Difference between revisions of "Editorial Update/Textual Amendments/Substitutions/Higher Level Substitutions"

Revision as of 09:55, 10 November 2021

Carrying out the amendment in XMetaL

Follow these instructions to carry out the substitution of a Chapter, Part or Schedule from the High Level Update Details page, where you will need to have checked out the Parent Level of the provision you are substituting.

See also: Approach to Update - Some Basic Rules and Exceptions	Applying partially in force amendments which are then brought further into force over time

Note: These instructions assume you have checked out the relevant parent-level 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.
- In the amending provision highlight and copy the provision that you need to insert by selecting the appropriate opening tag. For example:
  - <ukl:Part> for a Part
  - <ukl:Chapter> for a Chapter
  - <ukl:Schedule> for a Schedule
You can right-click and copy or use the standard edit and copy menu options from the menu bar.
In the amended provision select the appropriate opening <ukl:Part> <ukl:Chapter> or <ukl:Schedule> tag to highlight the Part, Chapter or Schedule that is to be substituted.
Single click on the task to highlight it in the Resource Manager window.
Your next action will be determined by whether the amendment covers the whole extent, a limited extent or is to be made for specified purposes only.

Whole extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Substitution. This will:

Automatically substitute the new Part/Chapter/Schedule, etc. bracketed by opening <substitution> and closing </substitution> tags in the amended provision;
Automatically insert the annotation for this amendment at the end of the amended provision; and
Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

Note:

After the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Variations - Limited Extent and Specified Purposes

A limited extent and/or specified purposes higher level substitution is rare and will present a unique set of circumstances each time it arises and you should consult a Review Editor to determine the appropriate course of action to take.

For more information on limited extent amendments see Limited Extent Amendments.

For more information on partially in force amendments see Applying partially in force amendments which are then brought further into force over time.

Checking the amendment in XMetaL

Once the Part/Chapter/Schedule, etc. has been substituted 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, 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 substituted provision is positioned correctly and that the tagging is correct, e.g. sometimes the title or number may be incorrectly tagged - if you think this may be the case, check how it has been tagged throughout the rest of the amended document and if necessary correct it. Also:
- Check that the extent of your substituted provision is correct. If the restrict extent attribute is blank, the provision will inherit the extent of its parent. Is this correct?
- If your high-level substitution contains any power-conferring provisions (marked in TOEs Comments for Editor as "Contains power"), you will need to set the ConfersPower attribute to "true" for those provisions. See more on the ConfersPowerAttribute.
- Remember to remove any Non Breaking Space Characters that may have been added to the amended provision by your insertion. See more on Non Breaking Space Characters.
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.
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:
- That the provision/Part/Chapter/Schedule, etc. appears in the correct place in the Table of Contents;
- Open the substituted provision/Part/Chapter/Schedule, etc. on its own and check that there are opening and closing brackets around the text with an accompanying F-note reference appearing immediately after the opening amendment bracket. The version history should show one Point in Time as at the date of the insertion;
- That the provision/Part/Chapter/Schedule shows the correct extent;
- Open the parent level and view your amendment to check you’re satisfied that the amendment has formatted correctly, that it is in the right place and that it has square brackets around it and the annotation reference and annotation text are correct. See more detail on annotations in Annotation Conventions; and
- The version history should include a new Point in Time for the newly substituted provision and you should check that 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.

Unequal substitutions of whole provisions

Unequal substitutions of whole provisions need to be carried out from the parent level (because provisions may need to be inserted or repealed as part of the substitution), so are treated as higher-level substitutions. The method for unequal substitutions of sub-provisions differs slightly and can be found here.

More for less

A substitution of whole 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).

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 method (N.B. this may apply to more than one of the target provisions);
Insert the additional provisions at the appropriate parent level, following the whole provision insertion method.

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, using the substitution task in the Resource Manager and selecting Legislation - Textual Amendments - Repeal from the menu bar;
Insert the new provisions at the appropriate parent level, using the same substitution task in the Resource Manager and selecting Legislation - Textual Amendments - Insert from the menu bar.

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 Review Editor as it may need to be passed on to TSO. Note: where such a substitution has occurred and the original Schedule or Part has been replaced by new Schedules or Parts that do not share the same number, the original Schedule or Part will still be visible in the TOC (although if you click on it, you will see that it has been repealed), for example:

View of the TOC showing the original Schedule 7 and the substituted Schedules 7A and 7B:

View when you click on Schedule 7 in the TOC:

Do not

Directly “substitute in” multiple new P1 provisions for an existing P1 provision because it will cause xml fragment id issues which will make the new P1s 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, as newly inserted provisions (e.g., in the case cited, ss. 27A-27C) which share the same amendment brackets as the substitution of the same numbered provision (e.g. s. 27), give rise to false altdates and therefore an incorrect timeline in the newly inserted provisions.

Less for more

A substitution of whole provisions where there will be fewer provisions than there were previously.

If one of the provisions is to be substituted by the same numbered provision:

Substitute that provision only, as per the normal whole provision substitution method (N.B. this may apply to more than one of the target provisions);
Repeal the provisions which are to be 'substituted out' without replacement, following the the whole provision repeal method.

Tips

All of the amendments (whether substitutions, insertions or repeals) should be completed using the same update task and therefore end up with the same annotation.

Do not

Directly substitute an existing provision (e.g. s. 6 in the example below) 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.

Once you have completed your unequal substitution, check your amendment inXMetaL before checking the amendment on the Editorial Site as normal.

Higher Level Substitutions Examples

Unequal substitution (incorporating principles of both 'less for more' and 'more for less'): see 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.
Unequal substitution ('less for more' including a cross-heading, for specified purposes): see 2003 c. 39, ss. 28, 29 and cross-heading substituted for ss. 27-29 and cross-heading. This amendment was achieved (using the same update task to get the same annotation in each case) by:
1. A substitution of words in the existing s. 27 cross-heading (for the words of the new cross-heading).
2. A repeal of s. 27 to give it a dotty line.
3. A straightforward substitution of s. 28.
4. A straightforward substitution of s. 29.
Note that, despite being in force of specified purposes only at this PiT (10/1/2020), the amendment was carried out fully because retaining text would have looked very unclear. The annotation reflects that the amendment is for specified purposes only at this PiT and website users can still see the previous version of the cross-heading and ss. 27-29 at the previous PiT. Subsequently, the amendment came fully into force on 6/4/2020 and the annotation was amended to reflect this at that PiT (the amendment having already been fully carried out).
Unequal substitution ('more for less' where a Part is substituted for a regulation): see S.I. 2014/894, Pt. 5ZA substituted for reg. 34. This amendment was achieved by inserting the new Pt. 5ZA and moving the the existing reg. 34 ukl:P1group into the new Pt. 5ZA, pasting the new ukl:P1para content (from the new reg. 34) over it and then removing the new reg. 34. This meant that reg. 34 kept its existing id.

@@ Line 82: / Line 82: @@
 *That the provision/Part/Chapter/Schedule, etc. appears in the correct place in the Table of Contents;
 *Open the substituted provision/Part/Chapter/Schedule, etc. on its own and check that there are opening and closing brackets around the text with an accompanying F-note reference appearing immediately after the opening amendment bracket. The version history should show one Point in Time as at the date of the insertion;
+*That the provision/Part/Chapter/Schedule shows the correct <strong>extent</strong>;
 *Open the parent level and view your amendment to check you’re satisfied that the amendment has formatted correctly, that it is in the right place and that it has square brackets around it and the annotation reference and annotation text are correct. See more detail on annotations in [[Editorial_Update/Annotation_Conventions|Annotation Conventions]]; and
 *The version history should include a new Point in Time for the newly substituted provision and you should check that you can move between the Points in Time on the timeline correctly.