Difference between revisions of "Editorial Update/Textual Amendments/Substitutions/Higher Level Substitutions"
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==More for less== | ==More for less== | ||
| − | + | A substitution of provisions where there will be more provisions than there were previously (for example see 1992 c. 13 [http://www.legislation.gov.uk/ukpga/1992/13/part/I/chapter/II/crossheading/dissolution-of-further-education-corporations ss. 27-27C], which were substituted for s. 27 by 2011 c. 21, Sch. 12 para. 7). | |
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| − | + | ===Instructions=== | |
| − | + | If one of the provisions is to be substituted by the same numbered provision (as s. 27 is in the example cited): | |
| + | #Substitute that provision only, as per the normal whole provision substitution procedure; | ||
| + | ##NB this may apply to more than one of the target provisions; | ||
| + | #Insert the additional provisions at the appropriate parent level. | ||
| − | + | If none of the provisions to be “substituted in” share the same number as the existing provision/s to be “substituted out”: | |
| + | #Repeal the existing provision; | ||
| + | #Insert the new provisions at the appropriate parent level. | ||
| − | + | ====Tips==== | |
| + | *All of the amendments (whether [http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Substitutions/Substitution_of_Provisions_and_Sub-Provisions substitutions], [http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Insertions/Higher_Level_Insertions insertions] or [http://community.legislation.gov.uk/wiki/Editorial_Update/Textual_Amendments/Repeals/Repeal_of_Provisions_and_Sub-Provisions repeals]) should be completed using the same update task and therefore end up with identical annotations. | ||
| + | *Where higher level provisions such as Schedules or Parts are replaced by new Schedules or Parts that do not share the same number (for example, see 2006 c. 32, Schs. [http://www.legislation.gov.uk/ukpga/2006/32/schedule/7A 7A], [http://www.legislation.gov.uk/ukpga/2006/32/schedule/7B 7B] which were substituted for [http://www.legislation.gov.uk/ukpga/2006/32/schedule/7 Sch. 7] by 2017 c. 4, Sch. 1), refer it to a reviewer to pass on to TSO. | ||
| − | + | <strong>Do not</strong> | |
| − | + | *Directly “substitute in” multiple new P1 provisions for an existing P1 provision because the new P1s will be inaccessible from the Table of Contents. | |
| − | + | *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. Where the newly inserted provisions (e.g., in the case cited, ss. 27A-27C) share the same amendment brackets as the substitution of the same numbered provision (e.g. s. 27) it will give rise to false altdates and therefore an incorrect timeline in the newly inserted provisions. | |
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==Less for more== | ==Less for more== | ||
Revision as of 11:13, 17 May 2019
Unequal substitutions of whole provisions
More for less
A substitution of provisions where there will be 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).
Instructions
If one of the provisions is to be substituted by the same numbered provision (as s. 27 is in the example cited):
- Substitute that provision only, as per the normal whole provision substitution procedure;
- NB this may apply to more than one of the target provisions;
- Insert the additional provisions at the appropriate parent level.
If none of the provisions to be “substituted in” share the same number as the existing provision/s to be “substituted out”:
- Repeal the existing provision;
- Insert the new provisions at the appropriate parent level.
Tips
- All of the amendments (whether substitutions, insertions or repeals) should be completed using the same update task and therefore end up with identical annotations.
- Where higher level provisions such as Schedules or Parts 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), refer it to a reviewer to pass on to TSO.
Do not
- Directly “substitute in” multiple new P1 provisions for an existing P1 provision because the new P1s will be inaccessible from the Table of Contents.
- 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. Where the newly inserted provisions (e.g., in the case cited, ss. 27A-27C) share the same amendment brackets as the substitution of the same numbered provision (e.g. s. 27) it will give rise to false altdates and therefore an incorrect timeline in the newly inserted provisions.
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:
- 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);
- 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);
- 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.