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.
Applying Textual Amendments
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.
Amendments to format of words
An amendment may make a change to the appearance of a word or words, without otherwise inserting or substituting the text. For example, S.I. 2005/1766, Sch. 2 para. 2 amends S.I. 2003/1417, Sch. 4 in the following way:
"In Form K, the word “or” where it appears between the words “registered estate” and “registered charge dated” shall be in italics."
See how this amendment was applied here: https://www.legislation.gov.uk/uksi/2003/1417/schedule/4
See XMetal and XML tagging for guidance on the appropriate tagging to use in such a situation.
Specific Amendment Types
Insertions
These textual amendments include 'insertions' and 'additions'.
The guidance is split into 3 separate sections:
These pages aim to provide a 'how to guide' to carrying out amendments in XMetaL and checking you have got the right results on completion. Make sure you've read the guidance on 'Starting Update'.
See also: Approach to Update - Some Basic Rules and Exceptions |
Substitutions
The guidance is split into 3 separate sections:
These pages aim to provide a 'how to guide' to carrying out amendments in XMetaL and checking you have got the right results on completion. It is assumed that you have already read the guidance on Starting Update.
See also: Approach to Update - Some Basic Rules and Exceptions |
Repeals
These textual amendments include 'repeals', 'omissions' and 'ceases to have effect'. These amendments authorise the editor to make physical changes to the text of the item of legislation. However, where the type of effect is 'ceases to have effect' the editor will follow the procedure for a textual amendment but without actually changing the text (using the 'retain text' options in XMetaL).
The guidance is split into 3 separate sections:
These pages aim to provide a 'how to guide' to carrying out amendments in XMetaL and checking you have got the right results on completion. It is assumed that you have already read the guidance on Starting Update.
See also: Approach to Update - Some Basic Rules and Exceptions |
Some 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 insertion: 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).