Difference between revisions of "Editorial Update/Textual Amendments/Substitutions/Provision Level Substitutions"
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− | + | 1. Use the <strong>Element List</strong> to insert the relevant <code><ukl:P2></code> or <code><ukl:P3></code> tagging after the closing <code></ukl:P2></code> or <code></ukl:P3></code> tag of the substituted sub-provision: | |
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− | + | 2. Type the relevant sub-provision number into the empty brackets inside the <code><ukl:Pnumber></code> tagging: | |
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− | + | 3. Select the substituted text by selecting the relevant <code><ukl:P2para></code> or <code><ukl:P3para></code> tagging: | |
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− | + | 4. Drag this into the new <code><ukl:P2></code> or <code><ukl:P3></code> tagging you have created, and place it after the <code><ukl:Pnumber></code> tagging: | |
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− | + | 5. You now need to move the opening square brackets for both the retained and substituted versions of the sub-provision. | |
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Revision as of 11:18, 22 October 2021
OVERVIEW
Substitution of words
Whole extent and wholly in force
https://www.legislation.gov.uk/uksi/2020/1045/regulation/3/2021-03-29
How to carry out a substitution of words | Specific Update Issues |
Limited extent
See substitution of words (for E.W.S only) with retained text in S.I. 2015/310, reg. 31.
Note: The first set of words is the retained text and the second set of words is the substituted text for E.W.S. only.
How to carry out a substitution of words | Specific Update Issues |
In force for specified purposes only
See retained text substitution of words in 2014 c. 12, Sch. 8 para 3(2).
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 | Specific Update Issues |
Substitution of a provision or sub-provision
Whole extent and wholly in force
https://www.legislation.gov.uk/ukpga/2009/1/section/8
How to carry out the substitution of a provision or sub-provision | Specific Update Issues |
Limited extent
Limited extent substitution of a sub-provision
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 and we are currently unable to do this ourselves in the Editorial System, it needs to be referred to TSO. Speak to a Review Editor for advice in this situation. See an example of a limited extent whole provision substitution that has been carried out without creating concurrent versions here: https://www.legislation.gov.uk/ukpga/2006/32/section/79.
How to carry out the substitution of a provision or sub-provision | Specific Update Issues |
In force for specified purposes only
https://www.legislation.gov.uk/uksi/2010/2214/regulation/23/2013-01-09
How to carry out the substitution of a provision or sub-provision | Specific Update Issues |
IN MORE DETAIL
Related reading: Approach to Update - Some Basic Rules and Exceptions, Limited extent amendments, Applying partially in force amendments which are then brought further into force over time |
Carrying out a substitution 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
|
Whole extent and wholly in force
Step Two - whole extent and wholly in force
On the menu bar at the top of the page select Legislation - Textual Amendments - Substitution. This will:
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)
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). |
Limited extent
Step Two - limited extent
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:
Words in Sch. 1 para. 6 substituted <span style = "color:red;"(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)
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 the Overview for an example of a limited extent substitution of words. Further reading on limited extent amendments can be found here.
In force for specified purposes only
If your amendment is not ‘wholly in force’ and has a different type of In Force Date Qualification, e.g. ‘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 - specified purposes
On the menu bar at the top of the page click Legislation - Textual Amendments - Substitution Retain Text. This will:
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)
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 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.
Note:
- When you are substituting words, any commentary reference included in the text you highlight will be removed automatically on substitution and if this commentary reference relates to a single annotation 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.
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.
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
|
Whole extent and wholly in force
Step Two - whole extent and wholly in force
On the menu bar at the top of the page select Legislation - Textual Amendments - Substitution. This will:
S. 5(3) substituted (1.3.2004) by Health and Education Act 2003 (c. 90), s. 130, Sch. 18 para. 8
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). |
Limited extent
For limited extent whole provision substitutions, it may not be possible to carry out a limited extent amendment without creating concurrent versions and we are currently unable to do this ourselves in the Editorial System, it needs to be referred to TSO. Speak to a Review Editor for advice in this situation.
For a limited extent substitution of a sub-provision, you can carry out a limited extent substitution having selected the relevant <ukl:P2para>
or <ukl:P3para>
tagging (as described in Step One above), then 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.
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
You can now move on to carry out the rest of the checks in XMetaL (Step Three), followed by the final task of checking the amendment on the Editorial Site (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.
In force for specified purposes only
If your amendment is not ‘wholly in force’ and has a different type of In Force Date Qualification, e.g. ‘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.
Step Two - specified purposes
On the menu bar at the top of the page click Legislation - Textual Amendments - Substitution Retain Text. This will:
You should end up with two versions of the sub-provision, for example:
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). |
Checking the amendment in XMetaL
Related reading: Approach to Update - Some Basic Rules and Exceptions |
Step Three
Substitution of words Where words are substituted and the newly substituted text starts with punctuation, leave a space between the existing text and the opening square bracket, and where there is punctuation in the existing text immediately after the closing square bracket, close up any space between the closing square bracket and the punctuation, i.e.: Existing text [, substituted words], existing text. For example:
Before
After
See on the published site 1988 c. 41 sch. 8 para. 10
If you substituted a whole provision, the opening bracket for the substitution will automatically be positioned within the Original location of
|
Checking the amendment on the Editorial Site
Related reading: Approach to Update - Some Basic Rules and Exceptions |
Step Four
|
SPECIFIC UPDATE ISSUES
Related reading: Approach to Update - Some Basic Rules and Exceptions |
Multiple substitutions affecting the same set of words in the same provision at one PiT
Two amendments are made to the same set of words in 2006 c.14, s. 57(3)(a)(4) by 2012 c. 7, s. 172(4)(5)(b) and s. 173(2)(a)(i)(iii) on 1/4/2013.
Commencement information: s. 172(4)(5)(b) comes into force immediately before the coming into force of section 173 (by S.I. 2013/671, art. 2(2)) and s. 173(2)(a)(i)(iii) comes into force on 1/4/2013 (by S.I. 2013/671, art. 2(3))
The amendments by s. 172(4)(5)(b) have to be done first, otherwise some or all of the amendments by s. 173 will not work.
S. 172(4)(5)(b) state:
“(4) In subsection (3)(a) of that section, for “section 54(3)” substitute “section 54(4)”. (5) In subsection (4) of that section— … (b) for “section 54(4)(a) to (c)” substitute “section 54(4)(a) or (c)”.”
And then s. 173(2)(a)(i)(iii) substitute two sets of words including those substituted words:
“(2) … (a) in section 57 of that Act (as amended by section 172 of this Act)— (i) in subsection (3)(a), for “the persons mentioned in section 54(4)” substitute “another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State”, … (iii) in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or (c)” substitute “another NHS foundation trust or an NHS trust established under section 25””
But in the commencement information, “immediately” means without anything coming in between, so the drafter really wants to get to the amendments by s. 173 straight away but they have to do the amendments by s. 172(4)(5)(b) first.
Therefore, during update, the amendments by s. 172(4)(5)(b) were marked as applied and a note was added for the reviewer explaining why they’re invisible. Then the amendments by s. 173(2)(a)(i)(iii) were applied and the F-notes were changed for the amendments by s. 173(2)(a)(i)(iii) to mention s. 172(4) and (5)(b) (as appropriate) and S.I. 2013/671, art. 2(2).
Final result: See F8 and F11 in s. 57(3)(4): http://www.legislation.gov.uk/ukpga/2006/41/section/57/2013-04-01
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 m-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).
Result: See 2008 c. 17, s. 178