Editorial Update/Textual Amendments/Repeals/Provision Level Repeals

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OVERVIEW

Repeal of words

Whole repeal - wholly in force

https://www.legislation.gov.uk/uksi/2020/1005/regulation/12/2021-03-29 

Provision Level Repeals 1.png
How to carry out a whole repeal of words that is wholly in force

Whole repeal - partially in force

https://www.legislation.gov.uk/ukpga/2014/12/schedule/8/paragraph/3/2017-01-31 

Provision Level Repeals 6.png

Provision Level Repeals 7.png


How to carry out a retained text repeal of words

Partial repeal - wholly in force

Repealed for a limited extent

https://www.legislation.gov.uk/uksi/2012/129/schedule/paragraph/5/2013-04-01 

Provision Level Repeals 4.png

Provision Level Repeals 5.png


How to carry out a limited extent repeal of words

Repeal of a provision or sub-provision

Whole repeal - wholly in force

In secondary legislation:

https://www.legislation.gov.uk/uksi/2020/1005/regulation/8/2021-03-29 

Provision Level Repeals 2.png

In primary legislation:

https://www.legislation.gov.uk/ukpga/2003/1/section/25/2008-07-21 

Provision Level Repeals 16.png

Note: If a provision is repealed within a higher level provision such as a Schedule, Part or Chapter that has been inserted or substituted, the brackets and F-note from the high level amendment will also be visible:

https://www.legislation.gov.uk/ukpga/2003/1/section/421E/2015-04-06 

Provision Level Repeals 15.png
How to carry out a whole extent and wholly in force repeal of a provision or sub-provision

https://www.legislation.gov.uk/ukpga/2012/10/part/3/chapter/1/2020-12-01 

Provision Level Repeals 12.png


How to carry out the repeal of a range of provisions or sub-provisions
Whole repeal with substantive savings

https://www.legislation.gov.uk/ukpga/1967/86/part/III/crossheading/creation-of-public-paths/2005-02-09 

Provision Level Repeals 11.png

If your repeal is wholly in force and whole extent (so that all the text will be omitted upon repeal) but there are substantive (as opposed to common form) savings, you should consider whether text should be retained.

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common form we should consider whether there anything in TOES coming along at a future PiT (further amendments to our repealed provisions) that might require the text to be retained so that we can apply future amendments to the saved repealed provisions. For smaller amendments in saved repealed documents it’s probably sufficient just to mention them as appended commentary to the main repealed annotation.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.

Whole repeal of a sub-provision and preceding word

Where a sub-provision and preceding word (e.g. “and”) are omitted, the same repeal task is used to omit the word and the sub-provision separately, so that the same F-note reference, 3 dots and a dotty line appear in place of the omitted word and the sub-provision: 


Common update errors 15a.png



Common update errors 15b.png

Whole repeal - partially in force

https://www.legislation.gov.uk/ukpga/2022/10/section/29/2023-10-26 

Provision level repeals 8a.png

Note that the opening square bracket for the retained text repeal is located before the first sub-provision number, not in front of the provision number itself (as it would be for a wholly in force retained text repeal). This is to allow for the provision to be fully repealed at a later date by changing the amendment bracket attributes when the repeal comes fully into force. See point 2 of the Checks to be carried out in XMetaL after you have carried out your amendment, for details about when to relocate the opening square bracket for a retained text repeal.

How to carry out a retained text repeal of a provision or sub-provision

Partial repeal - wholly in force

Repealed for a limited extent

https://www.legislation.gov.uk/ukpga/2009/4/section/144/2015-02-26 

Provision Level Repeals 9a.png

Provision Level Repeals 10a.png


Also see this example, where reg. 16(2)(b) and (c) are omitted for N.I.:

https://www.legislation.gov.uk/uksi/2011/2936/regulation/16/2020-12-31


How to carry out a limited extent repeal of a provision or sub-provision

Note that the opening square bracket for the repeal is situatued before the provision number. See point 2 of the Checks to be carried out in XMetaL after you have carried out your amendment, for details about when to relocate the opening square bracket for a limited extent repeal.

Repealed in part

https://www.legislation.gov.uk/ukpga/1983/2/section/90A/2006-09-11 

Provision Level Repeals 13.png

Note: In this example ‘repealed in part’ was changed to ‘repealed (except as it applies to local government elections in Scotland)’ to make it clearer to the end user.

See how this gets amended when the provision fully repealed (expressed as "repealed in so far as not already repealed" in the merged annotation):

https://www.legislation.gov.uk/ukpga/1983/2/section/90B/2021-09-28 

Provision Level Repeals 14.png

IN MORE DETAIL

Related reading: Approach to Update - Some Basic Rules and Exceptions, Specific Update Issues, Update Troubleshooting, Limited extent amendments, Applying partially in force amendments which are then brought further into force over time, Update Editor Checklist

Important considerations

Before you commit yourself to carrying out your amendment, make sure that you have considered all the factors that will influence how you carry it out.

The effects spreadsheet that you download at the start of the update task contains all the information that was recorded for the effect you are applying. You should check the TOES data for your amendment before you start. In particular, check the Comments for Editor to see if there is anything unusual about the effect that you need to be aware of, or if the amendment text contains power. Also look at the commencement details of the affecting document and look at the affecting provision itself.

Questions to consider:

Is the effect wholly in force or partially in force? Is it whole or limited extent? Has your affecting provision itself been amended by an amendment to earlier affecting provision effect? Is there an appended commentary for the effect? Is your effect a knock-on effect? Are there any savings or transitional provisions?

The answers to these questions will inform how you carry out the amendment, whether you need to amend any attributes, also what the annotation that the Editorial System generates will look like and whether there are any amendments you might need to make to this annotation.

Use the Update Editor Checklist to make sure that you have researched everything you need to before you carry out your amendment and refer back to it throughout the task, particularly when you check the amendment in XMetaL and preview your amendment.

The following pages also give useful guidance that will help if you are not sure how carry out your amendment:

Limited extent amendments

The Editorial System flags possible limited extent amendments with the following message:

Limited extent warning message 2.png

The extent of the affected and affecting provision is highlighted in red. You can also view the extent/TA in the effects spreadsheet that can be downloaded from the Starting Update Page.

To decide whether or not you need to carry out your amendment using the limited extent amendment option in XMetaL, follow the decision-making process described in the Decision tree for deciding what is a limited extent amendment on the Limited Extent Amendments page, where you may also need to consider creating a concurrent version of the provision (and subsequently carrying out the amendment fully in the relevant version of the provision).

You may find that your amendment has already been carried out as a limited extent amendment for another jurisdiction, in which case you will need to follow the guidance on Updating an existing limited extent amendment when an identical amendment is applied for another jurisdiction.

If, after making all the considerations outlined above, you decide that the amendment is indeed a limited extent amendment, when you get to Step Two, follow the method outlined in Step Two – limited extent (the other steps remain the same).

Partially in force amendments

Amendments are not always brought wholly into force at once, frequently they are brought into force gradually over two or more points in time (PiTs). This is described in more detail in the section on Partially in force amendments on the Applying partially in force amendments which are then brought further into force over time page.

If a repeal has been brought into force for specified purposes only, and the repeal is not being brought fully into force at a later PiT within your update task, it should be carried out as a retained text amendment. The commencement qualification “for specified purposes” will appear after the in force date when the annotation is generated.

Before deciding whether to retain text for an amendment that is only partially in force, you should consider the nature of your update task and whether the amendment will come fully into force during the course of your update task. See Applying partially in force amendments which are then brought further into force over time, and in particular What happens when an amendment comes further, or fully into force?, for more details about retained text repeals that are brought into force over time.

Also see the examples in the Overview: Repeal of words - whole extent - partially in force and Repeal of a provision - whole extent - partially in force.

Update process

In these instructions, the update process has been broken down into four steps, Steps 1-3 are carried out in XMetaL and Step 4 on the Editorial site after check-in. Steps 1 and 2 are explained separately for repeals of words and sub-provisions (and Step 2 is further subdivided into whole extent (wholly in force or partially in force), limited extent and retained text amendments). The checks made in Steps 3 and 4 are the same, whichever route you take to get there.

Carrying out and checking the amendment in XMetaL: 

Step One - prepare to carry out the amendment in XMetaL

Step Two - select the correct XMetaL Legislation menu option to carry out the amendment

Step Three - check the amendment in XMetaL

Checking the amendment in the Editorial System: 

Step Four - preview the amendment from the Update Details page

Things to remember

The Specific Update Issues guidance includes some general Editorial Update reminders to be aware of before you carry out your amendment. Also included is information on how amendments are presented. Note, in particular, there may be tagging that may need to be removed from amendment text, to prevent formatting errors.

See also the advice on how to approach more unusual types of amendment, and Approach to Update - Some Basic Rules and Exceptions.

Carrying out a repeal of words in XMetaL

Note: 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.

Preparing to carry out the amendment in XMetaL
  • In the amending provision, identify which words are to be repealed.
  • In the amended provision, highlight those words.
  • In the Resource Manager window single click on the task to highlight it.
  • Your next action will be determined by whether the repeal covers the whole extent and wholly in force or is for a limited extent only, or whether you need to retain text for another reason (for example if the repeal is for specified purposes only, or the type of effect is 'ceases to have effect').
Selecting the correct XMetaL Legislation menu option to carry out the amendment
Whole extent and wholly in force

These instructions should be followed if the repeal covers the whole extent and is wholly in force. You should be sure that text does not need to be retained for any reason (see limited extent or retained text instructions below), as the outcome of of this amendment will be that the words are removed and replaced with 3 dots.

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

  • Repeal the highlighted wording in the amended provision, bracketed by opening <repeal> and closing <repeal> tagging (note that everything within these brackets will be replaced with 3 dots on check-in);
  • 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.


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

Your next task will be to check the amendment in XMetaL, followed by the final task of checking the amendment on the Editorial Site.

Limited extent

Before you carry out an amendment as a limited extent amendment, make sure you have followed the decision-making process described on the Limited Extent Amendments page, where, if you decide that the amendment is indeed a limited extent amendment, you may also need to consider whether to create a concurrent version.

These instructions should only be followed if the repeal of words is for a limited extent so the words will be retained and surrounded by square brackets.

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Repeal. In the pop-up 'XMetaL Author Essential', check the Extent entered is correct and click OK; this will:

  • Retain the highlighted wording in the amended provision, bracketed by opening <repeal> and closing </repeal> tags (with appropriate attributes);
  • Automatically insert the annotation for this amendment at the end of the amended provision, including the limited extent in brackets after the effect; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.


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

Your next task will be to check the amendment in XMetaL, followed by the final task of checking the amendment on the Editorial Site.

Retained text


These instructions should be followed when you have decided that the words needs to be retained where the repeal is in force for specified purposes only, the type of effect is qualified as being for specified purposes or in part, or if the type of effect is 'ceases to have effect' so the words need to remain in place surrounded by square brackets.

On the menu bar at the top of the page select Legislation - Textual Amendments - Repeal Retain Text. This will;

  • Retain the highlighted wording in the amended provision, bracketed by opening <repeal> and closing </repeal> tags (with appropriate attributes);
  • 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.


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

Your next task will be to check the amendment in XMetaL, followed by the final task of checking the amendment on the Editorial Site.

Carrying out the repeal of a provision or sub-provision in XMetaL

Preparing to carry 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.

  1. In the amending provision, identify the provision/sub-provision to be repealed.
  2. If the repeal is for whole extent and is wholly in force, we should remove any existing annotation references (for example I-note, C-note or F-note references) that may be present in front of the provision number within the <ukl:Pnumber> tags of the provision that is going to be repealed. These references are no longer of use now the text is to be swept away. (Note: since we are leaving the provision heading (if there is one) in place, any F-notes connected to amendments in that heading should be left alone. Also note that when you preview a repealed provision, you may see amendment brackets and F-notes related to higher level amendments that have come from a higher level and you should not attempt to remove these).

  3. In the amended provision, select the appropriate <ukl:P#para> tag to highlight and copy the provision/sub-provision to be repealed:

    • Provision: <ukl:P1para>
    • Sub-Provision: <ukl:P2para>
    • Sub-sub-provision: <ukl:P3para>

    Note: ensure all the text including punctuation within the <ukl:P#para> tags is highlighted BUT NOT the provision number (surrounded by <ukl:Pnumber> tags).

  4. In the Resource Manager window single click on the task to highlight it.

  5. Your next action will be determined by whether the repeal covers the whole extent and wholly in force or is for a limited extent only, or whether you need to retain text for another reason (for example if the repeal is for specified purposes or is in part only, or the type of effect is 'ceases to have effect').

Note: Before you carry out the repeal of a provision, check whether the provision is an inducing provision for a Schedule. Any Schedules that are induced by a provision should also be repealed when the provision is repealed and this should have been entered into the effects spreadsheet. But note that a Schedule may be induced by more than one provision, in which case all the inducing provisions should be repealed for that Schedule to be repealed. Check with a Review Editor if you are not sure.

Selecting the correct XMetaL Legislation menu option to carry out the amendment
Whole extent and wholly in force

These instructions should be followed if the repeal is for the whole extent.

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

  • Automatically repeal the provision/sub-provision in the amended provision, bracketed by opening <repeal> and closing </repeal> tags (note that everything within these brackets will be replaced with a dotty line on check-in);
  • 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.


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

Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of checking the amendment on the Editorial Site (Step Four).

Note:

The repeal of a sub-provision may also include the repeal of the preceding word, so you will need to repeal of the preceding word using the same repeal task in the Resource Manager.

Limited extent

These instructions should be followed if the repeal is for a limited extent only.

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Repeal. In the pop-up 'XMetaL Author Essential', check the Extent entered is correct and click OK. This will:

  • Retain the existing provision or sub-provision, bracketed by opening <repeal> and closing </repeal> tagging (with appropriate attributes);
  • Automatically insert the annotation for this amendment at the end of the amended provision, including the limited extent in brackets after the effect; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.


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

Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of checking the amendment on the Editorial Site (Step Four).

See more on limited extent amendments.

Retained text

These instructions should be followed when text needs to be retained, for example where the repeal is in force for specified purposes only, or if the type of effect is 'ceases to have effect'.

On the menu bar at the top of the page click Legislation - Textual Amendments - Repeal Retain Text. This will:

  • Retain the existing provision or sub-provision, bracketed by opening <repeal> and closing </repeal> tags (with appropriate attributes).
  • Automatically insert the annotation for this amendment at the end of the amended provision, including the In Force Date Qualification; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.


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

Your next task will be to check the amendment in XMetaL (Step Three), followed by the final task of checking the amendment on the Editorial Site (Step Four).

See Applying partially in force amendments which are then brought further into force over time for more details about retained text repeals that are brought into force over time.

Check the amendment in XMetaL


  1. Make sure that the amendment has been carried out correctly and that the annotation is accurate and complete by carrying out all the XML checks detailed in the Update Editor Checklist.


  2. Limited extent and retained text provision/sub-provision repeals: you may need to relocate the opening square bracket

    Note that for a limited extent or retained text repeal of a whole provision or sub-provision, you may need to relocate the opening square bracket to come before the provision number or title (as appropriate), so that the opening and closing brackets encompass the whole provision, but only if the amendment is wholly in force. For example, from this:

    Retained text repeal 1.png

    To this:

    Retained text repeal 2.png

    You can see an example of the relocated opening square bracket in the website preview in the wholly in force limited extent sub-provision repeal example in the Overview above.

    If the limited extent or retained text repeal is only partially in force, i.e. it has yet to come fully into force, the opening square bracket should be left where it is at the end of Step 2, so that the amendment can be brought fully into force in the future by simply amending the attributes of the repeal tagging. (To amend the attributes to bring the repeal fully into force, we would place the mouse cursor in the opening repeal tag and select View - Attribute Inspector (using the toolbar menu or right clicking and selecting "Element attributes" from the dropdown menu) and change the retain text = true attribute to retain text = false. When we check the provision back in, the repeal tagging will be replaced with a dotty line and the F-note reference will relocate to appear before the relevant provision or sub-provision number). See also the Applying partially in force amendments which are then brought further into force over time page for more details.

    IMPORTANT NOTE: if you have repealed a sub-provision at the end of a provision that has been previously amended (i.e. inserted or substituted), you will need to make sure that the closing bracket for the previous amendment is still positioned in the correct place, after the sub-provision you have repealed. You may need to move the closing bracket for the amendment to the end of the dotty line for this repeal. See Specific Update Issues - Positioning of existing insertion/substitution closing bracket after a sub-provision is repealed.


  3. 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:

    Check in.png


  4. Click OK in the pop-up Document is checked in successfully.png


  5. Close the amending provision window and if you have more update to do, leave XMetaL open and go back to the Editorial Site.

Preview the amendment from the Update Details page


  1. Return to the Update Details page and refresh the page by pressing CTRL and F5. The Edit Status should change to Edit Complete.


  2. If there was anything unusual about the amendment that you need to draw to the attention of the review editor, you can add a note by clicking on the note icon to the right of the edit status.


  3. View your amendment by selecting the Newly Edited Version tab (to see the provision text and a summary of the provision attributes) or the Preview Legislation button (to see a website Preview of the provision).

    Tip: If you need to check any of the attributes of the provision you have amended, this can easily be done by selecting the Newly Edited Version tab where you will see the relevant attributes of your provision listed.

  4. Carry out all the PREVIEW checks detailed in the Update Editor Checklist, to make sure that the amendment is accurate and complete.

    5. You can see examples of what your repeal should like in the Overview and in the Scenarios listed below.

  5. If you need to make any corrections to the amendment, check the provision back out and make any changes as necessary in XMetaL before checking the provision back in and previewing the provision again. Note that if you only need to correct an annotation, you can click on the Edit button to the right of the annotation in Preview to edit it without having to check the provision out again in XMetaL, but beware of the bugs you may encounter when using the annotation Edit function in preview.


  6. Once you have finished checking the amendment on the Editorial Site, the update task will be complete and you can move on to your next update task.



Video Instructions: Repeal of sub-provision (wholly in force, whole extent)

SCENARIOS

Related reading: Approach to Update - Some Basic Rules and Exceptions, Specific Update Issues

Repealing a definition

Treat the repeal of a definition as a repeal of words. For more detail, see Repealing a Definition on the Lists page.

Repealing a sub-provision but not the word at the end of the sub-provision

See 2022 c. 36, Sch. 4 para. 5(4), where the drafters say "In sub-paragraph (2), omit paragraph (b) (but not the final “and”)."

This amendment was carried out as a normal repeal of a sub-provision. However, before the repeal was carried out, the "and " at the end of the sub-paragraph (2) was moved to the end of sub-paragraph (1), so that it would not be removed as part of the repeal. Before moving the "and" back to its original position, the provision was checked back in and then out again, so that the dotty line for the repeal was produced (if you try adding it back after the repeal has been carried out but before the dotty line has been produced on check-in, you will only end up with three dots for a repeal of words, which is not the desired result). Following check-out, the "and" was then moved back to come after the dotty line and the provision was checked back in again.

See the completed amendment:

https://www.legislation.gov.uk/ukpga/2004/19/schedule/3/paragraph/3/2022-06-28

Repeal of a sub-provision and preceding word

Where a sub-provision and preceding word (e.g. “and”) are omitted, make sure you use the same repeal task to omit both the word (using the normal repeal of words method) and the sub-provision (as a normal repeal of a sub-provision) so that the same F-note reference, 3 dots and a dotty line appear in place of the omitted word and the sub-provision: 


Common update errors 15a.png



Common update errors 15b.png

RELATED PAGES

Approach, errors and troubleshooting:

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