Editorial Update/Textual Amendments/Repeals/Provision Level Repeals
At a glance
Repeal of words
Repeal of a provision or sub-provision
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.
In the amending provision, identify which words are to be repealed.
In the amended provision, highlight those words.
In the Resource Manager window single click on the task to highlight it.
Your next action will be determined by whether the repeal covers the whole extent or is for a limited extent only, or whether you need to retain text for another reason (for example if the repeal is for specified purposes only, or the type of effect is 'ceases to have effect').
Whole extent and wholly in force
These instructions should be followed if the repeal covers the whole extent and is wholly in force.
On the menu bar at the top of the page click Legislation - Textual Amendments - Repeal. This will:
- Repeal the highlighted wording, bracketed by opening
<repeal>
and closing<repeal>
tags;
- 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.
Limited extent
These instructions should be followed if the repeal is for a limited extent.
On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Repeal. In the pop-up 'XMetaL Author Essential', check the Extent entered is correct and click OK; this will:
- Retain the highlighted wording, bracketed by opening
<repeal>
and closing</repeal>
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.
Retained text repeals
These instructions should be followed when text needs to be retained, for example where the repeal is for specified purposes only or for the type of effect is 'ceases to have effect'.
On the menu bar at the top of the page select Legislation - Textual Amendments - Repeal Retain Text. This will;
- Retain the highlighted wording, bracketed by opening
<repeal>
and closing</repeal>
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.
See Applying partially in force amendments which are then brought further into force over time for more details about retained text repeals that are brought into force over time.
Note:
- Whether a whole, limited extent or retained text amendment, 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
Once the word or words have been repealed 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;
- If the amendment type is ‘omitted’ or ‘ceases to have effect’, the annotation should include the words ‘by virtue of’ instead of the usual 'by';
- 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.
Scroll back up to the where the amendment was made in the amended provision and check the
<repeal>
tags are positioned correctly.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:
Click OK in the pop-up
Close the amending provision window and if you have more update to do, leave XMetaL open and go back to the Editorial Site.
Before
After
See on the published site 1998 c. 41 sch. 8 para. 15
Checking the amendment on the Editorial Site
Go back to the Update Details page and refresh the page by pressing
CTRL
andF5
at the same time.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.
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 repealed text has been replaced by three dots, or if it has been retained that the brackets are in the correct position;
- 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; and
- You can move between the Points in Time on the timeline correctly.
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.
You can now navigate to the next part of your update task.
Video Instructions:
Scenarios
Revocation of words in the title of an SI
On 15/8/2020, there was a revocation of words in the title of S.I. 2020/828, which was recorded as type of effect "title amended":
https://editorial.legislation.gov.uk/task/update/step/uksi/2020/828/2020-08-15/high-level-amends
This was applied and published as follows:
https://www.legislation.gov.uk/uksi/2020/828/introduction/2020-08-15
We also needed to raise a PT story with TSO to ask them to fix the dc:Title
element (this is the title in the metadata that is shown above the timeline on legislation.gov.uk) from PiT 15.8.2020 onwards so it says:
"The Health Protection (Coronavirus, Restrictions) (North of England) Regulations 2020"
instead of:
"The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020"
This change will enable users to search for the document under both titles.
"Double" repeal of a word brought into force at different times and for different extents
On 1.4.2011, the word "and" at the end of 2005 c.5 s. 806(5)(c) was repealed for E. by 2008 c. 23, Sch. 1 para. 18(3)(a) and Sch. 4. Then on 6.4.2016, the word "and" was repealed for W. by Sch. 1 para. 18(3)(a) and Sch. 4:
https://www.legislation.gov.uk/ukpga/2005/5/section/806#section-806-5-c
Note: the commencement of the omission of the word "and" in Sch. 1 para. 18 was brought into force for W. on 6.4.2016 and the repeal by Sch. 4 was not brought into force until 1.12.2017, however it was treated as fully repealed from 6.4.2016.