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

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{| class="wikitable" style="background-color:#f2f2f2;"  
 
{| class="wikitable" style="background-color:#f2f2f2;"  
 
|<strong>Step Three</strong>
 
|<strong>Step Three</strong>
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<br>
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<br>
 
<ol><li><p>Once the relevant repeal has been carried out and the auto-annotation has been generated, check that the annotation is accurate and complete. Carry out any edits if necessary (refer back to the effects spreadsheet if you need to):</p>
 
<ol><li><p>Once the relevant repeal has been carried out and the auto-annotation has been generated, check that the annotation is accurate and complete. Carry out any edits if necessary (refer back to the effects spreadsheet if you need to):</p>
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+
<br>
 
*Type of Effect is correct;
 
*Type of Effect is correct;
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<br>
 
*If the amendment type is ‘omitted’ or ‘ceases to have effect’ that the annotation contains the words ‘by virtue of’ instead of the usual 'by';  
 
*If the amendment type is ‘omitted’ or ‘ceases to have effect’ that the annotation contains the words ‘by virtue of’ instead of the usual 'by';  
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<br>
 
*Punctuation is correct (e.g. no unnecessary spaces);
 
*Punctuation is correct (e.g. no unnecessary spaces);
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<br>
 
*Date cited is that of the Point of Time you are editing and where applicable the correct <strong>In Force Date Qualification</strong> has been added after the date (check effects spreadsheet for any qualifications). If your amendment is not ‘wholly in force’ and has a different type of <strong>In Force Date Qualification</strong> (for example ‘for specified purposes’), this will be noted in the annotation and you will need to check the annotation to make sure that this has been rendered correctly: for further details on what the annotation should look like see [[Editorial_Update/Annotation_Conventions#Annotations_and_In_Force_Date_Qualifications|Annotations and In Force Date Qualifications]];
 
*Date cited is that of the Point of Time you are editing and where applicable the correct <strong>In Force Date Qualification</strong> has been added after the date (check effects spreadsheet for any qualifications). If your amendment is not ‘wholly in force’ and has a different type of <strong>In Force Date Qualification</strong> (for example ‘for specified purposes’), this will be noted in the annotation and you will need to check the annotation to make sure that this has been rendered correctly: for further details on what the annotation should look like see [[Editorial_Update/Annotation_Conventions#Annotations_and_In_Force_Date_Qualifications|Annotations and In Force Date Qualifications]];
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<br>
 
*If a limited extent amendment, the extent is referenced;
 
*If a limited extent amendment, the extent is referenced;
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<br>
 
*Affected provision is correct;
 
*Affected provision is correct;
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<br>
 
*Affecting provision is correct;
 
*Affecting provision is correct;
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<br>
 
*Savings are referenced (where applicable); and
 
*Savings are referenced (where applicable); and
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<br>
 
*Commencement order is referenced (where applicable).
 
*Commencement order is referenced (where applicable).
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<br>
 
<p>See more detail on the structure of textual amendment annotations in [[Editorial_Update/Annotation_Conventions#F-notes_.28Textual_Amendments.29|Annotation Conventions]].</p></li>
 
<p>See more detail on the structure of textual amendment annotations in [[Editorial_Update/Annotation_Conventions#F-notes_.28Textual_Amendments.29|Annotation Conventions]].</p></li>
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<li><p>Scroll back up to the where the amendment was made in the <strong>amended provision</strong> and check the <code><repeal></code> tags are positioned correctly. If you have repealed a sub-provision at the end of a provision that has been previously amended (i.e. inserted or substituted), you will need to make sure that the closing bracket for the previous amendment is still positioned in the correct place, after the sub-provision you have repealed. You may need to move the closing bracket for the amendment to the end of the dotty line for this repeal. See [[Editorial_Update/Textual_Amendments/Repeals/Repeal_of_Provisions_and_Sub-Provisions#Scenarios|Scenarios]].</p></li>  
 
<li><p>Scroll back up to the where the amendment was made in the <strong>amended provision</strong> and check the <code><repeal></code> tags are positioned correctly. If you have repealed a sub-provision at the end of a provision that has been previously amended (i.e. inserted or substituted), you will need to make sure that the closing bracket for the previous amendment is still positioned in the correct place, after the sub-provision you have repealed. You may need to move the closing bracket for the amendment to the end of the dotty line for this repeal. See [[Editorial_Update/Textual_Amendments/Repeals/Repeal_of_Provisions_and_Sub-Provisions#Scenarios|Scenarios]].</p></li>  
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<li><p>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:</p>
 
<li><p>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:</p>
  

Revision as of 12:39, 16 September 2021

OVERVIEW

Repeal of words

Whole extent and wholly in force

https://www.legislation.gov.uk/uksi/2020/1005/regulation/12 

Provision Level Repeals 1.png


Limited extent

https://www.legislation.gov.uk/uksi/2012/129/schedule/paragraph/5 

Provision Level Repeals 4.png

Provision Level Repeals 5.png

In force for specified purposes only

https://www.legislation.gov.uk/ukpga/2014/12/schedule/8/paragraph/3/2017-01-31 

Provision Level Repeals 6.png

Provision Level Repeals 7.png

Repeal of a provision or sub-provision

Whole extent and wholly in force

https://www.legislation.gov.uk/uksi/2020/1005/regulation/8 

Provision Level Repeals 2.png

https://www.legislation.gov.uk/ukpga/2012/10/part/3/chapter/1 

Provision Level Repeals 12.png

Limited extent

Example to be added


In force for specified purposes only

https://www.legislation.gov.uk/ukpga/2014/12/section/40/2017-01-31 

Provision Level Repeals 8.png

Repealed with substantive savings

https://www.legislation.gov.uk/ukpga/1967/86/part/III/crossheading/creation-of-public-paths 

Provision Level Repeals 11.png

Substantive savings

https://www.legislation.gov.uk/ukpga/1967/86/part/III/crossheading/creation-of-public-paths

If your repeal is wholly in force and whole extent (so that all the text will be omitted upon repeal) but there are substantive (as opposed to common form) savings, you should consider whether text should be retained.

Even where savings appear to be common form we should consider whether there anything in TOES coming along at a future PiT (further amendments to our repealed provisions) that might require the text to be retained so that we can apply future amendments to the saved repealed provisions. For smaller amendments in saved repealed documents it’s probably sufficient just to mention them as appended commentary to the main repealed annotation. Consult a Review Editor if you are not sure.

IN MORE DETAIL

Carrying out a repeal of words in XMetaL

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.

Step One

  1. In the amending provision, identify which words are to be repealed.

  2. In the amended provision, highlight those words.

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

  4. Your next action will be determined by whether the repeal covers the whole extent and wholly in force or is for a limited extent only, or whether you need to retain text for another reason (for example if the repeal is for specified purposes only, or the type of effect is 'ceases to have effect').

Step Two - whole extent and wholly in force

These instructions should be followed if the repeal covers the whole extent and is wholly in force.

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

  • Repeal the highlighted wording, bracketed by opening <repeal> and closing <repeal> tags;
  • 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 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 checking the amendment on the Editorial Site (Step Four).

Step Two - limited extent

These instructions should be followed if the repeal of words is for a limited extent.

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

  • Retain the highlighted wording, bracketed by opening <repeal> and closing </repeal> tags in the amended provision;
  • 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 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 checking the amendment on the Editorial Site (Step Four).

See more on limited extent amendments.

Step Two - retained text repeal

These instructions should be followed when text needs to be retained, for example where the repeal is for specified purposes only or for the type of effect is 'ceases to have effect'.

On the menu bar at the top of the page select Legislation - Textual Amendments - Repeal Retain Text. This will;

  • Retain the highlighted wording, bracketed by opening <repeal> and closing </repeal> 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.


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 checking the amendment on the Editorial Site (Step Four).

See Applying partially in force amendments which are then brought further into force over time for more details about retained text repeals that are brought into force over time.

Note:

  • Whether a whole, limited extent or retained text amendment, after the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.


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

Step One

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.

  1. In the amending provision, identify the provision/sub-provision to be repealed.
  2. If the repeal is for whole extent and is wholly in force, we should remove any existing annotation references (for example I-note, C-note or F-note references) that may be present in front of the provision number within the <ukl:Pnumber> tags of the provision that is going to be repealed. These references are no longer of use now the text is to be swept away. (Note: since we are leaving the provision heading (if there is one) in place, any F-notes connected to amendments in that heading should be left alone.)

  3. In the amended provision, select the appropriate <ukl:P#para> tag to highlight and copy the provision/sub-provision to be repealed:

    • 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 (surrounded by <ukl:Pnumber> tags).

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

  5. Your next action will be determined by whether the repeal covers the whole extent and wholly in force or is for a limited extent only, or whether you need to retain text for another reason (for example if the repeal is for specified purposes only, or the type of effect is 'ceases to have effect').

Note: Before you carry out the repeal of a provision, check whether the provision is an inducing provision for a Schedule. Any Schedules that are induced by a provision should also be repealed when the provision is repealed and this should have been entered into the effects spreadsheet. But note that a Schedule may be induced by more than one provision, in which case all the inducing provisions should be repealed for that Schedule to be repealed. Check with a Review Editor if you are not sure.

Step Two - whole extent and wholly in force

These instructions should be followed if the repeal is for the whole extent.

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

  • Automatically repeal the provision/sub-provision, bracketed by opening <repeal> and closing </repeal> 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.


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 checking the amendment on the Editorial Site (Step Four).

Note: The repeal of a sub-provision may also include the preceding word, to carry this out follow the repeal of words procedure using the same repeal task in the Resource Manager.

Step Two - limited extent

These instructions should be followed if the repeal is for a limited extent only.

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

  • Retain the existing provision or sub-provision, bracketed by opening <repeal> and closing </repeal> tags;
  • 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 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 checking the amendment on the Editorial Site (Step Four).

See more on limited extent amendments.

Step Two - retained text

These instructions should be followed when text needs to be retained, for example where the repeal is for specified purposes only or for the type of effect is 'ceases to have effect'.

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

  • Retain the existing provision or sub-provision, bracketed by opening <repeal> and closing </repeal> tags.
  • Automatically insert the annotation for this amendment at the end of the amended provision, including the In Force Date Qualification; 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 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 checking the amendment on the Editorial Site (Step Four).

See Applying partially in force amendments which are then brought further into force over time for more details about retained text repeals that are brought into force over time.

Checking the amendment in XMetaL

Related reading: Approach to Update - Some Basic Rules and Exceptions
Step Three



  1. Once the relevant repeal has been carried out and the auto-annotation has been generated, check that the annotation is accurate and complete. Carry out any edits if necessary (refer back to the effects spreadsheet if you need to):


    • Type of Effect is correct;


    • If the amendment type is ‘omitted’ or ‘ceases to have effect’ that the annotation contains the words ‘by virtue of’ instead of the usual 'by';


    • Punctuation is correct (e.g. no unnecessary spaces);


    • Date cited is that of the Point of Time you are editing and where applicable the correct In Force Date Qualification has been added after the date (check effects spreadsheet for any qualifications). If your amendment is not ‘wholly in force’ and has a different type of In Force Date Qualification (for example ‘for specified purposes’), this will be noted in the annotation and you will need to check the annotation to make sure that this has been rendered correctly: for further details on what the annotation should look like see Annotations and In Force Date Qualifications;


    • If a limited extent amendment, the extent is referenced;


    • Affected provision is correct;


    • Affecting provision is correct;


    • Savings are referenced (where applicable); and


    • Commencement order is referenced (where applicable).


    See more detail on the structure of textual amendment annotations in Annotation Conventions.


  2. Scroll back up to the where the amendment was made in the amended provision and check the <repeal> tags are positioned correctly. If you have repealed a sub-provision at the end of a provision that has been previously amended (i.e. inserted or substituted), you will need to make sure that the closing bracket for the previous amendment is still positioned in the correct place, after the sub-provision you have repealed. You may need to move the closing bracket for the amendment to the end of the dotty line for this repeal. See Scenarios.


  3. 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

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

  5. 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

Related reading: Approach to Update - Some Basic Rules and Exceptions
Step Four

  1. Go back to the Update Details page and refresh the page by pressing CTRL and F5 at the same time.

  2. Select the Newly Edited Version to see a preview of the updated provision. Check that the text of the repealed provision or sub-provision has been replaced by a dotted line after the provision or sub-provision number, that there are no brackets or annotation references remaining that have been superseded by the repeal, and that the annotation for the repeal is formatted as you would expect.

  3. To check the timeline and see how the provision would look in the context of the whole item of legislation, select the Preview Legislation button and check:

    • You’re satisfied that the amendment has formatted correctly;
    • Check that the repealed provision/sub-provision has been replaced by a dotted line (or is surrounded by square brackets if retained);
    • The annotation reference and the text of the annotation are correct. See more detail on annotations in Annotation Conventions;
    • The right point in time has been created at provision level to accommodate this amendment;
    • The right point in time has been created at the level of the whole item of legislation; and
    • You can move between the Points in Time on the timeline correctly.

  4. Check that the amendment edit status is set to Edit Complete. You can also add any notes for the review editor by clicking on the note icon to the right of the edit status. You may need to add a note if there was anything unusual about the amendment that you need to draw to the attention of the review editor.

  5. You can now navigate to the next part of your update task.

Video Instructions: Repeal of sub-provision (wholly in force, whole extent)

SPECIFIC UPDATE ISSUES

Related reading: Approach to Update - Some Basic Rules and Exceptions

Repeal of words

Revocation of words in the title of an SI

On 15/8/2020, there was a revocation of words in the title of S.I. 2020/828, which was recorded as type of effect "title amended":

https://editorial.legislation.gov.uk/task/update/step/uksi/2020/828/2020-08-15/high-level-amends

This was applied and published as follows:

https://www.legislation.gov.uk/uksi/2020/828/introduction/2020-08-15

We also needed to raise a PT story with TSO to ask them to fix the dc:Title element (this is the title in the metadata that is shown above the timeline on legislation.gov.uk) from PiT 15.8.2020 onwards so it says: 

"The Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020"

instead of: 

"The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020"

This change will enable users to search for the document under both titles.

"Double" repeal of a word brought into force at different times and for different extents

On 1.4.2011, the word "and" at the end of 2005 c.5 s. 806(5)(c) was repealed for E. by 2008 c. 23, Sch. 1 para. 18(3)(a) and Sch. 4. Then on 6.4.2016, the word "and" was repealed for W. by Sch. 1 para. 18(3)(a) and Sch. 4:

https://www.legislation.gov.uk/ukpga/2005/5/section/806#section-806-5-c

Note: the commencement of the omission of the word "and" in Sch. 1 para. 18 was brought into force for W. on 6.4.2016 and the repeal by Sch. 4 was not brought into force until 1.12.2017, however it was treated as fully repealed from 6.4.2016.

Repeal of a provision or sub-provision

Positioning of existing insertion/substitution closing bracket after a sub-provision is repealed

https://www.legislation.gov.uk/uksi/2020/684/regulation/5B/2020-09-14#regulation-5B-5

After reg. 5B(5) was revoked, the closing bracket for the insertion of reg. 5B was located just after the sub-provision number:

F9(5)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The closing bracket needed to be moved to the end of the dotty line:

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

RELATED PAGES

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