Difference between revisions of "Editorial Update/Textual Amendments"

Revision as of 08:24, 21 October 2020

Introduction to Textual Amendments

Textual Amendments generally refer to amendments where there is an authority to change the text of the legislation.

Amendment Types include:

Repeal
Revoke
Omit
Insert
Add
Substitute

These amendments authorise the editor to make changes to the text of the Act. However, where a provision “ceases to have effect”, or where the amendment cannot be applied, you need to follow the procedure for a textual amendment but without actually changing the text.

Textual amendments can affect legislation at any level, for example the whole item of legislation, at high level (e.g. Part, Chapter or Schedule), at provision level, or at the level of words. Our approach to editing the legislation depends on the level at which the amendment is taking place. The guidance on textual amendments is therefore organised by the type of amendment you wish to carry out and what 'level' of the document the amendment affects.

Updating Tables of Contents

Textual amendments to the main table of contents of an item of legislation are not made during editorial update, as the table of contents is dynamically generated. These effects are recorded in TOES, but should have been marked N in the “Applied to database” column with a Note saying 'This amendment not applied to legislation.gov.uk'. The table of contents for this legislation will be dynamically updated when its provisions are revised'. If you encounter an amendment to a table of contents during editorial update, you should check with a Review Editor as a TOES correction may be necessary. Note that amendments to tables of contents elsewhere in the legislation other than the main table of contents (e.g. to a table of contents at the top of Part 2 of a Schedule) will have to be applied as textual amendments.

Insertions

Insertion of Words

Carrying out the amendment in XMetaL

These instructions assume you have checked out the relevant provision that is to be amended, 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.

In the amending provision window:
- Read what the amendment is and where in the amended provision it is to be made.
- Highlight and copy the word or words (including punctuation) to be inserted. You can right-click and copy or use the standard 'edit' and 'copy' menu options from the menu bar.
In the amended provision window, place the cursor in the appropriate position in the text (i.e. where the word or words are to be inserted).

WARNING: In secondary legislation, drafters footnotes need to be taken into account when deciding where to place the cursor for the insertion of words. Do not place the cursor between a word and a drafters footnote reference that relates to it. See Scenarios.
In the Resource Manager window single click on the task to highlight it.
Your next action will be determined by whether the amendment covers the whole extent or is for a limited extent.

Whole extent

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

Insertion of Words 3.png

This will:

Automatically insert the new word or words, bracketed by opening <addition> and closing </addition> tags in the amended provision:

Insertion of Words 5.png

Automatically insert the annotation for this amendment at the end of the amended provision:

Insertion of Words 4.png

Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

Limited extent

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 word or words, 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 e.g. 'Words in art. 7(2) inserted (E.W.S.) (6.4.2017) by The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 (S.I. 2017/376), regs. 1, 4'; 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.

Note:

Whether whole or limited extent, after the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Checking the amendment in XMetaL

Once the word or words and have 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); and
- 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 wording is positioned correctly. Delete any unnecessary spaces between the existing punctuation and the inserted tags and words, or insert a space if appropriate:

In this example, the space has been closed up between the closing addition tag and the semi-colon (at the position of the cursor).

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.
Select the Newly Edited Version to see a preview of the updated provision. Check that your amendment and annotation commentary are formatted as you would expect.
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 is formatted correctly.
- The new words are inserted in the right place and have square brackets surrounding them:
- The annotation reference and the text of the annotation are correct:
See more detail on annotations in Annotation Conventions.
- The right point in time has been created at provision level to accommodate this amendment:
- The right point in time has been created at the level of the whole item of legislation:
- You can move between the Points in Time on the timeline correctly.
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 words (wholly in force and whole extent)

Insertion of Words Examples

Taking into account drafters footnotes when inserting words into secondary legislation

https://www.legislation.gov.uk/uksi/2006/606/schedule/3/paragraph/3

The words "or the Upper Tribunal" were inserted after the footnote reference F1, to keep the footnote reference together with the words it relates to.

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