation task will be entered into the Type of Effect column. There will be one type of effect per row.

When completing the Update task, this column will alert you to the type of textual amendment you will need to carry out in XMetaL, or the type of non-textual effect that you will need to check has had an auto-annotation correctly generated. Note that although the textual effects entered in the type of effect column will use the same wording as the drafter in the affecting legislation (e.g. insert or add, substitute or replace, repeal, revoke or omit) these effects will just be referred to as insertions, substitutions or repeals in XMetaL. You should also check the "Affected Extent"-"Affecting Territorial Application" (columns E-J) and the "IF Date1" column onward (column W onward) to determine if the effect will be carried out in XMetaL either wholly or be restricted by either the geographical extent or commencement dates of the affecting legislation.

E - Affected Extent

The affected extent column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Northern Ireland: "S" or "NI", and any combination in between. You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.

When completing the Record Effects task, the extent identified by the editor in the Identify Effects task on the front page of the digital or hard copy of the legislation will be entered into the Affected Extent column. There may be several different extents in this column as the affected legislation may allocate different extents for different provisions.

When completing the Research Affected Extent task, you will identify the affected legislation's extent provisions (in the latest version of the legislation) and populate this column with the precise extent of the lowest sub-provision that is actually affected.

When completing the Update task, the relationship between the entry in this column and the Affecting Extent (column I) and the Affecting Territorial Application (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the Limited Extent Amendments page of the wiki.

F - Affected Effects Extent

Affected Effects are the amendments to other pieces of legislation contained within the affected provision.

The affected effects extent column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Northern Ireland: "S" or "NI", and any combination in between. There is the additional option of "Same as affected" where the extent of the amendments within the affected provision matches that of the provisions that they amend. You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.

When completing the Record Effects task, the extent of these amendments identified by the editor in the Identify Effects task on the front page of the digital or hard copy of the legislation, will be entered into the Affected Effects Extent column. There may be several different extents in this column as the affected legislation may allocate different extents for different provisions.

When completing the Research Affected Extent task, you will identify the affected legislation's extent provisions (in the latest version of the legislation) and populate this column with the precise extent of the lowest sub-provision that is actually affected. This value will only be added if the Affected Effects Extent is different from the Affected Provision Extent. This can be identified by the affected legislation explicitly stating the amendments contained in specified provisions have a different extent from the provisions containing them or there will be 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.

When completing the Update task, the relationship between the Affected Extent and the Affecting Extent (column I) and the Affecting Territorial Application (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the Limited Extent Amendments page of the wiki.

G - Affected Territorial Application

The affected territorial application column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Northern Ireland: "S" or "NI", and any combination in between. There is the additional option of "No" to be used when territorial application is not specified, as a reminder that this has been checked by the editor. You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.

When completing the Record Effects task, the territorial application identified by the editor in the Identify Effects task on the front page of the digital or hard copy of the legislation will be entered into the Affected Territorial Application column. There may be several different entries in this column as the affected legislation may allocate different provisions a different territorial application. This column will not always need populating, particularly if there are no explicit territorial application provisions in primary legislation.

When completing the Research Affected Extent task, you will identify the affected legislation's extent and territorial application provisions (in the latest version of the legislation) and follow their instructions, populating this column with the precise application of the lowest sub-provision that is actually affected, where appropriate. Conversely if there are no explicit provisions pertaining to territorial application in secondary legislation, it may be determined by investigating the relevant power-conferring provisions in the Act and in section 4 of the accompanying Explanatory Memorandum, if there is one.

When completing the Update task, the relationship between the entry in the Affected Extent (column E) and this column, and the Affecting Extent (column I) and the Affecting Territorial Application (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the Limited Extent Amendments page of the wiki.

H - Affecting Provision Extent

The affecting provision extent column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Northern Ireland: "S" or "NI", and any combination in between. You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.

I - Affecting Extent

The affected extent column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Northern Ireland: "S" or "NI", and any combination in between. You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.

When completing the Research Affected Extent task, the contents of this column and the Affecting Territorial Application column (column J) will determine if this task can be skipped. If the affecting extent is marked as 'UK' or 'same as affected' and the Affecting Territorial Application column is either empty or matches the affecting extent (column I) then this task can be skipped.

When completing the Update task, the relationship between the entry in this column and the Affected Extent (column E) and the Affected Territorial Application (column G) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the Limited Extent Amendments page of the wiki.

J - Affecting Territorial Application

The affected territorial application column will be populated with the initial of the affecting provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Northern Ireland: "S" or "NI", and any combination in between. There is the additional option of "No" to be used when...[CLARIFY WHEN?!]] You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.

When completing the Research Affected Extent task, the contents of this column and the Affecting Extent column (column I) will determine if this task can be skipped. If the affecting extent is marked as 'UK' or 'same as affected' and this column is either empty or matches the affecting extent (column I) then this task can be skipped.

When completing the Update task, the relationship between the entry in this column and the Affected Territorial Application (column G), and Affected Extent (column E) and Affected Territorial Application (column G) will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the Limited Extent Amendments page of the wiki.

K - Affecting Legislation

The affecting legislation is item of legislation which contains the provisions that make the amendment(s) to the affected legislation.

The affecting legislation column will be populated with the year, number and type of legislation. The preparation task Record Effects' guidance on Affected and Affecting Legislation lists the different types of legislation and their corresponding formatting that you should expect to see in this column.

When completing the Record Effects task, there will one item of legislation in this column as the spreadsheet only contains the effects information of the amendments made by your piece of legislation that have been identified in the prior preparation task, Identify Effects.

In contrast, when completing the Research Effects and Update tasks, there may be several different pieces of legislation in this column as the spreadsheet records every piece of legislation which affects the piece of legislation you are researching/updating.

L - Affecting Provision

The affecting provision(s) is the provision of the affecting legislation which contains the amendment which makes an amendment to another piece of legislation.

The affecting provision column will be populated with the lowest, numbered (or lettered as the case may be) affecting provision/sub-provision which contains the amendment to be made to the affected legislation. The preparation task Record Effects' guidance on Affected and Affecting Provisions sets out the different levels of provisions and the corresponding formatting that you should expect to see in this column.

M - RA Date

N - Sav

Savings, transitional provisions and other ancillary provisions which limit or in some other way qualify the scope and application of an effect should be entered in this column. There is no need to type “with”, “with savings in” or “subject to”, etc. in this column. The number or numbers of the provisions involved should be entered and it does not matter whether the provision numbers contain leading zeros or not. Where there are multiple savings, the savings provisions should be put in numerical order.

For Update tasks, this column will need to be checked to determine whether the annotation should contain details of any savings.

O - U

P - R

Q - Comments for Editor

Comments should be made here where the effect contains any peculiarities that the update editor should be aware of when applying that effect at update stage. This generally includes anything that would normally be referenced in the commentary but that doesn’t fit into the rigid Extended TOES schema as well as instances where a power-conferring provision is being imported.

This is a important column to check during Update tasks, as it will alert the update editor to anything unusual in the effect that they will know to apply the update correctly, including checking and if necessary manually amending the resulting annotation.

See more on Comments for Editor.

R - Notes

Notes are published on the Changes to Legislation pages on legislation.gov.uk for the user’s information and, as such, should be used sparingly. It may need to be used to duplicate the Comments for Editor where the website user needs to be alerted to the same information, e.g. to flag up a change in extent.

See more on Notes.

S - Amendment applied to Database

When doing the Record Effects task this column should be left empty.

A Y in this column indicates that an effect has been applied.
An N in this column indicates that an effect will never be applied.
Where the column is empty, this indicates that the effect has not yet been applied.

See more on Amendment applied to Database.

T - Suggested Commentary

Where an effect requires a commentary that does not fit into our usual commentary formats and so we need to draft a bespoke version of the commentary that will replace the automatic commentary that would otherwise be generated from the Extended TOES data for that effect, this should be entered in the Suggested Commentary column.

U - Appended Commentary

The Appended Commentary column should be used to add additional commentary information that you want to be displayed after the core effect commentary information which will be generated using the preceding Extended TOES columns. So, for example, if there is an amendment to the affecting provision by a later piece of legislation, then we could correct the affecting document and add an Appended Commentary to say: “(as amended (1.4.2012) by S.I. 2012/1534, art. 2)”. This would then appear at the end of the effect like so:

“S. 10 repealed (1.4.2012) by S.I. 2012/1526, art. 4 (as amended (1.4.2012) by S.I. 2012/1534, art. 2)”

V - Commencement Authority

The details of the provision giving authority for the In Force Date(s) should be entered here. If there is no commencement provision and the default commencement date has to be assumed, this column should be left blank or contain “No” as a reminder that this has been researched.

See more on Commencement Authority.

W - IF Date1

The In Force Date for the effect should be entered here. This is to be found in the commencement provision(s) of the affecting legislation. Use the format DD/MM/YYYY. If there is no start date and the effect is therefore prospective, please enter “prosp” in this column. Please note that prosp should not have a full stop at the end. If the commencement is qualified as "coming into force in accordance with” [provision], the default commencement date should be entered here.

See more on IF Date1.

X - IF Date1 Qualification

The IF Date Qualification column is used to specify the extent to which the commenced provision is being brought into force, for example it may be wholly in force or in force only for some of its purposes, for its whole extent or for only a limited portion of that extent, etc. There is a dropdown menu in this column which provides a list of common IF Date Qualification options.

See more on IF Date1 Qualification.

Y - IF Date1Other Qualification

This column can be populated if "Other” has been selected in the IF Date Qualification column; this free text field can be used to type a tailor-made qualification: e.g. where 2008 c. 23, s. 14, Sch. 4 conditionally repeals 2008 c. 23, s. 11 it would be helpful to reflect the conditions in the free text field thus, “if no order has been made under s. 11 by the relevant time”. Another common example would be where a provision is brought into force at a specific time of day: e.g. “at 1.00 p.m.”

If the following options have been selected: “with effect in accordance with”, “with application in accordance with” or “coming into force in accordance with” in the IF Date Qualification column, use this column to type the provision(s) in accordance with which the commencement is “with effect”, “with application” or “coming into force”: e.g. “art. 1(1)”.

Z, AA, AB, etc. - Further commencement information columns (if needed)

If there is more than one commencement date (for example if a provision has been brought into force for specified purposes on different dates), these columns can be populated with this commencement information.

IF Date2,3, etc. IF Date2 Qualification, IF Date3 Qualification, etc. IF Date2Other Qualification, IF Date3Other Qualification, etc.

@@ Line 127: / Line 127: @@
 This is a important column to check during <strong>Update</strong> tasks, as it will alert the update editor to anything unusual in the effect that they will know to apply the update correctly, including checking and if necessary manually amending the resulting annotation.
-See more on [[Comments_for_Editor,_Notes_and_Amendment_Applied_to_Database|Comments for Editor]].
+See more on [[Preparation_Tasks/Record_Effects#Comments_for_Editor.2C_Notes_and_Amendment_Applied_to_Database|Comments for Editor]].
 ===R - Notes===