Editorial Update/Textual Amendments
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.
Textual Amendment Update Instructions
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.
Specific Amendment Types
Textual Amendment 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).