Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024

2024 Chapter 6

An Act to enable the implementation of, and the making of other provision in connection with, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Enacted[20th March 2024]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

^I11 Meaning of “the CPTPP”¶

In this Act—

“the CPTPP” means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the UK Accession Protocol, as it has effect in the United Kingdom from time to time;
“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.

^I22 Treatment of conformity assessment bodies etc¶

1 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).

2 Regulations under this section may include consequential, supplementary, incidental, transitional or saving provision.

3 A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

4 In this section—

“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.

^I33 Procurement¶

1 The Procurement Act 2023 is amended as set out in subsections (2) and (3).

2 In Schedule 2 (exempted contracts), for paragraph 24 substitute—

3 In Schedule 9 (treaty state suppliers (specified international agreements)), at the end insert—

4 In the Schedule—

a 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);

b Part 2 makes amendments to procurement regulations for Scotland;

c Part 3 makes transitional provision in relation to the amendments made by Parts 1 and 2.

^I44 Designations of origin and geographical indications¶

1 Regulation 1151/2012 is amended as set out in subsections (2) to (4).

2 In Article 3 (definitions), in point (13a), at the end insert

3 In Article 6, in paragraph 4 (designations of origin and geographical indications: conflict with trade marks), for the words from

4 In Article 54 (cancellation), after paragraph (1) insert—

1AThe Secretary of State may, on the Secretary of State’s own initiative or at the request of any natural or legal person having a legitimate interest, decide to cancel the registration of a protected designation of origin or a protected geographical indication on the grounds that, on the date on which the application for registration was submitted to the Secretary of State under Article 49, either of the following provisions applied in relation to the name proposed:

a paragraph 1 of Article 6 (no registration of generic terms), or

b paragraph 4 of Article 6 (conflict with trade mark).

1BIn a case where the protected designation of origin or protected geographical indication has been the subject of an application for approval of an amendment to the product specification under Article 53 which resulted in a change to the protected name, the reference in paragraph 1A to the application for registration under Article 49 is to be read as a reference to the application for approval of the amendment to the name under Article 49 as applied by Article 53(2) (or, in a case where there has been more than one such application, the latest of those).

5 In Regulation 664/2014, in Article 7(1) (cancellation), for the words from “as” to “54(1)”, substitute “under Article 54(1) or (1A)”.

6 Regulation 668/2014 is amended as set out in subsections (7) to (9).

7 In Article 11(1) (cancellation), after “54(1)” insert “or (1A)”.

8 In Annex 3 (reasoned statement of opposition), in section 4 (reason for the opposition), omit “existing”.

9 In Annex 9 (cancellation request)—

a in the words before section 1, after “54(1)” insert “or (1A)”;

b in section 4, after “54(1)” insert “or (1A)”;

c in section 5, at the end insert—

10 The amendments made by subsections (3) and (8) apply only in relation to—

a 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

b 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).

11 As regards the amendments made by subsections (4), (5), (7) and (9)—

a 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;

b 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—

i 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

ii 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).

12 In this section—

“DO” means a designation of origin for the purposes of Regulation 1151/2012 (see Article 5(1) of that Regulation);
“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;
“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 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;
“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.

^I5^I65 Performers’ rights¶

1 Part 2 of the Copyright, Designs and Patents Act 1988 (rights in performances) is amended as set out in subsections (2) and (3).

2 For section 181 (qualifying performances) substitute—

181 Qualifying performances

1 A performance is a qualifying performance for the purposes of this Part if it meets any of Conditions A to D.

2 Condition A is that the performance is given by a qualifying individual.

3 Condition B is that the performance takes place in a qualifying country.

4 Condition C is that the performance is included in a sound recording and—

a the producer of that sound recording is a qualifying individual or a body incorporated under the law of a qualifying country, or

b that sound recording is—

i first published in a qualifying country, or

ii published in a qualifying country within the period of 30 days beginning with the day on which it is first published.

5 But Condition C is not met if, or to the extent that, the sound recording in question is a copy taken from a previous sound recording.

6 Condition D is that—

a the performance has not been included in a sound recording,

b the performance is broadcast, and

c the broadcast is—

i made from a qualifying country, or

ii made by a broadcasting organisation the headquarters of which are situated in a qualifying country.

7 In subsection (4)(a), the “producer” of a sound recording means the person who undertakes the arrangements necessary for the making of the sound recording.

3 In section 206 (qualifying countries, individuals and persons), in subsection (4), before paragraph (a) insert—

4 The amendment made by subsection (2) has effect in relation to performances taking place before, on or after the commencement date.

5 But an act done—

a before the commencement date, or

b on or after that date, but in pursuance of arrangements made before that date,

is not to be regarded as infringing or affecting any new performers’ right, except as provided in subsection (6).

6 Subsection (5)(b) does not apply where—

a 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

b 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.

7 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—

a the date on which the Order comes into force, or

b the commencement date.

8 In this section—

“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).

^I76 Extent¶

1 This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.

2 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.

3 Section 3(4)(b) and Part 2 of the Schedule (amendments to procurement regulations for Scotland) extend to Scotland only.

^I87 Commencement¶

1 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.

2 The following sections come into force on the day on which this Act is passed—

a section 1 (meaning of “the CPTPP”);

b section 2 (treatment of conformity assessment bodies etc);

c 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);

d section 6 (extent);

e this section;

f section 8 (short title).

3 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.

4 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.

^I98 Short title¶

This Act may be cited as the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.

Schedule ¶

Amendments to procurement regulations

Section 3(4)

Part 1 Amendments to procurement regulations for England and Wales and Northern Ireland¶

The Public Contracts Regulations 2015¶

^I101The Public Contracts Regulations 2015 (S.I. 2015/102) are amended as follows.

^I112

1 Regulation 9 (public contracts awarded, and design contests organised, pursuant to international rules) is amended as follows.

2 In paragraph (1)—

a in the words before sub-paragraph (a), omit “any of the following”;

b omit sub-paragraph (b).

3 For paragraph (2) substitute—

4 Omit paragraph (3).

5 In paragraph (4), omit “paragraphs (1) to (3) of”.

6 At the end insert—

^I123In regulation 50 (contract award notices), in paragraph (2)(a), after paragraph (ii) insert—

^I134In Schedule 4A (international trade agreements), at the end insert—

The Concession Contracts Regulations 2016¶

^I145The Concession Contracts Regulations 2016 (S.I. 2016/273) are amended as follows.

^I156

1 Regulation 10 (general exclusions) is amended as follows.

2 In paragraph (5)—

a in the words before sub-paragraph (a), omit “any of the following”;

b omit sub-paragraph (b).

3 For paragraph (6) substitute—

4 Omit paragraph (7).

5 In paragraph (8), for “(7)” substitute “(6A)”.

6 After paragraph (8) insert—

^I167In Schedule 4 (international trade agreements), at the end insert—

The Utilities Contracts Regulations 2016¶

^I178The Utilities Contracts Regulations 2016 (S.I. 2016/274) are amended as follows.

^I189

1 Regulation 20 (contracts awarded and design contests organised pursuant to international rules) is amended as follows.

2 In paragraph (1)—

a in the words before sub-paragraph (a), omit “any of the following”;

b omit sub-paragraph (b).

3 For paragraph (2) substitute—

4 Omit paragraph (3).

5 In paragraph (4), omit “paragraphs (1) to (3) of”.

6 At the end insert—

^I1910In regulation 70 (contract award notices), in paragraph (2)(a), after paragraph (iii) insert—

^I2011In Schedule 3 (international trade agreements), at the end insert—

Part 2 Amendments to procurement regulations for Scotland¶

The Public Contracts (Scotland) Regulations 2015¶

^I2112The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446) are amended as follows.

^I2213

1 Regulation 10 (exclusions: public contracts awarded, and design contests organised, pursuant to international rules) is amended as follows.

2 In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).

3 For paragraph (2) substitute—

4 At the end insert—

^I2314In regulation 51 (contract award notices), in paragraph (2)(a), after paragraph (ii) insert—

^I2415In Schedule 4A (international trade agreements), at the end insert—

The Utilities Contracts (Scotland) Regulations 2016¶

^I2516The Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49) are amended as follows.

^I2617

1 Regulation 19 (exclusion: contracts awarded and design contests organised pursuant to international rules) is amended as follows.

2 In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).

3 For paragraph (2) substitute—

4 At the end insert—

^I2718In regulation 68 (contract award notices), in paragraph (2)(a), after paragraph (iii) insert—

^I2819In Schedule 2A (international trade agreements), at the end insert—

The Concession Contracts (Scotland) Regulations 2016¶

^I2920The Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65) are amended as follows.

^I3021

1 Regulation 10 (exclusions: concession contracts awarded pursuant to international rules) is amended as follows.

2 In paragraph (1), omit sub-paragraph (b) (and the “or” preceding it).

3 For paragraph (2) substitute—

4 At the end insert—

^I3122In Schedule 5 (international trade agreements), at the end insert—

Part 3 Transitional provision¶

^I3223The 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”).

^I3324

1 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.

2 This sub-paragraph applies if, before the Schedule commencement date, a notice has been sent to the UK e-notification service in order to—

a invite offers or requests to be selected to tender for or negotiate in respect of a proposed contract, framework agreement or dynamic purchasing system, or

b publicise an intention to hold a design contest.

3 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.

4 This sub-paragraph applies if, before the Schedule commencement date, the contracting authority or utility has contacted any economic operator in order to—

a seek expressions of interest or offers in respect of a proposed contract, framework agreement or dynamic purchasing system, or

b respond to an unsolicited expression of interest or offer received from that economic operator in respect of a proposed contract, framework agreement or dynamic purchasing system.

^I3425Procedures 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.

^I3526In this Part of this Schedule—

a the following terms have the same meaning as in the applicable Procurement Regulations—

i contracting authority;

ii design contest;

iii dynamic purchasing system;

iv economic operator;

v framework agreement;

vi procurement;

vii UK e-notification service;

viii utility, and

b “the applicable Procurement Regulations” means whichever of the following applies to the procurement in question—

i the Public Contracts Regulations 2015 (S.I. 2015/102);

ii the Concession Contracts Regulations 2016 (S.I. 2016/273);

iii the Utilities Contracts Regulations 2016 (S.I. 2016/274);

iv the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446);

v the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49);

vi the Concession Contracts (Scotland) Regulations 2016 (S.S.I. 2016/65).

Footnotes

I1
S. 1 in force at Royal Assent, see s. 7(2)(a)
I2
S. 2 in force at Royal Assent, see s. 7(2)(b)
I3
S. 3(1) in force for specified purposes and s. 3(2)(3) wholly in force in accordance with s. 7(3)(4); and s. 3(4) in force and s. 3(1) in force in so far as not already in force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I4
S. 4 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I5
S. 5(1) in force for specified purposes and s. 5(3)(7) wholly in force at Royal Assent, see s. 7(2)(c); and s. 5(1) in force in so far as not already in force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I6
S. 5(2)(4)-(6)(8) comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I7
S. 6 in force at Royal Assent, see s. 7(2)(d)
I8
S. 7 in force at Royal Assent, see s. 7(2)(e)
I9
S. 8 in force at Royal Assent, see s. 7(2)(f)
I10
Sch. para. 1 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I11
Sch. para. 2 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I12
Sch. para. 3 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I13
Sch. para. 4 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I14
Sch. para. 5 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I15
Sch. para. 6 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I16
Sch. para. 7 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I17
Sch. para. 8 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I18
Sch. para. 9 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I19
Sch. para. 10 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I20
Sch. para. 11 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I21
Sch. para. 12 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I22
Sch. para. 13 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I23
Sch. para. 14 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I24
Sch. para. 15 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I25
Sch. para. 16 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I26
Sch. para. 17 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I27
Sch. para. 18 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I28
Sch. para. 19 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I29
Sch. para. 20 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I30
Sch. para. 21 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I31
Sch. para. 22 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I32
Sch. para. 23 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I33
Sch. para. 24 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I34
Sch. para. 25 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)
I35
Sch. para. 26 comes into force on the day on which the CPTPP enters into force for the United Kingdom, see s. 7(1)

Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024

I11 Meaning of “the CPTPP”¶

I22 Treatment of conformity assessment bodies etc¶

I33 Procurement¶

I44 Designations of origin and geographical indications¶

I5I65 Performers’ rights¶

I76 Extent¶

I87 Commencement¶

I98 Short title¶

Schedule ¶

Amendments to procurement regulations

Part 1 Amendments to procurement regulations for England and Wales and Northern Ireland¶

The Public Contracts Regulations 2015¶

The Concession Contracts Regulations 2016¶

The Utilities Contracts Regulations 2016¶

Part 2 Amendments to procurement regulations for Scotland¶

The Public Contracts (Scotland) Regulations 2015¶

The Utilities Contracts (Scotland) Regulations 2016¶

The Concession Contracts (Scotland) Regulations 2016¶

Part 3 Transitional provision¶

Footnotes

^I11 Meaning of “the CPTPP”¶

^I22 Treatment of conformity assessment bodies etc¶

^I33 Procurement¶

^I44 Designations of origin and geographical indications¶

^I5^I65 Performers’ rights¶

^I76 Extent¶

^I87 Commencement¶

^I98 Short title¶