Editorial Update/Annotation Conventions
Introduction
Annotations are added to items of legislation on legislation.gov.uk to convey editorial information about that legislation. The principal use of annotations is to provide the legislative authority for any changes: to the text of legislation; to its meaning, scope or application; or to its in-force status.
The various types of annotation are listed below. Further detail is then given about the use of each annotation type, and the conventions for constructing those annotations in the editorial process. There is then mention of a few commonly arising special considerations you may come across in the update exercise. And finally there are tables setting out the conventions for citing affecting legislation, and the standard forms of abbreviation used in annotations.
This topic doesn't attempt to deal exhaustively with every conceivable variation in the construction of annotations. For example, there are many circumstances giving rise to additions to existing annotations or to specially tailored annotations. As update editor your role is to ensure that the ExToEs instructions (derived from the mark-up) are accurately reflected in the resulting annotations (ensuring also, of course, that the mark-up and ExToEs are themselves accurate). It is therefore essential to familiarise yourself as necessary with the relevant topics in the 'Preparation Tasks' sections of this wiki.
- Note on use of the term “commentary”: Within the editorial systems and supporting facilities, such as the Tables of Effect (ToEs), the term “commentary” is routinely used when referring to footnote annotations. This is a relic of old editorial jargon and is not descriptive of the annotations used on legislation.gov.uk or their purpose. In practice we are careful to avoid providing anything that could be described as “commentary”, except perhaps in the rare situation where an ‘Editorial Comment’ is needed (see ‘X-notes’ below). For this reason, the generic term “annotation” is used throughout this wiki, except when specifically referring to the wording of those editorial systems and facilities where the term “commentary” appears.
| Annotation Type | Initial stands for | Heading used on website | Function |
|---|---|---|---|
| F-notes | Footnotes | Amendments (Textual) | Used for amendments (mainly insertions, substitutions and repeals) where there is authority to change the text. |
| C-notes | Crossnotes | Modifications etc. (not altering text) | Used for 'non-textual effects', by which the meaning, scope or application of an Act or provision, etc. is changed in some way, but without there being any authority to alter the text. |
| I-notes | In-force | Commencement information | Contains information about the coming into force of a provision. |
| E-notes | Extent | Extent information | Contains information about the geographic extent of the Act or relevant part of it. |
| P-notes | Power exercised | Subordinate legislation made | Where a provision of primary legislation confers power to make subordinate legislation this annotation may be used to cite any instruments made under that power. |
| M-notes | Marginal citations | Marginal citations | Mainly used to recite the year and number of an Act or instrument mentioned in the text. |
| X-notes | Caution! | Editorial information | Used sparingly to alert users to anything they may need to be aware of, usually some difficulty or uncertainty in the text of a provision. |
Types of Annotation
F-notes (Textual Amendments)
For the general principles relating to textual amendments, and a list of the main types of textual amendment, see Editorial Principles - Textual Amendments.
Structure of F-notes
The editorial system automatically generates annotations according to prescribed rules. Sometimes the annotations that are generated can contain errors due to bugs in the editorial system or errors in the TOES data, so it is important that you are aware of how the annotations are put together and what you should look out for when checking them during the update process.
The aim of an annotation is to give authority for the amendment and allow the user to link to the amending legislation. Every amendment should be annotated with an annotation that is:
- Accurate – as this is an official record published by the Government;
- Specific – the annotations must be strictly structured according to the editorial conventions.
The annotation for an amendment should specify—
- the location in the amended legislation and type of amendment (for example, ‘Words in s. 1(1)) repealed’)
- any limitation of the jurisdictional extent or territorial application (TA) (if the amendment is of lesser extent or TA than the amended provision)
- when it comes into force, with any in-force qualifications and incremental in-force information (for example: ‘repealed (1.2.2004)’; or ‘inserted (1.1.2005 for specified purposes, 1.1.2006 so far as not already in force)’)
- all provisions of the amending legislation giving authority for the amendment (to include: title, year, series number, main affecting provisions, commencement provision (if any), together with any savings). Brief details of any subsequent commencing SI(s) are added; the structure of this addition will be similar to the main citation, except that the title of the commencing SI is not included, and commencing SIs do not themselves generally contain any commencement provision.
For a straightforward F-note or C-note, the editorial system uses data (as relevant) from these TOES columns to generate an annotation when an effect is applied:
if a Commencement Order has brought the effect into force, then the editorial system will used data (as relevant) from these additional TOES columns:
The system uses the following logic when generating annotations from the TOES data (F-note and C-note general annotations):
[Word[s]/Sum[s] in][Affected provision][:]1[Type of Effect][(Affecting Territorial Application or, if none, then Affecting Extent, if this is narrower than Affected Extent)]([IF Date][IF Date Qualification][IF Date Qualification Other]…3)by/by virtue of2[Affecting Legislation title]([Affecting Legislation number]),[Affecting Provision],[Commencement Authority][(with Sav)][Appended commentary];[Commencing Legislation number],[Commencing Provision]3[(with CO Savs)][CO Appended commentary]…4
Notes:
1. A colon is only included for a small number of specific types of non-textual effect e.g. “power to amend conferred”, see further examples here. Note that a colon should not appear in the annotation for renumbering amendments.
2. “by virtue of” if type of effect = omitted, ceases to have effect, otherwise “by”. See also, the section on Awkward Amendments, where we may also choose to use “by virtue of”.
3. The order in which the Commencement Authority and Affecting Provision will appear within the annotation will depend on the numerical order in which those provisions appear within the affecting document. If both provisions appear within the main body, then the type of provision will be pluralised, e.g. regs., ss., and the numbers will be separated with a comma. If the Commencement Authority is in the main body and the Affecting Provision is in a Schedule, the Commencement Authority will appear first. The Affecting Provision (the Operative Provision) will be in bold.
4. “…” indicates the possibility of adding incremental commencement data. The IF Dates and IFDQs of course do not necessarily come from the core effect, but may be added incrementally by subsequent COs which are associated with the core effect via the Commencing Effects Research task.
5. Where a ‘Suggested Commentary’ has been entered in TOES along with the core effect, this would overwrite the usual construction of the annotation.
6. Unless the Appended Commentary text is placed within brackets in TOES, the eventual annotation will separate the text of the appended commentary from the rest of the system-generated annotation using a semicolon.
The citations in an annotation should follow the Annotation Style Guide.
Variations: see References to Punctuation, Knock-ons, Awkward Amendments.
Example Annotations:
Words in Sch. 2 para. 4(a)(ii) inserted (S.) (1.1.2005) by Update Manual Act 2004 (c. 1), ss. 7, 44(2) (with s. 22); S.I. 2004/4321, art. 2 (with art. 3)
(where s. 7 is the amending section, s. 44(2) is the commencement authority, s. 22 contains a saving, and S.I. 2004/4321 is a commencing S.I.)
Art. 3(1) repealed (2.6.2007) by Manual Update (Northern Ireland) Order 2007 (S.I. 2007/1234 (N.I. 10)), arts. 1(2), 39(3), Sch. 3
(where art. 1(2) is the commencement provision, art. 39(3) is the omitting provision and Sch. 3 is the repealing provision. We no longer cite the inducing provision of the amending Schedule.)
See further examples of annotations below.
During normal editorial practice we would not anticipate you needing to make any significant changes to the annotations. If you do however find it necessary to make some changes it would help the reviewers if you could add a note on the ‘Update Overview’ page alerting them to the fact that some manual editing of the annotation was necessary.
C-notes (Non-textual Effects)
See also Editorial Principles - Non-textual effects for the general principles relating to non-textual effects, and also a list of the main types of non-textual effect with example annotations.
Structure of C-notes
Much of what has been said about annotations for textual amendments applies equally to non-textual effects, and the online editorial tools will automatically generate the annotations according to prescribed rules.
The non-textual effects have already been identified at the mark-up stage, so your task is to ensure that the generated annotations accurately reflect what has been marked up.
Please follow the guidance in the previous section relating to textual amendments when you are checking to see whether the generated annotation is accurate.
Note that C-notes are always recorded against a provision or sub-provision and never against particular words.
C-note general annotation:
[For the logic see F-notes above]
Example Annotations:
Sch. 2 para. 4(a)(ii) modified (S.) (1.1.2005) by Update Manual Act 2004 (c. 1), ss. 7, 44(2) (with s. 22)
(where s. 7 is the affecting section, s. 44(2) is the commencing section and s. 22 contains a saving)
Art. 3(1) applied (with modifications) (2.6.2007) by Manual Update (Northern Ireland) Order 2007 (S.I. 2007/1234 (N.I. 10)), arts. 1(2), 39(3), Sch. 3
(where art. 1(2) is the commencement provision, art. 39(3) is the applying provision and Sch. 3 contains a list of modifications. We no longer cite the inducing provision of affecting Schedules.)
See further examples of annotations
As with textual amendments, if you do need to make some changes it would help the reviewers if you could add a note on the ‘Update Overview’ page alerting them to the fact that some manual editing of the annotation was necessary.
I-notes (Commencement information)
For the general principles relating to the commencement of legislation, see Editorial Principles - Commencement.
For editorial update guidance related to I-notes, see "Applying coming into Force Effects".
Structure of I-notes
As for F-notes and C-notes, the online editorial tools will automatically generate the annotations according to prescribed rules. Commencement effects have already been identified at the mark-up stage, so your task is to ensure that the generated annotations accurately reflect what has been marked up.
Please follow the guidance in the previous sections when you are checking to see whether the generated annotation is accurate.
Note that I-notes are always recorded against a provision or sub-provision and never against particular words.
I-note general annotation:
[Affected provision] in force at [IF Date] [IF Date Qualification [IF Date Other]] by [commencing legislation number], [commencing provision] [(with [CO Savs])]
Example Annotation:
S. 1(1) in force at 1.11.2011 in so far as not already in force by S.I. 2011/1234, reg. 2 (with reg. 3)
I-notes for provisions that come into force in accordance with a date to be notified in the London, Belfast or Edinburgh Gazettes
Cite the different editions for the different jurisdictions/TAs, as in the following examples:
E.W., GB, UK, W, E
Reg. 1 in force at 1.11.2012 as notified in the London Gazette (dated 19.10.2012), see reg. 1(2)
S.
Reg. 1 in force at 1.11.2012 as notified in the Edinburgh Gazette (dated 19.10.2012), see reg. 1(2)
N.I.
Reg. 1 in force at 1.11.2012 as notified in the Belfast Gazette (dated 19.10.2012), see reg. 1(2)
E-notes (Extent information)
E-notes are mainly used where multiple extent versions (or "concurrent versions") of a provision have been created. There are standard wordings for the most common scenarios set out below:
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only
This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
This version of this provision applies to England only; a separate version has been created for Wales only
This version of this provision applies to Wales only; a separate version has been created for England only
This version of this provision applies to England and Scotland only; a separate version has been created for Wales and Northern Ireland only
This version of this provision applies to Wales and Northern Ireland only; a separate version has been created for England and Scotland only
Use a similar format if you have a different scenario that does not fit in with the standard wordings above or consult a Review Editor if you are not sure.
See an example where there are multiple concurrent versions here.
An E-note may also rarely be inserted into a provision where its extent is particularly complicated or where it has been changed and the extent provision of the Act does not adequately reflect this.
P-notes (Subordinate legislation made)
P-notes are now used to indicate where a power to make subordinate legislation to appoint a day or specify a date has been exercised. See for example 2020 c. 7, s. 82.
P-notes were used more extensively in the past, originally to record details of all subordinate legislation made under each power-conferring provision of an Act. But that was found to be impractical and the practice was abandoned in the early 1990s.
P-notes were also used on sld to record the making of commencement orders. They were added to the commencement provision of an Act, instead of adding I-notes to each straightforwardly commenced provision, in an effort to speed up the update task. The straightforwardly commenced provisions would then get start dates added to them using a batch process. You can see an example of this use of a P-note in 2003 c. 44, s. 336. This practice was abandoned when we switched to the new editorial system which automatically inserts coming into force effects as I-notes for us.
M-notes (Marginal citations)
This annotation type is so called because it used to appear in the margin of the printed version of primary legislation. This type of M-note was used to recite the year and number of an Act or instrument mentioned in the text, see for example:
http://www.legislation.gov.uk/ukpga/1999/6/section/2
M-notes are generally derived from the text of the original legislation and are only occasionally added editorially. They are no longer used in primary legislation since the changes in drafting style introduced in 2001.
In secondary legislation deployed from SLD, drafters footnotes originally rendered as F-notes - which were therefore mixed in with our editorial F-notes - and should now all have been converted to M-notes to distinguish them.
X-notes (Editorial information)
There is no set format for X-notes. They are tailored individually according to the circumstances in each case. An update editor would not be required to insert any X-notes unless on the advice of a Review Editor.
You can see an example of the use of an X-note in 1985 c. 70, s. 21. We may also use an Editorial Note appended to the end of an amendment annotation, rather than a separate X-note, where this is felt to be more helpful to the end user. See for example the F-note annotation for the insertion of 1972 c. 70, Sch. 12 para. 4(1A)(1B).
Annotation References
Annotation references are the reference numbers that appear by an annotation that start with a letter denoting the type of annotation. For F-notes, X-notes, and M-notes, the annotation reference is also displayed in the relevant location within the body of the text, and the references are linked so that you view the relevant annotation text from the body text by clicking on the annotation reference.
For textual amendments, F-note references are placed inside the opening square bracket enclosing the amendment text or, in the case of a repeal, before the three dots (for repealed words), or before the provision or sub-provision number (which is retained when a whole provision or sub-provision is repealed).
The attributes that relate to how annotation references are linked to the relevant annotation text are described here.
Amendments to annotation references
Effect of Amendment on Existing C-notes
When a whole provision or sub-provision is substituted, the existing C-notes do not necessarily become redundant. It is best practice to leave the existing C-notes in place unless the affecting legislation giving rise to the C-note has been repealed or revoked, or it is otherwise clear from the context of the new amendment that the C-note is no longer relevant. To remove a C-note, delete the C-note reference that appears before the relevant provision or sub-provision number (deleting the annotation itself won't remove it). If in doubt, consult a Review Editor.
See more on this on the Provision Level Subsitutions and Provision Level Repeals pages.
Annotation Style Guide
Citation of Affecting Legislation
These tables set out the standard formats for citing affecting legislation in annotations. The examples in the tables only include current or recent legislation types which you are likely to come across as affecting legislation in the editorial update exercise. They do not include older legislation types (such as Acts of the old English Parliament, or Measures of the Northern Ireland Assembly). If you need to check citations relating to the effects of older legislation types, see the Guide to Revised Legislation on legislation.gov.uk at p. 15 onwards.
| Primary legislation | Form of citation |
|---|---|
| Public General Acts (UK) | . . . Act 2018 (c. 21) |
| Local Acts (UK) | . . . Act 2018 (c. xiv) |
| Acts of the Scottish Parliament | . . . Act 2018 (asp 15) [Note: no dot] |
| Acts of the Northern Ireland Assembly | . . . Act (Northern Ireland) 2018 (c. 16) |
| Acts of the Senedd Cymru [from 2020] | . . . (Wales) Act 2020 (asc 1) [Note: no dot] |
| Acts of the National Assembly for Wales [from 2012] | . . . (Wales) Act 2018 (anaw 3) [Note: no dot] |
| Measures of the National Assembly for Wales [to 2011] | . . . (Wales) Measure 2011 (nawm 4) [Note: no dot] |
| Church Measures | . . . Measure 2018 (No. 1) |
| Secondary legislation | Form of citation |
|---|---|
| UK Statutory Instruments | . . . Order [etc.] 2018 (S.I. 2018/1234) |
| Wales Statutory Instruments | Same as UK Statutory Instruments (of which they are a type) [Note: no ‘W.’ series numbers.] |
| Northern Ireland Orders in Council | Same as UK Statutory Instruments (of which they are a type) [Note: we no longer add ‘N.I.’ series numbers.] |
| Scottish Statutory Instruments | . . . Order [etc.] 2018 (S.S.I. 2018/1234) |
| Statutory Rules of Northern Ireland | . . . Order [etc.] 2018 (S.R. 2018/1234) |
| Church Instruments | These are used only as commencing instruments. |
Standard Abbreviations
Listed below are the main abbreviations used in annotations (other than for legislation types, as to which see 'Citation of Affecting Legislation' above). Where applicable, the plural is given in brackets. Unless otherwise indicated in the list, initial letters of the abbreviations should appear in lower case (except where they occur at the beginning of a sentence).
| Abbreviation | Meaning |
|---|---|
| art. (arts.) | article(s) |
| Ch. (Chs.) | Chapter(s) (as a division of legislation) |
| para. (paras.) | paragraph(s) |
| prosp. | prospective |
| Pt. (Pts.) | Part(s) |
| reg. (regs.) | regulation(s) |
| retrosp. | retrospective |
| s. (ss.) | section(s) |
| Sch. (Schs.) | Schedule(s) [But Note: for schedules in asps and SSIs use lower case.] |
| temp. | temporary |
In general, terms for types of divisions of legislation other than those listed above should be spelt out (for example ‘Appendix’, ‘Note’, ‘Rule’, ‘Table 1’, ‘entry’, etc.).
Arabic Numerals
Since 2001 Acts switched from Roman to Arabic numerals for Parts and Chapters of Acts and for Parts of Schedules. Part and Chapter numbers cited in annotations should be in Arabic numerals even where the Part or Chapter referred to is in an old style pre-2001 Act, for example:
https://www.legislation.gov.uk/ukpga/1996/8/part/IV/chapter/II
Pt. 4 Ch. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 24(a)
We always enter Part and Chapter numbers into TOES as Arabic numerals. The only time we use Roman numerals in TOES is for the chapter numbers of Local Acts to distinguish them from PGAs.
| WARNING: There is a technical reason (to do with how TSO convert our TOES data into urls for affected provisions in pre-2001 Acts) which means that occasionally our annotations may contain Roman numerals in references to Parts and Chapters. Please look out for this while updating (especially in C-notes inserted at Part or Chapter level) and change these to Arabic numerals.
The new retained EU legislation also contains Roman numerals in higher level provisions, for example in Titles, Chapters, Annexes, etc, and therefore you should look out for Roman numerals coming through into our annotations while editing EU Regulations and Decisions and change these to Arabic numerals. |
Note: We DO NOT change references to Roman numerals contained in the text of the legislation.
References to Punctuation
| WARNING: There is currently a bug in GATE-generated PDFs which means that the wording “and semi-colon” gets incorrectly imported into TOES when a provision and preceding item of punctuation are the subject of an amendment (this should be removed from TOES during the Record Effects task). |
For example:
There should NOT be a reference to the punctuation in the annotation when this effect gets applied during update:
S. 1(1)(g) inserted (with effect in accordance with s. 85(1)(b) of the amending Act) by Finance Act 2021 (c. 26), Sch. 15 para. 10
Note that this is different to the situation where a provision and an entire word (or words) are the subject of an amendment, where we would include “and word” (or “and words”) in the annotation. We do not as a rule include mention of punctuation that precedes or follows a word. For example, see the insertion of 2016 anaw 6, s. 45(2)(b) and word here:
https://www.legislation.gov.uk/anaw/2016/6/section/45
We only need to mention an item of punctuation in an annotation where that item of punctuation is the specific target of the amendment. We should use the following house style to reference the common types of punctuation:
| ; | semicolon |
| : | colon |
| . | full stop |
| , | comma |
To reference other less common forms of punctuation it is acceptable to use the term “punctuation mark”.
(Note: It is our house style NOT to hyphenate the word “semicolon”. Any examples you may spot of the term “semi-colon” (with a hyphen) will be the result of the GATE bug mentioned above.)
Examples
Semicolon in reg. 60(2) substituted for full stop (31.12.2020 immediately after IP completion day) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I. 2020/590), regs. 1(2), 3(14)(d)(i); S.I. 2020/1514, reg. 4
https://www.legislation.gov.uk/uksi/2019/135/regulation/60/2020-12-31#regulation-60-2-d
Word in Sch. 3 para. 9(6)(c)(ii) substituted for full stop (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(iv)(aa)
Full stop in reg. 4(1)(b) substituted for word (28.11.2020 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 27) Regulations 2020 (S.I. 2020/1360), regs. 1(1), 2(3)(a)(i) (with reg. 4)
https://www.legislation.gov.uk/uksi/2020/568/regulation/4/2020-11-28#regulation-4-1-b
Comma in reg. 2 inserted (29.9.2019) by The Genetically Modified Organisms (Deliberate Release) (Amendment) (England) Regulations 2019 (S.I. 2019/1252), regs. 1(1), 3(a)
https://www.legislation.gov.uk/uksi/2002/2443/regulation/2/2019-09-29
Other annotation style points to note
1. We don’t express provisions with the leading zeros that we insist upon for TOES. So, Sch. 2 para. 4(a)(ii) is not expressed in annotations as “Sch. 02 para. 004(a)(ii)”.
2. Punctuation and spacing are crucial and must be consistent across every annotation:
- in any qualification of extent there should always be full stops, e.g. “E.W.”, “S.”.
- there should be spaces after commas and also after full stops denoting abbreviations of provisions, such as “s. 2” or “para. 4” (but not within indications of limited extent, such as “N.I.” or “E.W.S.”, or in dates).
- different provisions or provision numbers of the same type of provision are separated by a comma and a space, e.g. “regs. 1(2), 6(2)(b)” but sub-provisions of a provision are not separated, e.g. “reg. 2(1)(e)(2)”.
3. In some instances the automatically generated reference to the amending legislation may not include certain types of provisions, e.g. ‘Groups’. In such cases it may be necessary to add this information to the annotation, e.g. Sch. 3 Group 4.
4. When referring to a table in an annotation, use a capital “T” for a numbered table, i.e. “Table 1”, but for an unnumbered table use lower case “t”, i.e. Sch. 1 para. 2 table, etc., and where a Schedule, or a Part in a Schedule, consists entirely of a table, the affected provision should be given as, for example, “Sch.” (or “Sch. 01 Pt. A”, etc.), without mention of the table. Also remember to make sure that the table is referenced consistently if there are previous annotations that also reference the same table in that provision.
5. The effect types ‘omitted’ and ‘ceases to have effect’ are always expressed, for grammatical reasons, to be “by virtue of” the affecting provision. Other effect types may sometimes be expressed as being "by virtue of" depending on whether the affecting provision uses the precise wording of the effect type. For example, in the case of a renumbering, if the affecting provision says “S. 1 becomes s. 1(1)”, the wording for the effect should be “S. 1 renumbered as s. 1(1) by virtue of . . .”, but not if the affecting provision says "S. 1 shall be renumbered as s. 1(1)".
Annotations and In Force Date Qualifications
This section provides guidance on how annotations should render some of the more unusual In Force Date Qualifications (IFDQs) to be found in TOES. This is particularly relevant for Finance Acts, as effects by and on Finance Acts often have quite odd commencement information. See Finance Acts and financial amendments for more detail about the commencement of Finance Acts and other financial amendments.
Rendering of IFDQs
Please be wary about how the effects annotations are being rendered. Always refer to the EXTOES when editing and look out especially for effects with the following IFDQs:
“with effect in accordance with”
The annotation should read:
"(with effect in accordance with [provision] of the amending [legislation type])"
There should be no date in the annotation as this may be misleading to the end user. The In Force Date is only used for the version start date.
Note that there was a bug in the code some time ago that meant that these IFDQs were coming out erroneously as "(with effect in accordance with [provision] of the commencing [legislation type])", and though this has been fixed there may still be instances hanging around.
“with application in accordance with”
The annotation should read:
"(with application in accordance with [provision] of the amending [legislation type])"
There should usually be no date in the annotation as this may be misleading to the end user. The In Force Date is only used for the version start date. However, for certain types of document where there is an explicit In Force date, we may want to include the date in the annotation, for example:
“(13.1.2014 with application in accordance with reg. 1(2) of the amending S.I.)”
In this scenario, the update editor should include the in force date in the annotation while checking to make sure that the annotation has rendered correctly.
See also:
Student fees, award and support in relation to academic years
“(12.6.2024 with application in accordance with reg. 1(3)(4) of the amending S.I.)”
“for specified purposes and with effect in accordance with”
The annotation should read:
"(for specified purposes and with effect in accordance with [provision] of the amending [legislation type])"
There should be no date in the annotation as this may be misleading to the end user. The In Force Date is only used for the version start date.
Note that when a Commencement Order (CO) brings it into force for the remaining purposes the annotation will need to be amended to read "(with effect in accordance with [provision] of the amending [legislation type])" and the reference to the CO should appear at the end of the annotation following a semicolon in the usual way.
“for specified purposes and with application in accordance with”
The annotation should read:
"(for specified purposes and with application in accordance with [provision] of the amending [legislation type])"
There should be no date in the annotation as this may be misleading to the end user. The In Force Date is only used for the version start date.
Note that when a Commencement Order (CO) brings it into force for the remaining purposes the annotation will need to be amended to read "(with application in accordance with [provision] of the amending [legislation type])" and the reference to the CO should appear at the end of the annotation following a semicolon in the usual way.
“retrospective”
Where the amendment is retrospective to a specified date, the annotation should read:
"(retrospective to [date])"
Where the amendment is deemed always to have had effect, the start date doesn't need to be cited and the annotation should be changed to read:
"(retrospectively)"
Where the amendment is deemed always to have had effect we use the date that the affected provision initially came into force as our start date (or, where the affected legislation was enacted pre-basedate, we use the basedate: 01/02/1991) for the TOES entry, but this date does not need to appear in the annotation.
See, for example, Finance Act 2009 (c. 10), Sch. 16 para. 15 which was amended retrospectively by Finance Act 2011 (c. 11), Sch. 12 paras. 9(3), 14(1):
"Word in Sch. 16 para. 15(1)(a) substituted (retrospectively) by Finance Act 2011 (c. 11), Sch. 12 paras. 9(3)(a), 14(1)"
Sch. 12 para. 14(1) of the affecting Act says: "The amendments made by paragraph 9 are treated as always having had effect."
Also, see 1983 c. 2, s. 75, where there is a retrospective effect by 2006 c. 22, s. 25. The amendment is "taken to have had effect from 16 February 2001 (the date of coming into force of section 131 of the 2000 Act)" by virtue of s. 25(6) of the affecting Act. Unusually this was not in force at Royal Assent and had to be kicked off by a commencement order (S.I. 2006/1972):
“S. 75(1ZZA)(1ZZB) inserted (retrospective to 16.2.2001) by 2006 (c. 22), ss. 25(3)(6), 77(2) (with s. 25(7); S.I. 2006/1972, art. 3, Sch. 1 paras. 4, 26(2)”
“retrospective and with effect in accordance with”
The annotation should read:
"(retrospective and with effect in accordance with [provision] of the amending [legislation type])"
There should be no date in the annotation as this may be misleading to the end user. The In Force Date is only used for the version start date.
“retrospective and with application in accordance with”
The annotation should read:
"(retrospective and with application in accordance with [provision] of the amending [legislation type])"
There should be no date in the annotation as this may be misleading to the end user. The In Force Date is only used for the version start date.
"coming into force in accordance with”
The annotation should read:
"(coming into force in accordance with [provision] of the amending [legislation type])"
There should be no date in the annotation as this may be misleading to the end user. The In Force Date is only used for the version start date.
Note that if the commencement date is dependent upon another provision, a default commencement date may have been inserted during the Record Effects task and there may be a note in the Comments for Editor for the Update Editor to check the relevant provision for a commencement date at update stage. The Update Editor should double check the commencement date, and if the actual commencement date is now available then a TOES correction will be necessary and the update will need to be reset in consultation with a Review Editor.
“Other”
Where this has been used in EXTOES there should be a value entered in the free text field next to it. For example, we may have used IF Date “01/04/2012” and IFDQ “Other” and “at 5 p.m.”. This should come out in the annotation as “(1.4.2012 at 5 p.m.)”.
Where “Other” has been used, the date will always appear in the annotation before the free text, so this means that where we’ve had to use “Other” for complicated IFDQs which would normally suppress mention of the date (e.g. those involving “with effect” or “with application”) then you will need to manually remove mention of the date from the annotation while editing or reviewing.
Beware: Look out for bugs in the code that may render the annotation incorrectly such as when the TOES data contains IFDQ = Other and IFDQOther = e.g. "with effect in relation to any time before 1.4.2021"; the code may treat this as if we had entered IFDQ = "with effect in accordance with" in TOES and is therefore not showing the IF Date explicitly and is also adding "of the amending [legislation]” at the end unnecessarily.
The annotation initially rendered as:
Words in s. 1(1) substituted (temp.) (with effect in relation to any time before 1.4.2021 of the amending Act) by virtue of Contingencies Fund Act 2020 (c. 6), s. 1
and needed to be amended to:
Words in s. 1(1) substituted (temp.) (25.3.2020 with effect in relation to any time before 1.4.2021) by virtue of Contingencies Fund Act 2020 (c. 6), s. 1
Commencement notified in the Gazette
Words in reg. 2(1) inserted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 26 (with Sch. 2)
https://www.legislation.gov.uk/uksi/1989/1230/regulation/2
“having effect as specified”
This type of effect should appear as an I-note and the whole annotation should read:
“[Provision] has effect as specified by [affecting legislation], [affecting provision]”
There should be no date in the annotation as this may be misleading to the end user. The In Force Date is only used for the version start date.
For example, S.I. 2004/3104 does not bring s. 22(2) into force, but specifies a date for the purposes of 2004 c. 12, s. 22(5) which says,
"The amendment made by subsection (2) applies in relation to any use or availability for use on or after the appointed day (whatever the date of the directions mentioned in paragraph 5(4) of Schedule 4 to the Value Added Tax Act 1994 (c. 23))."
The S.I. appoints a day for this purpose but does not actually commence s. 22(2) so we use the type of effect "having effect as specified". It's not always so easy to attach a specific date to these (we may have to use the made date of the Appointed Day Order, see S.I. 2005/123 for example which appoints a retrospective date), so it's safer to leave the date out of the annotation and just use it for versioning purposes:
"S. 22(2) has effect as specified by Finance Act 2004, section 22(2), (Appointed Day) Order 2004 (S.I. 2004/3104), art. 2"
Commencement Orders and Appointed Day Orders
“specifying with effect”
Where an Appointed Day Order (ADO) appoints a day specifying how a “with effect” or “with application” amendment shall have effect, we use the IFDQ “specifying with effect” in EXTOES in the commencement order details (IFCO) columns. This should not add a date in the annotation (again, the date is used merely for versioning purposes). It should just add a reference to the ADO at the end of the annotation following a semicolon in the usual way. For example, in 2010 c. 4 a “with effect” amendment has its effect specified by S.I. 2011/2977:
“S. 1158 substituted (with effect in accordance with s. 49(6) of the amending Act) by Finance Act 2011 (c. 11), s. 49(2); S.I. 2011/2977, art. 2”
Where a commencement order (CO) has the IFDQ “with effect in accordance with” this should be rendered in the annotation as follows:
“(with effect in accordance with [provision] of the commencing [legislation type, e.g. S.I.])”
Similarly if the CO has IFDQ “with application in accordance with” then the annotation should read
"(with application in accordance with [provision] of the commencing [legislation type, e.g. S.S.I.])”
“Other”
For example, where a commencement order has the IFCO Date1 Qualification “Other” and IFCO Date1Other Qualification “except in relation to W.”, this gets rendered as:
Words in Sch. 2 para. 5(3)(d) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 24(3)(b); S.I. 2004/2304, art. 2
Note that, when the amendment was commenced for W. by another commencement order, this was recorded with IFCO Date2 Qualification “for W.”, which was added to the annotation as follows:
Words in Sch. 2 para. 5(3)(d) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 24(3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
Retrospective effects
If you see retrospective effects in the EXTOES and they fall on dates that are within the range of dates that you have been allocated for update then please double check that they actually appear as effects to be applied in your update timeline. If they do not then this should be raised as an issue for TSO to fix.
If you see unapplied retrospective effects (i.e. effects that are not marked with a Y in the “Applied to database column in EXTOES”) that fall on dates prior to the range of dates that you have been allocated for update then please point this out to your review editor as these will need to be applied via a corrections task.
Issues
Any issues with annotations should be raised with Richard so he can get TSO to fix them, but you can of course correct them and continue with the update. Please email Richard the URL, a copy of what the actual annotation says and what you think it should say. Please do not email screen shots.
Making amendments to annotations
Editing annotations in the website preview using the annotation edit button
You can use the Edit button in the website preview to make amendments to annotations without having to check the provision out in XMetaL:
If you click on the Edit button, a box will appear below the annotation where you can edit the text of the annotation. Click Update to save your changes (the Editorial System will automatically update any hyperlinks as necessary). If you decide not to make any changes, just click Close to return to the preview:
Beware the following bugs in the annotation preview Edit function:
Pt. 10 Ch. 2 applied (with modifications) (with effect in accordance with s. 36(4) of the amending Act) by 1992 c. 12, s. 138ZA(6) (as inserted by Finance (No. 2) Act 2023 (c. 30), s. 36(2)).
After using the Edit function, the link to s. 36(4) pointed to 1992 c. 12 and needed to be corrected to point to 2023 c. 30.
|
If you use the edit function to amend an annotation during update review, please note that your amendment will "trickle back" into previous PiTs. If you need to prevent this from happening, see below.
The Edit function is useful for making minor amendments to annotations, but if you need to make any bigger changes such as merging details from other annotations, you should check the provision out in XMetaL.
Situations where the wording of an annotation that has been generated by the editorial system may need to be amended
| WARNING: if you merge annotations by editing the existing annotation for an amendment, the details may "trickle" back into previous PiTs. Follow the method described below to prevent the new details from appearing at earlier PiTs. |
Merging annotations for limited extent amendments where the same amendment is made for different jurisdictions on different dates
Limited extent amendment for E.W. on 2.12.2019:
Words in s. 237(2)(b)(ii) substituted (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 3
Subsequently, exactly the same amendment is carried out for N.I. on 13.1.2020:
Words in s. 237(2)(b)(ii) substituted (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(6) (with regs. 6-9)
The annotations were merged into one annotation as follows (using the method described here to prevent the new details “trickling” back into the previous PiT):
Words in s. 237(2)(b)(ii) substituted (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 39 and (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(6) (with regs. 6-9)
Subsequently, the same amendment was made for S. on 1.6.2021; a colon was added after the type of effect and semicolons were used to split out the affecting documents with “and” included for the last one:
Words in s. 237(2)(b)(ii) substituted: (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 39; (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 17(6) (with regs. 6-9); and (S.) (1.6.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 6(5); S.S.I. 2021/23, reg. 2, sch. (with reg. 3)
See a more detailed explanation of this example on the Limited Extent Amendments page (which also explains how to stop the new annotation details “trickling” back into previous PiTs).
Note: For an amendment made on different dates for more than two different extents, it may be clearer to set out the annotations separately under the same annotation reference, rather than trying to merge several annotations, for example:
This format is achieved by including the <ukl:para> tagging for each annotation within the same <ukl:commentary> tag:
See more on Limited Extent Amendments.
Partially in force amendments being brought further into force
The Editorial System adds details about the further commencement of an effect to the original annotation, as described in the Applying partially in force amendments section on the Applying partially in force amendments which are then brought further into force over time page, for example:
S. 49(6)(c)-(e) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, arts. 1(1), 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)
We need to check that these details have been added correctly and amend if necessary. In the case of incremental amendments, if wording in the system-generated annotation needs changing at the first PiT, note that the original wording will appear again in the annotation as the relevant provision comes further/fully into force so will need changing again. For detailed instructions on amendments to annotations where an amendment is being brought further into force, see Editorial Update - Applying partially in force amendments which are then brought further into force over time.
“Amendment to earlier affecting provision” effects
When you apply an “amendment to earlier affecting provision” effect, you will need to make amendments to the annotation for the original effect, for example:
Sch. 3 substituted (27.10.2017) by The Public Water Supplies (Scotland) Amendment Regulations 2017 (S.S.I. 2017/281), reg. 1(1), sch. 2 (as amended by The Public and Private Water Supplies (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/321), regs. 1, 3(3)(a)(b))
For more details on carrying out these amendments, see the separate page Amendment to Earlier Affecting Provision. Note that where you are applying “amendment to earlier affecting provision” effects, multiple amending sub-provisions should be simplified, as described here.
You may also see these types of effects recorded in an Appended Commentary, which comes through into the annotation as follows:
S. 10 repealed (1.4.2012) by S.I. 2012/1526, art. 4 (as amended by S.I. 2012/1534, art. 2)
See also the note on full and abbreviated affecting document citations in annotations below.
Knock-on effects
Annotations for knock-on amendments currently get generated by the Editorial System in this format:
Words in Sch. 1 para. 14 cross-heading omitted by virtue of S.I. 2019/519, Sch. para. 17(2A) (as inserted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/836), regs. 1, 2(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Note that the affecting legislation (cited as entered in the type of effect field in TOES) does not receive its full title and does not have a link. The link should be created by using the Edit function in the website preview (you only need to click on Edit and then Update to get the Editorial System to generate the link). The legislation making the amendment that contains the knock-on effect does have its full title and should already be linked.
Beware of bugs in the annotation Edit function, in particular when it generates links for KO annotations.
Note that the IF Date is located in the wrong position:
Words in Sch. 1 para. 14 cross-heading omitted by virtue of S.I. 2019/519, Sch. para. 17(2A) (as inserted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/836), regs. 1, 2(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
The date needs to be moved to look like this:
Words in Sch. 1 para. 14 cross-heading omitted (31.12.2020) by virtue of S.I. 2019/519, Sch. para. 17(2A) (as inserted by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/836), regs. 1, 2(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Knock-on effect that gets amended by an "amendment to earlier affecting provision" effect
The amending provision that contains the knock-on effect is itself amended in this example:
S. 10(1)(2) applied (with modifications) (20.7.2016) by S.I. 1997/2182, reg. 6A(1), Sch. 3 Pt. 1 (as inserted by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 1(h)(j); and as amended (22.2.2020) by The Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020 (S.I. 2020/43), reg. 1(1), Sch. 5 para. 1(2)(a))
Non-textual knock-on effect in a substituted provision where original version of the provision already contains the same non-textual effect
Pt. 1 Ch. 7 applied (with modifications) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 7(3)
https://www.legislation.gov.uk/ukpga/2011/20/part/1/chapter/7/2020-02-14
On 8.5.2020, the affecting provision SI 2020/156, reg. 7 gets substituted, and the substituted version also contains the same non-textual KO effect (although now the effect is in reg. 7(23)). Rather than include a new annotation for this KO effect, the annotations were merged, as follows:
https://www.legislation.gov.uk/ukpga/2011/20/part/1/chapter/7/2020-05-08
Pt. 1 Ch. 7 applied (with modifications) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 7 (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)”
Textual amendments to images
Where you are unable to carry out a textual amendment as normal (for example to a form which is an image), and you need to provide a more explanatory annotation, use the following forms of words and make use of the drafter’s text as appropriate, for example:
Sch. 4 Form MM: in the words before paragraph (1), “section 71” substituted for “under the terms of a deferred payment agreement within the meaning of section 68(2)” (W.) (6.4.2020) by The Care and Support (Charging) (Wales) and Land Registration Rules (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/131), regs. 1(2), 3(b)(iii)
Sch. 4 Note 4: the words “Where the application is an application in respect of which the applicant was required to comply with section 35B” substituted for “Where the development to which the application belongs is a class of development prescribed for the purposes of section 35A(1)” (1.12.2022) by The Town and Country Planning (Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/286), regs. 1(1), reg. 2(3)
Sch. 4 Form Y: the words “(as modified, in the case of a private registered provider of social housing, by section 179 of the Housing and Regeneration Act 2008)” are omitted (6.4.2017) by virtue of The Housing and Planning Act 2016 (Consequential Provisions) (England) Regulations 2017 (S.I. 2017/378), regs. 1(1), 3(4)(b)
Sch. 1 Form CNI: in the seventh option listed in Panel 9 the word “not” is omitted (6.4.2018) by virtue of The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 2 para. 1(2)
Sch. 4 Form KK: the words “of property in Wales” inserted after “lease” (6.4.2017) by The Housing and Planning Act 2016 (Consequential Provisions) (England) Regulations 2017 (S.I. 2017/378), regs. 1(1), 3(5)(a)
Where there is a large chunk of material being inserted, and we can't include it all in the annotation, use a form of words such as:
Sch. Form: in Section 2, several entries inserted after the entry “Their date of birth” (8.1.2003) by The Asylum Support (Amendment) (No. 3) Regulations 2002 (S.I. 2002/3110), reg. 1, Sch. para. 2(a)
See also Images - textual amendments to images.
Amendments to Repealed Provisions
Sometimes an amendment may affect (or purport to affect) a provision that has already been wholly repealed before the amendment comes into force (and therefore 'dotty-lined' on legislation.gov.uk). How this is dealt with will depend on the particular circumstances. In any event, an update editor should only ever decide on the appropriate course of action in consultation with a Review Editor.
Repeal is Unequivocal
If the repeal is unequivocal, without savings, then there is nothing to be amended and the purported amendment can be ignored. Sometimes this may arise if the new amending Act has been drafted before it was known when the repeal would come into force. Or, where the amendment is one of a large number of minor consequential amendments, the researcher in the drafting office may have been relying on out-of-date sources. If in doubt, it's better to assume that there may be savings. You should also consider the possibility that the repealed provision has been re-enacted (see below).
Repeal is with Savings
If the repealing provision was subject to any savings, even very general ones, the drafter may have intended to amend the repealed provision as so saved. This intention may or may not be made explicit in the drafting of the amending provision. In this case, a suitable addition should be made to the existing annotation for the repeal. It is not usually necessary to specify the precise amendment type. For example: "; and s. 1 amended by . . .; or, if it is made explicit in the drafting: "; and s. 1 (as saved) amended by . . .".
S. 54 repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 22, Sch. 6 (with art. 11(2)); and s. 54 (as saved) amended (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 63; S.I. 2005/3175, art. 2(1), Sch. 1
Sch. 2 para. 2 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 86, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(32), 44(4)(o) (with saving in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and Sch. 2 para. 2(2) (in so far as it continues to have effect in relation to persons to whom it applied before 4.4.2005) amended (9.6.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 33(2); S.I. 2008/1466, art. 2(c)(iii)
You should also consider the possibility that the repealed provision has been re-enacted (see below).
Repealed Provision Re-enacted
Where there is a clearly intentional amendment to a repealed provision, it may be that the repealed provision has been re-enacted, and s. 17(2)(a) of the Interpretation Act 1978 (c. 30) applies. This states, among other things, that: "Where an Act repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears, any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted." Both the repeal and the re-enactment will usually have been effected by a consolidation Act, and so you can check in the tables of destinations and derivations that will have been published with that Act. If this proves to be the case, the amendment will need to be carried out in the re-enacted provision rather than the repealed version.
'Repeal' of Repealed Provision
The above principles apply equally where the new affecting provision purports to repeal a provision that has already been repealed. So, if it is quite clear that there is nothing to repeal, the new 'repeal' can be ignored. If the earlier repeal was clearly subject to savings, the addition should read along the lines: "; and s. 1 (as saved) repealed . . .". In the rare case in which there doesn't appear to be anything there to repeal, but the new repeal seems clearly intentional (and not, say, merely consequential, or just 'overtaken' in terms of timing), it is accepted practice to use the formulation: "; and s. 1 expressed to be repealed by . . .".
Amendments to Substituted Provisions where there are Savings
In this example, the substitution of Sch. 1 para. 8(2)(a) has been carried out fully, so the original version of the sub-provision is no longer present, but the original version continues to have effect “in relation to prisoners serving sentences of imprisonment for offences committed before 4.4.2005” and this version gets amended on 14.7.2008. This was annotated as follows:
Sch. 1 para. 8(2)(a)-(ab) substituted for Sch. 1 para. 8(2)(a) (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 85(3)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (with saving in Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and Sch. 1 para. 8(2)(a) (in so far as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4.4.2005) amended (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 32(2)(4); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)
'Awkward' Amendments
"it is provided that"
This formulation is used when we can't be sufficiently sure of the drafter's intention to carry the amendment through into the text. For example, there may be an ambiguity as to the precise location intended, or words referred to as the 'target' in the amending Act do not coincide exactly with the text in the amended Act. Instead of carrying the amendment through in the usual way, we will insert an F-note in the text, either before the number of the relevant provision or sub-provision, or before the probable target text. The relevant text will be enclosed in square brackets, and the drafter's instruction in the amending legislation will be recited in full in the annotation. For example: "S. 47: by the Pets Act 2018, s. 1(1), it is provided that after the word "cats" there shall be inserted the words "or dogs" . . .". Because of the likelihood that there may be a mistake in the amending legislation, this procedure will often be followed up by a lex error notification, and the affected provision may be revisited later when the error has been corrected. An update editor should only ever use this procedure in consultation with a Review Editor.
For example:
[Affected provision]: By [affecting SI and provision], it is provided that ([date]) the words “an order containing (or that is varied so as to contain) a measure of the type mentioned in section 83(2)(g) or 87(2)(e) of the 2011 Act” are substituted for the words “terms of section 70(5)(b) of the 1995 Act"
See: The Looked After Children (Scotland) Regulations 2009 S.S.I. 2009/210 Sch. 4 para. 6.
Amendment can't be carried out because the amended provision does not extend to the extent of the amending provision
See further examples where an Editorial Note was also added to the "it is provided that" annotation, to explain that the amendment couldn't be carried out because the amended provision does not extend to the extent of the amending provision:
https://www.legislation.gov.uk/ukpga/2002/29/section/396E/2023-02-07
https://www.legislation.gov.uk/ukpga/1974/53/schedule/2/paragraph/1/2020-11-30
"by virtue of"
This formulation is used in circumstances where, although there is some awkwardness arising from the wording of the amending provision, we can be sufficiently sure of the intended effect (and that the words do in fact have that intended effect) to carry the amendment through into the text. These effects may be recorded with a "b.v.o." note in the Comments for Editor column in TOES. A typical example might be where the amending section provides that “for the words “sections 1 and 2” there shall be inserted “sections 1, 2 and 2A””. In the context we can be confident that a substitution is intended, and that no other interpretation is feasible. In such a case, the amendment will be dealt with textually in the usual way, except that the expression "by virtue of" will follow the description of the amendment (for example "Words in s. 2(1) substituted (date) by virtue of . . .").
An update editor should only ever use this procedure in consultation with a Review Editor.
Full and abbreviated citations of affecting documents in annotations
In annotations that are generated by the Editorial System, affecting documents will usually be cited by their full title except where they are cited in an appended or suggested commentary (where they will have been entered in accordance with the TOES guidance), or where they are included as a knock-on (where the legislation citation comes from the type of effect field in TOES).
This means that if you are adding several “amendment to earlier provision” effects to an annotation, the annotation can become very long-winded, so it is advisable to abbreviate the affecting document citations as described here.
If you see a mixture of full and abbreviated titles in the annotations for a provision, you should make the annotation citations consistent within that provision.
How to prevent amendments to annotations “trickling” back into the previous PiT
To prevent amendments to annotations from appearing in the annotation at the previous PiT, you need to:
1. Generate a new annotation for the amendment at the current PiT (selecting the relevant task in the Task Manager), merge the details from the existing annotation into this new annotation and amend the text as appropriate.
2. Copy the key-ID of this newly generated annotation and paste it into the CommentaryRef attribute for the annotation reference in the Attribute Inspector (see more detailed instructions here).
3. Check the provision back in.
4. Preview the provision to check that the annotation wording is correct. The existing annotation should have been automatically removed because you changed the CommentaryRef attribute in the annotation reference for the amendment, but if it hasn't you will need remove it when you check the provision out again in step 5.
5. To enable the hyperlinks, you will need to check the provision back out again and copy the plain text from your preview and paste it over the existing annotation text and then check it back in again. The system will then add in all the links, which you can check in preview.
Scenarios
Amendment is to a sub-provision which is not present because it was added by a non-textual modification
S. 27 (as modified by S.I. 2015/305, reg. 11) restricted (temp.) (31.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 12 para. 11 (with ss. 88-90, Sch. 12 paras. 16, 17); S.I. 2020/388, reg. 2
Note: amendment is to s. 27(1)(4)(4A)(5), but the sub-provisions are not included in annotation as s. 27(4A) is not present as it was added by a non-textual modification by S.I. 2015/305.
'Hidden' Repeal
https://www.legislation.gov.uk/uksi/2009/716/schedule/2
Sch. 2 revoked by virtue of the revocation of regs. 2, 8, 10 (1.6.2018) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 36(b)(d) (with regs. 3(5), 31)
Non-textual effects
Applied in part
S. 96 applied in part (30.1.2023) by The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2023 (S.R. 2023/7), regs. 1, 34(3)
https://www.legislation.gov.uk/ukpga/2021/1/section/96
Construed as one with
Pt. 4: 2019 c. 1, s. 48 construed as one with this Part (with effect in accordance with s. 48(12) of the amending Act) by Finance Act 2019 (c. 1), s. 48(11)
https://www.legislation.gov.uk/ukpga/1986/41/part/IV
Functions made exercisable
5(1): functions made exercisable as specified (24.3.2009) by The Contracting Out (Highway Functions) Order 2009 (S.I. 2009/721), arts. 1, 3, Sch. 3 para. 8
Power to amend or modify conferred
Regulations: power to amend or modify conferred (9.1.2022) by Environment Act 2021 (c. 30), ss. 90, 147(2)(m) (with s. 144)
https://www.legislation.gov.uk/uksi/2017/407/introduction/2022-02-28
| Look out for an Editorial System bug whereby the incorrect type of legislation is referenced as the affected provision in the annotation (e.g. for secondary legislation, ‘Instrument’ should be amended as appropriate to ‘Order’, ‘Rules’ or ‘Regulations’ (See Citing Provisions in Secondary Legislation).
Note: for an Act of Adjournal, Act of Sederunt or Archbishops’ Instrument, the word ‘Instrument’ is correct and does not need to be changed. |
Related Pages
Approach, errors and troubleshooting: