Knock-on effects and amendments to earlier affecting provisions coming into force BEFORE the IF Date of the original amendment
Policy for knock-on effects and amendments to earlier affecting provisions coming into force BEFORE the IF Date of the original amendment
It used to be quite rare that drafters would make changes to affecting provisions before they came into force. If they did so, it was usually to correct mistakes. However, when drafters systematically changed the amendments made by earlier EU Exit SIs before they came into force in readiness for IP completion day, we developed our policy on dealing with knock-on effects and amendments to earlier affecting provisions in response to this. Going forward, we will continue to use this approach for any changes made to affecting provision before they come into force, or knock-on effects to documents that are not yet in force.
For a new knock-on effect resulting from the insertion or substitution of a whole affecting provision we have to remember that, rather than having the same IF Date as the amendment that contains it, it should have the IF Date of the earlier document that is being changed.
Where a new document inserts a whole new affecting provision in an earlier document (a “knock-on effect”)
This follows our existing policy for knock-ons, but remember that the IF Date is the date the earlier document comes into force.
Example:
S.I. 2019/1229, reg. 3(3)(a) inserts a new reg. 6(12A) into S.I. 2019/170, immediately before IP completion day which contains new KO effects:
https://www.legislation.gov.uk/uksi/2019/1229/regulation/3/made
https://www.legislation.gov.uk/uksi/2019/170/regulation/6/made
| 2019 SI0170 | reg. 006(12A) | inserted | 2019 SI1229 | reg. 003(03)(a) | IP completion day | reg. 001(03) | 31/12/2020 | Other | immediately before IP completion day |
The resulting KO effects which come into force on IP completion day were entered in this format:
[new amendment] by [legislation, provision] (as inserted)
| 2011 EUR0142 | Art. 020a heading | words omitted by virtue of S.I. 2019/170, reg. 6(12A)(a) (as inserted) | 2019 SI1229 | reg. 003(03)(a) | IP completion day | reg. 001(03) | 31/12/2020 | wholly in force |
| 2011 EUR0142 | Art. 020a | words omitted by virtue of S.I. 2019/170, reg. 6(12A)(b) (as inserted) | 2019 SI1229 | reg. 003(03)(a) | IP completion day | reg. 001(03) | 31/12/2020 | wholly in force |
| 2011 EUR0142 | Art. 020a(a) | words substituted by S.I. 2019/170, reg. 6(12A)(c) (as inserted) | 2019 SI1229 | reg. 003(03)(a) | IP completion day | reg. 001(03) | 31/12/2020 | wholly in force |
| 2011 EUR0142 | Art. 020a(b) | words substituted by S.I. 2019/170, reg. 6(12A)(d) (as inserted) | 2019 SI1229 | reg. 003(03)(a) | IP completion day | reg. 001(03) | 31/12/2020 | wholly in force |
Where the new document substitutes a whole earlier affecting provision (a “knock-on effect” and cancellation of the earlier amendment)
Again, this follows our existing policy for knock-ons, except that the IF Date is the date the earlier document comes into force. The Record Effects task reviewer also needs to cancel the now obsolete original amendment via TOES correction.
Example:
S.I. 2019/1234, reg. 18 substitutes two earlier affecting sub-provisions S.I. 2019/707, reg. 31(a)(b) immediately before IP completion day:
https://www.legislation.gov.uk/uksi/2019/1234/regulation/18/made
https://www.legislation.gov.uk/uksi/2019/707/regulation/31/made
| 2019 SI0707 | reg. 031(a)(b) | substituted | 2019 SI1234 | reg. 018 | IP completion day - N and Note added to original amendments | reg. 001(03) | 31/12/2020 | Other | immediately before IP completion day |
This results in two knock-on effects in force on IP completion day which we enter in this format:
[new amendment] by [legislation, provision] (as substituted)
| 2000 c. 008 | s. 0097(01)(a)(ii) and word | substituted by S.I. 2019/707, reg. 31(a) (as substituted) | 2019 SI1234 | reg. 018 | IP completion day | reg. 001(03) | 31/12/2020 | wholly in force |
| 2000 c. 008 | s. 0097(01)(b)(ii) and word | substituted by S.I. 2019/707, reg. 31(b) (as substituted) | 2019 SI1234 | reg. 018 | IP completion day | reg. 001(03) | 31/12/2020 | wholly in force |
However, because the original affecting provisions will now no longer need to be applied the TOES Reviewer needs to take a couple of extra steps.
TOES Reviewer:
- Comment for Editor: N and Note added to original amendment.
- TOES Correction task: add N in “Amendment applied to database” column and Note: “This amendment not applied to legislation.gov.uk. [Affecting provision] substituted [(date)/immediately before IP completion day] by [document, provision]”
| 2000 c. 008 | s. 0097(01)(a)(ii) | substituted | 2019 SI0707 | reg. 031(a) | IP completion day | style="width: 25%; background-color:#A9A9A9; border-rightes the commencement date contained in S.I. 2019/648, reg. 1(b)(i) from “22 days after the day on which these Regulations are made” (they were made on 26.3.2019) to “29th March 2019”. We changed the start dates of the relevant original effects via correction and added an appended commentary: “(as amended by S.I. 2019/691, reg. 2)”.
http://www.legislation.gov.uk/uksi/2019/691/regulation/2/made http://www.legislation.gov.uk/uksi/2019/648/regulation/1/made
Change to extent provisionAn amendment to an earlier document may change the earlier document’s extent provision or insert a new extent provision, which therefore will change the affecting extent of all or some of that document’s effects. This would need to be dealt with by TOES correction to change the affecting extent and add an Appended Commentary. It would be useful, where a new extent provision is in inserted or an existing one amended, for the editor to add a Comment for Editor saying, e.g. “NB This amendment changes the extent of the affected Regs.” See for example S.I. 2020/676, reg. 2 which changes the extent of S.I. 2019/696: https://www.legislation.gov.uk/uksi/2020/676/regulation/2/made https://www.legislation.gov.uk/uksi/2019/696/regulation/2/made https://www.legislation.gov.uk/uksi/2019/696/regulation/3/made You can see the TOES for S.I. 2019/696 as amended here: Change to savings or transitional provisionsAn amendment to an earlier document may make changes to the savings or transitional provisions which have been included in the earlier document’ effects. This may need to be dealt with by TOES correction to add an Appended Commentary to those earlier effects. Example: general savings provisions for Gibraltar in reg. 11 of The Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/680). A reference to these was added as an Appended Commentary in the amendments of relevant EU Exit SIs. See for example the Appended Commentary for amendments made by S.I. 2019/707:
https://www.legislation.gov.uk/uksi/2019/680/regulation/11/made Change to type of effectA substitution of words in an earlier affecting provision may change the type of effect of the earlier amendments, see for example S.I. 2019/1246, reg. 10(c) which changes some earlier amendments by S.I. 2019/696, Sch. 8 paras. 18, 21-24 from substitutions of words into omissions of words!: https://editorial.legislation.gov.uk/uksi/2019/1246/regulation/10/made An insertion, substitution or omission of words in an earlier affecting provision may change how the earlier amendment takes effect (e.g. which words are said to be substituted or omitted). For this situation I think we have to fall back on the existing “amendment to earlier affecting provision” type of effect. See for example S.I. 2020/1016, reg. 4(4)(b) which substitutes words in earlier affecting provision S.I. 2019/531, Sch. 4 para. 6(7). That amending provision is therefore changed from… “(7) In paragraph 2, omit the words from “Article 42” to the end.”
to… “(7) In paragraph 2, omit the words from “[and Article 42]” to the end.”
https://www.legislation.gov.uk/uksi/2020/1016/regulation/4/made
You can check the TOES data for the original affecting document using the URL shown below or you can look at the original affecting document on legislation.gov.uk and, if need be, check for unapplied coming into force effects on the affecting provision using the pink unapplied effects warning box. https://editorial.legislation.gov.uk/changes/affecting/<type>/<year>/<number>/data.xls?extended=full-with-co&sort=affecting-year-number For example: Change to provision numberAn amendment to an earlier EU Exit SI may renumber a provision within an amendment being made by the earlier document, for example: S.I. 2020/1488, Sch. 2 para. 23(d)(ii)(aa) renumbers S.I. 2012/1916, reg. 43(6)(b) as reg. 43(6)(ba) within the earlier amendment by S.I. 2019/775, reg. 33(4)(b): E.g. "(aa) renumber the paragraph to be inserted as “(ba)”" https://www.legislation.gov.uk/uksi/2020/1488/schedule/2/paragraph/23/made#schedule-2-paragraph-23-d
See also S.I. 2020/1388, reg. 25(2)(c), which both omits a provision and renumbers the remaining provisions in the earlier amendment to Council Decision 2000/258 Art. 3(2A) by S.I. 2018/1410, reg. 5(3)(d) where, rather than using "word substituted", the omission of words and renumbering have been captured as one effect "words omitted and renumbered": E.g. “(c) in sub-paragraph (d), om Beware double knock-on effectsPlease be aware that drafters may occasionally make further amendments to existing amendments to their original documents. This results in a “double knock-on effect”. Here is an example: S.I. 2020/1478, reg. 4(2)(a) substitutes words in S.I. 2019/1385, Sch. 2 para. 2(2)(a) on 9.12.2020: https://www.legislation.gov.uk/uksi/2020/1478/regulation/4/made S.I. 2019/1385, Sch. 2 para. 2(2)(a) in turn substitutes words in S.I. 2019/791, reg. 3(6) immediately before IP completion day: https://www.legislation.gov.uk/uksi/2019/1385/schedule/2/paragraph/2/made S.I. 2019/0791, reg. 3(6) in its turn inserts S.I. 2002/618, reg. 3A on IP completion day: https://www.legislation.gov.uk/uksi/2019/791/regulation/3/made
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