Difference between revisions of "Effects Spreadsheet"
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When completing the Update task, the relationship between the entry in this column and the Affecting Extent (column I) and the Affecting Territorial Application (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the [[Editorial_Update/Limited_Extent_Amendments|Limited Extent Amendments]] page of the wiki. | When completing the Update task, the relationship between the entry in this column and the Affecting Extent (column I) and the Affecting Territorial Application (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the [[Editorial_Update/Limited_Extent_Amendments|Limited Extent Amendments]] page of the wiki. | ||
| − | ===G=== | + | ===G - Affected Territorial Application=== |
| + | Territorial Application describes the jurisdiction to which the legislation <u>applies</u>. Legislation may be law for the whole of the UK (the extent) but it may only <u>apply</u> to part of it, for example an S.I. may explicitly state or indicate from its wording/context that it has no application beyond Scotland. The extent is still UK, but with Scottish territorial application. See the explanation of the [[Effects_Spreadsheet#E_-_Affected_Extent|Affected Extent]] column above for a more detailed explanation of extent. The affected territorial application is thus the geographical application of the affected provision. | ||
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| + | Like columns E and F above, the affected territorial extent column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: <strong>"E+W+S+NI"</strong> to the separate jurisdiction of Scotland or Wales: <strong>"S"</strong> or <strong>"W"</strong>, and any combination in between. You can see a list of these combinations and further information in the preparation task <strong>Record Effects'</strong> guidance on [[Preparation_Tasks/Record_Effects/Affecting_Extent_and_Territorial_Application|Affecting Extent and Territorial Application]]. | ||
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| + | The term 'extent' when used in legislation refers to the jurisdiction(s) for which it is law. Thus, the extent of a piece of legislation may be the whole of the UK or one or more of the three jurisdictions within the UK: England and Wales; Scotland; and Northern Ireland (excluding the Isle of Man and the Channel Islands). ‘England' and 'Wales' are not separate jurisdictions. The term “Great Britain” refers only to England, Wales and Scotland with their subsidiary islands (also excluding the Isle of Man or the Channel Islands). The affected extent is thus the jurisdiction of the affected provision. | ||
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| + | When completing the <strong>Record Effects</strong> task, the extent identified by the editor in the <strong>Identify Effects</strong> task on the front page of the digital or hard copy of the legislation will be entered into the Affected Extent column. There may be several different extents in this column as the affected legislation may allocate different extents for different provisions. | ||
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| + | When completing the <strong>Research Affected Extent</strong> task, you will identify the affected legislation's extent provisions (in the latest version of the legislation) and follow their instructions, populating this column with the precise extent of the lowest sub-provision that is actually affected. | ||
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| + | When completing the <strong>Update</strong> task, the relationship between the entry in this column and the <strong>Affecting Extent</strong> (column I) and the <strong>Affecting Territorial Application</strong> (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the [[Editorial_Update/Limited_Extent_Amendments|Limited Extent Amendments]] page of the wiki. | ||
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| + | Legislation may be law for the whole of the UK – that is, its extent is UK – but it may apply only to part of it. So, for example, an Very frequently, an S.I. will technically extend to England and Wales but apply only to one or the other geographical area. The extent is EW and the territorial application E or W as the case may be. Territorial Application is rarely specified explicitly in primary legislation. For ‘Extended Toes’ purposes (research of effects in preparation for update), there are separate columns for extent and territorial application. | ||
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| + | As has been noted above, TA is rarely explicitly stated in primary legislation. However, if there is no TA specified in the secondary legislation, the TA may be determined by the relevant power-conferring provisions in the Act. This is commonly an issue relating to application of S.Is. in England or Wales, much less frequently in relation to Scotland or Northern Ireland. For example, the Act may provide (in whatever terms) that the Welsh Ministers may make regulations that apply only to Wales, or the Secretary of State may make regulations that apply only to England. (But note that it cannot be assumed that any power of the Welsh Ministers to make secondary legislation must relate only to Wales. Depending on the wording of the relevant provisions, the Welsh Ministers may have power to make law applying anywhere in England and Wales.) | ||
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| + | Affected Territorial Application Use this column to record the territorial application value of an affected provision where it has been explicitly stated in the affected Act. This is very rare in primary legislation, but will occur more often when we move to update specific secondary legislation. | ||
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===H=== | ===H=== | ||
===I=== | ===I=== | ||
Revision as of 15:05, 27 June 2019
To update
Column Groupings
Extent
Columns E-J
Amending
Commencement
Additional PiTs
Columns Z onward:
Explain the first set - talk through and then put they are all the same after that.
Notes for Editor
Column
Column overview
A - Effect ID
The Effect ID is automatically generated and is a protected column in the spreadsheet. If you try to enter data in this column, a pop-up will state "Do not change effect IDs. When you create a new effect, leave the ID blank. A new ID will be automatically created for it." Select cancel in this pop-up.
The effect ID is the unique group of numbers and letters that you normally see in XMetaL after the opening "ukl:Commentary" tag of an amendment's annotation.
You do not need to do anything with this column.
B - Affected Legislation
The affected legislation is the primary or secondary piece of legislation to which an amendment will be applied.
The affected legislation column will be populated with the year, number and type of legislation. The preparation task Record Effects' guidance on Affected and Affecting Legislation lists the different types of legislation and their corresponding formatting that you should expect to see in this column.
When completing the Record Effects task, there may be several different pieces of legislation in this column as the spreadsheet records every piece of legislation affected by the legislation whose effects have been identified in the prior preparation task, Identify Effects task.
In contrast, when completing the Research Effects and Update tasks, there will only be one piece of legislation in this column as the spreadsheet only contains the effects information which affect the piece of legislation you are researching/updating.
C - Affected Provision(s)
The affected provision(s) is the provision of the affected legislation to which an amendment will be applied.
The affected provision column will be populated with the lowest, numbered (or lettered as the case may be) affected provision/sub-provision as stated in the affecting legislation. The preparation task Record Effects' guidance on Affected and Affecting Provisions sets out the different levels of provisions and their corresponding formatting that you should expect to see in this column.
When completing the Record Effects task, the affected provision will be entered from the point of view of the result of the effect, for example where a provision is to be renumbered (e.g. where s. 12 is being renumbered as s. 12(1)) then the result of the renumbering (s. 0012(01)) will be entered as the affected provision. There will be 1 affected provision per row, with the exception of affected unbroken consecutive ranges of provisions/sub-provisions for example (e.g. s. 0010-0015).
You will use this column to determine which part of the primary or secondary legislation you will be applying the amendment to when completing the Research Effects and Update tasks. You should also check the "COMMENTS For Editor" (column Q) for any exceptions to the provision entered in column C. For example, where the affected provision has been drafted in the legislation as an Act or Part or even a range of provisions, but excluding certain provisions (for example, an “Act (except sections 1, 13, 25 and Schedule 1)” is repealed), the affected provision as drafted e.g. “Act” will be entered into column C and the provisions excluded from the amendment will be in "COMMENTS For Editor" (column Q) (e.g. “except sections 1, 13, 25 and Schedule 1”).
D - Type of Effect
The type of effect describes what an affecting provision does to an affected provision. Effects are either textual (altering the text of the provision) or non-textual (modifying the provision’s scope or application without actually changing its text).
The type of effect column will be populated with a verb (e.g. insert) or a very brief description of the type of textual or non-textual effect to be applied to the affected provision, as described in the affecting legislation. The preparation task Record Effects' guidance on Types of Effect lists out the different types of effects and their corresponding formatting that you should expect to see in this column. Note, any numbers in this column, whether referring to legislation or provisions, will not be formatted with additional 0s as they are in other columns in the spreadsheet such as Affected Legislation (column B). For example, an act would be entered as "2003 c. 14" in Type of Effect (column D) compared to "2003 c. 014" in Affected Legislation (column B).
When completing the Record Effects task, the effects identified by the editor in the Identify Effects preparation task will be entered into the Type of Effect column. There will be 1 type of effect per row.
When completing the Update task, this column will alert you to the type of non-textual effect that you will check on the editorial site or determine the type of textual amendment you will carry out in XMetaL (the editorial software) on either the whole provision or word(s) in the provision listed in the Affected Provision column (column C). Note, although the textual effects entered in the type of effect column will use the same wording as the drafter in the affecting legislation (for example, add, omit) these effects should still be carried out as either insertions, substitutions or repeals. You should also check the "Affected Extent"-"Affecting Territorial Application" (columns E-J) and the "IF Date1" column onward (column W onward) to determine if the effect will be carried out in XMetaL either wholly or be restricted by either the geographical extent or commencement dates of the affecting legislation.
E - Affected Extent
The term 'extent' when used in legislation refers to the jurisdiction(s) for which it is law. Thus, the extent of a piece of legislation may be the whole of the UK or one or more of the three jurisdictions within the UK: England and Wales; Scotland; and Northern Ireland (excluding the Isle of Man and the Channel Islands). ‘England' and 'Wales' are not separate jurisdictions. The term “Great Britain” refers only to England, Wales and Scotland with their subsidiary islands (also excluding the Isle of Man or the Channel Islands). The affected extent is thus the jurisdiction of the affected provision.
The affected extent column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Wales: "S" or "W", and any combination in between. You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.
When completing the Record Effects task, the extent identified by the editor in the Identify Effects task on the front page of the digital or hard copy of the legislation will be entered into the Affected Extent column. There may be several different extents in this column as the affected legislation may allocate different extents for different provisions.
When completing the Research Affected Extent task, you will identify the affected legislation's extent provisions (in the latest version of the legislation) and follow their instructions, populating this column with the precise extent of the lowest sub-provision that is actually affected.
When completing the Update task, the relationship between the entry in this column and the Affecting Extent (column I) and the Affecting Territorial Application (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the Limited Extent Amendments page of the wiki.
F - Affected Effects Extent
Affected Effects are the amendments to other pieces of legislation contained within the affected provision. The affected effects extent is the geographical extent of those amendments. The term 'extent' when used in legislation refers to the jurisdiction(s) for which it is law. Thus, the extent of a piece of legislation may be the whole of the UK or one or more of the three jurisdictions within the UK: England and Wales; Scotland; and Northern Ireland (excluding the Isle of Man and the Channel Islands). ‘England' and 'Wales' are not separate jurisdictions. The term “Great Britain” refers only to England, Wales and Scotland with their subsidiary islands (also excluding the Isle of Man or the Channel Islands).
The affected effects extent column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Wales: "S" or "W", and any combination in between. There is the additional option of "Same as affected" where the extent of the amendments within the affected provision matches that of the provisions that they amend. You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.
When completing the Record Effects task, the extent of these amendments identified by the editor in the Identify Effects task on the front page of the digital or hard copy of the legislation, will be entered into the Affected Effects Extent column. There may be several different extents in this column as the affected legislation may allocate different extents for different provisions.
When completing the Research Affected Extent task, you will identify the affected legislation's extent provisions (in the latest version of the legislation) and follow their instructions, populating this column with the precise extent of the lowest sub-provision that is actually affected. This value will only be added if the Affected Effects Extent is different from the Affected Provision Extent. This can be identified by the affected legislation explicitly stating the amendments contained in specified provisions have a different extent from the provisions containing them or there will be a general statement to the effect that all amendments and repeals made by the Act (or a part of the Act) have the same extent as the provisions they amend or repeal.
[CHECK THIS INFO IS CORRECT?]] When completing the Update task, the relationship between the entry in this column and the Affecting Extent (column I) and the Affecting Territorial Application (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the Limited Extent Amendments page of the wiki.
G - Affected Territorial Application
Territorial Application describes the jurisdiction to which the legislation applies. Legislation may be law for the whole of the UK (the extent) but it may only apply to part of it, for example an S.I. may explicitly state or indicate from its wording/context that it has no application beyond Scotland. The extent is still UK, but with Scottish territorial application. See the explanation of the Affected Extent column above for a more detailed explanation of extent. The affected territorial application is thus the geographical application of the affected provision.
Like columns E and F above, the affected territorial extent column will be populated with the initial of the provision's jurisdiction, chosen from one of the preset options in the drop-down list. This can range from UK: "E+W+S+NI" to the separate jurisdiction of Scotland or Wales: "S" or "W", and any combination in between. You can see a list of these combinations and further information in the preparation task Record Effects' guidance on Affecting Extent and Territorial Application.
The term 'extent' when used in legislation refers to the jurisdiction(s) for which it is law. Thus, the extent of a piece of legislation may be the whole of the UK or one or more of the three jurisdictions within the UK: England and Wales; Scotland; and Northern Ireland (excluding the Isle of Man and the Channel Islands). ‘England' and 'Wales' are not separate jurisdictions. The term “Great Britain” refers only to England, Wales and Scotland with their subsidiary islands (also excluding the Isle of Man or the Channel Islands). The affected extent is thus the jurisdiction of the affected provision.
When completing the Record Effects task, the extent identified by the editor in the Identify Effects task on the front page of the digital or hard copy of the legislation will be entered into the Affected Extent column. There may be several different extents in this column as the affected legislation may allocate different extents for different provisions.
When completing the Research Affected Extent task, you will identify the affected legislation's extent provisions (in the latest version of the legislation) and follow their instructions, populating this column with the precise extent of the lowest sub-provision that is actually affected.
When completing the Update task, the relationship between the entry in this column and the Affecting Extent (column I) and the Affecting Territorial Application (column J) columns will determine if the amendment carried out in XMetaL will be whole or limited extent. Limited extent amendments occur when the amendment to be applied has a narrower geographical extent (or territorial application) than that of the affected provision. We have to make sure that we don’t remove or replace text that still applies in other jurisdictions. Further information can be found on the Limited Extent Amendments page of the wiki.
Legislation may be law for the whole of the UK – that is, its extent is UK – but it may apply only to part of it. So, for example, an Very frequently, an S.I. will technically extend to England and Wales but apply only to one or the other geographical area. The extent is EW and the territorial application E or W as the case may be. Territorial Application is rarely specified explicitly in primary legislation. For ‘Extended Toes’ purposes (research of effects in preparation for update), there are separate columns for extent and territorial application.
As has been noted above, TA is rarely explicitly stated in primary legislation. However, if there is no TA specified in the secondary legislation, the TA may be determined by the relevant power-conferring provisions in the Act. This is commonly an issue relating to application of S.Is. in England or Wales, much less frequently in relation to Scotland or Northern Ireland. For example, the Act may provide (in whatever terms) that the Welsh Ministers may make regulations that apply only to Wales, or the Secretary of State may make regulations that apply only to England. (But note that it cannot be assumed that any power of the Welsh Ministers to make secondary legislation must relate only to Wales. Depending on the wording of the relevant provisions, the Welsh Ministers may have power to make law applying anywhere in England and Wales.)
Affected Territorial Application Use this column to record the territorial application value of an affected provision where it has been explicitly stated in the affected Act. This is very rare in primary legislation, but will occur more often when we move to update specific secondary legislation.