SIs and SSIs often include references to other laws and regulations (such as Acts, other SIs or EU legislation). These references are often accompanied by a footnote which provides the citation of the reference and its legislative history, showing how the referenced provision has been amended by other legislation over time.
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This feature uses data from http://legislation.gov.uk to generate footnotes that contain the citation of the external reference and summarised amendment history of the referenced provision.
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The automatic generation of citation footnotes is still in beta as there are a number of edge cases that that may need further refinement in future. Subsequent versions of Lawmaker will update this feature and make it more robust. |
How to generate a citation footnote
Prior to Before you can insert a citation footnote after a reference, you need to tag the external reference (see https://lawmaker.atlassian.net/wiki/spaces/USERMANUAL/pages/500203522/References#How-to-%E2%80%9Ctag%E2%80%9D-references) so Lawmaker can identify the relevant provision on legislation.gov.uk.
Then, you can trigger the generation of a citation footnote in a number of ways:
Click on the tagged reference and then select Tools menu>Insert citation footnote,
Right-click on the tagged reference in the Editor and select Insert citation footnote, or
Click on the tagged reference and use the keyboard shortcut Alt+Shift+f
Lawmaker will extract the amendment information from http://legislation.gov.uk textual amendments and generate the citation footnote.
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Currently, it is only possible to generate one citation footnote at the a time.
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Once a footnote is generated you can edit it, for example to delete or summarise parts that are not relevant.
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All the references generated within the citation footnote are links tagged and link to http://legislation.gov.uk. You can open view the links provision referred to by double-clicking on the tagged reference and selecting the ‘Goto ref’ button Goto ref on the floating reference toolbar. The page will open in a new tab. |
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Structure of the citation footnote
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A citation footnote generated by Lawmaker will always contain begin with the citation of the external reference.
The amending history information will only be provided if the external reference is a specific provision reference (section, regulation, article, rule or lower) such as "section 9 of the Companies Act 2006", and only if such information is available on legislation.gov.uk.
In this case the footnote will contain both citation and amending history information, and the legislative document, e.g. the SI year and number.
The structure of the footnote will be the following: citation+amended provision+amending history information
For instance: 2016 asp 22. Section 1 was amended by paragraph 11(2) of the Schedule to the Domestic Abuse (Scotland) Act 2018 (asp 5).
2016 asp 22 is the citation of the external reference,
Section 1 is the amended provisionprovision referred to which has been amended at some point,
paragraph 11(2) of the Schedule to the Domestic Abuse (Scotland) Act 2018 (asp 5 is the amendment history information relating to that provision.
The output of the citation footnote therefore will depend on the external type of reference type, as shown in the summary table below
External reference Reference type | Example of external reference | Citation footnote output | Example of citation footnote output |
Document reference | Companies Act 2006 | Citation only | 2006 c. 46. |
‘Grouping’ reference Reference to a grouping level (e.g. to a Part, Chapter, Schedule, etc.) | Part 1 of the Companies Act 2006 | Citation only | 2006 c. 46. |
Specific Reference to a specific provision reference (e.g. to a section, regulation, article, or rule or lower) | section 9 of the Companies Act 2006 | Citation and amending history (when available) | 2006 c. 46. Section 9 was amended by section 3(2)(a) and (b), 72(2), 29(2), 2(b) and (a) and 28(2) of the Economic Crime and Corporate Transparency Act 2023 and section 2023 (c. 56) and section 93(3) and (2)(a) and (b) of, and paragraph 4 of Schedule 3 to, the Small Business, Enterprise and Employment Act 2015 (c. 26). |
Citation
Amended provision
When the external reference mentions a high-level provision, such as "section" or "regulation," the corresponding amended provision in the citation footnote will remain unchanged and match the high-level reference.
For instance, if the external reference is ‘section 9 of the Companies Act 2006’, the citation footnote will present the amended provision as “section 9” (“2006 c. 46. Section 9 was amended by…)
On the other hand, if the external reference is more specific and provides exact subsections, paragraphs, or other granular details, the amended provision in the citation footnote will be generalised to the corresponding high-level provision.
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The order of the amending provisions in a generated citation footnote may not always be correct. For instance "2007 asp 4. Section 119 was amended by paragraph 17(13)(c), (a)(i) and (ii) and (b) of Schedule 1 and 2 to S.S.I. 2013/211”. This is because Lawmaker uses the order of the provisions from the XML available on http://legislation.gov.uk , which sometimes is not sorted correctly. Future releases of Lawmaker will aim to improve this functionality. |
Which amendments are included in the footnote?
Lawmaker will include all amendments made to the section, regulation, rule etc. even if the reference is to a sub-provision within that section etc.
For example, if the external reference is "section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016" the citation footnote will present the amended provision as "amendment history information for section 1 " (“2016 asp 22. Section 1 was amended by paragraph 11(2) of the Schedule to the Domestic Abuse (Scotland) Act 2018”)
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2018 (asp 5)”.
How is the amending history generated?
The amending history information is extracted from the textual amendment information (also known as ‘F-notes' or 'footnotes’) available on revised versions of Acts and SIs on legislation.gov.uk .
Revised versions of legislation on http://legislation.gov.uk are versions of legislation that include amendments made by subsequent legislation. The term "revised" refers to the editorial process of incorporating amendments and other effects into legislation - the editorial team at The National Archives maintains these revised versions of legislation.
Here is an example of how a textual amendment footnote appears on a revised version on the website:
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When generating a citation footnote, Lawmaker will:
request the XML of the provision referred to from the revised version available on legislation.gov.uk
extract all textual amendments from the XML
convert each textual amendment into an amending statement which will be appended to the citation.
Note: Lawmaker requires that the data provided by legislation.gov.uk follows a certain structure and format, which isn’t always the case. When the data deviates from the expected format, Lawmaker will consider it as unintelligible and will not be able to extract the information.
In this case, it will provide the following message in brackets within the citation footnote “(<Amended provision> has amendments that couldn't be processed when generating this footnote)”.
This means that textual amendments were found on legislation.gov.uk but it was not possible to process them and insert them into the citation footnote.
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Why is there no amending history in the generated citation footnote?
The amending history information for a reference will be blank in any of the following cases:
Whole Document or Higher-Level Group Reference: if the reference you are adding the footnote to refers to a whole document or a higher level group (e.g. a Part or a Chapter), the amending history will not be included. For example, "the Education (Student Support) Regulations 2011" or "Part 1 of the Companies Act 2006" will not have amending history.
If the reference is to a lower level provision - if it refers to a section, regulation, article, rule, etc. (e.g. "section 9 of the Companies Act 2006") - then the amending history will be included.No Revised Version Available: if the referenced document does not have a 'revised version' available on http://legislation.gov.uk, the amending history will not be included.
Lawmaker extracts the amending history information from the textual amendment footnotes available on these revised versions (see https://lawmaker.atlassian.net/wiki/spaces/USERMANUAL/pages/521404417/Citation+footnotes+legislative+history+footnote#How-is-the-amending-history-generated%3F ).Unprocessable Textual Amendments: if the textual amendments are in a format that Lawmaker cannot extract. Lawmaker requires the amendments to be structured in a specific format to process them (see https://lawmaker.atlassian.net/wiki/spaces/USERMANUAL/pages/521404417/Citation+footnotes+legislative+history+footnote#How-is-the-amending-history-generated%3F)
If any of these conditions are not met, the footnote will only contain the citation without the amending history.
"Cannot generate citation footnote” message
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This feature relies on the data from http://legislation.gov.uk to generate footnotes. Sometimes, http://legislation.gov.uk might be unresponsive (e.g. server error due to server errors or other issues ) and therefore Lawmaker might will not be able to retrieve the needed necessary information.
In this casehappens, when you try to add a citation footnote, you will see the error message “Cannot generate citation footnote. Unable to retrieve data from http://legislation.gov.uk ” will be displayed and no citation footnote will be inserted in the Editor.
These issues with legislation.gov.uk are often temporary, so you should try to generate the citation footnote again after a short time. If the problem persists then contact Lawmaker support.