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Repealed for a limited extent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: 

Provision Level Repeals 2.png

https://www.legislation.gov.uk/uksi/2020/1005/regulation/8

In primary legislation: 

Provision Level Repeals 16.png

https://www.legislation.gov.uk/ukpga/2003/1/section/25

Note: If a provision is repealed within a higher level provision such as a Schedule, Part or Chapter that has been inserted or substituted, the brackets and F-note from the high level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

Provision Level Repeals 15.png

https://www.legislation.gov.uk/ukpga/2003/1/section/421E

How to carry out a whole extent and wholly in force repeal of a provision or sub-provision 


Provision Level Repeals 12.png

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

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 

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common form we should consider whether there anything in TOES coming along at a future PiT (further amendments to our repealed provisions) that might require the text to be retained so that we can apply future amendments to the saved repealed provisions. For smaller amendments in saved repealed documents it’s probably sufficient just to mention them as appended commentary to the main repealed annotation.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

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

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

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.

Step One

  1. In the amending provision, identify which words are to be repealed.

  2. In the amended provision, highlight those words.

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

  4. 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').

Step Two - 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, bracketed by opening <repeal> and closing <repeal> tags;
  • 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).

Step Two - 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, bracketed by opening <repeal> and closing </repeal> 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; 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).

Step Two - retained 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 for more details about retained text repeals that are brought into force over time.

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, 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, bracketed by opening <repeal> and closing </repeal> 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.


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:

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

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

Step One

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 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.

Step Two - 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, bracketed by opening <repeal> and closing </repeal> 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.


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.

Step Two - 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> tags;
  • 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.

Step Two - retained text

These instructions should be followed when text needs to be retained, for example where the repeal is for specified purposes only or for 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.
  • 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.

Checking the amendment in XMetaL

Related reading: Approach to Update - Some Basic Rules and Exceptions
Step Three


  1. Once the relevant repeal has been carried out and the auto-annotation has been 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;
    • If the amendment type is ‘omitted’ or ‘ceases to have effect’ that the annotation contains the words ‘by virtue of’ instead of the usual 'by';
    • 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.


  2. Scroll back up to the where the amendment was made in the amended provision and check the <repeal> tags are positioned correctly (either side of the words being repealed, or at the beginning and end of the <ukl:P#para> tagging where a provision or sub-provision is being repealed). For whole repeals, this tagging will be replaced by 3 dots or a dotty line when the provision is checked back in but for limited extent or retained text repeals, the repealed text will be retained with square brackets, so it is important that the tagging is in the correct location.

    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), but only if the amendment is wholly in force, so that the opening and closing brackets encompass the whole provision. 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.

Checking the amendment on the Editorial Site

Related reading: Approach to Update - Some Basic Rules and Exceptions
Step Four
  1. Go back 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). Check that:

    • You’re satisfied that the amendment has formatted correctly.
    Repeal of words


    The repealed text is replaced by three dots (or if limited extent or retained text, it is surrounded by square brackets) and the annotation reference is in the right place. Also check that there are no brackets or annotation references remaining that have been superseded by the repeal, and that the annotation for the repeal is formatted as you would expect.

    Repeal of a provision or sub-provision

    The text of the repealed provision or sub-provision has been replaced by a dotted line after the provision or sub-provision number (or if limited extent or retained text, it is surrounded by square brackets) and that the annotation reference is in the right place. Also check that there are no brackets or annotation references remaining that have been superseded by the repeal, and that the annotation for the repeal is formatted as you would expect.

    You can see examples of what these amendments should like in the Overview.


    • The annotation reference and the text of the annotation are correct. See more detail on annotations in Annotation Conventions.


  4. In the Preview check the timeline and see how the provision would look in the context of the whole item of legislation. Make sure that the correct Point in Time has been created on the timeline to accommodate your amendment and that you can move between the Points in Time on the timeline correctly. If there are any errors in the timeline, correct them using the Timeline Resolver.

  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.

  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

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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