How we describe effects on legislation

This topic sets out the main conventions that determine how we describe the effects that one piece of legislation may have on another.

Our aim is always to give effect as accurately as we can to the plain words of the legislation with a minimum of interpretation. We will, therefore, wherever possible use the wording of the legislation itself. As a simple example, if the legislation provides that a new sub-section (1A) is to be “inserted” into section 12, the annotation will follow that wording, e.g. “S. 12(1A) inserted ...”.

Often, however, especially where the effect is one that does not alter the text, we have to make a decision as to what kind of effect is intended based on our reading of the legislation. For example, it may be provided that:

“... section 259 of that Act shall have effect in relation to any inspector ... with the omission of paragraphs (f) to (h) of subsection (2) of that section.”

It is clearly intended here that the effect of section 259 should be changed in certain circumstances (in relation to “any inspector”). But, since the change doesn’t apply to all persons, we cannot interpret this as authority to change the text. We would say, in this case, that section 259 is being ‘modified’.

There are three main types of amendments to text and a much wider category of types of effect that do not alter the text, both of which are described below.

Amendments to text

The three main types of amendments to text are these:

Amendment	Description
insertions	Where new text is inserted into existing text. If the new text is to be placed at the end of the existing text, the term ‘added’ may be used instead.
substitutions	Where existing text is replaced by new text.
repeals	Where existing text ceases to have effect and may also be removed from the legislation. Repeals may also relate to a whole Act. The amending legislation may alternatively (or, in many cases, additionally) specify that words or provisions ‘shall be omitted’ or ‘shall cease to have effect’. (Where this last expression only is used, we do not treat this as authority to remove the text.)

Effects that do not change the text

The ways in which a provision may be affected, apart from the straightforward amendments to text mentioned above, are almost infinitely varied and may be quite complex. The words used in annotations to denote such effects can do no more than give an indication of their general nature. The user is in all cases advised to consult the affecting legislation itself to discover the precise nature of the effect.

These effects may be described in annotations on SLD in many different ways, depending on the circumstances. Below are listed just a few of the more common conventional terms that you may find.

Effect	Description
amended	This has been used in the past to indicate any effect that changes the meaning of the specified legislation for all purposes, even if there is no authority to alter the text. In current practice, the term ‘modified’ is preferred.
applied	Used where provisions of existing legislation are applied to new legislation or to some set of circumstances specified in the applying legislation. The expression ‘applied (with modifications)’ is used where the applied provisions are also modified to fit the new legislation or new circumstances.
excluded	Used where it is provided that the affected provisions are not to apply to the affecting legislation or to some specified set of circumstances.
extended	Used for the extension of existing provisions to persons, things or other circumstances not previously included. It is commonly used where a provision is extended to a new jurisdiction. The expression ‘extended (with modifications)’ is used where the extended provisions are also modified to fit the new circumstances.
functions transferred	Used where functions under a provision formerly vested in one party are transferred to another.
modified	Used for any situation in which the meaning or operation of a provision is altered without changing the text. (But note that, in the text of legislation, the term ‘modified’ may be used much more loosely to mean any kind of change, including amendments to text).
referred to	Widely used in annotations to the primary legislation of Northern Ireland, but rarely elsewhere on SLD, it may denote any reference to legislation.
restricted	Used to indicate that the application of the affected provision is being limited or reduced (as opposed to being completely excluded).

Northern Ireland Variations

The conventions described above do not apply in full to annotations in Northern Ireland revised legislation inserted before 2006. Where the text is amended, the nature of the amendment is not usually mentioned, except in the case of repeals (when the abbreviation ‘rep.’ is used). Only a limited range of modifications etc. (not altering the text) will be found, many of these being noted simply as ‘referred to’.