Editorial Update/Textual Amendments/Insertions/Higher Level Insertions

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OVERVIEW

Related reading: Approach to Update - Some Basic Rules and Exceptions, Specific Update Issues

Insertion of a cross-heading and child provision(s)

See the insertion of s. 16E and cross-heading in 2004 c. 31:

https://www.legislation.gov.uk/ukpga/2004/31/part/2/crossheading/safeguarding-partners-for-local-authority-areas/2018-06-29

https://www.legislation.gov.uk/ukpga/2004/31/section/16E/2018-06-29

See further Scenarios below.

IN MORE DETAIL

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

Important considerations

Before you commit yourself to carrying out your amendment, make sure that you have considered all the factors that will influence how you carry it out.

The effects spreadsheet that you download at the start of the update task contains all the information that was recorded for the effect you are applying. You should check the TOES data for your amendment before you start. In particular, check the Comments for Editor to see if there is anything unusual about the effect that you need to be aware of, or if the amendment text contains power. Also look at the commencement details of the affecting document and look at the affecting provision itself.

Questions to consider:

Is the effect wholly in force or partially in force? Is it whole or limited extent? Has your affecting provision itself been amended by an amendment to earlier affecting provision effect? Is there an appended commentary for the effect? Is your effect a knock-on effect? Does your inserted text contain power? Are there any savings or transitional provisions?

The answers to these questions will inform how you carry out the amendment, whether you need to amend any of the attributes of the provision you are amending, also what the annotation that the Editorial System generates will look like and whether there are any amendments you might need to make to this annotation.

Use the Update Editor Checklist to make sure that you have researched everything you need to before you carry out your amendment and refer back to it throughout the task, particularly when you check the amendment in XMetaL and preview your amendment.

The following pages also give useful guidance that will help if you are not sure how carry out your amendment:

Limited extent amendments

The Editorial System flags possible limited extent amendments with the following message:

Limited extent warning message 2.png

The extent of the affected and affecting provision is highlighted in red. You can also view the extent/TA in the effects spreadsheet that can be downloaded from the Starting Update Page.

To decide whether or not you need to carry out your amendment using the limited extent amendment option in XMetaL, follow the decision-making process described in the Decision tree for deciding what is a limited extent amendment on the Limited Extent Amendments page. There is also some specific information about how to deal with a limited extent insertion of a higher level provision (e.g. a heading and range of provisions, or a Chapter, Part or Schedule) on the Limited Extent page.

You may find that your amendment has already been carried out as a limited extent amendment for another jurisdiction, in which case you will need to follow the guidance on Updating an existing limited extent amendment when an identical amendment is applied for another jurisdiction.

If, after making all the considerations outlined above, you decide that the amendment is indeed a limited extent amendment, follow the method outlined below to carry out the insertion.

Partially in force amendments

Amendments are not always brought wholly into force at once, frequently they are brought into force gradually over two or more points in time (PiTs). This is described in more detail in the section on Partially in force amendments on the Applying partially in force amendments which are then brought further into force over time page.

If an insertion has been brought into force for specified purposes only, the commencement detail “for specified purposes” will get added after the in force date when the annotation is generated. The insertion of a provision(s) is carried out in the same way as a wholly in force insertion.

To read more about how partially in force amendments get brought further into force over time, see What happens when an amendment comes further, or fully into force?.

Update process

In these instructions, the update process has been broken down into four steps, Steps 1-3 are carried out in XMetaL and Step 4 on the Editorial site after check-in. Step 2 is divided into whole extent (wholly in force or partially in force) and limited extent. The checks made in Steps 3 and 4 are the same, whichever route you take to get there.

Carrying out and checking the amendment in XMetaL: 

Step One - preparing to carry out the amendment in XMetaL

Step Two - selecting the correct XMetaL Legislation menu option to carry out the amendment

Step Three - checking the amendment in XMetaL

Checking the amendment in the Editorial System: 

Step Four - preview the amendment from the Update Details page

Things to remember

The Specific Update Issues guidance includes some general Editorial Update reminders to be aware of before you carry out your amendment. Also included is information on how amendments are presented. Note, in particular that there may be tagging that may need to be removed from amendment text, to prevent formatting errors.

See also the advice on how to approach more unusual types of amendment, and Approach to Update - Some Basic Rules and Exceptions.


Beware of start date issue when inserting a parent and children into a high level grandparent fragment
WARNING: There is currently an issue with inserting a parent and children into a high level grandparent fragment. The start date is not getting properly added to the inserted parent and then on check in it’s not calculating the empty child start dates correctly because of that. The workaround is either:

1. Ensure the high level grandparent you check out to do your insertion has had its timeline resolved beforehand to add the current PiT or ensure that start date is added after check out (if the grandparent has the wrong date that’s part of the problem); or

2. Make sure the inserted parent has the correct RestrictStartDate before check in; that should then ensure the system calculates the child start dates properly.

Carrying out the amendment in XMetaL

Follow these instructions to carry out the insertion of a whole provision, Chapter, Part or Schedule. The instructions assume that you have checked out the relevant parent level or framework, 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.

Note:if you are inserting a new Schedule, and there are no existing Schedules in the document, you need to insert a ukl:Schedules element after the ukl:Body element of the Main Body before you can insert the new Schedule. For an example of this, see https://www.legislation.gov.uk/uksi/2020/828/schedule/2020-08-15.
Step One


  1. In the amending provision window:

    • Read what the amendment is and where in the amended provision it is to be made.

    • In the amending provision highlight and copy the provision that you need to insert by selecting the appropriate opening tag:
      • ukl:P1 (select from ukl:P1group if the provision has a title) for a provision
      • ukl:Part for a Part
      • ukl:Chapter for a Chapter
      • ukl:Schedule for a Schedule

    You can also select the BlockAmendment tag to select the whole block of data to be inserted. You can right-click and copy or use the standard 'edit' and 'copy' menu options from the menu bar, e.g.

    Insertion of Part amending provision.png

  2. In the amended provision, scroll to find the provision that the new provision will follow and place the cursor at the end of that provision (i.e. after the closing /ukl:P1group, /ukl:Part, /ukl:Chapter, or /ukl:Schedule tag) and before the opening tags of the next provision. If in doubt you can use the Element list to check which tags are valid where your cursor is currently positioned. For example, the cursor is positioned between the closing /ukl:Part tag of Part 8 and the opening ukl:Part tag of Part 9 when Part 8A is to be inserted:


    3. Insertion of Part amended provision.png

  3. Single click on the task to highlight it in the Resource Manager window.


    4. Insertion of Part RM.png

  4. Your next action will be determined by whether the amendment covers the whole extent or is for a limited extent.
Whole extent - wholly or partially in force
Step Two

On the menu bar at the top of the page select Legislation - Textual Amendments - Addition.

Insertion of Part menu whole extent.png

This will:

  • Automatically insert the new provision/Part/Chapter/Schedule, etc. bracketed by opening <addition> and closing </addition> 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.



After the amendment has been made, the cursor will be situated at the point the automatic annotation was inserted in the amended provision window:

Insertion of Part XMetaL view after amendment.png

Limited extent - wholly in force
Step Two

On the menu bar at the top of the page select Legislation - Textual Amendments - Limited Extent Addition. In the pop-up 'XMetaL Author Essential', check the Extent entered is correct and click OK; this will:

  • Automatically insert the new provision/Part/Chapter/Schedule, etc. bracketed by opening <addition> and closing </addition> 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.

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 (Step Three), followed by the final task of previewing the amendment from the Update Details page (Step Four).

Check the amendment in XMetaL

Step Three


  1. Whilst still in XMetaL, you need to check that the amendment has been carried out correctly and that the annotation is accurate and complete by carrying out all the checks detailed in the Update Editor Checklist.


    2. Don’t forget to make sure that you remove any tagging that is not required in the amendment text (such as drafter’s footnotes, non breaking space characters, internal links and correction slip tagging) and that you have have set the ConfersPower attribute to “true” for any power-conferring provisions.

    Also check that the extent of your inserted provision is correct. If the RestrictExtent attribute is blank, the provision will inherit the extent of the parent into which it has been inserted so you need to check that this is correct. See more on the RestrictExtent attribute.

  2. 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


  3. Click OK in the pop-up Document is checked in successfully.png

  4. Close the amending provision window and if you have more update to do, leave XMetaL open and go back to the Editorial Site.

Preview the amendment from the Update Details page

Step Four
  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. If there was anything unusual about the amendment that you need to draw to the attention of the review editor, you can add a note by clicking on the note icon to the right of the edit status.

  3. View your amendment using the Preview Legislation button to see a website Preview of the provision.


  4. Carry out all the checks detailed in the Update Editor Checklist, to make sure that the amendment is accurate and complete.


  5. If you need to make any corrections to the amendment, check the provision back out and make any changes as necessary in XMetaL before checking the provision back in and previewing the provision again. Note that if you only need to correct an annotation, you can click on the Edit button to the right of the annotation in Preview to edit it without having to check the provision out again in XMetaL, but beware of the bugs you may encounter when using the annotation Edit function in preview.

  6. Once you have finished checking the amendment on the Editorial Site, the update task will be complete and you can move on to your next update task.


Video Instructions: Insertion of a section (wholly in force and whole extent)

SCENARIOS

Also see Specific Update Issues.

Inserting a new high level heading or cross-heading

Cross-headings are tagged in ukl:Title tags at the top of ukl:Pblock tagging, for example:

Cross-heading tagging.png

When a new cross-heading is inserted and adopts existing child provision(s) from an existing cross-heading, you need to insert new ukl:Pblock tagging after the existing ukl:Pblock tagging and then move the relevant adopted child provision(s) into the new ukl:Pblock. The same principle applies to other headings (Parts, Chapters, etc).

The ukl:Pblock id attribute will automatically be inserted on check-in. It is a good idea to compare the id attribute of the new ukl:Pblock with the id attribute of an adjacent cross-heading to make sure that the id attribute of the new ukl:Pblock is correct, and that it contains all the information about where the cross-heading is located (including Part details if relevant), as the URI will be based on this ID:

Cross-heading attributes.png


See this example in 1990 c. 8, where a new cross-heading is inserted on 26/12/2023 that adopts existing ss. 94-96:

https://www.legislation.gov.uk/ukpga/1990/8/part/III/crossheading/termination-of-planning-permission-wales/2023-12-26


See also this example in 2000 c. 8, where s. 300H was adopted by a new cross-heading on 1/1/2024, when ss. 300G, 300F and a cross-heading were inserted above it:

https://www.legislation.gov.uk/ukpga/2000/8/chapter/I/crossheading/general-rulemaking-powers/2024-01-01

Inserting a range of paragraphs including cross-headings into a Schedule

Amendments to insert a range of paragraphs into a Schedule may also include cross-headings, see for example, the insertion of paras. 9A-9D into Sch. 1 of The Education (Postgraduate Master's Degree Loans) (Wales) Regulations 2017, where some of the paragraphs included cross-headings:

https://www.legislation.gov.uk/wsi/2017/523/schedule/1/part/2/2021-04-25

When previewed, the entire inserted range is surrounded by one set of brackets and each inserted paragraph has its own annotation for the insertion.

Was the parent originally prospective at RA/made date and is it yet to be brought wholly into force?

Whole provisions inserted into Parts/Chapters/Schedules that were originally prospective and have yet to be brought wholly into force should also be treated as prospective, unless the inserted provisions are specifically commenced by means of an amendment made simultaneously to the governing commencement provision.

If the updates you are applying are to a parent level that has not yet been brought into force—and therefore still showing as prospective—then any whole provisions that are being inserted into it before the in force date should also be prospective. They will come into force later, should the Department wish to do so, by means of a commencement order—at which point the parent too will get a start date.

After carrying out the insertion, you will need to use the Attribute Inspector to edit the element attributes of the newly inserted provision to match the attributes of the parent level, otherwise you will get errors that will prevent you from checking the document back in, as the attributes of the new material (which is not prospective) will clash with the attributes of the existing material (which is prospective).

Edit the attributes of the newly inserted provision to match those of the surrounding material:

• Delete the value in ‘RestrictStartDate’ so that this field is blank

• Set ‘Match’ to ‘false'

• Set ‘Status’ to ‘Prospective’

Inserting a prosp provision.png

Whilst you are editing the attributes also remember to check and amend the ‘RestrictExtent’ attribute and also set the ‘ConfersPower’ attribute, if you need to.

You also need to add a note for the Review Editor to do a TOES correction to add a coming into force effect so that an I-note will be generated for this new provision when it comes into force.

Example: 2017 c. 17, Sch. 22

Sch. 22 was prospective at Royal Assent, except for Pt. 6 which came into force on IP comp day:

https://www.legislation.gov.uk/ukpga/2020/17/schedule/22/part/6

Pt. 5 was therefore prospective at Royal Assent and is still prospective for the most part, except that so far Commencement Orders have brought into force paras. 24, 81-83:

https://www.legislation.gov.uk/ukpga/2020/17/schedule/22/paragraph/24/2022-05-02 https://www.legislation.gov.uk/ukpga/2020/17/schedule/22/part/5/crossheading/minimum-sentences-firearms-and-corrosive-substances

Because of that, the Pt. 5 level (and the Sch. 22 level) correctly has start dates on the timeline: for the first commenced para. 24 and then one PiT for each subsequent amendment to it (because that’s how the editorial tool works), even though most of these either hit prospective provisions (and don’t create a new dated version) or insert new paragraphs into the prospective schedule that will need to be commenced later under s. 417:

https://www.legislation.gov.uk/ukpga/2020/17/schedule/22

https://www.legislation.gov.uk/ukpga/2020/17/schedule/22/part/5

https://www.legislation.gov.uk/ukpga/2020/17/section/417

Unless the drafters amend s. 417 at the same time as they insert a new paragraph in Sch. 22 to say that the new paragraph is also in force on the date of its insertion, then that new paragraph should be prospective and only get a start date by virtue of a subsequent Commencement Order.


Inserting a provision into a parent level that is not yet in force - removing an unnecessary PiT

If you are inserting a new whole provision into a parent level that is prospective (i.e. not yet in force), and the editorial system has inserted a PiT for the start date of the newly inserted whole provision, you can remove it using the timeline resolver. If that doesn’t work, check the provision out in XMetaL, remove the start date and set the status to prospective in the attributes (as described above).

Insertion of a provision that was previously repealed

This scenario is described here: Specific Update Issues - Inserting a provision or sub-provision that was previously repealed.

Revival of a previously repealed/revoked provision

This scenario is described here: Specific Update Issues - Revival of a previously repealed/revoked provision.

Multiple insertions of provisions with the same number

This scenario is described here Specific Update Issues - Multiple insertions of provisions with the same number.

RELATED PAGES

Editorial Update approach, specific issues and troubleshooting:

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