Editorial Update/Textual Amendments/Substitutions/Provision Level Substitutions

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DRAFT

At a glance

Substitution of Words

Substitution of Provisions and Sub-Provisions

Specific update issues to be aware of with provision level insertions

See also: Approach to Update - Some Basic Rules and Exceptions

Provision level substitutions in more detail

Carrying out the amendment in XMetaL

See also: Approach to Update - Some Basic Rules and Exceptions

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.

See Applying partially in force amendments which are then brought further into force over time for more details about substitutions that are brought further into force over time where text may need to be retained.

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. Where words are substituted and the newly substituted text starts with punctuation, leave a space between the existing text and the opening square bracket, and where there is punctuation in the existing text immediately after the closing square bracket, close up any space between the closing square bracket and the punctuation, i.e.:

    Existing text [, substituted words], existing text.

    For example:

    Insert Words Whole After.jpg


    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.

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 3.png

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:

F2 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

Related Pages

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