Knock-on effects and amendments to earlier affecting provisions coming into force BEFORE the IF Date of the original amendment

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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. More recently, drafters systematically changed the amendments made by earlier EU Exit SIs before they came into force in readiness for IP completion day, and 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 This amendment not applied to legislation.gov.uk. Reg. 31(a)(b) substituted immediately before IP completion day by S.I. 2019/1234, regs. 1(3), 18 N
2000 c. 008 s. 0097(01)(b)(ii) substituted 2019 SI0707 reg. 031(b) IP completion day This amendment not applied to legislation.gov.uk. Reg. 31(a)(b) substituted immediately before IP completion day by S.I. 2019/1234, regs. 1(3), 18 N

Doing this will inform end users in the Changes to Legislation pages on legislation.gov.uk that these effects will not be applied by us and why.

Where the new document omits (or revokes) a whole earlier affecting provision (a cancellation of the earlier amendment)

In our existing policy we didn’t bother with omissions or revocations of earlier affecting provisions because the Interpretation Act 1978 (c. 30), ss. 15, 16 provides general savings to the effect that “unless the contrary intention appears” the repeal of an earlier affecting provision does not affect the previous operation of the enactment repealed and does not revive any enactment previously repealed by that earlier enactment.

However, the omission or revocation of earlier amendments before they come into force is intended to cancel those amendments, so the TOES Reviewer needs to take a couple of extra steps here too.

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] omitted [(date)/immediately before IP completion day] by virtue of [document, provision]”.

Example:

S.I. 2019/1234, reg. 17 omits the earlier affecting provision S.I. 2019/707, reg. 30(2) on 6.9.2019:

2019 SI0707 reg. 030(02) omitted 2019 SI1234 reg. 017 N and Note added to original amendments reg. 001(02) 06/09/2019 wholly in force

So the TOES Reviewer needs to do a TOES correction after review to add Ns and Notes to the original amendments:

2000 c. 008 s. 0091(01A)(e) words substituted 2019 SI0707 reg. 030(02)(a) IP completion day This amendment not applied to legislation.gov.uk. Reg. 30(2) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 17 N
2000 c. 008 s. 0091(01A) words substituted 2019 SI0707 reg. 030(02)(b) IP completion day This amendment not applied to legislation.gov.uk. Reg. 30(2) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 17 N

Note:

  • an earlier document may be wholly revoked and therefore all the effects by that earlier SI will need to be marked with Ns and Notes. For example, S.I. 2020/583 was revoked on 16.10.2020 by S.I. 2020/1036, reg. 1(2), 5.
Where a new document inserts, substitutes or omits words or provisions in an earlier amendment (an “amendment to earlier affecting provision”)

It is where a new document changes the text of an earlier amendment before it comes into force that our new policy differs more significantly from the existing policy.

Where previously the new effect would have used the same affected provision as the original effect had and would be given the generic type of effect “amendment to earlier affecting provision [legislation, provision]”, we need to give more detail for both the affected provision and the type of effect where the original effect is not yet in force.

The affected provision will more accurately reflect the new change being made and the type of effect will follow the new formats below. Where a word or words within the amendment text is changed: 

word[s] inserted in earlier amending provision [legislation, provision]

word[s] substituted in earlier amending provision [legislation, provision]

word[s] omitted in earlier amending provision [legislation, provision]

Where a provision or sub-provision within the amendment text is changed: 

inserted in earlier amending provision [legislation, provision]

substituted in earlier amending provision [legislation, provision]

omitted in earlier amending provision [legislation, provision]

As with the knock-ons, the IF Date for the amendments to earlier amending provisions will be the same as the IF Date of the earlier document. This is so that both effects will appear in the same PiT in the update timeline which will enable them to be applied together.

Example:

S.I. 2020/1016, reg. 3(18)(a) omits a word and (b) substitutes words in earlier affecting provisions S.I. 2010/530, reg. 47(2)(a)(ii) and (5) on 15.9.2020:

https://www.legislation.gov.uk/uksi/2020/1016/regulation/3/made

https://www.legislation.gov.uk/uksi/2019/530/regulation/47/made

The amendment by reg. 3(18)(a) (“(a) In paragraph (2)(a)(ii), omit “whether””) has the effect of changing the earlier amendment from this… 

(2) In subsection (1)—
   (a) in paragraph (a)—
     (ii) for “an applicant should be certified” substitute “ whether to certify an applicant”;

to this… 

(2) In subsection (1)—
   (a) in paragraph (a)—
     (ii) for “an applicant should be certified” substitute “ … to certify an applicant”;

The effects were entered like this:

2019 SI0530 reg. 047(02)(a)(ii) word omitted 2020 SI1016 reg. 003(18)(a) reg. 001(02) 15/09/2020 wholly in force
1989 c. 029 s. 0010E(01)(a) word omitted in earlier amending provision S.I. 2019/530, reg. 47(2)(a)(ii) 2020 SI1016 reg. 003(18)(a) IP completion day reg. 001(02) 31/12/2020 wholly in force

S.I. 2019/530, reg. 47(5) originally inserted 1989 c. 29, s. 10E(9)(10). It is only subsection (9) that actually contains the words “exit day”, so the amendment by reg. 3(18)(b) (“(b) in paragraph (5), for “exit day” substitute “IP completion day”) has the effect of substituting words in the earlier inserted 1989 c. 29, s. 10E(9). The effects should therefore be entered like this:

2019 SI0530 reg. 047(05) words substituted 2020 SI1016 reg. 003(18)(b) reg. 001(02) 15/09/2020 wholly in force
1989 c. 029 s. 0010E(09) words substituted in earlier amending provision S.I. 2019/530, reg. 47(5) 2020 SI1016 reg. 003(18)(b) IP completion day reg. 001(02) 31/12/2020 wholly in force

The amendments to earlier amending provisions both take the IF Date of the original document (31.12.2020) rather than the date the changes are made to S.I. 2019/530 (15.9.2020) and this results in the tasks for both the original amendments and the changes to those amendments appearing at the same time in the update timeline:

https://editorial.legislation.gov.uk/task/update/step/ukpga/1989/29/section/10E/2020-12-31/prov

Other considerations

Listed below are some more unusual KO/“amendment to earlier” scenarios you may encounter, which may require you to seek advice from a reviewer, as they may require TOES corrections to be carried out:

Change to commencement provision

An amendment to an earlier document may change the earlier document’s commencement provision, which therefore will change the start dates for all or some of that document’s effects. This would need to be dealt with by TOES correction to change the IF Date and add an Appended Commentary.

Example:

S.I. 2019/691, reg. 2 changes 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

1981 SI0154 (N.I.) art. 031A(07) words substituted 2019 SI0648 reg. 004(02)(a) (as amended by S.I. 2019/691, reg. 2) reg. 001(b)(i) 29/03/2019 wholly in force
1981 SI0154 (N.I.) art. 031A(07) words inserted 2019 SI0648 reg. 004(02)(b) (as amended by S.I. 2019/691, reg. 2) reg. 001(b)(i) 29/03/2019 wholly in force
Change to extent provision

An 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:

https://editorial.legislation.gov.uk/changes/affecting/uksi/2019/696/data.xls?extended=full-with-co&sort=affecting-year-number

Change to savings or transitional provisions

An 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:

Appended Commentary
(with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1234, regs. 1(3), 29(2))); 2020 c. 1, Sch. 5 para. 1(1)

https://www.legislation.gov.uk/uksi/2019/680/regulation/11/made

Change to type of effect

A 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


2019 SI0531 Sch. 04 para. 006(07)) words substituted 2020 SI1016 reg. 004(04)(b) reg. 001(02) 15/09/2020 wholly in force
2017 EUR0459 Art. 006(02) amendment to earlier affecting provision S.I. 2019/531, Sch. 4 para. 6(7) 2020 SI1016 reg. 004(04)(b) IP completion day reg. 001(02) 31/12/2020 wholly in force

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:

https://editorial.legislation.gov.uk/changes/affecting/uksi/2019/707/data.xls?extended=full-with-co&sort=affecting-year-number

Change to provision number

An 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

2019 SI0775 reg. 033(04)(b) word substituted 2020 SI1488 Sch. 02 para. 023(d)(ii)(aa) IP completion day. Note: b.v.o. reg. 001 31/012/2020 Other immediately before IP completion day
2012 SI1916 reg. 043(06)(ba) reg. 43(6)(b) renumbered as reg. 43(6)(ba) in earlier amending provision S.I. 2019/775, reg. 33(4)(b) 2020 SI1488 Sch. 02 para. 023(d)(ii)(aa) IP completion day reg. 001 31/12/2020 wholly in force

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 effects

Please 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

2019 SI1385 Sch. 02 para. 002(02)(a) words substituted E+W+S+NI 2020 SI1478 reg. 004(02)(a)(i) reg. 001(02) 09/12/2020 wholly in force
2019 SI0791 reg. 003(06) words substituted in earlier amending provision S.I. 2019/1385, Sch. 2 para. 2(2)(a) E+W+S+NI 2020 SI1478 reg. 004(02)(a)(i) IP completion day reg. 001(02) 31/12/2020 Other immediately before IP completion day
2002 SI0618 reg. 003A(01) words substituted in earlier amending provision S.I. 2019/791, reg. 3(6) (as amended by S.I. 2019/1385, Sch. 2 para. 2(2)(a)) E+W+S+NI 2020 SI1478 reg. 004(02)(a)(i) IP completion day reg. 001(02) 31/12/2020 wholly in force
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