Editorial Update/Annotation Conventions
Introduction
Annotations are added to items of legislation on legislation.gov.uk to convey editorial information about that legislation. The principal use of annotations is to provide the legislative authority for any changes to the text, or to its meaning.
The various types of annotation are listed below. Further detail is then given about the use of each annotation type, and the conventions for constructing those annotations in the editorial process.
- Note on use of the term “commentary”: Within the editorial systems and supporting facilities, such as the Tables of Effect (ToEs), the term “commentary” is routinely used when referring to footnote annotations. This is a relic of old editorial jargon and is not descriptive of the annotations used on legislation.gov.uk or their purpose. In practice we are careful to avoid providing anything that could be described as “commentary”, except perhaps in the rare situation where an ‘Editorial Comment’ is needed (see ‘X-notes’ below). For this reason, the generic term “annotation” is used throughout this wiki, except when specifically referring to the wording of those editorial systems and facilities where the term “commentary” appears.
| Annotation Type | Initial stands for | Heading used on website | Function |
|---|---|---|---|
| F-notes | Footnotes | Amendments (Textual) | Used for amendments (mainly insertions, substitutions and repeals) where there is authority to change the text. |
| C-notes | Crossnotes | Modifications etc. (not altering text) | Used for 'non-textual effects', by which the meaning, scope or application of an Act or provision, etc. is changed in some way, but without there being any authority to alter the text. |
| I-notes | In-force | Commencement information | Contains information about the coming into force of a provision. |
| E-notes | Extent | Extent information | Contains information about the geographic extent of the Act or relevant part of it. |
| P-notes | Power exercised | Subordinate legislation made | Where a provision of primary legislation confers power to make subordinate legislation this annotation may be used to cite any instruments made under that power. |
| M-notes | Marginal citations | Marginal citations | Mainly used to recite the year and number of an Act or instrument mentioned in the text. |
| X-notes | Caution! | Editorial information | Used sparingly to alert users to anything they may need to be aware of, usually some difficulty or uncertainty, in the text of a provision. |
F-notes (Textual Amendments)
For the general principles relating to textual amendments, and a list of the main types of textual amendment, see Editorial Principles - Textual Amendments.
Structure of F-notes
The online editorial tools will automatically generate the annotations according to prescribed rules. However, it is important that you are aware of how the annotations are put together and what you should look out for when checking them during the update process.
The aim of the annotations is to give authority for the amendment and allow the user to link to the amending legislation. Every effect takes an annotation and these must be:
- Accurate – as this is an official record published by the Government;
- Specific – the annotations must be strictly structured according to the editorial conventions.
It might be helpful to consider the formation of annotations according to the column headings from Extended ToEs as we use their contents to create an annotation after completing an amendment.
Amended Provision – Type Of Effect – Commencement Date – Amending Legislation – Amending Provision – Savings – Commencement Authority
The annotations should identify—
- location and type of amendment (e.g. Words in s. 1(1)) repealed)
- limitation of the jurisdictional extent (if amending is of lesser extent than the amended)
- whether or when it is in force (e.g. repealed (1.2.2004))
- authorising enactments with short title, year, chapter number, and the affecting provisions of an amending Act or S.I. In the case of an Act or Order, this will also include the commencement provision, if any, together with saving, where appropriate. The annotations will also include details of any subsequent commencing instrument.
The system uses the following logic when generating annotations from the effects:
F-note and C-note general annotations:
[Affected provision][:] [type of effect] [([affecting territorial application or, if none, then affecting extent, if this is narrower than affected extent])] ([IF Date] [IF Date Qualification [IF Date Other]] …) by ["by virtue of", if type of effect = omitted, ceases to have effect] [Affecting legislation title] ([affecting legislation number]), [affecting provision], [commencement authority] [(with [Savs])] [Appended commentary]; [commencing legislation number], [commencing provision] [(with [CO Savs])] [CO Appended commentary] …
"…" indicates the possibility of adding incremental commencement data. The IF Dates and IFDQs of course do not necessarily come from the core effect, but may be added incrementally by subsequent COs which are associated with the core effect via the Commencing Effects Research task.
Where a ‘Suggested Commentary’ has been entered along with the core effect, this would overwrite the usual construction of the annotation.
Example Annotations:
Words in Sch. 2 para. 4(a)(ii) repealed/substituted/inserted (S.) (1.1.2005) by Update Manual Act 2004 (c. 1), ss. 7, 44(2) (with s. 22)
(where s. 7 is the amending section, s. 44(2) is the commencing section and s. 22 contains a saving )
Art. 3(1) repealed (2.6.2007) by Manual Update (Northern Ireland) Order 2007 (S.I. 2007/1234 (N.I. 10)), arts. 1(2), 39(3), Sch. 3
(where art. 1(2) is the commencement provision, art. 39(3) is the omitting provision and Sch. 3 is the repealing provision. We no longer cite the inducing provision of the amending Schedule.)
Points to note:
- We don’t express provisions with the same digits that we insist upon for ExToEs. So Sch. 2 para. 4(a)(ii) is not expressed in annotations as “Sch. 02 para, 004(a)(ii)”.
- Punctuation and spacing are crucial and must be uniform across every annotation. So, for example, in any qualification of extent there should always be full stops, e.g. “E.W.”, “S.”. And there should be spaces after commas and full stops denoting abbreviations, such as "s. 2" or "para. 4" (but not within indications of limited extent, such as "N.I." or E.W.S.", or in dates).
- In some instances the automatically generated reference to the amending legislation may not include certain types of provisions, e.g. ‘Groups’. In such cases it may be necessary to add this information to the annotation, e.g. Sch. 3 Group 4.
During normal editorial practice we would not anticipate you needing to make any significant changes to the annotations. If you do however find it necessary to make some changes it would help the reviewers if you could add a note on the ‘Update Overview’ page alerting them to the fact that some manual editing of the annotation was necessary.
C-notes (Non-textual Effects)
See also Editorial Principles - Non-textual effects for the general principles relating to non-textual effects, and also a list of the main types of non-textual effect with example annotations.
Structure of C-notes
Much of what has been said about annotations for textual amendments applies equally to non-textual effects, and the online editorial tools will automatically generate the annotations according to prescribed rules.
The non-textual effects have already been identified at the mark-up stage, so your task is to ensure that the generated annotations accurately reflect what has been marked up.
Please follow the guidance in the previous section relating to textual amendments when you are checking to see whether the generated annotation is accurate.
Note that C-notes are always recorded against a provision or sub-provision and never against particular words.
C-note general annotation:
[For the logic see F-notes above]
Example Annotations:
Sch. 2 para. 4(a)(ii) modified (S.) (1.1.2005) by Update Manual Act 2004 (c. 1), ss. 7, 44(2) (with s. 22)
(where s. 7 is the affecting section, s. 44(2) is the commencing section and s. 22 contains a saving)
Art. 3(1) applied (with modifications) (2.6.2007) by Manual Update (Northern Ireland) Order 2007 (S.I. 2007/1234 (N.I. 10)), arts. 1(2), 39(3), Sch. 3
(where art. 1(2) is the commencement provision, art. 39(3) is the applying provision and Sch. 3 contains a list of modifications. We no longer cite the inducing provision of affecting Schedules.)
As with textual amendments, if you do need to make some changes it would help the reviewers if you could add a note on the ‘Update Overview’ page alerting them to the fact that some manual editing of the annotation was necessary.
I-notes (Commencement information)
For the general principles relating to the commencement of legislation, see Editorial Principles - Commencement.
Structure of I-notes
As for F-notes and C-notes, the online editorial tools will automatically generate the annotations according to prescribed rules. Commencement effects have already been identified at the mark-up stage, so your task is to ensure that the generated annotations accurately reflect what has been marked up.
Please follow the guidance in the previous sections when you are checking to see whether the generated annotation is accurate.
Note that I-notes are always recorded against a provision or sub-provision and never against particular words.
I-note general annotation:
[Affected provision] in force at [IF Date] [IF Date Qualification [IF Date Other]] by [commencing legislation number], [commencing provision] [(with [CO Savs])]
Example Annotation:
S. 1(1) in force at 1.11.2011 in so far as not already in force by S.I. 2011/1234, reg. 2 (with reg. 3)
E-notes (Extent information)
E-notes are at present used very sparingly, mainly to indicate some complexity or change in the extent of an Act or provision which is not adequately reflected in the extent provision of the Act. They have been used more extensively in the past, particularly to indicate that there are multiple versions of a provision for different geographic extents.
An update editor would not usually be required to insert E-notes unless on the advice of a Review Editor.
P-notes (Subordinate legislation made)
P-notes are rarely used at present. They have been used more extensively in the past, originally to record details of all subordinate legislation made under each power-conferring provision in an Act. They continued to be used until recently to record the making of commencement orders.
An update editor would not usually be required to insert P-notes unless on the advice of a Review Editor.
M-notes (Marginal citations)
M-notes are generally derived from the text of the original legislation as enacted. They are no longer used in primary legislation.
It is very unlikely that an update editor would be required to insert an M-note.
X-notes (Editorial information)
There is no set format for X-notes. They are tailored individually according to the circumstances in each case. An update editor would not be required to insert any X-notes unless on the advice of a Review Editor.
Special Considerations
'Awkward' Amendments
"it is provided that"
This formulation is used when we can't be sufficiently sure of the drafter's intention to carry the amendment through into the text. For example, there may be an ambiguity as to the precise location intended, or words referred to as the 'target' in the amending Act do not coincide exactly with the text in the amended Act. Instead of carrying the amendment through in the usual way, we will insert an F-note in the text, either before the number of the relevant provision or sub-provision, or before the probable target text. The relevant text will be enclosed in square brackets, and the ambiguous instruction in the amending legislation will be recited in full in the annotation. An update editor should only ever use this procedure in consultation with a Review Editor.
"by virtue of"
This formulation is used in circumstances where, although there is some awkwardness arising from the wording of the amending provision, we can be sufficiently sure of the intended effect (and that the words do in fact have that intended effect) to carry the amendment through into the text. The amendment will be dealt with textually in the usual way, except that the expression "by virtue of" will follow the description of the amendment (for example "Words in s. 2(1) substituted (date) by virtue of . . .". An update editor should only ever use this procedure in consultation with a Review Editor.