Editorial Update/Textual Amendments

From Legislation Community Editorial Wiki
Revision as of 08:35, 21 October 2020 by Shayman (talk | contribs)
Jump to navigation Jump to search

Introduction to Textual Amendments

Textual Amendments generally refer to amendments where there is an authority to change the text of the legislation.

Amendment Types include:

  • Repeal
  • Revoke
  • Omit
  • Insert
  • Add
  • Substitute

These amendments authorise the editor to make changes to the text of the Act. However, where a provision “ceases to have effect”, or where the amendment cannot be applied, you need to follow the procedure for a textual amendment but without actually changing the text.

Textual amendments can affect legislation at any level, for example the whole item of legislation, at high level (e.g. Part, Chapter or Schedule), at provision level, or at the level of words. Our approach to editing the legislation depends on the level at which the amendment is taking place. The guidance on textual amendments is therefore organised by the type of amendment you wish to carry out and what 'level' of the document the amendment affects.

Updating Tables of Contents

Textual amendments to the main table of contents of an item of legislation are not made during editorial update, as the table of contents is dynamically generated. These effects are recorded in TOES, but should have been marked N in the “Applied to database” column with a Note saying 'This amendment not applied to legislation.gov.uk'. The table of contents for this legislation will be dynamically updated when its provisions are revised'. If you encounter an amendment to a table of contents during editorial update, you should check with a Review Editor as a TOES correction may be necessary. Note that amendments to tables of contents elsewhere in the legislation other than the main table of contents (e.g. to a table of contents at the top of Part 2 of a Schedule) will have to be applied as textual amendments.

Insertions

Insertion of Words

Carrying out the amendment in XMetaL

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 window:
    • Read what the amendment is and where in the amended provision it is to be made.
    • Highlight and copy the word or words (including punctuation) to be inserted. You can right-click and copy or use the standard 'edit' and 'copy' menu options from the menu bar.
    Insertion of Words 1.png

  2. In the amended provision window, place the cursor in the appropriate position in the text (i.e. where the word or words are to be inserted).

    WARNING: In secondary legislation, drafters footnotes need to be taken into account when deciding where to place the cursor for the insertion of words. Do not place the cursor between a word and a drafters footnote reference that relates to it. See Scenarios.

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

  4. Your next action will be determined by whether the amendment covers the whole extent or is for a limited extent.
Whole extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Addition.

Insertion of Words 3.png

This will:

  • Automatically insert the new word or words, bracketed by opening <addition> and closing </addition> tags in the amended provision:

Insertion of Words 5.png

  • Automatically insert the annotation for this amendment at the end of the amended provision:


Insertion of Words 4.png

  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.
Limited extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Addition. In the pop-up 'XMetaL Author Essential', check the Extent entered is correct and click OK. This will:

  • Automatically insert the new word or words, bracketed by opening <addition> and closing </addition> 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 e.g. 'Words in art. 7(2) inserted (E.W.S.) (6.4.2017) by The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 (S.I. 2017/376), regs. 1, 4'; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

See more on limited extent amendments.

Note:

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

Checking the amendment in XMetaL

  1. Once the word or words and have been inserted and the annotation has been automatically 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;
    • 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 inserted wording is positioned correctly. Delete any unnecessary spaces between the existing punctuation and the inserted tags and words, or insert a space if appropriate:

    3. Insert Words Whole After.jpg

    In this example, the space has been closed up between the closing addition tag and the semi-colon (at the position of the cursor).

  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

  1. Go back to the Update Details page and refresh the page by pressing CTRL and F5 at the same time.

  2. Select the Newly Edited Version to see a preview of the updated provision. Check that your amendment and annotation commentary are formatted as you would expect.

  3. To check the timeline and see how the provision would look in the context of the whole item of legislation, select the Preview Legislation button and check:

    • You’re satisfied that the amendment is formatted correctly.
    • The new words are inserted in the right place and have square brackets surrounding them:

    Insertion of Words 6.png

    • The annotation reference and the text of the annotation are correct:

    Insertion of Words 7.png

    See more detail on annotations in Annotation Conventions.

    • The right point in time has been created at provision level to accommodate this amendment:

    Insertion of Words 8.png

    • The right point in time has been created at the level of the whole item of legislation:

    Insertion of Words 9.png

    • You can move between the Points in Time on the timeline correctly.

  4. Check that the amendment edit status is set to Edit Complete. You can also add any notes for the review editor by clicking on the note icon to the right of the edit status. You may need to add a note if there was anything unusual about the amendment that you need to draw to the attention of the review editor.

  5. You can now navigate to the next part of your update task.

Video Instructions: Insertion of words (wholly in force and whole extent)

Insertion of Words Examples

Taking into account drafters footnotes when inserting words into secondary legislation

https://www.legislation.gov.uk/uksi/2006/606/schedule/3/paragraph/3

The words "or the Upper Tribunal" were inserted after the footnote reference F1, to keep the footnote reference together with the words it relates to.

Back to Top

Insertion of Sub-provisions

Carrying out the amendment in XMetaL

If you need to insert a whole provision, follow the instructions for Higher Level Insertions

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.

  1. In the amending provision window:
    • Read what the amendment is and where in the amended provision it is to be made.
    • Select the appropriate <ukl:P#> tag to highlight and copy the sub-provision to be inserted:

    Sub-Provision: <ukl:P2>

    Sub-sub-provision: <ukl:P3>


    Note: you can also select the <BlockAmendment> tag, if there is one.

    You can right-click and copy or use the standard ‘edit’ and ‘copy’ menu options from the menu bar.

    Insertion of sub-provision 1.png


  2. In the amended provision, place the cursor after the closing ukl:P2 or ukl:P3 tag of the sub-provision that precedes the one you are inserting.
  3. Single click on the task to highlight it in the Resource Manager window.
  4. Your next action will be determined by whether the amendment covers the whole extent or is for a limited extent.
Whole extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Addition:

Insertion of sub-provision 2.png

This will:

  • Automatically insert the new sub-provision, bracketed by opening <addition> and closing </addition> tags in the amended provision:

Insertion of sub-provision 4.png

  • Automatically insert the annotation for this amendment at the end of the amended provision:

Insertion of sub-provision 3.png

  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.
Limited extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Addition. In the pop-up 'XMetaL Author Essential', check the Extent entered is correct and click OK; this will:

  • Automatically insert the new sub-provision, bracketed by opening <addition> and closing </addition> 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.

Note:

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

See more on limited extent amendments.

Checking the amendment in XMetaL

  1. Once the sub-provision has been inserted 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;
    • 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 inserted sub-provision is positioned correctly.
  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

  1. Go back to the Update Details page and refresh the page by pressing CTRL and F5 at the same time.
  2. Select the Newly Edited Version to see a preview of the updated provision. Check that your amendment and annotation commentary are formatted as you would expect.
  3. To check the timeline and see how the provision would look in the context of the whole item of legislation, select the Preview Legislation button and check:
    • You’re satisfied that the amendment is formatted correctly.
    • The new sub-provision is inserted in the right place and has square brackets surrounding it.
    • The annotation reference and the text of the annotation are correct:
    Insertion of sub-provision 6.png
    See more detail on annotations in Annotation Conventions.
    • The right point in time has been created at provision level to accommodate this amendment:
    Insertion of sub-provision 5.png
    • The right point in time has been created at the level of the whole item of legislation:
    Insertion of sub-provision 7.png
    • You can move between the Points in Time on the timeline correctly.
  4. Check that the amendment edit status is set to Edit Complete. You can also add any notes for the review editor by clicking on the note icon to the right of the edit status. You may need to add a note if there was anything unusual about the amendment that you need to draw to the attention of the review editor.
  5. You can now navigate to the next part of your update task.

Video Instructions: Insertion of a sub-provision (wholly in force and whole extent)

Back to Top

Higher Level Insertions

Carrying out the amendment in XMetaL

Note: These instructions assume you have checked out the relevant parent-level 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 window:
    • Read what the amendment is and where in the amended provision it is to be made.
    • In the amending provision highlight and copy the provision that you need to insert by selecting the appropriate opening tag. For example:
      • ukl:P1 (select from ukl:P1group if the provision has a title) for a provision
      • ukl:Part for a Part
      • ukl:Chapter for a Chapter
      • ukl:Schedule for a Schedule
    You can also select the BlockAmendment tag to select the whole block of data to be inserted. You can right-click and copy or use the standard 'edit' and 'copy' menu options from the menu bar, e.g.

    Insertion of Part amending provision.png

  2. In the amended provision, scroll to find the provision that the new provision will follow and place the cursor at the end of that provision (i.e. after the closing /ukl:P1group, /ukl:Part, /ukl:Chapter, or /ukl:Schedule tag) and before the opening tags of the next provision. If in doubt you can use the Element list to check which tags are valid where your cursor is currently positioned. For example, the cursor is positioned between the closing /ukl:Part tag of Part 8 and the opening ukl:Part tag of Part 9 when Part 8A is to be inserted:

    3. Insertion of Part amended provision.png
  3. Single click on the task to highlight it in the Resource Manager window.
    4. Insertion of Part RM.png
  4. Your next action will be determined by whether the amendment covers the whole extent or is for a limited extent.
Whole extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Addition.

Insertion of Part menu whole extent.png

This will:

  • Automatically insert the new provision/Part/Chapter/Schedule, etc. bracketed by opening <addition> and closing </addition> 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.

After the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window:

Insertion of Part XMetaL view after amendment.png

Limited extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Addition. In the pop-up 'XMetaL Author Essential', check the Extent entered is correct and click OK; this will:

  • Automatically insert the new provision/Part/Chapter/Schedule, etc. bracketed by opening <addition> and closing </addition> 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.

See more on limited extent amendments.

After the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.

Checking the amendment in XMetaL

  1. Once the provision has been inserted and the annotation has been automatically 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;
    • 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);
    • 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 inserted provision is positioned correctly and that the tagging is correct, e.g. sometimes the title or number may be incorrectly tagged - if you think this may be the case, check how it has been tagged throughout the rest of the amended document and if necessary correct it.
  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

  1. Go back to the Update Details page and refresh the page by pressing CTRL and F5 at the same time.
  2. To check the timeline and see how the provision would look in the context of the whole item of legislation, select the Preview Legislation button and check:
    • That the provision/Part/Chapter/Schedule, etc. appears in the correct place in the Table of Contents;
    • Open the new provision/Part/Chapter/Schedule, etc. on its own and check that there are opening and closing brackets around the text with an accompanying F-note reference appearing immediately after the opening amendment bracket. The version history should show one Point in Time as at the date of the insertion;
    • Open the parent level and view your amendment to check you’re satisfied that the amendment has formatted correctly, that it is in the right place and that it has square brackets around it and the annotation reference and annotation text are correct. See more detail on annotations in Annotation Conventions; and
    • The version history should include a new Point in Time for the newly inserted provision and you should check that you can move between the Points in Time on the timeline correctly.
  3. Check that the amendment edit status is set to Edit Complete. You can also add any notes for the review editor by clicking on the note icon to the right of the edit status. You may need to add a note if there was anything unusual about the amendment that you need to draw to the attention of the review editor.
  4. You can now navigate to the next part of your update task.


Video Instructions: Insertion of a section (wholly in force and whole extent)

Higher Level Insertions Examples

Insertion of a provision that was previously repealed

If a provision is repealed or revoked and then a new provision with the same number is inserted, this should be carried out as a substitution of the existing provision, but the annotation should still read 'inserted' and 'by':

See http://www.legislation.gov.uk/uksi/2012/2996/schedule/4/paragraph/76/2016-04-01 (provision was omitted at previous PiT 1/4/2015 and is now inserted again).

Revival of a previously repealed/revoked provision

If a repealed/revoked provision is revived, we would have to copy the xml from the version previous to the dotty lined version and make a new version from the date it got revived. This would need to be done by a Review Editor using the correction tool.

Multiple insertions of provisions with the same number

We do get genuine instances (admittedly usually resulting from drafting errors), where two provisions with the same number get inserted. We should raise a lex error for these situations. In the meantime we have to account for it in update and we should refer this to TSO to look at the URLs of each provision for us to make sure they work as expected from the ToC.

Back to Top

Substitutions

Substitution of Words

Carrying out the amendment 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.

  1. In the amending provision window:
    • Read what the amendment is and where in the amended provision it is to be made.
    • Highlight and copy the word or words (including punctuation) to be substituted. You can right-click and copy or use the standard ‘edit’ and ‘copy’ menu options from the menu bar.
  2. In the amended provision window, highlight the existing text that is to be substituted.
  3. In the Resource Manager window single click on the task to highlight it.
  4. Your next action will be determined by whether the amendment covers the whole extent or is for a limited extent, or whether it needs to be a retained text substitution (e.g. In In Force Date Qualification 'for specified purposes').
Whole extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Substitution. This will:

  • Automatically substitute the new word or words for the existing text, bracketed by opening <substitution> and closing </substitution> tags in the amended provision;
  • Automatically insert the annotation for this amendment at the end of the amended provision e.g. ‘Words in sch. 1 substituted (28.11.2018) by The Budget (Scotland) Act 2018 Amendment Regulations 2018 (S.S.I. 2018/363), regs. 1(1), 3(2)(d)(i)’; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.
Limited extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Substitution. In the pop-up XMetaL Author Essential, check the Extent entered is correct and click OK; this will:

  • In the amended provision, retain the existing word or words, bracketed by opening <repeal> and closing </repeal> tags, and next to this insert the new word or words, bracketed by opening <addition> and closing </addition> tags.
  • Automatically insert the annotation for this amendment at the end of the amended provision, including the limited extent in brackets after the effect e.g. 'Words in Sch. 1 para. 6 substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 1 para. 20(b) (with regs. 1(3), 77-79, Sch. 4)'; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

See an example of a limited extent substitution of words and further reading on limited extent amendments.

Retained text substitutions

If your amendment is not ‘wholly in force’ and has a different type of In Force Date Qualification (for example ‘for specified purposes’), you may need to carry out a retained text substitution to make sure that the existing word or words are retained alongside the newly substituted word or words. Check with a Review Editor if you are not sure.

On the menu bar at the top of the page click Legislation - Textual Amendments - Substitution Retain Text; this will

  • Retain the existing word or words, bracketed by opening <repeal> and closing </repeal> tags, and insert the new wording, bracketed by opening <addition> and closing </addition> tags.
  • Automatically insert the annotation for this amendment at the end of the amended provision, including the In Force Date Qualification e.g. 'Words in Sch. 7 para. 5(7) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 122(3)'; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

See an example of a substitution of words for specified purposes.


Note:

  • Whether whole, limited extent or retained text, after the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window.
  • When you are substituting words, any commentary reference included in the text you highlight will be removed automatically on substitution and if this commentary reference relates to a single annotation that annotation will also be removed automatically on check-in.
  • Occasionally there may be multiple substitutions of the same words throughout a provision. As long as the same task in the Resource Manager window is highlighted on each occasion, it is possible to carry out the same substitution of words and generate the same commentary reference (linking to the same annotation) each time, without any unnecessary new footnote references or annotations also being created.

Checking the amendment in XMetaL

  1. Once the word or words and have been substituted (or text retained and new text inserted alongside it), and the annotation has been automatically 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;
    • 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 that the substituted wording is positioned correctly and has opening and closing brackets around it. For any retained and inserted text check that this is positioned correctly and surrounded by opening and closing brackets. Delete any unnecessary spaces between the existing punctuation and the substituted tags and words, or insert a space if appropriate.
    3. Before Substitution of Words Before -WE.png After Substitution of Words After -WE.png See on the published site 1988 c. 41 sch. 8 para. 10
  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

  1. Go back to the Update Details page and refresh the page by pressing CTRL and F5 at the same time.
  2. Select the Newly Edited Version to see a preview of the updated provision. Check that your amendment and annotation commentary are formatted as you would expect.
  3. To check the timeline and see how the provision would look in the context of the whole item of legislation, select the Preview Legislation button and check:
    • You’re satisfied that the amendment is formatted correctly;
    • Check that the newly substituted words are in the right place and have square brackets surrounding them;
    • The annotation reference and the text of the annotation are correct. The annotation reference will be located just inside the opening square bracket of the substituted text (or for limited extent or specified purposes, the retained text and inserted text, which will be side by side). See more detail on annotations in Annotation Conventions;
    • The right point in time has been created at provision level to accommodate this amendment;
    • The right point in time has been created at the level of the whole item of legislation;
    • You can move between the Points in Time on the timeline correctly.
  4. Check that the amendment edit status is set to Edit Complete. You can also add any notes for the review editor by clicking on the note icon to the right of the edit status. You may need to add a note if there was anything unusual about the amendment that you need to draw to the attention of the review editor.
  5. You can now navigate to the next part of your update task.

Substitution of Words Examples

Limited Extent Substitution of Words

See substitution of words (for E.W.S only) with retained text in S.I. 2015/310, reg. 31 (annotation reference F1).

Note: The first set of words is the retained text and the second set of words is the substituted text for E.W.S. only.

Substitution of Words for Specified Purposes

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).

Substitution of Words 1a.png

Annotation:

Words in Sch. 8 para. 3(2) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 163(4)(a), 183(1)(5)(e)

Multiple substitutions affecting the same set of words in the same provision at one PiT

Two amendments are made to the same set of words in 2006 c.14, s. 57(3)(a)(4) by 2012 c. 7, s. 172(4)(5)(b) and s. 173(2)(a)(i)(iii) on 1/4/2013.

Commencement information: s. 172(4)(5)(b) comes into force immediately before the coming into force of section 173 (by S.I. 2013/671, art. 2(2)) and s. 173(2)(a)(i)(iii) comes into force on 1/4/2013 (by S.I. 2013/671, art. 2(3))

The amendments by s. 172(4)(5)(b) have to be done first, otherwise some or all of the amendments by s. 173 will not work.

S. 172(4)(5)(b) states:

“(4) In subsection (3)(a) of that section, for “section 54(3)” substitute “section 54(4)”.

(5) In subsection (4) of that section—

…

(b) for “section 54(4)(a) to (c)” substitute “section 54(4)(a) or (c)”.”

And then s. 173(2)(a)(i)(iii) substitutes sets of words including those substituted words:

“(2) …

(a) in section 57 of that Act (as amended by section 172 of this Act)—

(i) in subsection (3)(a), for “the persons mentioned in section 54(4)” substitute “another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State”,

…

(iii) in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or (c)” substitute “another NHS foundation trust or an NHS trust established under section 25””

But “immediately” means without anything coming in between, so the drafter really wants to get to the amendments by s. 173 straight away but they have to do the amendments by s. 172(4)(5)(b) first. Therefore, mark the amendments by s. 172(4)(5)(b) as applied and add a note for the reviewer explaining why they’re invisible. Then apply the amendments by s. 173(2)(a)(i)(iii) and change the F-notes for the amendments by s. 173(2)(a)(i)(iii) to mention s. 172(4) and (5)(b) (as appropriate) and S.I. 2013/671, art. 2(2).

Final result: See F8 and F11 in s. 57(3)(4): http://www.legislation.gov.uk/ukpga/2006/41/section/57/2013-04-01


Back to Top

Substitution of Provisions and Sub-provisions

Carrying out the amendment in XMetaL

If your substitution involves unequal substitution of whole provisions, you should follow the instructions in Higher Level Substitutions, as you will need to have checked out the parent level of the provision.

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.

  1. In the amended provision window:
    • Check if there are any annotation references relating to the provision or sub-provision to be substituted appearing in front of the provision number and if so, check if the annotation reference is for a textual amendment (F-note) or a non-textual amendment (C-note):
    C-notes: When a whole provision or sub-provision is substituted, the existing C-notes do not necessarily become redundant. If the affecting legislation giving rise to the C-note has been repealed or revoked then they should be removed. However, please do not remove them without consulting a Review Editor.

    F-notes: Where they exist these will usually need removing. Read the annotations first to ensure they will no longer apply after the substitution is completed. If in doubt seek advice from a Review Editor.
  2. In the amending provision window:
    • Read what the amendment is and where in the amended provision it is to be made.
    Note: If the title is also substituted as part of the substitution, this will need to be done separately. First carry out the substitution for the provision and then substitute the new title for the old in the ukl:title tags (you can copy and paste). You will then need to drag the opening substitution tag to the beginning of the title.
    • Select the appropriate <ukl:P#para> tag to highlight and copy the provision/sub-provision to be substituted:
      • 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 (enclosed in <ukl:Pnumber> tags):

    Substitution of Provision image 1.jpg

    You can right-click and copy or use the standard ‘edit’ and ‘copy’ menu options from the menu bar.
  3. In the amended provision, highlight the relevant <ukl:P1para>, <ukl:P2para> or <ukl:P3para> tag for the provision or sub-provision that is to be substituted.
  4. Single click on the task to highlight it in the Resource Manager window.
  5. Your next action will be determined by whether the amendment covers the whole extent, is for a limited extent, or whether it needs to be a retained text substitution (e.g. In In Force Date Qualification 'for specified purposes').
Whole extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Substitution. This will:

  • Automatically substitute the provision/sub-provision, bracketed by opening <substitution> and closing </substitution> tags in the amended provision;
  • Automatically insert the annotation for this amendment at the end of the amended provision e.g. e.g. S. 5(3) substituted (1.3.2004) by Health and Education Act 2003 (c. 90), s. 130, Sch. 18 para. 8; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.
Limited extent

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Substitution. 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, and insert after this the substituted provision or sub-provision, bracketed by opening <addition> and closing </addition> 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.

See more on limited extent amendments.

Retained text substitutions

If your amendment is not ‘wholly in force’ and has a different type of In Force Date Qualification (for example ‘for specified purposes’), you may need to carry out a retained text substitution to make sure that the existing provision/sub-provision is retained alongside the newly substituted provision/sub-provision. Check with a Review Editor if you are not sure.

On the menu bar at the top of the page click Legislation - Textual Amendments - Substitution Retain Text; this will

  • Retain the existing provision or sub-provision, bracketed by opening <repeal> and closing </repeal> tags, and insert after this the substituted provision or sub-provision, bracketed by opening <addition> and closing </addition> 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.


Note:

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

Checking the amendment in XMetaL

  1. Once the provision/sub-provision has been substituted 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;
    • 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 substituted provision/sub-provision is positioned correctly.
    3. Note: The opening bracket for the substitution will automatically be positioned in the correct location before the provision or sub-provision number after you have checked the amended provision back in. However, if your substitution also included a title, you need to adjust the position of the opening bracket to include the title by moving (click and drag) the opening ukl:substitution tag, e.g. Original location of ukl:substitution tag: Substitution of provision 3.png

    Tag is moved to beginning of ukl:title tag so that the whole amendment will be contained within brackets: Substitution of provision 4.png

  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

  1. Go back to the Update Details page and refresh the page by pressing CTRL and F5 at the same time.
  2. Select the Newly Edited Version to see a preview of the updated provision. Check that your amendment and annotation commentary are formatted as you would expect.
  3. To check the timeline and see how the provision would look in the context of the whole item of legislation, select the Preview Legislation button and check:
    • You’re satisfied that the amendment has formatted correctly
    • Check that the newly substituted provision is in the right place and has square brackets surrounding it.
    • The annotation reference and the text of the annotation are correct. See more detail on annotations in Annotation Conventions.
    • The right point in time has been created at provision level to accommodate this amendment.
    • The right point in time has been created at the level of the whole item of legislation.
    • You can move between the Points in Time on the timeline correctly
  4. Check that the amendment edit status is set to Edit Complete. You can also add any notes for the review editor by clicking on the note icon to the right of the edit status. You may need to add a note if there was anything unusual about the amendment that you need to draw to the attention of the review editor.
  5. You can now navigate to the next part of your update task.

Unequal Substitution of Sub-provisions

If your substitution involves unequal substitution of whole provisions, you should follow the instructions in Higher Level Substitutions, as you will need to have checked out the parent level of the provision.

More for less

More for less sub-provision substitutions occur when the substitution results in more sub-provisions than there were previously, such as new sub-provisions (a)-(c) in place of the existing (a) sub-provision.

To carry out this type of amendment, substitute the existing sub-provision in the amended provision with the new version from the amending provision. Then, copy and paste the new subs-provisions from the amending provision after the newly substituted sub-provision in the amended provision. Finally, in the amended sub-provision select the closing </ukl:Substitution> tag which sits before the closing <ukl:text> tag and cut and paste (or drag) it so it sits just before the closing </ukl:text> tag of the last new sub-provision.

Less for more

Less for more sub-provision substitutions occur when the substitution results in fewer sub-provisions than there were previously, such as a new sub-provision (a) substituted in place of the amended provision’s existing (a)-(c) sub-provisions.

To carry out this type of amendment, substitute in the new sub-provision which has the same number/letter as the existing sub-provision. Then, for the sub-provision(s) which are to be substituted out, delete the sub-provision <ukl:P2>, <ukl:P3> or <ukl:P4> tagging (which will completely remove the sub-provision(s).

Note: This method differs from the whole provision level 'less for more' substitution method, which repeals the provisions to be substituted out, leaving the provision number and a dotted line.

See an example of a less for more substitution of sub-provisions.

Once you have completed your unequal substitution, check your amendment in XMetaL before checking the amendment on the Editorial Site as normal.

Examples

Less for more substitution of a sub-provision

Amendment: 2004 c. 33, Sch. 2 para. 15(1)(c) substituted for Sch. 2 para. 15(1)(b)(c)

Instructions: Carry out substitution of para. 15(1)(c) and then delete the <P3> tagging for para. 15(1)(b) so that sub-paragraph (b) is completely removed.

Result: See 2004 c. 33, Sch. 2 para. 15(1)


Back to Top

Higher Level Substitutions

Back to Top

Examples

Ceases to have effect: http://www.legislation.gov.uk/ukpga/2013/6/section/1

Whole item of legislation level amendment: http://www.legislation.gov.uk/uksi/2018/286

High level amendment: http://www.legislation.gov.uk/wsi/2018/191/schedule/5A

Provision level amendment: http://www.legislation.gov.uk/ukpga/Geo6/12-13-14/88/section/2

Amendment at level of word: http://www.legislation.gov.uk/asp/2016/21/section/228

Amendments to a form which is an image: http://www.legislation.gov.uk/uksi/2013/3156/schedule/paragraph/23/2014-09-15
also: http://www.legislation.gov.uk/ssi/2018/155/schedule/2

Amendment to earlier affecting provision: If your amendment has itself been amended by another amending document, the amendment may contain square brackets around the subsequently amended text. These should not be included in your final amendment, as the annotation will explain the subsequent amendment. See substitution of S.S.I. 2014/364, Sch.3 by S.S.I. 2017/321, Sch.2 (as amended by S.S.I. 2017/321, reg. 3).



Related Topics


Retrieved from ‘http://community.legislation.gov.uk/mediawiki/index.php?title=Editorial_Update/Textual_Amendments&oldid=4211’