Editorial Update/Textual Amendments/Repeals/Provision Level Repeals

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At a glance

Repeal of words

Whole extent and wholly in force

https://www.legislation.gov.uk/uksi/2020/1005/regulation/12 

Provision Level Repeals 1.png


Limited extent

https://www.legislation.gov.uk/uksi/2012/129/schedule/paragraph/5 

Provision Level Repeals 4.png

Provision Level Repeals 5.png

In force for specified purposes only

https://www.legislation.gov.uk/ukpga/2014/12/schedule/8/paragraph/3/2017-01-31 

Provision Level Repeals 6.png

Provision Level Repeals 7.png

Repeal of a provision or sub-provision

Whole extent and wholly in force

https://www.legislation.gov.uk/uksi/2020/1005/regulation/8 

Provision Level Repeals 2.png

Limited extent

https://www.legislation.gov.uk/ukpga/2014/12/schedule/11/paragraph/95/2017-01-31 

Provision Level Repeals 9.png

Provision Level Repeals 10.png

In force for specified purposes only

https://www.legislation.gov.uk/ukpga/2014/12/section/40/2017-01-31 

Provision Level Repeals 8.png

Repealed with substantive savings

https://www.legislation.gov.uk/ukpga/1967/86/part/III/crossheading/creation-of-public-paths 

Provision Level Repeals 11.png

Specific update issues to be aware of with provision level repeals

Repeal of words

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On 1.4.2011, the word "and" at the end of 2005 c.5 s. 806(5)(c) was repealed for E. by 2008 c. 23, Sch. 1 para. 18(3)(a) and Sch. 4. Then on 6.4.2016, the word "and" was repealed for W. by Sch. 1 para. 18(3)(a) and Sch. 4: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.

Repeal of a provision or sub-provision

Before you repeal a provision

Before you carry out the repeal of a provision, check whether the provision is an inducing provision for a Schedule. Any Schedules that are induced by a provision should also be repealed when the provision is repealed and this should have been entered into the effects spreadsheet. But note that a Schedule may be induced by more than one provision, in which case all the inducing provisions should be repealed for that Schedule to be repealed. Check with a Review Editor if you think such a 'hidden' repeal may have been missed, or you are not sure.

Also check if there are any annotation references relating to the provision or sub-provision to be repealed 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 repealed, 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 repeal is completed. If in doubt seek advice from a Review Editor.

Substantive savings

https://www.legislation.gov.uk/ukpga/1967/86/part/III/crossheading/creation-of-public-paths

If your repeal is wholly in force and whole extent (so that all the text will be omitted upon repeal) but there are substantive (as opposed to common form) savings, you should consider whether text should be retained.

Even where savings appear to be common form we should consider whether there anything in TOES coming along at a future PiT (further amendments to our repealed provisions) that might require the text to be retained so that we can apply future amendments to the saved repealed provisions. For smaller amendments in saved repealed documents it’s probably sufficient just to mention them as appended commentary to the main repealed annotation.

Consult a Review Editor if you are not sure.

Positioning of existing insertion/substitution closing bracket after a sub-provision is repealed

https://www.legislation.gov.uk/uksi/2020/684/regulation/5B/2020-09-14#regulation-5B-5

After reg. 5B(5) was revoked, the closing bracket for the insertion of reg. 5B was located just after the sub-provision number:

F9(5)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The closing bracket needed to be moved to the end of the dotty line:

F9(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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

Provision level repeals in more detail

Carrying out a repeal of words 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, identify which words are to be repealed.

  2. In the amended provision, highlight those words.

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

  4. Your next action will be determined by whether the repeal covers the whole extent and wholly in force 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 of words 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.

In force for specified purposes only

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.

Once the amendment has been made, you should firstly check the amendment in XMetaL and then check the amendment on the Editorial Site.

Carrying out the repeal of a provision or sub-provision in XMetaL

Make sure you have read the section titled "Before you repeal a provision" before you start to repeal a provision.


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, identify the provision/sub-provision to be repealed.

  2. In the amended provision select the appropriate <ukl:P#para> tag to highlight and copy the provision/sub-provision to be repealed:

    • 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 (surrounded by <ukl:Pnumber> tags).

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

  4. Your next action will be determined by whether the repeal covers the whole extent and wholly in force 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 is for the whole extent.

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

  • Automatically repeal the provision/sub-provision, 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.

Note: The repeal of a sub-provision may also include the preceding word, to carry this out follow the repeal of words procedure using the same repeal task in the Resource Manager.

Limited extent

These instructions should be followed if the repeal is for a limited extent only.

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 existing provision or sub-provision, bracketed by opening <repeal> and closing </repeal> 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.

In force for specified purposes only

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 click Legislation - Textual Amendments - Repeal Retain Text. This will:

  • Retain the existing provision or sub-provision, bracketed by opening <repeal> and closing </repeal> 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.

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 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.

Once the amendment has been made, you should firstly check the amendment in XMetaL and then check the amendment on the Editorial Site.

Checking the amendment in XMetaL

  1. 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.

  2. Scroll back up to the where the amendment was made in the amended provision and check the <ukl:repeal> tags are positioned correctly.

    Before Repeal of Words Before - WE.png


    After Repeal of Words After - WE.png


    See on the published site 1998 c. 41 sch. 8 para. 15


    Note:If you carried out a limited extent or retained text repeal of a whole provision, the opening bracket for the repeal will automatically be positioned within the ukl:Pnumber tag before the first sub-provision number inside the ukl:P1para tagging. You should adjust the position of the opening bracket to include the provision number by moving (by clicking on the tag and dragging it) the opening ukl:repeal tag to just before the provision number within the ukl:Pnumber of the provision. Also, if your substitution also included the provision title, you also need to adjust the position of the opening bracket to include that. If you carried out a limited extent or retained text repeal of a sub-provision, the opening bracket for the repeal will automatically be positioned just inside the first ukl:text tag of the ukl:P2para or ukl:P3para tagging that you selected. You should adjust the position of the opening bracket to include the sub-provision number by moving (by clicking on the tag and dragging it) the opening ukl:repeal tag to just before the sub-provision number within the relevant ukl:Pnumber tag.


  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.

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

Checking the amendment on the Editorial Site

  1. Return to the Update Details page and refresh the page by pressing CTRL and F5. The Edit Status should change to Edit Complete.
  2. Preview your amendment by selecting the Newly Edited Version tab or the Preview Legislation button and check that your amendment and annotation commentary are in the right place and are formatted as you would expect:
    • in a repeal of words, the repealed words have been replaced with 3 dots;
    • in a repeal of a provision or a sub-provision, the repealed provision or sub-provision has been replaced with a dotty line after the provision or sub-provision number;
    • for a limited extent or retained text repeal, the repealed text should still be visible and should be surrounded by square brackets;
    • that there are no brackets or annotation references remaining that have been superseded by the repeal;
    • that the annotation reference and the text of the annotation are correct. See more detail on annotations in Annotation Conventions
    • if you need to check any of the attributes of the provision you have amended, this can easily be done by selecting the Newly Edited Version tab where you will see the relevant attributes of your provision listed.
  3. Select the Preview Legislation button to check the timeline and to see how the provision would look in the context of the whole item of legislation. Make sure that the correct Point in Time has been created on the timeline to accommodate your amendment and that you can move between the Points in Time on the timeline correctly. If there are any errors in the timeline, correct them using the Timeline Resolver.
  4. Finally, 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:

Related Pages

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