Explanatory notes to the Bill, prepared by the Department for Business and Trade, have been ordered to be published as HL Bill 4—EN.
Lord Johnson of Lainston has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Bill [HL] are compatible with the Convention rights.
A
bill
to
Enable the implementation of, and the making of other provision in connection with, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
B e 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:—
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.
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—
“
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).
“24A contract that is—
(a)wholly or mainly funded by an international organisation
of which the United Kingdom is a member, and
(b)awarded under a procedure that is—
(i)adopted by that organisation, and
(ii)inconsistent in any material respect with the
procedure for the award of the contract in accordance
with this Act.
But this paragraph does not apply to a defence and security contract
(as to which, see paragraph 29).”
In Schedule 9 (treaty state suppliers (specified international agreements)), at Comprehensive and Progressive Agreement for Trans-Pacific
the end insert—
“25
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.”
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.
In Article 3 (definitions), in point (13a), at the end insert “, and a trade mark the trade mark has not been registered, the application has not been withdrawn or abandoned, and in a case where the application for registration has been refused— an appeal has been brought but has not been finally the period for bringing an appeal is still running
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:
(a)
(b)
(c)
(i)
determined, withdrawn or abandoned, or
(ii)
(disregarding the possibility of an appeal out of time);”.
In Article 6, in paragraph 4 (designations of origin and geographical the subject of a good faith pending application for registration, the subject of a good faith registration, or established by use,
indications: conflict with trade marks), for the words from “, in” to the end
substitute “the name proposed is likely to cause confusion with a trade mark
that is, on the date on which the application for protection of the designation
of origin or geographical indication is submitted to the Secretary of State:
(a)
(b)
(c)
within the territory of the United Kingdom.”
“1A.The 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).”
In Regulation 664/2014, in Article 7(1) (cancellation), for the words from “as”
to “54(1)”, substitute “under Article 54(1) or (1A)”.
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).]”
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).
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—
“
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.
“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 section 206 (qualifying countries, individuals and persons), in subsection make provision for the application of this Part to a country by a performance being a qualifying performance because that condition being met by way of a connection to such
(4), before paragraph (a) insert—
“(za)
virtue of paragraph (a) or (ba) of the definition of “qualifying
country” in subsection (1) to be subject to specified restrictions,
but those restrictions may only relate to rights which would
otherwise apply as a result of—
(i)
it meets Condition C or Condition D in section 181, and
(ii)
a country;”.
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—
before the commencement date, or
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)
.
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—
“
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).
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 6 (extent);
this section;
section 8 (short title).
This Act may be cited as the Trade (Comprehensive and Progressive
Agreement for Trans-Pacific Partnership) Act 2024.
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)—
in the words before sub-paragraph (a), omit “any of the following”;
omit sub-paragraph (b).
“(2)This Part does not apply to a relevant international public contract or
design contest in a case where the applicable procurement rules restrict
the participation of economic operators in the procedure.
(2A)In the case of a relevant international public contract or design
contest where the applicable procurement rules do not restrict the
participation of economic operators in the procedure, the only provision
of this Part that applies is regulation 25B (equal treatment of economic
operators).”
Omit paragraph (3).
In paragraph (4), omit “paragraphs (1) to (3) of”.
“(5)In this regulation, “relevant international public contract or design
contest” means a public contract or design contest that—
(a)the contracting authority awards or organises in accordance with
procurement rules provided by an international organisation or
international financing institution, and
(b)is fully financed, or co-financed for the most part, by that
organisation or institution.”
In regulation 50 (contract award notices), in paragraph (2)(a), after paragraph in paragraph 13, the words “or the highest tender and lowest
(ii) insert—
“(iia)
tender taken into consideration” were omitted;”.
“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 Concession Contracts Regulations 2016 (S.I. 2016/273) are amended as
follows.
Regulation 10 (general exclusions) is amended as follows.
In paragraph (5)—
in the words before sub-paragraph (a), omit “any of the following”;
omit sub-paragraph (b).
“(6)These Regulations do not apply to a relevant international concession
contract in a case where the applicable procurement rules restrict the
participation of economic operators in the procedure.
(6A)In the case of a relevant international concession contract where the
applicable procurement rules do not restrict the participation of economic
operators in the procedure, the only regulation that applies is regulation
8 (equal treatment of economic operators).”
Omit paragraph (7).
In paragraph (8), for “(7)” substitute “(6A)”.
“(8A)In this regulation, “relevant international concession contract” means
a concession contract that—
(a)the contracting authority or utility awards in accordance with
procurement rules provided by an international organisation or
international financing institution, and
(b)is fully financed, or co-financed for the most part, by that
organisation or institution.”
“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)—
in the words before sub-paragraph (a), omit “any of the following”;
omit sub-paragraph (b).
“(2)These Regulations do not apply to a relevant international contract or
design contest in a case where the applicable procurement rules restrict
the participation of economic operators in the procedure.
(2A)In the case of a relevant international contract or design contest
where the applicable procurement rules do not restrict the participation of
economic operators in the procedure, the only regulation that applies is
regulation 43B (equal treatment of economic operators).”
Omit paragraph (3).
In paragraph (4), omit “paragraphs (1) to (3) of”.
“(5)In this regulation, “relevant international contract or design contest”
means a contract or design contest that—
(a)the utility awards or organises in accordance with procurement
rules provided by an international organisation or international
financing institution, and
(b)is fully financed, or co-financed for the most part, by that
organisation or institution.”
In regulation 70 (contract award notices), in paragraph (2)(a), after paragraph in paragraph 12, for the words from “or the prices” to the end
(iii) insert—
“(iiia)
there were substituted “for the contract awarded”;”.
“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).
“(2)These Regulations do not apply to procurement for the award of a
relevant international public contract or the organisation of a relevant
international design contest in a case where the applicable procurement
rules restrict the participation of economic operators in the procedure.
(2A)In the case of procurement for the award of a relevant international
public contract or relevant international design contest where the applicable
procurement rules do not restrict the participation of economic operators
in the procedure, the only regulation that applies to the procurement is
regulation 26B (equal treatment of economic operators).”
“(4)In this regulation, “relevant international public contract” and “relevant
international design contest” mean a public contract or design contest that—
(a)the contracting authority awards or organises in accordance with
procurement rules provided by an international organisation or
international financing institution, and
(b)is fully financed, or co-financed for the most part, by that
organisation or institution.”
In regulation 51 (contract award notices), in paragraph (2)(a), after paragraph in paragraph 13, the words “or the highest tender and lowest
(ii) insert—
“(iia)
tender taken into consideration” were omitted,”.
“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 (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).
“(2)These Regulations do not apply to procurement for the award of a
relevant international contract or the organisation of a relevant international
design contest in a case where the applicable procurement rules restrict
the participation of economic operators in the procedure.
(2A)In the case of procurement for the award of a relevant international
public contract or relevant international design contest where the applicable
procurement rules do not restrict the participation of economic operators
in the procedure, the only regulation that applies to the procurement is
regulation 41B (equal treatment of economic operators).”
“(4)In this regulation, “relevant international contract” and “relevant
international design contest” mean a contract or design contest that—
(a)the utility undertakes or organises in accordance with procurement
rules provided by an international organisation or international
financing institution, and
(b)is fully financed, or co-financed for the most part, by that
organisation or institution.”
In regulation 68 (contract award notices), in paragraph (2)(a), after paragraph in paragraph 12, for the words from “or the prices” to the end
(iii) insert—
“(iiia)
there were substituted “for the contract awarded”,”.
“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 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).
“(2)These Regulations do not apply to procurement for the award of a
relevant international concession contract in a case where the applicable
procurement rules restrict the participation of economic operators in the
procedure.
(2A)In the case of procurement for the award of a relevant international
concession contract where the applicable procurement rules do not restrict
the participation of economic operators in the procedure, the only regulation
that applies to the procurement is regulation 28 (equal treatment of
economic operators).”
“(4)In this regulation, “relevant international concession contract” means
a concession contract that—
(a)the contracting entity undertakes or organises in accordance with
procurement rules provided by an international organisation or
international financing institution, and
(b)is fully financed, or co-financed for the most part, by that
organisation or institution.”
“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—
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
publicise an intention to hold a design contest.
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—
seek expressions of interest or offers in respect of a proposed
contract, framework agreement or dynamic purchasing system, or
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.
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).
A
bill
to
Enable the implementation of, and the making of other provision in connection with, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
Ordered to be Printed, .
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