Editorial Update/Textual Amendments/Substitutions/Provision Level Substitutions

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OVERVIEW

Whole extent and wholly in force

Whole extent substitution of words

https://www.legislation.gov.uk/uksi/2020/1045/regulation/3/2021-03-29 

Provision Level Substitutions 1.png

Provision Level Substitutions 2.png
Jump to: Carrying out a substitution of words

Limited extent

Limited extent substitution of words

See substitution of words (for E.W.S only) with retained text in S.I. 2015/310, reg. 31. 

Substitution of Words 3.png

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.

Jump to: Carrying out a substitution of words


Limited extent substitution of provisions or sub-provisions

Limited extent substitution of a sub-provision

Retained text subprov substitution.png 

S. 33(3) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 59(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Note: For limited extent whole provision substitutions, it may not be possible to carry out a limited extent amendment without creating concurrent versions and we are currently unable to do this ourselves in the Editorial System, it needs to be referred to TSO. Speak to a Review Editor for advice in this situation. See an example of a limited extent whole provision substitution that has been carried out without creating concurrent versions here: https://www.legislation.gov.uk/ukpga/2006/32/section/79.

Jump to: Carrying out the substitution of a provision or sub-provision


In force for specified purposes only

Substitution of words for specified purposes

See retained text substitution of words in 2014 c. 12, Sch. 8 para 3(2). 

Substitution of Words 1a.png

Provision Level Substitutions 4.png

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).

Jump to: Carrying out a substitution of words


Substitution of provisions or sub-provisions for specified purposes

https://www.legislation.gov.uk/uksi/2010/2214/regulation/23/2013-01-09 

Provision Level Substitutions 3.png

IN MORE DETAIL

Related reading: Approach to Update - Some Basic Rules and Exceptions, Limited extent amendments, Applying partially in force amendments which are then brought further into force over time

Carrying out a substitution 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.

Step One
  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 and is wholly in force 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 and wholly in force

Step Two - whole extent and wholly in force

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)’
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

Limited extent

Step Two - 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)'
  • 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.

In force for specified purposes only

If your amendment is only in force for specified purposes, i.e. the In Force Date Qualification is not ‘wholly in force’ but is, 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.

For further guidance on making the decision to retain text for partially in force amendments see partially in force amendments. Check with a Review Editor if you are not sure whether to retain text or not.

Step Two - specified purposes

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)'
  • 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.

Step Three

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.

Your next task will be to check the amendment in XMetaL and then check the amendment on the Editorial Site.

Note:

  • 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.

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

If your substitution involves unequal substitution of whole provisions, you should follow the instructions in Higher Level Substitutions, as you will need to have checked out the parent level of the provision.

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.

Step One
  1. In the amended provision window:
    • Check if there are any annotation references relating to the provision or sub-provision to be substituted appearing in front of the provision number and if so, check if the annotation reference is for a textual amendment (F-note), a non-textual amendment (C-note), or contains the commencement information(I-note):
    C-notes: When a whole provision or sub-provision is substituted, 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.
    F-notes and I-notes: Where they are present, these will usually need removing if provision is being substituted after it has come into force.
    Before removing any annotation references, read the annotations first to ensure they will no longer apply after the substitution is completed. If in doubt about removing annotation references, seek advice from a Review Editor.
  2. In the amending provision window:
    • Read what the amendment is and where in the amended provision it is to be made.
    Note: If the title is also substituted as part of the substitution, this will need to be done separately. First carry out the substitution for the provision and then substitute the new title for the old in the ukl:title tags (you can copy and paste). You will then need to drag the opening substitution tag to the beginning of the title.
    • Select the appropriate <ukl:P#para> tag to highlight and copy the provision/sub-provision to be substituted:
      • 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 (enclosed in <ukl:Pnumber> tags):

    Substitution of Provision image 1.jpg

    You can right-click and copy or use the standard ‘edit’ and ‘copy’ menu options from the menu bar.
  3. In the amended provision, highlight the relevant <ukl:P1para>, <ukl:P2para> or <ukl:P3para> tag for the provision or sub-provision that is to be substituted.
  4. Single click on the task to highlight it in the Resource Manager window.

Your next action will be determined by whether the amendment covers the whole extent and is wholly in force 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 and wholly in force

Step Two - whole extent and wholly in force

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

  • Automatically substitute the provision/sub-provision, 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. e.g. S. 5(3) substituted (1.3.2004) by Health and Education Act 2003 (c. 90), s. 130, Sch. 18 para. 8; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

Limited extent

For limited extent whole provision substitutions, it may not be possible to carry out a limited extent amendment without creating concurrent versions and we are currently unable to do this ourselves in the Editorial System, it needs to be referred to TSO. Speak to a Review Editor for advice in this situation. See an example of a limited extent whole provision substitution that has been carried out without creating concurrent versions here: https://www.legislation.gov.uk/ukpga/2006/32/section/79.

For a limited extent substitution of a sub-provision, you can carry out a limited extent substitution as follows:

Step Two - limited extent substitution of a sub-provision

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:

  • Retain the existing sub-provision, bracketed by opening <repeal> and closing </repeal> tags, and insert after this the substituted sub-provision, 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; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

You should end up with two versions of the sub-provision, for example:

Retained text subprov substitution.png

The annotation should read, for example: 

S. 33(3) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 59(2); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

See more on limited extent amendments.

In force for specified purposes only

If your amendment is not ‘wholly in force’ and has a different type of In Force Date Qualification (i.e. ‘for specified purposes’), you may need to consider carrying out a retained text substitution so that the existing provision/sub-provision is retained alongside the newly substituted provision/sub-provision; however this may not always be possible, so check with a Review Editor if you are not sure.

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

See an example of a retained text whole provision substitution here: https://www.legislation.gov.uk/uksi/2010/2214/regulation/23.

Step Two - specified purposes

On the menu bar at the top of the page click Legislation - Textual Amendments - Substitution Retain Text; this will

  • Retain the existing provision or sub-provision, bracketed by opening <repeal> and closing </repeal> tags, and insert after this the substituted provision or sub-provision, 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; and
  • Generate a green tick next to the task in the Resource Manager window to show that it has been completed.

You should end up with two versions of the sub-provision, for example:

Provision Level Substitutions SP1.png

Provision Level Substitutions SP2.png

Step Three

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 amendment has been made, 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, provision or sub-provision 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. Substitution of words

    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


    Substitution of a provision or sub-provision

    If you substituted a whole provision, the opening bracket for the substitution 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:substitution 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, e.g.

    Original location of ukl:substitution tag:

    Substitution of provision 3.png

    Tag is moved to beginning of ukl:title tag so that the whole amendment will be contained within brackets: Substitution of provision 4.png



    If you substituted a sub-provision, the opening bracket for the substitution 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:substitution 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.

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, are formatted as you would expect and that the amendment is surrounded by correctly placed square brackets.
    • 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 the substituted text). 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.

SPECIFIC UPDATE ISSUES

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

Unequal substitution of sub-provisions

If your substitution involves unequal substitution of whole provisions, you should follow the instructions in Higher Level Substitutions, as you will need to have checked out the parent level of the provision.

More for less

More for less sub-provision substitutions occur when the substitution results in more sub-provisions than there were previously, such as new sub-provisions (a)-(c) in place of the existing (a) sub-provision.

To carry out this type of amendment, substitute the existing sub-provision in the amended provision with the new version from the amending provision. Then, copy and paste the new subs-provisions from the amending provision after the newly substituted sub-provision in the amended provision. Finally, in the amended sub-provision select the closing </ukl:Substitution> tag which sits before the closing <ukl:text> tag and cut and paste (or drag) it so it sits just before the closing </ukl:text> tag of the last new sub-provision.

Less for more

Less for more sub-provision substitutions occur when the substitution results in fewer sub-provisions than there were previously, such as a new sub-provision (a) substituted in place of the amended provision’s existing (a)-(c) sub-provisions.

To carry out this type of amendment, substitute in the new sub-provision which has the same number/letter as the existing sub-provision. Then, for the sub-provision(s) which are to be substituted out, delete the sub-provision <ukl:P2>, <ukl:P3> or <ukl:P4> tagging (which will completely remove the sub-provision(s)).

Note: This method differs from the whole provision level 'less for more' substitution method, which repeals the provisions to be substituted out, leaving the provision number and a dotted line.

See an example of a less for more substitution of sub-provisions.

Once you have completed your unequal substitution, check your amendment in XMetaL before checking the amendment on the Editorial Site as normal.

Example of a less for more substitution of a sub-provision

Amendment: 2004 c. 33, Sch. 2 para. 15(1)(c) substituted for Sch. 2 para. 15(1)(b)(c)

Instructions: Carry out substitution of para. 15(1)(c) and then delete the <P3> tagging for para. 15(1)(b) so that sub-paragraph (b) is completely removed.

Result: See 2004 c. 33, Sch. 2 para. 15(1)

Provisions/sub-provisions substituted for words

Amendment: 2008 c. 17, s. 178(3)(a)(b) substituted for words

Instructions: In XMetaL, from the Element List insert ukl:P3 tagging within the existing ukl:P2 tagging of s. 178(3) (after the closing /ukl:Text tag and before the closing /P2para tag:

ukl:P3
 ukl:Pnumber
 /ukl:Pnumber
 ukl:P3para
  ukl:Text
  /ukl:Text
 /ukl:P3para
/ukl:P3

Insert this tagging for both sub-paragraphs (a) and (b). Copy across the text from the amending provision into this tagging. Using the substitution task in the Resource Manager, substitute the words with the m-dash from the amending provision to generate the square brackets and the annotation. Move the closing square bracket to the end of the text in sub-paragraph (b).

Result: See 2008 c. 17, s. 178

RELATED PAGES
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