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

Revision as of 17:07, 29 February 2024

OVERVIEW

Insertion of a cross-heading and child provision(s)

See the insertion of s. 16E and cross-heading in 2004 c. 31:

https://www.legislation.gov.uk/ukpga/2004/31/part/2/crossheading/safeguarding-partners-for-local-authority-areas/2018-06-29

https://www.legislation.gov.uk/ukpga/2004/31/section/16E/2018-06-29

IN MORE DETAIL

Related reading: Approach to Update - Some Basic Rules and Exceptions, Specific Update Issues, Update Troubleshooting, Limited extent amendments, Applying partially in force amendments which are then brought further into force over time, Update Editor Checklist

Important considerations

Before you commit yourself to carrying out your amendment, make sure that you have considered all the factors that will influence how you carry it out.

The effects spreadsheet that you download at the start of the update task contains all the information that was recorded for the effect you are applying. You should check the TOES data for your amendment before you start. In particular, check the Comments for Editor to see if there is anything unusual about the effect that you need to be aware of, or if the amendment text contains power. Also look at the commencement details of the affecting document and look at the affecting provision itself.

Questions to consider:

Is the effect wholly in force or partially in force? Is it whole or limited extent? Has your affecting provision itself been amended by an amendment to earlier affecting provision effect? Is there an appended commentary for the effect? Is your effect a knock-on effect? Does your inserted text contain power? Are there any savings or transitional provisions?

The answers to these questions will inform how you carry out the amendment, whether you need to amend any of the attributes of the provision you are amending, also what the annotation that the Editorial System generates will look like and whether there are any amendments you might need to make to this annotation.

Use the Update Editor Checklist to make sure that you have researched everything you need to before you carry out your amendment and refer back to it throughout the task, particularly when you check the amendment in XMetaL and preview your amendment.

The following pages also give useful guidance that will help if you are not sure how carry out your amendment:

Limited extent amendments

The Editorial System flags possible limited extent amendments with the following message:

The extent of the affected and affecting provision is highlighted in red. You can also view the extent/TA in the effects spreadsheet that can be downloaded from the Starting Update Page.

To decide whether or not you need to carry out your amendment using the limited extent amendment option in XMetaL, follow the decision-making process described in the Decision tree for deciding what is a limited extent amendment on the Limited Extent Amendments page, where you may also need to consider creating a concurrent version of the provision (and subsequently carrying out the amendment fully in the relevant version of the provision).

You may find that your amendment has already been carried out as a limited extent amendment for another jurisdiction, in which case you will need to follow the guidance on Updating an existing limited extent amendment when an identical amendment is applied for another jurisdiction.

If, after making all the considerations outlined above, you decide that the amendment is indeed a limited extent amendment, follow the method outlined below to carry out the insertion.

Partially in force amendments

Amendments are not always brought wholly into force at once, frequently they are brought into force gradually over two or more points in time (PiTs). This is described in more detail in the section on Partially in force amendments on the Applying partially in force amendments which are then brought further into force over time page.

If an amendment has been brought into force for specified purposes only, the commencement “for specified purposes” will get added after the in force date when the annotation is generated.

To read more about how partially in force amendments get brought further into force over time, see What happens when an amendment comes further, or fully into force?.

Qualifications to the type of effect

Note that an amendment can be wholly in force but made for specified purposes only, in which case the existing text will also need to be retained when you carry out the substitution, and the qualification “for specified purposes” will appear after the type of effect in the annotation when the substitution is carried out. For example:

Ss. 88A-88F inserted for specified purposes</span (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 3 para. 2 (with art. 1(3))

Update process

In these instructions, the update process has been broken down into four steps, Steps 1-3 are carried out in XMetaL and Step 4 on the Editorial site after check-in. Steps 1 and 2 are explained separately for insertions of words and sub-provisions (and Step 2 is further subdivided into whole extent (wholly in force or partially in force) and limited extent). The checks made in Steps 3 and 4 are the same, whichever route you take to get there.

Carrying out and checking the amendment in XMetaL:

Step One - preparing to carry out the amendment in XMetaL

Step Two - selecting the correct XMetaL Legislation menu option to carry out the amendment

Step Three - checking the amendment in XMetaL

Checking the amendment in the Editorial System:

Step Four - preview the amendment from the Update Details page

Things to remember

The Specific Update Issues guidance includes some general Editorial Update reminders to be aware of before you carry out your amendment. Also included is information on how amendments are presented. Note, in particular there may be tagging that may need to be removed from amendment text, to prevent formatting errors.

Carrying out the amendment in XMetaL

Follow these instructions to carry out the insertion of a whole provision, Chapter, Part or Schedule. The instructions assume that you have checked out the relevant parent level or framework, 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.

Note:if you are inserting a new Schedule, and there are no existing Schedules in the document, you need to insert a `ukl:Schedules` element after the `ukl:Body` element of the Main Body before you can insert the new Schedule. For an example of this, see https://www.legislation.gov.uk/uksi/2020/828/schedule/2020-08-15.

Step One
The Specific Update Issues guidance includes some general Editorial Update reminders to be aware of before you carry out your amendment. Also included is information on how amendments are presented. Make sure that you remove any tagging that is not required in the amendment text, to prevent formatting errors. See also the advice on how to approach more unusual types of amendment, and Approach to Update - Some Basic Rules and Exceptions.
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: `ukl:P1` (select from `ukl:P1group` if the provision has a title) for a provision `ukl:Part` for a Part `ukl:Chapter` for a Chapter `ukl:Schedule` for a Schedule You can also select the `BlockAmendment` tag to select the whole block of data to be inserted. You can right-click and copy or use the standard 'edit' and 'copy' menu options from the menu bar, e.g. Note: make sure you remove any drafters’ footnotes in the amending text, otherwise these references will appear in the preview as ‘No commentary item can be found for this reference’ because there is no corresponding commentary in the amended legislation. In the amended provision, scroll to find the provision that the new provision will follow and place the cursor at the end of that provision (i.e. after the closing `/ukl:P1group`, `/ukl:Part`, `/ukl:Chapter`, or `/ukl:Schedule` tag) and before the opening tags of the next provision. If in doubt you can use the Element list to check which tags are valid where your cursor is currently positioned. For example, the cursor is positioned between the closing `/ukl:Part` tag of Part 8 and the opening `ukl:Part` tag of Part 9 when Part 8A is to be inserted: 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 or is for a limited extent.

Whole extent - wholly or partially in force

On the menu bar at the top of the page select Legislation - Textual Amendments - Addition.

This will:

Automatically insert the new provision/Part/Chapter/Schedule, etc. bracketed by opening <addition> and closing </addition> 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:

Limited extent - wholly in force

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

Automatically insert the new provision/Part/Chapter/Schedule, etc. bracketed by opening <addition> and closing </addition> 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.

See more on limited extent amendments.

After the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Was the parent originally prospective at RA/made date and is it yet to be brought wholly into force?

Whole provisions inserted into Parts/Chapters/Schedules that were originally prospective and have yet to be brought wholly into force should also be treated as prospective, unless the inserted provisions are specifically commenced by means of an amendment made simultaneously to the governing commencement provision.

If the updates you are applying are to a parent level that has not yet been brought into force—and therefore still showing as prospective—then any whole provisions that are being inserted into it before the in force date should also be prospective. They will come into force later, should the Department wish to do so, by means of a commencement order—at which point the parent too will get a start date.

After carrying out the insertion, you will need to use the Attribute Inspector to edit the element attributes of the newly inserted provision to match the attributes of the parent level, otherwise you will get errors that will prevent you from checking the document back in, as the attributes of the new material (which is not prospective) will clash with the attributes of the existing material (which is prospective).

Edit the attributes of the newly inserted provision to match those of the surrounding material:

• Delete the value in ‘RestrictStartDate’ so that this field is blank

• Set ‘Match’ to ‘false'

• Set ‘Status’ to ‘Prospective’

Whilst you are editing the attributes also remember to check and amend the ‘RestrictExtent’ attribute and also set the ‘ConfersPower’ attribute, if you need to.

You also need to add a note for the Review Editor to do a TOES correction to add a coming into force effect so that an I-note will be generated for this new provision when it comes into force.

Example: 2017 c. 17. Sch.22

Sch. 22 was prospective at Royal Assent, except for Pt. 6 which came into force on IP comp day:

https://www.legislation.gov.uk/ukpga/2020/17/schedule/22/part/6

Pt. 5 was therefore prospective at Royal Assent and is still prospective for the most part, except that so far Commencement Orders have brought into force paras. 24, 81-83:

https://www.legislation.gov.uk/ukpga/2020/17/schedule/22/paragraph/24/2022-05-02 https://www.legislation.gov.uk/ukpga/2020/17/schedule/22/part/5/crossheading/minimum-sentences-firearms-and-corrosive-substances

Because of that, the Pt. 5 level (and the Sch. 22 level) correctly has start dates on the timeline: for the first commenced para. 24 and then one PiT for each subsequent amendment to it (because that’s how the editorial tool works), even though most of these either hit prospective provisions (and don’t create a new dated version) or insert new paragraphs into the prospective schedule that will need to be commenced later under s. 417:

https://www.legislation.gov.uk/ukpga/2020/17/schedule/22

https://www.legislation.gov.uk/ukpga/2020/17/schedule/22/part/5

https://www.legislation.gov.uk/ukpga/2020/17/section/417

Unless the drafters amend s. 417 at the same time as they insert a new paragraph in Sch. 22 to say that the new paragraph is also in force on the date of its insertion, then that new paragraph should be prospective and only get a start date by virtue of a subsequent Commencement Order.

Inserting a new high level heading or cross-heading

Cross-headings are tagged in ukl:Title tags at the top of ukl:Pblock tagging, for example:

When a new cross-heading is inserted and adopts existing child provision(s) from an existing cross-heading, you need to insert new ukl:Pblock tagging after the existing ukl:Pblock tagging and then move the relevant adopted child provision(s) into the new ukl:Pblock. The same principle applies to other headings (Parts, Chapters, etc).

The ukl:Pblock id attribute will automatically be inserted on check-in. It is a good idea to compare the id attribute of the new ukl:Pblock with the id attribute of an adjacent cross-heading to make sure that the id attribute of the new ukl:Pblock is correct, and that it contains all the information about where the cross-heading is located (including Part details if relevant), as the URI will be based on this ID:

See this example in 1990 c. 8, where a new cross-heading is inserted on 26/12/2023 that adopts existing ss. 94-96:

https://www.legislation.gov.uk/ukpga/1990/8/part/III/crossheading/termination-of-planning-permission-wales/2023-12-26

See also this example in 2000 c. 8, where s. 300H was adopted by a new cross-heading on 1/1/2024, when ss. 300G, 300F and a cross-heading were inserted above it:

https://www.legislation.gov.uk/ukpga/2000/8/chapter/I/crossheading/general-rulemaking-powers/2024-01-01

Checking the amendment in XMetaL

Once the provision has been inserted and the annotation has been automatically 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;
- 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);
- Commencement order is referenced (where applicable).
See more detail on the structure of textual amendment annotations in Annotation Conventions.
Scroll back up to the where the amendment was made in the amended provision and check the inserted provision is positioned correctly and that the tagging is correct, e.g. sometimes the title or number may be incorrectly tagged - if you think this may be the case, check how it has been tagged throughout the rest of the amended document and if necessary correct it. Also:
- Check that the extent of your inserted provision is correct. If the RestrictExtent attribute is blank, the provision will inherit the extent of the parent into which it has been inserted so you need to check that this is correct. See more on the RestrictExtent Attribute.
- If your high-level insertion contains any power-conferring provisions (marked in TOEs Comments for Editor as "Contains power"), you will need to set the ConfersPower attribute to "true" for those provisions. See more on the ConfersPowerAttribute.
- Remember to remove any Non Breaking Space Characters that may have been added to the amended provision by your insertion. See more on Non Breaking Space Characters.
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

Go back to the Update Details page and refresh the page by pressing CTRL and F5 at the same time.
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:
- That the provision/Part/Chapter/Schedule, etc. appears in the correct place in the Table of Contents;
- Open the new provision/Part/Chapter/Schedule, etc. on its own and check that there are opening and closing brackets around the text with an accompanying F-note reference appearing immediately after the opening amendment bracket. The version history should show one Point in Time as at the date of the insertion;
- That the provision/Part/Chapter/Schedule shows the correct extent;
- Open the parent level and view your amendment to check you’re satisfied that the amendment has formatted correctly, that it is in the right place and that it has square brackets around it and the annotation reference and annotation text are correct. See more detail on annotations in Annotation Conventions; and
- The version history should include a new Point in Time for the newly inserted provision and you should check that you can move between the Points in Time on the timeline correctly;
- You should check the timeline of adopted child provisions if you have inserted a high level provision (e.g. a cross-heading) that adopts existing children and use the timeline resolver if necessary. Often, the latest version of the children lose their altdates and so their previous versions do not display in the timeline, only the date they were adopted by the new parent. Clicking the timeline resolver should fix this.
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.
You can now navigate to the next part of your update task.

Video Instructions: Insertion of a section (wholly in force and whole extent)

SCENARIOS

Also see Specific Update Issues.

Inserting a provision into a parent level that is not yet in force - removing an unnecessary PiT

If you are inserting a new whole provision into a parent level that is prospective (i.e. not yet in force), and the editorial system has inserted a PiT for the start date of the newly inserted whole provision, you can remove it using the timeline resolver. If that doesn’t work, check the provision out in XMetaL, remove the start date and set the status to prospective in the attributes (as described above).

RELATED PAGES

Editorial Update approach, specific issues and troubleshooting:

@@ Line 96: / Line 96: @@
 {| class="wikitable" style="background-color:#f2f2f2;"
 |<strong>Step One</strong>
+|-
-<ol><li>In the <strong>amending provision</strong> window:
+|The <strong>[[Editorial_Update/Editorial_Practice_Guide#SPECIFIC_UPDATE_ISSUES|Specific Update Issues]]</strong> guidance includes some <strong>[[Editorial_Update/Editorial_Practice_Guide#Editorial_Update_-_some_general_reminders|general Editorial Update reminders]]</strong> to be aware of before you carry out your amendment. Also included is information on <strong>[[Editorial_Update/Editorial_Practice_Guide#Presentation_of_Revised_Legislation|how amendments are presented]]</strong>.
+<br>
+Make sure that you
+<strong>[[Editorial_Update/Editorial_Practice_Guide#.E2.80.98Tidying_up.E2.80.99_amendment_text:_fixing_incorrectly_tagged_amending_provisions_and_removing_unwanted_tagging|remove any tagging that is not required in the amendment text]]</strong>, to prevent formatting errors.
+<br>
+See also the advice on how to [[Editorial_Update/Editorial_Practice_Guide#Approach_to_.E2.80.98awkward.E2.80.99_amendments|approach more unusual types of amendment]], and [[Editorial_Update/Editorial_Practice_Guide#APPROACH_TO_UPDATE_-_SOME_BASIC_RULES_AND_EXCEPTIONS|Approach to Update - Some Basic Rules and Exceptions]].
+<br>
+|-
+|<ol><li>In the <strong>amending provision</strong> window:
 <br/>
 *Read what the amendment is and where in the <strong>amended provision</strong> it is to be made.