These Regulations implement the necessary domestic legislative changes in the United Kingdom to give effect to the obligations arising from the UK’s accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), modifying various areas of UK law including those related to goods, services, intellectual property, and customs procedures to align with the terms of international treaty.
Arguments For
Implementing the UK’s accession to the CPTPP fosters deeper trade integration with a dynamic group of economies, potentially boosting UK GDP and exports.
Adopting the regulations ensures the UK meets its international obligations under the agreement, solidifying its position as a global trading nation post-Brexit.
Making necessary changes to existing UK legislation, such as those concerning intellectual property and customs procedures, harmonizes domestic law with international standards set by the CPTPP, streamlining cross-border commerce.
These measures provide greater market access for UK businesses in sectors like services and digital trade across CPTPP member countries.
Arguments Against
Implementing changes required by the CPTPP may constrain the UK government's future legislative flexibility in areas such as data protection or product standards in favour of international alignment.
Certain regulatory adjustments, particularly concerning intellectual property rights or specific market access provisions, could place competitive pressures on domestic industries unable to adapt quickly to new trade rules.
The economic benefits of the agreement are subject to modelling and forecasting; overly optimistic projections might mask localized negative impacts on specific sectors or regions.
The process requires amendment of numerous pieces of existing legislation, creating administrative complexity for businesses and regulatory bodies needing to comply with the new framework.
PART 1
Preliminary
1. Citation and commencement
(1) These Regulations may be cited as the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2023 and come into force on the day after the day on which they are made.
(2) These Regulations extend to the whole of the United Kingdom.
2. Interpretation
In these Regulations—
“the 2018 Act” means the Trade Act 2018;
“the CPTPP” means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership done at Santiago on 8 March 2018;
“the CPTPP text” means the text of the CPTPP as set out in Schedule 1 to the Trade Act 2023 (which sets out the text of the CPTPP and the UK’s reservations to it).
“UK law” means—
(a) in relation to England, Wales and Northern Ireland, any enactment or subordinate legislation;
(b) in relation to Scotland, any Act of the Scottish Parliament or instrument made under such an Act;
“UK reservation” means a reservation made by the UK under Article Q.5 of the CPTPP (reservations in general) or under any other provision of the CPTPP that authorises a reservation.
This initial part covers the official naming and activation of the Regulations, stating they can be cited as the Trade (CPTPP) Regulations 2023 and take effect the day after they are formally made.
They apply across England, Wales, Scotland, and Northern Ireland.
It also defines key terms used throughout the document, such as the 2018 Act, the CPTPP agreement itself, the CPTPP text as scheduled in the 2023 Trade Act, and clarifies what constitutes 'UK law' for the purposes of these rules.
**PART 2
Provisions for the purpose of giving effect to the CPTPP
3. Modification of Parts 1 and 2 of the 2018 Act
Parts 1 and 2 of the 2018 Act are modified as follows.
4. Modification of Part 1 of the 2018 Act (Treaty obligations)
In section 1(1) of the 2018 Act (meaning of international agreement for the purposes of Part 1), after paragraph (kc) insert—
“(kd) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership done at Santiago on 8 March 2018 (the CPTPP);”.
This section modifies the Trade Act 2018, specifically Parts 1 and 2, to incorporate the CPTPP into the domestic legal framework related to implementing international agreements.
Section 4 amends Section 1(1) of the 2018 Act by adding the CPTPP as a recognized international agreement for the purposes of that Part of the Act.
5. Modification of Part 2 of the 2018 Act (Approval of trade agreements)
(1) Section 13 of the 2018 Act (meaning of trade agreement) is modified as follows.
(2) In subsection (1), after “Act of 2018)” insert “or the CPTPP”.
(3) In subsection (2), after “this Act” insert “or the CPTPP”.
6. Modification of Schedule 1 to the 2018 Act (provisions relating to Parliament’s approval of trade agreements)
Schedule 1 to the 2018 Act is modified as follows.
7. Modification of paragraph 9 of Schedule 1 to the 2018 Act (Parliamentary report of an agreement before it is laid before Parliament)
In paragraph 9(1) of Schedule 1 to the 2018 Act, after “Part 1 of this Act” insert “or the CPTPP”.
These regulations further modify Part 2 of the Trade Act 2018, which deals with parliamentary approval for trade agreements.
Section 6 and 7 specifically adapt provisions within Schedule 1 of the 2018 Act, ensuring that the CPTPP is correctly referenced when reporting on trade agreements to Parliament before they are laid before the Houses under the established procedures.
PART 3
Modifications, revocations and repeal
8. Modification of Intellectual Property Act 1994
The Intellectual Property Act 1994 is modified as set out in Schedule 1.
9. Modification of Copyright, Designs and Patents Act 1988
The Copyright, Designs and Patents Act 1988 is modified as set out in Schedule 2.
10. Modification of Trade Marks Act 1994
The Trade Marks Act 1994 is modified as set out in Schedule 3.
11. Modification of the Copyright, Designs and Patents Act 1988, Trade Marks Act 1994 and Registered Designs Act 1949 (international agreements)
(1) The Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949 are modified as set out in Schedule 4.
(2) Nothing in Schedule 4 prevents the making of regulations under section 2(1) of the European Union (Withdrawal) Act 2018 to amend or repeal any provision of the Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 or the Registered Designs Act 1949 which is modified by Schedule 4, provided that such regulations are made for the purpose of ensuring that UK law is consistent with the UK’s obligations under the CPTPP.
Part 3 introduces specific amendments to existing UK legislation governing intellectual property rights to align with the CPTPP obligations.
This involves modifying the Intellectual Property Act 1994 (Schedule 1), the Copyright, Designs and Patents Act 1988 (Schedule 2), and the Trade Marks Act 1994 (Schedule 3).
Furthermore, Schedule 4 makes joint modifications across these three key intellectual property Acts concerning international agreements, alongside a clause clarifying that this modification does not prevent future secondary legislation under the European Union (Withdrawal) Act 2018, provided that future changes maintain consistency with the CPTPP obligations.
12. Modification of Social Security Administration Act 1992
The Social Security Administration Act 1992 is modified as set out in Schedule 5.
13. Modification of Customs and Excise Management Act 1979
The Customs and Excise Management Act 1979 is modified as set out in Schedule 6.
14. Modification of other enactments
The enactments mentioned in Schedule 7 are modified or repealed to the extent specified in that Schedule.
15. Revocation of existing regulations
The regulations specified in Schedule 8 are revoked to the extent specified in that Schedule.
16. Commencement
Schedule 9 sets out provisions relating to the commencement of certain modifications, revocations and repeals made by these Regulations.
The regulations extend required changes beyond intellectual property to other areas of law, mandating modifications to the Social Security Administration Act 1992 (Schedule 5) and the Customs and Excise Management Act 1979 (Schedule 6).
Furthermore, other miscellaneous enactments are modified or repealed as detailed in Schedule 7, and certain existing regulations are revoked as listed in Schedule 8.
Schedule 9 governs the specific timing for when these various amendments and revocations take effect.
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