Difference between revisions of "Editorial Update/Textual Amendments/Repeals/Higher Level Repeals"
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Revision as of 10:59, 3 October 2025
OVERVIEW
Repeals at higher level can include groups of provisions, Parts, Chapters, Schedules or the whole item of legislation. For a whole extent, wholly in force higher level repeal where there are no substantive savings, the text can be completely removed and replaced with a dotty line. This type of repeal may be carried out by the Auto Repeal function on the Editorial Site. It is not necessary to check the amended provision out in XMetaL, unless you need to edit the auto annotation after the Auto Repeal has been carried out. If you need to repeal a range of provisions, you can use the Batch Repeal function.
For higher level repeals where the text should remain intact (e.g. where the repeal is for a limited extent, specified purposes or there are substantive savings), it is possible to carry out a retained text repeal in the Editorial System where brackets will be included around the retained text an annotation will be inserted at top level, or the repeal may be carried out in XMetaL by inserting the repeal annotation in a suitable location and leaving the text untouched (i.e. no square brackets around retained text). The choice of approach will depend on the type of repeal and is explained further in the Editorial Approach section below.
Higher level repeals may also come into force in stages that need to be applied incrementally across various PiTs.
If you are not sure about any aspect of your higher level repeal, for example whether the text should be retained or not, or whether the retained text should be retained with brackets, or where the F-note should go, consult a Review Editor.
Before you carry out a higher level repeal
Before carrying out a higher level repeal, make sure that you have researched the effects spreadsheet to check the type of effect, the commencement status, the extent and whether there are any savings, so that you are clear about whether text needs to be retained or not, and if text does need to be retained whether it needs to be surrounded by square brackets or not.
Use the Decision-making Process for Higher Level Repeals and the Editorial Approach sections to help you to decide on the correct approach to take before you go to the relevant part of the Editorial Processes section, which will explain how to carry out the repeal in the Editorial System.
Note: Be careful to check that the TOES details are correct e.g. if the repeal has been recorded as for specified purposes in TOES that the repeal really is for specified purposes only and not just for a range of provisions. If any of the details are incorrect, TOES may need to be corrected (speak to a Review Editor).
Decision-making process for Higher Level Repeals
| 1. Does the repeal apply to all provisions or only some? Is the auto repeal or batch repeal functionality therefore the best way to achieve the desired result?
However, before leaping in to use either auto repeal or batch repeal, consider the following… 2. Is the repeal of any or all of those provisions qualified in some way? Does it only apply for specified purposes, or in relation to a limited extent or territorial application, or are there substantive (as opposed to common form) savings that might make us think twice before dotty-lining the text and instead push us towards retaining text? 3. If the repeal itself is not qualified, then has it been brought wholly into force or is its commencement qualified? Is it only in force for specified purposes, or in relation to a limited extent or territorial application, or only in relation to some of its provisions and not others? Does the commencement order contain substantive savings which make us think twice before sweeping the text away? 4. Has anything already been repealed and, if so, what’s the best way to repeal the remainder? For example, if one or two provisions have been wholly repealed in a Part and then the Part is repealed (with no qualification), then we would just do a whole Part repeal and not repeal the remaining provisions individually. (After all, users can always see what the situation was before the last repeal in the previous versions). But if the Part repeal had been qualified as “in so far as not already repealed” then that forces us to work out what the remaining provisions are and then batch repeal them. 5. What happens next? Is there anything in TOES coming along in a future PiT (further amendments to our repealed provisions) which might make us think that we need to approach the repeal more cautiously and perhaps recognise that the savings we may have dismissed as common form are more substantive than we gave them credit for? Perhaps it may just be easier for the user to make sense of what’s going on if, rather than removing the text, we decide to retain the text for now in order to apply the future amendments to the saved repealed provisions? |
EDITORIAL APPROACH
Whole repeals that are wholly in force
Where the repeal of the entire Part, Chapter, Schedule or whole item of legislation is wholly in force, covers the whole extent and there are no savings to be considered (see Caveat), you can use the Auto Repeal function. The amendments are automatically generated by the Editorial System when the Auto Repeal button has been selected from the High Level Update Details page.
Things to look out for
Errors in the automatically generated annotation
When you auto repeal a whole item of legislation, you will need to check that the correct type of legislation is referenced as the affected provision in the annotation (i.e. for secondary legislation, ‘Instrument’ should be amended as appropriate to ‘Order’, ‘Rules’ or ‘Regulations’ (See Citing Provisions in Secondary Legislation).
Note: for an Act of Adjournal, Act of Sederunt or Archbishops’ Instrument, the word ‘Instrument’ is correct and does not need to be changed.
| WARNING: Look out for a bug in the auto repeal function whereby the annotation that is generated when Regulations are auto repealed says “Regulation revoked” rather than “Regulations revoked”. Look out for this and correct as necessary (NB also double check for this potential issue when revoking Rules). |
Also check that the commencing provision of the amending legislation is present in the annotation and add it in if it is missing.
You can edit the annotation using the Edit button to the right of the annotation in Preview to edit it without having to check the provision out again in XMetaL. Click Update when you have finished making your changes to the text of the annotation (this will also generate any hyperlinks if necessary). You only need to check the provision out to edit the annotation where a hyperlink doesn't work because two same level sub-provisions are being cited (e.g. reg. 1(2)(3)), or if the wrong provision has been highlighted as being the operative provision. See more on fixing broken hyperlinks here.
Location of F-note reference, annotation and dotty lines
When you preview the completed amendment, you should make sure that the text of the repealed Part/Chapter/Schedule or whole item of legislation has been replaced by a dotty line. On opening the Parent Level from the ToC, directly below the heading there will be a single dotty line and following that will be the annotation giving authority for your repeal. On the Timeline of Changes you will see a new version has been created as at the date of the PiT of the repeal:
| Whole repeal of a whole item of legislation |
|
Note also that the word ‘(revoked)’ has been added to the end of the legislation title in the locations that have been highlighted. The word ‘revoked’ should only be present in these locations where a full repeal has been carried out, not for a retained text repeal. The top title is contained within the dc:title element, which is part of the metadata and we are unable to edit this directly, however if we make amendment to the legislation title, this should also be carried through into this top title. If an item of legislation is inadvertently fully repealed when text should have been retained, and the repeal needs to be corrected, we need to make sure that the word ‘(revoked)’ is removed from the legislation title and the top title.
| Whole repeal of a Schedule
https://www.legislation.gov.uk/uksi/2010/490/schedule/1/2017-11-30 |
|
An example of the format of one of the revoked Child Provisions within the Schedule is:
https://www.legislation.gov.uk/uksi/2010/490/schedule/1/paragraph/1/2017-11-30
The provisions have a single dotty line appearing immediately after the provision number. There isn’t an F-note reference, but the annotation still appears below. On the Timeline of Changes there is a start date as at the date of the PiT of the repeal.
See an example of a whole repeal of a Chapter here:
https://www.legislation.gov.uk/uksi/2019/657/part/3/chapter/2/2020-12-31
Child provision within the repealed Chapter: https://www.legislation.gov.uk/uksi/2019/657/regulation/54/2020-12-31
Partially dotty lined Explanatory Notes when using the auto repeal function to revoke secondary legislation
| There is currently a bug in the auto repeal facility which means that sometimes the Explanatory Note (EN) is left intact and still appears at the end of the revoked SI and sometimes the EN gets dotty lined and no longer appears at the end of the revoked SI. This is described in more detail under Specific Update Issues. |
Caveat: what happens where there are savings
If your repeal is wholly in force and whole extent (so that all the text will be omitted upon repeal) but you think the savings are so substantial that text should be retained, consult a Review Editor about how to proceed.
Where there are substantive (as opposed to common form) savings, we may need to pause before going ahead and removing and dotty-lining the text and take some time to consider whether text should be retained.
If the legislation is repealed but continued for specified purposes and at the same time there are large insertions as so continued, it is probably useful to website users to retain text so that it can still be referred to easily (see examples below).
Also, 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.
See also the Scenarios section below, for an example of how we dealt with a document that was repealed with savings where text wasn't retained but the saved version was subsequently amended.
| See, for example, the repeal of 1967 c. 86, ss. 30-38:
This repeal is subject to substantive savings in 2003 asp 2, Sch. 2 para. 7, which leaves those provisions in effect for a whole class of specified rights, which justified the text being retained: “Notwithstanding the repeal of section 30 to 38, those sections continue to have effect— (a) to the extent that the rights and facilities afforded to the public under those sections are not secured by section 1 above; (b) in relation to land in respect of which access rights are, under section 6 above, not exercisable; and (c) in relation to rights of way.”
This repeal is subject to 2003 asp 2, Sch. 2 para. 6, but these savings are more common form and transitional and therefore do not justify retaining the text: “The coming into force of the repeal of Part II does not— (a) prevent compensation thereafter being claimed or becoming payable under section 21 of the Act (compensation for depreciation or disturbance as a result of access order to be assessed only after five years' operation of order); or (b) otherwise affect the operation thereafter of sections 21 to 23 and 70 of that Act in relation to claims for or payment of compensation.” Note that transitional arrangements smooth the change in the law for certain persons or purposes and, it doesn’t really matter how long that transitional period is, the transitional arrangements will eventually come to an end and the new law will prevail. A substantive saving would result in these amendments not applying to certain persons or things etc at all and the old law continuing indefinitely in relation to those persons or things etc. |
Substantive savings
If there are substantive savings that mean that text should not be removed, you should carry out a retained text repeal, for example:
| Example 1: https://www.legislation.gov.uk/ukpga/2002/21/part/1 |
|
| Example 2: https://www.legislation.gov.uk/ukpga/1972/68/introduction/2020-01-31 (whole Act retained text repeal that is subject to temporary savings): |
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| Example 3: https://www.legislation.gov.uk/uksi/2013/1119 (retained text whole Order, note position of closing square bracket for the retained text repeal when the whole document is opened - at the end of Sch. 9 and before the Explanatory Note): |
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Common form savings
Where there is a repeal with a common form saving, you should remove the text. If further amendments come along later, we can apply these as appended commentary to the repeal annotation for later amendments to saved provisions.
| Example 1: http://www.legislation.gov.uk/ssi/2007/577/introduction |
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| Example 2: https://www.legislation.gov.uk/nisr/2020/55 |
|
Whole repeals that are not wholly in force
Scenarios where a whole repeal is brought into force incrementally over time
A repeal may not be wholly in force straight away but instead may be brought into force incrementally over time. It may be brought into force incrementally in one of three ways, or in a combination of all three:
Case 1. It may be brought into force for some, but not all, of its purposes.
Case 2. It may be brought into force for a part, but not all, of its extent or territorial application.
Case 3. It may be brought into force for some, but not all, of the provisions it affects.
As the repeal is brought further into force our aim should be to ensure that the F-note telling the story of its coming into force is accurate and that relevant child provisions are dealt with appropriately at each stage.
| Approach in each case the first time the repeal is partially brought into force
Case 1 - Specified purposes: If the repeal is commenced only for specified purposes, leave the text intact and insert an F-note at top level. The F-note will only be visible at the top level and not in individual child provisions. But, where the repeal has been commenced for specified purposes in relation only to specified individual provisions, then (in addition to the top level F-note) we should perform retained text repeals of those individual child provisions as well and these should share the same F-note as the top level. Case 2 - Partial extent (or territorial application): If the repeal is commenced only for a part of its extent (or territorial application), carry out a retained text repeal of words in the heading and cut and paste the closing bracket to the end of the item of legislation or Chapter/Part/Schedule, so that the whole text of the item of legislation or Chapter/Part/Schedule is retained with square brackets around it. The F-note reference will be situated at the beginning of the heading and a derived annotation will be viewable in individual child provisions. (Please see the Warning below re high level retained text repeals). However, where the repeal has been commenced for a limited extent/TA only in relation to specified individual provisions, then those specified provisions should be retained text repealed and an F-note should be inserted at the top level. You will also need to consider more complex scenarios where there are existing limited amendments in the child provisions and tailor your approach appropriately. Case 3 - Specified provisions: If the repeal is commenced only for specified provisions, an F-note for the repeal should be inserted at top level and each specified provision should also be repealed in the usual way resulting in a dotty line (either individually or using the batch repeal functionality). The individually repealed provisions should share the same F-note as the top level. |
Subsequent approach as repeal comes further into force
Thereafter, as the repeal comes further into force, the top level F-note should be checked (and corrected if necessary) and action taken at individual child provision level as appropriate.
When the repeal is finally brought wholly into force it may be appropriate at that stage to dotty line the whole text. If the auto repeal button or batch repeal page is not available at that stage, then you can use the workaround described below. If this workaround doesn't work, a story should be raised with TSO to help out.
Once the auto-repeal has been carried out you may need to remove the brackets of previous retained text repeals performed at both heading and child levels, as these won’t be removed automatically by the auto-repeal process.
At the final Point in Time, when the repeal is wholly in force, the higher level provision should look as though it has been wholly repealed: there should be no opening or closing brackets left and the text should have been removed and dotty-lined.
| WARNING: When a higher level retained text repeal is brought into force in so far as not already in force, do not change the attributes for the retained text repeal from =true to =false as this will wipe out structural xml tagging as well as text and make the document incoherent. You need instead to carry out an auto-repeal or batch repeal to dotty line the text and check that the F-note accurately reflects the story of the repeal from start to finish. |
This guidance outlines the most common way to approach these types of repeals. There may be variations that mean that a more tailored approach may be necessary. If you are not sure of the approach to use, consult a Review Editor.
| Example 1: Incremental repeal of 1965 c. 64, which is repealed for specified provisions and extents beginning on 1/10/2006: |
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Example 2: Incremental repeal of S.I. 2020/353, beginning on 11.7.2020 (Regulations revoked for the revocation of reg. 5 for all purposes and regs. 4(4)-(6), 7A, 10-14 for specified purposes):
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Example 3: 1965 c. 4, Sch. 3 was omitted for specified purposes ("except to the extent it applies to either or both of the Medical Research Council or the Science and Technology Facilities Council") on 31.10.2018, as brought into force by SI 2018/1054, reg. 2(d)(ii). When the effect was applied, the in force date qualification was changed from "specified purposes" to the following, to make it clearer to the end user:
Sch. 3 omitted (31.10.2018 except to the extent it applies to either or both of the Medical Research Council or the Science and Technology Facilities Council) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 4(5); S.I. 2018/1054, reg. 2(d)(ii)
|
Partial repeals - Wholly in force
Ceases to have effect
Approach: Carry out retained text repeal with square brackets (if you can), F-note at top level.
| Example: https://www.legislation.gov.uk/ssi/2016/346/2020-04-07 |
|
Note: all ‘ceases to have effect’ repeals need to be carried out with retained text in square brackets, whether temporary or not. Also note wording ‘by virtue of’ in annotation.
“Repealed for specified purposes” or “repealed in part”
Approach: Carry out retained text repeal with square brackets (if you can), F-note at top level
| Example 1: Regulations ‘revoked in part’
|
|
| Example 2: Regulations ‘revoked in part’ https://www.legislation.gov.uk/uksi/2005/1971/introduction |
| Example 3: Schedule ‘revoked in part’ where the relevant part of the Schedule was fully revoked
See the affecting provision SI 2012/3118, Sch. 3, which revokes SI 2010/2214, reg. 54(1) and Sch. 5 "insofar as they relate to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007": https://www.legislation.gov.uk/uksi/2012/3118/schedule/3/made The part of Sch. 5 relating to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 was fully revoked: https://www.legislation.gov.uk/uksi/2010/2214/schedule/5/2013-01-09 |
Note: sometimes ‘revoked in part’ (or ‘repealed in part’) may have been recorded as the type of effect when certain provisions only have been revoked/repealed and it would be more appropriate to use the type of effect ‘revoked (except for…)’ (or ‘repealed (except for…)’) (see below). If you think the type of effect may need to be amended consult a Review Editor.
“repealed (except for…)”
Approach: Repeal the provisions that are fully repealed and leave the text intact for excepted provisions (with square brackets where appropriate i.e. where text is left intact for specified purposes or extent, otherwise leave excepted provisions untouched), insert the F-note for the repeal at top level.
| Example 1: https://www.legislation.gov.uk/nisr/2013/71/2015-04-01 |
|
| Example 2: https://www.legislation.gov.uk/nisr/2013/207/2015-07-01
|
| Example 3: https://www.legislation.gov.uk/uksi/2002/501/2010-04-01 |
Limited extent or territorial application
Approach: Carry out retained text repeal with square brackets (if you can), F-note at top level, using the limited extent repeal option in XMetaL:
https://www.legislation.gov.uk/uksi/2020/91/introduction/2024-01-01
https://www.legislation.gov.uk/uksi/1992/548/schedule/1/part/IV/2003-04-01
If it is impractical to carry out a retained text repeal in this manner (for example if the checked out fragment is too large), then you will have to just insert an F-note repeal annotation instead, making sure that the annotation contains an indication of its limited extent/TA.
You will also need to consider more complex scenarios where there are existing limited amendments in the child provisions and tailor your approach appropriately.
More examples of limited extent repeals can be found in the limited extent amendments pages.
Partial repeals - Not wholly in force
- partial repeal commenced for specified purposes
- partial repeal commenced for limited extent/territorial application
- partial repeal commenced for specified provisions
Where the commencement of a partial repeal is incremental, the annotation for the repeal should be updated as the repeal is commenced further. You will need to check the auto annotation to make sure it reflects the story so far, and dotty line or add retain text brackets as appropriate.
Incremental repeals
The term “incremental repeal” is used to describe a repeal that takes place in stages, it may be a whole repeal that is commenced incrementally over time, or a partial repeal that is wholly in force or also commenced over time, as follows:
Whole repeals - not wholly in force
A whole repeal may not be wholly in force straight away, but instead may be brought into force incrementally over time. It may be brought into force incrementally in one of three ways, or in a combination of all three:
- it may be brought into force for some, but not all, of its purposes.
- it may be brought into force for a part, but not all, of its extent or territorial application.
- it may be brought into force for some, but not all, of the provisions it affects.
As the repeal is brought further into force our aim should be to ensure that the F-note telling the story of its coming into force is accurate and that relevant child provisions are dealt with appropriately at each stage.
See further detail:
Scenarios where a repeal is brought into force incrementally over time
Subsequent approach as repeal comes further into force
Partial repeals - wholly in force
A repeal may be wholly in force but only only be partial, i.e. repealed for a limited extent, for specified purposes, repealed in part (or "except for" certain provisions), or “ceases to have effect”, the repeal of that high level may subsequently be made for further jurisdictions, purposes or provisions, which may eventually lead to the whole repeal of that high level; this is another form of incremental repeal.
The Limited Extent page explains how to update an existing limited extent amendment when an identical amendment is applied for another jurisdiction, which includes advice on what to do when the amendment now fully extends to all jurisdictions. The principles are similar for other types of partial repeal, whereby the details for the subsequent repeal(s) will be merged into one annotation and any relevant child provisions dealt with as appropriate.
Partial repeals - not wholly in force
Partial repeals may also be brought into force incrementally over time. Where the commencement of a partial repeal is incremental, the annotation for the repeal will be updated as the repeal is commenced further. Editors should check the auto annotation to make sure it reflects the story so far, and dotty line or add retain text brackets as appropriate.
What happens when an incremental repeal leads to the whole revocation of a document
If a whole document has been revoked incrementally, and the latest stage in that incremental revocation means that the whole document is revoked, editors need to make sure that the title of the document is amended to include “(revoked)” at the end of it, which should then automatically be reflected in the dc:title at the top of the document:
Cross-headings
If your update task involves the repeal of a cross-heading itself, this will be carried out from the High Level Update Details page. Check out the cross-heading from the High Level Table of Contents and carry out a repeal of words of the cross-heading text. For example, to repeal the cross-heading "Interest and royalty payments" you would select the "Check out for edit" button next to this cross-heading in the Table of Contents:
Next, you need to carry out a repeal of words on the text within the cross-heading ukl:title tags in XMetaL:
The repealed cross-heading should like like this when you preview it on the website:
Repealing a range of provisions underneath a cross-heading
If your update task involves repealing a cross-heading and the provision (or range of provisions) that comes after it, once you have carried out the repeal of words in the cross-heading ukl:title tags, you can repeal the provision (or range of provisions) individually using the usual method for repealing a provision (highlighting the same task in the Task Manager each time). You can also use the batch repeal function to repeal the range of provisions, but please read the Warning and guidance that follows this first:
| WARNING:The batch repeal function does not currently work correctly at cross-heading level, therefore do not select any cross-headings as part of a batch-repeal. (If you did include the cross-heading in the batch repeal, this would result in a single dotty line after the cross-heading, which is incorrect because the repealed provisions should also be visible, see example below) |
If you do want to use the batch repeal function to repeal the range of provisions that come after the cross-heading, make sure that you select all but one of the provisions that fall under the cross-heading (if you select all the provisions under the cross-heading, the cross-heading box is automatically selected and you should avoid this happening for the reason described in the Warning above).
Once you have carried out the batch repeal on this range of provisions, you should then amend the contents of the remaining provision manually, by checking out the cross-heading (which will also include the range of provisions) from the High Level Table of Contents and copying a dotted line from one of the newly repealed provisions and pasting it into the remaining provision (adjusting the tagging within the ukl:P1para of the remaining provision as appropriate and also inserting the F-note reference), for example:
You should end up with the repealed cross-heading and provisions looking like this when you preview the parent level (i.e. the cross-heading) on the website:
https://www.legislation.gov.uk/ukpga/2005/5/part/6/chapter/9/crossheading/interest-and-royalty-payments
Example at child provision level: https://www.legislation.gov.uk/ukpga/2005/5/section/757 (note that the section number and heading are still present).
Note: Where a range of provisions is being repealed, it is not our practice to repeal any cross-headings unless there is an explicit instruction from the drafter to do so.
EDITORIAL PROCESSES
Auto Repeal function
| Before you carry out an auto repeal, make sure you have read the sections Before you carry out a higher level repeal and Editorial Approach: Whole repeals - Wholly in force. |
The instructions in this section should only be followed if the repeal in your current PiT is:
- for the whole Chapter, Part, Schedule or item of legislation;
- for the whole extent;
- wholly in force; and
- there are no substantive savings that would mean that text should be retained.
1. On the High Level Update Details page, for:
- A whole item of legislation: click on the Auto Repeal button at the top of the ToC on this page.
- A Part, Chapter or Schedule: scroll down the ToC to find the Part, Chapter, Schedule or relevant Heading level to be repealed and select the Auto Repeal button next to the heading of that Part, Chapter or Schedule.
Note: If there is no Auto Repeal button displayed next to the provision you need to repeal, you can use the Batch Repeal Function to carry out the repeal.
2. In the pop-up box ‘Are you sure you want to apply auto repeals’ click OK; the system will automatically carry out the repeal and refresh the Update Details page (if the Update Details page doesn’t automatically refresh, it can be refreshed by pressing F5).
3. Once the auto repeal has been carried out, you will need to check and, if necessary, amend the automatically generated annotation.
4. Once you have checked the automatically generated annotation, select the Preview Legislation button and double check:
- You’re satisfied that the amendment has formatted correctly and that the annotation is correctly positioned;
- The annotation reference and the text of the annotation are correct (check annotation details such as type of effect, punctuation, date, savings (where applicable), commencement order (where applicable)).See more detail on annotations in Annotation Conventions;
- The right PiT has been created at the whole item of legislation level and also any parent and child levels;
- You can move between the PiTs on the timeline correctly.
For examples of what the amendment and annotation should look like, see Location of F-note reference, annotation and dotty lines. Also check the other Things to look out for.
5. Once you are satisfied that the amendment is correct, 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.
Workaround where auto repeal function is not available
If there is no auto repeal button displayed by the high level provision that you need to wholly repeal (and the batch repeal function is also unavailable), you can use the following workaround to carry out the repeal:
1. Check out at parent level (the level being repealed) and insert the repeal F-note at heading level and make sure that heading level has these attributes:
Match = true Status = repealed Restrict start date = [PiT date that you’re working on]
(NB parent heading title should not be dotty lined)
2. Manually repeal all children with same task. In fact, after doing the first child you can copy and paste the whole P1para (including F-note and dotty lined text tag) for the remainder.
(NB This is the correct number of dots for block repeal: “. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”)
You don’t need to repeal cross-headings.
3. Ensure all children (and also any cross-headings, which don’t need to be dotty lined) have the following attributes when you place cursor in P1group or P1 (depending on whether you’re in main body or schedule):
Match = false Status = repealed Restrict start date = [PiT date that you’re working on]
4. Check in.
If this workaround does not work, we should raise a call with TSO to help.
See more on amending attributes here.
Repeals where text is not removed
Insertion of repeal annotation
If you need to insert an F-note at the top level for a high level repeal where text is being retained but you are not performing a retained text repeal that will automatically insert an F-note (you can see examples of this type of repeal in Whole repeals - Not wholly in force and Partial repeals - Wholly in force), follow these instructions:
1. This amendment will be carried out in XMetaL: you will have checked out the introductory or top level provision containing the relevant title tagging from the High Level Update Details page and have set up your XMetaL workspace.
2. Your next action will depend on whether the repeal is for a whole item of primary or secondary legislation, or if it is for a whole Part, Schedule or chapter:
Whole item of primary legislation: In the amended provision, place the cursor immediately after the opening ukl:LongTitle tag at the top of the document.
Whole item of secondary legislation: In the amended provision, place the cursor immediately after the opening ukl:EnactingText tag in the Secondary Prelims at the top of the document.
Part, Chapter or Schedule: In the amended provision, place the cursor immediately after the ukl:Number at Part, Chapter or Schedule level (this is at the top of the document after the ukl:Part/ukl:Chapter/ukl:Schedule opening tag) but before the number of the Part, Chapter or Schedule.
3. Single click on the task to highlight it in the Resource Manager window.
4. On the toolbar at the top of the page click on Legislation - Non-Textual Amendments - Insert Commentary; this will
- insert a
ukl:CommentaryReftag and unique task number after the Part, Chapter or Schedule's openingukl:Numbertag, or for a whole item of legislation, in primary legislation after the openingukl:Longtitletag or in secondary legislation after the openingukl:EnactingTexttag; - insert the annotation for the task; and
- generate a green tick next to the task in the Resource Manager window.
5. Now carry out your Editorial Checks.
Note: You should scroll back up to the top of the Part, Chapter, Schedule or whole item of legislation to check the ukl:CommentaryRef tag has been correctly inserted.
Retained text repeal (text retained with square brackets)
Method to use in simple scenarios
To carry out a whole document, whole Part, whole Chapter, or whole Schedule retained text repeal, you need to check the relevant high level provision out in XMetaL and carry out a retained text repeal of words in the title of the whole document, or in the heading of the Schedule, Part or Chapter.
Use the "Retained text repeal" option where you are retaining text because your repeal is only partially commenced.
Use the "Limited extent repeal" option where you are retaining text because your repeal is only a limited extent/TA repeal
Then move the closing /repeal tag to the end of the last text tag of the last child provision in the Part, Chapter, Schedule or whole document (just before the last closing /ukl:Text tag of the final provision (do not include the text of the Explanatory Note in secondary legislation).
As well as displaying a repeal F-note at the high level provision level, this will also result in a derived repeal annotation appearing in each child provision which appears between the opening and closing square bracket when it is viewed separately.
See Examples 1-3 in the Substantive savings section to see what this type of repeal looks like.
Please do not try to change the type of repeal to a retained text repeal by altering any RetainText attributes in XMetaL, as this will cause problems in the data. Once you have completed the amendment, carry out your Editorial Checks as usual.
Note that the timeline resolver should be used to add the PiT of the retained text repeal to the individual provisions within your document/Part/Chapter/Schedule. For an example of this see Coronavirus Legislation - Temporary whole document retained text repeal.
Note that this method does not work so well in more complex scenarios, i.e. for a limited extent high level repeal where there are existing limited extent amendments within that high level, either in composite text or concurrent versions, or where large ranges of provisions have been inserted for a limited extent. The Limited Extent page goes into this in more detail.
Selecting the relevant provision to check out in XMetaL
If you need to make any amendments to a repeal annotation, carry out a retained text repeal or insert a repeal annotation you will need to check the relevant provision out in XMetaL from the Higher Level Update Details ToC:
Whole Item of Legislation: To edit an auto repeal annotation or insert a repeal annotation at top level, check out the Introductory Text. To carry out a retained text repeal you will need to check out the whole item of legislation, if this is feasible.
Schedule, Part, Chapter: To edit an auto repeal annotation, insert a repeal annotation or carry out a retained text repeal, check out the whole Schedule, Part or Chapter.
Repealing a range of provisions
You can use the Batch Repeal function to repeal ranges of provisions from the High Level Update Details page (fully repeal or repeal with retained text). You can also repeal each provision individually using the same method you would use to repeal an individual provision - if you choose to do this you should use the same task for each repeal within the range of provisions you are repealing, and the repeals will be carried out from the High Level Update Details page.
Note: Where a range of provisions is being repealed, it is not our practice to repeal any cross-headings unless there is an explicit instruction from the drafter to do so. The batch repeal function cannot be used to repeal cross-headings, this needs to be done by checking out the cross-heading from the High Level Update Details page and carrying out a repeal of words of the text in the cross-heading, see Cross-headings.
Batch Repeal Function
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The batch repeal tab will be displayed when this function is available to use, for example:
Scroll down through the ToC to find the provisions that you need to repeal:
Clicking on the red circle containing the exclamation mark will show you the amendment details (note that this may be missing the commencement details and won't necessarily be the same as the annotation that is generated when you carry out the batch repeal):
Select the provisions you wish to repeal using the check boxes and scroll back up to click the appropriate Full Repeal or Retained Text Repeal box to perform the repeal.
Higher level provisions
Note that if you select a parent provision such as a Chapter, all the child provisions will also be selected automatically and included in the repeal:
Cross-headings
The batch repeal function does not currently work correctly at cross-heading level, therefore do not select any cross-headings as part of a batch-repeal. (If you were to include a cross-heading in a batch repeal, this would result in a single dotty line after the cross-heading, which is incorrect because the repealed provisions should also be visible). See more on this in Cross-headings.
Checking batch repeals
Once the batch repeal is complete, you will be returned to the high level update details page:
Use the Preview Legislation button to check you’re satisfied that the amendment has formatted correctly, and carry out the usual Editorial Checks.
Look out for missing F-notes: sometimes the batch repeal function doesn't insert F-notes into every provision within the range that has been repealed. Once the batch repeal is complete, make sure that the F-note reference for the repeal is present in each provision you have repealed and if necessary add in any that have been missed (you can copy and paste the F-note reference in XMetaL):
If you carry out a batch repeal involving a higher level provision and you find that the child provisions have not been repealed correctly, it is possible to manually edit the attributes so that the child provisions display correctly as repealed. Ask a Review Editor if you are not sure how to do this.
Note: If you use the batch repeal function to repeal ranges of provisions in a higher level repeal, you may also need to insert an F-note at top level after you have carried out your batch repeal.
Editorial Checks
Checking the amendment in XMetaL
Once the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.
1. Check the annotation has been generated and that it is accurate and complete. Carry out any edits if necessary.
- Type of Effect is correct;
- Punctuation is correct (e.g. no unnecessary spaces);
- Date cited is that of the PiT 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 annotations in Annotation Conventions.
2. Scroll back up to the provision where the amendment was made and check any tagging and text are correct. 3. On the toolbar at the top of the page click Legislation - Check In. 4. In the pop-up Document is checked in successfully click OK.
Checking the amendment on the Editorial Site
1. Go back to the Update Details page and refresh the page by pressing CTRL and F5.
2. Select the Newly Edited Version to see a preview of the updated provision. Check that your amendment and annotation are 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 and that the annotation is correctly positioned;
- The annotation reference and the text of the annotation are correct (check annotation details such as type of effect, punctuation, date, savings (where applicable), commencement order (where applicable)).See more detail on annotations in Annotation Conventions;
- The right PiT has been created at the whole item of legislation level and also any parent and child levels;
- You can move between the PiTs on the timeline correctly. If you need to use the timeline resolver, only use it at provision level not whole document, main body or Schedules levels, as using it at these higher levels can remove the repealed status in the attributes which can make the preview look incorrect.
4. Once you are satisfied that the amendment is correct, 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.
SCENARIOS
Dealing with a document that has been wholly repealed with savings and the saved version subsequently gets amended
If a document has been repealed with savings that were not considered to be so substantial that the text should be retained (i.e. the text has been dotty lined), and there is a subsequent amendment to the saved version of that document, we can include the amendment details of that subsequent amendment in the original annotation for the repeal. See this example on the REUL page:
RELATED PAGES
Approach, errors and troubleshooting: