Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024
In this Act—
“new performers’ right” means a right under Part 2 of the Copyright, Designs and Patents Act 1988 arising as a result of the amendment made by subsection (2).
“Regulation 668/2014” means Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.
“the UK Accession Protocol” means the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
The Secretary of State may by regulations made by statutory instrument amend subordinate legislation in order to implement Article 8.6 of the CPTPP (no less favourable treatment of conformity assessment bodies located in territories of other CPTPP parties etc).
Regulations under this section may include consequential, supplementary, incidental, transitional or saving provision.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
The Public Contracts Regulations 2015 (S.I. 2015/102) are amended as follows.
Regulation 9 (public contracts awarded, and design contests organised, pursuant to international rules) is amended as follows. In paragraph (1)— For paragraph (2) substitute— Omit paragraph (3). In paragraph (4), omit “paragraphs (1) to (3) of”. At the end insert—
In regulation 50 (contract award notices), in paragraph (2)(a), after paragraph (ii) insert—.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
“Article 8.6 of the CPTPP” means Article 8.6 of the Trans-Pacific Partnership Agreement, signed at Auckland on 4 February 2016, as incorporated, by reference, into and made part of the CPTPP by Article 1 of the CPTPP;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
The Procurement Act 2023 is amended as set out in subsections (2) and (3).
In Schedule 2 (exempted contracts), for paragraph 24 substitute—
In Schedule 9 (treaty state suppliers (specified international agreements)), at the end insert—
In the Schedule—
Part 1 makes amendments to procurement regulations for England and Wales and Northern Ireland (which are revoked by the Procurement Act 2023, subject to savings made by regulations under that Act);
Part 2 makes amendments to procurement regulations for Scotland;
Part 3 makes transitional provision in relation to the amendments made by Parts 1 and 2.
Regulation 1151/2012 is amended as set out in subsections (2) to (4).
In Article 3 (definitions), in point (13a), at the end insert ", and a trade mark has been ‘applied for’, or an application for registration of a trade mark is ‘pending’, where an application to register a trade mark has been submitted and:".
within the territory of the United Kingdom."
In Article 54 (cancellation), after paragraph (1) insert—
In Regulation 664/2014, in Article 7(1) (cancellation), for the words from “as” to “54(1)”, substitute “under Article 54(1) or (1A)”.
Regulation 668/2014 is amended as set out in subsections (7) to (9).
In Article 11(1) (cancellation), after “54(1)” insert “or (1A)”.
In Annex 3 (reasoned statement of opposition), in section 4 (reason for the opposition), omit “existing”.
In Annex 9 (cancellation request)—
in the words before section 1, after “54(1)” insert “or (1A)”;
in section 4, after “54(1)” insert “or (1A)”;
☐ In accordance with Article 54(1A) of Regulation (EU) No 1151/2012 ☐ point (a) [Provide the detailed reasons and, where appropriate, evidence for the cancellation of the registration of the name in accordance with point (a) of Article 54(1A).] ☐ point (b) [Provide the detailed reasons and, where appropriate, evidence for the cancellation of the registration of the name in accordance with point (b) of Article 54(1A).]
The amendments made by subsections (3) and (8) apply only in relation to—
an application for the protection of a DO or GI that is submitted on or after the day on which those amendments come into force (and for date of submission of such an application, see Article 6(3) of Regulation 668/2014), or
a name-change application relating to the protected DO or GI that is submitted on or after that day (and for date of submission of such an application, see Article 10(4) of Regulation 668/2014).
As regards the amendments made by subsections (4), (5), (7) and (9)—
the Secretary of State may decide to cancel the registration of a protected DO or a protected GI under Article 54(1A)(a) (cancellation on ground that generic name should not have been registered) whether the application for protection of the DO or GI was submitted before or after those amendments came into force;
the Secretary of State may decide to cancel the registration of a protected DO or a protected GI under Article 54(1A)(b) (cancellation on ground of conflict with trade mark) only in a case where—
the application for protection of the DO or GI was submitted on or after the day on which those amendments came into force (and for date of submission of such an application, see Article 6(3) of Regulation 668/2014), or
a name-change application relating to the protected DO or GI was submitted on or after that day (and for date of submission of such an application, see Article 10(4) of Regulation 668/2014).
In this section—
“commencement date” means the date on which subsection (2) comes into force;
“GI” means a geographical indication for the purposes of Regulation 1151/2012 (see Article 5(2) of that Regulation);
“name-change application” means an application for approval of an amendment to a product specification under Article 53 of Regulation 1151/2012 which involves a change to the protected name;
“commencement date” means the date on which subsection (2) comes into force;
“new performers’ right” means a right under Part 2 of the Copyright, Designs and Patents Act 1988 arising as a result of the amendment made by subsection (2).
“Regulation 1151/2012” means Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs;
“Regulation 668/2014” means Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs.
Part 2 of the Copyright, Designs and Patents Act 1988 (rights in performances) is amended as set out in subsections (2) and (3).
For section 181 (qualifying performances) substitute—
In section 206 (qualifying countries, individuals and persons), in subsection (4), before paragraph (a) insert—.
The amendment made by subsection (2) has effect in relation to performances taking place before, on or after the commencement date.
But an act done— is not to be regarded as infringing or affecting any new performers’ right, except as provided in subsection (6).
before the commencement date, or
on or after that date, but in pursuance of arrangements made before that date,
Subsection (5)(b) does not apply where—
the arrangements in question are an agreement that purports to exclude or restrict the right or to prevent a person from questioning such a right or to restrict the powers of the Copyright Tribunal in relation to such a right, and
as a result of the application of Part 2 of the Copyright, Designs and Patents Act 1988 in relation to the agreement, the exclusion, restriction or prevention is of no effect.
The amendment made by subsection (3) has the effect of enabling an Order in Council under section 206(4)(za) of the Copyright, Designs and Patents Act 1988 to make provision that has effect in relation to performances taking place before, on or after—
the date on which the Order comes into force, or
the commencement date.
In this section—
This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.
Section 3(4)(a) and Part 1 of the Schedule (amendments to procurement regulations for England and Wales and Northern Ireland) extend to England and Wales and Northern Ireland only.
Section 3(4)(b) and Part 2 of the Schedule (amendments to procurement regulations for Scotland) extend to Scotland only.
This Act comes into force on the day on which the CPTPP enters into force for the United Kingdom (on which, see Article 21 of the UK Accession Protocol), subject as follows.
The following sections come into force on the day on which this Act is passed—
section 1 (meaning of “the CPTPP”);
section 2 (treatment of conformity assessment bodies etc);
section 5(3) and (7) (amendment of section 206(4) of the Copyright, Designs and Patents Act 1988), and section 5(1) so far as it relates to section 5(3);
section 6 (extent);
this section;
section 8 (short title).
Section 3(2) (and section 3(1) so far as it relates to that provision) comes into force at the same time as Schedule 2 to the Procurement Act 2023 comes into force.
Section 3(3) (and section 3(1) so far as it relates to that provision) comes into force at the same time as Schedule 9 to the Procurement Act 2023 comes into force.
This Act may be cited as the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
Section 3(4)
The Concession Contracts Regulations 2016 (S.I. 2016/273) are amended as follows.
Regulation 10 (general exclusions) is amended as follows. In paragraph (5)— For paragraph (6) substitute— Omit paragraph (7). In paragraph (8), for “(7)” substitute “(6A)”. After paragraph (8) insert—
Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
The Utilities Contracts Regulations 2016 (S.I. 2016/274) are amended as follows.
Regulation 20 (contracts awarded and design contests organised pursuant to international rules) is amended as follows. In paragraph (1)— For paragraph (2) substitute— Omit paragraph (3). In paragraph (4), omit “paragraphs (1) to (3) of”. At the end insert—
In regulation 70 (contract award notices), in paragraph (2)(a), after paragraph (iii) insert—.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446) are amended as follows.
Regulation 10 (exclusions: public contracts awarded, and design contests organised, pursuant to international rules) is amended as follows. In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it). For paragraph (2) substitute— At the end insert—
In regulation 51 (contract award notices), in paragraph (2)(a), after paragraph (ii) insert—.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
“the UK Accession Protocol” means the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49) are amended as follows.
Regulation 19 (exclusion: contracts awarded and design contests organised pursuant to international rules) is amended as follows. In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it). For paragraph (2) substitute— At the end insert—
In regulation 68 (contract award notices), in paragraph (2)(a), after paragraph (iii) insert—.
Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
“Regulation 664/2014” means Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules;
The Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65) are amended as follows.
Regulation 10 (exclusions: concession contracts awarded pursuant to international rules) is amended as follows. In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it). For paragraph (2) substitute— At the end insert—
Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
The amendments made by this Schedule do not apply to a procurement commenced before the day on which this Schedule comes into force (the “Schedule commencement date”).
For the purposes of paragraph 23, a procurement is commenced before the Schedule commencement date if any of sub-paragraphs (2) to (4) apply in relation to the procurement. This sub-paragraph applies if, before the Schedule commencement date, a notice has been sent to the UK e-notification service in order to— This sub-paragraph applies if, before the Schedule commencement date, the contracting authority or utility has had published any form of advertisement seeking offers or expressions of interest in respect of a proposed contract, framework agreement or dynamic purchasing system. This sub-paragraph applies if, before the Schedule commencement date, the contracting authority or utility has contacted any economic operator in order to—
Procedures taken for the purposes of modifying a contract or framework agreement are not to be treated as affecting the date on which the procurement for the award of that contract or agreement commenced.
In this Part of this Schedule—
the following terms have the same meaning as in the applicable Procurement Regulations—
contracting authority;
design contest;
dynamic purchasing system;
economic operator;
framework agreement;
procurement;
UK e-notification service;
utility, and
“the applicable Procurement Regulations” means whichever of the following applies to the procurement in question—
the Public Contracts Regulations 2015 (S.I. 2015/102);
the Concession Contracts Regulations 2016 (S.I. 2016/273);
the Utilities Contracts Regulations 2016 (S.I. 2016/274);
the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446);
the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49);
the Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65).