Editorial Update/Textual Amendments/Substitutions/Provision Level Substitutions
OVERVIEW
Substitution of words
Whole extent - wholly in force
https://www.legislation.gov.uk/uksi/2020/1045/regulation/3/2021-03-29
| How to carry out a substitution of words |
Whole extent - partially in force
See retained text substitution of words in 2014 c. 12, Sch. 8 para 3(2).
Note: The first set of words in brackets is the retained text and the second set of words is the substituted text (for specified purposes).
| How to carry out a substitution of words |
Limited extent - wholly in force
https://www.legislation.gov.uk/ukpga/2009/23/section/85/2015-03-12
Note: The first set of words is the original text that has been retained and the second set of words is the substituted text for E.W. only.
| How to carry out a substitution of words |
Substitution of a provision or sub-provision
Whole extent - wholly in force
https://www.legislation.gov.uk/ukpga/2009/1/section/8
| How to carry out the substitution of a provision or sub-provision |
Whole extent - partially in force
Whole provision substituted for specified purposes:
https://www.legislation.gov.uk/uksi/2010/2214/regulation/23/2013-01-09
Sub-provisions substituted for specified purposes:
S. 80(1)(2) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 21(1), 219(1)(2)(b)
| How to carry out the substitution of a provision or sub-provision |
Limited extent - wholly in force
Limited extent substitution of a sub-provision
S. 33(3) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 59(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1
Note: For limited extent whole provision substitutions, it may not be possible to carry out a limited extent amendment without creating concurrent versions. Speak to a Review Editor for advice in this situation.
| How to carry out the substitution of a provision or sub-provision |
IN MORE DETAIL
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? Does your substituted text contain power? 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 of the attributes of the provision you are amending, 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:
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 substitution has been brought into force for specified purposes only, the commencement “for specified purposes” will get added after the in force date when the annotation is generated, and the existing text may need to be retained alongside the substituted text.
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.
See the examples in the Overview: Substitution of words - whole extent - partially in force and Substitution 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 substitutions of words and sub-provisions (and Step 2 is further subdivided into whole extent (wholly in force or partially in force), limited extent 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 - preparing to carry out the amendment in XMetaL
Step Two - selecting the correct XMetaL Legislation menu option to carry out the amendment
Step Three - checking 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 substitution of words in XMetaL
The amendment of the data is carried out in XMetaL and the instructions that follow assume that you have checked out the relevant provision that i
https://www.legislation.gov.uk/ukpga/2004/30/section/1/2024-03-21#section-1-12-a
Leaving an existing C-note in place when a provision gets substituted
On 4/3/2024, 2006 c. 46 gets fully substituted by 2023 c. 56, s. 28(3):
S. 86 substituted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 28(3), 219(1)(2)(b); S.I. 2024/269, reg. 2(v)
https://www.legislation.gov.uk/ukpga/2006/46/section/86/2024-03-04
There are two existing notes in s. 86, both of which remain in force (one of which itself gets amended on 4/3/2024):
https://www.legislation.gov.uk/uksi/2009/1804/regulation/16/2024-03-04
https://www.legislation.gov.uk/uksi/2009/2436/schedule/1/paragraph/5
The C-notes were therefore left in place when the substitution of s. 86 was carried out.
RELATED PAGES
- Applying partially in force amendments which are then brought further into force over time
- Higher Level Substitutions
- Limited extent amendments
- Lists
- Images
- Manual Amendments
- Tables
- XMetaL and XML tagging
Approach, errors and troubleshooting: