Difference between revisions of "Editorial Update/Textual Amendments/Substitutions/Higher Level Substitutions"
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Unequal substitutions of whole provisions | Unequal substitutions of whole provisions | ||
| − | + | =“More for less”= | |
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| + | Where a substitution of provisions occurs and the end result will be that there are now 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), then the following procedure should be adopted: | ||
a) if one of the provisions is being substituted by the same numbered provision (as s. 27 is in the example cited), then that provision alone should be substituted using the straightforward whole provision substitution procedure. This situation may of course apply to more than one of the target provisions | a) if one of the provisions is being substituted by the same numbered provision (as s. 27 is in the example cited), then that provision alone should be substituted using the straightforward whole provision substitution procedure. This situation may of course apply to more than one of the target provisions | ||
(see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Substitutions/Substitution_of_Provisions_and_Sub-Provisions); | (see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Substitutions/Substitution_of_Provisions_and_Sub-Provisions); | ||
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http://www.legislation.gov.uk/ukpga/2006/32/schedule/7B | http://www.legislation.gov.uk/ukpga/2006/32/schedule/7B | ||
| − | + | =“Less for more”= | |
| + | |||
| + | Where a substitution of provisions occurs and the end result will be that there are now fewer provisions than there were previously, then the following procedure should be adopted: | ||
a) if one of the provisions is being substituted by the same numbered provision, then that provision alone should be substituted using the straightforward whole provision substitution procedure. This situation may of course apply to more than one of the target provisions | a) if one of the provisions is being substituted by the same numbered provision, then that provision alone should be substituted using the straightforward whole provision substitution procedure. This situation may of course apply to more than one of the target provisions | ||
(see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Substitutions/Substitution_of_Provisions_and_Sub-Provisions); | (see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Substitutions/Substitution_of_Provisions_and_Sub-Provisions); | ||
Revision as of 08:01, 17 May 2019
Unequal substitutions of whole provisions
“More for less”
Where a substitution of provisions occurs and the end result will be that there are now 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), then the following procedure should be adopted: a) if one of the provisions is being substituted by the same numbered provision (as s. 27 is in the example cited), then that provision alone should be substituted using the straightforward whole provision substitution procedure. This situation may of course apply to more than one of the target provisions (see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Substitutions/Substitution_of_Provisions_and_Sub-Provisions); b) otherwise the additional provisions (in this case ss. 27A-27C) should be inserted at the appropriate parent level (see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Insertions/Higher_Level_Insertions); c) if none of the provisions being “substituted in” shares the same number as the existing provision/s being “substituted out”, that existing provision should repealed (see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Repeals/Repeal_of_Provisions_and_Sub-Provisions); d) all the amendments (whether substitutions, insertions or repeals) should be done using the same update task and therefore end up with identical annotations.
Example of a “more for less” substitution where s. 27 is substituted and ss. 27A-27C are inserted: http://www.legislation.gov.uk/ukpga/1992/13/part/I/chapter/II/crossheading/dissolution-of-further-education-corporations
NB We do not want to directly “substitute in” multiple new P1 provisions for an existing P1 provision because that will play havoc with the xml fragment ids and mean that the new P1s are inaccessible from the Table of Contents.
NB We do not want the newly inserted provisions (e.g., in the case cited, ss. 27A-27C) to share the same amendment brackets as the substitution of the same numbered provision (e.g. s. 27) as this gives rise to false altdates and therefore an incorrect timeline in the newly inserted provisions. So please do not 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.
NB Where higher level provisions such as Schedules or Parts etc 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), we will need to seek assistance from TSO as I don’t think the auto repeal button will be available in the Table of Contents to enable us to perform the repeal of Sch. 7 after inserting Schs. 7A, 7B. So please refer these situations to a reviewer to pass on to TSO. Example: http://www.legislation.gov.uk/ukpga/2006/32/schedule/7 http://www.legislation.gov.uk/ukpga/2006/32/schedule/7A http://www.legislation.gov.uk/ukpga/2006/32/schedule/7B
“Less for more”
Where a substitution of provisions occurs and the end result will be that there are now fewer provisions than there were previously, then the following procedure should be adopted: a) if one of the provisions is being substituted by the same numbered provision, then that provision alone should be substituted using the straightforward whole provision substitution procedure. This situation may of course apply to more than one of the target provisions (see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Substitutions/Substitution_of_Provisions_and_Sub-Provisions); b) otherwise the provisions which are being “substituted out” without replacement should be repealed (see http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Repeals/Repeal_of_Provisions_and_Sub-Provisions); c) all the amendments (whether substitutions or repeals) should be done using the same update task and therefore end up with identical annotations.
Another example of a “more for less” substitution is 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: http://www.legislation.gov.uk/ukpga/Eliz2/9-10/33/part/II/crossheading/general-provisions
NB We do not want to directly substitute an existing provision (e.g. s. 6 in the above example) 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.